Health and Human Services Legislation Amendment Act 2010

i Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF THE PUBLIC HEALTH AND WELLBEING ACT 2008 3 3 New definitions inserted 3 4 Secretary body corporate 3 16 Secretary body corporate 3 5 New sections 19A to 19C inserted 4 19A Delegation by Secretary body corporate 4 19B Committee of management 4 19C Powers of the Secretary body corporate in relation to intellectual property 4 6 New sections 246A to 246D inserted 5 246A Abolition of body corporate known as Secretary to the Department of Human Services 5 246B Action by Registrar of Titles 8 246C Taxes 8 246D Property etc. vests subject to encumbrances 8 PART 3—AMENDMENT OF THE DISABILITY ACT 2006 10 7 Definitions 10 8 Power of Secretary to enter into contracts 10 9 New sections 10A to 10D inserted 10 10A Secretary's powers in relation to land 10 10B Committee of management 11 10C Record of dealings 11 10D Secretary's powers in relation to intellectual property 12 10 Delegation 13 204 Delegation 13 -- 1 of 58 -- Section Page ii 11 New section 225A inserted 14 225A Order specifying land, leases, licences and interests in land to be transferred to Secretary 14 12 New sections 225B to 225E inserted 15 225B Vesting of land, leases, licences and interests in land in the Secretary 15 225C Action by Registrar of Titles 17 225D Taxes 17 225E Land etc. vests subject to encumbrances 17 PART 4—AMENDMENT OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 19 13 Definitions 19 14 New sections 16A to 16E inserted 19 16A Power of the Secretary to enter into contracts 19 16B Powers of the Secretary in relation to land 20 16C Committee of management 20 16D Record of dealings 20 16E Secretary's powers in relation to intellectual property 22 15 Delegation 22 16 New section 611 inserted 23 611 Order specifying land, leases, licences and interests in land to be transferred to Secretary 23 17 New sections 612 to 615 inserted 24 612 Vesting of property in Secretary 24 613 Action by Registrar of Titles 26 614 Taxes 26 615 Land etc. vests subject to encumbrances 26 PART 5—CONSEQUENTIAL AND OTHER AMENDMENTS 28 Division 1—Amendment of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 28 18 Definitions 28 19 Supervision orders 28 20 Appeal against supervision order 29 21 Non-compliance with non-custodial supervision order 30 22 Warrant to arrest person breaching non-custodial supervision order who leaves Victoria 30 23 Warrant to arrest person subject to custodial supervision order who leaves Victoria 31 24 Appeal against confirmation or variation of supervision orders 32 25 Appeal against revocation of non-custodial supervision orders 32 26 Notice of hearings to DPP, Attorney-General, Secretary to Department of Health and Secretary to Department of Human Services 33 -- 2 of 58 -- Section Page iii 27 Notice of hearings to family members and victims 33 28 Reports on mental condition of persons declared liable to supervision 33 29 Certificate of available services 34 30 What are the surrounds? 36 31 Appeals regarding extended leave 36 32 Appeals regarding revocation of extended leave 37 33 Review of persons transferred to Victoria 38 34 Warrant to arrest person who absconds to Victoria 38 35 Review of interim disposition order 39 36 New clause 13 inserted in Schedule 3 39 13 Transitional provision—Health and Human Services Legislation Amendment Bill 2010 39 Division 2—Amendment of the Environment Protection Act 1970 40 37 New definition inserted 40 38 Works approval 40 39 Licensing of certain premises 40 40 Amendment of licence 40 41 Orders to public authorities etc. to curtail services etc. 41 42 New section 73 inserted 41 73 Transitional provisions—Health and Human Services Legislation Amendment Act 2010 41 Division 3—Amendment of other Acts 41 43 Amendment of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 41 44 Amendment of the Alcoholics and Drug-dependent Persons Act 1968 42 45 Amendment of the Ambulance Services Act 1986 42 46 Amendment of the Assisted Reproductive Treatment Act 2008 43 47 Amendment of the Births, Deaths and Marriages Registration Act 1996 43 48 Amendment of the Building Act 1993 43 49 Amendment of the Cancer Act 1958 44 50 Amendment of the Cemeteries and Crematoria Act 2003 44 51 Amendment of the Coroners Act 2008 44 52 Amendment of the Corrections Act 1986 45 53 Amendment of the Country Fire Authority Act 1958 45 54 Amendment of the County Court Act 1958 45 55 Amendment of the Dairy Act 2000 45 56 Amendment of the Food Act 1984 46 57 Amendment of the Health (Fluoridation) Act 1973 46 58 Amendment of the Health Services Act 1988 46 59 Amendment of the Health Services (Conciliation and Review) Act 1987 47 -- 3 of 58 -- Section Page iv 60 Amendment of the Human Services (Complex Needs) Act 2009 48 61 Amendment of the International Transfer of Prisoners (Victoria) Act 1998 48 62 Amendment of the Juries Act 2000 48 63 Amendment of the Magistrates' Court Act 1989 49 64 Amendment of the Meat Industry Act 1993 49 65 Amendment of the Metropolitan Fire Brigades Act 1958 49 66 Amendment of the Non-Emergency Patient Transport Act 2003 49 67 Amendment of the Radiation Act 2005 50 68 Amendment of the Road Safety Act 1986 50 69 New section 103ZB inserted in Road Safety Act 1986 51 103ZB Transitional provision—Health and Human Services Legislation Amendment Act 2010 51 70 Amendment of the Safe Drinking Water Act 2003 51 71 Amendment of the Sentencing Act 1991 51 72 Amendment of the Summary Offences Act 1966 52 73 Amendment of the Tobacco Act 1987 52 74 Amendment of the Water Industry Act 1994 52 PART 6—REPEAL 53 75 Repeal of Act 53 ═══════════════ ENDNOTES 54 -- 4 of 58 -- 1 Health and Human Services Legislation Amendment Act 2010 † No. 29 of 2010 [Assented to 8 June 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Public Health and Wellbeing Act 2008— (i) to establish a body corporate known as the Secretary to the Department of Health; Victoria -- 5 of 58 -- Part 1—Preliminary Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 2 (ii) to abolish the body corporate known as the Secretary to the Department of Human Services; (iii) to provide for the vesting of property held by the Secretary to the Department of Human Services body corporate in the Secretary to the Department of Health body corporate; (iv) to provide the Secretary to the Department of Health body corporate with certain delegation powers; (v) to provide the Secretary to the Department of Health body corporate with certain powers in relation to intellectual property; (b) to amend the Disability Act 2006 and the Children, Youth and Families Act 2005— (i) to provide the Secretary to the Department of Human Services with certain powers in relation to land and intellectual property and to enter into agreements; and (ii) to provide the Secretary to the Department of Human Services with certain powers of delegation; (c) to make consequential and other amendments to those Acts and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 December 2010, it comes into operation on that day. __________________ s. 2 -- 6 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 3 PART 2—AMENDMENT OF THE PUBLIC HEALTH AND WELLBEING ACT 2008 3 New definitions inserted In section 3(1) of the Public Health and Wellbeing Act 2008— (a) in the definition of Department for "Human Services" substitute "Health"; (b) for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;"; (c) insert the following definition— "Secretary body corporate means the body corporate established by section 16;". 4 Secretary body corporate For section 16 of the Public Health and Wellbeing Act 2008 substitute— '16 Secretary body corporate (1) The person who is for the time being the Department Head of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Health". (2) The body corporate under subsection (1) by the name given to it under that subsection— (a) has perpetual succession and a corporate seal; and s. 3 See: Act No. 46/2008 and amending Act Nos 46/2008, 76/2008, 77/2008, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 7 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 4 (b) is capable in law— (i) of suing and being sued; and (ii) of acquiring, holding and disposing of real and personal property; and (iii) of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this or any other Act.'. 5 New sections 19A to 19C inserted After section 19 of the Public Health and Wellbeing Act 2008 insert— "19A Delegation by Secretary body corporate The Secretary body corporate may, by instrument, delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004, any power, duty or function of the Secretary body corporate under this Act (other than this power of delegation) or any other Act, or under the regulations made under this Act or any other Act. 19B Committee of management The Secretary body corporate may be a committee of management under the Crown Land (Reserves) Act 1978. 19C Powers of the Secretary body corporate in relation to intellectual property Without limiting the powers conferred on the Secretary body corporate under section 16, the Secretary body corporate may on behalf of the Crown— s. 5 -- 8 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 5 (a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (b) assign, grant, lease, licence, sell or dispose of, any intellectual property right; (c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.". 6 New sections 246A to 246D inserted After section 246 of the Public Health and Wellbeing Act 2008 insert— '246A Abolition of body corporate known as Secretary to the Department of Human Services (1) On the commencement day— (a) the Secretary to the Department of Human Services body corporate is dissolved; (b) the Secretary body corporate becomes the successor in law of the Secretary to the Department of Human Services body corporate. s. 6 -- 9 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 6 (2) Subject to subsection (1), on the commencement day— (a) all property and rights vested immediately before that day in the Secretary to the Department of Human Services body corporate vest in the Secretary body corporate; (b) all liabilities of the Secretary to the Department of Human Services body corporate existing immediately before that day become liabilities of the Secretary body corporate; (c) the Secretary body corporate is taken to be the lessee under any lease of which the Secretary to the Department of Human Services body corporate was the lessee immediately before that day; (d) the Secretary body corporate is taken to be the licensee under any licence of which the Secretary to the Department of Human Services body corporate was the licensee immediately before that day. (3) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence. (4) Property vested in the Secretary to the Department of Human Services body corporate vests in the Secretary body corporate under subsection (2) whether the property is registered— s. 6 -- 10 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 7 (a) in the name of "Secretary to the Department of Human Services"; or (b) in the name of "Secretary to the Department of Health and Community Services"; or (c) in the name of "Department of Human Services"; or (d) in the name of "Secretary, the Department of Human Services"; or (e) in the name of "Chief General Manager of the Department of Health"; or (f) in the name of "Health Commission of Victoria"; or (g) in a name that is substantially the same as any name referred to in paragraphs (a) to (f). (5) This section is subject to— (a) section 225B of the Disability Act 2006; and (b) section 612 of the Children, Youth and Families Act 2005. (6) In this section— commencement day means the day on which section 6 of the Health and Human Services Legislation Amendment Act 2010 comes into operation; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in s. 6 -- 11 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 8 real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; Secretary to the Department of Human Services body corporate means the body corporate referred to in section 16, as in force before the commencement day. 246B Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of section 246A. 246C Taxes No duty or other tax is chargeable under any Act in respect of anything done under section 246A or in respect of any act or transaction connected with or necessary to be done by reason of section 246A, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property to the Secretary body corporate. 246D Property etc. vests subject to encumbrances (1) Subject to section 225B of the Disability Act 2006 and section 612 of the Children, Youth and Families Act 2005, if, under section 246A, property and rights vest in the Secretary body corporate or liabilities become liabilities of the Secretary body corporate— s. 6 -- 12 of 58 -- Part 2—Amendment of the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 9 (a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the rights to which the Secretary to the Department of Human Services body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Secretary body corporate. (2) In this section Secretary to the Department of Human Services body corporate means the body corporate referred to in section 16, as in force before the commencement day.'. __________________ s. 6 -- 13 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 10 PART 3—AMENDMENT OF THE DISABILITY ACT 2006 7 Definitions In section 3(1) of the Disability Act 2006, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;". 8 Power of Secretary to enter into contracts For section 10(1) of the Disability Act 2006 substitute— "(1) Without limiting the powers conferred on the Secretary whether under this or any other Act, the Secretary may, on behalf of the Crown, enter into a contract with a person for the provision of goods or services— (a) to persons with a disability; or (b) that relate to the administration of this Act.". 9 New sections 10A to 10D inserted After section 10 of the Disability Act 2006 insert— '10A Secretary's powers in relation to land (1) The Secretary may, on behalf of the Crown and for the purposes of this Act— (a) acquire, hold or dispose of land; and s. 7 See: Act No. 23/2006 and amending Act Nos 80/2006, 25/2007, 69/2009, 74/2009 and 91/2009. LawToday: www. legislation. vic.gov.au -- 14 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 11 (b) otherwise deal with any land held by the Secretary. (2) Any acquisition or disposition of or other dealing with land by the Secretary under this Act on behalf of the Crown must be made in the name of the "Secretary to the Department of Human Services". (3) Without limiting subsections (1) and (2), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary to the Department of Human Services" by any person who previously held, acted in or performed the duties of, the office of Secretary. 10B Committee of management (1) The Secretary may be a committee of management under the Crown Land (Reserves) Act 1978 under the name "Secretary to the Department of Human Services". (2) Any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of "Secretary to the Department of Human Services". 10C Record of dealings (1) If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the Registrar of Titles of the acquisition must be in the name of the "Secretary to the Department of Human Services" as registered proprietor. s. 9 -- 15 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 12 (2) If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of Human Services", any recording in the Register by the Registrar of Titles must be made in the name of "Secretary to the Department of Human Services". (3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Human Services". (4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act— (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act. 10D Secretary's powers in relation to intellectual property The Secretary may, on behalf of the Crown— (a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as s. 9 -- 16 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 13 security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (b) assign, grant, lease, licence, sell or dispose of, any intellectual property right; (c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.'. 10 Delegation For section 204 of the Disability Act 2006 substitute— "204 Delegation (1) The Secretary may, by instrument, delegate to any officer or employee of the Department any power, duty or function of the Secretary under this Act (other than this power of delegation) or under regulations made under this Act. (2) The Secretary may, by instrument, delegate to any officer or employee of the Department any power, duty or function of the Secretary under any other Act or under regulations made under any other Act that relates to or affects persons with a disability.". s. 10 -- 17 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 14 11 New section 225A inserted After section 225 of the Disability Act 2006 insert— "225A Order specifying land, leases, licences and interests in land to be transferred to Secretary (1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette, specify— (a) the land to be vested in fee simple in the Secretary; and (b) the leases for which the Secretary is taken to be the lessee; and (c) the licences for which the Secretary is taken to be the licensee; and (d) the legal and equitable interests in land (whether protected by caveat under the Transfer of Land Act 1958 or not) to be vested in the Secretary— under section 225B. (2) The Minister, before making a recommendation to the Governor in Council under subsection (1), must be satisfied that— (a) the land to be vested in fee simple in the Secretary is vested in fee simple in the body corporate known as the Secretary to the Department of Human Services; and (b) the leases for which the Secretary is taken to be the lessee are held by the body corporate known as the Secretary to the Department of Human Services as lessee; and s. 11 -- 18 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 15 (c) the licences for which the Secretary is taken to be the licensee are held by the body corporate known as the Secretary to the Department of Human Services as licensee; and (d) the interests in land to be vested in the Secretary are vested in the body corporate known as the Secretary to the Department of Human Services.". 12 New sections 225B to 225E inserted After section 225A of the Disability Act 2006 insert— '225B Vesting of land, leases, licences and interests in land in the Secretary (1) Despite section 246A of the Public Health and Wellbeing Act 2008, on the commencement of section 6 of the Health and Human Services Legislation Amendment Act 2010— (a) all land vested in fee simple in the body corporate known as the Secretary to the Department of Human Services and specified in an order made under section 225A(1)(a) vests in fee simple in the Secretary, whether the land is registered— (i) in the name of "Secretary to the Department of Human Services"; or (ii) in the name of "Secretary to the Department of Health and Community Services"; or (iii) in the name of "Department of Human Services"; or s. 12 -- 19 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 16 (iv) in the name of "Secretary, the Department of Human Services"; or (v) in the name of "Chief General Manager of the Department of Health"; or (vi) in the name of "Health Commission of Victoria"; or (vii) in a name that is substantially the same as any name referred to in subparagraphs (i) to (vi); and (b) the Secretary is taken to be the lessee under the leases specified in an order made under section 225A(1)(b); and (c) the Secretary is taken to be the licensee under the licences specified in an order made under section 225A(1)(c); and (d) all interests in land specified in an order made under section 225A(1)(d) vest in the Secretary. (2) All land that vests in fee simple in the Secretary under this section is taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. (3) All leases referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (4) All licences referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (5) All interests in land referred to in subsection (1) are taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. s. 12 -- 20 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 17 (6) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence. (7) For the avoidance of doubt, the Secretary, on behalf of the Crown, is the successor in law to the body corporate known as the Secretary to the Department of Human Services in relation to any lease, licence or other interest given by the body corporate over land referred to in subsection (1). 225C Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of section 225B. 225D Taxes No duty or other tax is chargeable under any Act in respect of anything done under section 225B or in respect of any act or transaction connected with or necessary to be done by reason of section 225B, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property to the Secretary. 225E Land etc. vests subject to encumbrances (1) If land vests in fee simple in the Secretary under section 225B, the land so vested is subject to the encumbrances (if any) to which the land was subject immediately before so vesting. s. 12 -- 21 of 58 -- Part 3—Amendment of the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 18 (2) If leases are taken to be held by the Secretary under section 225B, the leases are subject to the same encumbrances (if any) to which the leases were subject immediately before they were held by the Secretary. (3) If licences are taken to be held by the Secretary under section 225B, the licences are subject to the same encumbrances (if any) to which the licences were subject immediately before they were held by the Secretary. (4) If an interest in land vests in the Secretary under section 225B, the interest so vested is subject to the encumbrances (if any) to which the interest was subject immediately before so vesting.'. __________________ s. 12 -- 22 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 19 PART 4—AMENDMENT OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 13 Definitions In section 3(1) of the Children, Youth and Families Act 2005, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;". 14 New sections 16A to 16E inserted After section 16 of the Children, Youth and Families Act 2005 insert— '16A Power of the Secretary to enter into contracts Without limiting the powers conferred on the Secretary whether under this or any other Act, the Secretary may, on behalf of the Crown, enter into a contract with a person for the provision of goods or services. s. 13 See: Act No. 96/2005. Reprint No. 2 as at 19 August 2009 and amending Act Nos 51/2006, 77/2008, 4/2009, 7/2009, 22/2009, 26/2009, 50/2009, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 23 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 20 16B Powers of the Secretary in relation to land (1) The Secretary may, on behalf of the Crown and for the purposes of this Act— (a) acquire, hold or dispose of land; and (b) otherwise deal with any land held by the Secretary. (2) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of the "Secretary to the Department of Human Services". (3) Without limiting subsections (1) and (2), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary to the Department of Human Services" by any person who previously held, acted in or performed the duties of, the office of Secretary. 16C Committee of management (1) The Secretary may be a committee of management under the Crown Land (Reserves) Act 1978 under the name "Secretary to the Department of Human Services". (2) Any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of "Secretary to the Department of Human Services". 16D Record of dealings (1) If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the s. 14 -- 24 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 21 Registrar of Titles of the acquisition must be in the name of the "Secretary to the Department of Human Services" as registered proprietor. (2) If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of Human Services", any recording in the Register by the Registrar of Titles must be made in the name of "Secretary to the Department of Human Services". (3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Human Services". (4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act— (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act. s. 14 -- 25 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 22 16E Secretary's powers in relation to intellectual property The Secretary may, on behalf of the Crown— (a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (b) assign, grant, lease, licence, sell or dispose of, any intellectual property right; (c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.'. 15 Delegation After section 17(4) of the Children, Youth and Families Act 2005 insert— "(5) The Secretary may, by instrument, delegate to any employee or class of employees any power of the Secretary (other than a power of delegation) under any other Act or under regulations made under any other Act.". s. 15 -- 26 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 23 16 New section 611 inserted After section 610 of the Children, Youth and Families Act 2005 insert— "611 Order specifying land, leases, licences and interests in land to be transferred to Secretary (1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette, specify— (a) the land to be vested in fee simple in the Secretary; and (b) the leases for which the Secretary is taken to be the lessee; and (c) the licences for which the Secretary is taken to be the licensee; and (d) the legal and equitable interests in land (whether protected by caveat under the Transfer of Land Act 1958 or not) to be vested in the Secretary— under section 612. (2) The Minister, before making a recommendation to the Governor in Council under subsection (1), must be satisfied that— (a) the land to be vested in fee simple in the Secretary is vested in fee simple in the body corporate known as the Secretary to the Department of Human Services; and (b) the leases for which the Secretary is taken to be the lessee are held by the body corporate known as the Secretary to the Department of Human Services as lessee; and s. 16 -- 27 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 24 (c) the licences for which the Secretary is taken to be the licensee are held by the body corporate known as the Secretary to the Department of Human Services as licensee; and (d) the interests in land to be vested in the Secretary are vested in the body corporate known as the Secretary to the Department of Human Services.". 17 New sections 612 to 615 inserted After section 611 of the Children, Youth and Families Act 2005 insert— '612 Vesting of property in Secretary (1) Despite section 246A of the Public Health and Wellbeing Act 2008, on the commencement of section 6 of the Health and Human Services Legislation Amendment Act 2010— (a) all land vested in fee simple in the body corporate known as the Secretary to the Department of Human Services and specified in an order made under section 611(1)(a) vests in fee simple in the Secretary, whether the land is registered— (i) in the name of "Secretary to the Department of Human Services"; or (ii) in the name of "Secretary to the Department of Health and Community Services"; or (iii) in the name of "Department of Human Services"; or s. 17 -- 28 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 25 (iv) in the name of "Secretary, the Department of Human Services"; or (v) in the name of "Chief General Manager of the Department of Health"; or (vi) in the name of "Health Commission of Victoria"; or (vii) in a name that is substantially the same as any name referred to in subparagraphs (i) to (vi); and (b) the Secretary is taken to be the lessee under the leases specified in an order made under section 611(1)(b); and (c) the Secretary is taken to be the licensee under the licences specified in an order made under section 611(1)(c); and (d) all interests in land specified in an order made under section 611(1)(d) vest in the Secretary. (2) All land that vests in fee simple in the Secretary under this section is taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. (3) All leases referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (4) All licences referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act. (5) All interests in land referred to in subsection (1) are taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act. s. 17 -- 29 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 26 (6) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of a lease or licence. (7) For the avoidance of doubt, the Secretary, on behalf of the Crown, is the successor in law to the body corporate known as the Secretary to the Department of Human Services in relation to any lease, licence or other interest given by the body corporate over land referred to in subsection (1). 613 Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of section 612. 614 Taxes No duty or other tax is chargeable under any Act in respect of anything done under section 612 or in respect of any act or transaction connected with or necessary to be done by reason of section 612, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property to the Secretary. 615 Land etc. vests subject to encumbrances (1) If land vests in fee simple in the Secretary under section 612, the land so vested is subject to the encumbrances (if any) to which the land was subject immediately before so vesting. s. 17 -- 30 of 58 -- Part 4—Amendment of the Children, Youth and Families Act 2005 Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 27 (2) If leases are taken to be held by the Secretary under section 612, the leases are subject to the same encumbrances (if any) to which the leases were subject immediately before they were held by the Secretary. (3) If licences are taken to be held by the Secretary under section 612, the licences are subject to the same encumbrances (if any) to which the licences were subject immediately before they were held by the Secretary. (4) If an interest in land vests in the Secretary under section 612, the interest so vested is subject to the encumbrances (if any) to which the interest was subject immediately before so vesting.'. __________________ s. 17 -- 31 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 28 PART 5—CONSEQUENTIAL AND OTHER AMENDMENTS Division 1—Amendment of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 18 Definitions In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997— (a) for paragraph (b) of the definition of appropriate place substitute— "(b) a residential treatment facility; or (c) a residential institution;"; (b) insert the following definitions— "disability service provider has the same meaning as in the Disability Act 2006; Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; Secretary to the Department of Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Human Services;". 19 Supervision orders (1) For section 26(3)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(b) providing for a person to receive services in an appropriate place or from a disability service provider, the Secretary to the s. 18 See: Act No. 65/1997. Reprint No. 3 as at 1 January 2007 and amending Act Nos 97/2005, 23/2006, 12/2008, 7/2009, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 32 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 29 Department of Human Services or the Secretary to the Department of Health—". (2) For section 26(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(8) A person who is detained in custody in an approved mental health service under a supervision order is deemed to be in the custody of the Secretary to the Department of Health. (9) A person who is detained in custody in a residential treatment facility or a residential institution under a supervision order is deemed to be in the custody of the Secretary to the Department of Human Services. Note Section 6A of the Corrections Act 1986 deems a person in custody in a prison to be in the custody of the Secretary to the Department of Justice.". 20 Appeal against supervision order (1) In section 28A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or the Secretary to the Department of Human Services" substitute "the Secretary to the Department of Human Services or the Secretary to the Department of Health". (2) In section 28A(2C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services," insert "the Secretary to the Department of Health,". s. 20 -- 33 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 30 21 Non-compliance with non-custodial supervision order For section 29(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) A person having the supervision of a person under a non-custodial supervision order (the supervisor), the Secretary to the Department of Human Services or the Secretary to the Department of Health may apply to the court that made the order for a variation of the order if it appears to the supervisor, the Secretary to the Department of Human Services or the Secretary to the Department of Health that the person subject to the order has failed to comply with it.". 22 Warrant to arrest person breaching non-custodial supervision order who leaves Victoria For section 30A(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) If at any time it appears to a person having supervision of a person under a non- custodial supervision order, the Secretary to the Department of Human Services or the Secretary to the Department of Health that the person subject to the order— (a) has failed to comply with the order; and (b) is no longer in Victoria— the person having supervision, the Secretary to the Department of Human Services or the Secretary to the Department of Health may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest the person subject to the order.". s. 21 -- 34 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 31 23 Warrant to arrest person subject to custodial supervision order who leaves Victoria (1) For section 30B(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) If at any time it appears to a person having the supervision of a forensic patient under a custodial supervision order or to the Secretary to the Department of Health that the forensic patient subject to the custodial supervision order— (a) is absent without leave from an approved mental health service; and (b) is no longer in Victoria— the person having supervision or the Secretary to the Department of Health may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest the patient.". (2) For section 30B(1A) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1A) If at any time it appears to the Secretary to the Department of Health that a federal forensic patient— (a) is absent without leave from an approved mental health service; and (b) is no longer in Victoria— the Secretary to the Department of Health may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest that patient. s. 23 -- 35 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 32 (1B) If at any time it appears to the Secretary to the Department of Human Services that a forensic resident subject to a custodial supervision order— (a) is absent without leave from a residential treatment facility or a residential institution; and (b) is no longer in Victoria— the Secretary to the Department of Human Services may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest that resident.". (3) In section 30B(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or residential service" substitute ", residential treatment facility or residential institution". 24 Appeal against confirmation or variation of supervision orders (1) In section 34(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services" insert "or the Secretary to the Department of Health". (2) In section 34(3C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services," insert "the Secretary to the Department of Health,". 25 Appeal against revocation of non-custodial supervision orders (1) In section 34A(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services" insert "or the Secretary to the Department of Health". s. 24 -- 36 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 33 (2) In section 34A(2B) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services," insert "the Secretary to the Department of Health,". 26 Notice of hearings to DPP, Attorney-General, Secretary to Department of Health and Secretary to Department of Human Services (1) In the heading to section 38B of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Attorney-General" insert ", Secretary to Department of Health". (2) For section 38B(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(c) the Secretary to the Department of Human Services or the Secretary to the Department of Health (as the case requires); and". 27 Notice of hearings to family members and victims In section 38C(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "the Attorney-General" insert ", the Secretary to the Department of Health". 28 Reports on mental condition of persons declared liable to supervision In section 41(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in the definition of appropriate person, for paragraph (b) substitute— "(b) the Secretary to the Department of Human Services if the person is— (i) in custody in a residential treatment facility or a residential institution; or s. 26 -- 37 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 34 (ii) receiving treatment or services under a supervision order from a residential treatment facility, a residential institution, a disability service provider or the Secretary to the Department of Human Services; or (c) the Secretary to the Department of Health if the person is— (i) in custody in an approved mental health service; or (ii) receiving treatment or services under a supervision order from an approved mental health service or the Secretary to the Department of Health.". 29 Certificate of available services (1) For section 47(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) A court must request the Secretary to the Department of Human Services to provide the court with a certificate of available services if the court is considering— (a) imposing a supervision order on a person— (i) committing a person to custody in a residential treatment facility or a residential institution; or (ii) providing for a person to receive services in a residential treatment facility or a residential institution or from a disability services provider or the Secretary to the Department of Human Services; or s. 29 -- 38 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 35 (b) making another order under this Act— (i) that a person be placed in custody in a residential treatment facility or a residential institution; or (ii) that a person otherwise receive treatment or services in a residential treatment facility or a residential institution or from a disability services provider or the Secretary to the Department of Human Services. (1A) A court must request the Secretary to the Department of Health to provide the court with a certificate of available services if the court is considering— (a) imposing a supervision order on a person— (i) committing a person to custody in an approved mental health service; or (ii) providing for a person to receive services in an approved mental health service or from the Secretary to the Department of Health; or (b) making another order under this Act— (i) that a person be placed in custody in an approved mental health service; or (ii) that a person otherwise receive treatment or services in an approved mental health service or from the Secretary to the Department of Health.". s. 29 -- 39 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 36 (2) For section 47(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(3) If there are no facilities or services available, the certificate may contain any other options that either the Secretary to the Department of Human Services or the Secretary to the Department of Health considers appropriate for the court to consider in making the proposed order.". (3) In section 47(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Secretary" insert "to the Department of Human Services or the Secretary to the Department of Health". (4) In section 47(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Secretary" insert "to the Department of Human Services or the Secretary to the Department of Health". 30 What are the surrounds? (1) In section 52 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or a residential service" (wherever occurring) substitute ", a residential treatment facility or a residential institution". (2) In section 52(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or residential service" substitute ", residential treatment facility or residential institution". 31 Appeals regarding extended leave (1) In section 57B(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "extended leave" (where first occurring) insert "to a forensic resident". s. 30 -- 40 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 37 (2) After section 57B(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert— "(2A) The Secretary to the Department of Health may appeal to the Court of Appeal against a grant of extended leave to a forensic patient if he or she considers that— (a) extended leave should not have been granted; and (b) an appeal should be brought in the public interest.". (3) In section 57B(3C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services," insert "the Secretary to the Department of Health,". 32 Appeals regarding revocation of extended leave (1) In section 58A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "extended leave" (where first occurring) insert "granted to a forensic resident". (2) After section 58A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert— "(2A) The Secretary to the Department of Health may appeal to the Court of Appeal against a refusal to revoke extended leave granted to a forensic patient if he or she considers that— (a) extended leave should have been revoked; and (b) an appeal should be brought in the public interest.". s. 32 -- 41 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 38 (3) In section 58A(3C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "Human Services," insert "the Secretary to the Department of Health,". 33 Review of persons transferred to Victoria (1) For section 73F(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) Within 6 months after a person has been transferred to Victoria under section 73E, the relevant Secretary must apply to the Supreme Court for a review.". (2) After section 73F(7) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert— "(8) In this section relevant Secretary means— (a) in the case of a person deemed to be a forensic patient or a forensic patient, the Secretary to the Department of Health; or (b) in the case of a person deemed to be a forensic resident or a forensic resident, the Secretary to the Department of Human Services.". 34 Warrant to arrest person who absconds to Victoria In section 73J(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 for "Secretary (where first occurring) substitute "Secretary to the Department of Human Services or the Secretary to the Department of Health". s. 33 -- 42 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 39 35 Review of interim disposition order (1) For section 73L(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 substitute— "(1) Within 7 days after an interim disposition order has been made in respect of a person, the relevant Secretary must apply to the Supreme Court for a review.". (2) After section 73L(7) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert— "(8) In this section relevant Secretary means— (a) in the case of a person detained in an approved mental health facility, the Secretary to the Department of Health; or (b) in the case of a person detained in a residential treatment facility or residential institution, the Secretary to the Department of Human Services.". 36 New clause 13 inserted in Schedule 3 After clause 12 of Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert— "13 Transitional provision—Health and Human Services Legislation Amendment Bill 2010 Any act matter or thing of a continuing nature that was done by or in relation to, or any proceeding brought by or against, the Secretary to the Department of Human Services before the commencement of Division 1 of Part 5 of the Health and Human Services Legislation Amendment Act 2010 is to be taken to be done by or in s. 35 -- 43 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 40 relation to, and may be brought by or against, the Secretary to the Department of Health after that commencement if the act matter or thing or proceeding relates to— (a) a forensic patient; or (b) an approved mental health service.". Division 2—Amendment of the Environment Protection Act 1970 37 New definition inserted In section 4(1) of the Environment Protection Act 1970 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". 38 Works approval In section 19B of the Environment Protection Act 1970, for "Human Services" (wherever occurring) substitute "Health". 39 Licensing of certain premises In section 20(8) of the Environment Protection Act 1970, for "Human Services" (wherever occurring) substitute "Health". 40 Amendment of licence In section 20A of the Environment Protection Act 1970, for "Human Services" (wherever occurring) substitute "Health". See: Act No. 8056. Reprint No. 17 as at 7 May 2009 and amending Act No. 68/2009. LawToday: www. legislation. vic.gov.au s. 37 -- 44 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 41 41 Orders to public authorities etc. to curtail services etc. In section 28(2) of the Environment Protection Act 1970, for "Human Services" substitute "Health". 42 New section 73 inserted After section 72 of the Environment Protection Act 1970 insert— "73 Transitional provisions—Health and Human Services Legislation Amendment Act 2010 (1) Any report submitted by the Secretary to the Department of Human Services under section 20A before the commencement day is taken in respect of any period on or after the commencement day to have been submitted by the Secretary to the Department of Health. (2) Any recommendation made by the Secretary to the Department of Human Services under section 28 before the commencement day is taken in respect of any period on or after the commencement day to have been made by the Secretary to the Department of Health. (3) In this section commencement day means the date of commencement of Division 2 of Part 5 of the Health and Human Services Legislation Amendment Act 2010.". Division 3—Amendment of other Acts 43 Amendment of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (1) In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert the following definition— s. 41 -- 45 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 42 "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) For section 63(4)(b) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute— "(b) to the Secretary to the Department of Health (or a person nominated by the Secretary to the Department of Health for the purposes of this paragraph) in prescribed circumstances; or". 44 Amendment of the Alcoholics and Drug-dependent Persons Act 1968 (1) In section 3(1) of the Alcoholics and Drug- dependent Persons Act 1968, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 3(2) of the Alcoholics and Drug- dependent Persons Act 1968, for "Human Services" substitute "Health". 45 Amendment of the Ambulance Services Act 1986 (1) In section 3(1) of the Ambulance Services Act 1986, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 3(2) of the Ambulance Services Act 1986, for "Human Services" substitute "Health". (3) In section 10(2) of the Ambulance Services Act 1986, for "Human Services" substitute "Health". s. 44 -- 46 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 43 46 Amendment of the Assisted Reproductive Treatment Act 2008 In section 3 of the Assisted Reproductive Treatment Act 2008, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". 47 Amendment of the Births, Deaths and Marriages Registration Act 1996 (1) In section 4(1) of the Births, Deaths and Marriages Registration Act 1996 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 21 of the Births, Deaths and Marriages Registration Act 1996, for "Human Services" substitute "Health". 48 Amendment of the Building Act 1993 (1) In section 3(1) of the Building Act 1993 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 221ZZZS of the Building Act 1993, for "Human Services" substitute "Health". s. 46 -- 47 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 44 49 Amendment of the Cancer Act 1958 (1) In section 3(1) of the Cancer Act 1958, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health.". (2) In section 3(2) of the Cancer Act 1958, for "Human Services" substitute "Health". 50 Amendment of the Cemeteries and Crematoria Act 2003 (1) In section 3(1) of the Cemeteries and Crematoria Act 2003, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 3(2) of the Cemeteries and Crematoria Act 2003, for "Human Services" substitute "Health". (3) In section 45(3)(b) of the Cemeteries and Crematoria Act 2003, for "Human Services" substitute "Health". 51 Amendment of the Coroners Act 2008 In section 3(1) of the Coroners Act 2008— (a) in paragraph (d) of the definition of person placed in custody or care, after "Human Services" insert "or the Secretary to the Department of Health;"; (b) insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration s. 49 -- 48 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 45 Act 2004) of the Department of Health;". 52 Amendment of the Corrections Act 1986 (1) In section 3(1) of the Corrections Act 1986 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 16(2) of the Corrections Act 1986, for "Human Services" substitute "Health". 53 Amendment of the Country Fire Authority Act 1958 Section 35 of the Country Fire Authority Act 1958 is repealed. 54 Amendment of the County Court Act 1958 (1) In section 3(1) of the County Court Act 1958 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 28A of the County Court Act 1958, for "Human Services" substitute "Health". 55 Amendment of the Dairy Act 2000 (1) In section 3 of Dairy Act 2000 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 6(g) of the Dairy Act 2000 for "Human Services" substitute "Health". s. 52 -- 49 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 46 56 Amendment of the Food Act 1984 (1) In section 4(1) of the Food Act 1984— (a) in the definition of Department for "Human Services" substitute "Health"; (b) for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;". (2) In section 4(1A) of the Food Act 1984, for "Human Services" substitute "Health". 57 Amendment of the Health (Fluoridation) Act 1973 (1) In section 2(1) of the Health (Fluoridation) Act 1973, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 2(2) of the Health (Fluoridation) Act 1973, for "Human Services" substitute "Health". 58 Amendment of the Health Services Act 1988 In section 3(1) of the Health Services Act 1988— (a) in the definition of Department for "Human Services" substitute "Health"; (b) for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;". s. 56 -- 50 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 47 59 Amendment of the Health Services (Conciliation and Review) Act 1987 (1) In section 3(1) of the Health Services (Conciliation and Review) Act 1987— (a) in the definition of health service, for "Human Services" (wherever occurring) substitute "Health"; (b) in paragraph (b) of the definition of provider, for "Human Services" substitute "Health"; (c) in paragraph (d) of the definition of provider, after "Secretary" insert "to the Department of Health"; (d) in paragraph (e) of the definition of provider, after "Secretary" insert "to the Department of Health"; (e) insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) For section 3(4) of the Health Services (Conciliation and Review) Act 1987 substitute— "(4) If under the Public Administration Act 2004 the name of the Department of Health is changed, a reference in the definitions of health service, provider and Secretary to the Department of Health in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.". s. 59 -- 51 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 48 60 Amendment of the Human Services (Complex Needs) Act 2009 In section 3 of the Human Services (Complex Needs) Act 2009, in the definition of Department for "Human Services" substitute "Health". 61 Amendment of the International Transfer of Prisoners (Victoria) Act 1998 (1) In section 3(1) of the International Transfer of Prisoners (Victoria) Act 1998 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 4(3)(b) of the International Transfer of Prisoners (Victoria) Act 1998, for "Human Services" substitute "Health". 62 Amendment of the Juries Act 2000 (1) In section 3(1) of the Juries Act 2000 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) For paragraph (h) of item 1 of Schedule 2 to the Juries Act 2000 substitute— "(h) the Secretary to the Department of Justice, the Secretary to the Department of Human Services or the Secretary to the Department of Health;". s. 60 -- 52 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 49 63 Amendment of the Magistrates' Court Act 1989 (1) In section 3(1) of the Magistrates' Court Act 1989 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) After section 4Q(2)(c) of the Magistrates' Court Act 1989 insert— "(ca) the Secretary to the Department of Health; or". 64 Amendment of the Meat Industry Act 1993 (1) In section 3(1) of the Meat Industry Act 1993 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 44(ga) of the Meat Industry Act 1993, for "Human Services" substitute "Health". 65 Amendment of the Metropolitan Fire Brigades Act 1958 Section 65 of the Metropolitan Fire Brigades Act 1958 is repealed. 66 Amendment of the Non-Emergency Patient Transport Act 2003 In section 3 of the Non-Emergency Patient Transport Act 2003, in the definition of Department for "Human Services" substitute "Health". s. 63 -- 53 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 50 67 Amendment of the Radiation Act 2005 In section 3(1) of the Radiation Act 2005— (a) in the definition of Department, for "Human Services" substitute "Health"; (b) for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;". 68 Amendment of the Road Safety Act 1986 (1) In section 3(1) of the Road Safety Act 1986— (a) in the definition of accredited agency, for "within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008" substitute "to the Department of Health"; (b) in the definition of accredited driver education program, for "within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008" substitute "to the Department of Health"; (c) insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 49A of the Road Safety Act 1986, for "Human Services" (wherever occurring) substitute "Health". s. 67 -- 54 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 51 69 New section 103ZB inserted in Road Safety Act 1986 Before section 104 of the Road Safety Act 1986 insert— "103ZB Transitional provision—Health and Human Services Legislation Amendment Act 2010 An approval granted by the Secretary to the Department of Human Services under section 49A and existing immediately before the commencement of section 69 of the Health and Human Services Legislation Amendment Act 2010 is taken in respect of any period after that commencement to have been granted by the Secretary to the Department of Health.". 70 Amendment of the Safe Drinking Water Act 2003 (1) In section 1(2)(f) of the Safe Drinking Water Act 2003, for "Human Services" substitute "Health". (2) In section 3 of the Safe Drinking Water Act 2003, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". 71 Amendment of the Sentencing Act 1991 (1) In section 3(1) of the Sentencing Act 1991 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". s. 69 -- 55 of 58 -- Part 5—Consequential and Other Amendments Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 52 (2) In section 18I(1) of the Sentencing Act 1991, for "within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008" substitute "to the Department of Health, the Secretary to the Department of Human Services". (3) In section 99E of the Sentencing Act 1991, for "Human Services" (wherever occurring) substitute "Health". 72 Amendment of the Summary Offences Act 1966 (1) In section 30 of the Summary Offences Act 1966, for "Human Services" (wherever occurring) substitute "Health". (2) In section 56(1) of the Summary Offences Act 1966, for "Human Services" substitute "Health". 73 Amendment of the Tobacco Act 1987 In section 3 of the Tobacco Act 1987, for the definition of Secretary substitute— "Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". 74 Amendment of the Water Industry Act 1994 (1) In section 3(1) of the Water Industry Act 1994 insert the following definition— "Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;". (2) In section 65(1)(a) of the Water Industry Act 1994, for "Human Services" substitute "Health". __________________ s. 72 -- 56 of 58 -- Part 6—Repeal Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 53 PART 6—REPEAL 75 Repeal of Act This Act is repealed on 1 December 2011. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 75 -- 57 of 58 -- Health and Human Services Legislation Amendment Act 2010 No. 29 of 2010 54 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 March 2010 Legislative Council: 6 May 2010 The long title for the Bill for this Act was "A Bill for an Act to amend the Public Health and Wellbeing Act 2008, the Disability Act 2006, the Children, Youth and Families Act 2005 and other Acts and for other purposes." Endnotes -- 58 of 58 --