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12 March 1991 - Current

 
TREASURY LEGISLATION AND OTHER ACTS AMENDMENT BILL 2014
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12 June 2014
COUNCIL Statement of Compatibility RICH-PHILLIPS
            TREASURY LEGISLATION AND OTHER ACTS AMENDMENT BILL 2014
                           Statement of compatibility
Hon. G. K. RICH-PHILLIPS (Assistant  Treasurer)  tabled  following  statement in
accordance with Charter of Human Rights and Responsibilities Act 2006:
  In   accordance  with  section  28   of  the  Charter   of  Human  Rights  and
  Responsibilities  Act  2006  (charter  act),   I   make   this   statement  of
  compatibility  with  respect  to  the  Treasury  Legislation  and  Other  Acts
  Amendment Bill 2014.
  In my opinion, the Treasury Legislation and Other Acts Amendment Bill 2014, as
  introduced  to the Legislative  Council, is compatible  with  the human rights
  protected by the charter act.

  I base my opinion on the reasons outlined in this statement.
  Overview of bill
  The Treasury Legislation and Other Acts Amendment Bill 2014 is an omnibus bill
  that amends:
    the Emergency Services Superannuation Act 1986 (ESSA) to require ESSSuper to
    comply with any prudential standard approved by the Governor in Council;
    the State  Superannuation Act 1988  (SSA) and the Parliamentary Salaries and
    Superannuation Act 1968  (PSSA) to allow  former  members of  public  sector
    superannuation  funds to commute  a pension to meet  a commonwealth taxation
    liability;

    the Workplace Injury Rehabilitation and  Compensation  Act  2013 (WIRCA) and
    the Accident Compensation Act  1985 (ACA) to improve the operation of  those
    acts;


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the Victorian Managed Insurance Authority Act 1996 (VMIA act) to enable the board of the VMIA to delegate to a holder of a named office of the authority, rather than to a named person who is the holder of that office; the VMIA act to clarify the board's power to delegate to the chief executive officer (or any other person or persons) to appoint or engage other officers and employees and to set the terms and conditions of appointment or engagement; and certain acts to update the operation of indexation provisions in or under those acts. Human rights issues 1. Human rights protected by the charter act that are relevant to the bill The bill does not raise any human rights issues. The amendments to the ESSA formalise the existing prudential supervision regime of ESSSuper. The amendments to the SSA and the PSSA allow members of those schemes to better manage the payment of taxation liabilities relating to superannuation benefits. And finally, the amendments to the VMIA act, the WIRCA and the ACA improve the operation of those acts. 2. Consideration of reasonable limitations -- section 7(2) As the bill does not raise any human rights issues, it does not limit any human rights and therefore it is not necessary to consider section 7(2) of the charter act. Conclusion I consider that the bill is compatible with the charter act. The Hon. Gordon Rich-Phillips, MLC Assistant Treasurer