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TREASURY LEGISLATION AND OTHER ACTS AMENDMENT BILL 2014
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12 June 2014
Statement of Compatibility
RICH-PHILLIPS
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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