Notable 2017 Acts Passed in Victoria

Friday 19 January 2018 @ 10.20 a.m. | Legal Research

2017 saw a number of legislative reforms in Australia. In Victoria, 69 Acts were enacted. These Acts included important pieces of legislation in particular areas such as: assisted dying; medically supervised injecting centres; climate change; Native Title; environmental protection; and puppy farms.

Voluntary Assisted Dying

Of great significance for Victoria was the passage and introduction of the Voluntary Assisted Dying Act 2017. This Act is the first in Australia to allow for assisted dying. 

The legislation providing for assisted dying contains a number of regulatory provisions which aim to ensure the physical, psychological and sociological safety of the potential patients of voluntary assisted dying as well as safeguards for the doctors implementing the procedures. Of particular importance is the establishment of the Voluntary Assisted Dying Review Board, whose purpose is to ensure that the standards prescribed by the legislation are upheld.

Climate Change

The Climate Change Act 2017, introduced in the first half of 2017, marks Victoria’s commitment to the international agreement “to hold the global average temperature increase to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-industrial levels” (preamble).  The Act therefore replaces the Climate Change Act 2010, aiming to ensure that Victoria’s commitment to reducing greenhouse gas emissions and keeping climate change to a minimum is met.

Medically Supervised Injecting Rooms

While not the first jurisdiction in Australia to introduce a medically supervised injecting centre, the Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2017 was introduced to help reduce the number of drug related illnesses and deaths in Victoria. The Act amends the “Drugs, Poisons and Controlled Substances Act 1981 to provide for the licensing, for a trial period and at a single specified site, of the operation of a single medically supervised injecting centre for certain kinds of drugs of dependence.”

Aboriginal Australians

One significant piece of legislation regarding Aboriginal Australians in 2017 is the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017. This Act is significant in that it “recognises the intrinsic connection of the traditional owners to the Yarra River and its Country and further recognises them as the custodians of the land and waterway which they call Birrarung” (preamble). Of additional importance is the inclusion of the Woi-wurrung language in the Act, particularly the title (Wilip-gin Birrarung murron meaning “keep the Birrarung alive”), something which has never been seen in an Act of Parliament in Australia before (see the end of this article for the excerpt of the Woi-wurrung language contained in the preamble of the Act).

Woi-wurrung Language Excerpt

Woiwurrungbaluk ba Birrarung wanganyinu biikpil

Yarrayarrapil, manyi biik ba Birrarung, ganbu marram-nganyinu

Manyi Birrarung murrondjak, durrung ba murrup warrongguny, ngargunin twarnpil

Birrarungwa nhanbu wilamnganyinu

Nhanbu ngarn.ganhanganyinu manyi Birrarung

Bunjil munggany biik, wurru-wurru, warriny ba yaluk, ba ngargunin twarn

Biiku kuliny munggany Bunjil

Waa marrnakith-nganyin

Balliyang, barnumbinyu Bundjilal, banyu bagurrk munggany

Ngarn.gunganyinu nhanbu

nyilam biik, nyilam kuliny – balit biik, balit kuliny: balitmanhanganyin manyi biik ba Birrarung. Balitmanhanganyin durrungu ba murrupu,

ba nhanbu murrondjak!

We, the Woi-wurrung, the First People, and the Birrarung, belong to this Country. This Country, and the Birrarung are part of us.

The Birrarung is alive, has a heart, a spirit and is part of our Dreaming. We have lived with and known the Birrarung since the beginning. We will always know the Birrarung.

Bunjil, the great Eagle, the creator spirit, made the land, the sky, the sea, the rivers, flora and fauna, the lore. He made Kulin from the earth. Bunjil gave Waa, the crow, the responsibility of Protector. Bunjil's brother, Palliyang, the Bat, created Bagarook, women, from the water.

Since our beginning it has been known that we have an obligation to keep the Birrarung alive and healthy—for all generations to come.

Other Legislation

The above legislation are merely a small selection of the Acts introduced by the Victorian Government in 2017. Other significant Acts are the:

  • Wrongs Amendment (Organisational Child Abuse) Act 2017
    • Created to impose a “duty of care that forms part of a cause of action in negligence on organisations exercising care, supervision or authority over children to prevent the physical abuse or sexual abuse of those children committed by individuals associated with those organisations” (s 1(a))
  • Creative Victoria Act 2017
    • Increasing recognition and regulation of the Arts in Victoria
  • Heritage Act 2017
    • Re-enacting the Heritage Act 1995, to increase recognition of the cultural heritage of Victoria
  • Environment Protection Act 2017
    • Providing for the continuance and regulation of the Environment Protection Authority
  • Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017
    • Providing for the regulation and enforcement of conditions surrounding the breeding and sale of animals in Victoria

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Sources:

Voluntary Assisted Dying Bill 2017: available on Timebase's LawOne service.

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017: available on Timebase's LawOne service.

Climate Change Act 2017: available on Timebase's LawOne service.

Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2017: available on Timebase's LawOne service.

Wrongs Amendment (Organisational Child Abuse) Act 2017: available on Timebase's LawOne service.

Creative Victoria Act 2017: available on Timebase's LawOne service.

Heritage Act 2017: available on Timebase's LawOne service.

Environment Protection Act 2017: available on Timebase's LawOne service.

Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017: available on Timebase's LawOne service.

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