PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Tuesday, 26 November 2013 (Extract from book 16)

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AC, QC The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC The ministry (from 22 April 2013)

Premier, Minister for Regional Cities and Minister for Racing ...... The Hon. D. V. Napthine, MP

Deputy Premier, Minister for State Development, and Minister for Regional and Rural Development ...... The Hon. P. J. Ryan, MP

Treasurer ...... The Hon. M. A. O’Brien, MP

Minister for Innovation, Services and Small Business, Minister for Tourism and Major Events, and Minister for Employment and Trade .. The Hon. Louise Asher, MP

Attorney-General, Minister for Finance and Minister for Industrial Relations ...... The Hon. R. W. Clark, MP

Minister for Health and Minister for Ageing ...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs .... The Hon. H. F. Delahunty, MP

Minister for Education ...... The Hon. M. F. Dixon, MP

Minister for Planning ...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession ...... The Hon. P. R. Hall, MLC

Minister for Ports, Minister for Major Projects and Minister for Manufacturing ...... The Hon. D. J. Hodgett, MP

Minister for Multicultural Affairs and Citizenship, and Minister for Energy and Resources ...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development ...... The Hon. W. A. Lovell, MLC

Minister for Public Transport and Minister for Roads ...... The Hon. T. W. Mulder, MP

Minister for Liquor and Gaming Regulation, Minister for Corrections and Minister for Crime Prevention ...... The Hon. E. J. O’Donohue, MLC

Minister for Local Government and Minister for Aboriginal Affairs ...... The Hon. E. J. Powell, MP

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry ...... The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth Affairs ...... The Hon. R. Smith, MP

Minister for the Arts, Minister for Women’s Affairs and Minister for Consumer Affairs ...... The Hon. H. Victoria, MP

Minister for Agriculture and Food Security, and Minister for Water ...... The Hon. P. L. Walsh, MP

Minister for Police and Emergency Services, and Minister for Bushfire Response ...... The Hon. K. A. Wells, MP

Minister for Mental Health, Minister for Community Services, and Minister for Disability Services and Reform ...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary ...... Mr N. Wakeling, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr Hodgett, Mr Morris, Mr Nardella, Mr O’Brien, Mr Pandazopoulos and Mr Walsh. Standing Orders Committee — The Speaker, Ms Allan, Ms Asher, Ms Barker, Mrs Fyffe, Mr Hodgett, Ms Kairouz and Mrs Powell.

Joint committees

Accountability and Oversight Committee — (Assembly): Ms Kanis, Mr McIntosh and Ms Neville. (Council): Mr O’Brien and Mr P. Davis. Dispute Resolution Committee — (Assembly): Ms Allan, Ms Asher, Mr Clark, Ms Hennessy, Mr Merlino, Mr O’Brien and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Economic Development, Infrastructure and Outer Suburban/Interface Services Committee — (Assembly): Mr Burgess, Mrs Fyffe, Mr McGuire and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Brooks and Mr Crisp. (Council): Mr Elasmar and Mrs Kronberg. Electoral Matters Committee — (Assembly): Mr Northe. (Council): Mr Finn, Mrs Peulich, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote, Ms Crozier and Mr O’Brien. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Mr Burgess, Ms Campbell, Mrs Fyffe, Ms Thomson and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Independent Broad-based Anti-corruption Commission Committee — (Assembly): Ms Hennessy, Mr McIntosh, Mr Newton-Brown and Mr Weller. (Council): Mr Viney. Law Reform, Drugs and Crime Prevention Committee — (Assembly): Mr Carroll, Mr McCurdy and Mr Southwick. (Council): Mr Ramsay and Mr Scheffer. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris, Mr Pakula and Mr Scott. (Council): Mr O’Brien and Mr Ondarchie. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Barker, Ms Campbell, Mr Gidley, Mr Nardella, Dr Sykes and Mr Watt. (Council): Mr Dalla-Riva.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Mr Angus, Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Gidley, Mr Languiller, Mr McCurdy, Mr McIntosh, Ms McLeish, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Ms Ryall, Dr Sykes, Mr Thompson and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. D. V. NAPTHINE (from 6 March 2013) The Hon. E. N. BAILLIEU (to 6 March 2013) Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. J. A. MERLINO

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Lim, Mr Muy Hong Clayton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McCurdy, Mr Timothy Logan Murray Valley Nats Asher, Ms Louise Brighton LP McGuire, Mr Frank 6 Broadmeadows ALP Baillieu, Mr Edward Norman Hawthorn LP McIntosh, Mr Andrew John Kew LP Barker, Ms Ann Patricia Oakleigh ALP McLeish, Ms Lucinda Gaye Seymour LP Battin, Mr Bradley William Gembrook LP Madden, Mr Justin Mark Essendon ALP Bauer, Mrs Donna Jane Carrum LP Merlino, Mr James Anthony Monbulk ALP Beattie, Ms Elizabeth Jean Yuroke ALP Miller, Ms Elizabeth Eileen Bentleigh LP Blackwood, Mr Gary John Narracan LP Morris, Mr David Charles Mornington LP Brooks, Mr Colin William Bundoora ALP Mulder, Mr Terence Wynn Polwarth LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Napthine, Dr Denis Vincent South-West Coast LP Bull, Mr Timothy Owen Gippsland East Nats Nardella, Mr Donato Antonio Melton ALP Burgess, Mr Neale Ronald Hastings LP Neville, Ms Lisa Mary Bellarine ALP Campbell, Ms Christine Mary Pascoe Vale ALP Newton-Brown, Mr Clement Arundel Prahran LP Carbines, Mr Anthony Richard Ivanhoe ALP Noonan, Mr Wade Mathew Williamstown ALP Carroll, Mr Benjamin Alan 2 Niddrie ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pakula, Mr Martin Philip 7 Lyndhurst ALP D’Ambrosio, Ms Liliana Mill Park ALP Pallas, Mr Timothy Hugh Tarneit ALP Delahunty, Mr Hugh Francis Lowan Nats Pandazopoulos, Mr John Dandenong ALP Dixon, Mr Martin Francis Nepean LP Perera, Mr Jude Cranbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Pike, Ms Bronwyn Jane 8 Melbourne ALP Duncan, Ms Joanne Therese Macedon ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Edwards, Ms Janice Maree Bendigo West ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Eren, Mr John Hamdi Lara ALP Ryall, Ms Deanne Sharon Mitcham LP Foley, Mr Martin Peter Albert Park ALP Ryan, Mr Peter Julian Gippsland South Nats Fyffe, Mrs Christine Ann Evelyn LP Scott, Mr Robin David Preston ALP Garrett, Ms Jane Furneaux Brunswick ALP Shaw, Mr Geoffrey Page 9 Frankston Ind Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Kenneth Maurice Bass LP Graley, Ms Judith Ann Narre Warren South ALP Smith, Mr Ryan Warrandyte LP Green, Ms Danielle Louise Yan Yean ALP Southwick, Mr David James Caulfield LP Halfpenny, Ms Bronwyn Thomastown ALP Sykes, Dr William Everett Benalla Nats Helper, Mr Jochen Ripon ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Hennessy, Ms Jill Altona ALP Thomson, Ms Marsha Rose Footscray ALP Herbert, Mr Steven Ralph Eltham ALP Tilley, Mr William John Benambra LP Hodgett, Mr David John Kilsyth LP Trezise, Mr Ian Douglas Geelong ALP Holding, Mr Timothy James 3 Lyndhurst ALP Victoria, Ms Heidi Bayswater LP Howard, Mr Geoffrey Kemp Ballarat East ALP Wakeling, Mr Nicholas Ferntree Gully LP Hulls, Mr Rob Justin 4 Niddrie ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hutchins, Ms Natalie Maree Sykes Keilor ALP Watt, Mr Graham Travis Burwood LP Kairouz, Ms Marlene Kororoit ALP Weller, Mr Paul Rodney Nats Kanis, Ms Jennifer 5 Melbourne ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP

1 Resigned 21 December 2010 6 Elected 19 February 2011 2 Elected 24 March 2012 7 Elected 27 April 2013 3 Resigned 18 February 2013 8 Resigned 7 May 2012 4 Resigned 27 January 2012 9 LP until 6 March 2013 5 Elected 21 July 2012

CONTENTS

TUESDAY, 26 NOVEMBER 2013 Remembrance Day ...... 4124 Healesville freeway reservation ...... 4124 DISTINGUISHED VISITORS ...... 4095 Albert Park master plan ...... 4124 PERSONAL EXPLANATION William Wilberforce Foundation ...... 4124 Minister for Local Government ...... 4095 Hampton girl guides ...... 4125 QUESTIONS WITHOUT NOTICE Multicultural Express ...... 4125 Family violence ...... 4097, 4108 Beaumaris RSL ...... 4125 Speaker ...... 4108, 4109, 4110, 4111, 4112 City of Kingston community cabinet ...... 4125 Employment and investment initiatives ...... 4109, 4110 Jason Bird ...... 4125 School funding ...... 4111 Mildura Development Corporation Innovation Regional and rural roads and bridges ...... 4112 Awards ...... 4125 Northern Mallee leaders ...... 4125 NAMING AND SUSPENSION OF MEMBER Murray Valley Citrus Board ...... 4125 Member for Bendigo East ...... 4107 Port to Port Cycling Tour ...... 4125 Member for Monbulk ...... 4107 School suspension and expulsion procedures ...... 4126 LOCAL GOVERNMENT AMENDMENT Australian Labor Party transport plan ...... 4126 (PERFORMANCE REPORTING AND ACCOUNTABILITY) BILL 2013 Montmorency South Primary School ...... 4126 Introduction and first reading...... 4114 TRANSPORT (COMPLIANCE AND MISCELLANEOUS) AMENDMENT (ON-THE-SPOT BUSINESS OF THE HOUSE PENALTY FARES) BILL 2013 Notices of motion ...... 4114 Second reading ...... 4127 Program ...... 4117 EDUCATION AND TRAINING REFORM PETITIONS AMENDMENT (DUAL SECTOR UNIVERSITIES) Aged-care facilities privatisation ...... 4114 BILL 2013 Lynbrook railway station ...... 4115 Second reading ...... 4136 Health practitioner abortion referral ...... 4115 PARKS AND CROWN LAND LEGISLATION East–west link ...... 4115 AMENDMENT BILL 2013 Panton Hill Preschool ...... 4115 Second reading ...... 4144 SCRUTINY OF ACTS AND REGULATIONS ADJOURNMENT COMMITTEE City of Maribyrnong planning ...... 4153 Alert Digest No. 16 ...... 4116 Gravity Zone ...... 4153 COUNTY COURT OF VICTORIA Hanover Street, Oakleigh, bridge upgrade ...... 4154 Report 2012–13 ...... 4116 Australian International Optimist Dinghy SUPREME COURT OF VICTORIA Association championships ...... 4155 Report 2012–13 ...... 4116 Victoria Police bands ...... 4155 DOCUMENTS ...... 4116 Mildura electorate family violence ...... 4156 Questions on notice responses ...... 4156 ROYAL ASSENT ...... 4117 Piping Hot Surfing Festival ...... 4157 MEMBERS STATEMENTS Bunjilwarra Koori Youth Alcohol and Drug Film industry support ...... 4119 Healing Service ...... 4158 Ukrainian Holodomor commemoration ...... 4120 Camberwell Primary School ...... 4158 Melbourne Ring Cycle ...... 4120 Responses ...... 4159 City of Wyndham roads ...... 4120 Weary Dunlop You’ve Got What It Takes Award .... 4121 Hobsons Bay men’s shed ...... 4121 Point Cook Relay for Life...... 4121 City of Greater Geelong mayor ...... 4121 Bellbrae Country Fire Authority brigade ...... 4122 Romsey secondary school ...... 4122 Michaelean O’Donnell ...... 4122 Shmuel Ben-Shmuel ...... 4122 Mirabel Foundation ...... 4122 Fire Action Week ...... 4122 Dr Peter Phelps comments ...... 4123 Glengarry Country Fire Authority brigade ...... 4123 Asbestos Council of Victoria/Gippsland Asbestos Related Disease Support Inc...... 4123 Dandenong Country Fire Authority station ...... 4123 Burwood Heights Primary School...... 4124 Parkmore Primary School ...... 4124

PERSONAL EXPLANATION

Tuesday, 26 November 2013 ASSEMBLY 4095

Tuesday, 26 November 2013 Ms Allan — I will get to it if government members would stop being so touchy about this matter. The SPEAKER (Hon. Ken Smith) took the chair at 2.04 p.m. and read the prayer. Speaker, I would also like to draw your attention to the fact that the opposition has circulated a notice of motion DISTINGUISHED VISITORS calling for the resolution of this deadlock and proposing that a vote of no confidence in your position be put and The SPEAKER — Order! I welcome to the that the Deputy Speaker be put in the Speaker’s chair. Parliament Mr Michael Polley, who is the Speaker of the Parliament of Tasmania, and Mr Peter Alcock, who Speaker, have you had the opportunity to reflect on this is the Clerk of the House of Assembly of the Parliament very serious and grave matter where you do not of Tasmania. We welcome you to the Parliament of command the majority of support of the house? Your Victoria. position relies on you having that confidence of the house. It is has been very clear that you do not have that PERSONAL EXPLANATION support, and we would appreciate your explanation as to why you continue to occupy the Speaker’s chair. Minister for Local Government Ms Asher — On the point of order, Speaker, I refer Mrs POWELL (Minister for Local Government) — to Rulings from the Chair 1920–2013 dated June 2013, I wish to make a personal explanation. In the house on page 149, which states that points of order are not an Wednesday, 13 November 2013, during question time, opportunity to ask the Speaker a question. This is a I said that I became aware of Keith Fagg’s resignation ruling from Speaker Maddigan, and it states: when there were reports of it in the papers and that he Taking a point of order is not an opportunity to ask the saw me to let me know he intended to resign. I also said Speaker a specific question, instead the guidelines for asking I would check my diary, check my records and come the Speaker a question should be adhered to. back to the house to give a specific response. I have referred to my diary, and I now wish to advise the I refer to page 159 of Speakers rulings, which are in house that the meeting I had with Mr Fagg was after his fact the guidelines that Speaker Maddigan referred to. I resignation as mayor and not before. quote again from Speaker Maddigan’s ruling:

The Premier met with Mr Fagg on Wednesday, Following the practice stated in May (23rd edition, page 344), questions dealing with matters within the jurisdiction of the 14 August, at which time Mr Fagg advised the Premier Speaker should be addressed to the Speaker by private notice. of his intention to resign. The Premier advised me of Questions to the Speaker, whether on or without notice, are the outcome of that meeting after it happened. On the not permitted. morning of Thursday, 15 August, my office advised me there were media reports speculating Mr Fagg might Speaker, I put it to you that the point of order is not in resign. Mr Fagg resigned on Friday, 16 August 2013, order because it concluded with a question to you and, and Mr Stephen Griffin, the CEO of the City of Greater as stated at page 159, questions are not able to be posed Geelong, advised me of this by email, including as an to you. attachment a copy of Mr Fagg’s letter of resignation. The SPEAKER — Order! I am not in a position Mr Fagg did not inform me of his intention to resign as where questions can be asked of me, so I do not uphold mayor before he resigned. the point of order.

QUESTIONS WITHOUT NOTICE Ms Allan — With respect, if we could have a ruling on the point of order, because it does go to — — Ms Allan — On a point of order, Speaker, during the last sitting week it was made pretty clear — and that An honourable member interjected. has been reinforced through many media comments since then — that you no longer have the confidence Ms Allan — No, he referred to the fact that it was and the support of a majority of members in this place. about a question. It was not a question; it was a point of During the last sitting week you three times suspended order to you, Speaker. The Leader of the House, in her the Parliament, obviously indicating that you did not auditioning for the Speaker’s role, may want to put a feel you had the confidence of members of Parliament different spin on things. However, Speaker, there is a to continue in that role. significant weight of history that sits behind this issue, and that issue is that you do not have the support of the Honourable members interjecting. majority of members of Parliament. The issue is that

QUESTIONS WITHOUT NOTICE

4096 ASSEMBLY Tuesday, 26 November 2013

you cannot occupy the Speaker’s chair without having a this Parliament by the now Labor opposition when it majority of members supporting you in that role. Your was in government. For the reasons that have been very position is untenable — an admission you yourself clearly explained by the Leader of the House, having made last sitting week by suspending the Parliament on regard to Rulings from the Chair 1920–2013, as has three occasions. been cited to you, there is no point of order. The simple fact is that the standing orders control the manner in The SPEAKER — Order! No. which debates in this house occur.

Ms Allan — You indeed took your bat and ball and This is not a debating society where gratuitous went home because you knew you did not have the interpretations can be made by the opposition about support of the majority of members of Parliament. The matters that may or may not have been said in the first thing we do as a Parliament is elect the position of course of the last sitting week. We are obliged as a Speaker. You are elected with the support of the Parliament to function under the standing orders, and majority of members, and we ask you to indicate to the pursuant to those standing orders and having regard to house on what basis you feel you occupy the position of previous decisions made from the chair, as cited by the Speaker. Leader of the House, there is clearly no point of order.

Mr Clark — On the point of order, Speaker, the Mr Merlino — On the point of order, Speaker, the point of order is not in order for exactly the same fact is that you do not have the support of the majority reasons as given by the Leader of the House in relation of MPs in this chamber. You do not have the authority to the previous point of order. It is not in order for the to sit in that chair. The Labor opposition does not honourable member to put to you the sorts of matters recognise your authority. You do not hold majority she has sought to by way of a point of order. It is support. You know you do not hold majority support, simply not an appropriate opportunity to interrupt the because you suspended Parliament three times last business of the house. It is completely in order and sitting week. To sit there mute when it is clear to indeed appropriate that you rule the point of order out everyone in this chamber that you do not have majority of order so the house can resume its appointed business support is untenable. Speaker, you owe it to this of questions without notice. Parliament and to the people of Victoria to respond to the point of order raised by the member for Bendigo Mr Andrews — On the point of order, Speaker, I East. think it is important that each of us as members of Parliament and those who look to the proceedings of Mr Burgess — On the point of order, Speaker, over this chamber are entitled to a response from you. I put it literally centuries the Westminster system has had laws to you that all Victorians are entitled to a response from and procedures to protect small majority governments you in relation to the fact that you have clearly lost a from mischievous oppositions. In their very own words, majority of support on the floor of this chamber. To opposition members were unable to bring about a occupy that chair and to exercise the considerable process to test your superiority here, so what they did authority afforded to the occupant of that chair without was try to bring it up during a debate on the a majority of support on the floor of this chamber flies government business program, but they were unable to in the face of convention, custom, practice and the rules do so. On that basis they are trying very hard to bring of this house, not to mention, as the member for this up but are unable to, and this is the very procedure Bendigo East outlined, the considerable weight of they are trying to deny. history. Ms Hennessy — On the point of order, Speaker, the I do not think hiding behind procedure accords with Leader of the House made reference to Rulings from denying the fact that you do not have a majority of the Chair 1920–2013 with respect to the grounds upon support on the floor, yet you are intending to continue which the opposition may raise this point of order, to occupy that office. We are entitled to hear from you. including a direct question to you. On the page the If your view is that the opposition is not entitled to hear Leader of the House referred to there is also a ruling from you on this matter, I put it to you respectfully that from the Chair which identifies that where there is a the people of Victoria are entitled to know, without the genuine urgency, it is within the standing orders for a numbers, on what basis you occupy that chair. member to ask the Speaker a question. It is our contention that you do not have a majority of members Mr Ryan — On the point of order, Speaker, very in this chamber who support you holding the position clearly there is no point of order. This Parliament of Speaker. It would be incredibly antidemocratic to functions under standing orders that were introduced to have question time proceed in the absence of there

QUESTIONS WITHOUT NOTICE

Tuesday, 26 November 2013 ASSEMBLY 4097

being a majority of elected members supporting you. being a servant of this Parliament and not a servant of Upon that basis we ask that you outline the basis upon the Liberal Party — — which you hold the position of Speaker. The SPEAKER — Order! This is the same point of Mr O’Brien — On the point of order, Speaker, order I have ruled on, and I have overruled it. I do not when you were elected to that position unanimously by uphold the point of order. We are moving on to all members of this house, you were charged with the question time. If you do not want to take up the responsibility to uphold the standing orders of this opportunity to ask a question, I am going to call for one place, which were put in place by the previous from the government side. Parliament under the previous government. You are obliged to uphold those standing orders. You are also Family violence guided by the rulings of your predecessors, including a ruling of a former Labor speaker, Judy Maddigan. As Mr McINTOSH (Kew) — My question is to the the Leader of the House pointed out these rulings bind Minister for Community Services — — the conduct of behaviour in this house in relation to Honourable members interjecting. your position, Sir, as Speaker. I urge you to uphold the standing orders, to adhere to the precedent of Speaker The SPEAKER — Order! The house will come to Maddigan and to rule this frivolous and disruptive point order. I have given the opportunity twice to the of order out of order. opposition — three times in fact — to ask a question. I now call the member for Kew. Mr Pallas — On the point of order, it is quite apparent that your position in this place is untenable. Mr McINTOSH — My question is to the Minister Your silence demeans not only the office but also the for Community Services — — democratic process that is so fundamental to the Westminster system. We ask that you make a statement Honourable members interjecting. on the request that was made by the manager of opposition business. In so saying, I note that it is The SPEAKER — Order! I ask the member for critically important that this place recognises that in a Bendigo East to resume her seat. I have asked on two or democratic institution the power that resides in the three occasions for her to put her question. I have executive is effectively given by the numbers in this rejected the point of order that she raised. I have ruled it place, and you, Sir, do not hold those numbers. It is out of order, and I have now moved to the government. therefore apparent that this Parliament, at the very least, deserves a response. Mr McINTOSH — My question is to the Minister for Community Services. Can the minister inform the The SPEAKER — Order! I do not uphold the point house about the devastating effects of violence against of order. I call for questions. The member for Bendigo women in our community and how the coalition East on a question. government is addressing this very important issue?

Ms Allan — On a further point of order, Speaker, Honourable members interjecting. this matter could be resolved once and for all — — The SPEAKER — Order! The behaviour of the The SPEAKER — Order! What is your point of opposition is outrageous. I have already overruled the order? point of order. It was the same point of order and I have overruled that point of order. Ms Allan — I am attempting to make it, Speaker. Ms Allan interjected. The SPEAKER — Order! What is your point of order? The SPEAKER — Order! I am not here to argue with you. I called on the member for Kew, and he has Ms Allan — I am attempting to make it. asked his question. I now call the Minister for Community Services. The SPEAKER — Well, get on with it. Honourable members interjecting. Ms Allan — You would like me to get on with it? I will certainly get on with it. To resolve this matter once The SPEAKER — Order! I call the Minister for and for all, to allow the Parliament to determine the Community Services. confidence in your position, to make sure that you are

QUESTIONS WITHOUT NOTICE

4098 ASSEMBLY Tuesday, 26 November 2013

Honourable members interjecting. Ms Asher — On the point of order, Speaker, it is not provided for in the standing orders for the member for The SPEAKER — Order! The behaviour of Bendigo East to suddenly decide she would like to members of the opposition is outrageous. They are debate something on the notice paper. There is a clear throwing the traditions of Parliament out the window order in relation to standing orders. We are now in with their behaviour. I can only suggest to members of question time, and I suggest we proceed with question the opposition that everything is being recorded and the time, which is upholding the standing orders. public of Victoria will be able to see what their behaviour has been like for three years. Honourable members interjecting.

Ms WOOLDRIDGE (Minister for Community The SPEAKER — Order! I do not uphold the point Services) — I thank the member for Kew for his of order. question and for his deep commitment to ending violence against women. Honourable members interjecting.

Honourable members interjecting. Ms Allan — On a further point of order, Speaker, it is clear that you do not have the support of a majority of The SPEAKER — Order! I gave the member for members of the house, which is why we do not respect Bendigo East — — the ruling that you have just made, and this will recognise that you do not occupy the position of Ms Allan interjected. Speaker with any authority or with any confidence, because if you did you would stop acting like a coward The SPEAKER — Order! and put the numbers to the test. You would put your Ms Allan interjected. bias to one side. You would put your disrespect for the opposition to one side. You would put your Liberal The SPEAKER — Order! What is your point of Party affiliation to one side and recognise that you do order? not have the support of the majority of members.

Ms Allan — My point of order is that there is a It is a very simple matter, Speaker. You have been motion of no confidence that sits in my name on the tainted by what happened last week; your own actions notice paper, no. 353, and we would like to bring it on. in shutting the Parliament down were an absolute We suggest that this matter could be easily resolved if disgrace. Those actions diminished the office of there were a suspension of the standing orders to test Speaker, and this matter could be quite easily resolved the confidence of the house in your numbers. Clearly if you chose not to be a coward and to put the principles last sitting week, rather than test the numbers you shut of the Parliament first. We ask you to put that to the the Parliament down, recognising that the history of test, rather than have this situation continue. your biased rulings have led us to this point. Your preference to be a servant of the Liberal Party rather Honourable members interjecting. than a servant of the Parliament, which should be your Ms Allan — No. I have not; I am happy to continue. role, has led us to this situation. Speaker, it is absolutely clear that the tactic you have It is not the opposition’s fault that you have lost control cooked up with the government is that you would of this Parliament; your own behaviour has led us to prefer to see the Parliament descend into farce rather this situation. We ask that you allow this motion to test than test your authority. It is absolutely clear from the numbers rather than have this situation continue. media reports that show that you do not have the The situation is in your own hands, Speaker. You could support of the majority of members. The Labor recognise the history of this matter; you could recognise members on this side know there is plenty of scurrying that Speakers in the past for many decades have going on in the Liberal Party. We know they are recognised that when they have lost the support of the scuttling between offices talking about your future, majority of the Parliament they have vacated the chair. Speaker. They have done the right thing by the office of Speaker. You might want to see this situation continue to The question is: will you act as a coward and hide descend into farce, but the Labor opposition is behind the office and the cloak of Speaker, rather than proposing a very sensible and practical way forward, address this important situation? which is to allow the suspension of standing orders to allow notice of motion 353 standing in my name to be put. That would resolve this matter once and for all. If

QUESTIONS WITHOUT NOTICE

Tuesday, 26 November 2013 ASSEMBLY 4099

you were prepared to stop being biased and stop being a Mr Clark — On the point of order, Speaker, it is coward, we could get this matter dealt with completely out of order for the opposition to continue immediately. That is what we ask from you, Speaker. to make its argument in this manner. The standing orders of the House of Representatives make it clear Mr Ryan — On the point of order, Speaker, this that the Speaker’s actions can only be criticised by point of order is completely out of order. This confected substantive motion and not by points of order, such as nonsense, with all these gratuitous observations and those currently being raised by the opposition. As the insults, is no more than that. The simple fact is there are Deputy Premier has made clear, to accept the course of standing orders which govern the way this Parliament conduct the opposition is urging upon you would itself operates. What the opposition is putting to you is be in breach of the standing orders. clearly outside those standing orders. Indeed, ironically, if you were to uphold the proposition which is being The longstanding practice of any deliberative institution put to you by the opposition, you would be in breach of is that the status quo prevails unless and until there has the very standing orders that it is within your direct been a substantive decision made to proceed in a province and responsibility to uphold. You would different direction. In particular, Speaker, I draw to clearly be in breach of them. your attention standing order 114, which says:

That is why as a matter of logic the proposition which A member may only interrupt another member while the manager of opposition business asked to be speaking to: advanced is sitting on the notice paper and is not the (1) Call attention to a point of order or privilege suddenly subject of debate simply because the standing orders do arising … not provide for that to occur. Also of note is that it was this Labor opposition, when in government, that In this instance the Minister for Community Services introduced the standing orders upon which this was on her feet attempting to answer an important Parliament now operates and upon which we all rely question about family violence from the member for and which you have the responsibility to interpret. If Kew. The minister was interrupted in defiance of the you were to undertake the course being adopted by the standing orders by the member for Bendigo East, who manager of opposition business, you would clearly be interrupted the minister in complete contempt for the in breach of this Parliament’s standing orders. This is manner and forms of this house. Accordingly, Speaker, out of order. you should rule that point of order out of order and allow the Minister for Community Services to resume Mr Andrews — On the point of order, Speaker, I answering the question she was properly and put it to you that there can be no more serious breach of appropriately asked. the rules of this house, or of the forms, customs and practices of this institution over centuries here and in Mr Nardella — On the point of order, Speaker, I other jurisdictions, than for the occupant of the support the point of order that has been put before you. Speaker’s chair to exercise the considerable authority I put it to you that the customs and practices of the vested in that office without being able to demonstrate Westminster system in regard to the position of Speaker that they have a majority of support on the floor of the have been developed over many centuries. As the Parliament. No rule book will give a minority the honourable member for Box Hill has put it, this is not majority. No precedent will give a minority the just a matter for the standing orders but one where the numbers it requires to exert the influence and authority confidence of the house and confidence in the Speaker of a majority — an authority and a legitimacy that is paramount. belongs only to those who can command a majority. I put it to you, Speaker, that on 27 February 1975 I put it to you, Speaker, that you do not command such Speaker James Cope in the House of Representatives a majority, and you are obligated, if you have even a named the Honourable Clyde Cameron, and that passing interest in upholding the standards of your motion was not supported by the government or the office and of this Parliament, to provide a full response members on the floor of the house. As a result, the to this house. If you are unwilling to do that, you at Honourable James Cope retired from the position of least owe all of us an opportunity to test your assertion Chair. He retired from the chair and resigned his that you can legitimately occupy the position of position because he had lost the confidence of the Speaker. To deny the opposition both of those majority of the people on the floor of the House of legitimate requests is to demonstrate for all to see that Representatives, and the Deputy Speaker assumed the your position is fundamentally untenable. chair in his place.

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4100 ASSEMBLY Tuesday, 26 November 2013

The government can talk about precedents, it can talk Mr Pallas — On the point of order, Speaker, it is about customs and it can talk about the decisions and quite obvious that you can no longer be referred to as the rulings from the Chair in this Parliament, but it is a ‘Honourable Speaker’. There is nothing honourable in unique situation that we find ourselves in and that you, your tenure of the office. This place depends on one Speaker, face personally today in terms of principle and one principle alone — that is, that the understanding that at this particular point in time — majority of the members of this place have confidence even though, as members on the other side of the house in your continued tenure of the position. have said, you were elected unanimously three years ago, and I acknowledge that — you no longer have the Your failure to even test that in this Parliament is a sign majority support of the house. of the arrogance with which this government and you, as a puppet for the government, have treated this It is incumbent on you to do one of two things because Parliament. Worse still, Sir, in effect the people of of the unique situation that this Parliament faces: either, Victoria are being consigned to sit back and watch the firstly, explain why you remain in the chair, and I am disintegration of this government, typified by your not suggesting that that is an easy position for you, continued desperate clinging to office, which is an Speaker, but I think it is an important position for you inappropriate distortion of the Westminster principles. to consider, and there has been some time for you to consider it; or secondly, resign from your position, You no longer have the confidence of the members of understanding that you were not able to control the this place. Any self-respecting member of Parliament or Parliament in the last parliamentary sitting week and anybody who actually believed in the principle of the had to suspend the sitting three times, that you have lost rule of law, which we get lectured on so often from that majority support in the Parliament and that the side of the Parliament, would understand that laws are government and you, Speaker, are not prepared to test made in this place and they are made essentially on the the numbers, in an immediate sense, for you to remain back of a modicum of goodwill between members of in your position. Parliament. Therefore it is critical that this place consigns and commits itself to a process where I put it to you sincerely, Speaker, that those are the two confidence in the government is tested where it is courses of action you have, and I seek your necessary to do so. consideration of and reply to the point of order made by the member for Bendigo East. More importantly, the business of this place cannot be prosecuted while ever you continue to occupy that Mr O’Brien — On the point of order, Speaker, the place. You are a biased Speaker without the support of Leader of the Opposition effectively invited you to the majority of this place, a Speaker who in an alliance throw the rule book out of the window. The Speaker is and in coordination with the government of the day bound by the standing orders of this Parliament; we are refuses to even test the numbers on this very basic all bound by the standing orders. They are the rules point. This is a travesty of democracy. adopted by this Parliament. We have seen how this government subverts and Honourable members interjecting. perverts the principle of democratic engagement in this place. We have seen this government turn around and The SPEAKER — Order! The house will come to subvert the prior question rule that has existed for order. This is outrageous behaviour. 400 years. We have seen this distorted, and you have been part and parcel of the slow but sure erosion of the Mr O’Brien — It is not open to you, Speaker, to do standing of this place. The opposition will not stand for what the opposition invites you to do. Effectively the it any longer. As elected representatives we will opposition has invited you to take the Dennis Denuto continue to stand up for the right of the people of defence that ‘It’s the vibe’. You are not bound by the Victoria to express a view about the adequacy of your vibe; you are bound by the standing orders of this management of this place and indeed your continued Parliament. The opposition needs to abide by the tenure in the position that you occupy. It would be a standing orders of this Parliament. The point of order great outrage to democracy, to the Westminster made is entirely out of order, and the fact that there principles, to this place and to the people of Victoria if might be a campaign of concerted disruption does not you did not commit the issues that are before you first mean that you, Speaker, are not obliged to uphold the to a statement and then to a vote of members in this standing orders. The point of order is clearly out of place. Sir, you are an embarrassment and you should order, and it should be ruled as such. resign immediately.

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Tuesday, 26 November 2013 ASSEMBLY 4101

Mr Burgess — On the point of order, Speaker, the challenging your authority to remain in the chair. Your house should be grateful to the member for Melton ongoing occupation of the chair is starting to resemble a because he outlined the actual position that applies to B-grade Third World dictatorship where you are this house — that is, that there are specified and refusing to uphold the rules, refusing to uphold the absolute ways that your authority can be tested. The standing orders, putting your Liberal Party hat on and opposition has been unable to raise those ways. Its putting your Liberal Party bias first rather than members are kicking and screaming and complaining addressing these very important matters. about everything else just to try and make their point, but the fact is they have been unable to bring about This situation is entirely in your hands, Speaker. May I those circumstances, and they do not like it. say it is entirely of the making of your hands given the way you have been biased, cowardly and rude over Ms Hennessy — On the point of order, Speaker, in three years now, making repeated slurs against the the course of contributions on this point of order, we opposition and attacking us repeatedly. Well may you have heard members make references to both the grasp for that book of standing orders, Speaker. It standing orders and the rule book. I draw your attention would be just about the first time you have read it. We to section 24 of the Constitution Act 1975, which sets see no evidence on this side that you will even pretend out the processes by which a Speaker may resign. It is to uphold the standing orders. the contention of the opposition that in the absence of your enjoying a majority of support from members in If you want to resolve this situation, Speaker, you can this house that it is not only the noble and honourable look at what previous Speakers have done. The member thing to do to resign but that in the absence of your for Melton has referred to what previous Speakers have doing so all activity in this house not only lacks moral done, which is the honourable thing. You can stop and political authority but also lacks democratic looking to the government for protection and guidance authority. In the absence of democratic authority there and start making your own mind up about these is absolutely no basis or legitimacy to any activity that matters. We know you have cooked this strategy up occurs under your rulings. We call upon you to do the behind closed doors with the government. We know honourable thing. you prefer to save your own skin rather than put what is important and what is right for the Parliament first. That The SPEAKER — Order! I do not uphold the point is why the opposition is so passionate about this. We of order. believe you should go. You may want to mock us, you may want to think it is a joke and you may want to Ms Allan — On a point of order, Speaker, I refer think you can sit us out — — you to Rulings from the Chair 1920–2013, June 2013. Honourable members interjecting. An honourable member interjected. Ms Allan — Members of The Nationals can carry Ms Allan — I am waiting for the Speaker to find the on as much as they like, but, Speaker, you are book. compromised, you are biased, you are cowardly and you are behaving in an appalling way. We ask you to The SPEAKER — Order! Which one are you simply put your numbers to the test. You can stop talking about? frowning at members in this Parliament. You can start Ms Allan — Page 46, and I am the member for behaving like a man with some real principles and Bendigo East, Speaker, not ‘you’. I refer to ‘Allegations some real standards. of interest’, where the Speaker continues in the chair Honourable members interjecting. unless challenged. It is clear from this ruling, Speaker, that you should be stepping down from the role because The SPEAKER — Order! Sit down. I am your authority is being challenged. A previous Speaker, suspending the house for 30 minutes. Speaker Michaelis, has made this ruling that the Speaker, having been elected by the house to preside Sitting suspended 2.48 p.m. until 3.24 p.m. and having always tried to be impartial and dispassionate — at least, Speaker, he tried — he would The SPEAKER — Order! Members should be continue in the chair until challenged and proposed to aware that while I have been the Speaker I have do so as long as members were satisfied. followed the laws of the Parliament to a T. I do not uphold the point of order. Speaker, members of this house are not satisfied that you have the support of this majority. We are Honourable members interjecting.

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4102 ASSEMBLY Tuesday, 26 November 2013

The SPEAKER — Order! There is no point of quite clearly admitted to this chamber that you have lost order. control.

Honourable members interjecting. The SPEAKER — Order! No, not at all.

Ms Allan — Actually, Speaker, I was part way Ms Allan — You do not have the numbers in the through a point of order when you suspended the house. Clearly you have gone into your chambers to proceedings, clearly in an admission of a failure to gain reflect on that matter and come back and chosen to put the support of the house — — yourself before the office of Speaker.

The SPEAKER — Order! No, not at all; it was The SPEAKER — Order! No, not at all. because of your bad behaviour and unparliamentary language. Ms Allan — That is not just a shame; it is a disgrace. It reflects poorly on the long history and Ms Allan — Speaker, you can continue to act in a tradition of the office of Speaker — —- non-speakerly way and abuse members of the opposition from the chair; it merely serves to illustrate The SPEAKER — Order! And your behaviour our point. You can laugh and make a mockery of the does not? office of Speaker and tell the Leader of the Opposition to shut up, as you have just done, but I can see the Ms Allan — I am sorry, Speaker? tactics that you are negotiating with the Premier. The The SPEAKER — Order! And your behaviour only reason you shut down proceedings was that you does not reflect on a long history? It is disgusting and got the nod from the Premier to shut things down. The disgraceful. only reason the house was suspended, Speaker, was because you looked across to your puppet-master and Ms Allan — Speaker, we will continue to pursue you got the nod — — this matter. You can call me ‘disgusting’, you can call me ‘disgraceful’, but that does not serve you well, The SPEAKER — Order! What is your point of Speaker — — order? The SPEAKER — Order! I said your behaviour Ms Allan — My point of order is quite simply — — was disgusting.

The SPEAKER — Order! What is the member for Mr Andrews interjected. Bendigo East’s point of order? The SPEAKER — Order! The Leader of the Ms Allan — Perhaps if you allowed me to continue, Opposition already has one person on the floor on their Speaker, without the constant — — feet. Let her have her go.

The SPEAKER — Order! Get on with it. Ms Allan — Speaker, the mere fact that you have Ms Allan — You would like me to get on with it? resorted to insults from the chair demonstrates — — Charming, Speaker! The point of order referred to Honourable members interjecting. Rulings from the Chair 1920–2013 and to a ruling from a previous Speaker in which he indicated he would The SPEAKER — Order! The matter you referred continue in the chair until challenged and proposed to to on page 46 of Rulings from the Chair actually refers do so as long as members were satisfied. It is the to allegations of interest. It is not in regard to the — — previous point we are still part way through, which is found at page 46 in chapter 6 of Rulings from the Ms Allan — Speaker, quite clearly your future is of Chair, for the benefit of government members who are greater interest to you than the interests of Parliament. more interested in saving their own skins than upholding the standards of the Parliament. The SPEAKER — Order! No, that has nothing to do with it. I do not uphold the member’s point of order. The SPEAKER — Order! Get on with your point I call the member for Mitcham on a point of order. of order. Honourable members interjecting. Ms Allan — Speaker, by suspending proceedings for the fourth time across two sitting days you have The SPEAKER — Order! There is a member on their feet with a point of order. I have ceased hearing

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Tuesday, 26 November 2013 ASSEMBLY 4103

the member for Bendigo East. I call the member for the chair to consider his position. We then had a Frankston. position when he came back — —

Mr Shaw — That is fantastic — silence for the first Ms Asher — There was a decent Leader of the time. This place needs to have a bit of dignity, Speaker, Opposition; that is the difference. and it is up to you to do it — and it has not happened. I have waited an hour and a half to say something only to Mr Nardella — Yes, that is correct. When he came see this rabble. Can you take back control of the house! back the then federal Leader of the Opposition, the Honourable Tony Abbott, moved a motion of The SPEAKER — Order! I would certainly like to confidence in the Speaker, and the Speaker remained in be able to. the position. Here that is not the case, Speaker. You have lost the confidence of the house; it is plain to see. Ms Ryall — On a point of order, Speaker, you are It is against the democratic principles of the Parliament applying the rulings and standing orders of the house. and of the position of Speaker. It is not bullying when The display that we have had from the opposition members talk about these things and place this situation would not be tolerated in any workplace and would be before the house. I again call on you to consider your seen as workplace bullying and harassment. Many position and resign from the Speaker’s position. members of the opposition are from unions, where the kind of bullying and harassment that has been Dr Napthine — On the point of order, Speaker, the undertaken would not be tolerated. previous speaker, the member for Melton, referred to the traditions and practices of the Westminster system We passed Brodie’s law in a bipartisan manner in this and this house. house, and I would expect that opposition members would show some respect for the Parliament, show Mr Merlino interjected. some respect for the conventions of the Parliament and consider the bullying and intimidatory practices that The SPEAKER — Order! That is enough from the every single one of them has displayed in this house. I member for Monbulk. ask you not to uphold the point of order. Dr Napthine — This house is built on the traditions Mr Nardella — On the point of order, Speaker, we and practices of the Westminster system and of this have just had a further demonstration of the fact that house itself. You, Speaker, were elected by this — — you have not got the numbers to retain majority support on the floor of this house. It is absolutely clear, Ms Campbell interjected. Speaker, that your position is untenable. We can The SPEAKER — Order! The member for Pascoe continue with this awful situation, where the Parliament Vale! is not functioning, where the government is not functioning and where question time has now been Dr Napthine — You were elected by this house, 1 delayed for over 1 ⁄2 hours, including for a suspension Speaker, and were elected unopposed. In the time you of more than half an hour. have been in the chair you have upheld the standing orders, the traditions and the rules of this house, despite I ask you to consider your position, because what I am enormous challenges. And you have shown putting to you, Speaker, is that this is not bullying. This considerable patience in dealing with the opposition, is about upholding the democratic traditions and particularly in the last two days of sitting when we have practices of the Westminster system. Democracy within seen the opposition take on a deliberate strategy of the Parliament is not something that should be disruption and disruptive tactics. discarded — and you and I have been in the same chamber, when I have sat both on the other side and We have seen the opposition carry out what is an here, since I have been in the Parliament. You organised political stunt. What the people of Victoria understand my position in terms of democracy: want elected members of Parliament to do is come here democracy is not a plaything and it is not a position that and debate legislation like adults — — should be discarded. Honourable members interjecting. As a further demonstration of this, we had a situation just two years ago where the Speaker in the federal The SPEAKER — Order! The house will come to House of Representatives lost the majority support of order. The Premier is on his feet. that house. That was Speaker Jenkins, and he then left Ms Allan interjected.

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4104 ASSEMBLY Tuesday, 26 November 2013

The SPEAKER — Order! The member for Every week, apparently, there is something the Premier Bendigo East — enough! has not seen in 25 years. Let me tell you something that he most definitely has not seen in 25 years — that is, Dr Napthine — The people of Victoria want their someone who does not have the numbers trying to cling elected representatives to come into this house and to his Speakership. The Premier has not seen that in debate the legislation, debate the issues of importance 25 years, nor has he seen the occupant of the Speaker’s to the people of Victoria and to behave like mature chair close down this chamber in order to protect adults. That is what they want. The people of Victoria himself. He has not seen that in 25 years, and if we want the leaders of political parties to show real were subjected to another 25 years he would not see it leadership; they do not want them to come in here with again. an orchestrated political stunt or to deliberately disrupt the Parliament. Speaker, I put it to you that your occupancy of that chair — your refusal to acknowledge that you have lost What we have seen today is an orchestrated series of the confidence of the majority of members of this points of order that have no substance and are contrary house — is completely and utterly untenable, and you to the standing orders. The Labor Party knows they are ought to reflect on that. I again make the point that the contrary to the standing orders because the Labor Party only option available to you is to go or, if you choose, and its senior members wrote the standing orders. to subject your authority to a vote of this house. There Members of the opposition know this is a stunt. They are no other alternatives, because those on the know this is political chicanery at its worst, and they opposition benches and at least one other member of know it is not what the people of Victoria want. What this Parliament, it would seem, are unwilling to accept the people of Victoria want is their elected politicians to your authority, and we are not required to accept your behave appropriately and to come into the house and authority, because you, Sir, have lost the support of the debate the real issues of importance to the people of majority on the floor of this house. You ought to go, Victoria. and you ought to go now.

On behalf of all Victorians, I challenge the Leader of Ms Asher — On the point of order, Speaker, I refer the Opposition and his senior shadow ministers to to point (6) on page 143 of Rulings from the Chair, behave like elected representatives in this Parliament, to which comes under the main principles of points of respect the standing orders of this Parliament, to come order, which states: in here and debate properly the issues of importance to the people of Victoria and to cease and desist from A member must not continue to repeat a point of order that these absolutely inane, inappropriate and childish seeks a ruling from the Chair where the Chair has already ruled on the member’s original point of order. political tactics. What we have seen today is the member for Bendigo Mr Andrews — On the point of order, Speaker, I East making the same point of order over and over put it to you and the Premier that when the Premier so again when you have already ruled on that point of completely and unquestioningly supports you he loses order, and yet again I encourage you to rule it out of the right to speak on behalf of all Victorians. In his order. presentation the Premier has shown very clearly that you are his Speaker — a servant of the Liberal Party Mr Merlino — On the point of order, Speaker, and not a servant of this Parliament. This is far from a page 46 of Rulings from the Chair says the Speaker game or a series of political games. replied that ‘he would continue in the chair until challenged’. Speaker, you are being challenged. You You can quote from the rule book, and you can even were challenged on the last sitting day; you are being stand on a pile of rule books, but the rule books will not challenged again. You do not have the support of the give you the majority you so obviously lack on the majority of people in this chamber. It was made floor of this chamber. The right thing for you to do is to apparent again just a moment ago, Speaker, that you do go. The only thing for you to do is to go. If the Premier not have majority support. There are two options open chooses to stick with you, it will be very clear that his to you. You can resign as Speaker, and the opposition priority is his own survival and not the survival of this has made it clear that it would support in your place the institution or the will of the majority of the members on election of the Deputy Speaker to the position of the floor of this house. Fancy quoting precedents! The Speaker of this Parliament. We want to see this only thing we did not get was the 25—year lecture. Parliament work, but it will not work whilst you are in that chair.

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Tuesday, 26 November 2013 ASSEMBLY 4105

The second option is that the government has the power with it. For 150 years these have been the rules that to put a motion of confidence in you. Just as the Leader apply in this place. A Speaker is elected, and as of the Opposition in the federal Parliament did, the happened in your case the Speaker was elected government has the power to move a motion of unanimously by the members of this house, and this confidence in the Speaker. Those are the two options house has continued to be conducted under your before us today. If you decline to go down either of stewardship over the succeeding three years. those two roads, then we will continue to pursue this point right through the day, into the night, tomorrow Yes, when you are in opposition — I know it well — and the day after. You need to go, Speaker. there are lots of days when you go home very unhappy. There are lots of days when the best argued points of Mr Ryan — On the point of order, Speaker, the first order somehow fail to find favour with the Speaker. and foremost option that falls to you is to uphold the You have just got to get used to it when you sit over standing orders of this Parliament. That is the first and there, because that is the way it is. That is the way it has foremost option. Given that you undertake that course, been for 150 years, and those opposite know that is the there are other options that do not arise at all. If you way it is. uphold the standing orders of this place, what that will say is that the point of order being raised by the So, Speaker, I put to you, Sir, respectfully of course, opposition is in fact out of order. To dismiss this that all this whingeing, whining and carping from the proposition about allegations of interest, as set out on current Labor opposition is no more than that. We saw page 46, there was the observation made in the ruling the best of this Parliament on the Wednesday of the last that the Speaker at the time ‘was implicated in the sitting week when those opposite were prepared as an matter before the Chair’. Obviously that was a matter opposition to join with us as a government and indeed pertinent to the particular circumstances of that with the Independent member to receive a report which particular issue, as opposed to the matters that are now was tabled in this place and which brought enormous the subject of this convoluted rubbish the opposition is credit to this Parliament and to the people of Victoria bringing before the Parliament today. and when the Leader of the Opposition, with due respect to him, spoke eloquently about the matters The basic fact is that when in government the Labor which were then under discussion, as did the Premier of Party, which is now in opposition, rewrote the standing this state. orders of this Parliament. This Parliament is obliged to operate under the terms of those standing orders. This is The Parliament of course functions perfectly well when not the village glee club, some corner debating society the Labor opposition is prepared to accept, as it or some school council meeting down at the local hall; should — as has been the custom and practice of the it is the Parliament of Victoria, the conduct of which is parliaments all through our system, as it should be — governed by the standing orders of the Parliament. that the rules set out in the standing orders are the rules by which this Parliament operates. That is what should Under the terms of the standing orders of the happen here, and if it does happen here, and if Parliament, although the member for Bendigo East has everybody who is here complies with those rules and moved a motion which sits on the notice paper, the very conducts themselves appropriately, respectfully and in reason it remains on the notice paper and has not been accordance with those standing orders, we can all get debated by the Parliament is that it is an item of general on with doing what the people of Victoria have elected business. It is not an item of government business. us to do — that is, to come here to debate the issues Accordingly, the simple fact is, Speaker, that were you which are important to them and which are so vital to to agree with the course which has been proposed to their way of life in this great state. you repeatedly by the opposition here today, you would patently and obviously be in breach of the very standing Mr Pakula — Further on the point of order, orders which this Labor Party, now in opposition, Speaker, listening to the Deputy Premier one would be brought to this Parliament. forgiven for believing that once you are elected Speaker it becomes a lifetime sinecure, whether you continue to The further fact, Speaker, is that opposition members command the numbers on the floor of the house or not. are concerned, so they say, about determinations which, That seems to be the position being put by the Deputy respectfully, have been made by you from time to time, Premier. Moreover, we have had government members to which I would simply say that I sat over there for talk about standing orders and the Westminster system 11 years and I listened to former Premier Brumby in as if they are somehow interchangeable. They are not. full flight on days when he would just about peel the The Westminster system relies not just on standing skin off your face, and the simple fact is you get on orders but on the conventions — conventions that have

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4106 ASSEMBLY Tuesday, 26 November 2013

been built up for centuries. The convention is that a For all of those reasons, I support the original call of the government that no longer commands a majority has to member for Mitcham that you take action against the go and a Speaker who no longer commands a majority thoroughly disreputable and contemptuous behaviour of has to go. That is the Westminster system; it is based members opposite who are refusing to do their duty to not simply on the standing orders but also on come to this house and act on behalf of the people of conventions built up over centuries. Victoria to fix the problems rather than to create problems. We have also heard from both the Premier and the Deputy Premier that what the people of Victoria want is The SPEAKER — Order! I do not uphold the point for this Parliament to get on with it, and they are right. of order. It is a tacit admission that this is no longer just a crisis of the Parliament; it is now a crisis for the government. Ms Allan — It was her point of order; it was your There is a legislative program with seven bills from the own person. You might want to support it. last sitting week and eight bills from this sitting week that cannot be debated. This is now a government in The SPEAKER — No, it wasn’t. paralysis due to your refusal to vacate the chair. Ms Allan — It was.

I say to the Premier, to the Deputy Premier and to you, The SPEAKER — Yours. I do not uphold the Speaker, if the government wants to get on with member for Bendigo East’s point of order. business the solution lies in the hands of the government, or it lies in your hands, Speaker. Either the Ms Allan — I say to the member for Mitcham, it is a Premier can indicate to you that you no longer have the shame that you lost that one. I move: support of the government or the Premier can agree to grant leave so the motion can be debated, or you can That this house expresses its lack of confidence in the step down in accordance with the Westminster occupant of the office of Speaker, the member for Bass. traditions and the conventions that government This motion is moved — — members claim to be upholding. Ms Asher — Leave is not granted. Mr Clark — On the point of order, Speaker, I support the point that was originally made by the Ms Allan — You can try to not grant leave, but it member for Mitcham about the behaviour of members has been proven that you do not have the numbers opposite. It was behaviour they would never have either in this place. We can test this matter once and for accepted in their workplaces they purported to represent all, Speaker, if you allow a division on this motion to when they were union officials; they should not be go ahead. The government does not have a majority on demonstrating that behaviour in the house. They are not the floor of this place. You do not have a majority on only in defiance of the standing orders of this house, the the floor of this place. Clearly you have indicated that practices of Westminster and the practices of the by shutting down Parliament today already, so let us commonwealth Parliament, but their behaviour has in put the matter to a vote. Let us simply test the numbers. short been an absolute disgrace. We have heard this afternoon lecture after lecture from members of the government about the standing orders. In terms of the arguments they make about your The simple matter with the standing orders — — position, Speaker, first of all there is no question in relation to your position before the Chair, but even The SPEAKER — Order! accepting the arguments that members of the opposition are putting, there would be an equality of views before Ms Allan — Speaker, if I can finish my point — — this house as to that question and the clear precedent when there is an equality of views is that the status quo The SPEAKER — Order! You have tried to remains. They are behaving like typical bullies who move — — cannot get their way in accordance with law and Ms Allan — No, I have not finished my point, practice and the rules and procedures of this house. Speaker. They therefore believe that by continual defiance of the law, defiance of Westminster tradition, defiance of the Questions interrupted. constitution and defiance of the standing orders they can exercise a power they do not have in order to bring about an outcome that they desire but for which they do not have the support of this house.

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Tuesday, 26 November 2013 ASSEMBLY 4107

NAMING AND SUSPENSION OF MEMBER Hennessy, Ms Trezise, Mr Herbert, Mr Wynne, Mr Member for Bendigo East The SPEAKER — Order! The result of the division is ayes 42, noes 42. As the motion reinforces the The SPEAKER — Order! You have finished your Speaker’s rights under standing orders to maintain point of order. I ask the member for Bendigo East to 1 order in the house, I cast my vote for the ayes. The remove herself from the chamber for 1 ⁄2 hours. member will remove herself from the chamber. Honourable members interjecting. Motion agreed to.

The SPEAKER — I name the member for Bendigo Mr Merlino — On a point of order, Speaker, today East. we have witnessed an unprecedented act of Ms ASHER (Minister for Innovation, Services and self-preservation. Today you used your casting vote to Small Business) — I move: remove a woman who is — —

That the member for Bendigo East be suspended from the NAMING AND SUSPENSION OF MEMBER service of the house for six sitting days. Member for Monbulk House divided on motion: The SPEAKER — Order! I name the member for Ayes, 42 Monbulk. Angus, Mr Morris, Mr Asher, Ms Mulder, Mr Ms ASHER (Minister for Innovation, Services and Baillieu, Mr Napthine, Dr Battin, Mr Newton-Brown, Mr Small Business) — I move: Bauer, Mrs Northe, Mr Blackwood, Mr O’Brien, Mr That the member for Monbulk be suspended from the service Bull, Mr Powell, Mrs of the house for six sitting days. Burgess, Mr Ryall, Ms Clark, Mr Ryan, Mr The SPEAKER — Order! I ask the member for Crisp, Mr Southwick, Mr Bendigo East to remove herself from the chamber. She Delahunty, Mr Sykes, Dr has been suspended from the chamber for six sitting Dixon, Mr Thompson, Mr days, and I am asking that she remove herself from the Fyffe, Mrs Tilley, Mr Gidley, Mr Victoria, Ms chamber. Hodgett, Mr Wakeling, Mr Katos, Mr Walsh, Mr Honourable member for Bendigo East withdrew Kotsiras, Mr Watt, Mr from chamber. McCurdy, Mr Weller, Mr McIntosh, Mr Wells, Mr House divided on motion: McLeish, Ms Wooldridge, Ms Miller, Ms Wreford, Ms Ayes, 42 Noes, 42 Angus, Mr Morris, Mr Asher, Ms Mulder, Mr Allan, Ms Howard, Mr Baillieu, Mr Napthine, Dr Andrews, Mr Hutchins, Ms Battin, Mr Newton-Brown, Mr Barker, Ms Kairouz, Ms Bauer, Mrs Northe, Mr Beattie, Ms Kanis, Ms Blackwood, Mr O’Brien, Mr Brooks, Mr Knight, Ms Bull, Mr Powell, Mrs Campbell, Ms Languiller, Mr Burgess, Mr Ryall, Ms Carbines, Mr Lim, Mr Clark, Mr Ryan, Mr Carroll, Mr McGuire, Mr Crisp, Mr Southwick, Mr D’Ambrosio, Ms Madden, Mr Delahunty, Mr Sykes, Dr Donnellan, Mr Merlino, Mr Dixon, Mr Thompson, Mr Duncan, Ms Nardella, Mr Fyffe, Mrs Tilley, Mr Edwards, Ms Neville, Ms Gidley, Mr Victoria, Ms Eren, Mr Noonan, Mr Hodgett, Mr Wakeling, Mr Foley, Mr Pakula, Mr Katos, Mr Walsh, Mr Garrett, Ms Pallas, Mr Kotsiras, Mr Watt, Mr Graley, Ms Pandazopoulos, Mr McCurdy, Mr Weller, Mr Green, Ms Perera, Mr McIntosh, Mr Wells, Mr Halfpenny, Ms Scott, Mr McLeish, Ms Wooldridge, Ms Helper, Mr Thomson, Ms Miller, Ms Wreford, Ms

QUESTIONS WITHOUT NOTICE

4108 ASSEMBLY Tuesday, 26 November 2013

Noes, 41 violence against women in our community and how the Andrews, Mr Hutchins, Ms coalition government is addressing this issue? Barker, Ms Kairouz, Ms Beattie, Ms Kanis, Ms Ms WOOLDRIDGE (Minister for Community Brooks, Mr Knight, Ms Services) — I thank the member for his question and Campbell, Ms Languiller, Mr Carbines, Mr Lim, Mr for his deep commitment to ending violence against Carroll, Mr McGuire, Mr women. Indeed I believe that commitment is true across D’Ambrosio, Ms Madden, Mr this house. I was pleased to gather today on the steps of Donnellan, Mr Merlino, Mr Parliament House with many members of Parliament to Duncan, Ms Nardella, Mr show our support for ending all violence against Edwards, Ms Neville, Ms Eren, Mr Noonan, Mr women. So too was I pleased to march alongside the Foley, Mr Pakula, Mr Premier and hundreds of other Victorians in the Walk Garrett, Ms Pallas, Mr against Family Violence yesterday. Graley, Ms Pandazopoulos, Mr Green, Ms Perera, Mr Too many women experience profound and sometimes Halfpenny, Ms Scott, Mr deadly ramifications of violence as a result of their Helper, Mr Thomson, Ms Hennessy, Ms Trezise, Mr gender. In 2012–13 there were 60 000 family incident Herbert, Mr Wynne, Mr reports, with two-thirds involving a woman as the Howard, Mr victim and a male as the perpetrator. Children were Motion agreed to. present 36 per cent of the time. Tragically last year 28 women died as a result of family violence. There is a The SPEAKER — Order! The member for strong and growing determination within the Victorian Monbulk has been suspended from the service of the community to end violence against women. house for six sitting days, and I ask that he remove himself from the chamber. We have witnessed a groundswell of support over the past year or so to condemn violence against women, Honourable member for Monbulk withdrew from and this has been reinforced in recent days with White chamber. Ribbon events right across the state and in fact the country. Working to prevent violence is key: by QUESTIONS WITHOUT NOTICE educating the community — men and women, young and old — to change attitudes and behaviours that Questions resumed. allow violence against women and children to continue. Speaker Earlier this year I was proud to join with my federal counterpart to launch the Foundation to Prevent Mr ANDREWS (Leader of the Opposition) — My Violence Against Women and their Children, a national question is to the Premier. I refer the Premier to his primary prevention organisation headquartered right comment on 774 ABC Melbourne, the Jon Faine here in Victoria. Headed by former Senator Natasha program, on 21 November, when he said, ‘I’ve got Stott Despoja, the new foundation will work with confidence in Ken Smith as Speaker’, and I ask: given government, businesses, organisations like the White the embarrassing and disgraceful performance we have Ribbon foundation, advocates and the broader just had to endure from a biased Speaker who will kick community to raise awareness, drive attitudinal change people out to secure his own position, on what basis and build an evidence base of what works to prevent does the Premier have confidence in the Speaker, the violence. member for Bass? The foundation is one of the key prevention initiatives Dr NAPTHINE (Premier) — The Speaker of the of the coalition government’s action plan to address house was elected unopposed by the house. The violence against women and children, which we Speaker has a responsibility to uphold the standing released last year. It is underpinned with an investment orders of the house, and he is doing that task. of more than $90 million per year, the largest ever government investment in this area. In areas of Family violence prevention we are working in a range of settings such as schools, health services, local government and Mr McINTOSH (Kew) — My question is to the sporting clubs, with the media and with a range of Minister for Community Services. Can the minister different groups, including our multicultural and inform the house about the devastating effect of Aboriginal communities. There is no more powerful

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Tuesday, 26 November 2013 ASSEMBLY 4109

voice than that of a woman herself, so we are training those discussions? That is absolutely a matter of and supporting survivors of violence to engage with the government business because the Premier is in all media and be spokespersons for media interviews and matters the leader of the government. public events. The SPEAKER — Order! I call on the Premier. This government has also introduced legislative change, with new offences and penalties for breaches of family Dr NAPTHINE (Premier) — I thank the Leader of violence intervention orders, including an indictable the Opposition for his question. As I said in my answer offence with a maximum penalty of five years to the previous question, the Speaker was elected imprisonment, and it has extended the operation of the unopposed by this Parliament to the position of family violence safety notices. We are also responding Speaker. I have had no discussions with the Speaker or to women and children who experience violence. We any other members about his future. are doing this by boosting family violence and sexual assault counselling services, case management services, Employment and investment initiatives sexual assault and child abuse investigation units and Ms RYALL (Mitcham) — My question is to the also our multidisciplinary centres. Premier. Can the Premier update the house on how the We have significantly increased investment in men’s Victorian government is supporting exciting new behaviour change programs, both voluntary and opportunities for jobs and investment in this state? court-directed, and we have introduced new initiatives Dr NAPTHINE (Premier) — I thank the targeting adolescents who are violent in their homes honourable member for Mitcham for her question. The towards their mothers and their siblings. These are just member will be pleased to hear that in October this year some of a range of many initiatives that the coalition the most recent Australian Bureau of Statistics figures government has implemented or is in the process of showed that 14 200 new jobs were created in Victoria. implementing under our action plan to address the That is the highest number of new jobs in any state or issues of violence against women and their children. territory across Australia. Indeed since the election of We are a government that is committed to eliminating the coalition government in late November 2010, violence against women and children. I believe, as does 73 100 new jobs have been created in Victoria. That is this house, this Parliament and the Victorian 73 000 more Victorians in employment since we were community, that violence against women is never elected to government. These jobs are right across the acceptable, and we are all collectively taking a stand in state. The most recent figures show that in the three relation to that. months to October 2013, 2300 new jobs were created in regional and rural Victoria, and 41 600 more people Speaker have been employed in regional and rural Victoria since we were elected to government. Mr ANDREWS (Leader of the Opposition) — My question is to the Premier in his capacity as the leader Last week there was more positive job news for of the government, and I ask: has the Premier discussed Victoria. I was at Swisse Wellness when it announced a the possible resignation of the Speaker, the member for great partnership with international pharmaceutical Bass, with any of his colleagues, and if so, with whom? giant PGT Healthcare to facilitate the massive global expansion of Swisse Wellness. This will provide Ms Asher — On a point of order, Speaker, I am not Swisse, which is a great Victorian company, access to sure that question relates to government business. It is a worldwide markets totalling $80 billion in the vitamin question about the Parliament, but I would put to you and supplement market. It provides a great opportunity that it is not a question on government administration. for Swisse Wellness and a great opportunity for Victorians. Mr Andrews — On the point of order, Speaker, the Premier’s discussions, the Premier’s views, the The immediate effect of this is that Swisse Wellness Premier’s positions on different matters and the way he will expand its headquarters in Collingwood from prosecutes his own agenda and that of the government 90 employees to 220 employees. That is a massive as the leader of the government are government increase in the number of jobs, and there is a very business. We are all entitled to know whether the strong prospect of more jobs becoming available in its Premier, as the leader of the government in our state, production area and head office in future. has been having discussions about your future, Sir. If he has been doing that, with whom has he been having That is not the only good news of last week. Last week the Minister for Innovation, Services and Small

QUESTIONS WITHOUT NOTICE

4110 ASSEMBLY Tuesday, 26 November 2013

Business opened a new Costco store at Ringwood. This economy and businesses that provide jobs for the is a $60 million investment, and it has created 350 jobs. future. We recognise the importance of ensuring that I am sure each and every one of the people employed at Victoria is truly open for business and an attractive Costco welcomes those job opportunities. That Costco place to invest. We are prosecuting that case not only store is located right next to Eastland. Earlier we locally but also in the international marketplace. announced a $575 million expansion of Eastland, which will create 1600 construction jobs and I was very pleased this morning to officially open the 1700 ongoing jobs. That expansion of Eastland is built first Muji store in Australia at Chadstone shopping on the back of a strategic decision taken by this centre. I did so in the company of Mr Masaaki Kanai, government to invest $66 million in the upgrade of the who is the global president of Muji. I am sure that Muji Ringwood station and the bus interchange. is known to all members of the house. This huge retail enterprise, which commenced in Japan in 1980 with This is about a government using strategic investments about 40 lines available for sale in its stores, has now to improve transport services that will lever other grown to a position of having some 630 stores across investments and job opportunities. We are seeing the world. Up until today those stores were in further investments in our retail sector, with Uniqlo, a 24 nations around the world. Today we are very proud great Japanese company, about to open its first to become the 25th nation in which Muji has chosen to Australian store in Melbourne next year and H&M, a establish its presence. Swedish international retailer, to open a 5000 square metre, full concept store in early 2014. Muji employs in excess of 5700 people globally. We take singular pride in its expansion to Victoria, and I am These decisions by international and local companies sure all members of the house share in that fact. We show a great deal of confidence in the Victorian have not only secured the first store Muji store in economy, and they provide great opportunities for Australia at Chadstone shopping centre, but we have creating real jobs for Victorians. This is about growing also secured Muji’s Australian headquarters in jobs and growing opportunities for Victorians on the Melbourne. Last night I dined with Mr Kanai and those back of good financial management and strategic who travelled to Australia with him. Mr Kanai made it decisions by a strong, decisive government. very clear that in Muji’s expansionary mode around the world over the course of the past few years it has never Speaker received assistance from a government like that which has been provided to it through the Department of State Mr ANDREWS (Leader of the Opposition) — My Development, Business and Innovation in Victoria. question is again to the Premier in his capacity as the leader of the government and the person who is We are very proud to have been able to assist through ultimately accountable for the conduct of his ministers. our department in securing Muji. I believe this is a great I ask: is it not a fact that earlier this day the Minister for indicator of the support shown for us not only from a Planning, Matthew Guy, from the other place, sought domestic point of view but also internationally. Up to but could not secure the resignation of the Speaker, the 40 jobs have been created as a result of this particular member for Bass? initiative. Very pleasingly Mr Kanai has indicated to me that at least another two stores will open in Victoria The SPEAKER — Order! I do not consider that a over the course of 2014, which will mean more question of government administration. employment and the growth of those opportunities.

Employment and investment initiatives I might say that a lot of this comes on the back of initiatives in which the government has been heavily Mr SOUTHWICK (Caulfield) — My question is to involved since 2010, including our international the Minister for State Development. Can the minister engagement strategy. Through the Department of State update the house on the coalition government’s work in Development, Business and Innovation, via trips led by attracting new international retail investment and the Premier, the Minister for Innovation, Services and creating more jobs for Victorian families? Small Business and others, we have been able to attract Mr RYAN (Minister for State Development) — I these sorts of interests to Australia and more thank the member for his very timely question. particularly to Victoria. Speaker, as you and the house know, the coalition This follows on top of many other job creation areas, government is taking full advantage of current and some of which the Premier just referred to. They future opportunities in our great state to build a more include 330 jobs at the retailer Zara, 350 jobs, as was productive and internationally competitive Victorian

QUESTIONS WITHOUT NOTICE

Tuesday, 26 November 2013 ASSEMBLY 4111

mentioned, at Costco and 230 jobs at Bunnings — and different question, but it was on this subject and the the list goes on. Over the past 12 months or so some Premier answered it. I would like him to add to that 2800 additional jobs have been created in retailing, with answer in terms of the question I put before him now. much of that led by the Minister for Innovation, Services and Small Business. We are intent on Mr O’Brien — On the point of order, Speaker, what continuing these job creation programs in Victoria, and pertains to government business is separate from that will be to the betterment of all of us who live in this everything the Premier might or might not do. What the great state. Premier has for breakfast does not pertain to government business. Government business is about the Speaker ministers who constitute the government and acts of Parliament for which the Premier has responsibility Mr ANDREWS (Leader of the Opposition) — My under the general administrative orders. Conversations question is to the Premier, and it follows an earlier that the Premier has about other matters that are outside answer provided by him. Can the Premier confirm that that sphere do not account for government policy and he has had no discussions about the Speaker’s future, government matters. I therefore urge you to uphold the which is the exact phrase the Premier used a moment point of order of the Leader of the House because if ago, with any members of his cabinet or coalition what the Premier says or does not say does not pertain parliamentary colleagues? Can the Premier confirm to government business, it should be ruled out of order. that, as he indicated in an earlier answer? Ms Hennessy — On the point of order, Speaker, the Ms Asher — On a point of order, Speaker, I renew Leader of the Opposition’s question was not about what my point of order by reference to Rulings from the the Premier had for breakfast — we know he is a Chair 1920–2013, June 2013 In the chapter on porridge man. The Leader of the Opposition’s question questions, which is on page 154, there are some went to — — guidelines. The paragraph reads as follows: Honourable members interjecting. After advising members that question time is in their hands and indicating that their adherence to the rules will allow Ms Hennessy — I stand corrected: it is apparently greater opportunities within the time limits, the Speaker Special K or perhaps muesli, or perhaps Froot Loops summarised the guidelines existing for questions and answers thereto as follows … might be appropriate. At point 2 it says — The SPEAKER — Order! Would the member like to get on with her point of order? The matter must relate to government administration or policy … Ms Hennessy — In any event, the Leader of the Opposition’s question was simply a question of I renew the point of order I made earlier that this is not clarification that arose from the Premier’s answer to a a matter of government administration. previous question that the Speaker ruled in order. I Mr ANDREWS — On the point of order, Speaker, know we have had a lot of indeterminate business and I also renew the point of order I raised earlier in debate today, Speaker, but this question is consistent response to the minister and Leader of the House when with the standing orders. It goes back to clarify the she last raised this point of order, in error, I would Premier’s previous answer, it is consistent with your submit to you. The last question was allowed. Indeed previous ruling and I request that you enable the the Premier, at your direction, — — question to stand and ask the Premier to answer it.

Ms Asher interjected. The SPEAKER — Order! I do not believe it is a question of government administration, and I rule it out Mr ANDREWS — No, that is not correct. The of order. Premier saw fit to answer it. The question I have just asked is in relation to an earlier answer — — School funding

Honourable members interjecting. Mr GIDLEY (Mount Waverley) — My question is to the Minister for Education. Can the minister advise Mr ANDREWS — The Leader of the House has the house — — renewed her point of order; I am renewing my point of order. Speaker, I put it to you that you have ruled this Mr Andrews — On a point of order, Speaker — — question in order. It was in a different form and it was a

QUESTIONS WITHOUT NOTICE

4112 ASSEMBLY Tuesday, 26 November 2013

The SPEAKER — Order! I have called the next the fact that we have needs-based funding and that we question. can and should control how that funding is committed to our schools. Incidentally, I welcome the new federal Mr Andrews — I have a point of order, Speaker. government’s commitment to fully remove all interference in educational matters in Victorian schools. The SPEAKER — Order! I ask the Leader of the Opposition to sit down; I have called the next question. We have provided a record budget to schools; the investment for next year is $5.1 billion, which means a Mr GIDLEY — I will start again, Speaker. My record amount is going to schools next year. That question is to the Minister for Education. Can the includes the 2.2 per cent non-wage indexation for all of minister advise the house how the Victorian those extra expenses in schools outside of wages. That government is providing a strong foundation for is actually the largest increase in 15 years. Further Victorian schools, teachers, students and their families? funding will still flow through, as we work with the Mr DIXON (Minister for Education) — I thank the various school sectors to fine tune the remainder of the member for Mount Waverley for his question and for funding for next year. his deep commitment to education in his electorate. As We look forward to the commonwealth actually the member knows, this government has spent record fulfilling its commitment. We made an agreement, we amounts of money on school education funding since it signed it with the federal government — not with a came to office. In fact if you look at this year’s budget political party — and we expect both sides of the and compare it to the last budget of the previous agreement to absolutely be recognised. government, you will find that we have spent an extra $541 million on school education. That is a massive We have much in common with the federal increase — $541 million — and it includes a government, but one thing I will never apologise for is $386 million commitment to vulnerable children, part standing up for Victorian education, Victorian schools of which has been spent on ensuring that 800 primary and the funding that is rightly ours. I hope that the schools now have welfare officers. meeting in Sydney of education ministers from around this country will be positive and constructive. As I said, We have made the single biggest capital injection into I make no apologies for standing up for students. We autistic and special schools. We are building new care about education, and we care about student schools in Tarneit, Point Cook, Doreen, Officer, learning in this state, and that is why we are absolutely Torquay, Melton, Truganina and Wyndham Vale. In determined to get the best possible funding outcome for fact we are building the first P–12 autism school in the Victorian students. western suburbs. We have also taken hundreds of student support officers out of the bureaucracy and put Speaker them into schools. Mr ANDREWS (Leader of the Opposition) — My Early in August the Premier signed an agreement with question is to the Premier. I refer the Premier to the the then Prime Minister to secure an extra $12.2 billion second question that I asked earlier this day in relation for education spending over six years. It was a great to conversations that he had or did not have about the agreement; of course members may remember that Speaker’s future. I refer him to his answer, and ask: Victoria was the last state jurisdiction that signed on. does the Premier stand by the answer he gave earlier as The reason we took so long to sign on was that we an accurate answer? needed to get the best possible deal for Victorian education, not only in terms of the amount of money — Dr NAPTHINE (Premier) — The question went to and $12.2 billion is a great amount of money over six the Speaker’s role, and I said that the Speaker was years — but we were not prepared to sign up with all elected with the full confidence of the whole house. the strings attached. We did not want the The Speaker has been implementing his role according commonwealth to take over education in this state, to the standing orders and the rules of the house. either in our local communities or in the classroom. Regional and rural roads and bridges The Australian Education Union and the opposition wanted us to sign up with all the strings attached. They Mr WELLER (Rodney) — My question is to the wanted school autonomy in Victoria to be wound back Minister for Roads. Can the minister update the house decades to centralist control in Canberra. That was not on how the Victorian government is building better going to happen. We stuck to our principles, and the roads and bridges for rural and regional communities, previous federal government recognised that, as well as and is he aware of any alternative policies?

QUESTIONS WITHOUT NOTICE

Tuesday, 26 November 2013 ASSEMBLY 4113

Mr MULDER (Minister for Roads) — I thank the In 2010 the Whelan report found that Victoria’s member for Rodney for his question. As we stand here 40 smallest councils were at risk because they could not at the moment there is something in the order of half a maintain their infrastructure and were unable to keep up billion dollars worth of road projects in regional with the backlog of work. It was the coalition Victoria currently under way. We have partnered with government that came to their assistance with the the federal government on some of those projects, but $160 million country roads and bridges program in more importantly, due to prudent financial management 2011. More than 40 bridges have been replaced or we are delivering a lot of those projects from our own rehabilitated and around 480 roads have been repaired balance sheet. The $505 million Western Highway or upgraded since 2011. duplication between Ballarat and Stawell is one example. What about the ringing endorsements last week at the regional and metropolitan mayors forum — the Speaker, you would be aware of the $66 million overwhelming support — for our country roads and Koo Wee Rup bypass, as I have stood there with you bridges program. In relation to the footbridge at watching those sand trucks go through Koo Wee Rup, Johnstone Street in Castlemaine, last week the Mount and you would understand how tough and hard it is on Alexander shire mayor, Michael Redden, said the the business community there and what a great additional funding would enable the council to bring difference it will make to the town when that bypass forward important road and bridge works that had been project is completed. identified in the council’s long-term capital works program. These projects would not be able to be There is $35 million to fix country level crossings, and undertaken without the coalition government’s support a number of those crossings are being upgraded as we of the 40 smaller rural councils. But there are plans to speak. If we look at the road toll in Victoria, we will see pull that apart. There are plans to rip the funding out of that in the past we had a terrible period of fatalities rural and regional roads. Members have only to look at around level crossings. We are dealing with that the transport plan launched last week by the opposition problem by upgrading many crossings from being to see that. passive level crossings to crossings having flashing lights and boom gates. There is the $28 million The SPEAKER — Order! The time for questions transport solutions program, working with councils and has concluded. transport operators to identify the bottlenecks on the road and rail networks and put in place measures to Ms Barker — On a point of order, Speaker, you improve productivity. will recall that on Thursday, 14 November, I raised a point of order in regard to the way in which a division There is $16 million for overtaking lanes on the Hyland on clause 1 of the Disability Amendment Bill 2013 Highway, the Strzelecki Highway and of course the during the consideration-in-detail stage was recorded in Melbourne-Lancefield Road, another great initiative in Daily Hansard of the previous day. At that stage the list terms of productivity that also provides great safety of ayes indicated that the member for Evelyn had voted, benefits to motorists. The member for Benambra would and as I raised with you, that was not the case. I be aware of the $8 million sealing and upgrade of the recognise that Hansard has now been altered so that the Omeo Highway, the oldest gazetted highway in ayes now include ‘Mr Smith, K.’ — that is you, Victoria, which is being delivered by the member for Speaker — as voting with the government in a Benambra for his community. member’s allocated place. You did not mention anything at the beginning of proceedings, when there There is $58 million this year for safer regional road could have perhaps been an explanation. infrastructure — shoulder strengthening and run-off road barriers. The Transport Accident Commission is I refer you to Rulings from the Chair 1920–2013 dated working hand in hand with VicRoads to deliver these June 2013, page 114, a ruling by Speaker Plowman life-saving enhancements that engineer black spots out under the heading ‘Correction of Hansard record’: of the road network. That is $102 million, with the bulk of that money going to regional Victoria because that is Following a member’s request of the Chair to examine whether another member’s speech had been improperly where we have the greatest problem in relation to the altered and whether the record should be amended, the road toll. Out of our $170 million commitment for the Speaker received a response from the Editor, Department of restoration of roads, this year around $50 million is the Victorian Parliamentary Debates (Hansard), stating that finding its way to regional Victoria in funding for the error alluded to was made by Hansard staff during the editing process and would be corrected so that the member’s regional road maintenance and repairs. words were as originally stated.

LOCAL GOVERNMENT AMENDMENT (PERFORMANCE REPORTING AND ACCOUNTABILITY) BILL 2013

4114 ASSEMBLY Tuesday, 26 November 2013

I recognise that the matter I raised was not about LOCAL GOVERNMENT AMENDMENT another member making a statement but about (PERFORMANCE REPORTING AND something in Hansard and the correction of Hansard. ACCOUNTABILITY) BILL 2013 The formal record of proceedings through Hansard is extremely important — in fact it is vital, because it is Introduction and first reading part of our Victorian history — and the accuracy of that record is very important. Mrs POWELL (Minister for Local Government) — I move: I seek an explanation to the house clarifying how the error occurred and how we might pay attention to this That I have leave to bring in a bill for an act to amend the Local Government Act 1989 to improve the performance in the future to make sure that that sort of error does not reporting and accountability of councils and for other occur again. It may be to do with the way in which we purposes. currently record the proceedings using a map of the house and where members have their allocated seats. It Mr WYNNE (Richmond) — I request that the may require a simple change in procedure. If the minister give a brief explanation of the bill. Speaker — the Presiding Officer — is going to vote on the floor of the house in another member’s allocated Mrs POWELL (Minister for Local Government) — place, we need to be clear how that voter is recorded This is a bill to amend the Local Government Act 1989 without anyone having to pick up that a mistake has to substantially strengthen the planning, reporting and been made. I simply want to protect Hansard and the accountability of local government in Victoria. history of Victoria. Motion agreed to. The SPEAKER — Order! It was a matter that was Read first time. looked into. We believe that there may have been a mistake made originally. When we raised the matter BUSINESS OF THE HOUSE with Hansard, the change was made to Hansard.

Ms Barker — On the point of order, Speaker, I Notices of motion realise we have had fairly a difficult and testing time in The DEPUTY SPEAKER — Order! Notices of the last couple of hours. You are saying that the error motion 5 to 45 will be removed from the notice paper was made by Hansard; you are reporting that to the unless members wishing their notice to remain advise chamber. I asked how the error occurred, and you have the Clerk in writing before 6.00 p.m. today. now reported to the chamber that Hansard made the error. However, I am also asking that we consider how PETITIONS this is done in future. Following petitions presented to house: I am aware that Speaker Plowman voted during consideration-in-detail stages in a previous Parliament, Aged-care facilities privatisation and you have done it in this Parliament, but it was not done in the last Parliament. The manner in which the To the Legislative Assembly of Victoria: votes and proceedings are recorded in Hansard is The petition of the following residents of Victoria, draws to absolutely vital to ensuring that our history as a the attention of the house that: Parliament is protected. As I said, it was not done in the last Parliament, and we need to know, if the Presiding 1. the Napthine Liberal government is moving to privatise Officer is recorded as voting in another member’s Victoria’s public sector residential aged-care facilities; allocated place, that that is a precedent that may be 2. despite an ageing population, the Baillieu-Napthine carried into future parliaments. government has closed public sector aged-care facilities in Ballarat, Castlemaine, Koroit, Kyneton, Melbourne The SPEAKER — Order! I am advised that the and Williamstown and privatised one facility in Votes and Proceedings of the Assembly — the official Rosebud; record of the Parliament — show the correct position 3. the 2012–13 Victorian state budget update foreshadows regarding that matter. cuts to public sector aged care of $25 million in 2014–15 and $50 million in 2015–16; Honourable members interjecting. 4. Mr Napthine’s plans to privatise aged care would The SPEAKER — Order! I will look at it and get a significantly remove choices for Victorian families. written answer that I can report back to the house.

PETITIONS

Tuesday, 26 November 2013 ASSEMBLY 4115

The petitioners therefore request that the Legislative East–west link Assembly of Victoria urgently call on the Napthine government to stop the privatisation or closure of these To the Legislative Assembly of Victoria: facilities. The petition of certain citizens of the state of Victoria draws By Mr BROOKS (Bundoora) (133 signatures). to the attention of the Legislative Assembly recent news regarding the Napthine Liberal government’s intention to Lynbrook railway station build an $8 billion tunnel. In particular we note that:

To the Legislative Assembly of Victoria: 1. the Napthine Liberal government is trampling on the rights and homes of local residents; The petition of certain citizens of the state of Victoria who use the Lynbrook railway station draws to the attention of the 2. the Premier has failed to present a business case for this house the need for an upgrade of the station, and for Aylmer tunnel which will do nothing to fix traffic congestion for Road to be connected between Lynbrook and Lyndhurst. most Victorian motorists; and

In particular we note: 3. the $8 billion tunnel will mean there is no funding available for other desperately needed transport with Lynbrook railway station — infrastructure.

1. the need for toilets to be installed; Petitioners therefore request that the Legislative Assembly call on the Napthine Liberal government to seek a mandate 2. safety with a manned station; from the people of Victoria before spending $8 billion of taxpayers money on this tunnel. 3. parking needs to be increased; By Mr WYNNE (Richmond) (80 signatures). with Aylmer Road completed —

1. it will give ease of access to shops, schools, the railway Panton Hill Preschool station and homes. To the Legislative Assembly of Victoria: The petitioners therefore request that the Legislative Assembly urge the state government to provide a funding This petition of certain citizens of the state of Victoria draws commitment for the Lynbrook railway station upgrade and to the attention of the house the need for increased funds for the completion of Aylmer Road. Panton Hill Preschool. In particular we note: By Mr PAKULA (Lyndhurst) (121 signatures). 1. the Panton Hill Preschool services many surrounding Health practitioner abortion referral rural communities in Nillumbik, some of which are still suffering the effects of the 2009 Victorian bushfires. The To the Legislative Assembly of Victoria: preschool is experiencing a major funding shortfall, which is placing its immediate future in jeopardy; The petition of the undersigned registered medical practitioners and registered nurses of Victoria draws to the 2. the Panton Hill Preschool committee of management has attention of the house our serious concern that Dr Mark urgently requested that the Department of Education and Hobart is being subjected to an investigation by the Australian Early Childhood Development reclassify the preschool Health Practitioner Regulation Agency (AHPRA) because he from ‘metropolitan’ to the higher funding category of chose not to refer a patient for an abortion. We believe that a ‘rural’; health practitioner is never obliged to refer in relation to an intervention that the practitioner believes is medically 3. the committee strongly believes that the preschool unnecessary or ethically unacceptable. should fit in criteria of ‘rural’, given that Panton Hill Primary School, located adjacent to the preschool, along We affirm the position statements of the Australian Medical with five other local state-funded schools, all receive the Association, the Australian Nursing Federation and the higher ‘rural’ level of funding; Australian Medical Council’s code of conduct with respect to conscientious objection. We endorse AMA Victoria’s support 4. without a funding increase, the preschool will possibly for legislation reform to ‘remove the requirement that a doctor close. with a conscientious objection must refer a patient seeking advice or treatment in relation to abortion to a doctor who The petitioners therefore request that the Legislative they know does not have a similar objection’. Assembly of Victoria urges the Minister for Children and Early Childhood Development to reclassify the Panton Hill The petitioners therefore request that the Legislative Preschool from ‘metropolitan’ to ‘rural’, which will allow it Assembly of Victoria amends clause 8 of the Victorian to remain financially viable. Abortion Law Reform Act (2008), as soon as possible, to remove any requirement that conscientious objectors (to By Ms GREEN (Yan Yean) (2441 signatures). abortion) must provide a referral. Tabled. By Ms CAMPBELL (Pascoe Vale) (254 signatures).

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4116 ASSEMBLY Tuesday, 26 November 2013

Ordered that petition presented by honourable Crown Land (Reserves) Act 1978: member for Richmond be considered next day on Order under s 17B granting a licence over Albert Park motion of Mr WYNNE (Richmond). Reserve Ordered that petition presented by honourable Orders under s 17D granting leases over: member for Pascoe Vale be considered next day on Albert Park Reserve motion of Ms CAMPBELL (Pascoe Vale). Kew Recreation Reserve Ordered that petition presented by honourable member for Yan Yean be considered next day on Education and Care Services National Law Act 2010 — Report 2012–13 of the Education and Care Services motion of Ms GREEN (Yan Yean). Ombudsman, National Education and Care Services Freedom of Information and Privacy Commissioners SCRUTINY OF ACTS AND REGULATIONS Financial Management Act 1994 — 2013–14 Quarterly COMMITTEE Financial Report for the State of Victoria for the period ended 30 September 2013 Alert Digest No. 16 Gambling Regulation Act 2003 — Amendment to Category 1 Ms CAMPBELL (Pascoe Vale) presented Alert Public Lottery Licence under s 5.3.19 Digest No. 16 of 2013 on: Independent Broad-based Anti-corruption Commission — Special report concerning certain operations in 2013 — Crimes Amendment (Investigation Powers) Bill Ordered to be printed 2013 Domestic Animals Amendment Bill 2013 Interpretation of Legislation Act 1984 — Notice under s 32(3)(a)(iii) in relation to Statutory Rule 131 (Gazette G45, Electricity Safety Amendment (Bushfire 7 November 2013) Mitigation) Bill 2013 Owners Corporations Amendment Bill 2013 Planning and Environment Act 1987: Travel Agents Repeal Bill 2013 Amendment C147 to the Brimbank Planning Scheme together with appendices. Amendment C170 to the Hume Planning Scheme

Tabled. Notices of approval of amendments to the following Planning Schemes:

Ordered to be printed. Ballarat — C154 COUNTY COURT OF VICTORIA Banyule — C92 Casey — C168 Report 2012–13 Frankston — C93 Mr CLARK (Attorney-General) presented report by command of the Governor. Gannawarra — C34 Golden Plains — C64 Tabled. Greater Dandenong — C169, C174, C175

SUPREME COURT OF VICTORIA Greater Geelong — C281

Report 2012–13 Knox — C95

Mr CLARK (Attorney-General) presented report Latrobe — C78 by command of the Governor. Melton — C150, C153

Tabled. Port Phillip — C96

DOCUMENTS Towong — C28 Wyndham — C191 Tabled by Clerk: Professional Standards Act 2003 — Professional Surveyors Auditor-General — Report on the Annual Financial Report of Occupational Association Scheme under s 14 (Gazette S396, the State of Victoria, 2012–13 — Ordered to be printed 11 November 2013)

ROYAL ASSENT

Tuesday, 26 November 2013 ASSEMBLY 4117

Statutory Rules under the following Acts: Owners Corporations Amendment Bill 2013

Public Health and Wellbeing Act 2008 — SR 137 Parks and Crown Land Legislation Amendment Bill 2013 Victims of Crime Assistance Act 1996 — SR 138 Transport (Compliance and Miscellaneous) Amendment Subordinate Legislation Act 1994 — Documents under s 15 (On-the-Spot Penalty Fares) Bill 2013. in relation to Statutory Rules 131, 137, 138 Victoria Police Bill 2013. Surveillance Devices Act 1999 — Report 2012–13 under s 30L I would just like to make a couple of comments about Taxi Services Commission — Report 2012–13 this program. Obviously members of the house will recall that there was no government business program Water Act 1989 — Abolition of the Avon Water Supply in the last sitting week, and the house managed to pass Protection Area, Denison Groundwater Supply Protection only one bill, although we got a significant way through Area and Tarra River Catchment Water Supply Protection Area (Surface Water) Order 2013. the Disability Amendment Bill 2013 — past the second reading and on to the consideration in detail, which had The following proclamations fixing operative dates been a specific request from the opposition. It would were tabled by the Clerk in accordance with an order of have had that request granted to it anyway if there had the house dated 8 February 2011: been a government business program, but obviously under the new regime that was the opposition’s right. Catchment and Land Protection Amendment Act 2013 — Whole Act — 18 November 2013 (Gazette S398, I have tried to present a government business program 12 November 2013) that reflects the government’s priorities in relation to Corrections Amendment (Parole Reform) Act 2013 — Whole some of its urgent bills but that does not punish, if you Act — 20 November 2013 (Gazette S409, 19 November like, the house for the failure to endorse a government 2013). business program last week. The program consists of eight bills, one of which has been extensively debated. ROYAL ASSENT Members will have their own opinion, but under the circumstances I think this is a reasonable program. In Message read advising royal assent on 19 November my time here I have seen far worse in a second-last to: sitting week. Courts and Other Justice Legislation For the benefit of the house I again indicate that the Amendment Bill 2013 Disability Amendment Bill has been extensively State Taxation and Financial Legislation debated, and the acting manager of opposition business Amendment Bill 2013 has requested a short period to finish off that Statute Law Revision Bill 2013 consideration in detail. I have said yes; the government Transport Accident Amendment Bill 2013. will allow that to occur on Thursday afternoon.

BUSINESS OF THE HOUSE The Domestic Animals Bill 2013 is a very important bill; many members would remember the attack on the Program child. This bill strengthens the regime for restricted breed dogs. It is the government’s response, which does Ms ASHER (Minister for Innovation, Services and need to go through the Parliament. Small Business) — I move: The Education and Training Reform Amendment (Dual That, under standing order 94(2), the orders of the day, government business, relating to the following bills be Sector Universities) Bill 2013 has a 1 January 2014 considered and completed by 4.00 p.m. on Thursday, date of operation in it. This will enable reporting 28 November 2013: requirements for TAFEs to be met. The Justice Legislation Amendment (Miscellaneous) Bill 2013 — Disability Amendment Bill 2013 and the Attorney-General is at the table — relates to a Domestic Animals Amendment Bill 2013 trial of banning notices for street prostitution which are due to sunset on 1 January 2014. The bill will make Education and Training Reform Amendment (Dual Sector Universities) Bill 2013 these notices permanent so it needs to be operative before 1 January 2014. Justice Legislation Amendment (Miscellaneous) Bill 2013

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We have the Owners Corporations Amendment Bill Finally and more fulsomely there is the Disability 2013 on the program. Again that is the government’s Amendment Bill 2013. The consideration-in-detail response to a Supreme Court decision which is stage of that bill is very important to the opposition. I impacting on a large number of owners corporations thank the Leader of the House for the undertakings she across Victoria. The government would like the has given in respect of the completion of the response to that Supreme Court decision to be operative consideration-in-detail process that was commenced in from the beginning of next year. the last sitting week. We look forward to being able to pursue a contribution during that stage. With those brief The Parks and Crown Land Legislation Amendment words I commend the government business program to Bill 2013 is a very important bill because there are the house. provisions in it that require the meeting of financial contractual obligations regarding the Bendigo Hospital. Mr TILLEY (Benambra) — I rise in support of the These have to be met on 1 January 2014 so this is a motion on the government business program. It is good particularly important bill to members representing to hear that the opposition supports the program. On Bendigo. Because of this date and various contractual that note we ground our political swords for the time requirements the bill also needs to pass this house and being on what we saw earlier in the day — it was a sad the upper house before the Parliament rises for the indictment of this Parliament — and parlay and move Christmas break. forward. On that note I am certainly not going to waste any more of the Parliament’s time. I want to ensure that The Transport (Compliance and Miscellaneous) we get on with the business of the house and make Amendment (On-the-Spot Penalty Fares) Bill 2013 is contributions on those very important bills. required to be passed by 1 January 2014 and is time critical, and the responsible minister desires that the Mr PALLAS (Tarneit) — I too rise to indicate that Victoria Police Bill 2013, which introduces a whole the opposition will not be opposing the government new regime for Victoria Police, pass both houses. business program. In so saying I acknowledge that the government has provided the opportunity for a That is the program. I indicate at this stage that considered debate around the Disability Amendment second-reading speeches — there is only one — will be Bill 2013, and that is important to us. The concerns that taken after statements on committee reports on have been raised in the context of that bill continue to Wednesday. I do not envisage a need for additional need to be traversed within this place. Having said that, sitting time if the house is efficient in dealing with these I also say it is apparent that given the amount of work bills. As always I am more than happy to have a the Parliament must necessarily prosecute because of discussion with the acting manager of opposition the government’s failure to manage this place some business on what bills the opposition might like to goodwill is required from this side of the house and in come back to, but I think the program that is before the order to best serve the people of Victoria that goodwill house, which is heavier than we have had in other will be forthcoming. weeks under the circumstances, is completely achievable. That goodwill will be forthcoming in the sense that we anticipate that within the confines of the existing time Ms HENNESSY (Altona) — One might think after lines in this place, which have been defined through a day like today that the opposition would stand up and custom and practice, debate on the bills on the oppose the government business program, motivated by government business program will be able to be frustration and/or spite. That is not the case; the worked through during this sitting week. In so saying I opposition will not be opposing the government note that some of the bills have an operative date of business program. Our quibble is not with the 1 January 2014 attached to them. In order not to importance of having an efficient and effective passage frustrate the will of the Parliament and so that of legislation through the house. I simply make that consideration of those bills can occur, the opposition is comment. Similarly we are aware and mindful of the of the opinion that the business program as submitted is fact that some of these bills are time critical and are appropriate. required to have a date of effect of 1 January 2014. We are also mindful of the fact that our colleagues in the We recognise that the failure of the government to other place will suffer from significant pressure in the manage its business program last week and the event that the government’s desire is to have some of continued dislocation of the business of this place — — these bills go through the Legislative Council before we rise for the Christmas break. An honourable member interjected.

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Tuesday, 26 November 2013 ASSEMBLY 4119

Mr PALLAS — It is the government’s job to keep of the house were suspended on the Thursday of the last the Parliament functioning. Quite frankly, the sitting week, on the Wednesday evening we had been opposition supports and will continue to support a in the middle of considering the bill in detail, and I had properly structured and well-managed business just proposed an amendment to clause 4 on behalf of program. the opposition, and indeed on behalf of people with disabilities and their families. In that context opposition members recognise that, despite the problems of the last sitting week, it is I welcome the opportunity to return to considering the necessary for the people of Victoria that members of bill in detail, because people with disabilities and their this chamber get through the program that is before us. families deserve nothing less than the most scrupulous Whether or not these bills are supported ultimately will and detailed scrutiny this house can apply to a matter as depend on the debate, but what is very clear to us is that serious as the wellbeing, particularly the financial the proposed operative dates of some of these bills will wellbeing, of people with disabilities who live in have an impact upon Victorians and the legal government and non-government accommodation. I framework within which they operate, therefore urge all members — both opposition members and opposition members will not be opposing the business government members — not only to contribute to the program. consideration in detail of that bill but also to take note of the support in the community for the opposition Mr CRISP (Mildura) — I rise on behalf of The amendments. Nationals in coalition to support the government business program. This will be a busy week because People with disabilities are facing difficult times. They there are a number of bills on which we are all anxious have had an appalling year, having had the living to speak. In the last sitting week we were about halfway daylights frightened out of them by some of the through the consideration-in-detail stage of the measures proposed by members of this government. Disability Amendment Bill 2013, having voted on The opposition welcomes the return to considering the clause 3, as I recall. We still have three clauses to deal bill in detail, which will occur before the guillotine on with. Thursday afternoon. I know that the affected stakeholders are hopeful that members of the The Domestic Animals Amendment Bill 2013 government will have a change of heart and will continues the work-in-progress status of that legislation. support the opposition amendments. With those I think we all agree that there are some dangerous and remarks I support the government business program. restricted breed dogs out there and that we need to get the legislation right. The Education and Training Motion agreed to. Reform Amendment (Dual Sector Universities) Bill 2013 is important and, as the Leader of the House MEMBERS STATEMENTS pointed out, needs to come into operation on 1 January to fit in with the financial cycles of the affected Film industry support institutions. The Justice Legislation Amendment (Miscellaneous) Bill 2013, the Owners Corporations Ms ASHER (Minister for Innovation, Services and Bill 2013 and the Transport (Compliance and Small Business) — Just last week — on Tuesday, Miscellaneous) Amendment (On-the-Spot Penalty 19 November — I had the privilege of welcoming Fares) Bill 2013 and the Victoria Police Bill 2013 are almost 700 Australian and international delegates to the all to be considered this week, along with the Parks and Screen Producers Australia Screen Forever conference, Crown Land Legislation Amendment Bill 2013, which a conference secured for Victoria by the coalition will facilitate the construction of the Bendigo Hospital. government. The screen industry is a significant All of this is important work of government. I welcome contributor to our economy. Australian Bureau of the opposition’s decision to support the business Statistics figures show that Victoria is home to a quarter program. Let us get on with it. of Australia’s film and television businesses, with an estimated combined income of $1.46 billion, as well as Ms GREEN (Yan Yean) — I rise on behalf of the a very significant games industry. Since December opposition to support the government business 2010 the coalition government, through Film Victoria, program. In particular I welcome the indication from has supported over 110 film and television projects that the Leader of the House that the house will return to the are expected to generate more than $450 million in consideration-in-detail stage of the Disability production expenditure for Victoria. Amendment Bill 2013, a critically important piece of legislation, and thank her for it. Before the proceedings

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In September I was also delighted to announce that the Melbourne and has enthralled those lucky enough to government had secured local production of the have bought tickets before they sold out last year. international feature film The Moon and the Sun for Victoria. That came on top of this government securing Known as the Everest of operas, this spellbinding and the production of the 2011–12 feature film intriguing story was brought to life by a supremely I, Frankenstein. The film was shot on location in talented creative team. I want to make special mention Victoria, and its production costs of $35.5 million of the directing genius of Neil Armfield and recognise included the employment of over 1000 Victorians and his team, which included Robert Cousins, Alice the utilisation of 671 Victorian businesses. Earlier this Babidge, Damien Cooper and Jim Atkins. The look year I also announced that work had been completed on they created was modern, minimalistic and incredibly stage 5 of Docklands Studios Melbourne. These works powerful. represent this government’s $10 million commitment to upgrade the studios and position them as a more But of course looking good has to be paired with flexible and more valuable asset for domestic and sounding amazing. My congratulations go to the international film and television production. conductor, Pietari Inkinen, and the two dedicated and gifted concertmasters, Aubrey Murphy and Roger Ukrainian Holodomor commemoration Jonsson. Their effort and that of the Melbourne Ring Orchestra transformed the State Theatre into Australia’s Mr PERERA (Cranbourne) — On Saturday, most exquisite-sounding opera house. As for the 23 November, I represented the Leader of the singers, the renowned international cast and world-class Opposition when I stood side by side with members of local talent blended in a seamless collaboration which the Ukrainian community on the occasion of the left audience members spellbound for the four magical 80th anniversary of the Ukrainian Holodomor. I evenings of the cycle. participated in the march from the Fitzroy Gardens to Federation Square, where a vigil was held. The event I thank Opera Australia’s artistic director, the inspiring was well attended. I wish to thank the chair of the Lyndon Terracini; its CEO, Craig Hassall; and all at Holodomor committee, Liana Slipetsky, and a number Opera Australia for making Melbourne the rightful of other volunteers for putting together a really good home of the Ring Cycle in Australia. commemorative ceremony. Finally, I send my most sincere gratitude to Maureen The Ukrainian definition of the word ‘holodomor’ is and Tony Wheeler for their generosity and tenacity, ‘murder by starvation’. The event commemorates the which inspired the Victorian government to be a proud act of genocide against the Ukrainian people between major sponsor and partner in this project. 1932 and 1933. It is my understanding that because the Ukrainian people refused to participate in City of Wyndham roads collectivisation, or the collective farming industry Mr PALLAS (Tarneit) — I rise to address the model, the Soviet regime confiscated their food matter of the rapidly deteriorating and increasingly supplies, destroyed their farms and left them to die from inadequate state of arterial roads in Wyndham. I have starvation. It is reported that during this period between raised this issue again and again, yet the government 7 million and 10 million Ukrainians were killed. On the continues to snub this community. day I heard emotional stories from the survivors. Some 16 countries, including Australia, have recognised the Many of the roads are essential links through Holodomor as an act of genocide. Large numbers of Wyndham and connect to Princes Freeway. Action Ukrainian refugees first arrived in Australia in 1948 as must be taken to reduce the strain of traffic congestion part of the International Refugee Organisation for the families of Werribee. More than nine roads are resettlement agreement. at or have exceeded capacity, and specific examples of these include Dohertys Road, Leakes Road, Heaths The ACTING SPEAKER (Mr Weller) — Order! Road and Sayers Road. Many other Wyndham roads The member’s time has expired. are overcrowded and need to be duplicated. There are safety concerns, frustrations and inconveniences related Melbourne Ring Cycle to congestion. Ms VICTORIA (Minister for the Arts) — The most The coalition government has ignored the basic needs extraordinary feeling has enveloped Melbourne in the of this growing community, and the investment in past week or so. For the first time ever Richard Wyndham made by the previous government, which Wagner’s Der Ring des Nibelungen was staged in totalled nearly $190 million in Labor’s last term alone,

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Tuesday, 26 November 2013 ASSEMBLY 4121

has shrunk. Labor has committed to invest more in our Hobsons Bay men’s shed outer metropolitan areas. If elected to government, it would spend $1 billion on our metropolitan and growth Ms HENNESSY (Altona) — I rise to congratulate areas. In Werribee, we would see to the removal of two the Hobsons Bay men’s shed committee of dangerous level crossings — those at Werribee and management and its members on recently receiving the Cherry streets. Both of these crossings are in the top 13 Australian Men’s Sheds Association award for of the Australian level crossing assessment model Outstanding Contribution to the Community. Since its priority list, but up until now they have been ignored by inception the Hobsons Bay men’s shed has been a this government. At least somebody has a plan to deal terrific contributor to the health and wellbeing of local with the problems of growth in our outer suburban men in our region. These are all top blokes who are areas. really lovely, and we are all thrilled that they have received this recognition. Weary Dunlop You’ve Got What It Takes Award Point Cook Relay for Life

Dr SYKES (Benalla) — Last week I presented the Ms HENNESSY — I also wish to recognise all of Weary Dunlop You’ve Got What It Takes award to those who supported the Point Cook Relay for Life Cathedral College Wangaratta student Chelsea James, event. I enjoy the deep privilege of being the patron of who is from Benalla. this fundraising event, and I am very pleased to advise the house that this year the Point Cook Relay for Life The Weary Dunlop award recognises students who raised over $52 000 to help continue the important have displayed the many qualities of Weary Dunlop — research activities undertaken by Cancer Council particularly persistence and resilience but also Victoria. compassion, friendship, forgiveness, courage, leadership and integrity. Many award winners have I would particularly like to recognise the Point Cook overcome challenges, and their achievements have been Relay for Life organising committee, which is made up in academia, on the sporting field and in the of John Ballestrino, Marie Craw, Paul Rourke, Kate community. Over the last 10 years, I have presented Parsons, Kerry Keyes, Phil Dugo, Alysia Keyes, Faye this award to well over 100 students in the 40-plus Lockwood-Rourke, Bev Morrissey, Jan Koh, Luisa schools in the electorate of Benalla. In Chelsea’s case, Ballestrino, Pamela Tanner, Kate Auhl, Mackenzie she demonstrated determination in order to succeed Lockwood-Rourke, Bill Craw, Sharen Cations and Kate despite a period of ill health. Rankin. These are amazing people from an amazing community. This was the community’s second relay for Last night the Weary Dunlop award was presented to life. I look forward to bigger and better things next FCJ College Benalla student Shaun Jones, who has year, but we are deeply proud of and grateful for all of lived out the expression ‘Courage is not how many the work they do. times you get knocked down; it’s how many times you get back up’. City of Greater Geelong mayor

This award is one of the most gratifying aspects of my Mr KATOS (South Barwon) — I congratulate 11 years as the member for Benalla. The reaction of Darryn Lyons on his successful mayoral campaign and parents, staff and in particular the student award election as the mayor of the City of Greater Geelong. recipients is overwhelming — tears of joy, hugs and a He will be formally sworn in at a council meeting this sense of pride that words cannot describe. I look evening. The Geelong community has convincingly forward to recognising another 19 student award voted for Darryn Lyons, whose message for vision, recipients in the Benalla electorate over the next few passion and change has clearly resonated with voters. weeks. I will enjoy bringing the students, their friends Darryn is a businessman and passionate advocate for and their families to Parliament or an AFL game at the Geelong, and I am confident that he will lead the City MCG next year. of Greater Geelong and work with councillors and staff for the betterment of the Geelong region. No doubt he These young people are an inspiration to all and will bring much media attention to Geelong through his demonstrate that the wonderful qualities of Weary celebrity status, but the passion he has for Geelong Dunlop — in particular, his persistence and speaks loudly, and I believe he will be a strong and resilience — live on in our youth. Their community and positive leader for Geelong and the region. I are very proud of them.

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Bellbrae Country Fire Authority brigade Michaelean O’Donnell

Mr KATOS — Last Saturday I was honoured to Ms DUNCAN — On Saturday, along with my officially open the new Bellbrae fire station. The federal colleague the member for McEwen, Rob opening was also an opportunity to celebrate a Mitchell, I had the pleasure of attending the Queen’s milestone in Country Fire Authority (CFA) history, Scout Award ceremony for Michaelean O’Donnell. with the formation of a new stand-alone Bellbrae Michaelean is a remarkable young man, and I think we brigade. will see a lot more of him in the years ahead.

The Torquay CFA has maintained a presence in Shmuel Ben-Shmuel Bellbrae with a satellite brigade since 1985, but with the growing population of the Surf Coast and the Mr SOUTHWICK (Caulfield) — It was a pleasure increased demands placed on Torquay the need for a today to welcome Israel’s new Ambassador Designate new dedicated resource in Bellbrae has become clear. to Australia, Shmuel Ben-Shmuel, to the Victorian The $498 000 station was funded through the Victorian Parliament with my co-chair of the Friends of Israel, the coalition government’s rural fire stations replacement member for Footscray. I look forward to working program and a contribution of $10 500 from the closely with the Ambassador in promoting the great brigade. state of Israel and the friendship it has with this Parliament and the people of Victoria. This year the We recognise that as a community we are indebted to Parliament signed the London Declaration on volunteers like the brigade members at the Bellbrae Combating Antisemitism and held a number of CFA, who look after our communities often at great significant events, including for the first time an personal risk. Congratulations to all members of the exhibition demonstrating the great attributes of Israel as Bellbrae community who were involved in the part of Israel Independence Day. Next year we look formation of the Bellbrae brigade. forward to celebrating the 66th year of independence in this Parliament with the new Ambassador. Romsey secondary school Mirabel Foundation Ms DUNCAN (Macedon) — In the 2010 state election campaign, the then opposition promised to do a Mr SOUTHWICK — It was my great pleasure to study into the feasibility of building a secondary school join the Mirabel Foundation at its annual general in Romsey. As the member for Macedon in government meeting recently. The Mirabel Foundation is a fantastic and in opposition, I have met with the department and organisation that does important work supporting kids local school community on a number of occasions to and their carers where the kids regrettably come from determine the viability of a secondary school in difficult backgrounds. Charities such as the Mirabel Romsey, and each time the numbers did not stack up. Foundation play a vital role in our society, providing warmth and friendship to families in difficult times. I Imagine my surprise and cynicism when the then have witnessed firsthand the commitment that CEO opposition promised in its campaign $250 000 to do Jane Rowe and her team have to supporting the kids this study — to allocate an additional $250 000 to do and carers and the warm and loving environment in what the education department does routinely as part of which they bring up the kids. its ongoing work. That report has just been released and — surprise, surprise! — its findings state that a Fire Action Week second college in Romsey would not be feasible until after 2025 and more likely closer to 2030. Who would Mr SOUTHWICK — Last week was Fire Action have thought that the numbers did not stack up? It Week, and our brave Country Fire Authority and makes one wonder why $250 000 was spent on Metropolitan Fire Brigade teams were working together engaging consultants to tell us what we already knew. closely to ensure that Victorians know how to be safe in But of course this was a sham study, a false promise, by case of fire. This week gives residents living in the then Liberal Party opposition for political purposes. fire-prone areas a chance to ensure that they have a fire It held out false hope to a community that would dearly plan so they know when and where to go in case of a love such a facility. We know that in opposition the fire. The message for this year’s bushfire season is Liberals promised anything in trying to win the seat of ‘Leave and live’. We want to make sure that all Macedon. They stand condemned for this expensive Victorians get this message very clearly leading up to a sham. They simply cannot manage money. very important time.

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Tuesday, 26 November 2013 ASSEMBLY 4123

Dr Peter Phelps comments and on behalf of our community we thank the members and volunteers for their dedicated service. Mr LANGUILLER (Derrimut) — I rise today to condemn the indefensible statements made by Dr Peter On the day there were many service medal recipients, Phelps, the current Government Whip for the New along with those who received a life membership, South Wales Legislative Council. On 11 September in including Don Duncan, Joy Waltham, Ken Markham the state Parliament of New South Wales Dr Phelps and George Waltham from Glengarry, and Helen delivered an embarrassing defence of the former Henry, Wendy Farmer, Dave Farmer and Ian Chilean dictator Augusto Pinochet. Dr Phelps has Christensen from Glengarry West. These members demonstrated not only a callous disregard for those who have given amazing service to the community — in suffered under the rule of a cruel dictatorship but also a Ian’s case 50 years. On behalf of the Morwell electorate crude ignorance of historical events. I say congratulations and well done.

In 1973 Salvador Allende, the democratically elected Asbestos Council of Victoria/Gippsland President of Chile, was deposed in a military coup led Asbestos Related Disease Support Inc. by General Augusto Pinochet. Pinochet acted as the head of state of Chile until March 1990. Under his rule Mr NORTHE — This week is Asbestos Awareness it is estimated that over 3000 people were executed, Week, and I wish to note the ongoing efforts of Vicki over 30 000 were tortured, 38 254 were imprisoned and Hamilton and the Asbestos Council of over 1000 ‘disappeared’. Pinochet systematically Victoria/Gippsland Asbestos Related Disease Support targeted political opponents, creating a climate of fear Inc. (ACV/GARDS) team in promoting the dangers of and oppression through arbitrary arrests and exiles. asbestos. Whether it is supporting individuals and These actions are indefensible and are clear families who are dealing with asbestos-related diseases, transgressions of international law. hosting asbestos awareness events or advocating for improved information on asbestos, ACV/GARDS has In his defence of these grave violations of human rights done and continues to do a wonderful job on behalf of Dr Phelps claimed: the community.

We have to accept that sometimes it’s necessary to do bad Dandenong Country Fire Authority station things to prevent terrible things. I call on Dr Phelps to deliver an unreserved apology to Mr PANDAZOPOULOS (Dandenong) — I rise to the victims of Pinochet, to their families and to all call on the Minister for Police and Emergency Services people who value human rights. The atrocities to get moving on delivering the new Dandenong fire committed by the Pinochet regime have been broadly station. Earlier this year the minister turned the sod for condemned. In 1998 the House of Lords found that the two facilities, both funded by the previous Labor doctrine of immunity was not applicable. government. After a lot of toing and froing and pressure the minister came out and turned the sod for the Glengarry Country Fire Authority brigade regional command centre and for the fire station. The regional command centre, which is a multistorey Mr NORTHE (Morwell) — At the conclusion of building on the old General Motors Holden site, is Fire Action Week last Sunday I was pleased to join structurally externally complete, yet as of this week the with the Minister for Police and Emergency Services fire station site, which has been funded for even longer and Glengarry Country Fire Authority captain Brian than the regional fire services facility, is still vacant Holman in making significant announcements for the ground. Glengarry fire station. The minister formally opened the new $434 000 station and handed over the keys for The minister went along for the photo opportunity and a new $335 000 tanker. The new station replaces sheds to announce finally the Labor-funded fire station, yet that existed for both the Glengarry and Glengarry West nearly a year later nothing has happened on the ground brigades, and the improvement in amenity and space is in Dandenong. You can understand that as we get ready a stark contrast to what was there. The new medium for the bushfire season the people of Dandenong are tanker will also assist members to tackle fires in the asking, ‘Is this government delivering for everyone region, which have unfortunately been prevalent in when it says it will do something and it cares about recent years. Members of both Glengarry and preparation for the fire season?’. Yet three years later Glengarry West have in the past fought substantial we are still without the new fire station in Dandenong campaign fires, including the Black Saturday bushfires, that was funded many years ago. Dandenong fire station is the busiest fire station in Victoria and deals

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with three different types of fires: household fires, Remembrance Day industrial fires and fires in high-rise buildings in Dandenong. That is why the new station needs to be Mr ANGUS — On Monday, 11 November, I had built for the new appliances. the privilege of again attending the Blackburn RSL sub-branch Remembrance Day service, together with Burwood Heights Primary School many RSL members, local children and community members. On behalf of the residents of my electorate of Mr ANGUS (Forest Hill) — Recently I was Forest Hill, I was again privileged to lay a wreath in delighted to attend Burwood Heights Primary School memory of those who had made the ultimate sacrifice and view the Imagine Arts show. It was a great in past conflicts. opportunity to see the creative talent of many of the students, with a wide range of art and craft items on Albert Park master plan display. I congratulate the students and also the teachers on the outstanding work that was exhibited. Mr FOLEY (Albert Park) — Albert Park reserve acts as the lungs of the inner south of Melbourne and Parkmore Primary School has more than 1 million visitors a year coming through the precinct. Today we learnt from the media of Mr ANGUS — Recently I had the great pleasure of well-advanced plans by the Napthine government to attending with the Minister for Education and other annex valuable space in Albert Park reserve for private guests the official opening of the rebuilt Parkmore development. We have seen today the cold light of Primary School in my electorate of Forest Hill. It was a scrutiny shone on this government’s secret plans to wonderful occasion that was preceded by a tour of the create a private golf driving range and a 30-storey hotel school. We saw the school in operation as we visited on public land. These proposals are a result of this various classrooms. I wish the school community well government’s deliberate legislative changes to park in the new facility. laws and its unconscionable policy in wanting to drive the redevelopment of Albert Park reserve on the back of Remembrance Day cutting up the park. This is no accident: the Napthine government has given the green light to this kind of Mr ANGUS — On Sunday, 10 November, I proposal by legislating to encourage commercialisation attended the annual state RSL remembrance service at of our valuable parks and open space. the Springvale Botanical Cemetery. On behalf of the residents of my electorate of Forest Hill I was The Premier must rule this madness out and commit to privileged to lay a wreath in memory of those who had securing Albert Park reserve for the people of paid the ultimate price in conflicts past. Following this Melbourne so that it may continue to act as the lungs of service I attended the unveiling of the state’s Victoria the inner south. Of course he cannot do so because he is Cross memorial, commemorating the conspicuous about to renew the commercial contract for the park to bravery of 39 Victorian Victoria Cross recipients. The be yet again the plaything of the Australia Formula One plaques on the memorial detail the citations given at the Grand Prix glitterati so that it will continue to be the time the Victoria Cross was awarded and provide blight that it is on Albert Park reserve. It is time the inspirational reading for all. Premier and his Minister for Environment and Climate Change ruled out this nonsense and clearly supported Healesville freeway reservation the Albert Park reserve to be a park of the people of the Mr ANGUS — It is great that the Minister for inner south. Roads recently visited the electorate of Forest Hill to make some further announcements regarding the future William Wilberforce Foundation use of the Healesville freeway reserve. The minister Mr THOMPSON (Sandringham) — I pay tribute to announced that the Bellbird Dell Reserve, the Davy the William Wilberforce Foundation for recently Lane Reserve and the Terrara Preschool play area will hosting a 150th anniversary commemoration of the be reflected in all future land use concepts for the Gettysburg Address. The foundation has as its focus a Healesville freeway reserve. This follows the earlier commitment to help vulnerable, marginalised and other decision to renew a long-term lease for the Nadrasca disadvantaged members of our community. A number farm, which again was great news for the community. of speakers reflected on President Abraham Lincoln’s speech at Gettysburg, and the event was an outstanding success.

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Hampton girl guides lives of those of us in here that little bit easier. It was Jason who designed my campaign T-shirts for the 2010 Mr THOMPSON — I pay tribute to the state election, and I have no doubt that these will now 1st Hampton girl guides. I congratulate the current be a much-treasured collector’s item for those of us leader, Cecilia Heath, for her good work with the who were privileged to work alongside him and call organisation, which recently celebrated its him a friend. Vale Jason Bird. Rest in peace. 90th anniversary. Mildura Development Corporation Innovation Multicultural Express Awards

Mr THOMPSON — On 17 November the Mr CRISP (Mildura) — Congratulations to all the Multicultural Express visited Mentone railway station winners at the Mildura Development Corporation and celebrated multiple aspects of our vibrant extended Innovation Awards. Mildura has a long history of Victorian community in Mentone. There were Turkish innovation, and it was a pleasure to see that history displays as well as singing presentations from Cook continue and be recognised. It was fitting that the night Islanders. At other stations along the Frankston train was also used to farewell and congratulate Anne line there were presentations from members of our Mansell on an outstanding term as CEO of the Mildura Indian community, and at Frankston station a number Development Corporation. of other multicultural groups were in attendance. Northern Mallee leaders Beaumaris RSL Mr CRISP — The Northern Mallee leadership Mr THOMPSON — I pay tribute to the Beaumaris program has graduated its first school of future leaders. RSL for its work in celebrating its 60th anniversary as This dedicated group led by Cheryl Rix has spent the well as marking Remembrance Day 2013. Lest we last year developing its skills and acquiring the forget. confidence to be able to make a difference to the Mallee’s future. The group’s program was City of Kingston community cabinet comprehensive and included a visit to the Victorian Parliament. I wish the leaders all the best as they pursue Mr THOMPSON — I thank the Premier and the their passion and serve their community. members of cabinet for their visit to the city of Kingston, where they undertook grassroots Murray Valley Citrus Board communication with local community builders. Mr CRISP — I attended the farewell function for Jason Bird the Murray Valley Citrus Board, an organisation with a long, proud and successful history of service to the Ms BEATTIE (Yuroke) — It is with deep sadness citrus industry. It provided support and leadership to that I rise to pay tribute to Jason Bird, a long-time allow the industry to gain export market access, deal member and employee of the Victorian branch of the with pests, frosts, floods, drought and just about Australian Labor Party, and a true Labor comrade and everything else that can be thrown at the family on the friend to many. Last week Jason passed away far too land. The closure of this organisation is a sad day for young, at the tender age of 39. Our thoughts and best the industry and a challenge for the citrus industry and wishes are with his daughter Madison at such a difficult growers going forward. time. Jason served overseas as a member of the Australian defence forces. He served his country with Port to Port Cycling Tour distinction and was immensely proud of this. Mr CRISP — Last Saturday morning saw the Jason was the lead graphic designer at the ALP head departure of 360 bike riders on the annual Port to Port, office for five years, and many Labor members in the Mildura to Echuca bike ride for Mallee Family Care. house were beneficiaries of his incredible talent and This year’s highlight was the homicide squad entering may well still have samples of his workmanship in their three teams, which included Chief Commissioner of archives filed away under ‘past elections’. His service Police Ken Lay and Deputy Commissioner Tim was greatly appreciated, his professionalism was highly Cartwright, along with a number of local identities who valued and his skills were often called upon by participated to show their support for community work. members of Parliament. Jason never let the team down Amongst the teams participating was the Wakefield and is a great example of the many hardworking people Transport team, led by Ken Wakefield. who spend their days behind the scenes making the

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The ACTING SPEAKER (Mr Morris) — Order! the waste and mismanagement that occurred while it The member’s time has expired. was in government.

School suspension and expulsion procedures Labor opposed the Mitcham and Blackburn level crossing removals and failed to announce even a Mr BROOKS (Bundoora) — The Napthine skerrick of commitment to their removal in the lead-up government has been dramatically caught out drafting to the 2010 election. All Victorians — certainly those in new procedures for the expulsion and suspension of the eastern suburbs — knew that only the coalition students from Victorian government schools. While the government had a program for removal of level government has spent the past three years cutting crossings and was committed to removing the Mitcham funding from our education system, it is now going to Road and Rooks Road level crossings and undertaking make it much easier for schools to expel or suspend a plan to remove the one in Blackburn. With the students. Mitcham level crossing removal making incredible progress and preconstruction works under way at the No-one disputes that there are occasions when Blackburn level crossing, it is hypocrisy at its best for suspension and expulsion are an appropriate Labor to now make out as if it is coming to the rescue disciplinary measure, but the new tick-and-flick of Victorians with its back-of-envelope calculations and approach revealed in leaked Department of Education a list that took 5 minutes to compile. Being $60 million and Early Childhood Development documents means out before it even begins work on each level crossing, that many kids will fall between the cracks and multiplied by 50 level crossings, just proves that Labor disengage from education. The proposed changes mean still uses desalination plant economics and that it has that parents may get no warning that their child has not learnt a thing. been suspended until after the event. The Minister for Education and his department will have no idea that a Labor’s plan would blow our AAA credit rating — the student has been expelled until after the event, and the very rating that keeps Victoria’s borrowing rates at a department will have no role in pre-expulsion meetings. low level. Victoria would have to pay around There will also be no requirement for the expelling $160 million in extra interest before Labor announced principal to liaise with the student’s destination school even a second policy. You only need to look at the past or training provider. The Napthine government will to know what the future would hold under Labor. have no idea what happens to a kid who is expelled and fails to enrol at another school, and it appears simply Montmorency South Primary School not to care. Mr HERBERT (Eltham) — I rise to congratulate Instead of providing more alternative education settings the Montmorency South Primary School community on and doing the hard work to keep kids engaged at its recent success as a prizewinner in the Dairy school, the Napthine government is washing its hands Australia Picasso Cows competition. It is another great of the matter, shirking the challenge of keeping these achievement for a thriving school, which was kids engaged in education. For all the talk we get from competing against nine other schools in the state. Entry this government about the protection of vulnerable to the competition was organised by teacher Amanda children, it seems that in this case the government is Redfern, with the painting and decoration coordinated prepared to see them kicked out onto the streets. This is by fellow teachers Lucy Mackinnon and Sally Cotterill. a government that seems determined to ensure that The whole student body was involved in naming, some kids fail in education. It has made cuts to the designing and decorating this fibreglass cow, Victorian certificate of applied learning program and affectionately named Milky South — a name which TAFE and is now making it easier to expel students. It reflects the school’s local nickname. is a shameful act from a government that has abandoned Victorian families and students. Montmorency may seem a long way from dairy country, but the students did a wonderful job capturing Australian Labor Party transport plan the dairy farming and production process from paddock to plate in their terrific, award-winning design. The cow Ms RYALL (Mitcham) — Labor’s unfunded, also features an owl mask to represent the school’s uncosted and unaffordable financial disaster of a learning mascot. The design is a colourful tableau, transport plan shows it is a desperate opposition that though thankfully not too cubist. wants to slide back into power without doing any of the hard work and without having learnt a single thing from Montmorency South Primary School has a strong interest in sustainable food production. It has a thriving

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school garden that grows the produce for its Stephanie proven to be for this government. The way contracts for Alexander kitchen garden program. It also has chooks, the various transport operators are structured requires some of which I donated a couple of years ago, that that certain revenue streams attend those contractual breed and lay eggs and are a great inspiration for the arrangements. There is a $60 million deficit in lost young people to be true urban farmers. I congratulate revenue from the public transport system. Last year the principal, Leanne Sheean, who is a terrific state 160 000 infringement notices were issued. Needless to school principal, along with teachers Amanda Redfern, say that has a very dramatic impact on the fare box. The Lucy Mackinnon and Sally Cotterill and all the students on-the-spot penalty for fare evasion will be $75, and a at Monty South on their participation in this terrific $212 fine will remain in place for certain offences and competition. situations.

TRANSPORT (COMPLIANCE AND I will now move to the opposition’s proposed MISCELLANEOUS) AMENDMENT amendments to the bill. One area of concern for us is (ON-THE-SPOT PENALTY FARES) the capacity of authorised officers to collect penalties by way of a cash transaction. Basically to avoid paying BILL 2013 the $212 fine, a fare evader could pay a $75 on-the-spot Second reading fine. That essentially provides an incentive for the fare evader to pay a fine without having to go through the Debate resumed from 31 October; motion of lengthy process in place under the current regime. We Mr MULDER (Minister for Public Transport). do not oppose that; we think it is reasonable. However, we are concerned about the fact that authorised officers Mr WYNNE (Richmond) — I rise to make a already have an onerous and difficult task in contribution on behalf of the opposition to the undertaking a policing role across the public transport Transport (Compliance and Miscellaneous) system. Requiring those authorised officers to carry Amendment (On-the-Spot Penalty Fares) Bill 2013. On cash, places a further onerous and unnecessary burden the advice of the clerks, under standing orders I wish to on them and potentially exposes them to attack by advise the house that I have amendments to the bill. I somebody seeking to rob them of money. request that they be circulated and, as is the normal practice, I will deal with the bill and the amendments at The bill outlines an option for the electronic transfer of the same time. funds. We believe there are other, more sophisticated payment methods for the $75 on-the-spot fine than an Opposition amendments circulated by Mr WYNNE exchange of cash. The use of cash will place authorised (Richmond) under standing orders. officers in a vulnerable situation. We do not think it is a contemporary way to deal with this issue. It places Mr WYNNE — I will speak to the amendments in a obligations on authorised officers to tally their accounts moment. Firstly, allow me to outline the position of the at the end of each day, which places a further burden on opposition in relation to this particular bill. We do not them. We propose the amendments in the spirit of oppose the bill. We think it contains some important cooperation on bills such as this, where the government initiatives, but we will seek to make what we think are has a clear public policy intent which makes good pretty sensible amendments to it. I hope the government sense. We do not just stand here and needlessly oppose will, in good faith, examine the amendments after I bills. We simply suggest to the government that our have presented our argument for them. If the amendments seek to take away an unnecessary burden government is not in a position to do so when the on authorised officers. I have consulted with the Rail, debate is summarised, perhaps it might take the Train & Bus Union, led by Trevor Dobbyn. He has opportunity to consider the amendments between the clearly indicated the union’s concern over this issue. houses. The union thinks our amendments are sensible. We hope the government takes them up. The bill introduces on-the-spot penalty fares in the expectation of a number of benefits for the operators of The question of fare evasion is a very serious one. I the public transport system and public transport draw the attention of the house to some contemporary passengers more generally. As we know, fare evasion research, for which I thank the parliamentary library. remains a very serious public policy challenge. There is not a lot of contemporary research into fare According to the minister’s second-reading speech, the evasion. I looked at research from the Australian current cost to the state in lost revenue is in the order of Institute of Criminology, which has a very sound record $60 million each year. Fare evasion was a particularly of looking into these sorts of behaviours. The report I difficult issue for the previous government as it has found was from 1991; there was nothing contemporary.

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I recommend that people who are interested in this regular — sometimes daily — basis? One of the public policy challenge look at the Victorian potential ironies of the on-the-spot fine is this: if you Auditor-General’s report of August 2012 entitled Fare are someone who thinks you are not going to be Evasion on Public Transport, which provides a detected or that your chances of being detected are comprehensive analysis of the dynamics around fare relatively low, you will chance your arm and you will evasion. I have had an opportunity to talk to an continue to chance your arm until such time as you get academic who has done quite a lot of research in this caught. There is some evidence to suggest that people area. It has not yet been published but it may well be in make a conscious decision along these lines. They the next 12 months. The research looks at fare evasion think, ‘Well, if there is a high chance of me getting and its frequency in Australia and a number of caught only once a year or twice a year, compared to international cities. More interestingly it looks at what what it would cost me to travel on the system every underpins fare evasion in the minds of those people day, then ultimately I am in front. If it costs me $400 a who go about it in a systematic way. year to travel on the public transport system legally and instead I get two penalties a year, that is $424, so I am Clearly there are a number of people who simply make still in front’. a mistake. They do not have their myki card with them; it is a genuine mistake and a one-off. There is no doubt It is a bit confronting. It is a bit hard to get your head that among the 160 000 people who incurred around if you live your life by a particular moral infringements in the last financial year there is a group compass which says that if you get on the public of people who simply made a genuine mistake for transport system, you must pay for it. which they have paid a hefty price. A $212 fine is a pretty significant price to pay. That is one group. But, The ACTING SPEAKER (Mr Morris) — I agree. as it has been explained to me, there is quite a hard-core Mr WYNNE — The Acting Speaker was group of people who genuinely go out with a clear and deliberate intent to fare evade, They do this not once confirming my position! But there are people who do when they have made a mistake, not twice; it is actually not, and it is a bit hard to get your head around. part of their modus operandi. This is the way they seek Nonetheless, this is part of the dynamic. The potential to live their lives. You might think this would be young unintended consequence of this on-the-spot fine regime may be that it sends a message to those people that it is students, but it is not. The early indications are that it is not just young students at all; it is people right across no longer $212. They may think, ‘I might still get the spectrum who use the public transport system. The caught only twice, and my on-the-spot fine might be actual number of people is not clear, and I think further only $150’. I think we have to look at this very research is required. carefully to see whether there is an unintended outcome that might attach to this particular initiative, which I To find successive governments in a circumstance indicate that opposition members support. where they have to address what is quite deliberate behaviour by people to avoid their obligation to pay We think this is a good initiative, but when you look at their public transport fares seems to me an the criminality of this, in effect it is an offence against the public good. Perhaps it is not criminal, but it is an extraordinary social phenomenon. I was completely unaware of this prior to taking up these shadow public offence against the public good that people are transport responsibilities on behalf of my colleague the consciously going out to commit. I think we need to member for Northcote. I will pause to say, Acting look at this, and I would encourage the minister to Speaker, that I am in very regular contact with that continue to do further research to understand more clearly what the dynamics are that drive the systemic, colleague, comrade and friend, and she is in very good shape. She is travelling very well and completing her deliberate fare evasion undertaken by many people on a various treatments at the moment. I know she is very daily basis. much looking forward to resuming her role, hopefully The Auditor-General’s report entitled Fare Evasion on early in the new year. I know I am passing on the Public Transport is unsurprisingly a very wishes of both sides of the house for her full, complete comprehensive report. I recommend it to members who and speedy recovery. And she is certainly well on her may want to delve into these issues in more depth. In way towards that, which is fantastic. the commentary by Mr Pearson in this report of August The public policy question here is: how should this last year — which was prior to his departure from the role of Auditor-General — he indicated that: government respond when we have a significant number of people who are wilfully going out there and Fare evasion has come full circle since 2005, declining to a testing their arm by fare evading on a systematic, low point in the first half of 2008 before losing these gains by

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mid-2011. Since then overall fare evasion fell to 11.9 per cent latest fare evasion survey for May 2012 shows a in the second half of 2011 and to 11.6 per cent in the first half reduction in fare evasion on trams to 13 per cent. It has of 2012. dropped back significantly. As I said, the graph The current fare evasion rates for trains and trams are high indicates that fare evasion rates move around quite compared to the levels achieved in 2007 and 2008 and the significantly. relevant international benchmarks — Part of that can be explained by the introduction of the because the Auditor-General compared our myki system — people getting to understand how it circumstance to other cities with similar transport works and making genuine mistakes in taking it up and systems. He goes on to say: transitioning from the previous system — but The lowest fare evasion rates achieved for trains (2008), for nonetheless it is also fair to say there is an element of trams (2007) and for buses (first half of 2009) represent people who systematically fare evade and genuinely reasonable targets to work towards. think it is their right to do so. One of the motivations that has been put to me is that they do not want to If you look at the trends, and I invite members to have a contribute to private operators running the public look at the fare evasion rates in the report at transport system. They do not wish to make a section 2.4.1 on page 10, they are plotted from 2005 contribution to what they would argue is a right up to 2012, and they certainly do bounce around. multinational corporation. This is complete nonsense, For instance, figure 2B shows that overall metropolitan and we utterly repudiate it. As citizens of this state, we fare evasion fell by over 40 per cent to a low point of have the unambiguous obligation to pay our way. In 7.8 per cent in the first half of 2008, increased steadily that context, we completely repudiate these rather between mid-2008 and late 2009 and accelerated warped justifications. We think the notion that significantly to reach 13.5 per cent in the first half of somebody can get a free ride on the system — that in 2011 following the start of new tram and train contracts effect they can be immune from their social obligations and the introduction of myki. It fell back to 11.6 per as active members of the Victorian community — is cent in the first half of 2012. simply not on. That is why we do not oppose the At one level it is not surprising that there were issues on-the-spot fine regime that the government seeks to around fare evasion with the introduction of myki. I go put in place. back to what I understand to be one of the motivations However, significant challenges remain for the of people who fare evade. People made genuine government — and this was the case with the previous mistakes because they did not understand how the myki government as it is with this government. If you look at system works — how to top up their myki, how to the data that has been provided by the Auditor-General, swipe on and how to swipe off. These are the usual you will see that from July 2005 to July 2011 fare teething problems that occur when new systems are evasion averaged 10 per cent on trains, 14 per cent on introduced. While the current government has sought to trams and 8 per cent on buses. If you compare this with excoriate the previous government for the international data, you see that international fare implementation of myki, I draw the attention of the evasion rates are significantly below these rates. Fare house to the rollout of the Oyster card in London and evasion in Sydney’s metropolitan rail system is 4 per the rollout of another program in Asia. The London cent, versus 10 per cent for Melbourne’s rail system. experience was that it took about five years to bed the That is a significant difference. Fare evasion averaged new system in, but it has been operating very 14 per cent in the Melbourne tram system; in the North successfully for a number of years now. American and European cities cited it was 9.9 per cent. It is fair to say that myki is now well established in the These are really significant differences. There is no psyche of Victorians. I use the tram network reasonably comparable data for buses. The messages that regularly; I used it a couple of days ago. People get it: successive governments have put out about people’s you swipe on, you swipe off. It is pretty clear that the obligations are good — they are important reminders to Victorian population has understood myki and that by people — but it is clear that there has to be a deterrent and large the system is working extremely well. That element in place. being said, the Auditor-General’s report also shows that We have provided some commentary in relation to the rate of fare evasion on trams jumped some recent and very disturbing video footage of significantly — a full 3 per cent — from a low point of authorised officers — and I was pleased that the 9.2 per cent in the first half of 2007 to 12.4 per cent in minister took this matter up immediately. It seemed to the second half of 2009 before increasing to 20 per cent me that the authorised officers in the footage in the first half of 2011. That is an enormous leap. The significantly overreacted to the fare evasion of a young

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student — I think he was an international student at the fine and ultimately a $150 penalty if they are fined for University of Melbourne. If members were to see the two offences. In its research the government may need footage, they would agree that what happened to this to consider whether there needs to be a ratcheting up of young man following his admitted fare evasion was the penalty regime for people who are wilfully fare quite disturbing. evading on a systematic basis time after time.

However, that would be the exception. The really I put forward this submission in a spirit of goodwill. troubling public policy issue is this hard-core group of We hope the government responds positively. people who wilfully continue to fare evade. We would However, if our amendments are not successful, the like the government to monitor the on-the-spot fine opposition will not be opposing the bill. We ask regime for a period of time. If we had the honour of sincerely that the government look at this question of being returned to office at the end of 2014, we would putting authorised officers in a vulnerable position take up this opportunity to try to understand this core where they have to carry cash in circumstances during group of people — they do not number in the tens but the day and night when they could easily become the in the thousands — who wilfully fare evade. We need target of people who seek to rob them. I know to try to better understand the mentality of these people authorised officers travel in groups of two and three, and what we can do, as government in its broadest but in 2013 we do not want our authorised officers to be sense, to address a significant leakage of fare box out there exchanging cash. revenue in the order of $60 million each year. This is not a small amount of money; it is a large amount of In the spirit of trying to make this legislation better and money. more workable, I indicate to the house that my amendments have the strong support of the Rail, Tram I have put forward my amendments in a genuine spirit & Bus Union. The union is deeply concerned about its to encourage the government to consider this question. officers being put into vulnerable circumstances and The key interest group in this matter is the Rail, Tram having to deal with all the complications of accounting & Bus Union, which represents these authorised for the funds every night, where the cash is to be stored officers. The union completely supports the on-the-spot and so forth. There are better and smarter ways of fine regime. The union thinks it is a good initiative. We dealing with this issue. are simply arguing that in a contemporary society where there are any number of ways in which funds can We hope the government will look at this matter be transferred, the government should reconsider the carefully in the 12 months after the regime is put in question of putting authorised officers, who have a place to see what sorts of outcomes we get in relation to difficult job at the best of times, in the vulnerable fare evasion going forward. It is a very serious public position of having to carry cash and exchange cash with policy challenge and one that we have to address in a offenders. That is not a contemporary solution to this systemic way. We cannot afford to have the public problem. transport system losing $60 million per year.

Finally, I made some comment earlier about the Mr BLACKWOOD (Narracan) — It is a pleasure potential impact of more than halving the fine from to have the opportunity to make a contribution to the $212 to $75. My fear is that there may be an unintended debate on the Transport (Compliance and outcome in relation to recalcitrant fare evaders, people Miscellaneous) Amendment (On-the-Spot Penalty who do not wish to subscribe to the general social Fares) Bill 2013. I will pick up on a couple of the mores of our society and believe they can get a free run comments of the member for Richmond, and to start on the public transport system. There is a bit of with I would like to comment in relation to the member evidence to suggest that there is a conscious and for Northcote and how pleased we are on this side of deliberate element to this fare evasion. the house to hear she is progressing well. We cannot wait to see her back in the chamber as soon as she is We may find a circumstance where, bizarrely, rather well enough. than fare evading decreasing as a result of the new fine regime, the new regime acts as an incentive. A fare I understand where the member for Richmond is evader may estimate that they are only going to be coming from on a number of the issues he raised. We caught once or twice a year and calculate that into their have addressed some of those concerns, and I will budgetary arrangements. Bizarre as that sounds, it is explain that as I go through the bill. I can reassure him part of the mentality of some of these people. Rather that it is the plan of Public Transport Victoria (PTV) to than getting what would have been a $212 infringement review the performance of this legislation after penalty for an offence, they will get a $75 on-the-spot 12 months. We are mindful of the risks and dangers that

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could arise, perhaps unforeseen, and a review will take for whatever reason. As the member for Richmond place. said, honest mistakes can happen, do happen and will continue to happen, but this legislation is about those The overall objectives of the bill are to establish a who persist in trying to evade paying their way. As the scheme for on-the-spot penalty fares as an alternative government we have a responsibility to ensure that they mechanism for enforcing public transport fare evasion are taken to task on behalf of those who do the right offences, to increase the productivity and efficiency of thing and pay their way. passenger transport company authorised officers, to reduce fare evasion and to increase fare box revenue. At $75 initially, the on-the-spot penalty fare will be The bill provides for authorised officers under the substantially lower than the current adult infringement Transport (Compliance and Miscellaneous) Act 1983 to penalty of $212. It is considered that the amount of the offer persons who have committed a prescribed public penalty fare will still be a significant deterrent to transport ticket offence the opportunity to pay travelling on public transport without a valid ticket. The on-the-spot penalty fares. An on-the-spot penalty fare is introduction of an on-the-spot penalty fare has a offered as an alternative to being reported by officers to number of benefits. The penalty fares can be issued the Department of Transport, Planning and Local quickly, which means authorised officers can be more Infrastructure and risking an infringement penalty. visible on the network and check more tickets and penalise more fare evaders. Passengers will not be Authorised officers may offer the opportunity to pay required to provide their name and address to the on-the-spot penalty fares to a passenger detected authorised officer if they pay on the spot, once again travelling on public transport without a valid ticket. speeding up the process and freeing up more time for Penalty fares will not be offered to minors. If the the officers to cover the network more broadly. passenger accepts the offer to pay the fare, the fare must be paid without delay to the authorised officer or a One hundred per cent of the payment will be received person authorised by Public Transport Victoria to up front. It will go straight into covering the costs of receive the fare — for example, ticket office staff at a administration, and then the balance will go into railway station. Payment may be made by cash, consolidated revenue. It will be collected on the spot, so EFTPOS or credit card. The penalty fare will be set by the costs of recovering unpaid fines will not present a regulations and will be set initially at $75. This amount problem down the track. The administrative costs will be adjusted each year in the same way penalties are associated with the processing of reports of adjusted under the Monetary Units Act 2004. After the non-compliance and the issuing of ticket infringement reasonable costs of administering the scheme have been notices will be reduced. On-the-spot penalty fares will taken out of the amount of penalty fares received, PTV not be offered by police or PSOs, and passengers will pay the balance of the moneys received under the travelling on V/Line trains will not be offered scheme into consolidated revenue. on-the-spot penalty fares when the scheme is first implemented. As the member for Richmond explained, at the moment this significant problem is costing the government In the initial stages the focus will be on reducing fare revenue of about $60 million a year. We believe an evasion in the metropolitan area, and to touch on what on-the-spot penalty fare scheme will allow authorised the member for Richmond said concerning the risk of officers to deal with fare evasion more quickly, fare evasion rising, we believe the introduction of effectively and equitably. That is important because it on-the-spot penalty fares will speed up the ticket will free up officers to do more fare evasion work in offence enforcement processes, freeing up authorised terms of those who serially evade paying for tickets, officers to check more tickets more often and deal with and the member for Richmond also touched on that. more fare evaders per shift. While the on-the-spot Unfortunately there are some in our community who penalty fare is lower than the current fine, we expect for whatever reason refuse to pay their way, and this more tickets to be checked, more offenders to be dealt new scheme will speed up the process of dealing with with and fare evasion to fall as a result of its those who are picked up for evading their fare and give introduction. These factors combined should see a officers more time to move over a larger area and cover decrease in fare evasion, an increase in fare box a larger number of commuters. revenue generated and a positive impact on customer behaviour. However, as I said before, there are plans for The other important thing about the need to address this the operation of this legislation to be reviewed after problem is that, by and large, the biggest percentage of 12 months. commuters do the right thing, and it is not fair for us to turn a blind eye to those who continue to evade fares

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The member for Richmond raised the concern about the In closing, as I said before, this bill really is about security of our authorised officers, and we have taken ensuring that the majority of the travelling public does that into account. We understand where he is coming the right thing and, more importantly, about ensuring from, and certainly understand the concerns of the Rail, that those who choose to do the wrong thing Tram & Bus Union about its members, but because of consistently are picked up in that process, thereby the fact that the authorised officers will carry mobile ensuring that those who do the right thing are EFTPOS terminals to process card transactions it is encouraged to keep doing the right thing and that the expected that the number of cases where an authorised fare money currently not being paid that could be going officer accepts cash will be very low. So by and large towards improvements to the public transport system the EFTPOS terminals will be able to be used, and it can be collected so that we can continue to improve our will encourage people to pay by card rather than cash. public transport system. Given that the on-the-spot penalty fare is $75, we expect very few passengers will pay by cash, therefore Mr PALLAS (Tarneit) — I rise to speak on the limiting the amount of money an authorised officer may Transport (Compliance and Miscellaneous) have on them at any given time. Processes will be put Amendment (On-the-Spot Penalty Fares) Bill 2013 and in place to minimise the amount of cash an authorised to reinforce the comments made by the member for officer will hold. Richmond indicating that — with a reservation relating to an amendment to be moved by the opposition, which Authorised officers will work in groups to reduce any we believe should be supported, as it is both reasonable potential risk of theft, as was mentioned by the member and practicable — we will not be opposing this bill, for Richmond, so in terms of their security we believe regardless of the government’s willingness or otherwise that should discourage any person who may have any to support the amendment we will propose. I want to design around robbing authorised officers. In addition, spend just a moment reinforcing the point that it is as I said, the process will minimise the amount of cash important for the government to take the contributions that is used in paying these fines. On-the-spot penalty and the suggestions of this side of the chamber, albeit fare receipts will be individually numbered, and that this side does not have the numbers to control the authorised officers will need to account for funds legislative flow, and to value the contributions made on collected against each receipt issued. There is a process this side and consider whether there is value in them. in place to ensure that honesty is adhered to, and there is no encouragement for authorised officers to do the I understand the basic proposition underpinning this wrong thing. In addition Public Transport Victoria will bill, and it is quite apparent that there is an issue in implement audits of transport operator processes to terms of erosion of a revenue base involving revenues ensure they are being implemented as per cash handling the state cannot reasonably be expected to forgo and requirements. Therefore there is a process in place to that therefore appropriate measures need to be put in safeguard authorised officers from any accusation or place. This government has proven to be both question about the way they operate. imaginative and quite innovative when it comes to finding new ways to gain fine revenue. Since the Processes will also be put in place to minimise the budget of 2010–11 the state’s fine revenue has risen by amount of cash an authorised officer will hold. 26 per cent, from slightly over $500 million to in excess Authorised officers will be able to deposit cash paid by of $700 million, which you would have to say is a gold passengers at myki card vending machines, premium medal effort when it comes to collecting gold. The station booking office windows or nearby myki retail government has been able to increase the revenue from outlets. There are a number of opportunities for fines from about $553.6 million in 2010–11 to authorised officers to divest themselves of the cash they $714.9 million in 2013–14. That has increased the collect very quickly, which will also minimise the risk proportion of state revenue coming from fines by they may face from those who might choose to do the almost a quarter. In the 2010–11 budget period fines wrong thing. constituted about 3.6 per cent of state revenue; under this government, in the 2013–14 budget, fines sit at In terms of appeals, penalty fare transactions will be 4.3 per cent of state revenue. There has therefore been a finalised on the spot and not open to review or appeal very dramatic increase in fines. under the scheme. If a passenger believes they have not committed an offence, they should provide their name We need go no further than to remember the outrage and address to the authorised officer and appeal any that the previous opposition and now government — infringement notice that is issued. and indeed the previous Treasurer and now Minister for Police and Emergency Services — expressed on 3 May 2007 in this place about the state being heavily

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dependent for its revenue on, among a variety of other seek to get that money, but it opens them up to this things, fines. criticism. We need to ensure that authorised officers are beyond any suggestion of impropriety, and the best way There is absolutely no doubt that a properly constructed to do that is to frame the legislative scheme to ensure system of public transport depends upon the confidence that that is the case. of the community in the system and its continuing commitment to support that system, which will ensure There is also much to commend about a process with a that those services are run in an effective and mechanism that we all apply in our lives and in our cost-effective way. The member for Richmond took us engagement in the community that goes specifically to through the report of the Auditor-General of August risk and reward. Bad behaviour is basically weighed up 2012 regarding fare evasion on the public transport by those who lack a belief that they have an obligation system. He also made some telling points about the to pay fares. They weigh up the likelihood that they nature of fare evasion, being either accidental or part of may be caught behaving in this poor and inappropriate a more contrived, well-thought-through and continuing fashion. Effectively, as the member for Richmond has approach. We know that there are a substantial indicated, they chance their arm. If there is a risk that proportion of commuters — at the moment we do not they will be caught, and if that risk increases, that is a know how many — who continue not to pay. As a good thing. Of course the reward for being able to result of that, we understand that in terms of the public successfully evade paying is that consistently, perhaps transport system a very substantial number of as a matter of a long-established course of conduct, infringements were identified last year, these individuals are effectively able to steal money 150 000 infringement notices having been issued, and from the state of Victoria. The state is entitled to that there is a reduced capacity to fix up what is effectively money for providing a service but does not receive it not a slow leak but a very substantial erosion of the when people do not pay. Quite frankly that is revenue base — an entitlement that the state has every inappropriate, and the state has every right to put in right to expect to receive as a consequence of providing place mechanisms to increase the likelihood of the a service that does not come free. apprehension of such people.

Indeed the Auditor-General made it very clear that The increased capacity to fine is a good thing. My there is a very substantial contribution from the state of concern remains that perhaps the increased capacity to Victoria towards the provision of public transport. fine may be offset by the reduction in the level of the Subsidies from the state, as he states on page 1 of his fine from the $212 fine to the $75 on-the-spot fine. My report entitled Fare Evasion on Public Transport, grew concern continues to be that that level of penalty may by 65 per cent between 2005–06 and 2010–11, or from well persuade those who have a risk-reward assessment $950 million to $1.56 billion. In 2010–11 the cost of of their poor conduct that it is cheaper and that the risk operating public transport services was $2.2 billion. is less to them and to the community and that they Thirty per cent of that amount came from fares but should therefore continue that conduct, which costs us 70 per cent of it came from government subsidies. The all substantially. Nonetheless I can indicate that the fact is that the community is getting a very substantial opposition does not oppose this bill. investment from the state in terms of the provision of public transport, and quite often that is not Sitting suspended 6.30 p.m. until 8.01 p.m. acknowledged. In recurrent terms that commitment is very appreciable. It demonstrates that the community Mrs BAUER (Carrum) — I rise to speak on the cannot afford a situation where essentially there are Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Bill 2013. some who see it as their privilege or their entitlement to choose whether to pay. The purpose of this legislation is to introduce an on-the-spot penalty fare scheme. In rising to speak in I have heard it stated many times that justice delayed is support of this bill I put on record that I think it is justice denied. A quick, efficient and equitable process unfortunate that we see fare evasion and the problems it that allows fare evaders to be dealt with on the spot has creates within our community, but I acknowledge that much to commend it. I am concerned — and I restate most transport users do the right thing. the concerns of the member for Richmond — about the idea that the transacting of cash payments opens up not I often use the Frankston line when I come to the only the prospect of risk to the individuals involved but Parliament, get out and about in the community and come to the city for meetings, and when I use the the perception and the opportunity for misapplication of those funds. That is not to suggest anything nefarious or Frankston train I see people doing the right thing. It is institutional in the behaviour of authorised officers who very rare to see someone evading paying their fare and

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risking a fine. When people evade paying their fare 15 February 2012 claimed that 1 in every 12 train they let down not only our local community but all travellers on the Frankston line was fare evading. Victorians. Fare evasion costs Victorians a whopping Metlink’s data from May 2011 showed that Frankston $60 million every year, money we could be investing in line travellers had the fifth highest level of fare evasion, our public transport system. For example, we could at 8.2 per cent. However, this data also shows that purchase up to three new X’trapolis trains with that 91.8 per cent of passengers on the Frankston line were $60 million. doing the right thing and travelling with a valid ticket. That is a fantastic statistic. According to Public In the last fortnight while preparing for my contribution Transport Victoria statistics, fare evasion rates on the to the debate on the bill this evening I was out engaging Frankston line in May 2013 were 12.7 per cent. with community groups in my electorate and happened to pop in and visit some schoolchildren. We were The bottom line is that fare evaders are ripping off the talking about the role we play as elected majority of public transport users who do the right parliamentarians and how we come into the Parliament thing. The revenue from the payment of public of Victoria, debate issues and introduce legislation that transport fares is incredibly important. It enables us as a is important to all Victorians. I was interested to see coalition government to continue to invest in that the children were very perceptive and asked improvements to Victoria’s public transport system. I questions about particular bills. We had a chat about am incredibly proud of our record of investing heavily this bill because it was scheduled for the previous in public transport. Our investment in and coordination sitting week of Parliament. The children referred to the of the public transport system led to an increase in the behaviour of the opposition in deliberately disrupting punctuality of train services on the Frankston line from the Parliament with orchestrated points of order — 71.1 per cent to 92.9 per cent between October 2010 inappropriate and childish behaviour. The kids were and October 2013. Trains on the Frankston line now very perceptive; they said, ‘Donna, this prevents you run every 10 minutes, seven days a week. The from getting on with the job you are elected to do for percentage of cancelled Frankston line trains has our community’. dropped from 1.5 per cent to 1.1 per cent, and an incredible 1078 additional metro weekly train trips have Today, as we saw, members of the Victorian opposition been provided. This is fantastic progress for train continued their political stunt. They continued to defy services in my electorate. the Speaker with behaviour and bullying tactics that would never be accepted in other workplaces, and I The government is investing heavily in public transport. thought the comments of these children in my We are investing an extra $176 million, which will community about what the opposition members have purchase a further eight new X’trapolis trains. This is in been doing in Parliament were very perceptive. It all addition to the seven trains that have already been started from our discussions about the government’s delivered. As I mentioned earlier, the $60 million of on-the-spot penalty fares legislation. revenue not collected each year as a result of fare evasion could buy almost three new X’trapolis trains. When I spoke with the schoolchildren about the bill we are currently debating, they were in disbelief that I could not speak on a bill like this without mentioning people continue to ignore and flout laws through fare the coalition government’s incredible investment of evasion. As I left the school after speaking with the over $100 million, which will produce improvements in children I was hopeful that the next generation of public rail lines to enable modern X’trapolis trains to run on transport users would do the right thing. However, the the Frankston, Williamstown and Werribee lines. We bill before us deals with fare evasion. will also extend the canopies of stations on the Frankston line to provide all-weather protection. If an adult does not have a valid ticket, under this new legislation they can pay an up-front penalty of $75. The The coalition government is also purchasing another current fine for fare evasion is $212. If the fare evader 40 new V/Line V/Locity rail cars for services in goes to court, the maximum fine is $722. We hope the country areas. The bus replacement program is system we are introducing will encourage fare evaders continuing, and Public Transport Victoria is improving to pay the up-front fine of $75 rather than wait to the connections between trains and buses. Not only are receive a $212 fine in the mail. We also hope this will we investing in the train system, but Melbourne’s tram decrease rates of fare evasion. network is also benefiting. There are 50 new low-floor trams, and the government is continuing to work In terms of the Carrum electorate and surrounding towards making the route 96 tram from St Kilda Road a areas, an article in the Frankston Standard Leader on showcase.

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The on-the-spot fine collection scheme will increase the taking from the pockets of taxpayers. People who government’s ability to reinvest funds to make cannot afford to pay fines will now be expected to pay a improvements to our public transport system. It is $75 on-the-spot fine. unfortunate but a reality that people continue to evade fares. As I have said, fare evasion lets down all of those An incident occurred not long ago at my local railway community members who do the right thing. It is station, Keilor Plains. During peak hour — I think it disappointing to be in the house debating legislation was on a Wednesday morning — none of the myki like this. At this point I would like to commend the machines were working. When we rang Metro Trains minister for showing leadership in this area, for making Melbourne for advice, the hundreds of people who some brave decisions and for looking at new and were standing on the platform were told that it was our innovative ways to tackle the issue of fare evasion. problem and that we needed to get off at another station and swipe our myki cards. I asked whether people I am aware that a review will be conducted in would be fined when they got to the other end if they 12 months to see how this on-the-spot penalty fare did not get off the train and swipe their cards. I asked evasion scheme plays out in the community, and I am what would happen if they did not get off at the next sure that the review will have a positive outcome. The station to swipe on — — government will investigate any concerns that opposition members may have about this bill, and those Honourable members interjecting. concerns will be addressed during the review to see if any unintended consequences have arisen. However, I Ms HUTCHINS — Excuse me, it is the current am confident that this legislation is a terrific step in the government that is administering the myki system now. right direction. The minister has consulted widely The ACTING SPEAKER (Ms Ryall) — Order! within the sector, and the government has a lot of The member will not respond to interjections. support for this legislation. As I mentioned at the start of my contribution, even schoolchildren out in our Ms HUTCHINS — I was advised by the guy in the communities are very positive about this bill. They see call centre that passengers needed to get off the train that any revenue that is collected will make their and swipe their myki cards and that the train would not communities better places to live, and the government wait for them. I was further advised that if they got to will continue to invest in our public transport system. I the city and they had not swiped their myki card, they commend the bill to the house. would incur a fine. I can tell members that hundreds of commuters at my local station were absolutely Ms HUTCHINS (Keilor) — I rise to make a short apoplectic on their way to work that morning, and I contribution to the debate on the Transport know for a fact that some of those people were fined (Compliance and Miscellaneous) Amendment when they reached the city loop stations. These are (On-the-Spot Penalty Fines) Bill 2013. Predominantly some of the people we are dealing with who will be this bill establishes an on-the-spot fine penalty scheme confronted with a $75 on-the-spot fine. If it happens to that has not been in place before as an alternative be the day before payday, of course they are not going mechanism for enforcing certain public transport to have that money there and they are going to have to offences. The legislation provides for the imposition of cop a much higher fine of $212. an on-the-spot fine of $75, which is significantly lower than the current adult fine of $212. However, The other concern I have is about the authorised opposition members have some concerns about this bill officers who will be required to collect the cash which we would like to put on the record. As previous up-front and what security there will be around those speakers have said, Labor seeks to amend the bill by officers. How are they going to ensure that they are not deleting the provision which allows authorised officers robbed, taken advantage of or confronted by some sort to collect on-the-spot fines in cash, given that the of criminal behaviour and have the money they have collection of fines through cash transactions puts collected becoming a personal cashbox around train authorised officers at risk. After all, alternative stations? How are they going to be protected? I strongly electronic transaction options are already available. assert our broad public policy position that public transport users should of course fulfil their obligations My main area of concern about this legislation as it in paying their fares and that appropriate penalties stands is that it is inequitable to fine people who cannot should be in place for those who choose to fare evade, afford to pay fines. These people will be further but in the situation where they are left without a penalised in a world and a state that has gone fine crazy supportive ticketing system, should they be fined on the over the last few years. We only have to look at the spot? I do not think that is the answer. I strongly urge increases in the fines and levies that this government is

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the government to consider Labor’s position and funding cuts which have gutted the TAFE system in Labor’s amendment and to take them on board. I this state, some of the full impacts of which are only strongly recommend that to the house. now being seen, both of the $1.2 billion funding cut to TAFEs in 2012 and recent cuts that have been made by Debate adjourned on motion of Mr WELLER this government to TAFE subsidies and a range of other (Rodney). funding matters.

Debate adjourned until later this day. These are good reasons for the committee to look at the impact of this aspect of the bill. If we drill down to EDUCATION AND TRAINING REFORM some of the impacts we are seeing now such as the AMENDMENT (DUAL SECTOR closing down of small regional, rural and UNIVERSITIES) BILL 2013 outer-suburban TAFE campuses, whilst they might not articulate it in this place, I know there are many country Second reading members and members of The Nationals who have concerns about the Glenormiston campus of the South Debate resumed from 31 October; motion of West Institute of TAFE and the Cranbourne campus of Mr DIXON (Minister for Education). the William Angliss Institute, which have both closed Mr HERBERT (Eltham) — Thank you, Acting down. The Cranbourne campus helped some of the Speaker. It is a pleasure to speak on this bill — most needy kids in the Cranbourne area get back on although I must say that I am probably a little bit sad track and get an education. These campuses are two of that I will not be able to refer to the member for the latest victims of the devastation happening in the Mitcham’s constant interjections during my speech this TAFE sector. time around! In regard to this bill, I seek to move a There are concerns about TAFEs such as Chisholm, reasoned amendment to the second-reading motion. I which is closing the science courses at its Frankston move: campus. The member for Frankston is not here now, That all the words after ‘That’ be omitted with the view of but that is of grave concern. There are staff losses in inserting in their place the words ‘this house refuses to read some of the harder trades at the Frankston campus, and this bill a second time until the impacts of the measures and I would have thought the closing of the entire applied time lines of the bill have been referred to, and considered by, science campus would be of concern to everybody in the Education and Training Committee.’. this chamber. There are concerns about Bendigo TAFE. I move this amendment for good reason. It follows the It is hard to believe it has had to sublet its Castlemaine notice of motion I moved on 12 November seeking to campus — a building it has had for more than refer TAFE capital needs to the Education and Training 10 years — because it cannot afford to pay the rent. Committee. We believe that should be adopted because What on earth is happening in the TAFE sector in this a parliamentary committee needs to have a good look at state? the details of what is happening in TAFE capital funding and what is happening in TAFE funding One would think that the Minister for Higher Education overall. In short, we believe the changes to the TAFE and Skills and the Deputy Premier would have borrowing requirements referred to in this legislation concerns about the increasingly likely takeover of will have a major impact on TAFE institutes, and on Gippsland TAFE. GippsTAFE is a small and great little this side of the house we believe it is absolutely TAFE — or at least it used to be — and it is being imperative that the Education and Training Committee taken over by the massive metropolitan Chisholm is able to properly review the impact of this legislation TAFE. We know that this is happening because a on TAFE. We believe the committee needs to memorandum of understanding has been signed. investigate the impact on both current and future capital Chisholm TAFE is in the middle of its due diligence investment needs of TAFEs — something I would have process, and anyone who thinks GippsTAFE’s thought was close to the hearts of every member in this autonomy of operations will continue after chamber who has a TAFE campus in their electorate — cash-strapped Chisholm takes over has another thing as well as the impact on their recurrent budget needs. coming, because it simply will not happen.

On this side of the house we are justifiably suspicious Importantly, this bill comes at a time when the about the outcomes of this part of the bill. All government will be bailing out some bankrupt regional Victorians have the right to be suspicious, and with TAFEs and some favoured TAFEs through its so-called good cause, given the history and ongoing impact of TAFE structural adjustment fund. According to this this government’s devastating funding cuts to TAFE — legislation other TAFEs will be forced to borrow

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money against a cash-strapped budget for their very subsidy rates to some of their core courses next year. survival, and this will leave a legacy of debt for future There will be staff lost, courses closed and fee rises. It students and administrators of that TAFE. Something is another devastating Christmas present for TAFE and we do not see in this bill is reference to the relationship for the training sector in this state. between the structural adjustment, or so-called bailout fund of $50 million a year, and the borrowing capacity, Last sitting week we knew that the Minister for Higher and how those two things will work in concert. Which Education and Skills was going to make these subsidy TAFEs will get stuck with the borrowing and which cuts but that he would hold off until Friday because he TAFEs will get a cash handout? We do not know how did not want scrutiny in the Parliament. That was clear those two funds will operate, and there has not been any from the four answers to four questions that we asked articulation of that whatsoever. We know that the in the other place. The minister advised under questions changes to the borrowing powers of TAFEs have the from us that there would be 60 days notice. You might potential to end with further TAFE rationalisations and think, ‘Well, with two months notice maybe you can will potentially have catastrophic effects on the cop that, if you’ve got your business case. It gives you a financial operating budgets of many TAFEs in this bit of a chance for the next semester to adjust your state. business case, the courses you offer and the fees you charge’. But of course that was not right; it was I remind the house that the changes in this bill come in misleading. There would in fact be 20 days notice. the middle of the government’s so-called TAFE reform process. The bill’s changes to borrowing requirements Some members over there might think it is good constitute another change in a series of upheavals for enough for private providers that suddenly, with a bit TAFEs. It follows hot on the heels of further subsidy short of three weeks notice, the government is going to cuts, and I do not know whether many people were pull the rug out from under the money it gives them for consulted. It would be interesting to see whether the the training they do, despite years of planning, their minister and government have consulted with the staffing profile or the scope of their training capacity. government backbench about the latest hits to But of course we found out only last Friday that, lo and TAFEs — the further cuts made just a week or so ago behold, the minister is going to change that to 10 days to training subsidies and training fees. Once again some notice. I ask any member over there who has preached of those subsidy cuts are on top of the $1.2 billion and to us about the needs of small business in this state — $300 million cuts to TAFEs, plus the cuts to private and we heard that again today at question time — how providers. These take a whole heap of training subsidies on earth anybody can run an organisation — — from $7.50 to as low as $1.50 per hour. Mr Weller interjected. Ms McLeish interjected. Mr HERBERT — That is 10 days notice, and even Mr HERBERT — The member for Seymour seems the member for Rodney would think that that is simply to think this is interesting. inadequate for any business that relies on government funding. It is simply a disgrace. No wonder everybody The ACTING SPEAKER (Ms Ryall) — Order! in this state is screaming. The member for Eltham will not respond to interjections. The amendment I have moved comes on top of even more changes. When we talk about the subsidy cuts we Mr HERBERT — Through you, Acting Speaker, often talk about TAFE. I have talked about the impact many members of this place, particularly those on the on private training providers and the cuts of between other side, talk about small business. The member for $3.5 million and $10 million to TAFE. But some of the Seymour in particular often talks about small business. hardest hit are the smaller adult and community However, I can say that the rapid notice of the change education providers and neighbourhood houses, those to these subsidies will cost the average TAFE in this that provide basic-level training and opportunity — — state between $3.5 million and $10 million, and private providers are screaming. They have got their business Ms McLeish interjected. cases done. Mr HERBERT — The member for Seymour thinks Suddenly many small businesses, private providers, that they are not worthy of support. It is unbelievable. have had the rug pulled out from under their entire business case by the government, without any warning The ACTING SPEAKER (Ms Ryall) — Order! whatsoever. The government has simply slashed the The member for Eltham will not respond to interjections.

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Mr HERBERT — It is unbelievable that some in it was in government to enable those institutions to this place would not want to support their local adult have a more streamlined operation, which they have and community education providers and taken up and which many of them operate under. neighbourhood houses, but that is exactly what is Instead of having separate TAFE and university happening. I can understand why those opposite are divisions, they are streamlined so that students are in embarrassed about the impact of these cuts and what is the same school. You might start doing a TAFE course happening in TAFE and adult and community or a diploma and then go into a degree. The institutions education in their communities. They would not want are managed in schools rather than along TAFE and to have the truth laid out in this Parliament, but the truth university lines. is there. If government members walked across the road and spoke to some of their local providers they would The bill streamlines the financial accounting of the find that the subsidy cuts in particular to aged care, universities so they do not have to submit two sets of child care, home and community care and other courses financial reports to the state on TAFE. I could not let that are often run through adult and community this opportunity go by without saying that this was a education providers and neighbourhood houses have bigger issue for those institutions before the $1.2 billion been so savage that they are now trying to work out cuts to their TAFE budgets, when they had some how they can stay in the game and continue to offer decent-sized training components to their dual sector these valuable courses and work out what they are operations. But now institutions such as Swinburne are going to do about their staffing. rapidly getting out of training because they cannot afford to offer quality training provision across the These meagrely resourced organisations, the board like they did in the past, and the same can be said Cinderellas of our education and training system, are for many of the other dual sector universities. trying to work out how on earth at the last minute they are going to be able to restructure next year’s activities VU used to have 3000 students who had not completed without going broke or falling behind in their financials their schooling. Students came in every year to do basic and losing their registration. It is a disgrace. Under this courses to get back on track and back into education bill they will be able to borrow to keep going, and we and training in order to get jobs. These places were are thankful for that, but the government ought to take a heavily subsidised, but all of that is either going out of bit of responsibility for what is happening in that sector the window or at risk because of the massive funding as well. cuts to those operations. It is good that under this bill institutions will not have to report separately on TAFE, That is basically the reason why we believe that the but I fear they will not have much to report about if this measures in this part of the bill should be sent off to the government keeps going with what it is doing in terms Education and Training Committee of this Parliament of TAFE funding. so it can take a good look at what is happening in this sector with the funding and consider what needs to be While this is a welcome component of the legislation, addressed before we start saying to TAFEs, ‘Borrow we believe there is a lot more to do. One of the biggest the money because you’re broke. Borrow the money problems for dual sector institutions is not just reporting because you don’t have any money in your reserve on TAFE and university operations but reporting to funds. Borrow the money because you can’t keep both the state and federal governments. It happens in a paying your recurrent budget. Borrow the money whole range of training, including the adult community because you have capital costs that you can’t fund and education sector, in terms of those that receive both that we won’t fund’. I will get back to that in a little bit federal and state funding. There is enormous because it is an incredibly important aspect of this bill, duplication in filling in the same 50 pages of although one that I notice was dealt with in a very information for both levels of government, and we cursory manner in the explanatory memorandum. would like to see a far more streamlined approach being taken by this government in getting the commonwealth We do not have a problem with the other section of the and state reporting and accountability requirements in bill, which deals with the reporting requirements for the sync so that you just fill out one form and one four dual sector institutions — the Royal Melbourne jurisdiction accepts what is being submitted to the other Institute of Technology; Swinburne University of jurisdiction. It should not be too hard, but it seems that Technology; the University of Ballarat, soon to be it is a bit too hard for this government. called Federation University Australia; and Victoria University (VU). The bill removes from the principal Having said we support this component of the bill, it is act reference to universities with TAFE divisions. It very unfortunate that the government has sought to link brings into practice the changes that Labor made when that component to its disastrous and failed TAFE

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agenda — that we cannot support. If we can get support government that TAFEs divest themselves of what the for the bill to be sent off to the Education and Training government calls underutilised assets. That really Committee for it to have a look at, and if the sounds the death knell for small country campuses. government then wants to come back to the house with What words the government uses — ‘underutilised separate bills or having done a bit more thinking about assets’. It is incredible. how these two completely separate issues tie in, we would be happy to support the loosening of the There might be a great little town with a great little reporting requirements for dual sector institutions. We campus that provides fantastic training and accept it is something that should happen, but opportunities for people. Because it is not mega unfortunately this government is just too clever by half. wealthy — that is, because it is not making a huge It is trying to link this good measure to an absolutely profit — it is underutilised and should be got rid of. It disastrous measure and to its radical and failed TAFE should be sold or flogged off. That is what the experiment, and we will not support that. government expects our TAFEs in country Victoria to do — and not just TAFEs in country Victoria. You cannot look at the borrowing powers of TAFE Cranbourne, which is a major suburb, is expected to without having a look at the whole range of issues that flog off its William Angliss Institute campus, which are before TAFEs in terms of their finances. In the was Australia’s premium hospitality TAFE, because it 20 pages of the explanatory memorandum for the bill is an underutilised asset. only 49 words are devoted to this significant component of the bill. As I said, the government is too It seems that if essential services are being provided to clever by half. Does it really think it is going to get street kids — to kids who have been kicked out of away with that sort of shifty behaviour in bringing this school or have had to leave school, to kids who really legislation to this place? Does it not think some people need that helping hand — because there might not be are going to look at it and say, ‘Hey, come on, this is 100 or 200 but only 20 or 30 kids at the TAFE every just too clever by half. This is really stupid. Why would day who are getting a hand up from government to do you link the two?’. It is absolutely disgraceful, quite their first bit of training in hospitality and then move on frankly. to other certificate courses, that is considered to be an underutilised asset and should be flogged off. It is It is a sign of the way this government has handled the considered that those kids should be left on the street TAFE sector. It has made its announcements on TAFE because they do not count in the economic rationalist in secrecy, without accountability or transparency. This view of this government. is another example of how it does things in this area. It brings in cuts at the end of the parliamentary year, just Members on this side are deeply concerned about the before Christmas, or on a Friday. Two Fridays ago the likelihood that the TAFE borrowing requirements in government announced what could be $100 million in this bill will lead to more campuses being closed, in cuts. No-one could know what they will be because addition to those that have already closed. As everyone they are not transparent. When the government brought in this place knows, there has been a litany of TAFE in those cuts, it did not even do it publicly; it sent a campus closures. We are concerned that this private note to the TAFEs and presumably some of the government is refusing to take responsibility for those training providers. That is how ashamed and shifty campus closures. Members should look at the list, government members are about this TAFE agenda. which includes campuses in Lilydale, Kyneton, Sunbury, Glenormiston, Prahran, Yarram, Heyfield, Let us be in no doubt that the borrowing powers Greensborough, Orbost, Swifts Creek, Mallacoota, proposed in the bill are linked to the government’s Cranbourne and a range of other places. They have all slashing of TAFE recurrent funding, including the latest come down the pipeline as the full impact of the cuts rounds of cuts. They are linked to the removal of the comes into force. funding for the government’s community service obligations for TAFE. Labor is committed to restoring This government takes no responsibility for those that funding. At the next election that will be a major closures. Members opposite say, ‘Oh, well, that’s a issue in the TAFE sector in every country town, in problem for the TAFEs’. That is not the view of many every regional centre and on every suburban TAFE people in the communities that those TAFEs used to campus. The borrowing powers are linked to the end of serve. Quite frankly, that attitude is an insult to people government funding for capital works. That is such as those at the Glenormiston campus of South apparently not the government’s problem anymore. West Institute of TAFE in the Premier’s own electorate TAFE capital works are not part of the government’s or, as I said, William Angliss Institute’s campus at thing. They are linked to the demand by the Cranbourne or GippsTAFE, which are facing a

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takeover. It is an insult to all those people. This before the full impact of these cuts came to light, and government ought to have some policy position on certainly before the latest round of toe-cutting measures what it considers to be training provision in those areas. involving TAFEs and community education in this state. On this side we are concerned that the government is laying waste to TAFE resources. It is shrinking its If members consider the litany of cuts to the sector at responsibility to TAFEs. Its members take the view, the Lilydale campus of Swinburne University, they will ‘We’ll slash your funding but give you borrowing realise 240 jobs are gone and thousands of powers. We’re not going to give you money; you can students — — be responsible for your own capital needs’. That is a pretty bad thing. Mr Wynne — How many?

I have to ask myself who is running TAFE in this state. Mr HERBERT — Two hundred and forty jobs are When I talk to people in the training sector, many ask gone at the Lilydale campus of Swinburne University. me that. The answer is really simple: it is the Thousands of young people from the outer eastern area Department of Treasury and Finance. If anyone thinks and Yarra Valley have been left without higher the Department of Education and Early Childhood education opportunities. Closer to my electorate of Development is running the TAFE agenda in this state, Eltham, we have seen the Greensborough campus of they are wildly crazy human beings — because Northern Melbourne Institute of TAFE (NMIT) close, everyone knows that is not the case. It may be because leaving young people in the north stranded whilst the unfortunate letter of the Minister for Higher NMIT seeks to move to Prahran to bail out the Education and Skills, in which he said he felt like government’s problem in its marginal seat of Prahran. resigning because of the TAFE cuts, got him into so Swinburne just walked away from its Prahran campus much trouble. It may be simply because the Department because it could not continue to run it with the of Treasury and Finance has the view that there should government’s funding cuts. We have seen Advance not be public provision for TAFEs in — — TAFE’s outer campus and outreach centres closed. We have seen South West Institute of TAFE campuses Ms Wooldridge interjected. closed, with agricultural education cut back. William Angliss Institute is absolutely on its knees because of Mr HERBERT — This is right on the bill because funding cuts in this state. it is about the borrowing powers of TAFE institutes as opposed to government funding of their capital needs. Recently Frankston has been at the forefront of MPs’ The issue here is that under this government an extreme minds. The Frankston campus of the Chisholm Institute economic rationalist view is coming from Treasury and of TAFE services an area with some of the highest Finance without any concern for the social, economic youth unemployment in this state. It is a campus that or community needs served by TAFEs. We know the provides one of the few options for young people along minister and the Department of Education and Early the Mornington Peninsula and in Frankston. The Childhood Development have no say in this. We know campus facilities are in desperate need of refunding. the department’s experts have been gutted. The We know it is broke. The cuts have hit it hard and it department is running so thin on talent that it is continues to sack staff. We know it has been pushed to spending millions of dollars on consultants who have take over GippsTAFE to try to get a few more assets on little or no experience whatsoever in running a complex its books. What is the response of this government? Is TAFE system. We have heard the contribution from the it, ‘We will build proper facilities there to meet the Liberals today — it is never about education, it is never training needs of your community’? No, it is simply, ‘It about community provision, it is about Treasury does not matter that you are broke. If you want to cost-cutting. It is about trying to gut public provision of improve your capital funding, you can borrow money education in this state. against your current financial situation and leave a legacy of debt for kids in the future’. The opposition The evidence is stark in terms of why every member says that is simply not good enough. should support the reasoned amendment I have moved here today. The Auditor-General’s report entitled As I said earlier, Bendigo TAFE — and this is Tertiary Education and Other Entities — Results of the unbelievable — is going to have to sublet part of its 2012 Audits shows that 10 out of 14 stand-alone TAFEs Castlemaine campus because it cannot afford the rent were assessed as being at medium financial risk for on that campus. NMIT is an interesting case in point, 2012. The report shows that the long-term sustainability and it needs special attention in this debate. With the of TAFEs in this state is at risk. That report was tabled government’s encouragement NMIT is going to close

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its Greensborough campus and purchase Swinburne’s legislation tacked on to another bit of legislation which Prahran campus. I have an assurance from the CEO of is about the further withdrawal of government NMIT that assets from that Greensborough campus responsibilities for public TAFEs in Victoria. I sell-off will be reinvested in the north and not go east to commend the amendment to the house, but really the the Prahran campus. bill is a disgrace.

When you have a look at that, you think, ‘Hang on a Ms McLEISH (Seymour) — I rise to support the tick, if NMIT had not gutted its reserves that were Education and Training Reform Amendment (Dual meant for capital works last year simply to stay afloat Sector Universities) Bill 2013. I am pleased to speak in and pay its staff, it would have run a deficit budget last support of this bill and also pleased to put on the record year’. It is saying that it is running a deficit budget this this government’s commitment to vocational education. year. So then you think, ‘How can it possibly find’ — We have increased funding to the vocational education what is it — ‘$30 million or $40 million to purchase sector as well as moved to put it on a sustainable Swinburne’s Prahran campus? How can it find the extra footing. I heard again from the lead speaker of the $10 million needed to fix it up so that it is suitable for opposition — it was woven through what he said — the the sort of training it wants to provide? How can a desal economics that the opposition is so renowned for. TAFE do that?’. The answer is simple: if you pass this When you have a sector that is on a non-sustainable legislation, the TAFE will be forced to borrow money footing it takes a coalition government that knows how to bail out this government’s failed policies and save to manage money and the economy to get things back the political hide of the member for Prahran. What a into shape and move things in the right direction. I am disgrace that is! pleased that this bill furthers the reforms we are making. The government is going to make this great TAFE borrow money to fix its political problems, with no Quite simply this bill has two purposes: firstly, to make guarantees about what will happen after that. NMIT is amendments to remove references to universities with ineligible for the TAFE structural adjustment fund, one TAFE divisions — and there are a whole bunch of would think, and that is what this bill is about. It would consequential amendments to this and a number of be really good if the minister were to rule out that other acts; and secondly, to amend the Borrowing and option so that once this bill passes, NMIT will not have Investments Powers Act 1987 to allow TAFE institutes to borrow money to bail out Swinburne’s Prahran to be given borrowing and investment powers under campus to save the political hide of the member for that act. I note the opposition has put forward an Prahran, who has made promises about everything. amendment that I am certainly not going to support, and I also note that in the absence of anything else it The truth of it is our TAFEs are in crisis. They lurch seems to be a continuing strategy for opposition from bad to worse — from terrible to absolutely members to put forward an amendment so they have disastrous — every time there is a cut made by this something to talk about rather than debating the bill. government. The government has absolutely no capacity to put an agenda in place for our public I also want to remind the house about the government’s TAFEs; in fact all it does is gut their capacity and run commitment to reforming this sector. Other than down their reserves and capital infrastructure. At the moving the sector to a sustainable footing what is really end of the day the government says the only policy it important is to have well-trained people ready to step has for the public provision of TAFEs in this state is to into the workforce. Education in this field is essential so tell them to borrow money to save their campuses, keep that people get the quality training they deserve to their courses going and provide opportunities for jobs. enable them to step into the workforce. We often hear As public providers if they come to us and say they of people who have undergone certain training not need money to operate because of the horrendous being equipped to go into the workforce. I hear this in TAFE funding cuts, the answer of this government is my electorate. Employers say that we need to do ‘No, they will have to borrow the money’. We do not additional work with those people. If that is the case, think that is good enough. we have some issues we need to look at.

This whole issue should be referred to the I also remind the house that one of our key outcomes at parliamentary Education and Training Committee to the moment is that government-funded vocational have a damn good look at it. It should have a look at the education and training enrolments in skills shortage capital needs and the current needs of TAFEs and then areas vital to the economy have increased from 49 per come back to this Parliament with advice on what cent to 69 per cent over the past year. It has been no should really happen. Instead we have this bit of secret that we want to make sure that we are providing

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subsidies in the courses that are going to lead to jobs. face constraints that reduce their ability to be effective That has been the crux of a lot of the changes that have and efficient. been made. I also put on record that rather than decreasing funding and making cuts, we have increased I provide the house with an example of how things have the amount of money we are putting into this sector. I changed since my undergraduate days. Today anyone am disappointed to see the member for Eltham, who wanting to undertake a branch of engineering at RMIT has made his contribution, doing a runner and not being has many options. As a postgraduate they can study by prepared to listen to our response. research or by coursework, or they can do a degree. They can also do a diploma, certificate, apprenticeship Mr Herbert — On a point of order, Acting Speaker, or traineeship. There is something on offer for people of in terms of the member for Seymour’s latest statement, a variety of academic strengths and backgrounds and the National Centre for Vocational Education Research with different areas of interest. There are certificates, has just said there is a 45 per cent reduction in training degrees and postgraduate courses in the mechanical, in this state. The funding has not kept going. electrical, chemical and biomedical sectors. There is quite a lot available. Within those areas the teachers can The ACTING SPEAKER (Ms Ryall) — Order! move between TAFE and higher education because That was not a point of order, and I do not uphold it. they might teach elements that are common to both. When you have to assign overheads and determine how Ms McLEISH — The member for Eltham is taking much of a person’s salary is attributed to their teaching the opportunity to be cheeky, I am sure. The act needs within the TAFE sector and how much is attributed to to be amended to facilitate broader systematic changes. their teaching within the higher education sector, it gets In the dual sector area we have an inconsistency in the a bit tricky. legislation. We have four universities that provide university-level courses — that is, higher education The dual sector universities have raised this issue with courses — plus technical and further education, or us over a number of years. They have spoken to the TAFE. The universities tend now to deliver those department about the administrative burden and the courses as a single entity. This causes issues for the difficulties associated with preparing separate accounts institutions in terms of assigning appropriations from, for their TAFE operations. We can see how things have for example, the state budget. easily changed with that integration, and the legislation needs to be amended accordingly. Three of the four universities — RMIT University, Victoria University and Swinburne University of I want to briefly touch on the amendment to the Technology — were established in 1992. The Borrowing and Investment Powers Act 1987, which University of Ballarat was established in 1994. At that will allow TAFE institutes to have borrowing and time it was a requirement that university TAFE investment powers under that act. As we have said time divisions be established so as to be separate from higher and again, with our model we want a competitively education functions. On a practical level, delivery of neutral vocational training market out there. Capital education through this mechanism has become investments being undertaken are typically subject to increasingly integrated. Teaching within the institution government grants. There is an issue with that because and the industry has been integrated — that is, teachers they are uncertain and they come in budgetary cycles, are working with the industry. That is a great thing, which may or may not work if institutes need to do because those teachers help recognise and identify something. So we are looking at retained earnings and skills the industry is in need of. Administrative borrowings. This is not about them saying, ‘Let’s just overheads and revenues have also been integrated, and roll up to the bank and say, “We want to borrow the sectors will have a common bank account. millions and millions and put ourselves at risk”‘. Programs have also been integrated, and universities benefit from such integration. We are not in the game of having dual-sector universities put themselves at financial risk. There The amendments we are putting forward will reduce would be a ministerial order to the Treasurer, who the administrative burden and costs that universities would go to the Governor with a request for an Order in face as a result of having to report on two separate sets Council. It would ensure that the institute is adopting an of financial accounts — one for higher education and appropriate level of risk with its borrowings, rather than one for TAFE. There is no doubt that the education the process just being open for all, as the previous market is competitive. We need to make sure that the opposition speaker made it sound. It would also act as a four dual sector universities I have mentioned do not control mechanism for the state’s overall net debt levels. The rules that apply to universities will continue

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to apply. I think what we are putting forward is sound, cut so they are no longer available or accessible to and I commend the bill to the house. many students and we are in the process of seeing 2000 jobs lost from the TAFE sector. We need to bear Mr BROOKS (Bundoora) — The Education and in mind that these jobs often involve people who have Training Reform Amendment (Dual Sector worked in TAFE education for many years and have Universities) Bill 2013 effectively does two main built up significant experience in the TAFE sector. This things. The first is that it amends the Education and is not something you can refund and reinvest in at a Training Reform Act 2006 to recognise the operation of later date and simply get that experience straight back dual-sector universities. At the moment they are the into the system. Because of these cuts we are seeing Royal Melbourne Institute of Technology, the experienced teachers and TAFE professionals leaving Swinburne University of Technology, the University of the system. In many cases their experience will be lost Ballarat — which is now known as Federation to the system forever. That is a great shame. University Australia — and Victoria University. That is a change that I do not think is resisted in any great We have seen that enrolments in TAFE are down. We sense from this side of the house. It reflects the current have seen this government sack 9 of the 14 TAFE practice and is part of the legislative framework that board chairs in a shameful attempt to prevent them already exists around dual-sector universities. This part from speaking publicly about the impact of the cuts. of the bill also makes some changes to a number of We have seen the TAFE share of the training market other acts: the Working with Children Act 2005, the drop from 66 per cent to a staggering 44 per cent. We Sex Offenders Registration Act 2004, the Corrections have seen a contraction in the TAFE sector because of Act 1986, the Serious Sex Offenders (Detention and the cuts inflicted by this government. None of the Supervision) Act 2009 and the Public Administration speakers we have heard from in the house today, or at Act 2004. other points in the public debate around TAFE cuts, have wanted to talk much about the cuts in the last That essential part of the bill is not as controversial and couple of weeks to the hourly subsidy rates for training does not raise as much concern as a further part of the courses. Many people would remember the government bill that I will outline. That is the part that deals with deriding the criticism of the TAFE cuts with the allowing TAFEs — not just the four I have mentioned, defence that the cuts were targeted at courses that were but all TAFEs — to apply to the Treasurer to take on described as mickey mouse courses. They were not real borrowings, by amending the Borrowing and TAFE training courses that led to people getting jobs; Investment Powers Act 1987. they were courses in things like fitness and other things that many members on the other side derided as not Let us make no mistake: this change has been brought important. about to allow TAFE institutes to take on debt because of the massive cuts that have been inflicted on the Leaving that debate to one side, it is interesting to note TAFE sector by this government. It is interesting that the funding rates for training providers that were listening to members opposite talking about and trying announced in the last couple of weeks include courses to defend the TAFE cuts. They talk often about funding such as certificates in construction, concreting, bridge provided to the training sector but are at great pains to construction and maintenance, small business not separate the TAFE sector from the broader training management, the Victorian certificate of applied sector. learning and mental health and aged care. All these courses have been slashed in terms of the hourly rate We have seen $1.2 billion ripped out of the provided to training providers. This clearly illustrates much-valued TAFE sector here in Victoria. We have that the government does not value those sectors; it seen no capital invested in TAFE by this government in does not value training in those sectors. It is saying to the 2012–13 budget. So it is no surprise that this the training market, ‘We are going to pay you less to government is now pushing TAFE institutes to take on provide those courses’. These figures have been borrowings to fund campus purchases or changes or provided by the government. They are of great capital improvements, because it has clearly signalled embarrassment to the government in terms of its claim to TAFE institutes that no money would be coming that it is investing in TAFE education. from the state of Victoria to support capital improvements at public TAFEs. I want to move on to the impact of campus closures. This relates directly to the aspect of the bill relating to The impact of that $1.2 billion cut to the TAFE sector the borrowing powers that the government proposes to has been evident for all Victorians to see. We have seen provide to TAFE institutes. I want to highlight a couple course fees skyrocketing, we have seen many courses of examples in relation to this bill. The first one flows

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from the closure of Glenormiston agricultural college. saved by Labor. We saw the Kennett government Just this year the government responded to the successfully sell off a number of school sites in the Education and Training Committee inquiry into area, and we are now seeing the Napthine government agricultural education and training. Page 8 of the trying to sell off — and unfortunately it looks as if it government’s response states: has succeeded in having sold off — the Greensborough campus of the Northern Metropolitan Institute of The government is committed to maintaining agricultural TAFE. This is a great shame. colleges in Victoria and will work with training providers to consider how these important assets can be used most effectively into the future. We have seen $1.2 billion ripped out of TAFE, and that has impacted on my community. I mentioned as an I will now quote something the Premier said in this example the impact on rural Victorians of the closure of place when in opposition. On 14 September 2005, Glenormiston Agricultural College. Victorian families when speaking about the then Bracks government, he want quality TAFE training options, particularly for said: their kids’ futures, and this government does not seem to understand that. These cuts mean, as I have said, that Recently the government has sat idly by and been a partner in we will have campuses closing and will see more of crime in the decimation of agricultural education in country Victoria. Whether it be the McMillan in Gippsland, the them go. We have seen course fees skyrocket. We have Glenormiston in the south-west or the Longerenong, the seen courses cut so that there are fewer options for campuses have been decimated and country education has young Victorians looking for training, and we have been decimated. seen 2000 jobs lost from the TAFE sector. The Minister for Agriculture has sat mute, doing nothing, while agricultural education in country Victoria has had the The member for Eltham has moved what I think is a guts ripped out of it by the Bracks Labor government. It is reasonable amendment, which is that this bill be sent to totally unacceptable. The agricultural industries are an the Education and Training Committee — which is a enormous opportunity for growth, development and government-dominated committee — so that it can investment in country Victoria. There is enormous opportunity to continue productivity growth. Agricultural have a look at its impact and the Parliament can industries are the major export earner for Victoria. Yet when properly assess that impact. Given the damage the cuts it comes to ensuring that there are proper training facilities in that were talked about are having on the Victorian country Victoria for agricultural education to produce a new community, I would not have thought it was an generation of farmers, agricultural managers and other people unreasonable proposition that we explore that as a who add value to agricultural production, this government stands idly by while the facilities are decimated. It is an committee. As a member of that committee, I can absolute disgrace, and the people of country Victoria will not safely say that the committee would welcome that forget that. reference.

I hope that the people of country Victoria do not forget Debate adjourned on motion of Mr BULL that it was this very government and the now Premier (Gippsland East). that shut the Glenormiston agricultural college; it was only a matter of months after the government response Debate adjourned until later this day. to the Education and Training Committee report was tabled that we saw the closure of that campus. PARKS AND CROWN LAND LEGISLATION AMENDMENT BILL 2013 The bill deals directly with the issue of borrowings by TAFE institutes. The lead speaker for the opposition set Second reading out our concerns about the Greensborough TAFE campus being sold off under this government to prop Debate resumed from 31 October; motion of up the sale of the Prahran campus of Swinburne Mr R. SMITH (Minister for Environment and University of Technology. This is of great concern to Climate Change). people in my community because it is on the edge of a growing population in the Doreen–Diamond Creek Ms NEVILLE (Bellarine) — I rise to speak this corridor. I know the member for Yan Yean and the evening on the Parks and Crown Land Legislation member for Eltham are both concerned about this issue Amendment Bill 2013 and to indicate that the as well. We are going to see fewer options for training opposition will not be opposing this bill. I want to thank in the Greensborough area because of this closure. the minister’s office for organising a briefing and to thank the departmental staff for providing a People in the Greensborough area saw the Kennett comprehensive briefing on the various aspects of the government try to close the Austin Hospital, which was bill. The bill provides for a number of changes largely

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in relation to Crown land reservations and national committed to it. Then in government they did all they parks. The main changes relate to revoking Crown land could to sabotage the project. reservations to facilitate three projects in Victoria, and we welcome these changes. The urgency with which they talk today — evident in the comments by the Leader of the House in relation to The first of these is the Ballarat West employment zone this bill and the importance of the Bendigo Hospital — development. The Ballarat West employment zone was is not supported by the financial investment provided to in fact conceived and commenced before the 2010 the Bendigo Hospital. You just have to have a look at election, with the then Labor government committing the recent annual report of Bendigo Health to see this; it funds to commence the detailed planning for the road shows the impact of the lack of appropriate funding project that would be a key enabler of the overall being provided to the Bendigo Hospital. The annual project. The project has always had bipartisan support report shows, for example, that only 44 per cent of and continues to have it now. The bill ensures that the category 2 elective surgery patients are treated within appropriate zoning will apply to the Crown land that is 90 days, which is well short of the 75 per cent target. part of the zone, and appoints the City of Ballarat as the We have almost 900 people on the waiting list, and on committee of management. The Ballarat West top of that we also see in the annual report that the employment zone master plan is a long-term, 20-year capacity of the intensive care unit has been reduced. plan. It is about ultimately delivering around 9000 jobs and generating about $5 billion in economic output per We support the changes in this bill, which will facilitate year. It will ultimately be home to key industries such this hospital development and meet the contractual as food processing, construction, transport and logistics deadlines the government has outlined today, but we and also some research and development. The potential want to see the urgency that is being applied to this bill over the 20-year period is enormous. and the changes contained in it extended to the building of the new hospital. We also want to see a similar The next element of the bill is to revoke the permanent urgency applied to ensuring that those people on the reservation and Crown grant that applies to land in Bendigo Hospital waiting list are not left to languish for Lucan Street, Bendigo, to facilitate the Bendigo months and months. Hospital redevelopment and other aspects of that development. The bill also appoints Bendigo Health as The other revocation of a Crown land reservation the committee of management. It was interesting that in relates to the East Werribee employment precinct. As I the debate today on the government business program am sure members are aware, this is about using part of in relation to this bill the Leader of the House indicated the Werribee Research Farm land that is no longer how critical it was that these changes be passed and put required for those purposes to enable the development in place before 1 January in order to facilitate the of the precinct, which according to this government will contractual arrangements for the Bendigo Hospital create new residential areas with about 7000 houses as redevelopment. well as business hubs and supposedly 58 000 new jobs. I think I remember during the announcement of this Of course, despite the urgent need for us to pass this development by the Minister for Planning that he found bill, the actual Bendigo Hospital project is running late. it pretty difficult to answer the question of how he In fact it is running nine months late. I think the turning thought this government could contribute to the of the sod was done sometime in August by the creation of 58 000 new jobs. This government has Premier, nine months later than it was supposed to overseen not the creation of new jobs but certainly in happen. Because of its mismanagement of the tender my community massive job losses. process, the government ended up dragging its feet, and here we are nine months late in terms of this project. Mr Dixon — There have been 14 000 new jobs, The irony is the government is creating a sense of which is more than any other state or territory. You are urgency around the contractual arrangements proposed lucky you don’t live in one of the other states. in this bill yet it dragged its feet all along. Ms NEVILLE — You should tell that to the Target This is a great project. It is certainly one that the Labor workers, the Avalon workers, the Ford workers and of Party supports wholeheartedly, and I know the local course those who work for Alcoa, given their members support it wholeheartedly too. The former uncertainty as well, in my community in Geelong. This government committed $55 million to it and put that government does not have a great record in creating money on the table in 2010. Those opposite did not jobs; it has a great record in losing jobs here in this originally support this project; it was only at the 11th state. There is no jobs plan at all to be seen, so this hour — just before the 2010 election — that they claim by the Minister for Planning that this precinct is

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going to create 58 000 new jobs must be taken with then by the courts after spending a lot of taxpayers some scepticism. To make this sort of announcement money here in Victoria, is now going to try his luck without addressing the fact that 7000 new houses and with the Abbott government. the families that go with them are likely to have a massive impact on the already congested West Gate Once again I heard the minister this morning claiming Freeway is incredible; there is certainly no strategy this is all about reducing fuel loads in the Alpine around that. This precinct has no strategy around National Park. He has made this claim again and again, providing public transport. despite the fact that in a previous Parliament a parliamentary committee looked intensively at this This bill also creates three new nature conservation issue, and despite the extensive amount of scientific reserves and makes a number of changes in relation to evidence that shows that cattle grazing does not reduce existing national parks. There is an addition of bushfire risk. If anyone were to look in detail at this approximately 470 hectares to 11 national parks. It is research, they would see that the evidence suggests the always good to see our national parks increasing, but opposite — that it may in fact increase the risk of fire. most of this is largely as a result of — not that I am This move is about nothing more than keeping The being critical; I think it is a good thing — land being Nationals happy. It is about nothing more than keeping handed over because of vegetation credits or tracks that those who contributed to The Nationals election coffers were formerly listed as VicRoads land and are now happy. It is not about good policy; it is not about a listed as part of our national parks. commitment to protecting national parks; and it is certainly not about a real commitment to reducing There is also additional land at Point Nepean National bushfire risk, because all the evidence suggests that it Park, and this is as a result of the proposed respite does not work and the opposite may in fact be the case. centre not proceeding. Some members may remember that the original agreement with the commonwealth set Mr Newton-Brown — What evidence? aside a part of the land for a proposed respite centre, with the proviso that if that were not to occur by June Ms NEVILLE — Let us have a look at the 2013, the quarantine station area would come back parliamentary committee report that looked at the fires within the national park, and that is what this bill that occurred in the Alpine National Park. Let us have a achieves. look at the research that has looked into this issue. We do not need another study, which is what the minister The bill also takes a road out of the Mount Buffalo has suggested. We know that cattle grazing does not National Park. It is an access track-type road that reduce bushfire risk. currently exists in the park, and I understand from the briefing I received a couple of weeks ago that it can be Earlier this year there was legislation before the upgraded to enable access between two lots of freehold Parliament that was all about allowing major land. This will enable one landowner who has a large-scale private development in our national parks. I business there to access another piece of freehold land spoke in that debate as many on this side did. Our through the national park, although others may benefit national parks represent such a small part of the overall as well. I raised some concerns at the briefing in land here in Victoria. They are not just a small part, relation to the conditions that might be placed on an they are the most important part of Victoria’s land. upgrade to that road, the protections that might be put in place in relation to the surrounding national parks when They have the most significant landscape and the most and if that road were to be upgraded and the use of that significant vegetation, flora and fauna. They are a very significant part of Victoria and have been established as road by the landowner who will have this road to link two bits of freehold land. national parks because over generations, over decades and across governments people have supported the Given this government’s record when it comes to need to protect that land into the future for future national park protection, I suppose the impact this bill generations. But here we have the government, contrary might have on the park pales into insignificance when to the practice in Victoria for many decades, allowing compared with other things the government has been large-scale development to occur in our national parks. doing in relation to national parks. Disappointingly we have had the minister this week — in the paper We are not talking about walking tracks — and we yesterday and on the radio this morning — again saying heard about that in the debate last time — rather, this legislation is about allowing 99-year leases. It will he is going to try to put cattle back into the Alpine National Park. The minister, who got knocked back by ultimately be large-scale development, hotel the federal government and the federal minister and development, that will not benefit all Victorians; it will

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benefit a particular group of Victorians. It will not long ago — in fact I remember it was in October significantly change the treatment of national parks because it was Geelong Cup Day and unfortunately I here in Victoria. It is absolutely out of step with was unable to attend as a result of the announcement — international and national management of national of the government’s intention to increase camping fees parks. Less than 1 per cent of 20 000 national parks in national parks where fees currently apply, which is in worldwide have any significant tourism infrastructure about 24 national parks, but also for the first time to in them, and where they do, it predates the creation of introduce camping fees in a number of other parks. the park. Fees in those 24 parks where fees are already charged Our national parks are unique. They are easily have always been increased in line with CPI increases. accessible and they have one of the highest visitations, That is appropriate and that is what families and people certainly in Australia, if not in other parts of the world. who use them would expect in places like Wilsons Almost all our national parks have townships very close Promontory, which are incredibly popular and have a to them and there are large tracts of private land that ballot system. The parks give families, often those with abut them. There are many opportunities for small disposable incomes, opportunities over a period development in the existing townships and on some of of time to access some unique areas of Victoria at an the private land that abuts the national parks that would affordable price. Increasing these fees in line with the have done a lot more for regional tourism than this bill consumer price index, as we do with most fees, is will do. Ironically, in this bill the government is also appropriate. However, the government has announced increasing the penalties for carrying out trade or its intention — and there is a regulatory impact business in the national park without authority. statement (RIS) process going on at the moment — to massively increase these fees. This will put the cost of Let me be clear: the opposition is certainly not camping in these unique areas out of the reach of many supporting carrying out any sort of trade or commercial families. I am not just making that up. The activities in national parks without authority. However, government’s own RIS suggests that it imagines that it was unclear to me after the briefing about the basis both the fee increases and the new fees will impact on for the penalties arising in relation to that issue. visitation and camping in our national parks. Apparently there have not been any significant incidents of concern that have led to this outcome, and In addition, the government claims the fact that only 24 it leads one to wonder whether this is again about of our 133 parks and reserves charge some sort of fee another incentive to go to private developers to say, for the use of facilities has meant that the cost of ‘We have toughened the laws to stop potential maintaining these facilities has outstripped the revenue competitors out there. You will have a 99-year lease, a raised. That is an extraordinary claim. In the case of free-for-all in terms of your commercial activity, which most of the parks and reserves that do not charge fees it will be ticked off by this government’. is because they have no, or very limited, facilities. For example, in the Alpine National Park and the river red Or is the government trying to deal with, for example, gum parks and reserves there are no camping grounds, the free-for-all that has been created by the firewood no wastewater services, no power and no visitor collection process that was all about reducing red tape? information or interpretation, and you would be lucky That has in fact led to the creation of more red tape in to see a Parks Victoria officer oversighting any of it. some areas where people have to prove through Thus visitors to these parks would be paying for no showing their licence that they live in the area. That benefit. was because we have seen a lot of Melbourne businesses, commercial operators, coming into our It also shows a failure to understand the real value of parks and collecting firewood free of charge, then our parks. We cannot quantify the value of our parks or selling it and making money. Again, I am not sure if the camping experience in terms of their monetary they would be covered by this legislation, but certainly value alone, and we should not try to do so, because it it is an activity that has occurred in many of our sets a different policy direction in terms of national national parks since the government has removed what parks. That is probably what led to the decision to allow was a decades-old policy for firewood collection — a private development. It also means that we make policy introduced by a former Liberal government. decisions like this — that is, the decision to charge people for visiting national parks. Some of the most The other big change by this government in relation to important values in relation to national parks are not the way it sees national parks, which is contrary to the monetary. It is about the experience, the protection of rhetoric that the government wants to encourage more unique flora and fauna and other environmental values. people to use our national parks, is the announcement I think it is MasterCard that has the advertising tagline

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‘Priceless’. The value of national parks is in many some of the decisions being made by this government, respects priceless. and ultimately our national parks will also pay a big price. Another aspect that was not measured by the government in making this decision was that parks In relation to camping fees we are going to have a contribute to local economies not only through tourism whole lot of administrative arrangements put in place but also through clean water and clean air. When you so Parks Victoria staff, what is left of them, will not be look back at the National Parks Amendment (Leasing out there doing what they are good at, which is Powers and Other Matters) Bill 2013 you see that there managing and protecting our national parks; they will was some acknowledgement of that. The government be administering these new fees. There will more red said it would not allow private development around tape yet no real money to invest in the facilities the catchment areas because it understood the importance government claims need upgrading and no staff to do of the clean water that is provided to Victorians from that work either. those catchment areas. However, if we are weighing up whether it is appropriate to charge the proposed levels At the time of the announcement I wondered whether of camping fees and talking about the value of our this is about trying to limit who has access to parks and about whether Victorians are contributing to holidaying in our national parks in order to create an them, we have to factor in some of these non-monetary even more amenable situation for private developers values. who might be considering undertaking a development with a 99-year lease in one of our national parks. These The other big thing about this is that even if you want to development projects will not benefit the average be completely ruthless and say ‘We can put a price on family in Victoria and certainly will not benefit our our national parks and Victorians’ use of them’, the national parks. reality is that the cost of administering and enforcing the proposed new fees, often in remote areas, will This government does not have a good record on the ultimately outstrip the money that is collected. That is environment. In fact it has a record that most Liberals why when we were in government we got rid of the who were in this Parliament in decades past would entry fees for national parks. The report showed us that cringe at. The government has taken us backwards the cost outweighed the revenue that was collected. compared to what is happening nationally and internationally and in terms of where we have set our The government has claimed that Parks Victoria has a sights in the past in protecting, enhancing, growing and shortfall in its budget. That is true, but this is an issue of maintaining our national parks in Victoria. the government’s own making. It is this government that has slashed the funding to Parks Victoria by Another aspect of this bill is that it streamlines how the $111 million. It is this government that has taken at parks charge is set each year. The metropolitan rate is a least 120 staff — if not more — from Parks Victoria, levy that residents of Melbourne pay towards looking compounded by a reduction of more than 400 staff in after our parks. The only issue here is that if I were a the environmental section of the Department of Victorian paying this levy, I would question whether it Environment and Primary Industries. What we have is is being put to good use, given the cuts to Parks less money and fewer staff to look after, protect and Victoria and its capacity to maintain and look after our maintain our national parks and their amenities. parks.

The government’s answer, despite its cost of living This government is all about undermining our national rhetoric, is to then say, ‘We’re going to charge families parks, whether by allowing cows to graze, allowing for camping in areas with few or no facilities, and we free-for-all firewood collection or making it more are going to increase the camping fees above CPI in our difficult for most Victorians to access them. The 24 most popular parks’. As I said before, the government considers only the monetary value of our government’s own regulatory impact statement shows parks rather than the environmental and non-monetary that introducing camping fees would result in fewer values that are just as critical, if not more important, in visitors. We know who is going to pay the price of this terms of why we have national parks in Victoria. policy: it will be low-income, disadvantaged families whose ability to go on holidays is often determined by Some of these changes are going to be hard to reverse, their ability to access national parks at affordable rates like building a hotel at Wilsons Promontory. Members may have seen the Victorian National Parks in our 24 most popular parks or camp without paying a fee in very remote camping areas with no facilities. Association’s Hands off Our Parks! campaign. Some Those families are going to pay the biggest price for members opposite may not remember the Hands off

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Our Prom! campaign under the Kennett government. Mr BATTIN — I note the interjection. I was polite People are gearing up again because the Prom is such enough not to interject while the member was speaking. an iconic area of Victoria. Hundreds of thousands of It is a disgrace that she misled the house by saying Victorians will get out there to protect that unique, those particular things. It is important for it to be known important and iconic area of Victoria, as they will the that this government will get on with the job and fix the Twelve Apostles and Otway National Park. problem of the $10 million deficit in the parks budget left by the previous government. That was pretty A couple of other smaller changes are contained in the ordinary. bill. One change relates to the Carlton Football Club lease. The bill extends the leasable area by This bill facilitates three changes that progress three of 0.16 hectares to include, as I understand it, an area that our most significant government projects. It is has been developed but was not in the original lease. important to emphasise that what we are doing through The bill fixes up that anomaly. There is also an the bill is changing land allocation. I will go through enhancement of how the Shrine of Remembrance trust each of those changes, but the first is the development operates, providing for a deputy chair to act as chair of the Ballarat West employment zone, which will be when the chair is not available. They are sensible and important to the Ballarat area as it grows. We are important changes. encouraging more people, through a decentralisation model, to move to rural areas, and I note that Ballarat is As I said, opposition members are not opposing the bill, one of the areas that will have population growth over but we are opposing the government’s policy direction the coming years. If you have population growth, it is when it comes to national parks. We are opposing cattle important to plan to have jobs available so that people grazing in the Alpine National Park, which is a practice can work in the area. You do not want people to move which goes against all scientific evidence and which to Ballarat but continue to travel to Melbourne. It is not will do long-term damage to the national park. We are a short-term plan; it is a plan covering the 20-plus years opposing private development, commercial until 2035. development and long-term leases in national parks. We are certainly opposing the changes proposed by this The Ballarat West employment zone plan will create government in relation to camping fees. These are just a around 9000 jobs. It will have $5 billion per year of number of the changes the government is putting in economic value for the community, and that is place that clearly send a message to Victorians that it outstanding for Ballarat. It is sure to support does not care about national parks in Victoria and that it employment locally so that people do not have to travel will continue to take us backwards. The opposition will to Melbourne. Talking about environmental effects, it is fight that every step of the way. a fantastic result for the environment. If people are working locally, there are fewer people travelling and Mr BATTIN (Gembrook) — It gives me pleasure fewer cars on the road, which not only is good for to rise to speak on the Parks and Crown Land congestion but will have a good effect on the Legislation Amendment Bill 2013. I will start by environment, which is a good result. considering the electorate of Gembrook, where we have some magnificent parks that are regularly used by the The second change is also time restrictive, and it is in community. We have the Bunyip State Park and others relation to the Bendigo Hospital and changing the land right through to Warburton. They are beautiful areas, allocation in the Bendigo area. This government is and because I work in those areas I have an investing $630 million in one of the largest hospitals in understanding of why it is important to protect them the area and in rural Victoria, if not in rural Australia. and ensure that they remain and get maximum benefit While the opposition talks about the government not just now but for the future. having to be dragged kicking and screaming, since coming to government we have changed the planning I want to clarify a few points made by the opposition and the scope of works for the hospital, and we also lead speaker, and the first was in relation to levies on have some private investments. We will expand the camping, although the bill is not actually about that. I hospital so that it will be the one of the largest around, want to clarify that of the 135 camping places in but it will also create opportunities in the area for Victoria and 98 will not have fees. The reason we are private enterprise, and again that is important. It is yet increasing the fees in those areas is the disgraceful mess another thing that creates jobs. the facilities were left in by the previous government after its failure to invest in them. Bendigo is another area that will experience growth, particularly over the coming years as people decide to Ms Neville interjected. make a change and move up to Bendigo. Acting

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Speaker, you would understand 100 per cent how Boeing aircrafts is exactly as it should be. It has to have important it is to have investment in that area, and not precision to the millimetre, and it is all based on just government investment but private investment. By technology and the machinery they use. It does not working together and having shops as well as the have to be just in that area either. Obviously I want that hospital we will create a fantastic zone which will allow business to stay in Berwick, but as we see the people to come in and work and get their own development in future and see other companies come enterprises up and running. We have fantastic people on board with the growth in airlines and so on, they are who are very smart thinkers and very good small the sorts of positions that can expand, and the thinking, business people throughout Victoria, and therefore why projections and planning can all move up into areas like would we not encourage them and create an Ballarat and Bendigo, which will be very good for the environment in an area like Bendigo where they can local community now but also for its future by ensuring invest, and then the benefits will go back to the that it has that opportunity. community with employment? It will be fantastic for the area up there. Another part of the bill deals with enhancing Victoria’s parks system, which is extremely important. I am lucky The final significant government project in the bill is to have many of those parks in my electorate, and the the East Werribee employment precinct. Again, this is bill will add approximately 470 hectares to Victoria’s about bringing East Werribee on line and ripe for parks system. It includes the Brisbane Ranges, Great employment in the future, creating 7000 new homes Otway, Mount Eccles, Point Nepean and Wyperfeld and, in the words of the Minister for Planning, bringing national parks, as well as the Arthurs Seat State Park. into the town the model of a 21st century city. The These are very important parks to Victoria, some of overall result of this project will be the creation of which, such as Arthurs Seat, have had investment in the 58 000 jobs in Werribee. In Parliament we talk past. extensively about transport and people using the roads and the congestion that causes, and this government is One of the other provisions of the bill is for greater getting on with the job. protection from unauthorised commercial activity in national parks. I note that the opposition was talking We are building the east–west link to ensure that we about commercial investment. This is a very important can get rid of some of that traffic congestion. We are part of the bill — to ensure that the commercial also improving public transport, which will assist in activities that go on in parks are not unauthorised. We taking cars off the road, but areas like the East Werribee have seen recent examples of what we mean by that in employment precinct are vitally important. If we can relation to paintings and so on on Crown land. We create 58 000 jobs over there, we have the potential to think that is inappropriate, and we want to make sure take 50 000 cars off the road, as people will no longer we have protections in place so that that does not have to travel, and it is fantastic if people can live and happen again in the future. work locally. It is fantastic that the Minister for Environment and This is happening all over the state. I represent the Climate Change has dedicated the time to the bill to Gembrook electorate, and we are looking at developing ensure that we have the timing right and to ensure that employment land in Pakenham and creating local jobs we can get on with the government program, because it down there. At the moment more than 60 per cent of is about creating jobs, creating employment, getting people from the shire of Cardinia travel out of the shire people to live and work locally, creating private as well for work — they jump onto the Monash Freeway and as public investment in our community and making head into town. Rather than continuously building new sure that Victoria and our economy continue to grow. infrastructure, we could create opportunities to get them However, of most importance from the point of view of to work locally. I note that the Minister for the Minister for Environment and Climate Change is Manufacturing is at the table. He has been down to our that the bill is about protecting the environment and area and seen the fantastic businesses down there. They doing everything we can to get cars off the road and are leading-edge businesses, and we can create these doing things in small and in big ways to protect the sorts of businesses over in East Werribee and up in environment across the state. I commend the bill to the Ballarat, and there is plenty of opportunity for them house. because they do not have to be in a specific area. Mr HOWARD (Ballarat East) — I am pleased to One of the businesses down our way actually designs add some comments with respect to the Parks and and builds parts for Boeing. It is precision engineering, Crown Land Legislation Amendment Bill 2013, which and it is vital to ensure that the metal that is cut for the is before the house. As we have heard from other

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speakers, there are several aspects to this bill. Part of it the agricultural areas around Ballarat — biomass from relates to the revocation of three parcels of Crown land, those areas — being brought to the co-generation plant one of which is of particular interest to me — the part to produce not just electricity but also heat to meet the that relates to the Ballarat West employment zone. I needs of some of the industries in the employment zone will start by talking about that, because as a resident of and also possibly to meet needs outside the Ballarat and one of the MPs supporting the Ballarat employment zone in the future. This is an exciting area I think it is necessary to ensure that we keep on opportunity. There are also plans for logistics track with plans to build employment opportunities for industries, research and development industries, Ballarat. wholesale trading, a mining sector and equipment industries, which are already in Ballarat. There is Under the Bracks and Brumby Labor governments, therefore a great range of industries that can be attracted particularly in the time of the Brumby Labor to this area. government, the concept of the Ballarat West employment zone was developed. The Ballarat City As I said, the zone was under way under the Brumby Council recognised that in order to meet Ballarat’s Labor government, and some people would be future employment needs we needed more industrial disappointed that the plans to develop this site are land, and the site of the present Ballarat airport area was advancing a little more slowly than we would like. We considered to be an important site to develop for this would like to see them advancing at a greater rate purpose. An area of 438 hectares of Crown land because there are some industries that would have associated with the Ballarat airport is presently required already liked to have moved on site but have not been to be used for airport purposes, but the revocation able to, and we may have lost some of those allows it to have more flexible uses and passes it to the opportunities. We need this bill to go forward, and we management of the City of Ballarat. This is a sensible need further energy to come from this government to way of ensuring we can get moving with this plan for support the plan so that we can see those industries the Ballarat West employment zone. move in there sooner rather than later and so we can get this exciting opportunity up and running. I hope that As we have heard from other speakers, this zone is will be the case in the very near future. envisaged to provide for the employment of around 9000 people over coming years, with $5 billion in We know there are other issues associated with the bill, economic return annually, so clearly this is very including the revocation of a reservation associated important to the people of Ballarat. This zone comes on with the Bendigo Hospital. I am not sure why it is the back of work the former government did with the taking place so late; this is another project that should University of Ballarat Technology Park, where we now have been delivered by now. Some aspects of the have more than 1000 people employed in high-tech development of the Bendigo Hospital project seem to areas. The relocation of the State Revenue Office to the be taking place slower than would have been hoped. technology park in Ballarat was clearly an important There are also the plans for the East Werribee matter. That park is developing and offers continuing employment precinct. opportunity for the development of high-tech industry. The other parts of this bill relate to adding some land to The Ballarat employment zone is a different type of our national parks, and I notice that amongst those development. It is close to the Western Highway and so national parks is the Brisbane Ranges National Park. provides great opportunity for vehicle access, and the Some 22 hectares are to be added to the Brisbane plan for an intermodal hub is in place and has been Ranges National Park, which is in my electorate. That supported by a federal government grant of $9.1 million is encouraging, but as the lead speaker for the announced earlier this year by what was then the opposition, the member for Bellarine, pointed out, we federal Labor government. That is clearly going to help have concerns about the way this government manages there. The fact that there is an airport on site and also a its national parks. We know members of The Nationals rail line that goes into the site means there are are never supportive of the creation of national parks. It opportunities for all forms of transport — aviation, road seems that they try to denigrate the value of our and rail transport — to operate out of the site. national parks at every opportunity.

There are also exciting plans to develop the site with a Of course we know there is a push to allow cattle back bioenergy co-generation plant. This co-generation plant in the Alpine National Park, and there is a lack of in the park is a particularly exciting concept in terms of appreciation of the environmental values of our national the park’s development. It will involve waste from parks under this government. But there are at least signs municipal origins as well as waste or by-products from of opportunities which we would love to see greatly

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enhanced through better support for our national park water-based activities. A lot of waterskiing, system and the provision rather than the loss of more wakeboarding and general boating activities go on staff in the Department of Environment and Primary around that area. It is also a great location for families Industries. I hope that can continue — if not under this who enjoy camping, with Bunga Arm being a good site. government, then under a future Labor government. I note some of the comments that have been made about the increases to camping fees in some locations in I am certainly pleased to see that under this bill we are Victoria, which is another case of the government taking further steps with the Ballarat West employment having been left a massive black hole in relation to zone, as I have identified. I hope that we can see the funding arrangements. Ballarat West employment zone developing rapidly to provide employment opportunities for the people of These national parks, like the Gippsland Lakes Coastal Ballarat and the region in the future. I look forward to Park, are very environmentally sensitive areas. They are that taking place. great places to see a lot of the flora and fauna that exist in our area, and parts of those parks are listed under the Mr BULL (Gippsland East) — It is with great Ramsar Convention on Wetlands of International pleasure that I rise to make a contribution on the Parks Importance, especially in relation to waterfowl habitat. and Crown Land Legislation Amendment Bill 2013. I The lakes attract the largest concentration of migratory have noted some comments from both speakers on the waders in East Gippsland and are host to a number of opposition side in relation to there being great concern habitats that are important for the continuance of some about the way this government and the conservative vulnerable species such as fairy terns and little terns. side of politics handle national parks. I would have The park also supports a wide range of animals such as thought that the best people to assess how we handle kangaroos, possums of all descriptions and wallabies. It national parks were the people who live in rural and truly is a fantastic place to visit. regional Victoria, and it just so happens that we hold all the seats there. I think that pretty much speaks for itself. The additions to these parks include several areas which various entities have purchased and transferred The bill contains a number of amendments that will to the Crown to offset the clearing of native vegetation facilitate several government projects aimed at elsewhere. The additions include areas of remnant strengthening Victoria’s economy and others that will native vegetation, habitat for threatened fauna and areas enhance Victoria’s parks system. Initially I would like of cultural value. Some of the other additions that have to make a few comments on part 4 of the bill, which been made to the park system are redundant makes several amendments to the National Parks Act government roads which I am sure all would agree are 1975, including to enlarge various parks and to increase far better suited to being within the national parks the penalties for unauthorised commercial activities that system. The 1.3 hectare addition to the Point Nepean occur in parks. The bill will enhance the parks system National Park comprises land excluded from the park by adding approximately 470 hectares to 11 parks for a possible respite centre. When the quarantine under the National Parks Act. I note that the member station area became part of the park back in 2010 the for Ballarat East mentioned the Brisbane Ranges agreement between the state and the commonwealth at National Park. The Great Otway, Mount Eccles, Point the time providing for the transfer of that land for the Nepean and Wyperfeld national parks will also be quarantine station contained a provision that if the extended, and 6.9 hectares will be added to the Arthurs respite centre was not established by 30 June 2013 or Seat State Park. There will also be additions to the had ceased to operate the land would be added to the Dandenong Ranges and Yarra Ranges parks, to the park, and this is what is happening as a consequence. Lake Tyers State Park and the Gippsland Lakes Coastal Park in my electorate of Gippsland East, and to the The bill also provides for the closure of several sections Cape Liptrap Coastal Park. of redundant government road that still exist in locations like the Mitchell River National Park, another These are very popular tourist destinations, Acting park in my electorate, and Lake Tyers State Park, and Speaker, and I am sure that on your forthcoming trip to makes minor corrections to the plans of several other my electorate over the Christmas break you can take in parks. Gippsland East, as I said, has a fantastic network some of the magnificent sites and national park of parks, both coastal and inland, I might add, that are experiences that exist up my way. The Gippsland Lakes very popular with visitors year round and a great Coastal Park is one of those. It takes in much of the attraction for not only visitors across our state but land that separates the iconic Gippsland Lakes and Bass across our nation, as well as international visitors. Strait. Its beaches are very popular with swimmers and anglers, and they make a great base for a number of

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As was pointed out by previous speakers, a number of planning powers to the City of Maribyrnong. There is these parks are very important to our local economies. currently an arrangement in place that brings a section The economies of a number of townships, particularly of the CBD of Footscray under the jurisdiction of the those in the far east of the state such as Cann River, Minister for Planning. Since the minister has held his Mallacoota, Orbost, Marlo and even Lakes Entrance, position there has been a total disconnect between him are very dependent on the visitors who come to these and the community over a lot of the planning work parks. They are very important. done in relation to how Footscray is to be developed. This work has included a skyline study, which has led Part 2 of the bill provides for the revocation of a to height limits being set for Footscray’s CBD to ensure number of permanent Crown land reservations and that development meets the needs of the community, Crown land grants to progress three significant that it is sustainable and that we have a well-planned government projects. These projects are at Ballarat Footscray that welcomes development. West, Bendigo and Werribee East. It will also facilitate the reservation of certain land in northern Victoria for a Recently the minister arbitrarily decided to grant variety of purposes. I note that the Deputy Speaker is approval to developers of a building whose height is now in the chair. The Ballarat West employment zone well beyond what was listed in the skyline plan development was touched on by the member for developed by the council in consultation with the Gembrook in his contribution, and he spoke about the community. This is an absolute shame, because there is enormous benefits that project will provide to that a great opportunity for Footscray to develop in a way community and its economy. It is located on the that provides amenity for the community and allows for north-west fringe of Ballarat and covers 623 hectares, the social and physical infrastructure required to sustain including 438 hectares of Crown land. It includes the kind of growth that could occur in Footscray given Ballarat Airport and is adjacent to existing rail it is so close to the CBD. This opportunity is being infrastructure and the future western link road. missed because no actual planning is taking place in Footscray — the minister just says yes to every major An honourable member interjected. development. Two 31-storey developments are being built right on the banks of the Maribyrnong River, Mr BULL — No, there is cattle grazing there — no despite the minister himself having said that the fire threat there. Maribyrnong and Yarra rivers should be protected from The development of the zone for industry will provide a these developments. Maribyrnong is not being significant boost to the local economy as it is expected protected, which is an indictment of this minister. to create up to 9000 jobs and generate $5 billion in I urge the minister to again review whether he should economic activity when fully developed by 2035. The hold the power to make these decisions. I urge him to government, through Major Projects Victoria, is give this power back to the council, which will take into working with the City of Ballarat to progress this account the needs of the community and the need for initiative. The bill also covers developments in relation development in Footscray, which it accepts. There has to the Bendigo Hospital as well as the East Werribee to be appropriate rather than inappropriate development employment precinct, which proposes development in Footscray. This minister has no concept of or care for related to the Werribee State Research Farm. the community of Footscray and its surrounding areas. I This is a common-sense bill. I wish it a speedy passage. urge him to give planning powers back to the council so I commend it to the house. it can take care of the people of the city of Maribyrnong and ensure that development is sustainable and provides Business interrupted under sessional orders. community amenity and physical infrastructure that makes lives richer rather than poorer, which is what is ADJOURNMENT occurring under the minister’s administration.

The DEPUTY SPEAKER — Order! The question is: Gravity Zone

That the house now adjourns. Mrs BAUER (Carrum) — I wish to raise an adjournment matter with the Minister for Innovation, City of Maribyrnong planning Services and Small Business. The action I seek is that the minister suggest initiatives to assist Gravity Zone in Ms THOMSON (Footscray) — My adjournment Seaford. Gravity Zone is located at 25 Oliphant Way, matter tonight is addressed to the Minister for Planning. Seaford. It is housed in a 4200 square metre factory, The action I seek from the minister is that he return which includes a trampoline adventure centre featuring

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158 trampolines, dodge ball courts, high-performance Hanover Street, Oakleigh, bridge upgrade zones, foam pits and an adventure playground for little children. It contains activity zones suitable for all ages Ms BARKER (Oakleigh) — I raise a matter for the and levels of experience. These zones range from those Minister for Public Transport concerning the upgrade of suitable for preschool littlies to high-performance the Hanover Street railway bridge in Oakleigh. The zones. There is also a cafe that serves fantastic food and action I seek is that as a matter of urgency the Minister drinks. for Public Transport instruct Metro Trains Melbourne and VicRoads to immediately commence longer A few months ago I was fortunate enough to visit and working hours to complete this important upgrade. meet with owner Paul Davies and have a tour of Gravity Zone before it opened its doors to the public. The condition of the Hanover Street railway bridge has For the benefit of members here this evening, I did not been of concern for some time. The bridge is 100 years have a bounce on the trampoline, but that is something I old, and constant repairs have been required for may do in the future! I was delighted to see a new local potholes on the bridge which simply opened up once business providing employment for close to they were fixed. Concern was also expressed about 100 members of our community. whether the increased traffic load on the bridge had caused structural damage. Because the bridge is a vital As soon as the premises opened, the feedback from the entrance to the Oakleigh shopping precinct, something community was fantastic. Children and young adults needed to be done. enjoyed their visits, whether during the school holidays, as a birthday celebration or even as part of a corporate I thank the Minister for Public Transport for his prompt event. Sadly for the owners, Gravity Zone experienced attention to this matter. I wrote to him in March this a large fire at its premises early last month, not long year asking who was the responsible authority for the after its official opening. The fire is believed to have bridge — that is, Monash City Council or Metro — and started accidentally in a foam pit, and it took close to asking him to clarify which had responsibility. I asked 20 Country Fire Authority and Metropolitan Fire him for detailed advice on whether any investigation Brigade crews 4 hours to bring the fire under control. I about the strength and long-term viability of the current commend our firefighters and emergency services structure had been undertaken, and whether any works personnel for their quick response. The fire started in were proposed. The minister replied promptly to inform the middle of the night — at 1.30 a.m. — and continued me that Metro had been granted funding to upgrade the to burn until after 5.00 a.m., causing excessive damage. structure. Members of the local community were devastated to hear of the damage and expressed concern about the I wrote again in early May to ask when the works three people who were taken to Frankston Hospital would be undertaken. Again the minister responded suffering from smoke inhalation and minor injuries. promptly, and his response indicated that the scheduled works would begin on 24 August and be completed by I am pleased to report that the people at Gravity Zone February 2014. However, a notice issued by Metro with are in the process of rebuilding and cleaning up the regard to the works indicated that the bridge was premises, and they hope to open once again early next expected to be closed from 23 July until the end of year. I am proud of the support our Victorian coalition November. Further to that notice, and particularly in government provides to small businesses through response to concerns from local traders about the various initiatives which help to improve small business closure of this important inroad, advice was given that productivity, encourage small business innovation, the work would be completed by early December to promote a fair and competitive small business ensure that the bridge, and therefore road and environment and cut red tape for small businesses. All pedestrian access, was open before the Christmas of these are paramount for this government. period.

There are well over half a million small businesses A large number of concerns have been expressed to me actively trading in Victoria, and they are an essential about the length of time, but I have been clear in saying part of the Victorian economy, representing 96 per cent that this is very important work in terms of the safety of all businesses. As Gravity Zone is in the process of and structure of the bridge, that the work must occur recovering from the fire, I am sure that the company and that there is a need to be patient. Signs were put up, would welcome any advice or support the minister and these signs clearly indicate that the road will be could provide during this difficult time. closed from 23 July to December. It has now been conveyed to me that the works will not be completed in this time, and that the time line has blown out to March

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2014. This will be a very big problem for Oakleigh entry into the sport of sailing for people from all walks traders and local residents. of life and of all ranges of experience and ability. The club offers a range of sail training activities, ranging We have observed the current work pattern, and more from Tackers for younger sailors all the way through to recently a large number of people have asked me why novice adults. Of particular note is the Sailability the work is not undertaken for longer hours on a daily program, which introduces people of any age group and basis and weekends. I visited the site last night and took any degree of ability to the sport of sailing. Participants a photo at 5.50 p.m., and it is clear that no out-of-hours come from not only the general community but also work is being undertaken. Monash City Council is also disability, sport and recreation organisations, special involved in this project, and I urge its staff and development schools and other disability organisations. councillors to join me in requesting these longer Whether you have no disability, are an older person or working hours. perhaps have some degree of physical or mental impairment, Sailability offers the opportunity to get out I am pleased to provide the minister with the notice on the water. It is an excellent program. I commend the issued by Metro, a photo of the sign and the photo I club on its commitment to the community and the took last night at 5.50 p.m. I again ask that the minister enthusiasm it brings to the task of making its sport ensure that work hours are extended so that workers can accessible to others. get on with the job at a quicker pace, particularly in light of the fact that daylight saving is in operation, The regatta is a very significant event during the which will provide greater opportunity well into the summer sailing season on the peninsula. It brings many evenings and also on weekends. This is very urgent. I people into Mornington, with spin-off for our shops and know that the minister has taken it on board already, fine-food establishments, but most of all it offers the but I — — opportunity for us to showcase our magnificent Mornington harbour and the skills and commitment of The DEPUTY SPEAKER — Order! The the Mornington Yacht Club to its sport. I commend the member’s time has expired. club for its initiative in seeking to host such a Australian International Optimist Dinghy significant event and its success in achieving that opportunity. I wish it well over the summer season and Association championships in particular in early January, and I urge the minister to Mr MORRIS (Mornington) — I raise a matter for support the club in its endeavours. the Minister for Sport and Recreation. The Mornington Yacht Club has been chosen to host the 2014 Australian Victoria Police bands International Optimist Dinghy Association Australian Mr EREN (Lara) — I wish to raise an urgent matter and Open Championships in January. The action I seek for the attention of the Minister for Police and from the minister is that he support the club in its Emergency Services. The action I seek from the endeavour to host this important sailing event. minister is to realise the impact of the Napthine government’s $100 million cuts to the Victoria Police The championships will be held from 4 to 11 January, budget, which has resulted in the Victoria Police and it is expected that more than 300 boats will Showband and Code One rock band being disbanded. compete in what will undoubtedly be one of the premier sailing events on Port Phillip Bay during the On the weekend I had the great pleasure of attending summer season. the Victoria Police Blue Ribbon Foundation and Geelong Combined Emergency Services Black and The Optimist is a single-handed dinghy. Its design first White with a Splash of Red Ball. The ball was a took to the water in 1947. It is now one of the most fantastic evening, with proceeds from the night going popular sailing dinghies in the world for sailors under towards Give Where You Live and Geelong Hospital, the age of 16. It was first introduced in Australia in the which are both very worthy causes. I was pleased to 1970s, and in recent years it has become enormously have organised two tables for the event as part of the popular. There are now over 1400 of these boats hundreds of people who attended that night. I registered nationally, and they are sailed in every state congratulate and thank all of the people involved in in Australia. Optimists provide an invaluable training organising such a successful evening. The night was experience. At the Beijing Olympics 85 per cent of the full of lively banter, featured a performance by a medal-winning skippers were former Optimist sailors. Michael Jackson impersonator and had fantastic music The Mornington Yacht Club has a long and proud by the Victoria Police Code One band, who had history. Founded in 1946, it has long provided a perfect everyone up on the dance floor, dancing the night away.

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This band brings communities together and brought so The DEPUTY SPEAKER — Order! The much joy to the over 500 people who attended the event member’s time has expired. at the Geelong Arena in North Geelong over the weekend. To my surprise, during the night I was Mildura electorate family violence presented with a petition to sign to retain the band. I can assure the house that hundreds of people had signed the Mr CRISP (Mildura) — I raise a matter for the petition on the night because they, like me, were attention of the Minister for Community Services. The disgusted that the government could stop this important action I seek is further investment in the Mildura community service. electorate to help prevent family violence. Today Parliament supported White Ribbon Day. We all went The DEPUTY SPEAKER — Order! Could the to the front steps and held a banner to make a member say again exactly what it is he wants the commitment to end violence against women and minister to do? children. We all know that this violence is unacceptable, and in my electorate police statistics Mr EREN — I want him to actually realise the show something that is quite concerning. impact that the cutbacks to the police — — From Victoria Police law enforcement assistance Mr R. Smith interjected. program data we find that between 2008–09 and 2013 in the Mildura region the number of incidents involving Mr EREN — I want him to ensure that Victoria family violence have risen from 1260 to 2600, so they Police can retain and continue its Showband and Code have doubled. Charges relating to that family violence One rock band. Government members can make fun of have risen from 213 to over 1000. Incidents in which this, Deputy Speaker, but it is not a laughing matter. children were present have risen from 335 to 770. The minister should know better. These are well above the state averages, and in fact they are probably about double the state averages for The DEPUTY SPEAKER — Order! I am trying to interventions. These figures are family incident reports help. The member is asking the minister to take action and are stated in rates of per 100 000 of the population. to ensure that the band is able to continue. Clearly a number of things cause this to happen. Mr EREN — Correct. We all know some of the familiar ones, such as drugs, The DEPUTY SPEAKER — Thank you. gambling and mental illness, but overall it is still bad behaviour towards families, and we need to break that Mr EREN — This band has been part of the Blue cycle of bad behaviour. We have an existing program, Ribbon Ball for many years and is part of the reason which is the men’s behaviour change program. It runs why many people attend the event, knowing that the over 10 weeks and can be court ordered or voluntary. entertainment will be amazing. The proceeds go towards fantastic community initiatives. The proceeds The figures are rising and this program does work, so from last year’s event were part of a more places are needed. The cost of violence to the $250 000 commitment by the Victoria Police Blue family is terrible, and sometimes it cannot be measured. Ribbon Foundation to fund a children’s treatment room However, the cost to the community can be measured, at Geelong Hospital and the redevelopment of the and it is huge. We need to think about the time and Cotton On Foundation children’s ward. effort expended by police — and I pay tribute to police officers because they are generally on the front line The band not only provides the enjoyment of musical where it all begins — as well as the justice system, performances but it promotes a positive image of the child protection, health-care and mental health-care police force to the community and connects with people services and lost time at work. The costs must be in the through music. It is about time that the minister billions of dollars, so I seek funds from the minister to acknowledges the work of this band and realises that support programs that will change violent behaviour these cuts affect communities across Victoria, including and help us break the cycle of family violence. the Geelong community. I do not believe it is justifiable, given the return on investments of the Questions on notice responses Showband and Code One in their fundraising activities for the community. Again I urge the minister to Mr PERERA (Cranbourne) — I wish to raise a consider the very real impact these cuts have on the matter for the Minister for Multicultural Affairs and community and Victoria Police, and I urge him to make Citizenship. The action I seek is that the minister sure that — —

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answer six questions on notice that I have submitted in person holding a responsible position. It is high time the this place. minister grew up, took some responsibility and got into the habit of — — On 17 September 2013, which is about 68 days ago, I submitted the following questions on notice — that is, The DEPUTY SPEAKER — Order! The question 4462: how many embossed leather satchels member’s time has expired. were purchased by the Victorian Multicultural Commission (VMC) at a total cost of $2000.25? Who Piping Hot Surfing Festival received these satchels, which were paid for by the VMC? Did the minister receive a leather satchel with Mr KATOS (South Barwon) — This evening I rise his name embossed on it? Who is responsible for the to make a request of the Minister for Sport and purchase of the embossed satchels? Recreation, and it is great to see him in the house. The action I seek is for the minister to support a funding In relation to question 4464 I refer to the minister’s request for the 2014 Piping Hot Surfing Festival, to be response to the adjournment matter I raised on held from 3 to 7 January 2014 at Bells Beach. This is a 20 August 2013, in which he said: terrific festival that comprises four events: a men’s and a women’s 1-star world qualifying series event and a Independence is the benefit we get from splitting the Office of boys and a girls 1-star pro junior event. The Piping Hot Multicultural Affairs and Citizenship and the VMC. Surfing Festival will attract approximately If the VMC is fully independent, how is it that the 400 competitors and support staff to the Surf Coast minister was able to block the release of the research region. Surfing is embedded in the Torquay and Surf report on white supremacy activities completed well Coast community and culture. This event will bring over a year ago by the VMC? What does the minister high-quality surfers to the region and also give really mean by an independent VMC? Victorian surfers the opportunity to gain valuable rating points for the Association of Surfing Professionals In relation to question 4465, I refer to the minister’s world tour. response to the adjournment matter I raised, in which he said: Surfing Victoria has made an application seeking funding under the Significant Sporting Events program. I have not stopped him from attending any of the VMC I must commend Surfing Victoria for the great work it meetings, nor have I stopped him from talking to any of the does in Torquay and the rest of the Surf Coast and commissioners. throughout the state, particularly with Indigenous and If that is the case, why is that in the documents I young surfers. Max Wells, who is based in Torquay, received from VMC under FOI all pages of regional does a tremendous job at Surfing Victoria and is to be council minutes were blanked out? commended as well. The funding program helps sporting and community event organisations deliver In relation to question 4466, can the minister explain significant sporting events in Victoria. The program, what really has been achieved by the eight multicultural through the event assistance grant and event regional councils since they were set up for operation? development grant categories, provides funding support for events that are national or international in focus or In relation to question 4469, how is VMC independent regionally significant and recognised by the relevant of the government? In relation to question 4463, who sporting authority. paid Lander and Rogers Lawyers, which investigated the complaints of bullying and harassment at the VMC? I believe the 2014 Piping Hot Surfing Festival meets the objectives of the Significant Sporting Events This is a serious matter. These are not things that the program. It will attract a significant event to Victoria minister can keep covering up forever. Why is the which will enhance the reputation of the state as a host minister arrogantly avoiding answering the questions, of events. It will assist the regional community of the unlike other ministers, who come up with some Surf Coast to build its event capacity and attract further answers for questions on notice? Is it because the significant sporting events. It will also assist sporting minister has got a lot to hide, or is it just because of associations in Victoria to develop elite and semi-elite laziness, which makes him unsuitable to be a minister? competitions, increasing the opportunities to host and It is not a good enough excuse to state that the last attract larger and international events in future years. It minister did not respond to this minister’s questions. It will attract visitors to the region, particularly from is a lame, weak excuse which could be expected from a outside Victoria, with the competitors and support staff primary school kid and is definitely not suitable for a who are coming, and that will bring economic benefit

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to the Surf Coast region. It will also provide A redesign of the model of care is required with consultation opportunities for Victorian teams and individuals to and input from Aboriginal organisations including Ngwala, Aboriginal communities and other AOD service providers. compete here on our home soil and encourage community participation in surfing. I request that the A year after Bunjilwarra’s closure the people of minister support the funding application by Surfing Victoria can reasonably ask what the heck has Victoria for this significant event on the regional happened. In fact the service has been closed for a surfing calendar, and I look forward to a positive longer period than it was open, which is an incredibly response. disappointing outcome, because every day it is closed young Koori people struggling with drug and alcohol Bunjilwarra Koori Youth Alcohol and Drug problems are missing out. Not only has the Minister for Healing Service Mental Health failed to explain why this pioneering service was closed in the first place, but she has refused Mr NOONAN (Williamstown) — I wish to raise a to give any indication of when, or even if, the service matter for the Minister for Mental Health. The action I will reopen. It is very important that the minister seek from the minister is for her to provide a public provide some certainty about this service’s future. commitment regarding the future of Bunjilwarra Koori Youth Alcohol and Drug Healing Service, the alcohol Camberwell Primary School and drug residential rehabilitation service for young Aboriginal people. I know the minister will be familiar Mr BAILLIEU (Hawthorn) — I raise a matter for with Bunjilwarra as she was part of the opening the Minister for Education. Specifically, I ask that the festivities at the centre back on 15 December 2011. minister examine options to reasonably extend the Bunjilwarra emerged from a joint venture between the capacity of Camberwell Primary School to increase its Department of Health and the Foundation for Alcohol enrolment profile and ceiling as soon as possible and Research and Education. There was a commitment of inform parents of the timetable and contacts for any $4.5 million for the project, including $3.5 million from comments they may wish to make. the state government and $1 million from the foundation. The site in Hastings was heralded as the Camberwell Primary School is located just a few first service of its kind in Australia, offering a 12-bed, hundred metres east of Camberwell Junction, between 24-hour residential service for young Kooris aged 15 to Camberwell Road and Reserve Road. It occupies one of 20 years with drug and alcohol problems. the smallest campuses by metres squared per student of any primary school in the state, particularly in the Deputy chairman of the Foundation for Alcohol metropolitan area. It has leased, shared access to Research and Education Scott Wilson had this to say on en-tout-cas tennis courts to the west and shares the day that Bunjilwarra opened: occasional use of the public reserve to the north abutting busy Camberwell Road. To the south across This is a real step in the right direction and I’d encourage other state governments to follow Victoria’s lead and adopt Reserve Road is a council car park serving the and adapt what we have done here. Camberwell Civic Centre and the now unoccupied and discontinued primary school which was once attached The Minister for Mental Health praised the opening of to the Basilica of our Lady of Victories. Bunjilwarra, saying: The school currently has more than 500 students and It is consistent with the coalition government’s commitment enjoys an extraordinary reputation. It is a bilingual to innovative solutions and culturally appropriate solutions for helping people with alcohol and drug problems. French-English-speaking school operating on a 50 per cent immersion basis. It has recently won These statements were made in December 2011. LabelFrancÉducation endorsement from French Twelve months on, and things had apparently changed. government international education agencies the French I refer to a statement on Victorian Alcohol and Drug ministries of Foreign Affairs and Education, the Association letterhead dated 27 November 2012, which Agency for French Education Abroad and Mission was 12 months ago. It is headed ‘Temporary closure of Laïque Française, which has been a very hard-earnt Bunjilwarra’, and it states: endorsement. The school enjoys a close and growing relationship with L’Ecole de Cobbers at Fromelles, On behalf of the board of directors of Ngwala Willumbong France. It has outstanding leadership, dedicated staff, Co-operative Ltd, I would like to inform you of the temporary closure of Bunjilwarra, the Koori Youth Alcohol and Drug passionate parents, committed students and a great Healing Service. track record. The school makes exceptional use of the facilities it has. …

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As a result of current facility limits the school has an government last year to subsidise the delivery of enrolment ceiling and hence a defined zone. However, 4000 mentoring sessions to more than 1900 businesses that ceiling is facing increasing pressure arising from over the next two years. increased development, increased local population within the zone, the school’s ongoing success and I am happy to advise Gravity Zone that under the families on recommendation moving to the area to circumstances, and on the recommendation of the attend the school. In short, demand exceeds capacity for member for Carrum, I am able to provide some free 2014, which has led to a review of the zone boundaries mentoring sessions to the business, as I have provided being proposed. Some parents at the school, including to other businesses in urgent need of mentoring those within the zone, are already being advised that assistance. I hope the business is able to avail itself of places may not be available even for siblings. Should this opportunity and that the mentoring assistance will the zone boundaries be reduced further there is a help it to get on its feet again. likelihood of further disenfranchisement. Understandably the expectations of qualifying families Mr DELAHUNTY (Minister for Sport and are high and long held, and current prospects are Recreation) — I rise to respond firstly to the matter severely distressing local qualifying families. Several raised with me by the member for Mornington, who we options exist for expanded facilities, including on site all know is a great supporter of sport and recreation in and adjacent, and they have been raised and need his electorate and is always looking for ways to help urgent consideration. An interim solution is required as sporting clubs to maximise sporting participation and well. development opportunities in the electorate.

I have met with school representatives, and I ask now As you know, Deputy Speaker, the coalition that the Minister for Education examine the options for government is committed to giving more people the expansion, provide advice to parents and prospective opportunity to get involved in sport and recreation parents about the nature of the zone review that is opportunities in their communities. As we all know, taking place and any opportunity to contribute to that sport plays a vital role in Victorian communities, and review and take whatever reasonable steps are possible. that is why the Victorian government continues to invest to attract the best events and the best talent and to Responses inspire others to be more active more often in sport and recreation. Ms ASHER (Minister for Innovation, Services and Small Business) — The member for Carrum, who is a As he always does, the member for Mornington has committed advocate for small business, has raised with raised a matter with me, as he does with other ministers. me a very important issue in relation to a fire at Gravity He asked for support for the Mornington Yacht Club Zone in Seaford, unfortunately not long after this and a sailing event that will be held in his electorate. He business officially opened. The member for Carrum is spoke about the fact that there will be about 300 boats always advocating for businesses in her area, and she in on beautiful Port Phillip Bay, the history of the fact raised this matter with me some time ago. It is Optimists and the programs that are run by the yacht devastating for this to have occurred to a new business club, from Tackers through to boats for adults and the that was providing both enjoyment and employment for Sailability program for people of all abilities. I really locals. There were some injuries, which is also have to say that he is a strong advocate for the people of devastating. However, I am delighted with the member his electorate. for Carrum’s advice that the company will rebuild and For the information of the honourable member and is hoping to reopen in early 2014. others, I am proud to announce that through the Small Business Victoria provides a range of services Significant Sporting Events program, which he for small business. We have a whole range of highlighted tonight, the Victorian government will workshops and seminars, a Streetlife program, a mobile contribute $5000 to the Mornington Yacht Club to host business centre and a trade mission program. There are the Australian International Optimist Dinghy Victorian government business offices and various Association’s 2014 AIODA Australian and Open voucher programs. I am not sure that these will be the Championships. As the member said, the yacht club is best possible solutions for this particular business. expecting approximately 300 junior and youth athletes, However, I can recommend to the member for Carrum with teams from New Zealand, Finland, America, the Small Business Mentoring Service, which provides England and Asia having already registered for the advice by the private sector to the private sector. That event that will be held in January 2014. service received a record $900 000 from the Victorian

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This event provides another opportunity for the very successful Camberwell Primary School. One Mornington to showcase its city and the lovely of the reasons for its success is its bilingual program. Mornington Peninsula, as the member has highlighted. As members may be aware, language education is a It is through initiatives such as the Significant Sporting feature of this government’s policy, and there are Events program that we can work together with local schools doing tremendous things in language education. members to develop and support a wide range of events Leading up to 2015, language education will be such as this that help keep Victoria in the national and compulsory from prep. The bilingual program at international spotlight. Camberwell Primary School has been well recognised. A lot of people want to move into that area and send The other matter raised with me tonight was raised by their kids to that school because of that program. The the member for South Barwon. As many members French community supports it, and the program has know, he is wearing out the carpet by coming into my justifiably won awards. The overall education program office looking for support. The member for Ferntree at that school is excellent. Gully, who is not here at the moment, is a very strong supporter of the member for South Barwon and makes As the member for Hawthorn said, there are major sure that he is looked after. issues with student numbers. It is time to look at possible future options as to how to cope with those Tonight the member for South Barwon raised with me a numbers and the possible expansion of the school onto matter in relation to surfing. As you know, Deputy other sites. I am happy to start to explore those options Speaker, I am proud to say that in addition to building more fully and also to clarify the processes, especially sporting facilities and reducing barriers to participation, some of the short-term processes regarding zoning the Victorian government also provides funds for changes and the issue of siblings. As we often see with significant sporting events across Victoria. Over the last popular schools, sometimes shortcuts are taken with two years we have provided about $2.4 million to regard to the qualification or eligibility of families for sporting and community organisations to assist in the entry to the school. We need to support Camberwell delivery of significant sporting events. I am proud to Primary School and the school community with those announce tonight that through the hard work of the sorts of issues as well. I am more than happy to work member for South Barwon and of Max Wells and his with the member for Hawthorn, who is a great advocate team at Surfing Victoria the Victorian government will for his schools, to explore those options and to work contribute $5000 through the Significant Sporting through those issues with the Camberwell Primary Events program to the 2014 Piping Hot Surfing School community. Festival. Ms WOOLDRIDGE (Minister for Mental Last night I had the great fortune to attend the Victorian Health) — I am pleased to participate in the Institute of Sport Victorian Sport Awards night, where I adjournment debate this evening. First of all, in ran into surfer Nikki Van Dijk. In October this young response to the member for Williamstown — and I am lady from Phillip Island won the Association of Surfing disappointed he cannot be in the chamber to hear the Professionals (ASP) Women’s World Junior title at the response directly — the issue he raised is a very 2013 Oakley ASP World Junior Championships in important and serious one in relation to the provision of Bali. I am proud to say that through the efforts of alcohol and drug services for Aboriginal young people Surfing Victoria opportunities are given to fantastic in Victoria at our facility called Bunjilwarra. Late in young athletes like Nikki to be involved in these types 2012 Bunjilwarra was temporarily closed as a result of of events and also to go onto the world stage. As the some concerns in relation to both the governance of and member for South Barwon highlighted, the Piping Hot the clinical practice at the service. During that time Surfing Festival provides many opportunities, with there has been a significant amount of work done to about 400 competitors set to be involved at this event at formulate a new revised service model. We have been Bells Beach near the fantastic town of Torquay in the working with Aboriginal health organisations, the Surf Coast shire. It is a pleasure to work with the traditional owners and a number of others in relation to member for South Barwon and see the great work he how we can ensure that we put in place an effective does. Importantly an event like this showcases the shire new service model to make sure that we meet the of Surf Coast and Torquay and is a great way of getting alcohol and drug treatment needs of young Aboriginal more people active in sport and recreation. people.

Mr DIXON (Minister for Education) — The On Monday I spent time talking with my departmental member for Hawthorn raised with me issues officers about the new tender documents for the surrounding the rapid expansion of student numbers at provision of those services. There will be a new service

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provider or consortia of service providers, and those accessible from the northern end of Hanover Street. tender documents will be going out before the end of Once the works are completed the existing road limit the year. We undertook the required consultation in a will be doubled, and the life of the bridge will be thoughtful way, and we are now in a position to be able extended by at least 30 years. to call for applicants to provide those services. This is a very important area, it is important to get it right and we I note that the newsletter put out by Metro indicated are undertaking the work to make sure that we do get it that the bridge was expected to be closed from 23 July right. until the end of November. As I said, further works will be undertaken by the City of Monash. I am advised by The member for Mildura raised a concern about Public Transport Victoria that the estimated completion violence in his community. This is an issue that we date for the works by Metro Trains Melbourne is talked about today in this Parliament. The member is actually 16 December. The reason it was pushed from right in saying there is great concern regarding violence November to December was that contamination was against women and children, and its prevalence is found on the site when the works were commenced, varied across the state. There is no doubt that there are and I am sure that the member is aware and supportive significant levels of violence against women and of the fact that the safety of workers is paramount. violence in the home throughout the Mallee region, and the member quoted a number of statistics. Interestingly What I am not sure about is whether the works that the the number of child protection substantiations is also City of Monash has to do on the approaches to the very high in that community. The Victorian bridge is going to delay its opening and whether or not government has a plan in relation to preventing and the contamination that has delayed the completion from acting on violence against women. This year alone we November until December has also pushed the have invested more than $90 million — the highest council’s works out. The member may wish to check investment ever — in prevention and early intervention this with the City of Monash, but having looked at the services to respond to violence against women. photographs that the member for Oakleigh provided to me, I cannot see why, once Metro has finished its I am very pleased that in this year’s budget there was an works, the bridge could not be opened. Perhaps the additional $2.1 million over four years to expand the member would like to check with the City of Monash provision of the men’s behaviour change programs. and have a chat with me tomorrow. If there is anything This will mean that an additional 1000 program places further we can do in terms of assisting in that area, we will be available in the coming years. The member for will. Mildura is a very strong advocate for community-based services in his electorate, and obviously over time he Mr R. SMITH (Minister for Environment and and I have discussed the issue of violence against Climate Change) — The member for Footscray raised a women, given its prevalence in his community. I am matter for the Minister for Planning regarding the happy to take his advocacy on board. We are assessing referral of some planning matters to the City of a range of factors regarding the incidence of family Maribyrnong. violence, child protection reports and substantiations, The member for Lara raised a matter for the Minister the current funding that is provided to communities and the need for funding to provide the additional men’s for Police and Emergency Services regarding funding behaviour change programs. for Victoria Police bands.

Mr MULDER (Minister for Public Transport) — The member for Cranbourne raised a matter for the Minister for Multicultural Affairs and Citizenship The member for Oakleigh raised an issue with me in relation to the extended closure of the Hanover Street regarding answering some questions on notice. I have railway bridge in Oakleigh. As the member is aware the to say it is the form of those opposite, when their bridge has been temporarily closed to allow Metro argument is weak, to resort to personal abuse. The Trains Melbourne to upgrade the bridge and also to member for Cranbourne is no exception in this case, calling the minister lazy and arrogant. He has no allow the City of Monash to improve the approaches to the bridge. The two existing footpaths will be replaced appreciation of the minister’s commitment to the with a single wider path on the western side of the multicultural community. During our time in opposition bridge to create a safer thoroughfare for pedestrians and when the minister had responsibilities as a shadow cyclists. While the works are being completed the top minister and indeed through his time as minister he has proven time and again that he is absolutely committed of the bridge as well as an approach area approximately 10 metres on each side of it will be blocked off to to the multicultural community. For the member for traffic. However, Oakleigh shopping centre remains Cranbourne to characterise him as lazy and arrogant is

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absurd at best. I will pass the issue on to the Minister for Multicultural Affairs and Citizenship.

The DEPUTY SPEAKER — Order! The house will adjourn until tomorrow.

House adjourned 10.46 p.m.