PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE COUNCIL

FIFTY-FIFTH PARLIAMENT

FIRST SESSION

Book 4 4, 5 and 6 April 2006

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

By authority of the Victorian Government Printer

The Governor

JOHN LANDY, AC, MBE

The Lieutenant-Governor

Lady SOUTHEY, AC

The ministry

Premier and Minister for Multicultural Affairs ...... The Hon. S. P. Bracks, MP

Deputy Premier, Minister for Environment, Minister for Water and Minister for Victorian Communities...... The Hon. J. W. Thwaites, MP

Minister for Finance, Minister for Major Projects and Minister for WorkCover and the TAC...... The Hon. J. Lenders, MLC

Minister for Education Services and Minister for Employment and Youth Affairs...... The Hon. J. M. Allan, MP

Minister for Transport...... The Hon. P. Batchelor, MP

Minister for Local Government and Minister for Housing...... The Hon. C. C. Broad, MLC

Treasurer, Minister for Innovation and Minister for State and Regional Development...... The Hon. J. M. Brumby, MP

Minister for Agriculture...... The Hon. R. G. Cameron, MP

Minister for the Arts and Minister for Women’s Affairs...... The Hon. M. E. Delahunty, MP

Minister for Community Services and Minister for Children...... The Hon. S. M. Garbutt, MP

Minister for Manufacturing and Export, Minister for Financial Services and Minister for Small Business...... The Hon. A. Haermeyer, MP

Minister for Police and Emergency Services and Minister for Corrections...... The Hon. T. J. Holding, MP

Attorney-General, Minister for Industrial Relations and Minister for Planning...... The Hon. R. J. Hulls, MP

Minister for Aged Care and Minister for Aboriginal Affairs...... The Hon. Gavin Jennings, MLC

Minister for Education and Training...... The Hon. L. J. Kosky, MP

Minister for Sport and Recreation and Minister for Commonwealth Games...... The Hon. J. M. Madden, MLC

Minister for Gaming, Minister for Racing, Minister for Tourism and Minister assisting the Premier on Multicultural Affairs...... The Hon. J. Pandazopoulos, MP

Minister for Health ...... The Hon. B. J. Pike, MP

Minister for Energy Industries and Minister for Resources ...... The Hon. T. C. Theophanous, MLC

Minister for Consumer Affairs and Minister for Information and Communication Technology...... The Hon. M. R. Thomson, MLC

Cabinet Secretary...... Mr R. W. Wynne, MP

Legislative Council committees

Legislation Committee — The Honourables Philip Davis, D. K. Drum, Bill Forwood and C. D. Hirsh, Ms Mikakos and Mr Viney.

Privileges Committee — The Honourables W. R. Baxter, Andrew Brideson, Helen Buckingham and Bill Forwood, Mr Gavin Jennings, Ms Mikakos, the Honourable R. G. Mitchell and Mr Viney.

Standing Orders Committee — The President, the Honourables B. W. Bishop, Philip Davis and Bill Forwood, Mr Lenders, Ms Romanes and Mr Viney.

Joint committees

Drugs and Crime Prevention Committee — (Council): The Honourable S. M. Nguyen and Mr Scheffer. (Assembly): Mr Cooper, Ms Marshall, Mr Maxfield, Dr Sykes and Mr Wells.

Economic Development Committee — (Council): The Honourables B. N. Atkinson and R. H. Bowden, and Mr Pullen. (Assembly): Mr Delahunty, Mr Jenkins, Ms Morand and Mr Robinson.

Education and Training Committee — (Council): The Honourables H. E. Buckingham and P. R. Hall. (Assembly): Ms Eckstein, Mr Herbert, Mr Kotsiras, Ms Munt and Mr Perton.

Environment and Natural Resources Committee — (Council): The Honourables Andrea Coote, D. K. Drum, J. G. Hilton and W. A. Lovell. (Assembly): Ms Duncan, Ms Lindell and Mr Seitz.

Family and Community Development Committee — (Council): The Honourable D. McL. Davis and Mr Smith. (Assembly): Ms McTaggart, Ms Neville, Mrs Powell, Mrs Shardey and Mr Wilson.

House Committee — (Council): The President (ex officio), the Honourables B. N. Atkinson and Andrew Brideson, Ms Hadden and the Honourables J. M. McQuilten and S. M. Nguyen. (Assembly): The Speaker (ex officio), Mr Cooper, Mr Leighton, Mr Lockwood, Mr Maughan, Mr Savage and Mr Smith.

Law Reform Committee — (Council): The Honourables Richard Dalla-Riva, Ms Hadden and the Honourables Geoff Hilton and David Koch. (Assembly): Ms Beard, Ms Beattie, Mr Hudson, Mr Lupton and Mr Maughan.

Library Committee — (Council): The President, Ms Argondizzo and the Honourables Richard Dalla-Riva, Kaye Darveniza and C. A. Strong. (Assembly): The Speaker, Mr Carli, Mrs Powell, Mr Seitz and Mr Thompson.

Outer Suburban/Interface Services and Development Committee — (Council): Ms Argondizzo, Honourable C. D. Hirsh and Mr Somyurek. (Assembly): Mr Baillieu, Ms Buchanan, Mr Dixon, Mr Nardella and Mr Smith.

Public Accounts and Estimates Committee — (Council): The Honourables W. R. Baxter, Bill Forwood and G. K. Rich-Phillips, Ms Romanes and Mr Somyurek. (Assembly): Ms Campbell, Mr Clark, Ms Green and Mr Merlino.

Road Safety Committee — (Council): The Honourables B. W. Bishop, J. H. Eren and E. G. Stoney. (Assembly): Mr Harkness, Mr Langdon, Mr Mulder and Mr Trezise.

Rural and Regional Services and Development Committee — (Council): The Honourables J. M. McQuilten and R. G. Mitchell. (Assembly): Mr Crutchfield, Mr Hardman, Mr Ingram, Dr Napthine and Mr Walsh.

Scrutiny of Acts and Regulations Committee — (Council): Ms Argondizzo and the Honourable Andrew Brideson. (Assembly): Ms D’Ambrosio, Mr Jasper, Mr Leighton, Mr Lockwood, Mr McIntosh, Mr Perera and Mr Thompson.

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: Dr S. O’Kane

MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-FIFTH PARLIAMENT — FIRST SESSION

President: The Hon. M. M. GOULD Deputy President and Chair of Committees: Ms GLENYYS ROMANES Temporary Chairs of Committees: The Honourables B. W. Bishop, R. H. Bowden, Andrew Brideson, H. E. Buckingham, Ms D. G. Hadden, the Honourable J. G. Hilton, Mr R. F. Smith and the Honourable C. A. Strong Leader of the Government: Mr JOHN LENDERS Deputy Leader of the Government: Mr GAVIN JENNINGS Leader of the Opposition: The Hon. PHILIP DAVIS Deputy Leader of the Opposition: The Hon. ANDREA COOTE Leader of The Nationals: The Hon. P. R. HALL Deputy Leader of The Nationals: The Hon. D. K. DRUM

Member Province Party Member Province Party Argondizzo, Ms Lidia Templestowe ALP Jennings, Mr Gavin Wayne Melbourne ALP Atkinson, Hon. Bruce Norman Koonung LP Koch, Hon. David Western LP Baxter, Hon. William Robert North Eastern Nats Lenders, Mr John Waverley ALP Bishop, Hon. Barry Wilfred North Western Nats Lovell, Hon. Wendy Ann North Eastern LP Bowden, Hon. Ronald Henry South Eastern LP McQuilten, Hon. John Martin Ballarat ALP Brideson, Hon. Andrew Ronald Waverley LP Madden, Hon. Justin Mark Doutta Galla ALP Broad, Ms Candy Celeste Melbourne North ALP Mikakos, Ms Jenny Jika Jika ALP Buckingham, Hon. Helen Elizabeth Koonung ALP Mitchell, Hon. Robert George Central Highlands ALP Carbines, Ms Elaine Cafferty Geelong ALP Nguyen, Hon. Sang Minh Melbourne West ALP Coote, Hon. Andrea Monash LP Olexander, Hon. Andrew Phillip 3 Silvan Ind Lib Dalla-Riva, Hon. Richard East Yarra LP Pullen, Mr Noel Francis Higinbotham ALP Darveniza, Hon. Kaye Melbourne West ALP Rich-Phillips, Hon. Gordon Kenneth Eumemmerring LP Davis, Hon. David McLean East Yarra LP Romanes, Ms Glenyys Dorothy Melbourne ALP Davis, Hon. Philip Rivers Gippsland LP Scheffer, Mr Johan Emiel Monash ALP Drum, Hon. Damian Kevin North Western Nats Smith, Mr Robert Frederick Chelsea ALP Eren, Hon. John Hamdi Geelong ALP Somyurek, Mr Adem Eumemmerring ALP Forwood, Hon. Bill Templestowe LP Stoney, Hon. Eadley Graeme Central Highlands LP Gould, Hon. Monica Mary Doutta Galla ALP Strong, Hon. Christopher Arthur Higinbotham LP Hadden, Ms Dianne Gladys 2 Ballarat Ind Theophanous, Hon. Theo Charles Jika Jika ALP Hall, Hon. Peter Ronald Gippsland Nats Thomson, Hon. Marsha Rose Melbourne North ALP Hilton, Hon. John Geoffrey Western Port ALP Viney, Mr Matthew Shaw Chelsea ALP Hirsh, Hon. Carolyn Dorothy 1 Silvan ALP Vogels, Hon. John Adrian Western LP

1 Ind from 17 September 2004 3 Ind Lib from 30 November 2005 ALP from 10 November 2005 2 Ind from 7 April 2005

CONTENTS

TUESDAY, 4 APRIL 2006 COMMONWEALTH GAMES: ACHIEVEMENTS...... 1211 ADJOURNMENT ROYAL ASSENT...... 1173 Planning: Beacon Cove development ...... 1217 QUESTIONS WITHOUT NOTICE Police: Ballarat cells ...... 1217 Minerals and petroleum: exploration...... 1173 Schweppes Centre, Bendigo: chief executive Medical research: Healthy Futures...... 1174 officer ...... 1217 Commonwealth Games: benefits ...... 1174 Drawn on the Issues pamphlet ...... 1218 Commonwealth Games: Melbourne Sports and Ararat: gasworks site...... 1219, 1221 Aquatic Centre ...... 1175 Barmah State Forest: flooding ...... 1220 Hazardous waste: Nowingi...... 1176 Q fever: vaccine ...... 1220 Commonwealth Games: merchandise...... 1177 Seymour Pump Shop: business name...... 1220 Gas: Creswick supply...... 1178 East Gippsland: firewood collection...... 1221 Home and community care program: funding...... 1179 Responses...... 1221 Q fever: vaccine ...... 1180 Housing: affordability...... 1181 WEDNESDAY, 5 APRIL 2006 Supplementary questions Minerals and petroleum: exploration...... 1173 DRUGS, POISONS AND CONTROLLED Commonwealth Games: benefits ...... 1175 SUBSTANCES (AGED CARE SERVICES) BILL Hazardous waste: Nowingi...... 1176 Introduction and first reading ...... 1223 Commonwealth Games: merchandise...... 1177 PETITIONS Q fever: vaccine ...... 1180 Water: fluoridation ...... 1223 QUESTIONS ON NOTICE Haileybury College: access...... 1223 Answers ...... 1181 PAPERS...... 1223 MEMBERS STATEMENTS MEMBERS STATEMENTS Child care: regulation...... 1181 Victorian Government Purchasing Board: Second World War: 60th anniversary ...... 1182 seminars...... 1223 Local government: vacancies ...... 1182 Deakin University: medical school ...... 1223 Eight-Hour Day: 150th anniversary...... 1182 Southern Rocycling: management practices...... 1224 Mocka’s gym, Coleraine...... 1183 Melbourne Mobility Centre ...... 1224 Scoresby Football Club...... 1183 Youth: Rodney electorate...... 1224 SPC Ardmona: Operation Share a Can ...... 1183 Commonwealth Games: Cypriot athletes ...... 1225 Industrial relations: WorkChoices...... 1184 The Nationals: 90th anniversary...... 1225 Mawarra Hereford Stud...... 1184 Shepparton: Albanian community...... 1225 Jewish Museum of Australia: Dreyfus exhibition.....1184 Ballarat: mayor...... 1226 Governor John Landy ...... 1184 Commonwealth Games: merchandise...... 1226 Geelong Football Club: achievements ...... 1185 Medical research: Healthy Futures ...... 1226 Bushfires: fuel reduction...... 1185 David Hicks...... 1226 Solar energy: West Brunswick...... 1185 HAZARDOUS WASTE: NOWINGI ...... 1227 Hazardous waste: Nowingi...... 1186 QUESTIONS WITHOUT NOTICE PETITION Wind energy: code of practice...... 1253 Liquor: Bendigo licence...... 1186 WorkCover: WorkChoices...... 1254 PAPERS...... 1186 Minerals and petroleum: exploration ...... 1255 PUBLIC SECTOR EMPLOYMENT (AWARD WorkCover: Comcare...... 1256 ENTITLEMENTS) BILL Biofuel: government vehicles...... 1257 Second reading...... 1186 Home and community care program: DRUGS, POISONS AND CONTROLLED multicultural communities...... 1258 SUBSTANCES (VOLATILE SUBSTANCES) Housing: homelessness...... 1259 (EXTENSION OF PROVISIONS) BILL Information and communications technology: Second reading...... 1188 purchasing strategy ...... 1259 DISABILITY BILL Greater Geelong: inquiry ...... 1260 Second reading...... 1189 Gas: rebate scheme...... 1261 EDUCATION AND TRAINING REFORM BILL Supplementary questions Second reading...... 1201 Wind energy: code of practice...... 1254 INTERPRETATION OF LEGISLATION (FURTHER Minerals and petroleum: exploration ...... 1256 AMENDMENT) BILL Biofuel: government vehicles...... 1258 Second reading...... 1207 Housing: homelessness...... 1259 Remaining stages ...... 1211 Greater Geelong: inquiry ...... 1261 CONTENTS

QUESTIONS ON NOTICE Commonwealth Games: benefits...... 1318 Answers...... 1261 Cycling: helmets...... 1318 PUBLIC SECTOR EMPLOYMENT (AWARD Youth: football spectators...... 1318 ENTITLEMENTS) BILL Industrial relations: WorkChoices ...... 1319 Second reading...... 1262 STATEMENTS ON REPORTS AND PAPERS Third reading...... 1277 Library Board of Victoria: report 2004–05...... 1319 Remaining stages...... 1277 Port Phillip and Westernport Catchment DRUGS, POISONS AND CONTROLLED Management Authority: report 2004–05 ...... 1320 SUBSTANCES (PROHIBITION OF DISPLAY AND Sustainability and Environment: report 2004–05....1320 SALE OF COCAINE KITS) BILL Victorian Institute of Sport: report 2004–05..1321, 1325 Introduction and first reading...... 1277 Budget sector: mid-year financial report 2005–06.... 1322 DRUGS, POISONS AND CONTROLLED Ombudsman: investigation into parking SUBSTANCES (VOLATILE SUBSTANCES) infringement notices issued by Melbourne (EXTENSION OF PROVISIONS) BILL City Council ...... 1323, 1326 Second reading...... 1277 Sustainability and Environment: code of Third reading...... 1281 practice for fire management on public land...... 1324 Remaining stages...... 1281 Innovation, Industry and Regional BUSINESS OF THE HOUSE Development: report 2004–05 ...... 1325 Division list...... 1281 LAND (ST KILDA TRIANGLE) BILL SUSTAINABLE FORESTS (TIMBER) (AMENDMENT) Second reading...... 1327 BILL SUSTAINABLE FORESTS (TIMBER) (AMENDMENT) Introduction and first reading...... 1281 BILL DISABILITY BILL Second reading...... 1328 Second reading...... 1282 DRUGS, POISONS AND CONTROLLED LAND (ST KILDA TRIANGLE) BILL SUBSTANCES (PROHIBITION OF DISPLAY AND Introduction and first reading...... 1310 SALE OF COCAINE KITS) BILL ADJOURNMENT Second reading...... 1329 Lorne Community Association: building grant...... 1310 DRUGS, POISONS AND CONTROLLED Rail: gauge standardisation...... 1311 SUBSTANCES (AGED CARE SERVICES) BILL Buses: NightRider service...... 1311 Second reading...... 1330 Greater Geelong: swimming pool upgrades ...... 1312 DISABILITY BILL Gas: rural and regional Victoria...... 1312 Second reading...... 1332 Whitehorse: indoor sports facility...... 1312 EDUCATION AND TRAINING REFORM BILL Responses ...... 1313 Second reading...... 1335, 1363 INCORPORATION BY HON. BILL FORWOOD QUESTIONS WITHOUT NOTICE (TEMPLESTOWE)...... 1314 Aboriginals: Kings Domain...... 1349 Wind energy: Bald Hills ...... 1350 WorkCover: claims management ...... 1351 THURSDAY, 6 APRIL 2006 Olympic Park: rectangular sports stadium....1352, 1355 Government: financial reporting...... 1353 PETITION Gas: Creswick supply ...... 1356 Schools: public education ...... 1315 Consumer affairs: warnings ...... 1357 COMMONWEALTH GAMES Minerals and petroleum: exploration...... 1358, 1359 Volunteers...... 1315 Libraries: funding ...... 1360 PAPER ...... 1315 Supplementary questions BUSINESS OF THE HOUSE Aboriginals: Kings Domain...... 1350 Adjournment...... 1315 WorkCover: claims management ...... 1352 MEMBERS STATEMENTS Government: financial reporting...... 1354 Wind energy: Bald Hills...... 1315, 1318 Gas: Creswick supply ...... 1357 Planning: Burwood development ...... 1315 Minerals and petroleum: exploration...... 1358, 1359 Governor John Landy ...... 1316 SUSPENSION OF MEMBER ...... 1359, 1363 Easter trading: Melbourne...... 1316 NAMING AND SUSPENSION OF MEMBER ...... 1362 Lake Modewarre: fish health...... 1316 QUESTIONS ON NOTICE Legislative Council: reform ...... 1316 Answers ...... 1363 Schools: technical education centres...... 1317 Neighbourhood houses: funding...... 1317 PERSONAL EXPLANATION ...... 1363 Mental health: funding...... 1317 CONTENTS

VALUATION OF LAND (AMENDMENT) BILL 5938. Transport: Spencer Street Station Introduction and first reading...... 1376 Authority — freedom of information ROAD SAFETY (DRUGS) BILL requests...... 1389 Introduction and first reading...... 1376 5939. Transport: Urban and Regional Land ADJOURNMENT Corporation — freedom of Local government: delegation powers ...... 1376 information requests...... 1390 Olympic Park: rectangular sports stadium ...... 1376 6075. Transport: Infrastructure — freedom of Mount Hotham: Wire Plain Hut ...... 1377 information requests...... 1390 Planning: Knox venue...... 1377 6190. Transport: VicRoads — interstate Wind energy: Bald Hills...... 1378 travel...... 1391 Box Hill: town hall redevelopment...... 1378 6416. Transport: Urban and Regional Land Rural Ambulance Victoria: administration...... 1379 Corporation — capital works ...... 1392 Responses ...... 1379 6417. Transport: VicRoads — capital works ...... 1392 1400 6651. Transport: minister’s office — mobile QUESTIONS ON NOTICE telephones...... 1400 6792. Transport: Infrastructure — mobile TUESDAY, 4 APRIL 2006 telephones...... 1400 6817. Transport: Urban and Regional Land 5301. Environment: Sustainability and Corporation — overseas travel...... 1400 Environment — advertising 6818. Transport: VicRoads — overseas travel.... 1401 expenditure ...... 1381 7278. Transport: Infrastructure — freedom of 5414. Environment: minister’s office — information requests...... 1404 alcohol purchases...... 1381 7376. Transport: Infrastructure — staff 5608. Police and emergency services: numbers ...... 1404 Metropolitan Fire and Emergency 7439. Transport: rail — Frankston line Services Appeals Commission — rubbish clearance...... 1405 entertainment expenses...... 1381 6076. Police and emergency services: Justice — freedom of information MEMBERS INDEX ...... i requests ...... 1382 6113. Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — interstate travel...... 1382

WEDNESDAY, 5 APRIL 2006

5417. Water: minister’s office — alcohol purchases ...... 1385 6475. Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — capital works...... 1385 6876. Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — overseas travel...... 1385

THURSDAY, 6 APRIL 2006

5286. Transport: VicRoads — traffic controllers...... 1387 5476. Transport: VicTrack — external legal advice...... 1389 5934. Transport: Marine Safety Victoria — freedom of information requests ...... 1389

ROYAL ASSENT

Tuesday, 4 April 2006 COUNCIL 1173

Tuesday, 4 April 2006 course of this government. I think I came into the house and provided details of those record levels. I gave The PRESIDENT (Hon. M. M. Gould) took the detailed information about the extent of the investment chair at 2.03 p.m. and read the prayer. which has been made in exploration in this resources sector. I also indicated to the house that as a result of that exploration expenditure we have a boom in this ROYAL ASSENT sector in this state, to the point where we are now looking at expenditure of $2.5 billion in the resources Message read advising royal assent to: sector in one year.

Crimes (Document Destruction) Act Against a backdrop of an extra 6000 people employed, Gambling Regulation (Miscellaneous against a backdrop of record investment of $2.5 billion Amendments) Act and against a backdrop of record investment in Liquor Control Reform (Amendment) Act exploration in this sector, this shadow minister comes Rail Safety Act in here and seeks to do nothing more than undermine Transport Legislation (Safety Investigations) Act. the sector. The Leader of the Opposition is seeking to undermine the sector, in the way he always does, because he does not have any idea about the importance QUESTIONS WITHOUT NOTICE of this sector and the number of jobs it is creating in regional Victoria. Minerals and petroleum: exploration Supplementary question Hon. PHILIP DAVIS (Gippsland) — I direct a question without notice to the Minister for Resources. I Hon. PHILIP DAVIS (Gippsland) — I thank the refer to the minister’s answer to a question last minister for his answer. I note that petroleum Thursday and his media release of 16 March headed exploration crashed from $62 million in the December ‘Victoria’s minerals exploration booming’, which made quarter of 2004 to $29 million in December 2005 and misleading claims about minerals and petroleum that the remaining minerals exploration is almost exploration expenditure in Victoria. Is it not true that exclusively based on gold due to a surge in the gold the total spent on minerals and petroleum exploration in price from around $550 an ounce to over $820 an Victoria in the December quarter of 2005, ounce. Therefore I ask: where is the exploration boom $49.8 million, was actually 25 per cent below what was beyond a number of goldminers responding to record spent in the December quarter of 2004, $69.8 million, gold prices? and that exploration has actually fallen over the last year? Hon. T. C. THEOPHANOUS (Minister for Resources) — Let me quote what I actually said in the Hon. T. C. THEOPHANOUS (Minister for media release the honourable member referred to. I Resources) — I thank the honourable member for his said: first question to me on the resources portfolio in 103 days; he has finally managed to do one. I think In the December quarter last year mineral exploration expenditure in Victoria jumped … to $26.3 million in there are two fundamental reasons it has taken the seasonally adjusted terms — the highest quarterly … Leader of the Opposition so long to ask me a question expenditure — on this area. The first is that he hates the fact that the resources industry is booming. He hates the fact that in on mineral exploration — 1999 there were 4000 people working in the industry in the state since at least September 1988 … and there are now almost 10 000. That is our record in the resources industry — from 4000 to 10 000. That was the quote, which the member has not referred Therefore the Leader of the Opposition has done what to, and I also said in the same release: he always does: he gets things wrong. He recently went out and made all sorts of claims about wind farms and It is expected in 2006 alone, a record $2.6 billion in new the cost of them that were totally false. The claims he is resources projects will come into operation … making about my comments in relation to exploration That is a record he has never had and that is a record I in the resources sector are no different. am proud to stand by. Expenditure on exploration in the resources sector is at record levels. It has been at record levels during the QUESTIONS WITHOUT NOTICE

1174 COUNCIL Tuesday, 4 April 2006

Medical research: Healthy Futures committed specifically for grid applications to enable our cancer researchers to share data across all Hon. H. E. BUCKINGHAM (Koonung) — I refer metropolitan and regional cancer centres. The my question to the Minister for Information and establishment of the grid infrastructure and this Communication Technology. Today saw the launch of application will create a significant e-research platform Healthy Futures, the Bracks government’s $230 million for Victorian medical research. commitment to ensuring that Victoria’s life science industry remains a world leader in turning scientific This is another example of the Bracks government research into practical benefits. Will the minister inform delivering a world-class performance, leading Australia the house of how information and communications with world-class e-research infrastructure, leading in technologies help the advancement of life science life science research and leading in helping to turn this research and what innovative information and research into real health and other outcomes for all communications technology initiatives are contained in Victorians that will ensure a much healthier future for the statement? all of us.

Hon. M. R. THOMSON (Minister for Information Commonwealth Games: benefits and Communication Technology) — I thank the member for her question. Last week I spoke about how Hon. G. K. RICH-PHILLIPS (Eumemmerring) — advanced information and communications technology My question is to the Minister for Commonwealth (ICT) applications were playing a crucial role in Games. I refer to the government’s claim that the direct helping the Bracks government deliver a world-class impact of visitation to the Commonwealth Games was health system. Another reason why Victoria has a $270 million, and I ask: on what basis was this claim world-class health system is that we are in fact leaders determined? in medical research. Hon. J. M. MADDEN (Minister for Healthy Futures is the Bracks government’s Commonwealth Games) — I welcome the member’s wide-ranging package of initiatives to encourage question on the Commonwealth Games, and I further medical research in Victoria, leading to the particularly welcome the fact that the Honourable Bill development of new medicines and new approaches to Forwood is still wearing his Commonwealth Games treatments to improve the lives of all Victorians. badge. I know that the opposition will miss Bill Modern research cannot occur without the assistance of significantly when he moves on. advanced ICT applications. The masses of data generated require enormous capacity for it to be stored Honourable members interjecting. and analysed, but real advances in research come from Hon. J. M. MADDEN — And so will we. collaborative research and sharing of data, and that is where the cutting edge use of ICT is moving to. An honourable member interjected.

Through Healthy Futures the Bracks government is Hon. J. M. MADDEN — There are still seats making Victoria the leader in this field by providing available. I welcome the member’s question in relation $10 million to develop advanced grid infrastructure in to the Commonwealth Games. In every sense of the Victoria. The grid will use secure broadband word it was a wonderful event, because it showcased connections to provide advanced data storage and Melbourne to the world, it showed the world what we computer and data analysis capabilities for researchers. are capable of, and what a great city it is. What has Four e-research centres will be established, one at been remarked upon to me on a number of occasions is Parkville, one at Monash Clayton, one at La Trobe that those people who were out there along the banks of Bundoora and another at Werribee to connect the river, either attending the festival or attending the researchers across disciplines and across Victoria. The sporting events, had the most magnificent time. That grid will also give access to both the national and was also complemented, I suspect, by some of the best Victorian supercomputing programs, meaning that weather we have had in years. researchers can share data and research findings and can all access the advanced infrastructure required to An honourable member interjected. undertake world-leading research. Hon. J. M. MADDEN — I am a little bit tired, as This cutting-edge approach will immediately see members opposite might appreciate, and for good benefits for cancer researchers with an additional reason. The information on all the economic activity $11 million through the statement which has been that either took place during the games or anticipated QUESTIONS WITHOUT NOTICE

Tuesday, 4 April 2006 COUNCIL 1175 across the games has been provided to us through the could have ever expected. But, of course, there is no department, and I understand that information has been doubt there were some quieter spots in and around the provided to the department through the respective city throughout the course of the games. independent reports, like the report that came from KPMG in relation to the anticipated economic benefit, We went to great lengths to encourage people in the the $1.5 billion growth for the state economy, or the lead-up to the games to think strategically about how to $3 billion of economic activity that we anticipate will use the games to benefit their businesses, and the likes have been generated by the games. of programs such as Business Ready were a key element in preparing businesses for the games and The other impressive statistic was from the hoteliers assisting them throughout the course of the games. association, which said that it had the highest rate of occupancy ever in relation to hotel room take-ups. We Commonwealth Games: Melbourne Sports and have had a whole range of bodies provide us with that Aquatic Centre information. Expenditure in the city across the games has been provided to ministers and the Premier through Mr SOMYUREK (Eumemmerring) — My the departments. I anticipate that has been based on question is also directed to the Minister for reports provided to the department by either relevant Commonwealth Games. I ask the minister to outline to stakeholder associations or through respective the house how recent additions to the Melbourne Sports independent reports. and Aquatic Centre will ensure that this world-class facility continues to support major events as well as Supplementary question community sport.

Hon. G. K. RICH-PHILLIPS (Eumemmerring) — Hon. J. M. MADDEN (Minister for Is the minister aware that many central business district Commonwealth Games) — I welcome Mr Somyurek’s restaurants, including the Flower Drum, reported a drop questions in relation to the Commonwealth Games in trade of between 20 and 50 per cent during the because I know he has been a very enthusiastic games? How does the minister reconcile that with his supporter of the games — not only in the lead-up to the claim of an extra $270 million in economic activity? games and during them but in particular after the games. Honourable members interjecting. One of the great things that was reinforced throughout The PRESIDENT — Order! I do not know whether the course of the games was the wonderful sporting the minister heard the question, but I did not hear precincts we have, whether it is the Melbourne Sports anything after ‘Flower Drum’. I ask the member to and Aquatic Centre precinct, the Melbourne and repeat the question, and I ask the house that he be heard Olympic parks precinct or the Melbourne Cricket in silence. Ground precinct. These are state-of-the-art precincts located close to the heart of the city, and it is hard to Hon. G. K. RICH-PHILLIPS — Is the minister think of any other city in the world where these sorts of aware that many central business district restaurants, sporting precincts are in any way remotely repeated. including the Flower Drum, reported a drop in trade of But one of the things that also sets us apart from the rest between 20 and 50 per cent during the games? How of the world is the personnel we have who work in does the minister reconcile that claim. How does the these precincts and who deliver events and minister reconcile that with his claim of an extra community-based sport. We have wonderful stadiums, $270 million in economic activity? wonderful precincts and wonderful personnel.

Hon. J. M. MADDEN (Minister for To make sure that we continue having the personnel we Commonwealth Games) — I welcome the member’s have, personnel who are adequately trained and question, because there is no doubt that much of the adequately supported for that competitive edge, not activity throughout the course of the games was at the only in terms of the individuals but also as a city, the Federation Square end of town, much of which was Melbourne Sports and Aquatic Centre has completed its family activity. I know, having walked through Sports House redevelopment. I had the great pleasure of Federation Square yesterday and having walked being there today to officially open the Sports House through Federation Square during games time, that precinct. The Sports House is the old South Melbourne businesses in and around that precinct must have done technical school. It has been refurbished and brought remarkable business throughout the games. There were into the precinct. proprietors of many of the food outlets there who I think have had probably some of the best weeks they QUESTIONS WITHOUT NOTICE

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Honourable members interjecting. inform the house of the size of the budget for and how much has already been spent by Major Projects Victoria Hon. J. M. MADDEN — I advise Mr Drum that on the flawed proposal to place a toxic waste dump in anybody who attended the games would appreciate that the Mallee? much of the precinct has been extended across what was the South Melbourne technical school. Mr LENDERS (Minister for Major Projects) — The newfound fervour of the convert! He was silent One of the great things about that building is that it will during the years when his government was proposing to house a number of sporting organisations as tenants establish landfill at Werribee. He was silent then, but within the precinct, thus again consolidating many of now he has the fervour of a crusader. It is the late-found the groups, allowing them to interact with each other fervour of the convert, but unlike the parliamentary and broaden the skills of the personnel in each of the Liberal Party, at least he put in a submission to the organisations. The initial tenants include Sports environment effects statement (EES) process. Medicine Australia and the Melbourne School of Sport and Recreation Management. Already the Melbourne As Mr Bishop well knows, the entire purpose of the School of Sport and Recreation Management has had long-term containment facility is to find a solution to its initial summer training course, when representatives dealing with the industrial waste of Victoria’s from around the world came to acquire expertise in the manufacturing society that cannot be eliminated on site management of events — and no better time to do that and certainly should not be put into landfill in than throughout the course of the Commonwealth Sunraysia or any other part of the state. This Games. government is continuing to go through the EES process on the site that has been selected, and it is being As well as that, one of the initial tenants will be the tested on that. That process has been an expensive one, 2007 World Swimming Championships organisation. It because with respect to the Sunraysia community we will be there for the next year. commissioned 24 substantive environmental reports and now some supplementary reports so we can answer Hon. D. K. Drum interjected. the questions raised legitimately by that community.

Hon. J. M. MADDEN — At the end of that year the We will see this process through. Directional hearings organisation will fold itself away and we will be able to have been held, and further hearings will be held in put other tenants into Sports House. Mr Drum would Mildura, Bendigo and Melbourne, I believe. First and appreciate that these tenants will be the state sports foremost we will be ensuring that we have a fair, open associations. We will be working with them to give and transparent EES process. Those processes cost them an opportunity — if they wish — to locate money, but we want Sunraysia to have a decent EES themselves in that precinct and be able to work process so the community can be given answers. After collaboratively, and hopefully that will assist them by that process it is beholden on government, depending reducing some of their administration costs. We on the outcome of that process, to make the necessary anticipate, too, that they will be able to pay a somewhat decisions to carry it out. lower rate than some of the commercial rentals in and around that area. Supplementary question

It is not enough for us to rest on our laurels, having had Hon. B. W. BISHOP (North Western) — the greatest Commonwealth Games ever. That is not Unfortunately the minister did not answer the question, enough. We will continue to invest in sport in this state, so I will try another tack and ask a supplementary in the personnel, in the stadiums, in the facilities, to question. Can the minister inform the house what is the make sure that we are miles ahead — or kilometres budget for the Crown’s legal costs for the panel ahead, Mr Drum; I know The Nationals still talk in hearings? miles — of any other city or state around the world and to make sure that we not only make this a great place to Mr LENDERS (Minister for Major Projects) — live but also deliver world-class performances. Mr Bishop throws many lines into the pond. Mr Bishop tries every angle possible to discredit the process. He Hazardous waste: Nowingi says his job is actually to sabotage the process, to discredit the process. He says his job is to be negative Hon. B. W. BISHOP (North Western) — My and un-Victorian. I would hope his job as a member of question without notice is directed to the Minister for this Parliament would be to vigorously defend his Major Projects, Mr Lenders. I ask this question on constituents whether he be in government or in behalf of all Victorian taxpayers. Can the minister QUESTIONS WITHOUT NOTICE

Tuesday, 4 April 2006 COUNCIL 1177 opposition. His job is not to be swinging backwards and There has been an extensive array of merchandise. It forwards on the pendulum, either as part of the Kennett would be hard for me to tell you now which piece of government when it was doing horrible things to the merchandise or which element of that merchandise was people of Werribee and ignoring the rest of the state’s produced in Australia. One of the great attributes of waste, or now as an opposition member trying to make delivering these games was the work force uniform mileage out of an issue in his electorate. which the volunteers wore. The majority of that uniform was produced in one form or another in this First and foremost our responsibility is to get a fair EES country, and particularly by Victorian companies. process. These figures are transparent, unlike those of the government he was a part of, which nobbled the In relation to the other bits of merchandise, I suspect Auditor-General and was closed and not transparent. quite a substantial amount was not produced in this They will be reported — — state; no doubt some of it was produced in this country and probably a substantial proportion was produced The PRESIDENT — Order! The minister’s time overseas. What was produced overseas was probably has expired. produced overseas on the basis that it could not be produced in this country for an acceptable commercial Commonwealth Games: merchandise return. What the opposition would also appreciate is that some industries that produced many of those sorts Hon. RICHARD DALLA-RIVA (East Yarra) — of traditional items no longer exist in this country. My question without notice is to the Minister for Commonwealth Games. Will the minister inform the We all know the games were a huge success. The house which items of official Commonwealth Games public were united by the moment. They games merchandise were manufactured in Australia? captivated the city, they captivated the commonwealth, and the only naysayers about the games — — Hon. J. M. MADDEN (Minister for Commonwealth Games) — I welcome the member’s Hon. D. K. Drum interjected. question for a number of reasons. It is good to see that Mr Dalla-Riva has finally cottoned onto the fact that we Hon. J. M. MADDEN — I did mention the entire had the Commonwealth Games here. If I looked country, Mr Drum. The only naysayers would seem to through Hansard I would find it is the only question in be opposition members who are not particularly excited relation to the Commonwealth Games I have had from about it because they were hoping it would be a train Mr Dalla-Riva. That is interesting because it is not even disaster. They were hoping it would be like the signal one of his shadow portfolio responsibilities. I welcome controller on the other side of the chamber who the fact that he has asked the question, as I do any resembles somebody out of Thomas the Tank questions in relation to the Commonwealth Games Engine — — from the other side of the chamber. Certainly I appreciate Mr Dalla-Riva’s interest. The PRESIDENT — Order! The minister’s time has expired. The Melbourne 2006 Commonwealth Games Corporation was involved in an extensive array of Supplementary question commercial agreements with all sorts of merchandise organisations. Whether it be the Commonwealth Games Hon. RICHARD DALLA-RIVA (East Yarra) — I badge on Mr Forwood’s lapel, drink bottles, T-shirts, thank the minister and welcome his response, and I Karak dolls — any of those items — or whether it be the would welcome his continuing for the next half minute, work force uniforms that were also a significant attribute even though he did not respond to the question. of the Commonwealth Games — — In asking my supplementary question of the minister I Hon. B. N. Atkinson — Sold in Dimmeys yesterday note that the official games caps, backpacks, water for $5.99. bottles, radios, pedometers and business card holders, as examples amongst many other items, were all made The PRESIDENT — Order! Mr Atkinson! in China. Given that the government has spent over $1.5 million on the Commonwealth Games industry Hon. J. M. MADDEN — It is good to know that participation program, can the minister identify any Mr Atkinson is still driving the train that he has been items of official games merchandise that were pretending to drive for some time. manufactured in Australia, in an environment where the minister has absolutely stripped the manufacturing industry? QUESTIONS WITHOUT NOTICE

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Hon. J. M. MADDEN (Minister for work is currently under way in a total of 16 towns — a Commonwealth Games) — It is a bit of a shame that clear demonstration that the natural gas extension the opposition feels compelled to try to bring down program is being delivered ahead of time and on what was such a magnificent event. I suspect that budget. Mr Dalla-Riva has not listened to me in this chamber or read the press releases, because if he had read the press It also gives me pleasure to report to the house that at releases he would have appreciated one of the great Creswick, one of the 34 towns receiving gas, attributes of the volunteers’ uniform that he was talking connections have already started. Over 40 Creswick about. The drink bottles and drink bottle holders which customers, comprising a mix of families and local the member is trying to say were made in China might businesses, have already been connected — even well have been made in China, but the member should months ahead of schedule. Another 340 customers have appreciate the quite significant announcement that expressed interest, and a further 400 local families and Yakka was involved in delivering the work force businesses now have access to natural gas. That is over uniform — Hard Yakka! Opposition members could 800 families and businesses that are in the process of not spell ‘yakka’, let alone ‘hard yakka’. They would being connected in Creswick. That is contrary to the not know what it meant. However, the member should claims of Ms Hadden last week, when she asserted that appreciate that Bruck Textiles of Wangaratta was streets such as King Street, White Hills Road and involved in the producing the fabric for that uniform. Albert Street had no access to a connection. I have been advised that work in those streets has been completed The PRESIDENT — Order! The minister’s time and that connection is available. I have also been has expired. advised that connection will be available in Roger Street at the end of April. Ms Hadden went on to claim: Gas: Creswick supply … Creswick businesses along the stage 1 distribution route Hon. R. G. MITCHELL (Central Highlands) — have so far been denied connection by SP AusNet. My question is to the Minister for Energy Industries. Can the minister advise the house of how the Bracks I am informed that SP AusNet has not denied government is leading the way in recent developments businesses connection along those routes and that in the natural gas extension program? In particular can potential customers only need to approach a retailer and he inform the house of the status of the gas connections obtain a certificate of compliance in order to get in Creswick? connected.

Honourable members interjecting. Those connections are great news for Creswick. They are great news for local jobs. They are great news for The PRESIDENT — Order! The Leader of the local plumbers. I also understand that SP AusNet is Opposition! Ms Hadden! If the continual crying out of offering up to $400 credit on the first bill as a members on both sides of the chamber is maintained at connection incentive for new customers. This is the level it has been to date, I will use sessional orders fantastic news for Creswick. Thanks in part to the hard to remove the offending members. I am sure work of Creswick’s local member of Parliament, the Ms Hadden, in particular, wants to hear the answer to member for Ballarat East in another place, Geoff this question, so I expect her to hear it in silence. Howard, SP AusNet has reached further agreement with customers to undertake three extensions to existing Hon. T. C. THEOPHANOUS (Minister for Energy stage 1 networks. Those works will be undertaken in Industries) — The natural gas extension program is one the near future and will demonstrate that the backbone of the many great initiatives the Bracks government is infrastructure created as a direct result of the Bracks undertaking to restore services in country Victoria. This government’s $70 million program will continue to is great news. Thanks to this program residential help country Victorians. connections are occurring in Wandin and Bairnsdale, and work is three months ahead of schedule in Yarra When you combine the annual savings of between $600 Glen. Reticulation of Macedon and Woodend is well and $1200 to households in country Victoria with the ahead of schedule, and excellent progress is being made fact that we will be connecting between 70 000 and on the East Gippsland and Mornington Peninsula 100 000 Victorians to natural gas as a result of this extension projects. Connection works at St Andrews program, it will be like injecting between $60 million Beach, Port Fairy and Paynesville are also well and $100 million every year into rural Victoria. advanced, and work has begun at Hurstbridge. Over 180 kilometres of pipeline has already been laid and QUESTIONS WITHOUT NOTICE

Tuesday, 4 April 2006 COUNCIL 1179

Home and community care program: funding a number of regions within metropolitan Melbourne that have been sorely under-resourced on a per capita Ms ARGONDIZZO (Templestowe) — My basis in years previously. However, we do not want that question is to the Minister for Aged Care. Can the to come at the expense of being able to deliver an minister comment on the recent allocation of 2006 improved quality and quantum of care to older home and community care (HACC) growth funding members of the community who live in regional areas and its application to areas around Victoria? of Victoria. It is very important that that allocation of growth funding is shared. Honourable members interjecting. I want to convey to the house a measure of how we The PRESIDENT — Order! I know the honourable have been able to achieve that for the next three years member was close to the minister, but she was also through triennial funding, so the allocations I am about close to me and I did not hear her question. Would the to refer to represent the annual increase that will be member please repeat the question? going to a number — a sample — of local government areas around Victoria. For instance, in terms of meeting Ms ARGONDIZZO — My question is to the growth and demand in the Hume local government area Minister for Aged Care. Can the minister comment on in north-west Melbourne and in Brimbank, both of the recent allocation of 2006 HACC growth funding those municipalities will be receiving somewhere in the and its application to areas around Victoria? order of a $1.1 million increase during the course of the Mr GAVIN JENNINGS (Minister for Aged next financial year. Care) — I thank Ms Argondizzo for her question — In Whittlesea there will be a similar growth pattern. — and also because this is the first time that I ever about $760 000 will be added to the program during the remember my voice being amplified in this chamber. course of the year. In Casey and Greater Dandenong in Given the stony silence my contribution has started in, I the south-eastern metropolitan area of Melbourne will probably be able to convey the answer to members where growth is occurring, $900 000 has been allocated of the chamber. to the municipality of Casey and $800 000 to the I am very pleased to report to the house, as I have on municipality of Greater Dandenong. But they are not many occasions — — the only places where there will be growth under this program. Important locations such as Geelong will Honourable members interjecting. benefit from an increase of about $760 000.

Mr GAVIN JENNINGS — There you go; you Hon. Andrea Coote — What about Stonnington? invite it, and what happens! Mr GAVIN JENNINGS — No. If the opposition The home and community care (HACC) program spokeswoman had asked me a question about Port throughout Victoria is a $410 million program funded Phillip, for instance, I would have been able to tell her jointly by the commonwealth and state governments. It straight off the top of my head that it will be receiving a provides a great degree of support to older members of $158 000 increase, making a total $7.238 million the community and people with disabilities right around annual increase within the city of Port Phillip. I will Victoria. It is added to by significant contributions from come back to the member regarding Glen Eira, but a number of providers, the most significant of those there would be a number of other members whose being local councils. They add somewhere in the order queries I would be able to satisfy. of another $70 million worth of effort to that level of funding. For instance, if Mr Baxter were to ask me what is happening in Wodonga I would say it will get a Earlier this year we embarked upon a program of $179 000 increase. If he or Ms Lovell were in a looking at the growth allocation of funding for HACC competitive environment and asking what is happening programs right across Victoria. One of the key things in Shepparton, I could say there will be a $207 000 we are trying to achieve in the next three years is to increase in that municipality. I could tell Mr Bishop that continue to provide that service on an equitable basis in Mildura there will be a $107 000 increase. But they around Victoria. A key driver of the allocation of are not alone, because even small shires such as growth funding is to try to make sure that, regardless of Hindmarsh are receiving $10 000. where a person lives in Victoria, they have appropriate equal access to home and community care services. We In fact to answer Ms Argondizzo’s question, the want to do this on the basis of recognising that there are municipalities in her region include Banyule, which QUESTIONS WITHOUT NOTICE

1180 COUNCIL Tuesday, 4 April 2006 will receive $245 000, and Manningham, which will will find out what individuals and employers are likely receive $275 000. Regardless of where they live in to do and get back to him on it. Victoria we are committed to supporting older members of the community and people with disabilities Hon. Philip Davis interjected. through home and community care. Mr LENDERS — I note the mirth of the Leader of Q fever: vaccine the Opposition, who laughs at my response. I take up his interjection, because in question time seeking to Hon. E. G. STONEY (Central Highlands) — My provide information in an accurate fashion to members question is to the Minister for WorkCover and the of the opposition and taking an item on notice is a TAC. There is a chronic shortage in Victoria of the courteous way of giving a specific response to a Q fever vaccine, which is vital for all workers who specific question while not avoiding the question by handle livestock, including abattoir workers. I answering in general terms. I find it interesting that the understand CSL Ltd has only 12 000 doses in stock and Leader of the Opposition takes great joy in the varied that Australian workers require at least 25 000 doses a response to questions. year. I ask: where do Victorian employers stand if they are unable to access Q fever vaccine to safeguard their I will take on notice Mr Stoney’s specific question, but employees and an employee contracts this industrial I invite the Leader of the Opposition to pause to reflect disease? on what he did in seven years as a part of the Kennett government and what he has done in the past six years Mr LENDERS (Minister for WorkCover and the as a part of the opposition, because on every occasion TAC) — I welcome Mr Stoney’s question. I welcome when this government has sought to improve workplace any interest from the other side of the chamber in the protection we have had nothing but obstruction. issue of WorkCover. It has been 103 days since the Whenever we have tried to make workplaces safer so Leader of the Opposition in the other place reshuffled workers can go home to their families at night without his frontbench, and I am still waiting for the slightest the risk of injury, we have got obstruction. Whenever flicker of interest in WorkCover from the shadow we have made workplaces safer for workers, premiums minister for WorkCover, Mr Beige Davis, the man who more affordable for businesses or provided a more sits between Mr Green Davis and Mr Brown Davis — transparent system, we have got nothing but obstruction namely, Mr Atkinson. I note that Mr Forwood has from the opposition. asked at least two questions in that time, and Mr Stoney is now asking a question, and I welcome those I welcome the interest of the opposition. After 103 days questions. I urge the shadow minister for WorkCover to show some interest, to pay some attention to the portfolio and But I would also ask the opposition to reflect on where to stop focusing on train wrecks in the parliamentary it stands on this important issue, because whenever Liberal Party and emailing his colleagues. occupational health and safety or WorkCover has been discussed in this place we have been stonewalled — Supplementary question obstructed — by those opposite. Mr Stoney, Hon. E. G. STONEY (Central Highlands) — I note Mr Forwood and Mr Atkinson — the lot of them — that the minister has agreed to inquire into the position have voted against our landmark reforms in of employers, but there is another issue. What is the occupational health and safety and have voted against minister doing to ensure that there is enough Q fever any intervention by this government to make vaccine so that everyone in the Victorian livestock and workplaces safer. On every occasion when the abattoir industry can be covered? There are two issues occupational health and safety inspectorate from involved. WorkSafe seeks to enforce anything, people like Mr Atkinson — when he is not worrying about train Mr LENDERS (Minister for WorkCover and the wrecks or penning electronic notes to his colleagues TAC) — The substantive part of Mr Stoney’s question about the train wreck that is the Liberal Party — say we I addressed in my response to his original question. I are intervening, we are heavy handed and we should get say to Mr Stoney in general terms: what this off the backs of employers and leave the regime where government continues to do on all issues of it was. occupational health and safety is actually have a state-of-the-art, world-class occupational health and I will take on notice the specifics of Mr Stoney’s safety regime that works in partnership with employers question about a lack of vaccine. If that is the case, I and employees — both of them. Unlike the member’s colleagues in the commonwealth, who score points out QUESTIONS ON NOTICE

Tuesday, 4 April 2006 COUNCIL 1181 of this all the time, who go off on half-baked journeys report prepared by one of my predecessors, a former to try to play ideological games with this, we work Minister for Housing, the Honourable Barry Pullen. collaboratively with employers and employees to deal with all the occupational health and safety issues. We The great advantage of this development, in addition to will continue to work with them so that we continue to its terrific location, is that there is disability access to all bring down deaths in rural industries, bring down units, with the opportunity for further modification in injuries in industry, improve benefits for injured future to suit specific needs. That means that as workers and make premiums more affordable for residents get older — and, let’s face it, we are all employers. That is a good lot of reforms. We urge the getting older together — it will be easy to modify their commonwealth to assist us in doing that. homes so that they can continue to be safe for the residents for as long as possible. This project is a Housing: affordability terrific example of what can be achieved in providing appropriate public housing that is integrated into its Hon. S. M. NGUYEN (Melbourne West) — My community and serves the needs of its tenants. question is to the Minister for Housing. Can the minister inform the house how the Bracks government It also comes on top of brand new homes in Brunswick is leading the way in increasing the availability of and Coburg developed through the government’s social affordable homes for older people in the inner housing innovation project program which were opened metropolitan area? recently by the local member, the member for Pascoe Vale in the other place. These projects are very Ms BROAD (Minister for Housing) — I thank the practical demonstrations of how the Bracks government member for his question and for his concern about is leading the way in improving access to safe, access to safe and affordable housing for older affordable homes for older Victorians. Victorians. I am pleased to advise the house that the Bracks government is indeed leading the way by building more affordable housing — homes for older QUESTIONS ON NOTICE Victorians that are safe as well as affordable. We are doing it because the Bracks government believes every Answers Victorian deserves a safe place to live — especially our senior citizens. Mr LENDERS (Minister for Finance) — I have answers to the following questions on notice: 5301, Recently I was pleased to join my colleague the 5414, 5608, 6076, 6113. member for Richmond in the other place, Mr Wynne, in opening brand-new homes in Jamieson Street, North Fitzroy. This project sets new standards for public MEMBERS STATEMENTS housing. One of the new tenants, Mr Jeffrey Robertson, Child care: regulation illustrates very well the importance of safe, affordable housing for all of us. Mr Robertson was previously Hon. ANDREA COOTE (Monash) — There has living in unsuitable housing in Warrnambool, and he been recently an enormous amount of media attention needed to move to Melbourne for health-related focused on a private child-care operator in Australia. reasons. Providing Mr Robertson with a safe and The Minister for Children in the other place, affordable home in Melbourne has not only met his Ms Garbutt, was very forthcoming with advice to this housing and health needs but also enabled him to make operator. She should have a closer look in her own a terrific contribution to his local community. He was backyard, because Victoria is the only state in the entire recently recognised for his voluntary work in support of country that does not have regulations pertaining to the people living with HIV/AIDS and was privileged to family day care system. Twelve months ago carry the Queen’s baton through Carlton the day before Ms Garbutt said that she would introduce these it arrived at the Melbourne Cricket Ground for the regulations, but to date she has failed to do so. These Commonwealth Games. This is a terrific outcome for regulations would see licensing and regulations across him. Victoria.

The $6.8 million, 32-unit development is the result of There are currently no minimum standards across many years of planning and community involvement. Victoria, and that is what should be achieved. There are The site on disused inner circle railway land was first no health and safety regulations having anything to do identified for public housing in the mid-1980s in a with police checks or washing of hands, or that there should be a staff ratio of men to women. MEMBERS STATEMENTS

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Family day care centres and outside school hours care that the Local Government Act provisions for council in Victoria is not regulated. It is unacceptable for child by-elections and procedures for filling multimember care to remain unregulated in some states and election vacancies under the proportional representation territories, and it is absolutely appalling that Victoria is method of voting be amended. Under current legislation one of those. The Victorian government needs to take when a councillor resigns during their term of office a steps to implement a regulatory system for family day countback method is proceeded with to appoint a new care and outside school hours care, and parents deserve councillor. Without mentioning names, under this the very best peace of mind that they can have that their method it is quite possible that a person of dubious children are attending safe, high-quality child-care character, being the only other candidate, could become services, and Victoria, under Ms Garbutt, should pull the new councillor. We can all think of candidates up its socks, get itself organised and have regulations whom the local community would not have a bar of quickly. otherwise, nominating, receiving a handful of votes from themselves and probably family, and never Second World War: 60th anniversary standing a chance of being elected to council.

Ms MIKAKOS (Jika Jika) — On 21 February I had However, under the present legislation that is not the the honour of attending the unveiling of a plaque in case. Under the countback system a vexatious person Preston to commemorate the 60th anniversary of the whom the local community does not want can be end of World War II in the Asia-Pacific together with appointed to council. I believe the act should be my parliamentary colleagues Martin Ferguson, the amended to make it necessary for a candidate to have federal member for Batman; Michael Leighton, the received at least 4 per cent of the vote at the election to member for Preston in the other place; Cr Stanley be elected under the countback arrangement, and Chiang, the mayor of Darebin; Robert Cross, the therefore be entitled to at least receive their deposit president of Preston RSL; and Tom Turton, the back. We all understand that under our democratic president of Northcote RSL. voting system we should encourage people to run for office at all levels of government. However, allowing World War II represents a struggle for freedom against undesirables to be foisted onto a council when they tyranny and fascism, a war that my grandfathers fought have clearly been rejected by their local community is in Greece and one that has special significance in our no way to ensure good governance. day and age. Australia entered the war in the Asia-Pacific region on 7 December 1941, and over the Eight-Hour Day: 150th anniversary next few years Australian troops were mainly engaged in land battles in New Guinea. Over 39 000 Australians Mr PULLEN (Higinbotham) — On 21 April we died during this war, making the ultimate sacrifice, and will celebrate the 150th anniversary of the 8-hour almost 1 million Australians enlisted to serve during the working day. In 1856 Victorian stonemasons won the war. Over 500 000 served overseas, either in Europe or 8-hour working day, a world first in the struggle for the Asia-Pacific. I would like to acknowledge their improved working conditions for a fair split between bravery and that of the thousands of women who served work, rest and play. The stonemasons and building as nurses and in the Australian Women’s Army workers marched through the city of Melbourne and Service. were joined by supporters on their way to Parliament to demand regulated working hours with no loss of pay. In 2004 Premier Steve Bracks assumed responsibility Their demands were granted and today the 8-hour for Victorian veterans affairs to give ex-servicemen and working day stands as a symbol of the democratic women a prominent voice in government. This and a rights of workers. recent round of grants to restore war memorials demonstrate the commitment of this government to However, under the Howard government workers have acknowledge the important contribution of our been under attack since 1996, and the position will get veterans. I take this opportunity to thank the RSL for its even worse under the so-called WorkChoices which is contribution and on behalf of my constituents to also affecting small business. Australian Bureau of express sincere thanks to all veterans for their Statistics figures reveal that around 1.7 million dedication in keeping Australia safe. Australian workers work 50 hours or more per week, the number of casual workers has grown to around Local government: vacancies 30 per cent of the work force and casual workers are paid in excess of 20 per cent less than permanent Hon. J. A. VOGELS (Western) — The North-West workers even with casual loading. Shift workers, whom Municipalities Association has written to me suggesting the Howard government believes do not deserve any MEMBERS STATEMENTS

Tuesday, 4 April 2006 COUNCIL 1183 extra pay, suffer greater risks of various disorders raffles and an auction. This was a terrific outcome, as including cardiovascular disease, motor vehicle and we just exceeded the amount aimed for by the club. work-related accidents, and family problems such as divorce. I remind members opposite that the trade union Guests were entertained by amusing presentations from movement has been around a lot longer than they have former St Kilda player Kevin ‘Cowboy’ Neale and and will still be here when their parties have been former Footscray player and now rails bookie Simon relegated to the dustbin of history. Beasley. In addition, we were able to see a different side of the Treasurer, who tried to prove that the Mocka’s gym, Coleraine Victorian economy is better off when Collingwood wins the grand final — which, from memory, has not Hon. DAVID KOCH (Western) — As a keen happened all that often recently. I thank Kim Wells and supporter of grassroots sportsmen and women I am his staff who put much effort into the organisation of always on the lookout for ways to help sporting groups. the function, and my staff who worked on the night. I Mocka’s boxing gym, which is based in Coleraine and congratulate Steve Weir, president of the Scoresby is run by coach Ray McIntosh, has 15 enthusiastic Football Club, and his committee, players and young boxers in training including the current under-16 supporters on the success of the evening. I wish all Victorian welterweight champion, Adam McClure. The teams fielded by the club all the best for the 2006 gym, with equipment and training-sized ring all season — Go Magpies! provided from local donations and in-kind support, has come a long way in three years. SPC Ardmona: Operation Share a Can

After visiting Mocka’s gym for training sessions and Hon. W. A. LOVELL (North Eastern) — On seeing the limited resources and the conditions Saturday, 1 April, together with the Leader of The available in Coleraine, I spoke with the Minister for Nationals in the other place, Peter Ryan, and the Sport and Recreation to see if any assistance was member for Shepparton in the other place, Jeanette available to help the club in some way. These Powell, I had the pleasure of participating in the 10th discussions ultimately led to Minister Madden visiting annual SPC Ardmona Operation Share a Can day. SPC Coleraine on 5 March 2006 and presenting the club Ardmona’s Operation Share a Can is Australia’s single with a cheque for $1600 towards the cost of biggest food donation. Commonwealth Games tickets. On Saturday around 400 volunteers gathered at SPC On 25 March 2006, 27 boxers and supporters were able Ardmona’s Shepparton factory to package 480 000 to see boxing events, including the gold medal matches cans of fruit, pasta, tomatoes and baked beans into in the light heavyweight and heavyweight divisions that hampers and to produce a further 75 000 cans of baked were won by Australia’s Jarrod Fletcher and Brad Pitt. beans. A special cheer went up from the volunteers as This was a great opportunity for members of Mocka’s this year’s event took on a special meaning when a gym to see world-class boxing at its best. It is with B-double arrived at the factory to be loaded up with thanks to the minister that boxers, their coaches and hampers and baked beans to be delivered to Innisfail to supporters were able to attend these events and assist the victims of Cyclone Larry. The remaining experience the excitement of the moment — an hampers and baked beans will be distributed to needy occasion I will not forget. Victorian families through VicRelief + Foodbank. Scoresby Football Club I would like to congratulate SPC Ardmona for its generosity — the hampers and baked beans produced Hon. H. E. BUCKINGHAM (Koonung) — On on the day will provide in excess of 1500 meals a day Wednesday night last week I was delighted to co-host over the next 12 months. I would also like to with Kim Wells, the member for Scoresby in the other congratulate all the volunteers who so generously gave place, a fundraising dinner for the Scoresby Football up their Saturday to help those less fortunate than Club. Despite belonging to different political parties we themselves, and also the sponsors of the day who were able to work together to support an active and generously donate produce, packaging materials and important local sporting organisation which is much transport to make this day such a success year after valued by our mutual constituents. More than 75 people year. paid to attend the dinner, which was held here at Parliament House. The evening was a great success, with over $6000 being raised through ticket sales, MEMBERS STATEMENTS

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Industrial relations: WorkChoices Centre highlights the importance of this facility to the Gippsland community. Hon. J. G. HILTON (Western Port) — Last week I made a 90-second statement about the new industrial Jewish Museum of Australia: Dreyfus relations (IR) regulations brought in by the federal exhibition government. I have no hesitation in returning to that issue this week. At the weekend the federal Minister for Mr SCHEFFER (Monash) — I was honoured to Employment and Workplace Relations said that some have been able to join Justice Michael Kirby, Justice companies were possibly guilty of overstepping the Alan Goldberg, Mark Leibler and members of the mark. In one of the most outrageous examples of spin I Jewish community at the Jewish Museum of have ever heard he then said this was the unions’ fault. Australia’s official opening of its new exhibition His reasoning was the unions have been so effective in J’accuse! The Dreyfus Affair on Sunday, 26 March. raising awareness of the negative impacts of these IR The exhibition contains a wide range of original texts, changes that employers now believe they can get away including official documents, newspaper articles and with more than the federal government intended. That illustrations, photographs, posters, a uniform and is absolute nonsense. military ceremonial sword, that document the events concerning the unjust arrest, trial and imprisonment of Companies and the federal government knew exactly Captain Alfred Dreyfus in 1890s Paris. what they were doing and the consequences. If you work for a company with fewer than 100 employees, As everyone knows, the Dreyfus affair was a major you can be dismissed for no reason. If you work for a scandal that involved the framing of Alfred Dreyfus for company with more than 100 employees, you can be treason. The military hierarchy and men who held dismissed for operational reasons, whatever they are. government and senior civil service posts conspired to Companies will obviously use these regulations to their cover up what was a serious miscarriage of justice. maximum benefit, and it is totally disingenuous for the Some newspapers of the time helped whip up a frenzy federal government to think otherwise. Any crocodile of public distrust of Dreyfus because Dreyfus was tears shed over the welfare of many millions of Jewish. hardworking Australians who now have no security for themselves or their families are absolute hypocrisy. In opening the exhibition Justice Kirby said that while the Dreyfus case speaks powerfully to the Jewish Mawarra Hereford Stud people everywhere, including Australia, it also speaks clearly of the wrongs done to Aboriginals, to Asian Hon. P. R. HALL (Gippsland) — Yesterday I had Australians, to Arab and Islamic Australians, to gays the honour of opening Mawarra Hereford Stud’s 33rd and other sexual minorities, to women, to the very old annual sale. Mawarra is a stud farm located at and young, to the mentally disabled, to prisoners and Longford, near Sale, and is owned by the Sykes unconventional people. He said: family — Robert and Helen, and Peter and Deanne and their children. There were around 50 bull calves on Don’t think these wrongs are over or that a full enlightenment has arrived in Australia or anywhere else. Dreyfus belongs to offer and 30 or so female lots. Lot 1 was a magnificent Jewish people. But he also belongs to all human beings. two-year-old beast weighing around 1000 kilograms, sired by Wynella Rockford out of Mawarra Princess, I commend the Jewish Museum of Australia for that went by the name Mawarra Radar. I mention this bringing the exhibition to Australia and Dr Deborah particular lot because the proceeds of lot 1 were Rechter, the curator — — donated by the Sykes family to the Gippsland Cancer Care Centre located at the Latrobe Regional Hospital. The PRESIDENT — Order! The member’s time The mighty Radar sold under the hammer for $5000, has expired. and I can report to the house that the vendors and purchaser were delighted with the outcome. Governor John Landy

I particularly want to commend the Sykes family for its Hon. BILL FORWOOD (Templestowe) — As most generous action in donating the proceeds of this honourable members are aware, this is the last week sale to such a worthy cause. That the Sykes family and that Governor Landy will be the Governor of Victoria, many others throughout Gippsland are contributing to and I want to put on record my thanks to him and his the raising of something like $3.5 million from the local wife for the outstanding service they have given to community to supplement the Gippsland Cancer Care Victoria. I have not yet had the opportunity of putting on the record my thanks to Governor Landy and his MEMBERS STATEMENTS

Tuesday, 4 April 2006 COUNCIL 1185 wife for the contribution they have made in the time he Bushfires: fuel reduction has been the Governor. Hon. E. G. STONEY (Central Highlands) — I It is never an easy task being the Governor of Victoria. quote from a statement by Rod Incoll, the former There is a huge workload that goes with the position. I Victorian chief fire officer, entitled ‘Alpine have been delighted to spend time with Governor and abandonment’: Mrs Landy in and around my electorate on many occasions, and I know the other member for On my first visit to the Howitt Plains in 1957 there were cattlemen, then road builders and loggers. In the 1970s I was Templestowe Province, Ms Argondizzo, has as well. a forester there and knew the country well. On a recent visit, I He has always been most interested in the activities that found the landscape empty and the tracks rough to have been taking place across the length and breadth of impassable. There is no fuel reduction. The loggers and the Victoria. cattlemen have gone. The plains have heavy growth, ready for a bushfire.

There is no doubt that John Landy has earned the Abandonment of the alpine area has brought infrequent hot respect and affection of virtually everybody he has bushfires in which trees, plants, soil, birds and animals are come into contact with in his time as Governor. Along stripped away. This sort of management turns treasured land with everyone I know, I wish him great pleasure in his into wasteland. retirement, as he returns to the activities which I know The Kurnai people and the graziers knew that conservation he really enjoys, in particular his love of nature and the means a mosaic of fires. I learnt you could have a little bit of great Australian outdoors. I want to say finally thank fire often or a lot now and then. In Forests Commission days you, Governor, for your contribution to Victoria in the it was possible to fuel reduce large areas safely so the limited years you have served as Governor. good weather was effectively used. I believe this is now prohibited by restrictive prescriptions.

Geelong Football Club: achievements Abandonment is neither protection nor conservation. Until the present overregulated burning prescriptions are revised, in Hon. J. H. EREN (Geelong) — Geelong is flying line with past successful practices, and large-scale burning is high at the moment following the recent night carried out on a regular basis, infrequent, large, damaging premiership win of the Cats and their fantastic start to fires will continue to blowtorch our public lands. the Australian Football League season, with a Maybe most Victorians don’t know or care — but I’m talking devastating 77-point thrashing of Brisbane last about one third of the area of the state. weekend. This is definitely the Year of the Cat, and I am calling it now. I predict that we will take out the Mr Incoll’s statement goes on to talk about Western premiership later in the year. Football is a large part of Australia and the Northern Territory, where widespread Geelong’s cultural heritage. We are the only regional mosaic burning has been introduced to limit intense fire city in Australia with a national Australian Football damage. It says a lot can be learnt from those two states League team. It is something we are extremely proud of and their experiences with fire. and is why the Bracks government went to great Solar energy: West Brunswick lengths to support the wonderful redevelopment of Skilled Stadium last year. Ms ROMANES (Melbourne) — This morning I attended a wonderful event, a 10th anniversary solar But it is not only large-scale team sports that this celebration at the home of Stuart McQuire and Wendy government supports. We saw the wonderful Orams in Murray Street, West Brunswick. Stuart and Commonwealth Games take place over the past month, Wendy’s Californian bungalow home was the first the exciting Melbourne grand prix was held last house in Victoria and the second in Australia to have weekend, and the local footy and soccer seasons also grid-connected solar electricity. The origin of this was kicked off, thanks in part to the help provided by the Project Aurora, an initiative of the electricity supply Bracks state Labor government through local sporting department of the former Brunswick council and was grants. All members will join me in wishing all the designed to promote the use of solar energy in the area. players, coaches, volunteers and spectators the best for the coming season. I know that each weekend I will be Today Stuart and Wendy unveiled the result of their somewhere around my electorate watching great local involvement in the project over the last 10 years. sport. During that period they used only 15 128.4 kilowatts of the 20 560.3 kilowatts produced by their solar electricity system — the photovoltaic cells on their roof — so the surplus was fed back into the Victorian electricity grid. That is a marvellous result for one PETITION

1186 COUNCIL Tuesday, 4 April 2006 home and cut greenhouse gases by 30 tonnes. It is a PAPERS great reminder that while the federal government is cutting deals on uranium, it is virtually ignoring the Laid on table by Clerk: greatest renewable energy source in the world. Commissioner for Environmental Sustainability — Strategic Audit of Victorian Government Agencies’ Environmental Hazardous waste: Nowingi Management Systems, January 2006.

Hon. B. W. BISHOP (North Western) — I direct Crown Land (Reserves) Act 1978 — Minister’s order of the attention of the house to the Bracks government’s 15 March 2006 giving approval for the granting of a lease at dismissal of the Mallee through its refusal to support Queens Park Reserve (five papers). the community’s legal fight against the proposal to Drinking Water Quality in Victoria — Report, 2004–05. place a toxic waste dump in our food bowl — next to the Murray River and two national parks — and over Government Superannuation Office — Report of the period ended 1 December 2005. 500 kilometres from Melbourne, where most of the waste is generated. Mount Baw Baw Alpine Resort Management Board — Report for the year ended 31 October 2005. The Bracks government advised the Mildura Rural City Council that the community did not have to have legal Ombudsman — Investigation into Parking Infringement Notices issued by Melbourne City Council, April 2006. representation at the environment effects statement panel hearings as all would be well. Then what did it Planning and Environment Act 1987 — Notices of Approval do? It brought in a group of lawyers, expert witnesses of the following amendments to planning schemes: and others the size of a football team — in fact more Bass Coast Planning Scheme — Amendment C56. like two football teams — to bludgeon the community into submission by sheer weight of numbers and Bayside Planning Scheme — Amendment C48. money. Let us be clear about where money is coming Colac Otway Planning Scheme — Amendment C26. from. It is Victoria’s taxpayers, including our own Mallee community, whose money is being used to beat Frankston Planning Scheme — Amendment C33. them into submission while at the same time they are Greater Dandenong Planning Scheme — Amendment separately funding their own fight for survival. If the C62. government will not assist with funding and is to maintain any credibility at all, it must now say, ‘Let us Knox Planning Scheme — Amendment C56. be reasonable and accept the need to be fair and Warrnambool Planning Scheme — Amendments C22 accountable by allowing the independent panel process and C38. to proceed without legal representatives’. Yarra Planning Scheme — Amendment C78. Why would the independent panel not hear straight-up Proclamation of the Governor in Council fixing an submissions from presenters and make up its own mind operative date in respect of the following act: rather than be party to specialist legal people making a mockery of the independent process? Working with Children Act 2005 — 3 April 2006 (Gazette No. G13, 30 March 2006). PETITION PUBLIC SECTOR EMPLOYMENT Liquor: Bendigo licence (AWARD ENTITLEMENTS) BILL

Hon. D. K. DRUM (North Western) presented Second reading petition from certain citizens of Victoria requesting that the Victorian government recognise that Happy Ordered that second-reading speech be Jack’s store, Lockwood South, is located in the incorporated on motion of Mr GAVIN JENNINGS tourist area of the central goldfields of Victoria and (Minister for Aged Care). should therefore be granted a liquor licence (597 signatures). Mr GAVIN JENNINGS (Minister for Aged Care) — I move: Laid on table. That the bill be now read a second time. PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

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Incorporated speech as follows: Until now workplace agreements have been tested against basic award safety net conditions to ensure that workers are This bill enshrines the Victorian government’s commitment not disadvantaged by the application of the new agreement to protect and preserve a fair safety net of award conditions compared with the award. Now, there is no test. New for the state’s public sector workers in the face of the agreements are to be lodged with the Office of the unprecedented attacks mounted by the federal government in Employment Advocate without necessarily being scrutinised its so-called WorkChoices legislation. for anything other than a prohibited matter, the inclusion of which, if resulting from a ‘reckless’ act, may cost an The bill has two key elements. First, it requires public sector unfortunate employer a penalty of up to $33 000. The employers to continue to adhere to the terms and conditions agreements come into operation even if the limited process of their existing, pre-WorkChoices federal awards as a requirements are not met. minimum safety net for their award-covered employees. Second, it establishes a fairness test for all workplace We, as an employer, are not going to sit idly by and watch agreements that are entered into by public sector employers, public sector awards being rendered meaningless, which again based on the award safety net as it existed before the appears to be part of the commonwealth government’s grand commencement of the federal WorkChoices legislation. plan. Not only will awards continue to be utilised by Importantly, that safety net will include as a minimum Victorian public sector employers in setting their employees’ standard the outcome of the family provisions test case minimum terms and conditions but they will also be used to decision of the Australian Industrial Relations Commission test whether new public sector workplace agreements are fair, handed down on 8 August 2005 where public sector awards in line with the federal no disadvantage test as it existed prior have not already been varied by the commission to include to WorkChoices. We are maintaining the status quo for our the provisions. public sector employers. This bill will require that all proposed new agreements pass a fairness test, with the newly The federal government’s WorkChoices legislation will established workplace rights advocate to determine whether undermine current award conditions in a number of ways. the test is met and determine relevant awards if necessary, Award allowable matters will effectively be reduced from 20 based on the relevant preserved award entitlements — that is, to 13, a new list of non-allowable matters will further reduce entitlements in place immediately before the commencement award conditions, new workplace agreements will operate to of the so-called WorkChoices legislation, including the the exclusion of an underlying award and effectively render it AIRC’s family provisions test case and any relevant increases redundant indefinitely, a new award review task force will to pay rates awarded by the Australian Fair Pay Commission rationalise award classification and salary structures and in all or the Australian Industrial Relations Commission. The likelihood replace them with something akin to the Kennett workplace rights advocate will be bound by the rules of government’s industry sector minimum rates orders, and natural justice in exercising his or her functions, and under under transitional arrangements key awards covering some section 5(3) of the Workplace Rights Advocate Act 2005 can public sector workers (including the main public service do all things necessary for the performance of his or her award) will be completely phased out after five years as a functions. result of the federal government’s new legislation being based solely on the corporations power. The Victorian government strives to be an exemplary employer and to attract the highest quality applicants to jobs I have said before, these changes represent an attack not only in the public sector. We want our workplace agreements to be on public sector employees but on working people generally tested against award entitlements that, in the days of fairness and will seriously impact on work and family balance. The and equity, were regarded as ‘community standards’ so that award safety net has been developed over many years by the they deliver fair and reasonable pay rates and conditions of independent umpire, the AIRC, and often with the consent of employment. We also want our employees to enjoy the the industrial parties. Up until now, it had regularly been flexibilities available from the family provisions test case updated to reflect contemporary norms and parties were able outcome to enable our workers, in conjunction with their to present arguments on the merits of changing award employers, to properly balance work and family conditions and know that they would be given a fair hearing. responsibilities — for casuals to be able to have time off to tend to sick family members or to access bereavement leave This has all changed, but the Victorian government as a fair without the risk of not being further engaged. We want our employer will do what it can to limit the effects of this attack employees to have the right to request increased periods of on our employees. The bill requires employers to continue to parental leave or increased periods of simultaneous leave that abide by the award safety net as it existed prior to provide the opportunity for the mother and father to spend WorkChoices for all employees who rely on awards for their more time at home together at a crucial stage of their lives. terms and conditions of employment. The intention is to Public sector employees will have the right to request a return preserve the status quo as it existed prior to WorkChoices, so to work on a part-time basis until their child reaches school that where award conditions were modified or removed by age and we want to ensure that there is proper communication existing agreements, that state of affairs will continue while between employers and employees whilst they are on parental those agreements continue to operate. But where an employer leave. For reasons best known to themselves, the was bound to apply an award condition or entitlement, that commonwealth government has neglected to include the obligation will continue despite the removal or reduction in AIRC’s new model in its new minimum standards. the condition or entitlement as a result of the WorkChoices legislation. This legislation seeks to ensure that public sector employers maintain a decent standard of working conditions for their The attack on workers’ terms and conditions is even more employees. It also ensures that agreements in the public sector vicious when one considers the implications of the cannot, on balance, undercut award conditions, as is the elimination of the ‘no disadvantage’ test, a bulwark of the commonwealth’s wont. It provides for an independent arbiter federal agreement-making system for more than 10 years. to ensure agreements do not disadvantage workers, and it DRUGS, POISONS AND CONTROLLED SUBSTANCES (VOLATILE SUBSTANCES) (EXTENSION OF PROVISIONS) BILL

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encapsulates the worthy family-friendly benefits resulting 1981 by creating limited civil powers under which police can from the AIRC’s family provisions test case. apprehend and detain persons under 18 years of age whom they reasonably suspect are abusing volatile substances or are A fair industrial relations system and fair pay and conditions at risk of doing so. Under the legislation, police are for all workers continue to be a priority for the Bracks empowered to search persons and seize volatile substances government. and items used to inhale, and to link the young person with an appropriate caring adult, such as a parent, caregiver, health I commend the bill to the house. service or drug treatment service.

Debate adjourned on motion of The legislation’s sole purpose is to protect the health and Hon. C. A. STRONG (Higinbotham). welfare of children and young people. In exercising these powers, police officers take into account the best interests of Debate adjourned until next day. the young person who is subject to those powers. The act does not create an offence to possess or inhale a volatile substance and it is not the intention of the legislation DRUGS, POISONS AND CONTROLLED to bring young people into the criminal justice system. SUBSTANCES (VOLATILE SUBSTANCES) A very important part of the response to young people (EXTENSION OF PROVISIONS) BILL abusing inhalants is provided by health and welfare agencies. These agencies play a key role in supporting the police Second reading response to volatile substance abuse by young people. There is a range of options for police to access when exercising their Ordered that second-reading speech be powers under this legislation. These include the capacity to incorporated on motion of Mr GAVIN JENNINGS connect young people to their families or residential care service, to a hospital emergency department if required, or an (Minister for Aged Care). appropriate drug and alcohol service for immediate respite and care. Mr GAVIN JENNINGS (Minister for Aged Care) — I move: Since the legislation does not criminalise volatile substance abuse, any detention of the person is not in a jail or police That the bill be now read a second time. cell. The legislation also explicitly provides that police must not interview a person being detained in relation to known or Incorporated speech as follows: alleged offences.

The Bracks government is committed to protecting the health As soon as practicable after a young person is apprehended, and welfare of Victoria’s children and young people, who are police officers must release them into the care of a person among the most vulnerable members of our community. whom the officer reasonably believes is capable of taking care of the person; and who consents to taking care of the In recent years a damaging practice of inhalant solvent abuse, person. sometimes referred to as ‘chroming’, has re-emerged among some young people. Under this legislation, Victoria Police have detained young people who have been found ‘chroming’ and have released While this practice is not restricted to young people, research them into the care of a parent, guardian, or staff of a health or has consistently found that abuse of volatile substances is welfare service such as a youth alcohol and drug service concentrated among adolescents. worker or an ambulance officer.

Victoria has been a national leader in initiatives to minimise The Drugs, Poisons and Controlled Substances (Volatile the harm caused by the inhaling of volatile substances. In Substances) Act 2003 has a built-in sunset date of 30 June addition to legislation, the Victorian government has a 2006. This was to enable a review of its effectiveness in comprehensive response to inhalant abuse which includes preventing further harms to young people abusing these treatment services, guidelines for workers responding to products. inhalant abuse, a retailer’s kit to promote responsible sale of solvents, community education materials including This current bill before the house will extend the operation of Koori-specific materials, and education materials for schools. the provisions of the legislation to 30 June 2008. This Research regarding the modification of commonly abused extension will enable young people to continue to be inhalant products, with a view to deterring their abuse, is also protected, while allowing further evaluation of the being undertaken. effectiveness of the legislation. Following this evaluation, a decision about its future in the longer term can be made. The primary purpose of this bill is to extend the provisions of the Drugs, Poisons and Controlled Substances (Volatile The legislation is currently being monitored and is under Substances) Act 2003 for a further two years, and thereby review. continue to protect young people from the risks inherent in inhaling volatile substances. Data on the use of the legislation and outcomes for young people is being collected via Victoria Police, child protection, The Drugs, Poisons and Controlled Substances (Volatile alcohol and drug agencies, and relevant services. Substances) Act 2003 came into operation on 1 July 2004. It amended the Drugs, Poisons and Controlled Substances Act The data to date suggests that the use of the legislation has been effective in responding to and protecting the health of DISABILITY BILL

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young people found ‘chroming’. Police are using their powers of the bill which otherwise may have been dealt with as prescribed under the legislation. Many young people through the committee stage. It is the government’s engaging in dangerous inhaling behaviour have been prevented from inflicting further harm on themselves, and intention that a fulsome consideration of the bill be Victoria Police have connected young people to their undertaken during the Legislation Committee process. families, caregivers, health services and drug treatment services. Motion agreed to.

However, the data is limited, and is insufficient to draw Mr GAVIN JENNINGS (Minister for Aged definite conclusions. More time is required to determine the effectiveness of the legislation, its impact on young people Care) — I move: who abuse volatile substances and the outcomes for these young people in the longer term. That the bill be now read a second time.

The extension to this legislation for a further two years will Incorporated speech as follows: allow the review to be completed and recommendations made about ongoing legislation and whether amendments will be International human rights standards and the increasing required in the future. promotion and protection of the human rights of people with a disability has resulted in significant changes in the A Volatile Substances Abuse Protocols Advisory Committee understanding of disability. In the past, people with a has been overseeing the review. This committee has wide disability were often regarded as passive recipients of welfare representation from relevant government departments and services. This led in some instances to the exclusion of people external stakeholders, including non-government agencies. with a disability from many of the activities of mainstream These include representatives from Victoria Police, the society and was reflected in the establishment of segregated Department of Justice, child protection services, youth settings such as institutions. There has been increasing residential care services, youth outreach services, indigenous recognition that strengthening the protection of human rights organisations and community legal services. plays an important role in minimising the impact of disability.

This bill enables Victoria Police to continue to remove People with a disability have the right to enjoy the range of potentially dangerous substances and materials from the civil, cultural, economic, political and social rights available hands of young people who abuse them and to connect young to all Victorians. This right means people also have people with appropriate services. responsibilities, and people with a disability should be supported to exercise these responsibilities. It represents an appropriate balance between the right to possess legal substances and the need to protect vulnerable The development of the Disability Bill has involved extensive young people from harming themselves. consultation with people with a disability, parents, families, carers, disability service providers, peak bodies, advocacy This bill is a positive initiative in promoting the health and groups, lawyers and legal centres, unions and other wellbeing of young people in the state of Victoria. It focuses government departments and statutory authorities. The on substance abuse prevention and on providing supportive development of the Disability Bill has also been undertaken interventions to redirect vulnerable young people away from over a number of phases. such harmful activities. Phase 1 began with the release of a discussion paper in May I commend the bill to the house. 2003 titled Review of Disability Legislation in Victoria and was followed by three months of consultation involving close Debate adjourned for Hon. D. McL. DAVIS (East to 1200 individuals and organisations. Yarra) on motion of Hon. Andrea Coote. The development of recommendations and the release of the Review of Disability Legislation — Report of Debate adjourned until next day. Recommendations in October 2004 formed a part of phase 2. A consultation period that followed gave individuals and organisations a further opportunity to provide feedback on the DISABILITY BILL recommendations. More than 500 people participated in focus groups held across Victoria, and 80 organisations submitted Second reading comments during the consultation period. Phase 3 has involved preparing the Disability Bill to introduce Mr GAVIN JENNINGS (Minister for Aged into Parliament. The government agreed to release the Care) — I move: exposure draft of the Disability Bill in November 2005 to communicate the changes that had been made since the report That, pursuant to sessional order 34, the second-reading of recommendations and in acknowledgment of the speech be incorporated into Hansard. complexity and diversity of matters covered in the bill. Seventy-seven submissions were received from individuals At the conclusion of the second-reading debate the bill and organisations. will be referred to the Legislation Committee, which will be the first time the house will have the opportunity The Disability Bill has been developed within a broader government policy agenda, ensuring that all Victorians have to refer such a bill under the standing and sessional the opportunity to realise their human rights and their full orders of the chamber, to allow for additional scrutiny potential through: DISABILITY BILL

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1. the social policy action plan A Fairer Victoria, released These acts, and particularly the Intellectually Disabled in April 2005, which provides a framework to guide the Persons’ Services Act, were landmarks in recognising the government’s approach to addressing the causes and rights of people with a disability in Victoria. consequences of disadvantage and to support people to realise their full potential; However, these acts were both introduced more than a decade ago. Since that time, there have been many changes and 2. the Growing Victoria Together — A Vision for Victoria advances in a number of areas. Some of these include to 2010 and Beyond policy released in March 2005, changes in community attitudes and expectations, changes to which expresses the importance of protecting rights, the delivery of supports and services; and the growth of a building cohesive communities and reducing commitment to ensuring that people with a disability can inequalities; exercise their rights and responsibilities as citizens.

3. the Attorney-General’s justice statement released in All of these changes have placed greater demands on the 2004, which identifies the need to ensure that human existing legislation. rights and values are protected and that issues of inequality and disadvantage are demonstrably addressed In addition, each of these acts has a very different approach. by the justice system: Over time these different approaches have made the administration of the two acts more difficult, and have Human rights are essential to human dignity, sometimes created confusion and inconsistency in their freedom and tolerance, and are a vital prerequisite application. for a free and democratic society. They represent the fundamental protections afforded to all As a result, the current legislation does not support service members of a society and are a statement of value delivery as we know it today and will not sustain the range of that is attached to our common humanity. flexible supports that are envisaged for the future. The review of the current disability legislation has been The state disability plan 2002–2012 conducted over a three-year period to ensure that the interests In 1999, as part of our community services policy, we and concerns of people with a disability, their families, carers, announced our intention to develop a state disability plan. In advocates, disability service providers and the broader 2002, following extensive consultation with the Victorian community could be heard and considered. community, the Victorian State Disability Plan 2002–2012 was released. The disability sector is diverse, and expectations regarding the Disability Bill differ across different disability groups. We The state disability plan outlines our vision for the future, a have listened to what people have said, and the bill reflects a future in which Victoria will be a stronger and more inclusive balanced and considered view of the feedback received. Some community — a place where diversity is embraced and matters that people raised throughout the review are not celebrated and where people with a disability have the same addressed in detail in the Disability Bill. Many of the matters opportunities to participate in the life of the community and raised during the consultation process were of a technical or the same responsibilities towards society as all other citizens operational nature. Other instruments, such as regulations, of Victoria. policies and guidelines, are more appropriate to deal with these matters and will complement the Disability Bill. The plan provides a new attitude to disability based on principles of human rights and social justice, and a The Disability Bill aims to develop a future legislative whole-of-government, whole-of-community approach. In framework that will: doing so we recognise that services for people with a disability extend across all aspects of living, including support the principles and objectives of the state housing, transport, education, employment, income, support disability plan; and recreation. support the development of a strong and stable disability As part of the release of the state disability plan, we sector that is sustainable into the future; announced our intention to review the legislation for provide a more integrated approach to disability; and disability in Victoria. Our 2002 election policy — Access, Support and Participation — reaffirmed this commitment to provide a fairer and more equitable system of supports develop a legislative framework that includes principles and for people with a disability. objectives that are sound and meaningful, mechanisms to monitor services, and mechanisms to protect the rights of The bill also aims to strengthen the rights of all people with a people with a disability in Victoria. disability. In doing so, we will ensure that the achievements and progress made in the last decade are not lost, but built Legislation is important for many reasons. It provides the upon. framework for a just and civil society. It incorporates the values that are important to that society, and changes to In order to ensure a successful transition to the new legislation over time are equally important because they legislation, the act will commence on 1 July 2007 or an earlier recognise and reflect social change. date to be proclaimed. This is because the changes required to implement the new legislation are substantial. The supporting The current legislation, the Intellectually Disabled Persons’ documentation regarding technical and operational matters, Services Act 1986 and the Disability Services Act 1991, establishment of the disability services commissioner and provide for the planning, funding and delivery of supports and senior practitioner, information and education for people with services to people with a disability. DISABILITY BILL

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a disability, their families and carers, and disability providers realise their individual capacity for physical, social, will require a considerable implementation time. emotional and intellectual development;

The intent of the Disability Bill is to enact a new legislative exercise control over their own lives; scheme for people with a disability, repeal the Intellectually Disabled Persons’ Services Act 1986 and the Disability participate actively in the decisions that affect their lives Services Act 1991 and make consequential amendments to and have information and be supported, where other acts. The purpose of the Disability Bill is through necessary, to enable this to occur; legislation to reaffirm and strengthen the rights and responsibilities of people with a disability and recognise that access information and communicate in a manner this requires support across the government sector and within appropriate to their communication and cultural needs; the community. services which support their quality of life. The key areas of the Disability Bill, which will be discussed in more detail, are the provision of: In addition to these broader objectives and principles the Disability Bill also outlines our commitment to a quality clear statements of objectives and principles to underpin disability service system. The objectives outline a the way that disability services and supports are requirement to facilitate the planning, funding and provision provided for people with a disability; of services, support the provision of high-quality services, promote and protect the rights of people accessing disability a stronger framework for ensuring the support of people services, make disability service providers accountable, and with a disability is recognised across government and ensure the efficient and effective use of public funds. the community; The commitment to a quality disability service system is also a fairer system for access to disability services and underpinned by principles specific to disability service supports; providers. These principles specify that disability services should: a system of planning that recognises the individuality of the person; advance the inclusion and participation in the community of people with a disability, with the aim of better structures for ensuring the quality and achieving their individual aspirations; accountability of disability services; be flexible and responsive to the individual needs of an improved system for dealing with complaints about people with a disability; disability service providers; maximise the choice and independence of people with a better protection of the rights of people with a disability disability; who are accessing disability services; be designed and provided in a manner that recognises a system for regulating restrictive interventions and different models of practice may be required to assist compulsory treatment. people with different types of disability and at different stages of their lives to realise their physical, social, Clear statements of objectives and principles to underpin emotional and intellectual capacities; the way that disability services and supports are provided for people with a disability enable people with a disability to access services as part of their local community and foster collaboration, These objectives and principles emphasise both our coordination and integration with other local services; commitment to a whole-of-government, whole-of-community approach for people with a disability, and our commitment to as far as possible, be provided in a manner so that a providing quality services through the disability services person with a disability need not move out of his or her program. local community to access the disability services required; In relation to a whole-of-government, whole-of-community approach for people with a disability, the objectives of the act be of high quality and provided by appropriately skilled include advancing the inclusion and participation of people and experienced staff who have opportunities for with a disability in the community, and promoting a strategic ongoing training and development; whole-of-government approach in supporting the needs and aspirations of people with a disability. consider and respect the role of families and other people who are significant in the life of the person with a The principles reinforce our belief that people with a disability; disability have the same rights and responsibilities as other members of the community and should be empowered to have regard for the needs of children with a disability exercise these rights and responsibilities. and preserve and promote relationships between the child, their family and persons significant to the child; People with a disability have the same right as other members of the community to: be provided in a manner that respects the privacy and dignity of people accessing disability services; respect for their human worth and dignity as individuals;

live free from abuse, neglect or exploitation; DISABILITY BILL

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be provided in a way which reasonably balances safety raising community awareness of the rights of people with the right of people with a disability to choose to with a disability; and participate in activities involving a degree of risk; monitoring strategies to increase the inclusion and have regard for any potential increased disadvantage participation of people with a disability in the which may be experienced by people with a disability as community. a result of their gender, language, cultural or indigenous background or location; Role of government

be designed and administered in a manner so as to The Disability Bill prescribes the leadership role of ensure that people with a disability have access to government in making itself and its services accessible to all advocacy support where necessary to enable adequate members of the community. Disability action plans are used decision making about the services they receive; by government authorities to plan for changes to address barriers for people with a disability in accessing public be accountable for the quality of those services and for services. A disability action plan enables an organisation to: the extent to which the rights of people with a disability are promoted and protected by the provision of those benefit from the expertise, knowledge and commitment services; of people with a disability as they gain increased opportunities for employment and participation in if a restriction on the rights or opportunities of a person decision-making; with a disability is necessary, the option chosen should be the option which is the least restrictive of the person ensure that information, infrastructure and services are as is possible in the circumstances. as accessible for people with a disability, their families and carers, as they are to anyone in the community. The Disability Bill also outlines some principles specific to people with an intellectual disability. These principles specify We have already stated a commitment to the development of that disability service providers should remember that people disability action plans in the 10 Victorian state government with an intellectual disability: departments. The development of these action plans is now substantially completed, and most departments are now are able to develop skills and have the right to develop moving into implementation of these plans. these skills through supports that meet their individual needs and choices A number of other government bodies too have developed action plans and committed themselves to eliminating should not be controlled by service providers, and discrimination against people with a disability in critical areas of community life, including in the arts and electoral should be supported to move from institutions to processes. However, by including disability action plans in community-based living situations. the bill in this way, we are providing a clear mechanism to keep public services accountable to the community. A stronger framework for ensuring the support of people with a disability is recognised across government and the In relation to local government, the bill recognises the community requirement for flexibility for local government and that work is currently under way to reduce the number and complexity This government has outlined a comprehensive approach for of state planning requirements on local governments, as enhancing the community inclusion of people with a outlined in A Fairer Victoria. However, the bill recognises the disability through the policy documents discussed earlier. The importance of access to local services for people with a Disability Bill supports this approach by setting out ways for disability. The bill specifies that if a local government does people with a disability to participate in some key areas of not develop a disability action plan, the components required decision making and policy development. for a disability action plan must be addressed in the council plan provided under the Local Government Act 1989. Decision making A fairer system for access to disability services and By prescribing the establishment of the Victorian Disability supports Advisory Council in the bill we enshrine the rights of people with a disability to participate in all levels of decision making. The Disability Bill provides clarity regarding the target group The Victorian Disability Advisory Council provides a direct for disability services and supports, and confirms the future means of raising the issues that matter to people with a directions for providing disability services for people with a disability with the Minister for Community Services on disability in Victoria. whole-of-government policy issues. The bill defines ‘disability’ as — The bill ensures that the council is broadly representative by specifying that people appointed reflect the diversity of (a) A sensory, physical or neurological impairment or people with a disability and have appropriate knowledge and acquired brain injury or any combination thereof, experience in matters relevant to people with a disability. which —

The bill outlines the key functions of the council as: (i) is, or is likely to be, permanent; and

providing advice to the Minister for Community (ii) causes a substantially reduced capacity in at Services on issues such as whole-of-government policy least one of the areas of self-care, and planning for people with a disability; DISABILITY BILL

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self-management, mobility or undergo additional assessment and for the Department of communication; and Human Services to direct time and resources towards the reassessment process. (iii) requires significant ongoing or long-term episodic support; and People who are found ‘ineligible’ for services can appeal to the intellectual disability review panel, who can then make a (iv) is not related to ageing; or recommendation to the secretary.

(b) an intellectual disability; or Currently people with a disability other than an intellectual disability are also required, by policy, to establish they have a (c) a developmental delay. disability under the Disability Services Act in order to register for access to disability services. In this case however, a letter The definition of ‘disability’ in the bill is consistent with the from a school, doctor or service provider is in many cases target group for the state disability plan 2002–2012 and the sufficient for the department to establish that the person has a requirements of the commonwealth-state territory disability disability. There is no external appeal mechanism regarding agreement (CSTDA). The target group is also consistent with this decision. the target group used Australia wide. Under the Disability Bill the same system for deciding that a Importantly, the bill provides recognition of people with a person has a disability and can register for disability services neurological impairment or acquired brain injury who receive will be used regardless of the type of disability a person has. services funded through disability services but have not had the same legislative rights as people with other types of A person or a person on their behalf can request access to disability. disability services and supports from any disability service provider. Where the disability service provider is satisfied the The inclusion of ‘psychiatric impairment’ in the current individual has a disability, the request may be agreed to Disability Services Act has created confusion, as in Victoria without the need for an additional assessment. these people receive services through mental health services rather than disability services. To provide clarity, people with If the request is denied, the disability service provider must a psychiatric impairment are no longer included in the target notify the person making the request within 14 days. Where group in the Disability Bill. However, people with a the request is denied because the disability service provider psychiatric impairment may continue to access disability does not believe the person has a disability (as defined by the services where they also have an intellectual, physical or bill), the person may appeal to the secretary and subsequently sensory disability, neurological impairment or an acquired to the Victorian Civil and Administrative Tribunal. VCAT brain injury. may uphold the decision of the secretary or make a new decision that is binding on the secretary. This external review There has been some feedback during the consultation creates a greater level of transparency and scrutiny regarding processes that autism should be included in the target group the fundamental issue of whether a person is in the target for disability services. A study undertaken by Latrobe group for access to disability services than is currently University in 2003 titled Autism in Victoria — An available to people. Investigation of Prevalence and Service Delivery for Children Aged 0–6 Years indicated that approximately 75 per cent of The bill, while streamlining access to the system, also reflects children diagnosed with autism have an intellectual disability current practice arrangements where people, particularly and could access disability services. The definitions within people with a disability other than an intellectual disability, the Disability Bill enable people with a range of functional often seek assistance directly from disability service impairments to access disability services, but not all. providers.

However, we recognise there is a need to undertake further The bill will establish a framework for access to disability work across government in this area to develop appropriate services that will: supports and interventions for people with autism and ensure that government as a whole has a better capacity to respond to ensure a system that is simple and consistent for all people with autism. people regardless of their disability type;

The bill provides for a streamlined system to determine reduce multiple assessments for people whose whether a person has a disability, rather than the current intellectual disability has already been determined; system, which is complex and based on disability type. The reflect current practice and streamline the process to provisions in the bill reflect current practice but create greater register for access to disability services by involving flexibility and accountability. disability service providers at an early stage; Under the current system people with an intellectual disability ensure the Department of Human Services remains are required, under the Intellectually Disabled Persons’ ultimately responsible for ensuring only people with a Services Act, to be assessed as having an intellectual disability (as defined under the bill) are registered for disability by the Department of Human Services in order to access to disability services. register for access to disability services. Where a person with an intellectual disability has had previous assessments, for The framework for access will also ensure that resources are example, through a school, the department is still required to not directed to undertaking unnecessary assessments, which assess the person to register for access to services. The bill are often stressful for a person, where a person clearly has a will enable that where a person’s intellectual disability has disability. Only when there is some uncertainty will further already been determined it is unnecessary for the individual to DISABILITY BILL

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assessment be undertaken to determine if they have a of Human Services (DHS) and must be reviewed once in disability as defined in the act. every five years. Where a person with an intellectual disability is receiving a disability service, an individual The bill also increases transparency regarding the process for program plan (IPP) must also be developed. There are no prioritising access to disability services and requires that legislative requirements for planning for people with a criteria for priority of access must be fair and publicly disability other than an intellectual disability, although these available. This is an important step in increasing people may have support plans established when accessing a accountability for decision making regarding access to specific service. disability services. Many people have told us that they often did not want or need A system of planning that recognises the individuality of a GSP or that the requirements in relation to planning did not the person meet their needs. The new approach to planning means that disability service providers can target time and effort to those In a similar manner to the provisions regarding access the people who want assistance with planning and also ensure Disability Bill provides a framework for a system of planning that planning happens in a way that is meaningful to the which allows a more flexible and individually tailored person. response while providing consistent requirements that are not dependent on disability type. Under the bill, a person regardless of their disability, can request assistance with planning from a disability service Planning in the bill is consistent with the principles and provider. The disability service provider must provide, or objectives of the Victorian state disability plan 2002–2012, arrange for the assistance to be provided within a reasonable specifically: time frame.

dignity and self-determination; As a safeguard to ensure that people with an intellectual disability can understand their right to assistance with pursuing individual lifestyles; and planning, where a person with an intellectual disability requests a service from a disability service provider, they reorienting disability supports. must be offered assistance with planning. Individual planning is an important way of identifying what a Assistance with planning in both of the above circumstances person needs and how those needs are to be met. Planning is designed to be individually tailored and responsive to the reflects the person’s membership of their community and person. Rather than prescribing how and when planning draws on a range of supports to assist the person to meet their should occur, the general planning principles contained in the goals and aspirations. act provide the basis for planning with people. Planning in the bill encompasses a range of responses from a Assistance with planning will focus on the goals, needs and brief discussion and agreement about actions required, aspirations of people and consider a range of responses such through to an extensive process and the development of a as community services, informal support and disability plan across a whole range of life areas, documented in a services to meet those goals, needs and aspirations. format that is meaningful to the person and their network. Assistance with planning may or may not result in the Planning should consider community-based and informal development of a plan and is dependent on the individual supports as well as any specific disability services which may needs of the person. be required. Where planning results in a person accessing ongoing The planning provisions in the bill will be underpinned by the disability services, the bill specifies that the disability service Department of Human Services policy framework of provider must, within 60 days of their commencement, individualised planning and support which is about develop a support plan. The support plan can be reviewed at self-determination, community membership and citizenship any time (via request from the person or the disability service and includes a focus on people with a disability directing the provider), however, no less than once in every three-year planning process to the greatest extent possible. period. This approach to individualised planning is consistent with Where a person with an intellectual disability is residing in an international movements towards planning based on institution, their support plan must be reviewed every individual goals and needs rather than a prescriptive 12 months. ‘one-size-fits-all’ approach. A support plan should form the basis of how the specific The bill includes planning principles which outline the service or support will be provided to the person and the plan individualised nature of planning, the role of the individual in should again occur within the individualised planning and directing that planning, and the right of the individual to support framework. The disability service provider has exercise control over their own life including exercising responsibility for the delivery of the service to the individual. maximum choice, which ensures the bill places Victoria While the Department of Human Services, as the funding alongside national and international movements towards body, retains responsibility for the delivery of quality self-determination. services, the disability service provider is best placed to work Currently, the Intellectually Disabled Persons’ Services Act with the person in the development of the support plan and specifies that people with an intellectual disability, regardless this reflects current practice. of their individual needs and circumstances, are required to Planning in the bill will provide a consistent framework that undergo a general planning process to develop a general can be tailored to the needs of each individual. Rather than a service plan (GSP). This plan is completed by the Department prescriptive format, people with a disability can be assured DISABILITY BILL

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that planning will take place as they request or require it, the administration of medication a very important operational rather than imposed on them when they may not need or want matter, which is more appropriately addressed in policy it, and be flexible and responsive to their individual needs and development and practice guidelines that take into account the circumstances. Drugs, Poisons and Controlled Substances Act 1981. However, the bill provides a framework for establishing The responsibility for planning will be shared between the monitoring and accountability mechanisms in relation to department and other disability service providers which standards, to address important policy matters, such as the reflects what currently takes place in practice for most people administration of medication. with a disability. The department as the funder of disability service providers still retains ultimate responsibility for The bill provides that the Minister for Community Services planning for people with a disability, however, recognises, must determine standards to be met by disability service through the bill, that sometimes, disability service providers providers providing services under the Disability Act. The bill working directly with people with a disability may be best specifies that these standards may include standards regarding placed to support them with planning. support plans and complaint management.

Better structures for ensuring the quality and The secretary must specify performance measures to meet accountability of disability services these standards and may monitor service providers for compliance with the relevant performance measures. The Disability Bill provides for enhanced mechanisms to Monitoring for compliance against the standards will occur ensure the quality and accountability of disability services. through both annual organisational quality reporting and These mechanisms include provisions regarding: independent quality monitoring. Independent quality monitoring will objectively verify the quality of support registration of disability service providers; provision and will involve the participation of people with a disability, their family members and carers in all aspects of standards and monitoring of performance; the process.

provision of information to service users; The bill provides for actions and consequences to be implemented to ensure that disability service providers management of money; and comply with the standards. This will make both Department strengthening the work force. of Human Services and funded non-government disability service providers more accountable to government and people Registration of disability service providers with a disability, their family members and carers.

As part of the framework for ensuring quality and Provision of information to service users accountability, service providers funded to provide disability services will be required to register under the bill. The The provision of accessible information to people about the registration process ensures that the accountability support they are accessing and their rights under the bill is a mechanisms in relation to the senior practitioner, disability key way of ensuring that disability service providers are services commissioner, provision of information, accountable to people with a disability. management of money requirements, standards and The Disability Bill requires disability service providers to monitoring, and restrictive interventions apply to the provide information to people with a disability which is provision of disability services under the legislation. relevant to the service they are providing. This information The secretary has been provided with the power through the includes how services are delivered, including any cost, any registration provisions to impose any conditions or conditions under which support is to be provided, the restrictions that the secretary considers appropriate on the procedures for making a complaint, and information registration of a disability support provider. regarding a person’s rights under the bill.

Registration of a provider is effective for a period of three The bill requires that this information and other statements years and a provider may apply for renewal of their and notices that are required to be provided to people with a registration after that period. The secretary has the power to disability under the bill are in a format that is accessible and revoke a provider’s registration and the revocation of a most likely to assist the person’s understanding. The bill provider’s registration is a reviewable decision by the specifies that wherever possible, information should be Victorian Civil and Administrative Tribunal. provided orally as well as in writing. However, the bill also acknowledges that some people with a disability may still not Standards and monitoring performance be able to understand the information provided. In these instances, the bill provides for information to be given to a Standards and performance measures are a component of the family member, guardian, advocate or other person chosen by work that is being undertaken in relation to improving the the person with a disability. quality of disability services. Quality is about continual improvement. It is also about ensuring that supports and Managing money services are responsive to the needs and expectations of people with a disability, as service users. The bill will specifically forbid disability service providers from managing the financial affairs of people with a disability As previously highlighted, there were some matters that for whom they are providing support. ‘Managing financial people raised as part of the legislative review that are not affairs’ in the context of the bill means controlling a person’s addressed in detail in the Disability Bill. One such area was personal bank account or making decisions on how the the administration of medication. The government considers person’s money should be spent. If a person with a disability is not able to manage their own financial affairs, they should DISABILITY BILL

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be supported to obtain the services of an independent make a complaint and to have the complaint handled quickly, financial administrator. fairly and confidentially, without fear of losing the service.

The bill will also ensure that where disability service The bill requires all government and funded non-government providers providing residential services hold money on behalf disability service providers to have clear, accessible and of people with a disability or handle that money, they have a well-documented internal complaints management and system in place that records transactions, both receipts and resolution processes. These processes will be aligned with the expenditure, and can produce a statement of these Australian standard on complaints handling and will require transactions on a monthly basis. The bill will continue the disability service providers to: operation of the Residential Trust Fund from the Intellectually Disabled Persons’ Services Act to enable the secretary to hold develop and document an internal process for managing money in trust in her role as a disability service provider complaints; and when providing residential services. provide information about the complaints process to Strengthening the work force service users in a format which meets their communication needs and is accessible, relevant and A strong and stable work force — across both government assists understanding. and non-government sectors — is crucial to improving quality outcomes for people with a disability. We recognise, however, that sometimes people do not feel comfortable complaining to their disability service provider or If we are to support people with a disability to achieve their a complaint has not been resolved or the person is unhappy goals and aspirations, then we need to strive for a disability with the way a complaint has been handled. sector that gives priority to staff training and development and that continues to develop a culture of valuing staff and In recognition of this, the bill includes the establishment of providing opportunities for their development. Victoria’s first disability services commissioner to review and conciliate complaints and monitor outcomes to ensure the The bill provides recognition of the importance of training best quality disability services. and development by a principle which emphasises that staff have opportunities for ongoing learning and development. The disability services commissioner will be established as an The bill also provides that the secretary should promote the independent statutory body which reports annually to establishment of appropriate training courses for staff Parliament pursuant to the Financial Management Act 1994. providing services to people with a disability. The establishment of the commissioner is a major reform in In addition, the bill also specifies that the secretary can the provision of disability services and means that people with impose requirements with respect to staffing and a disability will have the right of complaint to an independent qualifications as a condition of registration as a disability body, as currently exists within health services through the services provider. health services commissioner.

The provisions of the bill reinforce the progress we have The bill outlines the disability services commissioner’s roles made in staff training and development. These include and functions, which are closely modelled on the roles and implementing competency-based learning and development functions of the health services commissioner. The across the government and non-government sectors. We are commissioner will have a broad range of powers, including also developing relationships with universities and training the power to investigate, conciliate and review complaints providers to align training with the needs of the work force. and monitor outcomes of any recommendations made.

In addition, we are developing an industry plan for provision A key difference, however, from the health services of support to people with a disability. The industry plan will commissioner is that the disability services commissioner has address a range of areas including: the capacity to address complaints made by any complainant, not just the person who is receiving the service. This continuing the development of an industry-wide work recognises that some people with a disability may have force plan; difficulty in exercising their right to lodge a complaint with the disability services commissioner. models and practices to support staff in implementing flexible approaches to service delivery; The model of conciliation and investigation used by the disability services commissioner is the most appropriate to the industry-wide standards and mechanisms to promote provision of disability services. The commissioner is able to continuous quality improvement. look into complaints about any aspect of the provision of disability services, and this will include the review of support All of these strategies will combine to ensure that people with plans similar to the current review process by the intellectual a disability are able to access high-quality supports through disability review panel. disability services. The bill also specifies that disability service providers must An improved system for dealing with complaints about report annually to the disability services commissioner on the disability services number of complaints they have received and how these complaints have been resolved. Another key component to enhance the quality of disability services is an improved complaints-handling process. People The bill also establishes a Disability Services Board as a new with a disability or their representatives have the right to authority to advise the minister on the disability complaints system and the operation of the disability services DISABILITY BILL

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commissioner, as well as directly advise the commissioner on support the person requires. In many circumstances the matters referred to them. The board will consist of disability services provider is also not the owner of the 11 members appointed by the minister and will include property. representation of people who are able to express the interests of disability services providers and disability services users or In working through the various complex issues, we came to who have expertise in matters that would benefit the board. the view that the provisions under the Residential Tenancies One member will be a representative of the health services Act are not suitable for the majority of people living in commissioner and one member will represent the secretary. community residential units, and in fact would potentially At least one member of the board must have the experience make some people more vulnerable to eviction. and capacity to represent the interests of children with a disability. In addition, we believe that having key provisions determined by policy direction would provide less certainty for residents The establishment of the Disability Services Board will than if they were prescribed in legislation. As such, residential further strengthen the role of the disability services rights have been included in the bill. commissioner by providing expertise to assist the work of the commissioner. By including residency rights in the bill, the role that the disability service provider plays in nomination to vacancies The development of this independent system for dealing with and in daily affairs of the residence can be appropriately complaints is a major reform for disability services which has recognised and, where necessary, prescribed or regulated. been strongly supported by stakeholders and will lead to enhanced outcomes and better quality services for people By including residential rights in the bill, we are also able to with a disability. strengthen rights for all people residing in disability services residential services, as all residential services, with the Better protection of the rights of people with a disability exception of residential treatment facilities, will be subject to who are accessing disability services some common provisions.

In addition to the provisions already discussed, the bill These include: provides better protection of the rights of people with a disability through: the right to receive a residential statement;

residential rights; clarity about roles and responsibilities of the resident and the disability service provider; and strengthening provisions regarding community visitors; prescription about the circumstances and manner of expanding privacy provisions to cover all people with a entry to a resident’s room. disability accessing disability services; and In addition to these common provisions, the bill will ensure allowing for review of certain decisions by VCAT. that people living in community residential units have residency rights similar to those enjoyed by other members of Residential rights the community who live in rental property, while acknowledging the role of the disability support provider. Disability service providers provide a range of supported This will include the capacity for disability service providers residential services to people with a disability. This includes to: community residential units, respite houses, transitional and emergency accommodation, and residential institutions. ensure that staff and residents respect the privacy and People who reside in disability services accommodation are dignity of their fellow residents; not subject to residential rights under the Residential Tenancies Act 1997. determine the residential charge payable for the provision of housing and support; Some stakeholders have commented that community residential units should be included in the Residential deal with damage or other behavioural issues that might Tenancies Act, with similar provisions to those for rooming affect a person’s tenure; houses. These stakeholders have acknowledged that there are unique issues associated with community residential units balance the need to respond to one resident’s issues which would require the development of significant while maintaining duty-of-care responsibilities to other underpinning policy. residents;

The key issue is that unlike a normal tenancy, where entry is make decisions about whether a person’s support needs based on an arrangement between a landlord and prospective can continue to be met within a particular community tenant, entry to a community residential unit is part of a residential unit; statewide vacancy coordination system managed by the Department of Human Services. This system, which covers communicate to the owner the need for repairs or residential services both funded and directly provided by the maintenance; department, is based on matching people with a disability to ensure all residents have appropriate access to their the supports provided in a particular community residential room and shared facilities. unit. In addition, disability service providers must ensure that Unlike an owner/landlord, the disability service provider is on residents receive clear information about any fees or charges site at all times in which residents are at home, due to the DISABILITY BILL

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they are required to pay and what they receive in receipt of The bill also specifies that for people residing in residential this payment. institutions services should be provided to maximise opportunities to live in a community-based residential service. Placing residential rights in the bill removes the capacity for owners to require payment of a bond and acknowledges that In line with our intent for people to reside in the community significant numbers of residents of community residential with the appropriate support, the bill specifies that admission units are not able to enter into an agreement or understand the to an institution is a decision which is reviewable by the consequences of their actions. Victorian Civil and Administrative Tribunal.

The bill replaces an agreement with the requirement for Strengthening provisions regarding community visitors disability service providers to issue a residential statement that describes the rights and responsibilities of both parties The community visitors program is part of the Office of the and details the service and supports that will be provided. Public Advocate and plays an integral role in providing protections and safeguards for people with a disability The bill will ensure that some specific matters related to the residing in disability services residential services. residency of a community residential unit can appropriately be taken directly to the Victorian Civil and Administrative The provisions in the current legislation have been Tribunal. These matters relate to increases in fees or charges strengthened in the bill, in recognition of the important role and the issuing of notices to vacate. community visitors play in ensuring the rights of residents under the act are being met. The bill requires that a disability The Residential Tenancies Act provides for a notice to vacate service provider must notify the Community Visitors Board to be issued in certain circumstances. However, this act does within 72 hours that a request to visit a residential service has not have a mechanism to recognise that many situations that been made. The Community Visitors Board is now required may meet the criteria for a notice to vacate are to respond to that request to visit within seven days. disability-related issues that the disability service provider has responsibility to address. Expanding privacy provisions to cover all people with a disability accessing disability services Locating residential rights within the bill has allowed us to include provisions that can recognise that people may be in The bill includes and strengthens the requirements of the breach of their residency, due to disability-related issues. As Intellectually Disabled Persons’ Services Act in relation to such, we have included a notice of temporary relocation to information disclosure and handling, but expands these allow time for planning or behavioural intervention to occur provisions to all people with a disability who are accessing prior to a person being issued with a notice to vacate. This is disability services. These provisions provide protections about to ensure that, if the issue cannot be resolved within the the use and disclosure of information about people who are residence, the disability service provider can temporarily accessing disability services and who are not able to provide relocate a person to allow the time and capacity to review the consent for the release of information. circumstances and introduce necessary measures where possible, that will enable the person to return in safety. The provisions also provide clarity for disability service providers regarding when information can be released. Where The bill also provides that with the issuing of a notice of a person with a disability is involved in a range of programs temporary relocation or a notice to vacate, a disability service and supports, the bill enables the disclosure of personal provider must notify both the Public Advocate and the information by a disability service provider to facilitate Secretary of the Department of Human Services. This process coordinated and planned provision of services. is to ensure some external accountability and protection of rights. The bill is consistent with the broader privacy principles set out in the Information Privacy Act 2000, which protects In addition, residents will be provided with greater access to people’s personal information, except health information, and dispute resolution in relation to matters that are, more often the Health Records Act 2001, which specifically protects than not, related to their support rather than their residency. people’s health information, including personal information The avenue to have these matters addressed is through the that is collected by organisations about people with a disability services commissioner who will be uniquely placed disability. to provide expertise in conciliation in relation to matters of support provision. Allowing for review of certain decisions by the Victorian Civil and Administrative Tribunal (VCAT) By including residential rights in the bill, we have created a strong balance between protecting these rights and ensuring The bill strengthens the protection of the rights of people with that support can be provided within community residential a disability by the inclusion of a range of reviewable decisions units. through applications to the Victorian Civil and Administrative Tribunal. Under the current legislation, people with a Residential institutions disability have not had the capacity to appeal decisions made by disability service providers to a body that can make As mentioned, the bill outlines some common residential enforceable decisions. provisions that will also apply to residential institutions. The bill also specifies that people who reside in residential People with an intellectual disability have had the capacity to institutions have the right to a high quality of care and apply to the Intellectual Disability Review Panel on a small development opportunities while they continue to reside in range of decisions. Reviewable decisions under the the residential institution. Intellectually Disabled Persons’ Services Act have included eligibility for services, admission to a residential institution, DISABILITY BILL

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the content and review of a general service plan and the develop links to professional bodies and academic decision to use restraint or seclusion. institutions to improve the knowledge and training of workers The bill provides that all people with a disability will be able to apply to VCAT on a range of reviewable decisions. These undertake research and provide information to disability decisions include whether or not a person has a disability service providers within the meaning of the act and decisions that impact on a person’s liberty such as the use of restraint or seclusion. The monitor and evaluate the systemic use of these practices decisions also include the residential issues already discussed. and make recommendations to the minister and secretary. In feedback received through the extensive consultation process, the majority of stakeholders supported the review of The bill provides that the senior practitioner must publish an decisions by a body with decision-making powers. VCAT has annual report. advised that they have the expertise to hear the matters outlined in the bill. VCAT’s ability to hear these matters The bill also provides the senior practitioner with additional stems from its broad experience in administrative review and powers in relation to the use of restrictive interventions and dispute resolution, and in dealing with people with a disability compulsory treatment. These powers include inspecting through a number of their lists including their premises and investigating, monitoring or auditing the use of antidiscrimination and guardianship lists. these practices. The senior practitioner may by written order direct that a practice, procedure or treatment is discontinued. In addition to the review rights available to people with a In this case, the senior practitioner must assist in developing disability, disability service providers will also have the alternative strategies for managing the behaviour of the capacity to apply to VCAT to review a decision in relation to person affected. the secretary’s registration powers. A person or disability service provider may apply to VCAT for a review of a The senior practitioner will be established as a position under decision by the secretary to refuse an application for the direction of the Secretary of the Department of Human registration or the renewal of registration and the decision to Services. The establishment of this position as an internal revoke the registration of a provider. This also applies in office means the senior practitioner will not just be a monitor relation to a decision by the secretary to approve a disability but able to have a greater impact on quality improvement and service provider to use restrictive interventions or supervised better outcomes for people with a disability subject to these treatment. practices.

A system for regulating restrictive interventions and Restrictive interventions compulsory treatment Restrictive interventions are practices used by disability The provisions in the bill regarding restrictive interventions services providers that are designed to prevent a person with and compulsory treatment follow on from the an intellectual disability harming themselves and others or recommendations made by the Victorian Law Reform destroying property, which may result in harm. Restrictive Commission (VLRC) in their report People with Intellectual interventions include mechanical and chemical restraint, Disabilities at Risk (November 2003). They are also in line seclusion and other practices, which restrict the rights or with the earlier Report of the Review Panel Appointed to freedom of movement of a person with a disability. Consider the Operation of the Disability Services Statewide Forensic Service September 2001, which was chaired by The Intellectually Disabled Persons’ Services Act provides Justice Vincent. some guidance in relation to the use of restraint and seclusion; however, we believe the current provisions do not adequately The components of the bill based on these reports are: protect the rights of people subject to these interventions. In addition, during the consultation feedback was received that Establishment of the senior practitioner disability service providers sometimes use these interventions with people with other types of disabilities, to prevent them The bill establishes a senior practitioner who is responsible harming themselves or others. There are currently no for ensuring that the rights of people subject to restrictive protections for these people under the Disability Services Act. interventions and compulsory treatment are protected and that appropriate standards in relation to these practices are met. We are keen to ensure that disability service providers meet The senior practitioner will provide a transparent and their duty of care obligations and that better safeguards are accountable system for regulating the use of these practices. provided to protect the rights of people subject to these practices. The senior practitioner has a range of general functions in relation to restrictive interventions and compulsory treatment To this end, the bill specifies a range of increased protections. including to: These include:

develop guidelines and standards That a disability service provider must be approved by the secretary to use restrictive interventions, as part of provide education and information this approval an authorised program officer must be appointed. provide advice to disability service providers to improve practices That the use of restraint and seclusion must be included in a behaviour management plan. DISABILITY BILL

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That the authorised program officer must approve the Currently there is no integrated statutory framework use of restraint or seclusion in the behaviour regulating the restrictive services provided through the SFS. management plan. People placed within this setting may be subject to either the Sentencing Act 1991, Guardianship and Administration Act The authorised program officer must ensure that an 1986, or the Corrections Act 1986. independent person has explained the use of restraint or seclusion to the person and the person’s right to review The bill provides clear criteria for admission to this service. of this decision by VCAT. These criteria include that the person must be subject to an appropriate criminal order. Where people with a disability do not have access to an independent person through their personal support network, a The bill makes consequential amendments to the Sentencing person will be provided through an independent person Act to create a new sentencing option for people with an program. This program is being established in recognition intellectual disability — a residential treatment order. This that a right to review is not meaningful unless a person can order requires that the person receive treatment in a understand this right. The independent person is also able to residential treatment facility. inform the public advocate if the person does not understand and the use of restraint or seclusion does not meet the The bill provides comprehensive provisions regarding requirements of the bill. The public advocate can then compulsory treatment in a residential treatment facility. These investigate and refer the matter to the senior practitioner or include overview of the treatment provided to the person by initiate an application for review by VCAT. the senior practitioner and regular reviews of the person’s treatment plan by VCAT. These reviews must occur at least The authorised program officer must also notify the senior annually, but an application for review can be made by the practitioner that they have approved the use of restraint or person subject to treatment, at any time. seclusion. The senior practitioner is then responsible for monitoring the use of these interventions. The senior These provisions significantly strengthen the rights of people practitioner may also specify requirements or monitor the use receiving compulsory treatment and make more transparent of other interventions that the senior practitioner believes to the services provided through the SFS. be restrictive. People with an intellectual disability who are living in Strengthening the requirements regarding the use of these restrictive environments in the community interventions in the bill provides better protections and safeguards for the small number of people with a disability Concerns have been raised about a small number of people who are subject to these provisions. with an intellectual disability who live in restrictive environments, when they are not subject to a criminal order. Compulsory treatment These people reside in restrictive living arrangements in residential services due to concern that they might pose a There are a small number of people with an intellectual serious risk of harm to members of the community. There are disability who are subject to compulsory treatment. The bill currently no safeguards to protect the rights of these people. seeks to provide better regulation for these people by providing for transparent and accountable criminal and civil The bill provides for a new civil order — a supervised orders. treatment order, which can be made where a person resides in a restrictive environment because they pose a significant risk At this time these provisions relate only to people with an of serious harm to others. intellectual disability. This is because the provisions seek to regulate what is already occurring. It has been suggested that The bill outlines a range of provisions in relation to the provisions should be extended to people with an acquired supervised treatment, which are aimed at protecting the rights brain injury. Currently, there is little evidence regarding the of people subject to this treatment. These include that: involvement of people with an acquired brain injury in the criminal justice system and whether there are appropriate A disability service provider must be approved by the treatment models available. It is premature for people with an secretary to use supervised treatment. As part of this acquired brain injury to be subject to compulsory treatment in approval, an authorised program officer must be the absence of this evidence. An undertaking has been made appointed. to the public advocate to commence research into this matter prior to any future inclusion of people with an acquired brain That the authorised program officer can only make an injury under these type of provisions. application to VCAT for a supervised treatment order if a treatment plan has been prepared and approved by the People with an intellectual disability who are involved in the senior practitioner. criminal justice system The authorised program officer must notify the public The bill seeks to provide regulation around services provided advocate that an application has been made. through the Statewide Forensic Service (SFS). This service provides intensive therapeutic treatment to people with an The public advocate also has the power to apply to intellectual disability who are involved in the criminal justice VCAT for an order directing the authorised program system and display dangerous antisocial behaviour. Through officer to make an application. This would occur where these services the SFS aims to reduce the risk that these the public advocate believes that a person is being people place on themselves, other clients and the general detained to prevent a significant risk of serious harm to community. others and an application for a supervised treatment order has not been made. EDUCATION AND TRAINING REFORM BILL

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The bill outlines a range of requirements that must be EDUCATION AND TRAINING REFORM met for a supervised treatment order to be made by VCAT, these include that it is the least restrictive option BILL and it is necessary to detain the person to provide treatment and prevent a significant risk of serious harm Second reading to another person. Ordered that second-reading speech, except for A supervised treatment order is for a maximum of statement under section 85(5) of the Constitution Act, 12 months. be incorporated for Hon. T. C. THEOPHANOUS The senior practitioner is responsible for the supervision of (Minister for Energy Industries) on motion of the supervised treatment order. An application can be made to Mr Gavin Jennings. VCAT at any time to review, vary or revoke the order. Mr GAVIN JENNINGS (Minister for Aged These provisions provide clear regulation and transparency around situations which are currently occurring without Care) — I move: adequate external scrutiny. The bill will ensure that the rights of people subject to this form of treatment are adequately That the bill be now read a second time. protected. Incorporated speech as follows: In conclusion, we are at the forefront of a new era — an era in which people with a disability will have the same rights, Introduction opportunities and responsibilities as all citizens of Victoria. Today represents a new milestone for education and training This future will also be characterised by a significant shift in in this state. I am pleased, on behalf of the Victorian service delivery, from a focus on disability-specific programs government, to present the most significant education reform to a focus on how people can get individualised supports of legislation since the original act of 1872. This new bill builds their own choosing to enable their individual participation in on the strengths of previous legislation but also reflects the the community. reality of contemporary education. Its main purpose is to set out a legislative framework that will underpin quality The Disability Bill will: education and training delivery in Victoria, both now and well into the future. It establishes a robust framework for both support the principles and objectives of the state education and training that compares favourably with the best disability plan; across the OECD and will enhance economic, social and cultural prosperity. support the development of a strong and stable disability sector, that is sustainable into the future; As Minister for Education and Training, I am responsible for ensuring the provision of quality education and training provide a more integrated approach to disability; and opportunities for all Victorian students. The people of Victoria deserve, and expect, the best possible learning provide a fairer and more equitable system of supports opportunities, whatever their background or circumstances. for people with a disability. Our key education and training priority, therefore, is to ensure that all Victorian students are provided with a wide range of Most importantly, the bill will strengthen the rights of all effective programs that cater to community and individual people with a disability. In doing so, we will ensure that the needs. It also means building a highly integrated and achievements and progress made in the last decade are not responsive education and training system that offers multiple lost, but built upon. The bill will however provide a pathways and allows Victorians to pursue the increasingly legislative framework to take Victoria forward. specialised qualifications and skills they require to lead the I commend the bill to the house. life of their choosing. Debate adjourned for Hon. BILL FORWOOD Of all the factors that have the potential to increase an individual’s opportunities, education and training is the most (Templestowe) on motion of Hon. Andrea Coote. enabling. It allows individuals to equip themselves to live fulfilling, productive and satisfying lives. It provides the Debate adjourned until next day. opportunity for them to consider their place in our democratic Australian communities and to acknowledge their cultural Ordered that bill be referred to Legislation and linguistic heritage. Not only does education provide the Committee at conclusion of second-reading debate grounding for the development of skills and judgment, it supports people to be innovative and creative. Education and on motion of Mr GAVIN JENNINGS (Minister for training enables individuals to contribute to Australian society Aged Care). by adding to our national prosperity, participating in our democratic processes and strengthening the cohesive and egalitarian nature of our communities. It is a private good that has immense public value.

The successful provision of quality education and training for all is the critical requirement of all modern democracies to enable their citizens to flourish personally and to maximise economic, social and cultural opportunity. EDUCATION AND TRAINING REFORM BILL

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A quality education and training system does not respond freedom of speech and association; and only to contemporary needs and issues; it should also identify and anticipate future needs and challenges. the values of openness and tolerance.

It is a fundamental community and social glue, while being a Australian civil society is defined, among other aspects, by bridge to a more prosperous and harmonious future. these key tenets. Our consultations with the community confirmed this view. Australian society is tolerant of a range It is important to note in this respect that Victoria’s training of religious, political and social beliefs and values in the legislation is relatively recent — for example, the Vocational context of the fundamental principles of our democracy. Education and Training Act dates from 1990. As a result, Government has an obligation to foster adherence to the much of the training legislation continues to reflect the needs principles of Australian democracy by all education and and expectations of the community. training providers. Identifying this framework through the bill reminds all Victorians not only of the values we hold in By contrast, many of the provisions in the current 1958 common, but also of our shared responsibilities in promoting Education Act remained unchanged from 1872. As a these values. consequence the most significant changes included in this reform bill relate to school education where current legislation The second chapter of the bill contains the provisions relating prescribes in minute and often archaic detail the operation of a to school education in Victoria. This chapter includes those government school over a century ago. applicable to government schools, government school councils, the government school teaching service, the In developing this reform bill we have consulted widely with Victorian Institute of Teaching and the Victorian Curriculum education and training stakeholders and the broader and Assessment Authority. In particular, the bill clarifies the community over the past year. Informed by the views responsibilities of the Victorian Curriculum and Assessment expressed and our own policy research, this bill represents the Authority, stating it is responsible for managing the delivery aspirations and expectations of the community for an of the Victorian certificate of education and Victorian education and training system set in the 21st century in the certificate of applied learning as well as for authorising following ways: schools and training providers to offer these qualifications. This function extends to licensing or approving the use of its it includes, for the first time in education and training curriculum outside Victoria, including overseas. This is an legislation, a set of overarching principles that reflect the important role — other jurisdictions are increasingly democratic values that are the essence of our society and recognising and wanting to use Victoria’s high-quality system of government; qualifications.

it provides for a seamless education and training system The third chapter of the bill describes the provisions for in Victoria that supports high standards and provides post-school education and training. This includes updated multiple pathways and lifelong learning opportunities; provisions from the Vocational Education and Training Act 1990, the Adult, Community and Further Education Act it replaces 12 acts with one consolidated Education and 1991, and the Tertiary Education Act 1993. In this chapter the Training Reform Act; and bill clarifies and confirms the existing policy advisory role of the Victorian Learning and Employment Skills Commission it provides reforms that will support flexible and in the skills and training area and updates its functions to responsive service delivery across Victoria. provide a more strategic focus. To more clearly define its Given the magnitude of the bill, I am sure the members of the responsibilities, the name of this statutory authority will be house will appreciate that this speech will focus on its more changed to the Victorian Skills Commission. significant elements. Chapter 4 of the bill sets out the role and functions of the new The bill is organised into six chapters. The first chapter statutory authority that will be responsible for the regulation describes the general provisions of the bill, and describes two of all schools, training providers and higher education sets of principles. The first set of principles are those which I providers, except existing universities. This statutory propose Parliament has regard to when enacting this authority will also be responsible for the regulation of legislation, while the second set underlie the government home-schooling in Victoria, and will maintain a ‘light touch’ education and training system. approach to the development of minimum standards. I will expand on this approach further on. The first principle set out in the bill is particularly important. It requires that all providers of education and training, both The fifth chapter outlines other general provisions relating to government and non-government owned, deliver their workplace learning, apprentices, enforcement, as well as the programs and teaching in a manner that supports and making of regulations and ministerial orders. This chapter promotes the principles and practice of Australian democracy. also sets out the functions and powers of ministers responsible for the education and training portfolio, as well as those This includes a commitment to: functions that are identified as the responsibility of the secretary of the department. This part of the bill establishes elected government; the responsibility of the department for the administration of education and training in Victoria, with its principal role the rule of law; being to assist the ministers in administering the act.

equal rights for all before the law; The bill updates and merges the existing powers of the minister and includes a new power enabling the minister to do freedom of religion; all things necessary and convenient in connection with the EDUCATION AND TRAINING REFORM BILL

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functions conferred by this bill or any other act. This is section 2.3.31 reflects the current section 14B consistent with modern legislative practices and makes clear of the Education Act 1958 in a slightly to the public the minister’s common-law powers. In addition, the bill enables the minister to approve or enter into amended version. arrangements for multisector provision in Victoria. This will ensure that innovative solutions to provision can be delivered (iii) Section 2.4.22 prevents principals of in the future. For example, a TAFE institute and a secondary government schools from issuing legal school could jointly share or offer services to better meet the proceedings arising out of an appointment or needs of their local community. This is part of our ongoing non-appointment of a person as a principal. The commitment to supporting multiple pathways for Victorian students. type of proceedings listed include prerogative writs, injunctions, or other legal proceedings The sixth chapter of the bill repeals the current 12 acts for issued in the Supreme Court of Victoria. The education and training and provides for transitional and reasons for altering or varying section 85 of the consequential amendments arising out of those repeals. Constitution Act 1975 is to remove delays Section 85 of the Constitution Act associated with a multiplicity of appeal and review processes, and because of the existence Mr GAVIN JENNINGS — I make the following of rights of review under the bill with the Merit statement under section 85(5) of the Constitution Act Protection Board. It is considered that the 1975 outlining the reasons why clause 5.9.3 of the bill specialised Merit Protection Board established provides for the intention of sections 2.2.2, 2.3.31 and under the bill for these processes is the 2.4.22 to alter or vary section 85 of that act. appropriate body to review these decisions. It should be noted that the section repeats the (i) Section 2.2.2(2) provides that the minister’s current section 30 of the Teaching Service Act decision to discontinue or continue a 1981. government school cannot be challenged by prerogative writ, injunction, or other legal Incorporated speech continues: proceedings. The types of legal proceedings listed are those mostly available in the Supreme The current section 14B of the Education Act 1958 prevents Court of Victoria. The reasons for altering or councils of government schools from issuing legal proceedings against any person without the consent of the varying section 85 of the Constitution Act 1975 minister. The term ‘any person’ was considered too is because decisions to discontinue or continue a restrictive, and the updated clause 2.3.31 improves the government school are made following lengthy position of councils by enabling them to issue proceedings public consultation, and are based on projected against non-government bodies without the minister’s consent. This change will permit councils to issue demographic and other considerations such as proceedings against third parties that are not government other government schools servicing an area, and bodies for matters such as contractual disputes. the minister’s decisions on these matters should be final. It should be noted that section 2.2.2 Decisions to discontinue government schools is also a subject worth mentioning. This government is committed to a policy reflects the current section 21A of the Education of not unilaterally or forcibly closing government schools. Act 1958. Whilst we consider that the decision of the minister to discontinue a particular school should be final, it is the (ii) Section 2.3.31 prevents councils of government processes that lead to that decision which will be critical. Our schools from issuing legal proceedings against policy will not see government schools being closed without government bodies without the consent of the community support and ensuring there are other appropriate education services in place for students. minister. The type of proceedings listed include prerogative writs, injunctions, or other legal I now turn to the significant reforms in the first, second and proceedings issued in the Supreme Court of fourth chapters of the bill, focusing on these reforms in more Victoria. The reason for altering or varying detail. section 85 of the Constitution Act 1975 is Access because it is considered inappropriate for school councils established by the government The government believes that all Victorian students should have the opportunity to receive a quality education. Chapter 1 to issue proceedings against the state, or other of the bill enshrines this principle by stating that all school councils, or other bodies having a Victorians, irrespective of the education or training institution common interest with the state. In they attend, where they live or their social and economic circumstances where disputes occur, then status, should have access to a quality education that maximises their potential and achievement, promotes administrative action should be able to resolve enthusiasm for lifelong learning and allows parents to take an the matter, rather than resorting to litigation and active part in their child’s education. tying up our courts. 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This is essential given the positive long-term effects a quality providers are met. I will return to this aspect of the bill when I education can deliver for both the individual and wider discuss chapter 4. society. Information Leading on from this principle, the bill recognises the crucial role of the state in providing universal access to education and A necessary precondition for the exercise of parental choice is training. The state does this through the establishment and the availability of information on education and training maintenance of a government education and training system. providers. The bill includes a principle stating that The importance of this role was recognised over 100 years information concerning the performance of education and ago when our public secondary system was first established. training providers should be publicly available. Victoria’s first director of education, Frank Tate — who was very much the driving force behind establishing this In selecting a school, parents and students often require system — saw something greater in the socially and information on school performance, extracurricular activities economically enabling capacity of public education. He and the school environment. School performance information proclaimed that instead of throwing out ‘a few ropes from the is also required for the community to be assured that public upper storey to accommodate a few selected scholars’, funds are being used to their best advantage. For these Victoria must provide ‘broad stairways for all who can reasons, the Education and Training Reform Bill also states climb’. This sentiment holds true today and this bill — and in that the school community has a right to information particular this principle — reflects the government’s concerning the performance of its school. The bill requires commitment to providing learning opportunities for all. that all schools take responsibility for providing such information via an annual reporting process. The bill sets the Building on this, the bill includes as a principle underlying the expectation that individual school information takes account government education and training system, the right of every of the particular circumstances faced by each school. This is child to attend their designated neighbourhood government not intended to create league tables that compare schools and school. In the majority of cases, the designated government systems, but rather to provide information to the local school will be the school that is nearest to a student’s educational community of a school. permanent residential address. However, infrastructure and facilities impose an enrolment limit on all schools and there The bill also establishes a principle stating the right of parents will be occasions where designated boundaries mean the right and students to receive individual student achievement data of access is not to the nearest geographic location. from their school. Each student and their parents need to receive meaningful and easily understood information about Choice that student’s performance. The vast majority of schools already provide such information and the government Although the neighbourhood school remains the cornerstone recently released a revised reporting framework to enhance of communities and the choice of many parents, the reality for good practice across all government schools. Enshrining this contemporary school education is that parents and students do principle in legislation will promote good practice in all choose between government and non-government schools, as schools long into the future. Although a number of students well as between individual government schools and turn 18 — becoming adults — during year 12, there is a individual non-government schools. Further to this, parents strong community feeling that all parents should be informed and students choose between formal schooling and of their child’s progress. However, recognising this is not non-formal educational settings, as well as between training appropriate in all cases, the bill will enable regulations to be providers. made providing for exemptions where students are estranged from their parents or are not financially dependent on them. This bill recognises as a principle the right of parents to choose an appropriate educational setting for their child. Compulsory education Parents want and should be able to choose the educational environment that most suits the learning needs of their child. Compulsory education is the first provision outlined in chapter 2 and the bill makes clear the obligation of parents to Focusing on schools for a moment, the government ensure their child receives an education — at school or at expects — as a result of this principle — that schools will home — up until 16 years of age. The world has changed need to diversify the courses and programs they offer to meet since 1872 — which was when the current minimum leaving the needs of their community. We have already begun this in age of 15 was originally promulgated. Increasingly the government schools through the reforms of the Blueprint for demands of the labour market mean that young people require Government Schools and this work is ongoing. This higher skill levels to find employment, even at entry-level government is particularly committed to maximising choice positions. The evidence shows that people who complete in the government school system. By including this principle year 12 or equivalent are more likely to make a successful in the bill, we are reflecting the realities of 21st century transition to further study or work. The evidence also shows education and acknowledging the diversity of choices within that there are ongoing effects from leaving school early — not and across sectors. just for the individual but also for society and the economy. It is often the most disadvantaged students who are at risk of not Of course, the government acknowledges the ability to finishing their schooling. The objective of a minimum exercise choice is not dependent only on the capacity of compulsory school leaving age is to prevent students leaving education and training providers to supply diverse educational school with no pathways or prospects. experiences. Choice also depends on the geographic and economic circumstances of the family. This is why all The Bracks government has invested significant resources education and training providers need to be of a high quality. over the past six years in strategies to increase the year 12 or For this reason, the bill establishes a new regulatory authority equivalent completion rate in Victoria. Raising the minimum to ensure minimum standards for all school and post-school EDUCATION AND TRAINING REFORM BILL

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leaving age to 16 years complements these efforts and sets the Secularity and religious instruction expectations of the government and broader community. One of the three ‘cardinal points’ of the 1872 Education Act Free instruction was to ensure the secular nature of government schools. The 1872 act does not define secular, presumably on the Building on the expectations established in the provision for assumption that the community had an agreed understanding compulsory school education the bill guarantees free of what secular meant. Today, secular has come to mean instruction at a government school or a place in a TAFE different things to different people. It is for this reason that the institute or other public training provider until the completion bill not only reaffirms the principle of secularity, but defines it of a year 12 or an equivalent qualification, provided the in modern democratic language. In the first chapter, the bill student is under the age of 20 years as at 1 January of the makes it clear that the government school system is secular, relevant academic year. This is a key element of the and open to the adherents of any philosophy, religion, or faith. government’s commitment to deliver a quality education and Further to this, the curriculum and teaching in government training to all young people now and well into the future. schools is ‘not to promote any particular religious practice, denomination or sect’. Victoria was the first of the colonies to introduce compulsory education, which was secular and provided free instruction In addition to this principle, the bill makes clear in the second through the passing of the Education Act 1872. The provision chapter that the current provisions for voluntary religious of free instruction was particularly controversial at the time, instruction will continue in government schools. The bill also but paved the way for universal access to school education — ensures that government school teachers are able to discuss now enshrined in every state and territory’s legislation. This and teach comparative religion within the context of secular legislation had a powerful impact — school attendance subjects such as politics or history. In a democratic and increased by approximately 50 per cent when it was enacted. diverse society such as Australia, there is a widely held view that schools should enable their students to understand the The community expects free instruction in government religious perspectives, beliefs and cultural understandings of schools and we have reaffirmed this in this bill. As I have the people who constitute the society in which they live. This already stated, access to education is important — particularly will inevitably involve an exploration of various religious for the most disadvantaged in our community as it has the beliefs. This does not mean that teachers can promote a capacity to expand life opportunities. In this legislation, ‘free particular religious view, but that they can discuss and explore instruction’ in schools refers to teaching in the eight key different religious perspectives as part of delivering the learning areas identified in the 1999 ‘Adelaide Declaration’s Victorian curriculum. For government school teachers to do National Goals for Schooling’. This is agreed by all their job properly and develop well-informed young people, Australian jurisdictions. they need to be confident that they can cover all historical and contemporary issues, including religion. This bill will clarify The bill also enables government schools to seek voluntary ambiguities that exist in the current legislation. contributions and charge for goods and co-curricula, or extracurricular, activities such as textbooks or school camps. New regulatory regime for all education and training This reflects the reality of current practice in government providers schools and makes provision for communities that wish to make additional contributions to their school. Of course, we As indicated earlier in the overview of the bill, chapter 4 recognise that for some families voluntary contributions are establishes and outlines the responsibilities of a new common not possible. It is for this reason that the bill includes several regulatory authority for all schools, training providers and specific principles that schools must adhere to when seeking higher education providers, except existing universities. This financial contributions. These are: contributions are to be authority will also have responsibility for monitoring voluntary and obtained without coercion or harassment; a home-schooling. child is not to be refused instruction in the eight key learning areas because the child’s parents do not make a contribution; We all know that a quality education makes a difference. a child is not to be approached or harassed for contributions; Young people need a high standard of education to underpin in requesting voluntary contributions school councils must their economic and employment security, and to enable them clearly articulate how the funds will be spent; and finally, any to keep learning in an ever changing and more challenging record of contributions should be confidential. world. Parents, therefore, rightly expect that their children will be provided with a quality education. To ensure all As I indicated earlier the government has gone one step schools, training and higher education providers are further and included in the bill a guarantee of a place at a delivering a quality education we need to make certain they TAFE institute or other public training provider to the are meeting minimum standards so that all students have the completion of year 12 or its equivalent if the student is under opportunity to reach their potential. These are not ‘lowest 20 years of age. We are the first Australian state or territory to common denominator’ standards, but a guarantee that all do so in legislation. students can have access to a quality education, no matter what school, training provider or higher education institution This bill recognises the differing needs of young people. A they attend. range of alternative pathways is required to ensure that as many young people as possible participate in education and We have carefully considered the breadth of options and training. This provision will support and encourage young believe that establishing a new statutory authority, with people to complete their studies, particularly those at risk of responsibility for the registration and accreditation disengaging from education and training without any arrangements for all schools, training and non-university qualifications. higher education providers is the best solution. This acknowledges the reality of successful 21st century education — the need to have a range of education and EDUCATION AND TRAINING REFORM BILL

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training providers that can deliver a variety of pathways for education provider improvement beyond the required young people as well as lifelong education and training for standards. This is a matter for the owners and operators of the entire community. This is a key element of the statutory education and training providers. The government expects authority — and indeed the bill — as it will support a school system authorities, such as the Catholic Education seamless Victorian education and training system. It is the Commission, and other appropriate school education first time such a regulatory authority has been established, not organisations, such as the Association of Independent only in Australia but across the OECD. This is yet another Schools, will be licensed by the new authority to take example of Victoria leading the way as we did back in 1872. responsibility for quality assurance. It is anticipated this might also apply to training and higher education organisations for The bill makes it clear that this new authority will incorporate the non-university sector. and build upon the current responsibilities of the Victorian Qualifications Authority and the Registered Schools Board, Victorians want to be proud of and feel confident about their both of which will be abolished. This authority will ensure all education and training institutions. A set of expected schools are accountable to the same minimum standards, so standards and a common, modern regulatory regime for all that all Victorian students can have the very best education to education and training providers will give the community this set them on their way to a successful adult life. On the advice confidence. The government’s goal is to ensure that all of our of this new authority, regulations will be made with respect to education and training providers are accountable for the minimum standards for school education, training and providing the best possible education for their students. higher education providers (other than existing universities). As stated earlier, this bill acknowledges parental choice. The bill makes clear these standards for schools will relate to Parental choice extends beyond school education the following areas: providers — some parents also choose between formal schooling and home-schooling. Although home-schooling is student learning outcomes; chosen by relatively few parents, it is common throughout the democratic world and Australia is no exception. The bill enrolment policies and minimum enrolment numbers; recognises this choice and the commitment that home-educators make to their children’s learning. Equally, student welfare; the responsible minister also needs to exercise their responsibility under the act to ensure all students receive a curriculum programs; quality education. The current approach to home-schooling governance and probity; and provides no support to parents in terms of materials or guidance. Therefore, the bill requires the new statutory review and evaluation processes. authority to develop a modern and transparent approach to registering and monitoring home-schooling. This will be done The bill also makes clear that training providers will need to in close consultation with parents engaged in meet minimum standards that are consistent with the national home-schooling. standards for registered training organisations. These national standards currently apply to: This 21st century approach to statutory regulation allows education and training providers to get on with what they student learning outcomes and welfare services; know best — learning and teaching free of antiquated compliance structures. The responsibilities of ministers under student enrolment, records and certification; the new act will be supported through a regulatory approach that upholds standards and protects all Victorian learners. teaching, learning and assessment; Summary and concluding remarks governance, probity and legislative compliance; In summary, the government has developed a student-centred quality assurance, review and evaluation processes. bill that not only reflects the reality of contemporary education and training but will support the learning and The bill requires the authority to establish registration development of future generations. It is a bill that processes for vocational education and training providers, acknowledges the traditions of Victorian education yet consistent with the defined minimum standards. provides a platform that will serve the young people of this state for decades to come. It is a bill about good education and With regard to non-university higher education providers, the training outcomes for all Victorians. bill requires the authority to develop minimum standards that these providers will need to meet for registration and The Education and Training Reform Bill facilitates diversity, accreditation in Victoria. choice, innovation and flexibility in the delivery of education and training. It ensures the right of all Victorians to a The bill also gives the new authority responsibility for high-quality education; it enshrines a commitment to approving the establishment of new universities in Victoria. democracy; it promotes access; and, most importantly, it places an obligation on providers, whether government, Finally, the bill makes the authority responsible for approving non-government or home-schooling parents, to ensure all providers to offer courses to overseas students and accrediting young people receive an education that will prepare them to all education and training qualifications in Victoria. participate fully in the world that awaits them. The bill requires the new authority to exercise a ‘light touch’ approach to regulation that is consistent with the modern Education and training is crucial to our individual and regulatory practices operating throughout the OECD. This collective futures. It is the cornerstone of strong democracies authority will not be responsible for school, training or higher INTERPRETATION OF LEGISLATION (FURTHER AMENDMENT) BILL

Tuesday, 4 April 2006 COUNCIL 1207

in which all citizens can play a role in determining the type of legislation passed in any particular year is numbered 1. society in which they wish to live and prosper. Then as the legislation flows through the numbering As Minister for Education and Training, I have a goes on — 2, 3, 4, 5, 6, 7 and so on. What the responsibility to ensure that all Victorian students have the amendments make clear is that, if for any reason there opportunity to achieve their potential in learning. is a slip-up and the legislation is numbered, for The successful provision of quality education for all is the instance, 1, 2, 3, 4, 6, with a gap before the 6, any glue which provides economic prosperity, social harmony and subsequent legislation will not be invalidated by the individual aspiration for all its citizens. error. The bill simply provides that any inconsistencies in the numbering system will have no effect on the This important bill provides the means to enable this to happen. validity of legislation.

I look forward to what I am sure will be a wide-ranging and The second amendment clarifies the question of when a informative debate. particular piece of legislation comes into force. It provides that an act will commence by default on the I commend the bill to the house. day of proclamation or, failing that, on the first Debate adjourned on motion of anniversary of its passing, whichever is earlier. It Hon. ANDREW BRIDESON (Waverley). simply clears up when an act commences. There is an amendment that deals with the question of what actions Debate adjourned until next day. can be taken under a particular piece of legislation between the passing of that legislation and its Ordered that bill be referred to Legislation commencement. Committee at conclusion of second-reading debate on motion of Mr GAVIN JENNINGS (Minister for Existing section 13 of the Interpretation of Legislation Aged Care). Act sets out that certain powers can be exercised between the passing of an act and its commencement. We have been told that that section is often utilised to INTERPRETATION OF LEGISLATION set up various administrative functions that have to be (FURTHER AMENDMENT) BILL in place when the act actually commences. This intervening period is used to set up various Second reading administrative functions, such as establishing offices, Debate resumed from 30 March; motion of employing staff and so on. New section 13 sets out Hon. J. M. MADDEN (Minister for Sport and precisely which powers can be exercised during the Recreation). period between the passing of an act and its commencement. Hon. C. A. STRONG (Higinbotham) — In rising to speak on the Interpretation of Legislation (Further The next set of provisions deal with the effect of the Amendment) Bill I will begin by informing the house repeal of a particular act on provisions in other acts. For that the opposition will be supporting this piece of example, a particular act may be brought in which, as is legislation. It is a fairly simple piece of legislation. the case with many of the bills we deal with, contains Amendments to the Interpretation of Legislation Act saving provisions to ensure that the rights and come before the house every so often. It is worth noting privileges people held under the previous legislation are that that act simply provides some clarification as to saved when the new piece of legislation is brought in. how legislation should be interpreted, specifically by What this clause makes quite clear is that if a piece of the courts and the bureaucracy. Whenever there is legislation which contains a saving provision is confusion and a need to further clarify how legislation subsequently made redundant, that saving provision is meant to be interpreted, amendments to the will still operate. That is all a little bit complicated, but Interpretation of Legislation Act are introduced. That is it ensures that justice will still be done for the people what this bill does. who have rights under those particular saving provisions and transitional arrangements. To give the house some idea of how relatively straightforward, but nevertheless important, many of The next set of clauses deals with references in bills to the amendments are it is worth running through them section numbers in other pieces of legislation. We often very quickly, even though, as I said, it is a fairly simple see in this house a bill containing a clause with a bill which we will certainly not be opposing. The first reference to a section numbered blah, blah, blah in significant amendment deals with the numbering of some other piece of legislation, such as a reference to a legislation. Members will be aware that the first bit of section in a particular piece of federal legislation, but as INTERPRETATION OF LEGISLATION (FURTHER AMENDMENT) BILL

1208 COUNCIL Tuesday, 4 April 2006 we know because we are doing it all the time, when we could have been some other attorney-general, so it is amend legislation the clause numbers change. These necessary to clarify that aspect, but this really is a provisions make it quite clear that when a clause is belts-and-braces job in every way. amended any references to the clause will automatically change with it. Therefore any references in the In relation to clause 12, there was a recent court case amended bill will show the new clause number. Once which requires some clarification. The recent High again it is quite sensible and logical, and with Court decision in McNamara v. Consumer Trader and computers it is a lot easier to do than it used to be. Tenancy Tribunal and Roads and Traffic Authority found that a statutory body did not have the benefit of There are also amendments to the definitions to clarify Crown immunity even though it was described in references in bills to particular people or things. legislation as representing the Crown. The McNamara Clause 9 of the bill makes some of these definitions case did have some controversy about it, but that aside, quite clear. I will read some of them out so members the court held that there was no Crown immunity. understand they are purely for clarification and will not Proposed section 46A(1) makes it quite clear. It significantly change any meaning or action in a bill. For provides that where a statutory entity represents the instance, clause 9 inserts into section 38 of the act a Crown, then the entity is to have for all purposes, the definition of ‘Attorney-General’. It states that status, privileges and immunity of the Crown unless the ‘Attorney-General’ means the Attorney-General of contrary intention appears. As I said, there is some Victoria, just in case there may have been some controversy about the McNamara case and the extent to confusion as to whether it meant the Attorney-General which the changes are retrospective and have of Australia or some other attorney-general or disadvantaged the individuals concerned, but whatever. It also defines ‘fee unit’. We use that nevertheless the principle is valid: it should be quite terminology a lot. The term ‘fee unit’ appears in various clear that where it is a public entity, then it has the bits of legislation. The bill defines ‘fee unit’ as having immunity which is afforded to it by the Crown. the meaning given to it by section 4 of the Monetary Units Act 2004. Surprisingly it goes on to define In summary, those are the issues the legislation deals ‘individual’ as meaning a natural person — in other with. These amendments make quite clear how words, it clears up what an individual is, in case there legislation should be interpreted, and many of them are, may be some sort of esoteric dispute in law about that. it seems to me — and it has seemed to me with It makes it quite clear that it means a natural person, not previous amendments — guarding against the most a corporation or some other thing. esoteric and unlikely of events, but nevertheless the truth remains that we want legislation to work, so if I have already mentioned changes to clause numbers there is any doubt it should be made clear. With those through subsequent amendments, and we know that comments I urge the house to support the bill. department names also change all the time. Department names and section names are changed on a fairly Hon. W. R. BAXTER (North Eastern) — Like regular basis as government reorganises, and that is Mr Strong, I am happy to indicate that The Nationals particularly so with this government, which is forever are supporting this small piece of legislation. I have involved with issues of spin and reorganisation rather often over the years found it quite fascinating that we than issues of substance. The names of all these need a piece of legislation to enable us and others to departments are changed for political purposes to make interpret the statute book. I can remember the them look and sound better. What clause 10 makes predecessor of this bill, the Acts Interpretation Act quite clear is that when the name of a department that is 1958, which I thought at the time was a rather odd title, referred to in the legislation is changed, then the and now we have got the Interpretation of Legislation reference is automatically a reference to the department Act as its successor, but I suppose when one reflects with its new name — in other words, it maintains the upon it, the law is exceedingly complex in many relationship that existed before. respects and obviously there needs to be some sort of standard as to how various provisions are to be I will simply touch on the amendments in clause 12, uniformly and consistently interpreted by courts, which relate to the protection at law of entities members of Parliament, public servants and the general representing the Crown. There is a need to do citizen. something about that rather than it just being, as with many of these things — the definitions, for instance — The provisions in this bill are acceptable. I am surprised a belts-and-braces job. Somebody may hold that when and somewhat mystified by the fact that some time last an act talked about the Attorney-General it did not year someone could not count and when numbering necessarily mean the Attorney-General of Victoria, it acts seriatim left out one of the numbers, and we have INTERPRETATION OF LEGISLATION (FURTHER AMENDMENT) BILL

Tuesday, 4 April 2006 COUNCIL 1209 to now put into the statute book the fact that that actually the cause of this becoming the practice of the happened and that it is of no consequence. So be it, I Parliament, but it goes to the issue of very minor suppose. punctuation changes. I am sure we did not previously insist that they be put in formal amendments. By way I also agree with the clarification included in the bill as of example I refer to a bill that is currently before to what powers may be exercised in getting ready for Parliament which says of the principal act: the coming into being of an entity that may have been established by an act of Parliament and is to come into (a) in section 14 — being on a particular date. I recall the example of the (i) in the definition of ‘‘relevant taxpayer”, for Parliament House Completion Authority, where some “2005;” substitute “2005.” … work was done prior to the authority actually coming into being, so that from day one the authority was in a The average person in the street reading that would be position to proceed without delay. That seems perfectly totally mystified or would conclude that there was a reasonable and laudable to me, but it can be a matter of misprint — that this could not possibly be what it some dispute, and I recall — I think it was in that means. But on a very close examination — if one gets particular example — just how much preparation could one’s magnifying glass out — one sees that it is be carried out prior to the formal constitution of the actually saying in the definition of ‘relevant taxpayer’ authority. It makes a lot of sense to me that the chief that for ‘2005’ followed by a semicolon we should executive officer might be appointed, that suitable substitute ‘2005’ followed by a full stop. That is the premises might be identified and that matters might be only difference. It does seem a bit absurd to me that we got in order so that, whatever the entity is, it can get require an amendment formally to do that. Why can the into its stride because that work has already been done. Parliament not authorise the Clerk or parliamentary counsel or a suitable person to implement punctuation The matter that goes to the renumbering of clauses and changes when they are required? If we authorise the sections in other legislation that are referred to in a Clerk by motion of this house to change the year that particular piece of legislation is clearly commonsense. acts are passed when they flick over from one year to The way we are constantly amending acts of Parliament another — bills we were dealing with at the end of the in this place, making deletions and additions, obviously last session that were dated 2005 can be changed to renumbering occurs pretty frequently, and we now have 2006 — it seems to me that a similar case can be made more readily available than previously was the case out for these very minor punctuation changes. technology that enables all those aspects to be identified. There will be a much more seamless Why was this necessary? Because clause 14(a)(ii) of referencing procedure for people who are trying to the bill amends section 14 of the principal act by track through a particular piece of legislation in an repealing the definition of ‘tribunal’. I acknowledge effort to understand what it means. that there needs to be a formal amendment to repeal the definition of ‘tribunal’, but a consequence of that It is exceedingly complex if one has to refer, as is often amendment is that a semicolon appearing earlier in the the case, to a whole series of acts when chasing things section needed to be turned into a full stop. I simply through, such as the example Mr Strong referred to, make this suggestion, if not a request, that some where the actual definition is not included in the act that examination may well be given to whether we are you are dealing with, which refers you to yet another complicating bills that come before the house and act to get that definition. We need to have some making it much more difficult for citizens who happen certainty so that people searching are referred to the to pick up a bill to understand what it is all about. correct numbered section and not one that has been Maybe we are putting a lot of surplusage in these bills overtaken by events and is therefore outdated. that could be dealt with more simply and in absolute safety by a mechanism which enabled punctuation I have often had concerns about how we can make our corrections to be made via a mechanical process more legislation more easily fathomed by the average citizen. than a formal legislative process on the floor of the In a sense I think we are going in the wrong direction in house. that regard. We are making it more difficult for people to grasp what is intended, and I want to give the house Having made that suggestion, I indicate that I am happy an example. This has been a more recent occurrence; with the provisions of the bill. I suppose it is further perhaps it has crept in over the last 10 years, because I housekeeping for the Interpretation of Legislation Act. am sure it did not occur earlier. At one stage it was It is obviously one that needs to be amended from time alleged to me that the member for Malvern in another to time as new matters arise such as the Crown place, before he became Leader of the Opposition, was INTERPRETATION OF LEGISLATION (FURTHER AMENDMENT) BILL

1210 COUNCIL Tuesday, 4 April 2006 privilege to which Mr Strong referred, and therefore of Parliament are now posted on the Internet within 24 The Nationals are happy to support it. hours, the 28-day period is antiquated. This clause in the bill will allow for acts to make provision for a day Ms MIKAKOS (Jika Jika) — I am very pleased to of enactment where no provision has been made for the be able to participate in what is a fairly quick debate on commencement in a section of that act. this bill this afternoon. Can I say at the outset that the bill seeks to make changes to what is a very important The other significant aspect of this bill that I want to act of Parliament, the Interpretation of Legislation Act touch upon relates to the issue of Crown immunity for 1984, which contains within it a number of provisions statutory bodies. The bill seeks to rectify some legal that relate to the construction, operation and ambiguity arising from a High Court case, McNamara interpretation of acts of Parliament and also subordinate v. Consumer Trader and Tenancy Tribunal and Roads instruments, and the bill seeks to make a number of and Traffic Authority, where the High Court found that, what I would call minor amendments to clarify and even when a statutory body was described in legislation improve on the operation of the act. as representing the Crown, this was not the case. This ruling has exposed various state entities to risks and Hon. B. N. Atkinson — Acting President, sadly I obligations previously not considered a risk. The bill draw your attention again to the failure of the repeals this state of affairs by ensuring that when government to maintain a quorum in the house. statutory authorities are described as representing the Crown they do in fact have the privileges and Quorum formed. immunities of the Crown.

Ms MIKAKOS — I am very pleased to have a In conclusion I want to say that the law is a fluid bigger audience to listen to this very important debate. process. Laws need to be continuously tried and tested As I was saying, the Interpretation of Legislation Act is in the courts, and we as legislators have an obligation to a very important piece of legislation. This bill seeks to ensure that the law remains responsive and flexible to make a number of important changes that will ensure the changing requirements of our society. In his that that act of Parliament is able to benefit from contribution to the debate Mr Baxter gave an example improvements to drafting techniques and other of punctuation sometimes causing confusion amongst miscellaneous amendments. In particular the bill seeks members of the public when they are interpreting to make one important change which relates to the legislation. We have always sought to ensure that numbering of acts of Parliament passed in any calendar legislation is expressed in simple language. It has been year to ensure that they are numbered in the order in part of the commitment of the Bracks government to which they receive royal assent. make the law accessible and understandable by using This issue has probably attracted some attention simple English as much as possible, particularly when because one bill last year, the Racing and Gambling there has been a major rewriting of legislation. Acts (Amendment) Bill, did not receive royal assent, Specifically in relation to the suggestion made by and this affected the sequential numbering of Mr Baxter, as a former practising lawyer I would be subsequent bills. As a consequence of the royal assent concerned at the suggestion that the executive has a being delayed, there was no act no. 68 in 2005. I guess unilateral process of amending punctuation without this is a relatively minor issue, but the change being going through the legislature first. I am guessing it was introduced to the Interpretation of Legislation Act will a taxation bill that Mr Baxter was quoting from. ensure that this, you could say, minor issue in relation Particularly in the case of taxation legislation, even the to the numbering of the acts of Parliament last year minor matter of punctuation can make a great deal of does not present any legal ramifications in future. It difference in terms of the way a clause or section can be essentially ensures that there is no possibility of a interpreted, and I would be concerned if we were to technical legal challenge to the acts of Parliament basically contract out our responsibility as legislators to passed from act no. 69 on to the end of last year. make sure that we do get it right when bills go through The bill also introduces a minor amendment relating to this place. With those words I thank other members for the commencement of acts. Presently legislation allows their support of this bill and wish it a speedy passage. a 28-day period for acts to commence. This period is Mr GAVIN JENNINGS (Minister for Aged vague; it is not clear whether it includes weekends or Care) — I want to reflect on the importance of words. I public holidays. The 28-day period allowed an act to be take extremely seriously the words used in both the proclaimed throughout Victoria when the fastest mode contributions people make in public life and what they of transport was the horse and carriage. Given that acts put on the public record in terms of this place. Those of COMMONWEALTH GAMES: ACHIEVEMENTS

Tuesday, 4 April 2006 COUNCIL 1211 us who understand what the parliamentary institution is Motion agreed to. about understand that the words embedded within each of the statutes that sit on the tables in each Read second time. parliamentary chamber are the measure of our effectiveness and the scope of the way in which we Remaining stages intend to impact upon the quality of life within our Passed remaining stages. community. They are what we rely upon to resolve disputes and to enforce behaviour and civil standards right across our community, so it is extremely COMMONWEALTH GAMES: important that we understand those words, respect them ACHIEVEMENTS and treat the scrutiny of them with a degree of rigour. Debate resumed from 30 March; motion of This very small piece of legislation is trying to clarify Mr LENDERS (Minister for Finance): the standing of some words and the standing of some statutes, because from time to time there is confusion That this house congratulates all those involved in making the about the relative standing of those words, and as a 2006 Melbourne Commonwealth Games the most successful Commonwealth Games ever held and a credit to all the consequence of that confusion there is doubt about the people of Victoria, and specifically congratulates: power of the law. This bill quite simply will remove some of the confusion. (1) the games volunteers, whose dedication ensured the smooth running of all events and who put a charming Seguing back to where I started my contribution to the and helpful face on Victoria; debate, I take my utterances on the public record (2) the hardworking staff from organisations including the extremely seriously. In the course of a debate on organising committee, M2006, the Office of 25 October 2005, when we were discussing the Commonwealth Games Coordination within the granting of royal assent to the Racing and Gambling Department for Victorian Communities, Victoria Police, Acts (Amendment) Bill of 2005, on the basis of advice and transport operators, who were the backbone of the games; that had been provided to me I indicated to the house that the act would be no. 68 of 2005 and that once it (3) the 4500 athletes from across the commonwealth, who received royal assent, the legislation would have the brought so much entertainment and joy through their absolute effect that was intended when the bill passed courageous and inspiring efforts; through this chamber. (4) all those involved in the Commonwealth Games cultural program, Festival Melbourne 2006, who provided I am very pleased to say that the effect and the content another element to the games, making it a truly unique of that bill are as I described to the house on that festival; and occasion. I am somewhat disappointed to report to the house that subsequently the numbering of the act (5) all the people of Victoria, who through their unparalleled support and enthusiasm once again showed to the world changed in light of the fact that there was a blind spot in that Melbourne is simply the best. the arrangements covered by the Interpretation of Legislation Act and no. 68 of 2005, which is what I had Ms CARBINES (Geelong) — On behalf of the reported it would be, was left vacant. I take this government I am delighted to support the motion to opportunity to place on the record the fact that on the congratulate everyone associated with the most basis of my advice I inadvertently misled the house. successful Commonwealth Games ever. We know they But more importantly and more substantively, I come were simply the best. That is said with some feeling back to the chamber to reiterate that the intention of the from me, because I was born in Manchester and, as we government is to have the full effect of that legislation. all know, that city hosted the last Commonwealth The renumbering of the act as no. 92 of 2005 does not Games in 2002. I was delighted to see my home state of alter the effect of the legislation. Victoria and its capital city, Melbourne, host a fantastic Commonwealth Games over the last two weeks. Not Clause 3 of this bill provides for the circumstance only did we have the games, we also had Festival where, if there is any hiccup or blind spot in the Melbourne 2006, which was a really excellent festival numbering system for bills into the future, there is in which all of Melbourne and Victoria could nothing that will affect the scope, intent and application participate. of that act or any other act. I am grateful for clause 3 of this bill, and I am grateful for the opportunity to use my In the lead-up to the Commonwealth Games we saw words to set the record straight. the Queen’s baton relay going around the commonwealth nations. I understand that for the first COMMONWEALTH GAMES: ACHIEVEMENTS

1212 COUNCIL Tuesday, 4 April 2006 time in the history of the games the baton visited every My home town of Geelong hosted basketball at the commonwealth country, and I am sure that every one of Arena. I took my children along to see Barbados those countries was united by the moment when the completely crush India on the Tuesday evening. It was baton relay came to their country. In Victoria, and a lot of fun and I was delighted to see so many Geelong indeed in the whole of Australia, many people came out families, just like ours, taking time out to see a to see the baton go past, and it achieved great success in Commonwealth Games event in our home town. The all of those communities. I spent some time in Bracks government has been delighted to assist Winchelsea on the Saturday before the opening of the Geelong by providing funds to allow the Arena to be games when a number of local people had the honour secured in public hands. In my first term I was really of carrying the baton through the town. I think pleased to play a role in securing the $1 million that everybody who lives in Winchelsea came out to see it was needed to purchase the Arena, which is now a great and also to see the opening of the memorial grandstand facility for basketball in Geelong. at the Winchelsea Football Club, which received funds from the Bracks government for its renovation as part We also had the waterfront celebration in Geelong. of the Commonwealth Games funding. It was an Thousands of residents came down to the waterfront to exciting day in Winchelsea, and I was proud to be a see the live screen showing events taking place in part of it. Melbourne. The evenings were very balmy, and there was a carnival atmosphere which complemented the Like many members I was pleased to attend a number Festival Melbourne 2006 events taking place in of Commonwealth Games events with my family. I was Melbourne. I thought the festival was vibrant and delighted to take my children to the opening ceremony. diverse and incredibly inclusive. If people could not get We had great fun clicking our dazzle balls — I am not to Commonwealth Games events — could not afford quite sure what they were called — when we were them or had not been able to secure tickets — they were asked to participate in the ceremony. We were all able to go along and participate in what was a supposed to flicker blue and white, and like every other wonderful carnival atmosphere. Who will ever forget one of the 80 000 people who participated, we waited the Commonwealth Games fish? I think they will for the moment when we were told to switch ours on. It provide an enduring memory of the games on top of the was a great opening ceremony, full of much promise amazing sporting achievements we saw. when the athletes entered the arena. I am sure many people felt quite emotional to see the teams come in. The organisation of the games was superb. I congratulate the organising committee and all involved We also spent a day at the athletics. I was stunned by all in it, including Ron Walker and all the people he led. the events, but particularly by the women’s marathon. It They deserve high commendation indeed. We have to was wonderful to see the women run out of the arena thank them for 12 days of very smooth running across and then several hours later run back in and to see the the events, across public transport, across public safety great tussle for first place which was eventually won by and, of course, Festival Melbourne 2006. Well done! Kerry McCann. It was one of the great inspiring Public transport was seamless. The Carbines family moments in sport, and I was delighted that we were went on the train and the tram. We do not often do that, able to be there. but we thought the public transport system worked very efficiently and was very clean, and I know there was a Another thing I thought was fantastic was the inclusion great atmosphere on stations where we waited and on of elite athletes with a disability, which was an initiative the trains themselves. It added to the atmosphere and is of the Manchester 2002 Commonwealth Games. I think part of why the games worked so well. it is a particularly fine initiative to have athletes with a disability competing with other athletes. They must I congratulate members of the police and emergency have enjoyed themselves participating in front of such services, who kept us safe. We all felt very safe walking enormous crowds in Melbourne; they were cheered on around Melbourne. I know many police had to leave by everyone. The day I attended, which was the first their normal locales to come into Melbourne for the day of the athletics, there was an event for blind Commonwealth Games. They protected and looked runners. It was a short event — only 100 metres — but after us, and I thank them for what they did. They one of the participants ran a whole lap of the certainly added to the whole event. Melbourne Cricket Ground; he was obviously so stoked to be there. The whole crowd cheered him on: it was The main people we should be thanking are the great! 15 000 volunteers who gave up their time and came into the city to look after us at the events. The aqua and orange army that everyone has spoken about was COMMONWEALTH GAMES: ACHIEVEMENTS

Tuesday, 4 April 2006 COUNCIL 1213 absolutely superb. When I walked into the Melbourne If you were someone from outer space whose last visit Cricket Ground (MCG) to see the opening ceremony a to Earth was to Rome 2000 years ago and you popped lady came running up to me. She said, ‘You are my into Melbourne for the Commonwealth Games, you member of Parliament. I come from Ocean Grove, and would see great similarities. Melbourne enjoys its I am so pleased to be here. I have been so excited at the circuses, and it tends to go a bit over the top with them. thought of participating, and I am really happy to be No sooner did the Commonwealth Games finish than here’. She epitomised the Commonwealth Games we had the grand prix, the comedy festival and the volunteers. They added so much. They were all football — one circus after another. People say that cheerful, friendly and enthusiastic; nothing was too these events bring economic benefits to the state, and to much for them. They were helpful and gave directions, a certain extent they probably do, but as we all know and they made sure that people leaving events found quite a bit of recent media coverage has highlighted public transport easily. They represented all that is good how these circuses are very significantly subsidised by about Victorian communities. On behalf of the people taxpayers. Although it could be argued that they make of Geelong I thank the volunteers for what they taxpayers feel good, one is left to wonder if the money contributed to the Commonwealth Games. spent on subsidising them could be better spent on more productive activities. That is a question that we It was a memorable Commonwealth Games. We have will need to address more and more as the number of heard much about being united by the moment, which circuses — and the enthusiasm of Victorian was the theme of Melbourne 2006. What we saw governments to put on these circuses — increases. The during the games was our capital city at its best. The citizens of Victoria do like their circuses, but there has games showed that Melbourne is a vibrant, livable to be an end to them. cosmopolitan city, that it works well and that its people are by and large extremely good people who are While I was listening to the various government capable of giving much and assisting others. The members congratulating themselves on carrying out Commonwealth Games set a very high benchmark for these games, I reflected on my analogy of the spaceman what our state can achieve when we all work together. I who had come back after 2000 years and had last seen was very proud to be a Victorian during the games, these circuses in the Colosseum in Rome, as distinct because I thought we displayed our state at its best. I from our colosseum at the Melbourne Cricket Ground. I am sure that everyone who participated in the games as wondered whether the senators in the Roman Senate an athlete, a volunteer, someone associated with the 2000 years ago carried a motion congratulating Nero on Melbourne 2006 organisation or a spectator would have the number of Christians crucified in the Colosseum. I felt that Melbourne did a great job. say that slightly in jest. The truth of the matter is that the games were successful, but we need to call into I congratulate the Premier, the Minister for question the extent to which we in Victoria are into Commonwealth Games and the Minister for the Arts in circuses and the extent to which we should be the other house for the fabulous Melbourne 2006 games harnessing some of the effort and money that goes into and Festival Melbourne. They certainly were the best running these circuses for use in more productive games, and I am very proud of that, as we all are. I wish activities. This question is not just aimed at this India all the best for 2010. I loved seeing its display in particular government but at all governments. the closing ceremony on television. It was very vibrant and quite exotic. I am sure the Indian people will put on With those few comments I would like to say once a fantastic Commonwealth Games in 2010. again that I think Melbourne enjoyed the games and congratulate all those involved. Well done Melbourne — you simply are the best. Ms ROMANES (Melbourne) — I am pleased to Hon. C. A. STRONG (Higinbotham) — The games join other members of this house in supporting the were exceedingly successful. Melbourne felt motion of congratulations to all those involved in particularly good and everybody enjoyed the whole making the 2006 Melbourne Commonwealth Games procedure. I must say that I think the wording of the such a success. That relates to the 14 000 plus motion is a bit over the top. It says the games were ‘the volunteers who were always on hand to help and guide most successful Commonwealth Games ever held’. members of the public, the organisers who, along with There is a little bit of hyperbole there, but the staff of various organisations and services, worked notwithstanding that, it was a very successful event and so hard and were indispensable to the smooth running all those involved should be congratulated. The games of the games, the 4500 athletes, the performers in the were very good. cultural festival and the City of Melbourne, which made such a fantastic contribution to preparing the city for the COMMONWEALTH GAMES: ACHIEVEMENTS

1214 COUNCIL Tuesday, 4 April 2006 games and making sure it was functioning well My thanks go to the Melbourne 2006 Commonwealth Games throughout that period, which tested in every way the team. You gave us even more reasons to be proud to live in Melbourne. operations of the city at every level. Members who have spoken to this motion have echoed We have to remember that there was a unique similar sentiments, and I certainly concur with all that combination of circumstances that made the success of George Pappas has said. Certainly for my family the the games possible and so popular as a result. That Commonwealth Games were an amazing opportunity unique combination of circumstances may be difficult to see a range of sports that I had never participated in to ever replicate again. We had the school holidays or seen before. I will never forget the entertainment we scheduled to coincide with the games. Daylight saving experienced at the weightlifting — I now understand was extended by a decision of the government. Public how it all works — or the amazing choreography of the transport was available to the huge crowds — 75 per activities at the Melbourne Cricket Ground, where the cent of those who attended games events and the athletics meet was put together; how it all is so cultural festival came to and left the city over extended streamlined and also entertaining and exciting to watch. hours by public transport. We had the volunteers, who were always there to give directions, spread good Mr Strong warned us about being self-congratulatory, feeling and manage what were sometimes huge crowds. and it is important not to slip into being like that. As I We had the wonderful balmy autumn weather, which have said, we were blessed with a unique combination was perfect for all the outdoor activities and certainly of circumstances, and we had the benefit of amazing had people asking me whether the Premier had a organisation and preparation for the Melbourne hotline upstairs to provide such an unusual Commonwealth Games, but a measure of their success circumstance for Melbourne — 12 days of perfect will be the legacies they leave. The Minister for weather. We had the clever programming, which spread Commonwealth Games, the Honourable the third travel peak of the day over the time when Justin Madden, has said that to us repeatedly over the people were exiting the games and directed them and last few years. attracted them to other activities, including the cultural festival. We had the timing of the event, which I am aware that, as Ms Carbines said, the legacies of the provided a pool of talented performers to augment Manchester Commonwealth Games influenced the way others from Victoria and from other parts of the world we did things here. I am also aware that following the by adding the many exciting world-class acts that came Manchester games Lord Mayor So and Cr Kate to Melbourne after WOMADelaide 2006. Redwood, two of the councillors from the City of Melbourne who attended those games, came back as I noticed in the Committee for Melbourne members keen advocates of following the Manchester innovation e-newsletter for April just a few days ago a message of integrating the events for elite athletes with a from Chairman George Pappas about the games: disability. That was a terrific move. It showcased the sporting achievements of those who achieve amazing Last month Melbourne played host to the Commonwealth Games, and the Committee for Melbourne wrote to the things but at a different level because of their organisers, led by Mr Ron Walker, AC, CBE, to offer our disabilities. Of course, this level is no less impressive congratulations for the following reasons: when you are watching them.

First, you broke new ground and included the whole city Another major initiative from Manchester which in the opening and closing ceremonies of the games through the use of fireworks, fish and footballers, and councillors So and Redwood championed was the made the games a city event, not just a stadium event. introduction of a mobility centre. The Melbourne Mobility Centre has been set up at the interface Second, if we could not make it along to a sporting between the car park at Federation Square and event, we could still enjoy the offerings of what must be one of the best cultural festivals Melbourne has staged. Birrarung Marr. I stumbled upon this centre when my parents and I went to see the sound and light show with Third, your volunteers epitomised what the ‘friendly the fish on the Friday before the end of the games. The games’ were all about. Melbourne Mobility Centre is a very important addition Fourth, not once during the games did I fear for my to the facilities in Melbourne for people with personal safety or the security of others. disabilities. It will help with accessibility and inclusiveness. It is a very important legacy of the Fifth, the entire ten days of the event underlined the fact that Melbourne has the best climate in the world for games. staging major events. Another legacy of the games is the cultural festival. It was one of the most appreciated aspects of the games. It COMMONWEALTH GAMES: ACHIEVEMENTS

Tuesday, 4 April 2006 COUNCIL 1215 was a very clever and considerate way of making sure period of time but which involves so many people in an extra probably 1 million people were able to be such a creative way. involved in the 2006 Commonwealth Games, even if they were not interested in sport, could not afford a Finally I would like to congratulate the Minister for ticket to one of the sports venues or could not get into Commonwealth Games, Justin Madden, who is in the one of the venues because of limited space. I am sure house. I am sure he had some sleepless nights worrying that in the end far greater numbers of people attended about what could go wrong in the lead-up to and during the cultural festival than attended the sporting events. the 2006 Commonwealth Games. However, he is The cultural festival included the river festival with the looking very relaxed here now, having presided over fish, which have been so popular, and the arts and such a successful event that was so well received by the cultural events centred around the Yarra and at key sites community and the Commonwealth Games family. I and venues in the central business district. It also congratulate him, his team and all those who worked to included the peripatetic performers who entertained help him deliver the biggest sporting and cultural event people on the move throughout the city. The festival’s Melbourne has ever witnessed. clever programming helped to stagger the peaks on transport services. Although it may never be able to be Hon. J. M. MADDEN (Minister for replicated on such a scale, undoubtedly many lessons Commonwealth Games) — I will be brief; I will try to have been learnt to inform future cultural festivals and get through this pretty efficiently. I want to take this programs. opportunity to thank all members of this Parliament for their contributions, positive or otherwise, not only to A further legacy is the world-class performance of the this debate but in the lead-up to the games, and for their public transport system during the 2006 inquiries about the preparations for the games and how Commonwealth Games. We saw around 1.8 million they were coming together. This was not only a great people travel to and from games events on top of the credit to the Parliament but also did justice to the event normal commuter load. In total there were an additional overall and assisted in the delivery of the games. 4 million trips on our buses, trams and trains during the 12 days of the games. V/Line sold about 100 000 of the I want to briefly put on the record my personal thanks $10 tickets to people travelling to Melbourne as games to many of the people associated with the games. I will spectators or volunteers. Furthermore, Metlink surveys not mention all of the names but I will mention a showed that 90 per cent of people taking public number of representatives from each of the bodies transport to events rated the service as good or which came together for the games. I will not talk about excellent. The staff of the public transport system the statistics or the figures because we probably have a worked tirelessly to make that happen, and public lot of those on record and in many ways they are transport users got into the spirit by being patient and self-explanatory in terms of the overall success of the planning ahead. The amazing legacy of this games. unprecedented use of the public transport system is it To start with I would like to thank very much the showed how livable Melbourne might be if it were not chairman of Melbourne 2006, Ron Walker, and all the being choked by cars. Many people had their first board members who were involved in the delivery of opportunity to experience the public transport system, the event per se. I also thank John Harnden, the chief and we hope they will go on using it and thereby executive of Melbourne 2006, and the hundreds of contribute to a more sustainable city in the future. officers who worked at the offices of Melbourne 2006. One further legacy of the games is a wonderful I would like to particularly thank Meredith Sussex from exhibition which is currently running at the Melbourne the Office of Commonwealth Games Coordination. A Museum called Spirit of the Games. I took my parents number of these people are looking very tired at this to see this exhibition on Sunday. I urge members of the point in time, and deservedly so — they have put in house and the community to take the opportunity to enormous hours and done a spectacular job. I want to visit Melbourne Museum in the next three months and thank all the officers in the Office of Commonwealth have a look at the costumes, the props, the stories and Games Coordination who made a contribution to the the collection of items which explain the enormous success of the games. effort that went into staging the opening ceremony of The Australian Commonwealth Games Association and the games. It is a fascinating behind-the-scenes look, its president, Sam Coffa, and chief executive officer, through interactive video and other means, at the way a Perry Crosswhite, assisted in delivery of the games. In team of people can pull together such a complex and addition, I thank the board members of Melbourne difficult event which is to be staged over a very short 2006 who worked jointly with representatives of the ADJOURNMENT

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Australian Commonwealth Games Association. I thank live sites, festival activities or the baton going through the City of Melbourne for its significant contribution, each local government area. not only in terms of the financial support but also the enormous goodwill and its ability to allow the city to Wherever we had an opportunity to give local operate in a way which is probably unparalleled in the communities a piece of the action, we tried to do that. history of the city. I particularly thank Lord Mayor John That paid dividends in spades — probably more than So and all the officers involved in that. I would also like spades, in buckets — in the sense that we sold to acknowledge the federal government and its enormous numbers of tickets and an enormous number contribution and support. It was represented by the of people turned out to attend the games. The goodwill federal Minister for the Arts and Sport, Rod Kemp, generated through that and the support and the who showed a keen interest and contributed through his recognition and the overall sense of wellbeing and hard work in this area. utopia presented within the city and around the state throughout the course of the games is very much about In particular I want to thank the workers as well as the what one big team can do together. If the games athletes, the volunteers and the performers who have represents anything, it is what can be achieved with an been spoken of at great length throughout the course of enormous amount of goodwill, enthusiasm and this debate. It is pretty amazing to see the statistics on dedication. the number of athletes and the enormous number of volunteers and performers. I thank also the workers for I want to thank the staff in my office. They know who the goodwill they showed in the lead-up to the games, they are, but I wish to personally thank them. I will particularly the construction workers, the transport leave it at first names: Phil, the chief of staff; Val, for workers, all the service industry workers and the police doing the hard yards every day; Nataly, who worked and security personnel who gave enormous amounts of tirelessly on the games; Amanda, who worked very their time either in the lead-up to or at the time of the much with local members of Parliament and games to make sure everything operated harmoniously. communities spreading the word of the games; Ben, Rachael and Jen; and former members of staff who I also want to thank members of this Parliament, in made a significant contribution, Barry, Jeff and Lloyd. particular my caucus and ministerial colleagues, but all All of those are outstanding people in their own right, members of Parliament for their support. I know many but their contribution to the games and the amount of members of Parliament took every opportunity to time and effort they put in to make sure that not only promote the games in their electorates, by the were they doing their job but also looking after the presentation of flags or in other ways. They were out minister in terms of presenting himself in this place. I there singing the praises of the Commonwealth Games, want to recognise their contribution and thank them. and I thank them. Again, the games were great. It has been a great What was particularly important about that was that privilege, a great honour and a great joy. To all the because we had so many community representatives, members of Parliament and those right across the whether they were parliamentarians, local councillors community who made the games the success they were, or representatives, out there supporting the games, the I take this opportunity to offer my professional and success of the games can really be attributed to the personal thanks. I look forward to what this state holds enormous grassroots support that developed right for all of us in the future when the benefits derived from throughout Victoria. That was complemented by the them in both the short and long terms will be presented involvement of local councils in their Getting Involved to us. opportunities through the program that was presented to them and the Adopt a Second Team program. Again, I Motion agreed to. think that exceeded people’s expectations.

The effect of councillors and members of Parliament in ADJOURNMENT each of these areas getting out and talking up the games — promoting them — cannot be overestimated Ms BROAD (Minister for Local Government) — I in terms of the huge turnover in ticket sales. That was move: paralleled by the policy decision to make the games That the house do now adjourn. inclusive at every opportunity by including elite athletes with a disability and through the involvement of local councils and their communities — the regional involvement — in the games activities, whether it be ADJOURNMENT

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Planning: Beacon Cove development Cassano, Bob Harrison and Michael Blyth, who are to be commended because they have worked very hard. Hon. ANDREA COOTE (Monash) — I have a question for the Minister for Planning in the other place Police: Ballarat cells about the Beacon Cove precinct. I am quite passionate about this issue and really mean what I ask the minister Hon. RICHARD DALLA-RIVA (East Yarra) — to do for us. I will reiterate what has happened in the My adjournment matter relates to the perennial issue of Beacon Cove area and the planning precinct. We have police cells and is directed therefore to the Minister for had three ministers for planning. We have had the very Police and Emergency Services in the other place. It ineffectual Minister Delahunty; we then had Minister relates to the overcrowding of the cells at Ballarat Thwaites; and now we have a part-time minister, police station last weekend. The police were to conduct Minister Hulls. In fact none of these ministers has been an operation to lock up drunks and to handle antisocial a full-time planning minister. They have all shared behaviour and licensing breaches at the weekend. The planning with something else, which goes to show that information is that their efforts were somewhat planning is not a high priority for the Bracks hindered because there were 20 prisoners in the police government. cells. The matter not only involves the operations of police in the area of Ballarat but also the question of However, my concern is that today we have yet again how police can undertake a clean-up operation when seen Minister Thwaites out there in his electorate the cells are full. talking about Beacon Cove and the new beach. Today’s Herald Sun states: I know the government talks about the two new prisons, but it is clear that even with those prisons it may be Environment minister John Thwaites said the new foreshore difficult to deal with such an operation. The police cells was a great area to visit. are not designed to handle long-term prisoners, which Today’s Age states: places a further drain on the capacity of police to be on operational duties. The cells are not designed for A spokesman for the state government said a range of options long-term prisoners but merely as quick holding for the pier were being considered. facilities before the prisoners are placed either in the Melbourne Remand Centre or in the relevant prisons Princes Pier is looming as a huge issue. The Herald Sun throughout the state. This is not a new issue for the article also states: minister. The issue of police cells being full is Port Phillip Mayor Janet Bolitho said restoring the becoming all too common, be they in other regional heritage-listed Princes Pier was the next priority. centres such as Geelong and Bendigo or in metropolitan Melbourne. ‘It’s now unsafe and unsightly and we’re really calling on the state government to make this the next item on the agenda’, she said. I therefore ask the minister what action he intends to take to deal with the continual and perennial problem of I do not have to remind this house too strongly that a police cells being full of prisoners who should have precinct committee was established under Minister been placed in the correctional system and not held in Delahunty. This committee has worked diligently and cells at various police stations not only in Ballarat but for long hours representing its community. It has been also in Geelong, in other regions and in metropolitan very concerned about this issue. Indeed the final report Melbourne. was to have been released some time ago, but it is now seven and a half months since it was presented to the Schweppes Centre, Bendigo: chief executive minister and there has been no indication yet as to the officer response by the minister or the government. The community representatives continue to be regularly Hon. D. K. DRUM (North Western) — My approached by the community for advice as to what is adjournment matter is directed to the Minister for Sport happening — they want to know if the final report is and Recreation and concerns Bendigo Stadium Ltd, still with the minister. which runs the Bendigo Schweppes Centre. It has just terminated its contract with the chief executive officer, Will the Beacon Cove Precinct Committee’s final Mr Steven Batty, who was brought in to run the centre report response be released by the minister within the eight months ago. It seems that, while he had an next two months? It is of grave concern particularly to extremely positive impact on the management of the local members of that committee, including Ron entire complex, he has nevertheless been sacked. ADJOURNMENT

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There have been revelations about insurance premiums Queen’s Hall entitled Drawn on the Issues and the that historically were paid at the rate of 350 per cent pamphlet that accompanied it. I refer in particular to the above what they have been scaled back to since second-last page, which has a Spooner cartoon from the Mr Batty was brought in to clean up some of the issues. Age of 5 May 2004. It shows a jar labelled, ‘Brumby’s There have also been claims that up to 10 cars were surplus conserve — refrigerate when opened’. The being leased to staff who were clearly not qualified to cartoon accompanied a Tim Colebatch article that receive such benefits. appeared in the metropolitan edition under the heading ‘The budget of small things’, which talks in some detail Occupational health and safety issues were not in place about the size of the surplus in Victoria. prior to Mr Batty’s arrival and enterprise bargaining agreements had not been entered into with staff. Totally It makes the point that the government had come in inept contractual agreements with Melbourne 2006 for with a policy of having budget surpluses of the staging of the Commonwealth Games regional $100 million each year and it had kept that promise, basketball series were entered into by the previous and 2004 was the fifth year under this government management, and those agreements have cost Bendigo when there had been a surplus. The surplus that year ratepayers over $150 000. was large — I think it was $500 million-odd. Of course, honourable members in this place would know that it In 2003–04 there was a revamp of the Bendigo was the Kennett government that returned the state to Schweppes Centre, but in spite of the centre receiving a the black after the dreadful days of the Cain and Kirner state government grant of $2.4 million and in spite of governments, which had damn near bankrupted its being given an additional 20 electronic gaming Victoria, and got back the state’s AAA rating. machines — proceeds from 10 of which were supposed to be for the benefit of the community and other I was most concerned when I read the script beside the sporting organisations, not just basketball — Bendigo cartoon in the book Drawn on the Issues, which is Stadium Ltd is now unable to make its repayments on printed by the parliamentary library. It states: time. The City of Greater Bendigo has again helped out with recent financial assistance in order to have the Treasurer John Brumby delivered a bumper budget surplus in 2004, creating a large cash ‘conserve’ and putting Victoria stadium continue to operate without buckling under the back in the black. financial pressure. Honourable members know that ‘Putting Victoria back My request to the minister is that he provide me with all in the black’ is a technical term for taking it out of the the business plans that were presented to him by the red, where it had been put by Kirner and Cain, which proposers of the redevelopment of the Schweppes was done by the Kennett government in the middle of Centre and make available to me the details of any the 1990s. It is appalling that this mistake can be made. other state government assistance given to the centre in any form whatsoever in the last five years. Somehow in I understand there was an editorial committee chaired the last two to three years the projections that were by the Speaker. While it would be churlish of me to outlined in the business plans that would have led to the accuse the Speaker of rewriting history, and I am success of the grants in the first place have gone prepared to accept that this is an inadvertent error of horribly wrong. Now the stadium is unable to repay its fact, what I would request is that all copies of this be loans within the specified time frame. It seems that very quickly withdrawn and pulped and that — — given the financial and managerial mess the stadium now finds itself in there is no option for Bendigo Hon. T. C. Theophanous — On a point of order, Stadium Ltd other than to open its books entirely to President, I have enjoyed the honourable member’s independent personnel on behalf of Bendigo ratepayers contribution in the adjournment debate. I was not quite and Victorian taxpayers to see whether they can get to sure if it was just a humorous contribution or something the bottom of this. more serious, but I think on reflection it is probably sinister. The member is trying to draw to your attention The PRESIDENT — Order! The honourable a document which has been produced to highlight member’s time has expired. cartoons that have been produced over a period of time. Drawn on the Issues pamphlet The PRESIDENT — Order! One hundred and fifty years. Hon. BILL FORWOOD (Templestowe) — I wish to raise a matter with the President tonight concerning Hon. T. C. Theophanous — One hundred and fifty the good display of cartoons that took place recently in years. The member went to the issue of the words in the ADJOURNMENT

Tuesday, 4 April 2006 COUNCIL 1219 notes accompanying the cartoon and then went on to (EESI), which is a subcontractor for SP AusNet, the make what I consider to be a political argument about owner of the site. This company is undertaking a who put the state into the black, when it happened and clean-up program of eight former the meaning of putting the state into the black. He is state-government-owned gas sites throughout regional therefore trying to simply use as a device a question to Victoria to rehabilitate the land for local development. you which should more rightly be put to the Treasurer There have been a number of issues with the works as to whether the state is indeed in the black, whether it carried out at Ararat relating to odour and dust was put into black by the present government and problems affecting nearby residents. While they have whether the Treasurer will continue to maintain this been given assurances that there are no short-term state in the black. health implications, residents are still concerned about possible long-term health problems. I put it to you, President, that this question is misdirected and should be directed to the Treasurer, However, apart from the community’s reaction to the who is the appropriate person to outline to the serious problems of odour and dust, resulting in some honourable member the good work that he has done in local residents complaining of ill health since the works keeping the state in the black. commenced, the major problem is EPA’s advice that no planning permit was required for the remediation works Hon. BILL FORWOOD — On the point of order, to be undertaken. The EPA in fact gave permission for President, far be it for me to take issue at any length soil from other contaminated sites to be brought to the with my honourable friend opposite, but the point I Ararat site, again without requesting that the company wish to make is to do with the Parliament and not with apply for a planning permit from Ararat Rural City the issue of the state being in the black, which the Council. member and I both agree is a good thing. The issue is one of accuracy and of historical record, because what The EPA was wrong in not requesting that the is important in this place particularly is that documents companies involved seek a planning permit before the produced by the Parliament are seen to have veracity. works commenced. Advice given to councillors that a This document cannot have veracity unless it is permit was not required has been found to be corrected. I put it to you, President, that there is no misleading. Unfortunately, in the absence of a planning point of order. officer at the time, councillors relied on planning information that could have been more conclusive. The PRESIDENT — Order! The member, as is Even though the company involved was informed that a appropriate, has spoken to me about the matter, and I planning permit was not required, after verification by will deal with it at the conclusion of the adjournment the Municipal Association of Victoria it became clear debate. I ask the member to continue for the 25 seconds this was not the case. he has remaining. The EPA has since admitted that its former advice was Hon. BILL FORWOOD — I reiterate my call for incorrect and that a planning permit should have been all existing copies of this document to be pulped, for a sought before the remediation works commenced. retraction to be issued and for the document to be While EESI has agreed that further remediation works reissued and worded properly. It should indicate that will not be undertaken at Ararat until further Treasurer Brumby had kept the state in the black community consultation occurs, the community wants following the good years — — an ongoing moratorium until a thorough investigation is completed. The manner in which the EPA and the The PRESIDENT — Order! The honourable company involved initially acted in this process denied member’s time has expired. the community any consultation, was disrespectful and Ararat: gasworks site left a community feeling its concerns were being ignored. Hon. DAVID KOCH (Western) — My matter is I therefore ask the minister to explain why the EPA for the Minister for Environment in another place and initially misled the contractor and the Ararat Rural City concerns advice given by the Environment Protection Council by not advising it of the need for a planning Authority (EPA) to the company involved in permit to undertake these decontamination works. remediation works at the old gasworks site in Ararat. These works involve the removal of odorous material, The PRESIDENT — Order! With respect to the mainly soil contaminated with natural gas, from the member’s request to the minister, asking the minister to gasworks site by Environmental and Earth Sciences explain something is not a request for action, so I will ADJOURNMENT

1220 COUNCIL Tuesday, 4 April 2006 give the member the opportunity, whilst other members this year and, ‘Don’t hold your breath for next year’. It are presenting their adjournment matters, to reword his appears CSL has stockpiled quantities of the vaccine, adjournment request. but it is only giving it to abattoir workers and not primary producers or carriers of livestock. Barmah State Forest: flooding Hon. T. C. Theophanous interjected. Hon. W. R. BAXTER (North Eastern) — I raise a matter tonight for the attention of the Minister for Hon. E. G. STONEY — Why don’t you listen, Environment in another place regarding unseasonal Minister, and you will find out! The Weekly Times of flooding in the Barmah State Forest. As honourable 22 March reports: members will be aware, we are now in autumn, a very Australian meat processors have warned they face a ‘crisis of dry period, when under natural conditions the forest monumental proportions’ with stocks of Q fever vaccine due would be quite dry. A man-made flood was generated to run dry by August. in spring last year, which was highly beneficial and which meant that the forest was flooded at the time it … would normally be flooded under natural conditions. CSL made the decision to close its Q-Vax plant last November because bringing the facility up to standard would However, I am informed that a good deal of water is require a $6 million investment, which it said was not presently escaping from the Murray River into the commercially viable. Barmah forest. The river is running at high levels to get It changed its decision after a backlash from industry groups irrigation water down to the Sunraysia and South and unions and following discussions with the federal Australia. There is nothing unusual about that government. whatsoever — that is the normal practice every year — but apparently the regulators are either not being I ask the minister to assist the federal minister by correctly operated or leaks are occurring, because I am applying pressure and giving any assistance that the informed that there is a significant amount of water at state government can provide to enable CSL to Boals Deadwoods, for example, and on the weekend a continue to produce Q fever vaccine. horseman riding through at the Duckholes had water up to the girth. Seymour Pump Shop: business name

Clearly if there is that much water in the forest at the Hon. W. A. LOVELL (North Eastern) — My wrong time of the year, it is doing the trees no good at adjournment debate issue is for the Minister for all. There is mismanagement somewhere along the line. Consumer Affairs. I have been contacted by Mr Jack I ask the minister to carry out an urgent investigation Tennant, who is the proprietor of Seymour Pump Shop, with a view to restoring the situation that applies a business that deals in the sale and servicing of water normally by stopping the ingress of water into the forest pumps. Prior to establishing his business Mr Tennant from the river. At this time of year, very little if any registered his business name with Consumer Affairs water ought to be escaping into the forest. Victoria and was issued with a certificate of registration of the business name in October 2003. Seven months Q fever: vaccine later in May 2004 Mr Tennant received a notice from CAV stating that it was deemed that his business name, Hon. E. G. STONEY (Central Highlands) — I raise Seymour Pump Shop, could be confused with an a matter with the Minister for Health in the other place existing business name, Seymour Pump Supplies, and with regard to the shortage of Q fever vaccine. Q fever that his business name would therefore be cancelled is an industrial disease spread by farm and native under sections 9(1) and 10(1) of the Business Names animals’ entrails and has quite a nasty effect on Act. people’s hearts. CSL is the manufacturer of the Q fever vaccine. At one stage it stopped making it, but the Mr Tennant was naturally surprised to have received federal health minister, Tony Abbott, intervened to this notice as the proprietors of Seymour Pump make sure some production would continue. Supplies had announced their retirement and sold their business some years earlier to Reece Plumbing, and the Dr Graham Slaney at Mansfield is trained and store has operated as a Reece Plumbing store since registered to administer this vaccine. Two months ago 2000. Mr Tennant lodged an objection to the notice, he administered five or six doses; he now has 50 people and the then Minister for Consumer Affairs withdrew wanting to be vaccinated, but he cannot get any more the notice, allowing Mr Tennant to continue to trade as vaccine. He was told that there would be none available the Seymour Pump Shop. ADJOURNMENT

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Mr Tennant thought that would be the last he would a main source of heating in East Gippsland and other hear of the matter and set about building his business, parts of regional Victoria that do not have access to investing heavily in signage, advertising and telephone natural gas. Particularly as winter is rapidly coming directory listings to raise the profile of the business and upon us, the issue of firewood availability is going to be build goodwill associated with the name Seymour essential for the people in my electorate. Pump Shop. You can imagine Mr Tennant’s surprise when on 20 December 2005 he received further I have been informed by both of my constituents that correspondence from Consumer Affairs Victoria — no, there have been no recent allocations to commercial it was not a Christmas card but rather a letter that ruined licence-holders, so there has been a firewood shortage his Christmas. It was a further notice advising him that in East Gippsland. I am informed that this has resulted after two and a half years of granting him the business in the DSE itself recently felling a significant number of name registration CAV had for the second time decided yellow stringybark trees and encouraging locals to go that the name would be cancelled. and collect it for themselves — I might add, under permits, but very much limited permits compared to Mr Tennant is distraught about the situation he has now those of the commercial firewood holders. been placed in. It is a situation that is completely unjust as Mr Tennant has done nothing wrong. He has I do not want to restrict the opportunities for people to complied with the requirement to register his business collect firewood themselves, but it is true that many in name and was granted registration. He cooperated with our communities do not have the ability, expertise or CAV during its first investigation of his business name knowledge to go and collect their own firewood and in 2004 and was successful in having that notice they rely on the service and product being provided by cancelled. He spent two and a half years and thousands commercial licence-holders. It seems to me to be far of dollars on signage, printing, advertising and more practical, safe and efficient to have professional telephone listings to establish his business and build cutters collect material and then sell it on to those who goodwill associated with the name, Seymour Pump are unable to collect it for themselves. It seems that the Shop. government policy, Our Forests Our Future, failed to give due consideration to the need to have adequate and Mr Tennant is trying to run a small business in country appropriate supplies of firewood for people to use, Victoria, and this situation, which is completely out of particularly for heating purposes, and the problem his control, will place severe financial pressure on his seems to be one of great issue at the moment in East business. I ask the minister to recognise that CAV has Gippsland. handled this matter extremely badly and to intervene by withdrawing the notice and reinstating Mr Tennant’s This is a significant issue. I call upon the minister to business name registration to allow him to continue sort out the mess to make sure that the commercial trading under the business name Seymour Pump Shop, licence-holders in East Gippsland are given a as it was registered by CAV in October 2003. reasonable and appropriate allocation so that they can continue to harvest firewood to satisfy the needs of all East Gippsland: firewood collection those in East Gippsland who remain reliant upon it.

Hon. P. R. HALL (Gippsland) — I wish to raise a Ararat: gasworks site matter for the attention of the Minister for Agriculture in the other place concerning commercial firewood Hon. DAVID KOCH (Western) — In relation to licences in East Gippsland. Yesterday I was contacted my request on the Ararat gasworks remediation, will via separate phone calls by two constituents who were the Minister for Environment take action to inform the rather agitated about the lack of firewood availability in Ararat community what the Environment Protection East Gippsland. Those constituents are Mr Ron Beker Authority has done with regard to the planning permit of Genoa and Mr Phillip Counsel of Mallacoota. Both problems I have outlined before further of these men hold commercial firewood C licences, decontamination works continue? which enable them to cut 20 cubic metres of firewood at, I might add, the direction of the Department of Responses Sustainability and Environment (DSE), which allocates Hon. T. C. THEOPHANOUS (Minister for Energy a timber resource to them. Industries) — The Honourable Andrea Coote had a In the past the practice has been that a coupe has been question for the Minister for Planning in the other place allocated to them, and they would harvest it for local in relation to the Beacon Cove planning committee firewood consumption. I point out that firewood is still ADJOURNMENT

1222 COUNCIL Tuesday, 4 April 2006 report. I will pass the member’s request on to the heating purposes. I will pass his concerns on to the relevant minister for response. minister for response.

The Honourable Richard Dalla-Riva had a question for The PRESIDENT — Order! The Honourable Bill the Minister for Police and Emergency Services in the Forwood raised a matter with me with respect to the other place in relation to his claims about overcrowding fabulous cartoon exhibition in Queen’s Hall, which is at the Ballarat police station. I will pass on his part of the 150th celebration of this Parliament. comments to the minister for response. Mr Forwood refers to the brochure mentioning a cartoon relating to Brumby’s surplus conserve and the The Honourable Damian Drum had a question for the notes before it. Minister for Sport and Recreation in relation to the Schweppes Stadium in Bendigo, which covered a large The notes refer to Treasurer John Brumby delivering a number of issues, including the alleged sacking of the bumper budget surplus in 2004 creating a large cash chief executive officer and a range of other matters and conserve and putting Victoria in the black. I believe the ultimately wanted business plans. I will pass that description of the cartoon that refers to Treasurer John request on to the Minister for Sport and Recreation for Brumby creating a very large surplus — and I think his response. Mr Forwood even referred to the full article saying that the cartoon relates to a surplus of about $500 million — The Honourable Bill Forwood had a question for the and the words associated with the cartoon are President, and I am sure the President will respond to acceptable. There will not be any question about him in an appropriate way, informing him of the pulping the information. surplus budgets we have had. Hon. Bill Forwood — On a point of order, The Honourable David Koch, on his second attempt, President, far be it for me to question the ruling of the asked a question relating to a gasworks site at Ararat. I Chair, but I request that the Chair consider carefully the will pass that on to the Minister for Environment in the impact of the ruling, which indicates that factually other place to see if he can respond to the member. incorrect material — —

The Honourable Bill Baxter had a question for the Hon. T. C. Theophanous — It is not factually Minister for Environment in the other place in relation incorrect. to the Barmah State Forest flooding. I must say that it was one of the better adjournment matters that I have Hon. Bill Forwood — It is! heard during my time here, and I will definitely pass it on to the minister for response directly to the member. The PRESIDENT — Order! There will be no debate across the chamber. The Chair has ruled. The The Honourable Graeme Stoney had a question which member has asked for the ruling to be considered, and he also raised during question time — — that is in order. We are not going to have a debate between members across the chamber. Hon. E. G. Stoney — It was different altogether. Motion agreed to. Hon. T. C. THEOPHANOUS — The member assures me it is different altogether, but it still has to do House adjourned 5.23 p.m. with Q fever vaccine, and it is addressed to the Minister for Health in the other place. Mr Stoney is concerned about the supply of that vaccine and I will pass his concerns on to the minister for response.

The Honourable Wendy Lovell had a question for the Minister for Consumer Affairs in relation to the Seymour Pump Shop and its business name. I will pass her request on to the minister for response.

The Honourable Peter Hall had a question for the Minister for Agriculture in the other place in relation to commercial firewood licences in East Gippsland, including the continuing availability of firewood for DRUGS, POISONS AND CONTROLLED SUBSTANCES (AGED CARE SERVICES) BILL

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Wednesday, 5 April 2006 Magistrates’ Court Act 1989 — Nos. 30 and 31. Subordinate Legislation Act 1994 — Nos. 33 and 35. The PRESIDENT (Hon. M. M. Gould) took the chair at 9.33 a.m. and read the prayer. Trustee Companies Act 1984 — No. 36.

Working With Children Act 2005 — No. 29.

DRUGS, POISONS AND CONTROLLED Subordinate Legislation Act 1994 — Ministers’ exemption SUBSTANCES (AGED CARE SERVICES) certificates under section 9(6) in respect of Statutory Rule BILL Nos. 28 and 36. Victorian Law Reform Commission — Report on Residential Introduction and first reading Tenancy Databases. Received from Assembly. MEMBERS STATEMENTS Read first time on motion of Mr GAVIN JENNINGS (Minister for Aged Care). Victorian Government Purchasing Board: seminars

PETITIONS Hon. W. A. LOVELL (North Eastern) — Today the Shepparton News carries an article headed ‘Get Water: fluoridation slice of government purchasing’ that says:

Ms HADDEN (Ballarat) presented petition from Winning government business is a difficult task for most certain citizens of Victoria praying that the small to medium-sized enterprises, but those in Shepparton Legislative Council of Victoria does not support the are about to be given a helping hand. addition of fluoride to any Victorian water supply, Today, a seminar will take place in the city to provide advice including water in the Central Highlands and on winning government business. Grampians Wimmera Mallee Water Authority regions, in view of current scientific doubts The seminar is hosted by the Procurement and regarding its safety (298 signatures). Contracting Centre for Education and Research (PACCER), which is an initiative of the Victorian Laid on table. Government Purchasing Board. However, the government will not only be given a helping hand but Haileybury College: access will also be putting its hand out.

Mr PULLEN (Higinbotham) presented petition It is using the lure of gaining government business to from certain citizens of Victoria requesting the raise additional revenue from small businesses. The closure of all residential street access to Haileybury cost of attending this seminar in Shepparton is $80. A College within the residential zoned Castlefield visit to the PACCER web site will tell you that there are precinct and that all access to Haileybury College be 10 seminars being held around the state. The cost to via the main entrance on South Road attend a seminar in metropolitan Melbourne is $100, the (257 signatures). cost in regional centres is $80. This is just another revenue-raising exercise by the Bracks government — Laid on table. there is no guarantee that any of the businesses attending these seminars will gain any government PAPERS business.

Laid on table by Clerk: Deakin University: medical school

Lake Mountain Alpine Resort Management Board — Report Ms CARBINES (Geelong) — This morning I wish for the year ended 31 October 2005. to support the bid by Deakin University to secure a third medical school for Victoria and to have it located Statutory Rules under the following Acts of Parliament: in Geelong in the south-west. There is a chronic Credit (Administration) Act 1984 — No. 32. shortage of GPs in Victoria and particularly across our region. We need at least another 25 GPs in Geelong and Electricity Safety Act 1998 — No. 34. Warrnambool will need another 15 GPs over the next Fisheries Act 1995 — No. 28. MEMBERS STATEMENTS

1224 COUNCIL Wednesday, 5 April 2006 decade. The problem in Victoria is that the demand for received very little comfort from any of the agencies GPs clearly exceeds supply. which have investigated this business, despite the fact that the business has been convicted over problems Deakin University, in conjunction with Barwon Health associated with its managing the site against the permits and the Warrnambool hospital, is proposing to establish it has. I hope the Heatherdale Road action group is now Victoria’s much-needed third medical school, focusing successful in getting both the ministers — — on rural and regional medical practice. It would comprise a graduate-entry program for mature-age The PRESIDENT — Order! The member’s time students with strong links to regional and rural has expired. communities and focus on the skills needed in country practices, such as emergency and procedural skills, Melbourne Mobility Centre chronic disease prevention, and management and teamwork. Ms ROMANES (Melbourne) — A very important recent addition to Melbourne’s facilities is the new Last week the Premier announced a $30 million Melbourne Mobility Centre at Federation Square. It is program to support a new medical school facility in one of the legacies of the Manchester Commonwealth Victoria. This is welcome news indeed, and Deakin Games because the City of Melbourne delegation University is ready to access this funding to provide the brought the idea back from there. I would like to necessary facility to house a new medical school. It is congratulate and thank the City of Melbourne for now time for the Howard government to play its part in getting the Melbourne Mobility Centre ready in time ensuring that Victoria can train enough GPs to address for the 2006 Commonwealth Games, and through it the crisis in rural and regional health in our state. New making the city more inclusive for and accessible to South Wales has seven medical schools and visitors with disabilities. Queensland four yet Victoria has only two. We have 25 per cent of Australia’s population but only 20 per The centre provides equipment for hire including cent of Australia’s medical school places. motorised and manual wheelchairs, scooters, walking frames, crutches and canes for those who are mobility I call on the federal Minister for Health and Ageing, impaired. It has two fully accessible toilets, is in close Tony Abbott, to take the necessary steps to address the proximity to available accessible car parking, provides critical shortage of general practitioners in Geelong, information for people with mobility and sensory Warrnambool and the south-west region by allowing disabilities, information about city attractions and Deakin University to establish — — events, telephone typewriter and accessible web access, scooter battery recharge facilities, accessible tea, coffee The PRESIDENT — Order! The member’s time and refreshments, and help from a great team of has expired. volunteers from the organisation Melbourne Cares.

Southern Rocycling: management practices I also acknowledge Kate Redwood, a former councillor, for her role in driving this project in its initial stages, Hon. B. N. ATKINSON (Koonung) — I hope the and Martin Fathers from the Melbourne Disability ministers for planning and environment in another place Advice Committee who has played a key role in the will heed the request of the Heatherdale Road action design of the centre. group to look into the operations of Southern Rocycling, a business that operates on the Ringwood Youth: Rodney electorate side of Heatherdale Road within the municipality of Maroondah. There has been a long-running problem Hon. D. K. DRUM (North Western) — On Monday with this business and the amenity problems it causes I had the opportunity, along with the member for for the neighbourhood. There are problems with noise, Rodney in the other place, Noel Maughan, to visit dust, traffic and the general management of the site. In youth groups around his electorate, in Echuca, recent weeks significant concerns have been raised by Stanhope, Kyabram and Rushworth. We met a range of residents about chemicals leaching into the local creek. people and visited schools in Echuca. Some issues that Last week residents were put to some distress by a fire concerned us there were the prevalence of smoking in that occurred at the site. the 16 to 18 years age group, especially the girls. We are not getting our message across. They have been pressing for action by the municipality, government agencies and indeed by the government At Kyabram we went to the community centre and met itself for more than two years. To date they have a chap by the name of Tom Ellis who is working with about 15 kids who have previously fallen through the MEMBERS STATEMENTS

Wednesday, 5 April 2006 COUNCIL 1225 cracks in the education system. He has re-engaged them weekend, will be the 90th anniversary conference of in the learning process, and brought them back to do The Nationals. This is a significant event in anyone’s some projects that they are extremely passionate about. terms for a political party to be so long-lived in this We went on to Rushworth and met with more school country. It is particularly significant for myself because leaders there. We spoke about some of the challenges the first conference of the party which I attended, when facing public transport and the inability of the young it was known as the Country Party, was in 1965 in people there to access statewide musical events, Bendigo, so it is returning to where I started in the concerts and the like. We certainly need to do some party. There have been 42 conferences intervening and work there. I have been a delegate and attendee at 40 of the 42. I consider it a great honour that I have been given that At Stanhope we looked at the rural transaction centre tremendous opportunity to participate in grassroots and met with a group of youths who are trying to turn democracy, because that is what The Nationals are all that into a youth centre with pool tables and computers about. We have our conferences right throughout and so forth. Any way we can get funding for that country Victoria, from Bairnsdale in the east to Cowes would be beneficial. We went back to Echuca and on Phillip Island in the south up to Mildura in the spoke to some youths there who are trying to highlight north-west and down to Portland, Warrnambool and the advantages of staying in the regions as opposed to Hamilton in the Western District. having the single goal of pursuing academic qualifications and heading off to the universities. We bring our party to the people of country Victoria, very much unlike some other parties and we are not Commonwealth Games: Cypriot athletes faction ridden. We do not impose unsatisfactory candidates on country regions as we have seen factions Hon. T. C. THEOPHANOUS (Minister for Energy in the Labor Party do in recent times, imposing on the Industries) — It was an honour for me to welcome the northern region candidates who have absolutely no Cypriot team to the Commonwealth Games, along with empathy with country people whatsoever. I am very other Victorians of Cypriot background, Andrew proud that The Nationals represent country Victoria. Demetriou, head of the Australian Football League, and Peter Abraam, head of major events. I believe the Shepparton: Albanian community Cypriot team was the best-performing small nation at the Commonwealth Games and managed to improve on Hon. KAYE DARVENIZA (Melbourne West) — I its four medals at Manchester by achieving 3 gold, want to let the chamber know how delighted I was to 1 silver and 2 bronze medals. attend two very significant functions in Shepparton last month, on Friday, 17 March. The first one was at the Gold medallists Antonis Nicolaides and George Albanian mosque. The purpose of the event was Achilleos won the men’s skeet pairs final; Andri twofold and included recognition of the contribution of Eleutheriou won the women’s skeet final; and George the Albanian settlers who built the mosque. The Achilleos won the men’s skeet final. Andri Eleutheriou construction of the mosque began in 1958, and it was and Louiza Theophanous won the women’s skeet pairs completed in 1960. I think it was one of the first final. mosques to be built in Victoria and may in fact have even been the first one built in regional Victoria. There Hon. R. G. Mitchell — Any relation? was also the unveiling of a plaque that acknowledges Hon. T. C. THEOPHANOUS — No relation, but the contribution that is being made by the Albanian there are plenty of Theophanouses in Cyprus, I can community. That plaque also featured several lines of assure you. Advance Australia Fair.

Bronze medals were won by Kyriakos Ioannou in the The Albanian community was very keen to thank men’s high jump, and Herodotos Giorgallas in artistic Australians for making them feel very welcome and gymnastics. Cyprus was represented by a team of part of the Australian community — that is certainly the 43 athletes here in Melbourne, very strongly supported case up there in the Goulburn Valley. The community by the 60 000 or more Cypriots in Victoria. has put up a flagpole and flies the Australian flag. I want to congratulate Mr Dinny Adem, the president of The Nationals: 90th anniversary the Albanian Muslim Society of Shepparton. My parliamentary colleague Jeanette Powell, the member Hon. W. R. BAXTER (North Eastern) — I want to for Shepparton in the other place, was also present at draw to the attention of the house that in Bendigo, this very important occasion. commencing tomorrow evening and extending over the MEMBERS STATEMENTS

1226 COUNCIL Wednesday, 5 April 2006

The PRESIDENT — Order! The honourable Australian made. If you look at the back of the member’s time has expired. Commonwealth Games pins — I am wearing one — you will see that they say ‘Made in Australia’. These Ballarat: mayor are just a few bits around me, and they were made in Australia. You can go through the other materials that Ms HADDEN (Ballarat) — Shame on Ballarat City were produced — I have looked at them — and find Council mayor, Cr David Vendy, for his recent that many of them are in fact Australian made. The interference with the planning panel process established majority of the products I saw when I looked in the by the planning minister, Rob Hulls, to hear merchandising shop at the games were made in submissions on Ballarat planning scheme Australia. It is very clearly written on the drink amendment C87 and rezoning of the site from rural to a bottles — ‘Made in Australia’. I think we need to recall special use zone. Ballarat City Council’s proposal is to that the games provided a very good boost to the relocate the Ballarat saleyards out to Learmonth and economy in many different ways, including in the build new saleyards, a halal abattoir, an animal manufacture of many of the products that were used for rendering plant, a grain handling facility and truck wash the games. et cetera above the historic Learmonth township’s pure water supply where Coghills Creek starts and within the Medical research: Healthy Futures main recharge area of the Ascot aquifer. Mr VINEY (Chelsea) — I rise to acknowledge the The planning panel had been hearing submissions since fantastic statement that was made yesterday by the Monday, 6 March, and the venue — the private Ballarat Premier, the Minister for Innovation and the Minister Yacht Club on Wendouree Parade overlooking the for Health, all in the other house, known as the ‘life nearly-dry Lake Wendouree — had been appointed by sciences statement’, which announced a further Ballarat City Council. The community submissions $230 million invested in biotechnology and the were listed for 27 and 28 March. On Monday, innovation economy in Victoria. It lifts this 27 March, during the luncheon break at the planning government’s investment in the innovation economy to panel venue David Vendy allegedly physically $1.8 billion since it was elected in 1999, by far and assaulted, swore at and threatened a community away the largest investment in the innovation economy submitter, Mr Frank Campbell, in the presence of at of any Australian state government. least six witnesses. There were some great projects announced yesterday, Mr Campbell has made a formal complaint to the including confirmation of the expansion of the Walter Ballarat criminal investigation unit and is waiting for and Eliza Hall Institute and the establishment of the police charges to be laid against David Vendy. Australian Centre for Neuroscience and Mental Health However, some senior Ballarat police officers have Research, bringing together some of the great, leading since allegedly attempted to thwart the police research institutes such as the Howard Florey Institute, investigation by contacting some community submitters the Mental Health Research Institute of Victoria, the and warning them off proceeding with the police Brain Research Institute and the National Stroke prosecution against David Vendy, saying it would go Research Institute to form one of the largest institutes of against them when the council determines the planning the neurosciences in Australia. There was also the panel’s decision. I call on the Minister for Planning in announcement of $30 million being made available for the other place, Rob Hulls, to recall the planning panel the capital investment required for the additional immediately and undertake an urgent investigation into medical places in Victoria that are so desperately David Vendy’s disgraceful conduct. needed. We would like to see the federal government come on board with that. Commonwealth Games: merchandise David Hicks Hon. C. D. HIRSH (Silvan) — In rising today I want to strongly refute the assertion made yesterday by Hon. J. G. HILTON (Western Port) — This Mr Dalla-Riva that goods produced for the morning I wish to make a statement on the predicament Commonwealth Games were all made in China. This is of David Hicks, who continues to languish in not the case, and I strongly refute this assertion. Guantanamo Bay with no end in sight. Mr Hicks has been detained for over four and a half years, and the For a start, the gold medals were made in Ballarat with effect on his emotional and mental state can only be Ballarat gold. The shirts and tops — I bought a couple imagined. The legal justification for holding enemy for my daughters and looked at them a lot — were all combatants without recourse to the traditional United HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1227

States legal system is now being challenged in the US overestimated. I want to make the preliminary point courts, delaying once again Mr Hicks’s appearance that the government has form, as was put to me on before a military tribunal, the legal standing of which is radio this morning, on this issue of toxic waste in the also being questioned. sense that over the last few years three other sites were identified elsewhere in country Victoria by this The total inaction of the federal government in relation government and it was only after a significant and to protecting Mr Hicks — which is surely one of the exhausting community campaign that the government main responsibilities of a government to its citizens — backed off. It was after a campaign leading to three is in stark contrast to the position of the UK other sites being ruled out that the Bracks government government, which condemns the military tribunal came up with this plan to site a toxic waste dump at process and has obtained the release into its custody of Hattah-Nowingi. It is important in this context to all its citizens who were detained in Guantanamo Bay. understand why it may have made that decision, and it is important to understand too why the government David Hicks’s legal team is now trying to secure British may have not investigated other alternatives as citizenship for him so he can have some protection as a thoroughly as it could have. British citizen. The Australian government puts its fawning subservience to the United States ahead of its Many in the community have pointed out correctly, and responsibility to its citizens. This is a total dereliction of I believe very importantly, that the government has not a government’s duty of care. done what it needs to do in terms of reducing the quantity of industrial waste. That seems to me to be the primary focus where government activity and energy HAZARDOUS WASTE: NOWINGI should be concentrated. The government needs to take Hon. D. McL. DAVIS (East Yarra) — I move: those steps. Whilst some of the government’s documents talk about reducing the quantity of industrial That this house condemns the government’s plan to site a waste, they do not in my view make this the primary toxic waste dump at Hattah-Nowingi in the Sunraysia district objective. There still seems to me to be an intention to and particularly expresses its concern that the government’s place this Hattah-Nowingi site directly at the centre of plan will allow — government policy. This toxic dump is to be located (1) the siting of the toxic waste dump between Hattah Lakes near Mildura in the Sunraysia district. national park and Murray-Sunset National Park and near the Ramsar-listed Hattah Lakes; It is important to understand the location that is proposed by the Bracks government for the toxic waste (2) development of a toxic waste dump near the Sunraysia food bowl with its rich agricultural, horticultural and dump at Hattah-Nowingi. It is to be sited between the viticultural industries, thereby placing them at risk; Murray-Sunset National Park and the Hattah-Kulkyne National Park. The siting, nestled between two national (3) a potentially devastating impact on the Murray River, parks, is entirely unsatisfactory. The government seems Australia’s largest river, which is located just 15 kilometres away from the proposed toxic waste dump to have not understood the need to preserve our local site; environment and the fact that the land between those two national parks is not only of great significance to (4) the exposure of communities along the Calder corridor the community but also of great significance to and alternative routes to the danger inherent in protecting biodiversity and a number of key fauna and transporting loads of toxic waste over 500 kilometres from Melbourne to Hattah-Nowingi; and flora.

(5) the development of this toxic waste dump without I particularly draw the house’s attention to the need to satisfactory investigation of alternatives including protect the food bowl around Mildura and the Sunraysia programs to reduce the quantities of industrial waste; district, and indeed into New South Wales and South and calls on the government to abandon its flawed Australia as well. I was proud recently to join my environmental effects process and indicate to the Victorian Liberal colleagues from South Australia at the proposed community that the planned toxic waste dump at site of the dump at Hattah-Nowingi, along with the Hattah-Nowingi will not proceed. Honourable Wendy Lovell, my colleague in this chamber, and Donna Petrovich, a candidate for the I move this motion believing this is a very important northern region for the Liberal Party. issue for the Victorian community at this time. Certainly many across country Victoria have expressed I was also saddened to see the results of the South their views on this over the recent period. The effect Australian election. Whilst the South Australian this is having in country Victoria cannot be government has made its views on this toxic dump HAZARDOUS WASTE: NOWINGI

1228 COUNCIL Wednesday, 5 April 2006 known, I am concerned that it will not necessarily government submission which made some very clear prosecute the defence of those areas in South Australia points about the economic threat. It singles out the as vigorously as a Liberal government in South threat to the neighbouring region — South Australia’s Australia would have. The communities in the Riverland production area — and says: Riverland may face a real challenge. The proximity of this proposed site to the Murray River, Australia’s Hence it is not unreasonable for the agricultural industries of the Sunraysia and Riverland to fear for their reputations premier river in many respects, is greatly concerning. should the Victorian government persist in its attempts to site Just 15 kilometres away from a river is too close. It is a toxic waste dump in such close proximity to horticultural too close if one looks at and discusses with locals issues production areas. around the watertable; it is too close when one Given the South Australian community and economy’s discusses the prospects over the longer haul. reliance on the River Murray this state cannot support the establishment of a facility that poses a risk to the River The importance of that river should not be Murray. The potential threat to the water supply of major underestimated. Not only does it supply the agricultural metropolitan and rural regions and the threat to regional and horticultural districts in Victoria, New South Wales economies posed by water contamination are too great. and South Australia but it also supplies town water. It is interesting that the Victorian Farmers Federation You cannot underestimate the importance of any (VFF) submission made a number of points regarding damage to the quality of the water that would flow. the significance of these agricultural and horticultural Adelaide receives much of its water from the Murray, areas. It says: and I can understand the concerns of people in South Australia at the siting of a toxic dump close to the Victorian farmers represent 25 per cent of the nation’s farms; Murray River. produce 30 per cent of the nation’s agricultural product, all from just 3 per cent of Australia’s available agricultural land. Further, the concern that many in South Australia feel is Agriculture in Victoria represents one-third of the state’s that because they are downstream they are out of mind, exports. and the Victorian government may not pay the level of The Victorian Farmers Federation made the point that heed that it should to the issues surrounding the safety agriculture and horticulture is the lifeblood of the of that water and the quality of Murray River water in Sunraysia region — and I am paraphrasing in saying the very long haul. Remember that this toxic dump is that. Persuasively, I thought the VFF saw a very clear there for the long haul. This is not a short-term process. flaw in the environment effects statement arguments There is no indication that this toxic dump, once built about risk to markets. and once filled, will not remain in the area for a very long time. My concern is fundamentally that the The Victorian Farmers Federation said it believed: government has not thought through these very long-term implications. … that this has ignored one crucial element of these highly-competitive markets. Competitors, especially in overseas markets, watch events in other countries quite It has been put to me by people that I have spoken to in closely for the purposes of finding a competitive edge. There and around the agricultural and horticultural industries is a risk that the presence of the long-term containment at Mildura and the surrounding district that there is a facility could be used to discredit, whether justified or not, the risk that in a marketing sense their products will be ‘cleanness’ of produce in the area. This would of course be exposed to attacks by competitors both here and more of a problem if a contamination event actually occurred. overseas. I think that is a realistic fear. Whatever the The VFF went on to say that it was: realities of the toxic dump, there is a risk that the dump will expose our major export industries from these … not convinced that domestic markets are as insulated from regions to attack. consumer perception as claimed and there is a growing trend towards niche markets and regional branding. I now want to indicate the impacts that some of these These are important descriptions of the problem of issues will have. I am very concerned about this siting the facility near an important agricultural and economic impact. The case has been put by a number horticultural district like the Sunraysia and Riverland of groups, and I want to quote from some. There have areas, and the government needs to reconsider on those been more than 1700 submissions to the environment matters alone. Whether one starts to think about the effects statement process, and further contacts are still issues of biodiversity or the issues around the national being made with the current panel process, many of parks — and I will come to all those matters shortly — those having gone to the economic risk that is indicated on those matters of agricultural and horticultural by the government’s proposals for the toxic dump. I will quote in particular from a South Australian HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1229 production alone the government has chosen the wrong determined to press forward with this site at site. Hattah-Nowingi. I can only conclude, in the absence of any other feasible explanation for why it is so rigidly The South Australian government’s submission, as I and consistently pushing for this site, that it is a political said, is a very important one, and it made a number of issue. I believe it thinks it is located in an area of the important comments about waste disposal alternatives. state that has not returned Labor members in the past — Another key submission I will quote from is the it has returned members of The Nationals, the Liberal Western Region Environment Centre’s submission. It Party or Independents but not, certainly in my memory, makes the point that the environment effects statement a Labor Party member. I can only conclude that the (EES) failed to: government’s determination to place the site in this location at Hattah-Nowingi is a politically driven … show the need for such a facility and the confusing data presented by the EES documentation re quantities of waste. decision. The EES was described as ‘seriously misleading in its I think that is reprehensible and it will have serious assessment of the quantities of prescribed industrial repercussions. The government has misjudged this. It waste requiring long-term containment’. This is an has not understood the broader impact other than absolutely critical point. There is serious dispute about simply the proximity of the Murray River to Mildura, matters regarding the long-term volume of industrial Sunraysia, South Australia and New South Wales. The waste that will need containment. These matters need to concerns will be felt more broadly across the be sorted out before the government goes ahead with community, including along the Calder corridor, and I any facility such as that at Hattah-Nowingi. know my colleague Ms Lovell will have a great deal to say about that corridor shortly. It may be that the As I said, in its submission the South Australian government has simply underestimated the concern that government indicated that it was prepared to work with people feel on a number of environmental issues, too, the Victorian government to find alternative approaches and I will come to those more fully in my contribution. to waste management. It recommended: I find a number of other things strange about the … that rather than building the proposed … dump at Nowingi government’s approach here. The submission made by the Victorian government consider alternate waste disposal the Department of Sustainability and Environment is, in options. my view, a wholly inadequate submission in the sense It went on to say: that it is a public document putting the department’s position in respect of this toxic waste dump. I invite As a range of options other than a long-term containment people to read the DSE’s submission, as I have. They facility exist, it is imperative that the Victorian government explore these options before investing in an expensive and will be surprised by its brevity and by the fact that potentially hazardous long-term containment facility. It is many issues are not seriously grappled with — for highly likely that if the Victorian government were to invest example, I find the failure of Parks Victoria to provide a comparable funds in alternate processing and/or recycling submission given the proximity to the two national options it would result in a more sustainable solution to the parks to be quite extraordinary. I believe it is a serious waste issue. hole in the process. In its foreword the DSE’s The South Australian government went on to submission says that information is provided on behalf recommend instead: of Parks Victoria which is responsible for managing protected areas including the Hattah-Kulkyne and … that the Victorian government invest in alternate Murray-Sunset national parks and the Annuello Flora technologies to reprocess/recycle category B wastes in order and Fauna Reserve. I cannot believe that a simple to provide a long-term sustainable solution to the generation of wastes. reference like that and a small section in the DSE’s submission is satisfactory given the complexity of the The Victorian government should be listening to the issues that surround biodiversity in that region of the South Australian government. Whatever the politics of state. South Australia, this is a serious submission that cannot be dismissed by the Victorian government. It should be It is worthwhile reflecting a bit on the history of those prepared to work constructively with the South national parks, and I will do that in a moment. There Australian government, and indeed other governments, needs to be some balance. Parks Victoria officers need to take these sorts of steps. to present themselves to the planning panel process. Whilst I mention the planning panel process I should I am not quite sure, and I have reflected on this at great also make some comments about it. There is unanimity length, why the state government is so obsessed, so of view on this side of the chamber. Mr Bishop raised a HAZARDOUS WASTE: NOWINGI

1230 COUNCIL Wednesday, 5 April 2006 number of points in the chamber recently about the whatever cost, because this will have such a serious planning panel. Ms Lovell has raised issues as well, and impact on the agricultural and horticultural activities she has certainly made a number of comments publicly which are the very lifeblood of Mildura and the about the planning panel. There is concern on one level Sunraysia region. The council has been forced into a about the appointment of Professor Bill Russell as the very difficult position, but ratepayers will of course be chair of that planning panel; there is concern about the forced to bear the burden. appointment process by which he mysteriously appeared on the list in December and very shortly A point made in this chamber yesterday was that taxes afterwards was appointed as chair of that panel. Given come from the whole community and are being used by Professor Russell’s history of doing hatchet jobs for this the government at a very fast rate to prosecute its legal government — indeed in the Hawthorn area he was case in Mildura. I for one think it has reached a point sighted a number of times going around saying that he that is abominable and entirely unsatisfactory. The was a part of the Victorian Audit Commission after Minister for Environment in the other place, John 1999 and that his job was to ‘get the Kennett Thwaites, and the Minister for Planning in the other government’ — I think his balance and fairness and place, Rob Hulls, who is directly responsible for the suitability for this process has been called into question. planning process, and the Premier, Steve Bracks, I know that counsel for the Mildura Rural City Council should look again at this situation. They should be made points at the first day of directions hearings prepared to step back from their earlier positions, asking Professor Russell to disqualify himself, and I indicate that they have got it wrong and say that they look forward to Professor Russell taking a thoughtful have blundered in this process and that it should not view of that. I look forward to the fact that if the proceed. government is serious about this process it will ensure that the panel process is pristine and beyond reproach. This motion directly calls on the government to do that, and I would welcome the government’s admission that I know legal and quasi-legal processes under way are it got this wrong and its preparedness to step back from not normally the subject of direct debate in this this case. But unfortunately I see no sign of that. Indeed chamber, but given the circumstances there is concern the signs are all in the opposite direction, and the issue that the process be as open and fair as it should be, and with that is that those along the route are going to face given the government’s determination to push forward real concerns, whether they are in Bendigo or whether with this process, I think the community is entitled to they are in the smaller towns along the route. Ms Lovell draw some conclusions and I hope they are acted upon. will make some points about the towns and cities along the route from Melbourne which will bear the brunt of Others have made the point that the costs being the government’s toxic waste trucks. Truck after truck generated for country towns like Mildura through this will trundle up the highway and put communities at process are becoming extraordinary. Barristers have risk, and that risk does not appear to have been fully been flown in from Melbourne to attend the hearing. factored in at this point. Those barristers are costly. I note that the minister was unprepared to come clean about the amount the The community, and certainly many I have met in the government is now expending on its legalistic panel community, is very concerned about the impact on process in Mildura. I cannot but conclude that a rural national parks. Biodiversity plans should be regionally city like Mildura will feel it is being set upon by the based and incorporate both government and private government, a government that has flown in a bevy of lands and the different types of government land, silks who are there to push a particular case, no matter whether they be national parks, state parks, the fairness of that case. The community is concerned conservation parks or other category of land held by about the costs being generated at council level. Some government. The long-term containment facility are saying that estimates of up to $2 million are realistic environment effects statement says: for the council in prosecuting or, should I say, A total of 135 indigenous and 14 introduced vascular plant defending itself and its community in these species (ferns, conifers, flowering plants) have been recorded circumstances. from a study of approximately 3 square kilometres within which the subject site is located. These plant species include That is an extraordinary amount of money — an five pieces of state significance. Seventy-eight vertebrate amount of money that is indefensible in these species were recorded in the study including 55 bird species, 7 mammal species and 16 reptile species. Five species listed circumstances. The council is forced to take that step, as threatened under the Environment Protection and but that has been forced on it by the government’s Biodiversity Conservation Act 1999 — action. The council has a role to defend its community. It must do that, and I believe it has to do that at almost the EPBC act — HAZARDOUS WASTE: NOWINGI

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were recorded in the study area, including the Mallee Movement across these areas is an important point, and emu-wren and the greater long-eared bat. this is why a regional focus has to be adopted for These biodiversity and conservation issues have also biodiversity. The club further said: been noted by a number of respected bodies. I was The Mallee bioregion is a mosaic of Mallee plant pleased as a member of Birds Australia to see that it communities of varying habitat size and age depending when had put in a significant submission, which says: fire events occurred.

Birds Australia is strongly opposed to siting the long-term It is remarkable when on site in the area around containment facility at Nowingi … the site is exceptionally Nowingi to note that there exists there some of the best important for birds in that it contains or has contained in the old-growth Mallee in pristine condition. It was certainly recent past and may still contain 14 species on the advisory list of threatened fauna in Victoria 2003, 9 of which are listed put to me, Ms Lovell and others on our visits to the site as threatened taxa under the Victorian Flora and Fauna and that some of the trees there are many hundreds of years Guarantee Act 1988, and 5 are listed as endangered or old and potentially more than a thousand years old in vulnerable under the commonwealth EPBC Act 1999 … some cases. The management of that land is also of Twelve of these species are included in the Action Plan for Australian Birds (2000). some significance in the longer term. It is worth making the point that the table that Birds The bird observers club concluded that: Australia attached to its submission listed the The proposal to locate a LTCF — black-eared miner as an EPBC endangered species, and its Victorian status is also listed as endangered. The long-term toxic containment facility — mallee fowl is listed as vulnerable, and its Victorian status is listed as endangered. The Victorian status of at Nowingi will endanger threatened species and cause loss of habitat and place them under increased pressure which over a the grey falcon is listed as endangered. The red-lored period of time ultimately sees their numbers decrease when whistler’s EPBC status is listed as vulnerable, and its the fine ecological balance is broken. Victorian status is listed as endangered. The Major Mitchell cockatoo is listed as endangered under The government has exempted itself from certain Victorian status. The mallee emu-wren is listed as land-clearing arrangements. I am conscious of the vulnerable under EPBC status and its Victorian status is amount of time I have. The bird observers club also listed as vulnerable. The regent parrot is listed as raised a number of issues, including the history of the vulnerable under both EPBC and Victorian status, and Mallee, land clearing and the need to preserve sites in a the scarlet-chested parrot is listed as vulnerable under constructive way. Victorian status. The Victorian status of the following birds is listed as near threatened: the brown treecreeper, I also complement the Victorian National Parks the crested bellbird, the chestnut quail-thrush, the Association on its submission to the government’s hooded robin, the red-backed kingfisher and the striated environment effects statement process. The VNPA grasswren. stated: Alternative sites outside of Nowingi must be investigated in The South Australian Ornithological Association also order to avoid clearing, protect biodiversity and to seek a site made points about the number of bird species of that does not have corrosive ground water. A site that is closer conservation significance that occur in the Mallee and to industries using the facility would also be desirable. The adjacent to desert vegetation communities that are source and quantity of water required at the site must be identified and the possible effect of the ground water on the shared between South Australia and Victoria and listed proposed facility outlined in detail. The impact of the many of the same species. The point again is that these proposed facility on flora and fauna and on the park is biodiversity issues should be considered at a regional unacceptable, and this is apparent from even a cursory survey level. They must include consideration of holdings of effort. The impact on visitors to the park is also not public land of various types, including but not acknowledged. exclusively national parks, and also private land. That is an important point. It is impossible to be on site in those areas around Hattah and Nowingi and in those The Sunraysia Bird Observers Club made a number of national parks and not have the view that the points as well: government has this wrong. The government has not As a branch of the Bird Observers Club of Australia we understood that key biodiversity issues are involved. It believe the proposal will have a severe negative impact on the appears not to have given sufficient weight to the need biodiversity and habitat of the many threatened species that to strengthen protection of those threatened species in are known to be present at the site or use the site and immediate surrounds as a corridor to other areas of the the area. It appears not to have understood that its job is Mallee. to look a little deeper and longer term than it has done HAZARDOUS WASTE: NOWINGI

1232 COUNCIL Wednesday, 5 April 2006 in finding some immediate but unsatisfactory site to process. This is a costly process, one that is not as simply ship waste up the Calder corridor to and dump it independent as it should be and one that in my view at. will be open to legal challenge. That legal challenge was flagged by the Mildura Rural City Council in its I am particularly concerned that Labor Party members submission on the first day of the directions hearing. who now seek to represent the new upper house electorate of Northern Victoria Region should declare That matter has been brought to the attention of the their position on the dump. In my view they should Minister for Major Projects who has the responsibility consider carefully their conscience and the evidence in my view to ensure that these processes are conducted closely. Minister Broad and parliamentary secretary in a way that is not overly costly to industry or the Ms Darveniza are city women who represent city seats. community but is equally open and fair. This process is It would be extraordinary if, as one of the first steps in anything but open and anything but fair. It is clear that their seeking to represent these new areas, they were to the government has a sharp agenda to open this toxic vote in favour of a toxic waste dump in an area that is dump at Nowingi and in doing so place the community environmentally sensitive. That would be a disgraceful in Sunraysia at some risk. I believe the community is introduction of those proposed Labor candidates to the slowly waking up to these issues. Ms Carbines. a northern region. It is sad that the government has not member for Geelong Province, who is Parliamentary understood that it has to have proper people represent Secretary for Environment, should be prepared to stand these areas, people who have an understanding of the up for the environment rather than advocate such an areas and people who have a commitment to their local outrageous outcome. communities. The government has not understood what is required or I have been prepared to ensure that some of the the long-term issues. I am keen to see the government opposition’s time is allocated to a member for Ballarat step back from this. I believe the political pressure on it Province, Ms Hadden, and I understand that The by communities will be such that it will begin to Nationals also have an arrangement with Ms Hadden so understand the full impact of the proposed toxic waste that it will provide 10 minutes of time. dump. In the end I believe the government will be forced to step back from this proposal. It would be The ACTING PRESIDENT (Mr Smith) — better for the community if it did so before the proposal Order! There is no need to discuss the time. imposes a significant financial impact on many of the smaller rural communities along the route. Hon. D. McL. DAVIS — I am prepared to put it on the record because of our commitment to democracy in Ms CARBINES (Geelong) — I am very pleased to ensuring that Independent members of Parliament are speak on behalf of the government this morning on a able to represent their communities and make their topic the Bracks government takes extremely seriously: points. You will understand, Mr Acting President, that the safe long-term storage of prescribed industrial our commitment in that regard is strong, and for that waste. It is an issue in which all Victorians should have reason Ms Hadden, whom I know is a close associate of a vested interest, because no matter where we live we yours, would be prepared to make certain points. are all beneficiaries of a society which produces goods for our use and for export. Our economy benefits from The ACTING PRESIDENT (Mr Smith) — these goods, but unfortunately industrial waste is a Order! Mr Davis will come back to the motion. by-product of that process.

Hon. D. McL. DAVIS — It is interesting to reflect Industrial waste is a fact of modern life in all developed on areas like Ballarat, through which some of the trucks nations, across Australia and in Victoria. We are no transporting toxic waste may well be routed. It is likely exception. Prescribed industrial waste includes waste that trucks will not simply go through Bendigo or other that is potentially hazardous to human health or the similar routes, but there is a whole raft of different ways environment and those wastes which may impact on that trucks will get to Nowingi. All of those country amenity, such as odour. The Bracks government is members, indeed some of those who are close to the working really hard to tackle the important city, will over time come to understand that their environmental issue of reducing the amount of waste communities will face the impact of these toxic waste stored in landfill. We are working with Victorian trucks. industries to reduce the waste generated and to find In my final series of points I return directly to the ways to safely reuse, recycle or recover energy from motion and indicate that the government should that waste which cannot be avoided. In our first term abandon its flawed environment effects statement we passed the Environment Protection (Resource HAZARDOUS WASTE: NOWINGI

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Efficiency) Act which increased landfill levies to help planning scheme. Thirdly, an EPA works approval and reduce the amount of hazardous waste going to landfill. licence needs to be obtained — that is a rigorous That legislation received strong support from process. Fourthly, the federal government, under the stakeholders. Environment Protection and Biodiversity Conservation Act 1999, needs to consider this. This rigorous, The Environment Protection Authority (EPA) has four-step process is already under way for the advised the government that a review it undertook in assessment and possible approval of Nowingi as the May of last year showed that since 2000, under the location of Victoria’s long-term containment facility. Bracks government, there has been a 25 per cent reduction in the quantity of prescribed industrial waste It is important to note that the Bracks government and being disposed of in landfills. That is demonstrably the Premier have consistently stated that this facility serious progress. However, we are all very well aware will only proceed at Nowingi if the proposal satisfies a that the production of some industrial waste cannot be rigorous and independent assessment process. That is avoided and that what cannot be beneficially used exactly what is happening. It is exactly what is under should not be disposed of in landfill. That is a way at the moment. An EES process is required and it fundamental fact. Our government is determined to has commenced. The submissions have been on address this very serious issue by establishing a exhibition and a panel process is about to start. The long-term containment facility for such prescribed independent assessment process is well under way, and industrial waste. I will speak more about that later.

Government members could, as the Liberal Party is What do we have before us this morning? We have the perhaps suggesting, bury their collective heads in the awakening of Mr David Davis. The new shadow sand and pretend that this sort of waste does not exist. Minister for Environment has belatedly discovered We could continue the current, environmentally Nowingi. All of a sudden he has taken a trek up to hazardous practice of storing more and more industrial Mildura, sniffed the political wind and thought this was waste in landfill. We could leave a potentially an opportune time to have a bit of a go here. He has disastrous legacy for future generations. We could do come in here this morning in an attempt to get some that and it might be politically expedient to do so. very late political runs on the board with a political However, as a responsible government we know that stunt. It is very sad to see Mr Davis, in his first real the current practice is unsustainable. We have an foray into the environment portfolio, come in here this obligation to all Victorians, no matter where they live, morning and attempt to get some political runs on the to deal with this issue and we are determined to deal board. He has been sniffing the wind in Mildura and with this issue. It would be easy to avoid the issue of hopes that will establish some credibility for the Liberal disposing of prescribed industrial waste but it would be Party up there very late in the debate. irresponsible to do so. We have no intention of shirking that responsibility — our responsibility to all Let us compare and contrast the interest of various MPs Victorians. on this issue and various political parties in this debate. We all know that the member for Mildura in another All members of this house would be well aware of the place, Russell Savage, has taken a very particular and government’s search for a potential location for a keen interest in this issue. He has been dogged in his long-term containment facility for prescribed industrial representation of his community in relation to this waste. It has been the subject of much debate across issue. He sought and received from the Premier a Victoria and in this and the other chamber. As all four-week extension of the deadline for submissions to members would know, we have identified Nowingi, the EES last year. He did that on behalf of his which is 55 kilometres south of Mildura, as a potential community. Mr Savage made sure that he put in a location for a long-term containment facility. submission to the EES exhibition process. He is representing his community. The proposal requires a number of assessments and approvals under state and commonwealth laws. It is Mr Bishop has used this chamber many times to important to get on the public record what assessments represent his community. I heard Mr Davis refer to and approvals are required for the siting of a long-term Mr Bishop talking about Nowingi recently. Mr Bishop containment facility at Nowingi. The first assessment is has talked about Nowingi consistently for, from my a detailed assessment through an environment effects memory, the last year or so. He has represented the statement (EES) process under the Environmental views of his community many times. He has brought in Effects Act 1978. The second assessment and approval many petitions in relation to this issue. He has requires an amendment to the Rural City of Mildura’s questioned the minister and used his time in members HAZARDOUS WASTE: NOWINGI

1234 COUNCIL Wednesday, 5 April 2006 statements. He also put in a submission to the EES It would be interesting if everybody took the exhibition process. We all know Mr Bishop’s views on opportunity to read Mr Davis’s submission, because it the potential location of the hazardous waste is pretty much cobbled together. It is made up of containment facility at Nowingi. everybody else’s opinion. We have Mr Davis quoting the VFF extensively, the South Australian government Where has the Liberal Party been? Its members have extensively, Birds Australia extensively, the South been missing in action until this morning. The members Australian Ornithological Association, the Sunraysia of The Nationals must be scratching their heads about Bird Observers Club, the Victorian National Parks this blatant attempt by Mr Davis to play catch-up Association, the Department of Human Services and politics. They must be saying, ‘Where have you been, Enviro West. Mr David Davis has not had an original Mr Davis?’ They must be scratching their heads. But thought about Nowingi. It is a sad reflection on him. they know the wily nature of the Liberal Party in the The submission was two months too late, but being an lead-up to a state election. They know that the Liberal open, honest and transparent government, we were Party will try to seize the political momentum in an prepared to accept it. We were prepared to take attempt to establish some belated credibility on this Mr Davis on and include him in the process. issue. The Liberal Party was too lazy to put in a submission to the EES process on time, within the There are no original ideas from Mr Davis or the exhibition time frame. One thousand seven hundred Liberal Party. He had the benefit of reading and forty-nine people or groups managed to put in a everybody’s else’s submission — and he probably did submission on time. Where was the Liberal Party? Did read the 1749 other submissions — and then cobbled it put one in on time? together his own and put it in two months too late. He pinched some of their ideas and put his own name on Hon. J. G. Hilton — Not one. them. As a former teacher I can tell Mr Davis that plagiarism is not acceptable at secondary school, and it Ms CARBINES — Mr Hilton is right. It did not put is not acceptable here either. He should take the one in on time. It did not put one in at all by the situation more seriously and put up some alternatives. submission deadline. Is it really concerned about this issue? The former shadow environment minister could What is the Liberal Party’s solution for the storage of not have cared less. He could not be bothered to put in a prescribed industrial waste in our state? One rather loud submission. policy release saying it would locate a long-term containment facility within a 120-kilometre arc from Hon. D. McL. Davis — Not true. Melbourne is the only thing it has had to say. Where is Ms CARBINES — If he did care, Mr Davis, where it to be, Mr Davis? Is it to be in Seymour or in was his submission? Mr David Davis had to be pushed, Mornington? What about Macedon? Could it be in shoved and indeed embarrassed by the local media to Geelong or Cranbourne? Could it be in Canterbury? I put in a submission. When did he put it in? Two months would bet it could not be — of course it would not late, two months after everybody else who had an be! — because that is Mr David Davis’s electorate. interest in this debate, such as the Mildura community, It is easy, as Mr Davis has done this morning, to accuse the Mildura Rural City Council and environment the government of having chosen the wrong site when groups. The South Australian government and the the Liberal Party has made no attempt to identify its Victorian Farmers Federation (VFF) managed to put in preferred site. Not one! If it were serious about this, it submissions. Mr Bishop managed to put in a would come up with some alternatives. Why does it not submission on time, as did the members for Gippsland want to do that? We have to ask why the Liberal Party South and Mildura in the other place, Mr Ryan and is not prepared to identify its alternative site for a Mr Savage. Even Ms Hadden put one in. But Mr David long-term containment facility or does that raise the Davis and the Liberal Party could not be bothered to question of what it is going to do about the disposal of put in a submission on time, so are they really long-term hazardous waste? Is it going to continue the concerned about Mildura and the environment effects policy of storing it in landfill? statement process? Are they really concerned about Hattah-Nowingi and the national parks and the Murray Honourable members interjecting. River, or are they only concerned about themselves? I would suggest it is the latter: they are concerned about Ms CARBINES — That is not very themselves and an attempt to score political runs on the environmentally sensitive. I hope that is not Mr Davis’s board in the lead-up to the election. idea. He has a lot to learn. HAZARDOUS WASTE: NOWINGI

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We have had this morning a political stunt from a process that Victoria has put in place in relation to desperate Liberal Party six months out from a state Nowingi. How does Mr Davis stand with that? The election hoping in some way to boost its chances at the member’s Liberal federal government has given a tick expense of the member for Mildura in the other place, to Victoria for the EES process. The member has come Russell Savage, who has been a consistent contributor in here this morning attempting to say that the process to this debate in his community, in the other chamber is flawed. Well, it meets the standard of the Howard and in the media and who has made representations on government! Is that not interesting to Mr Davis? behalf of his community to the Premier and achieved an Political opportunism from the Liberal Party is again at extension of the EES submission period. the fore in the chamber this morning.

Is the Liberal Party attempting to gain some political The EES and other documents were exhibited from mileage over Mr Savage or over The Nationals and 8 October to 16 December last year. The Premier people like Mr Barry Bishop, who has come in here agreed to extend the exhibition period at the request of time and again to raise this issue? Is that its motivation? Mr Savage, the member for Mildura in the other place, Having been involved in politics for quite a long time, I who wanted more time for his community to consider know that communities see through that sort of blatant the EES and be able to put in submissions. Seventeen belated attempt to utilise them in a political debate. hundred and forty-nine people or groups managed to do They know who has been representing them, and it is that: 1749 people or groups managed to get their not Mr Davis and the Liberal Party. submissions in on time as part of the EES process that was extended. There was one person, representing one The Bracks government takes the issue of appropriate party, who did not put in a submission on time. Two and safe disposal of prescribed industrial waste very months too late, Mr Davis cranked it up, took a trip up seriously. It would be politically expedient to pretend the highway, sniffed the political wind and decided to that our state does not have to confront this issue. We put in a submission! I suppose the old adage ‘Better late are working with industry to dramatically reduce the than never’ applies. It is better late than never, but it is a amount of prescribed industrial waste going to landfill. blatant, expedient, opportunistic act by Mr Davis. As I have already said, we have had a 25 per cent reduction of that type of waste going to landfill over the Hon. D. McL. Davis — I wrote it within two days last five years — that is under our government. But of the panel — — inevitably any government of this state has to confront the fact that there is some residual industrial waste that Ms CARBINES — He wrote it in two days! is not suitable for landfill and that it needs to be stored in a long-term containment facility. That is a fact of life, Honourable members interjecting. a fact of modern industrial life. It is a fact that that Ms CARBINES — I thank Mr Davis. His waste is the end product of the manufacturing of goods submission read as if he had written it in two days. And that we all benefit from, no matter where we live. I think Ms Hirsh is right: it was a cut and paste of other We all know that the government has identified people’s ideas. Mr Davis pinched their ideas. He did Nowingi as a possible location for this facility. We all acknowledge them as other people’s ideas, but he had know that. The community knows it, and the people in no ideas of his own. That is a pretty sad indictment for this chamber know it. What we have done, despite what someone who wants to be environment minister of our Mr Davis has attempted to portray this morning, is to state, is it not? put in place a rigorous, open and transparent assessment Mr Gavin Jennings — He doesn’t want to be and approval process in relation to this site. We have environment minister; that is where you’re wrong. conducted a $12 million environment effects statement process to ascertain the potential impacts of a long-term Ms CARBINES — That’s right, Mr Davis wanted containment facility on flora and fauna, ground water, to be the health minister, didn’t he? But he got shoved air quality, landscape values and the local community out of that position by Mrs Shardey. He got shoved out as well as on the state and regional economies. It is a of the running for that one! We were all interested to very broad, far-reaching EES process. We have hear about the debate that took place in the Liberal provided $50 000 to the Mildura Rural City Council to Party at the end of last year. Everyone else managed to engage independent technical advice so that it can get their submissions in on time — 1749 people, but submit appropriately to the EES process. not Mr Davis. He was two months too late. Because we are such an open, transparent, honest and inclusive It is important to note that the federal government — government we were prepared to accept his submission the Howard government — has accredited the EES two months too late; I acknowledge that. HAZARDOUS WASTE: NOWINGI

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We all know that an independent panel has been That is a serious and demonstrable achievement, but appointed to consider the proposal, to consider the EES there is some waste that cannot be buried. It is a matter and to consider public submissions — 1750 of them, of fact that we need to address this issue. We have an including Mr Davis’s. The panel will commence its obligation. We are the government of Victoria; we are hearings on 26 April. It will fully examine the proposal, representing all Victorians, and we need to make sure consider all opposing points of view and arguments and that we address this issue. The Liberal Party would come to its own independent conclusions. The panel have us believe the process is flawed and that will provide the Minister for Planning in the other place identifying Nowingi as the preferred site is somehow a with independent comprehensive advice. As a final step political decision. It would have us believe the process in the EES process the minister will provide a formal is not good enough. assessment of the proposal’s environmental effects to the Minister for Manufacturing and Export, the What it has done this morning is demonstrate that it Environment Protection Authority and the federal does not understand the assessment and approval Minister for Environment and Heritage. That is the process. Either it does not understand it or it is using approval and assessment process that has been agreed this chamber to put some cheap political runs on the to by the federal Liberal government. The process is board very belatedly in the lead-up to the state election. rigorous, it is independent, and it has been accredited by It is trying to steal some of the momentum from people the federal government. who have worked hard to represent the community, such as the member for Mildura in the other place and The long-term containment of prescribed industrial Mr Bishop. waste is a very difficult issue for Victoria, and, of course, it is a very difficult issue for the community of Opposition members have come in here this morning Mildura. No-one is pretending otherwise. That and shown that they do not have an alternative. The community has had its views represented doggedly by only policy that the Liberal Party has released — if you Mr Savage, the member for Mildura in the other place, could call it a policy; it is probably a made-on-the-run and in this chamber, particularly by Mr Bishop. I would statement by Mr Doyle, the Leader of the Opposition in like to acknowledge that Mr Bishop has made the other place, when he was pushed — is that it would considerable contributions. He has presented petitions, locate it somewhere within an arc 120 kilometres from he has used members statements, and he has questioned Melbourne. This morning I ask the Liberal Party to the minister on this issue. He has attempted to represent identify where it is going to go. Is it going to be in his community. He put a submission in on time, as did Cranbourne? Is it going to be in Seymour? Is it going to Mr Savage. be in Macedon? Is it going to be in Mornington? Where is this long-term containment facility going to be? If it It is a difficult issue confronting Mildura; it is a difficult cannot locate its preferred site, one can only assume issue confronting the state. Our government is prepared that it intends to keep burying prescribed industrial to tackle difficult issues. It would be much easier if we waste in landfill. It is going to bury its head in the sand buried our heads in the sand and said, ‘Let’s just and the industrial waste in landfill and pretend this issue continue what governments have done historically and does not exist. That would be easy; easy for them and bury this industrial waste in landfill. Let’s not worry easy for us. We are not prepared to do that; we are a about the environmental consequences. Let’s not worry responsible government. I urge all members to vote about the potential adverse environmental impacts. against the spurious motion that is before the house this Let’s not worry about the effect that may have on future morning. generations, which perhaps we will not be around to see, but our children and their children will have to bear Hon. B. W. BISHOP (North Western) — The the cost of it environmentally and financially’. We Nationals have much pleasure in rising to support the could do that, but we have chosen not to do that. We motion. I might also add that we have allocated have chosen not to do that because we are a responsible 5 minutes to Ms Hadden so she can make a government. We are working with industry and the contribution to this debate as well. The Nationals have Environment Protection Authority to really assess the opposed this particular project from day one. This issue of prescribed industrial waste in this state. We particular issue started back in 2003. If after the next have taken the issue seriously and, as I have said, since election The Nationals have the capacity to stop this 2000 under this government there has been a 25 per project, we will. We will stop it. cent reduction in the amount of prescribed industrial waste going to landfill. Ms Hadden made a couple of interesting remarks, and I will pick her up on a couple of them. HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1237

Ms Carbines — I was being nice to you in my 30 years room at Lyndhurst given that tonnages are speech! now being reduced.

Hon. B. W. BISHOP — I am sorry, it was If we show a bit of vision in this state — and the Ms Carbines. Ms Carbines was being nice to me in her government does not seem to have shown much vision speech, but I will pick up a couple of her comments. on this particular issue — we would most likely be We have a similar policy to the Liberals. If a looking at using this waste in a productive way. We containment facility, or a toxic waste dump, is built, it should not be putting it away somewhere but should be should be within 100 kilometres of Melbourne on using it in a productive way. The Nationals strongly Crown land — near Melbourne, because that is where believe the government should be putting the same most of the waste is generated. Ms Carbines asked why sorts of resources into looking at other technologies to the Liberal Party has not found a site. The Liberal Party manage the waste we are discussing today. The and The Nationals are not the government; it is the government should be examining the issue in a totally government’s responsibility to find the site. I do not different way rather than trying to beat communities believe we in The Nationals have had our heads in the into submission in relation to placing a toxic waste sand at all. dump in the Mallee. We believe there is a great future in this technology and given the reduced tonnages we As I said, we have opposed this project since 2003 for strongly believe that is the way to go. two major reasons. The first one is that this proposed site at Nowingi is right in the middle of our food bowl, Yesterday I asked the minister a question about what which will cause huge losses in both revenue and jobs. the budget was relative to the project up to date and If you look at the notice paper you will find that item 7 what had been spent, and the minister was not prepared under my name refers to the losses that would be to answer. I asked the minister also what the budget created if this toxic waste were placed at Nowingi. It was in relation to the Crown’s legal costs on the panel refers to the potential loss of 232 jobs and other issues. hearing. The minister again refused to answer. I put it to That has been drawn from the government’s own the house that if that same sort of money was applied to environment effects statement (EES) documents and the technologies and the capacity to reduce waste we the research that it has done. After that there is item 8 would not be looking at building a new facility. We under the name of my colleague the would be doing other things, and that would be far Honourable Damian Drum. As Mr Drum will talk better than what we are talking about today. about later today, his notice of motion refers to the need to embrace other methods of managing toxic waste. I will detail some history. As I said, we have fought this project since 2003, and the first time it came to my We have objected because it is right in the middle of notice was when a fellow called Graham Wakefield the food bowl and can cause huge losses of income and who lives at Tiega rang my office early one morning in jobs. It is next to two of our national parks, the November 2003 to tell me that his wife had been Murray-Sunset National Park and Hattah-Kulkyne handed a letter. The letter said that the land they resided National Park, where we have Ramsar-recognised, on had been identified as suitable land for a toxic waste internationally recognised wetlands that are a great dump. There had been two other sites identified as draw for tourism, both international and domestic. well — at Pittong and Violet Town. Do members know how they were notified? Cars swept into those The other issue is that this proposed siting of the toxic farmyards early in the morning, people got out and waste dump at Hattah-Nowingi is 500 kilometres away gave them a letter — a letter just like a summons — — from Melbourne where most of the waste is generated. That brings us to the issue of the risk of transport, be it Hon. W. R. Baxter — Just like the Gestapo! road or rail, from where it is created, through those towns and villages, past schools and hospitals and Hon. B. W. BISHOP — Just like the Gestapo, as through communities, and that is a major issue as well. Mr Baxter interjects! They got a letter just like a summons. The letter said the government had Our second issue — in fact Ms Carbines partly argued earmarked the land for a toxic waste dump and it would my case, which I will bring to the house now — is that be either purchased through agreement or compulsory we believe toxic waste tonnages are coming down, and acquisition, which left those people little room to move. coming down rapidly. We believe industry is responding to the challenges put to it and with new Unlike those on the other side of the chamber, I have technologies on the horizon we believe there is plenty had the experience of sitting around the kitchen table of room at Lyndhurst; in fact there may well be 20 or with those people and I can still remember the looks on HAZARDOUS WASTE: NOWINGI

1238 COUNCIL Wednesday, 5 April 2006 their faces as they said to me, ‘How does the these people were involved in the middle of a harvest, a government do this to us? Why would it do this?’. One very important activity of these hardworking people in young man told me he had spent the day on his header the Mallee. thinking of nothing else but those letters and the effect it would have on his farming future. Moving on to 2004, there was a bit more information available as to exactly what type of waste the dump When the information was finally released about what would store. That is why the environment effects sorts of tonnages it would be, my memory of it at that statement was needed. and it was then discovered that stage is that it was somewhere between 80 000 and the proposal posed potential risks to humans, surface 100 000 tonnes per year that was going to be put in that water, ground water, domestic and indigenous fauna. proposed dump, whichever of those three sites it might be, with a view to reducing it to 20 000 tonnes after We in The Nationals thought we would look at what about 15 years, and the proposed facility would have a the government had done in searching out sites. Whilst life of about 30 years. Some of that argument has now it is not our responsibility to pick the site — it is the moved on, but these people were really upset that the government’s — we lodged a freedom of information government could make life-altering decisions without request to get more details. It was rejected. We consulting them. Later in November 2003 a public appealed again but to no avail. We knew at that stage it meeting was held at Ouyen. The community was would be a tough fight. galvanised into action as country communities are and it formed the Tiega survival group whose president was The three communities then got together with many Bill Morrish, one of the land-holders in the area. others supporting them and sent a strong message to the government through a well-attended rally at Parliament. Over 750 people came to the Ouyen community centre They sent the message that the three areas were united that night to personally and collectively reject the and that they would not give up the fight. They wanted proposal to place a toxic waste dump at Tiega, which is to protect their land and the communities and would not 15 kilometres north-west of Ouyen. There were over be divided. It takes a fair bit for a farming community 300 apologies from people who could not come for one and farming people to come to a rally as they did. It reason or another, and one reason may have been that takes a lot more for them to leave their properties on a they were in the middle of the harvest. At that meeting, total fire ban day — which it was — to drive the I will give the ministers full credit, the then Minister for message home to the government that this toxic waste Major Projects, Mr Batchelor, and Minister Holding dump should be sited on public land and not on from the other place turned up at the meeting and had a productive farmland. That has always been the view of go at selling the proposal to the group at Ouyen. It did The Nationals. not work, but at least they were brave enough to come along and have a go and face the people. With those few words I hope to have conveyed to the house the united strength that those communities There were questions then about transport safety, the showed during that battle. They were determined to future of the clean green image for food production — win. It took a lot out of them, and many of us saw the be that top quality grains or prime Mallee lamb, which damage it did to those communities. But they did win, is a feature of the Ouyen area — and the list goes on, albeit briefly. In May 2004 Nowingi was announced as and it was then mentioned that the irrigation area was the site. It was a bolt out of the blue! It was not even on just a short way up the road. The meeting that night the radar screen. No-one had mentioned it. Minister concluded with a resolution, moved by Tony Hall who Batchelor said, ‘Sunraysia will understand once the heads up Ouyen Inc., that basically said the meeting facts are known’. That was another wallop in the face rejected the siting of a toxic waste containment facility for our communities in the Mallee, because, as I said in the Mallee. The motion was seconded by the then before, it had not even been on the radar screen. mayor of the Mildura Rural City Council, Peter Byrne, and carried unanimously. The minister said it was a great site because it was isolated. He was wrong. The minister said that no-one The government then demanded of these people that resides within 9 kilometres of the site. He was wrong. the responses to the guidelines for the environmental The minister claimed that the geological and assessment process be presented by 22 December 2003, hydrological conditions were similar to Tiega. He was if my memory serves me right. That was only a handful wrong. The only constant was the siting of this dump to of days after the announcement of the project. We ensure that it was placed in the Mallee, 500 kilometres thought this was a pretty cruel and thoughtless act by away from Melbourne and away from any safe Labor the government on a number of fronts, particularly as seat. About that time people realised that the proposed HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1239 siting of this toxic dump was at the hub of three states. Of course there have been further no-toxic-waste-dump There was a belief and a real fear that the proposed site rallies in Melbourne. There has been an interesting would have the potential to become a Labor accusation that through the backdoor the Bracks government tri-state toxic waste repository. Of course government is offering infrastructure funding if that was an issue. Sunraysia gives up its fight on the toxic waste dump. That resulted in the Premier calling on me to apologise, Another issue that was raised was that maybe Mildura which I did not do. I have every right to ask the tough would be held to ransom on its rail upgrade, rail questions on behalf of my community. There was a standardisation and the return of its passenger train. I great rally. It was huge, noisy and a credit to people like raised that issue, as I was entitled to, and do you know the then Cr Graeme Robinson and Peta Cooper, who what happened? The member for Mildura threatened to were the main drivers but who had plenty of support. It sue me. But I was not too worried. I said, ‘Go for your not only drove the message home to the government life. No-one is going to bully me into not sticking up for but it also got national media attention and all of those the communities I represent’. things that are required to make an impact in such a fight. It finished off with the then mayor of the Mildura The question is: did the government look at any other Rural City Council, Peter Byrne, making the final sites? Did it look at the millions of hectares of Crown statement that, ‘There will be no deals, no compromise land that make up a lot of our state? The answer is no. and no surrender’. That is still the position. We flushed that out with a question asked by the Leader of the Nationals in the other place, Peter Ryan. A number of visits by government ministers and So the government picked the site at Hattah-Nowingi, protesters were organised by the Save the Food Bowl which is close to the Murray River and its intensive Alliance. Those went well — and I can tell the house irrigation production areas, adjacent to the broadacre without any doubt that they will continue for as long as farming production, close to the two parks and the government sticks to its flawed proposal. 500 kilometres away from where most of the waste is generated. In 2005 we had a change. Minister Batchelor was taken out of the major projects portfolio and a minister in our About this time a new group was born to bring about house, Mr Lenders, got the poisoned chalice. We some organisation, cooperation and support to this welcomed Minister Lenders having that portfolio, newest fight for the Mallee. That was the Save the Food because we thought it would give us a chance to have a Bowl Alliance headed up by citrus grower Peter Crisp chat with him from time to time about the many issues and spokesperson Anne Mansell. They have about 150 involved in this project. In fact, to give Minister or 200 people in their group. They have done a great Lenders his due, he came to Mildura. He got a strong job. The record speaks for itself. They have people in reception too, and he saw at first hand the strength and there who are experts in the environment, hydrology, then the pain and suffering this was causing our transport and local industry. I commend the group on community. I was again proud of our community. its efforts. When I stood up on the truck with the others that day and looked out over a sea of people with placards That generated another meeting held at the Red Cliffs waving, I was proud of them. civic centre on 2 June of that year. I invited the Premier to come. He did not come — it was a bit of a pity — I was invited to go with the land-holders as they spoke but The Nationals leader, Peter Ryan, turned up at the to Mr Lenders, the Minister for Major Projects. meeting. It was an absolute ripper. About 1400 people Minister Lenders did a good job. He listened intently were there — and some had to stand outside in the rain. and took it all on board. I did not interfere with that, and The then Minister for Major Projects, Peter Batchelor, I am sure the minister appreciated it. However, it was a was going to the area on the Friday of that week, so I powerful message to Mr Lenders, and I am sure he said to the group, ‘Why don’t we have a meeting with remembers that message every time this issue is Mr Batchelor? We can gather to meet him’. And meet brought up. him we did. That was the start of the powerful Sunraysia effort of objection and resistance to the toxic We had a no-Mallee-toxic-waste-dump exhibition in dump. I was proud of those people when they got Queens Hall where we exhibited the products of the together, and they certainly let Peter Batchelor know area. It was certainly a good time, and it gave everyone precisely what they thought of the government’s an idea of what we produce and the risks involved. At intentions. about the same time there was a no-toxic-waste-dump’ roadshow that travelled down the Calder Highway to inform the townships along the way of what the HAZARDOUS WASTE: NOWINGI

1240 COUNCIL Wednesday, 5 April 2006 government was proposing. On that issue I again asked could avoid a bit of flack. However, that was Minister Lenders whether the government had given announced by Major Projects Victoria under Minister any consideration to diverting some funding earmarked Lenders. for a new site to waste reduction initiatives. I did not get an answer out of him. Rather than an answer I got a bit Major Projects Victoria produced five volumes on six of a veiled threat. He said that I was putting at risk the reams of paper. They weighed 8.6 kilograms, and transportation of fertilisers and fuel up and down the members of our community were expected to read highway. I could not quite align that to my question, but them, dissect them and write a submission on them I think it gave some idea of how desperate the within six weeks. That was impossible. What is more, government was getting. the government tried to sneak the announcement in on a Friday so no-one would notice, but it sort of failed. The But now the suggestion behind the question I asked is locals got wind of it and gathered in Mildura to confirm coming true. I think if the government had allocated their existence and pick up a copy of the EES report. more finances to that that we may not be having this Guess what? There were not enough copies. They ran debate today. My colleague Mr Drum will talk shortly out! In an effort to overcome the sheer size of this about the waste that will be produced and the new bundle of reports in a great big box, my office took technologies that are being brought out for dealing with upon itself, with the help of the offices of the it. I believe the amount of waste will be down to a few Honourable Damian Drum and Ms Hadden, the Save thousand tonnes in a few years. We might not need any the Food Bowl Alliance and the Mildura Rural City new facilities, because there is plenty of room in Council, to provide local residents with a kit which Lyndhurst — there is probably 20 or 30 years worth of would give them a shot at being able to make a space at that facility. submission without wading through all of those volumes. It is interesting that the government put out a number of fact sheets. I cannot remember how many but there I think it was about that time — it might have been a bit were lots of them. I think those fact sheets were wrong earlier — that the member for Mildura in the other and that we were misled by experts, if I can put it that place seemed to have woken up to what was going on. way. Early on there was information that the waste He then started to condemn the government’s pushing would be in concrete blocks, but now I understand it for the dump. That was a bit of a surprise to us. We will be in bags in containers. The transport of the waste were not too sure where he was at that stage, because was to be by road and now it is to be by either road or he is quoted in the Age of 21 May of that year — rail. You can never be quite sure what is going to come 2004 — as saying: up next. I can remember asking Mr Lenders — I am sure it was a question to him — about the safety of the I’m disappointed that we’ve been targeted as a site. But if the environmental effects process goes through and it’s effective, transportation of this waste. He said, ‘No problem. If I think most of our fears will be allayed. the truck tips over, you just scoop it up and put it back on the truck’. As a result, at one of the rallies the I can tell the house that mine were not. However, he has community produced a wonderful scoop built out of a certainly stiffened up his views since then. 200-litre drum. It now proudly resides in a corner of the office I share with the Honourable Damian Drum. I I wrote to the South Australian Premier and received a think it is about time the scoop wandered through the response which said that South Australia was corridors of Parliament to make its presence felt. That vigorously opposed to any development in Nowingi or just shows the inventiveness and commitment of the anywhere else that posed a threat to the River Murray. community in making their point. We have some powerful allies in South Australia, and I hope that situation will be maintained. As Ms Carbines The Nationals, the Save the Food Bowl Alliance and said, over 1700 submissions were made to the hearing many others have consistently maintained there will be panel. After those had been exhibited another avalanche substantial losses if this proposed dump goes ahead. I of supplementary reports came out and were dumped do not have time to go through them all, but it is very on our community right in the middle of the clear to most people what those losses would be. In horticultural harvest period. That was exquisite timing fact, if you read carefully, you will see that those losses because so many of our residents did not have the have been put forward by the government’s own opportunity to read them. I asked the minister to exhibit researchers. In October of that year we discovered that those and to make a supplementary EES out of them to the dump proposal was to go to the environment effects give us a bit of a break, but he was not being very kind statements (EES) panel. The announcement was made about that either, which was a pity. I think the when Parliament was not sitting so that the government government’s supplementary reports deserved to be HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1241 exhibited and deserved to be part of a supplementary not be there. However, they do not offer any EES process. alternatives other than to go to the barricades. All that sounds good, and I suspect most of us will be there if it The Mildura Rural City Council has been absolutely comes to that, but, by gee, it is a big call to make. It is a steadfast right throughout in its opposition to the big call to make to ask people to put themselves on the proposed toxic waste dump, but at the moment a couple line, perhaps facing arrest and a criminal record if they of councillors are questioning the amount of money the do and it comes down to the wire. Obviously the community is prepared to spend to fight the massive — community has not rejected this course of action as a and it is massive — legal team that the government has last resort. thrown at Sunraysia. It is a pity, because this has the ability to create a division in our community. It is also a Other than that it has also been called political possibility that sees the government absolutely rubbing opportunism by the weekend media. They have not its hands together in glee, because deep division is what been at all helpful, in contrast to other media, which it seeks to achieve. It is a bit of a free kick given to the have been really supportive. That accusation is absolute government. I believe our community will see through nonsense, and I totally reject it. We did not start this all of this, and I believe our people will say they have fight in Sunraysia; the government started it. As no choice but to continue on with this fight in the way politicians, we will stand up and defend our people we started it in 2003. anywhere. I am sure I am going to do it; I will continue to defend them. We have a couple of platforms we can Likewise, we have had some pretty unhelpful use — we can use the community and we can use comments from the upper house candidate from Parliament. I will use them both, and I will keep using Mildura, Stefano Di Pieri, that perhaps it is time to them, so I strongly urge the house to pass this motion simply wait at the barricades. The answer is really no, before us this morning. because we have no choice but to fight this all the way through every avenue we have before we resort to those Hon. C. D. HIRSH (Silvan) — I rise today to tactics. I understand all that. I understand it is tough on recommend opposition to the motion proposed by our community. It is a lot of money, and we are having Mr David Davis regarding the possibility of a long-term a downturn in horticulture. Everyone understands all of containment facility in Nowingi. The late Mr Davis put that, but we cannot ask people to stand at the barricades in a late submission to the panel and of course arrived unless we have exhausted every avenue we can. I late this morning to make his contribution to the debate believe these actions gave the government that free and support his motion. I guess that arriving late and kick. It took a bit of the pressure off the government, doing it all late is part of his way of operating in this but it is coming back on now. I was disappointed with portfolio. I suggest that he probably wishes he was back what Stefano said. I know, like all of us in this house in health, but he is, I imagine, doing the best he can know, that Stefano was a Labor person in the past, and under the circumstances in cobbling together a by his comments you would wonder whether he is submission to come up with a cut-and-paste job of bits drifting back into that area. I hope he is not. He says he and pieces taken from all the other submissions that is not, but let us see where it goes in the future. were put in.

As far as the councillors are concerned, I can Hon. D. McL. Davis — Have you read it yet? understand them having doubts — goodness, everyone has doubts when you are talking about that sort of Hon. C. D. HIRSH — Yes, I have read it now, money — but I believe they should have discussed it at Mr Davis, and I have noted its cobbled-together nature. the council, where they really represent their people, in the first instance. I do not know whether there is a code I have also listened with great interest to Mr Bishop’s of conduct, or whatever it may be called, for contribution to the debate this morning. Whilst he has councillors, but I suspect there is one, and it seems to not convinced me to vote in favour of the motion, his me that that would have covered the issue. But they representation of his community is absolutely excellent. must now take responsibility for having weakened the I suggest that when people in his community read his effect of the countless hours of work the community speech they will appreciate his representation of their has put in. views. It was a stirring speech, which I enjoyed listening to, and I congratulate him on it. I also Mr Di Pieri and those councillors have spoken up. I congratulate the ongoing commitment of Russell honestly believe they do not want the dump in the area. Savage, the member for Mildura in the other place. I They have said that many times, so I have no doubt at have read some of his contributions to debate and see all in their good faith in saying that the dump should HAZARDOUS WASTE: NOWINGI

1242 COUNCIL Wednesday, 5 April 2006 him also as a stalwart of his community in representing into the Murray River or into horticultural or its views. agricultural ground.

The role of government, of course, is not always easy, Hon. D. McL. Davis interjected. and when considering the placing of long-term storage of prescribed industrial waste the government is aware Hon. C. D. HIRSH — I could make a series of that the waste cannot keep going into landfill. It must assertions, as Mr Davis is doing, but based on the not. Landfill is not going to last, and it is not a good studies that have been made so far it appears to be a site place to store it. Industrial waste needs to be in a that may very well be safe to build the storage facility carefully contained environment where no damage can for prescribed industrial waste. There has been a be done to the surrounding environment. This is the massive process so far which Mr Bishop described very proposal for Nowingi and what would take place if that well. That process will continue with residents being decision were made, bearing in mind that the listened to by government. Our political process is well government has made no decision on this and will not under way. It is a democratic process where the local do so until the panel results are completely in and until people are well able to express their views, and I all studies are completed. congratulate them on the sort of work they are doing in opposing something they feel is inappropriate. But Tackling the problem of waste in our community is governments will and must make hard decisions; that is both difficult and crucial. Given that Mr Davis has not part of being in government. really produced a policy, except in terms of suggesting a site that is within 100 kilometres of Melbourne, if we Of course the government’s major aim is to reduce the listened to the opposition we would still be throwing amount of material going into a hazardous waste sewage out of our top floor windows so that it rolls containment facility. The idea of government is to try to down the gutters. In this age we have to deal with the stop the production of waste at early stages of business of industrial and other waste. A government production and recycle and reuse hazardous waste has to do this; it is important, and it must be done. whenever possible. As time goes by and as awareness among the community and in industry grows, there will The reduction by 25 per cent of prescribed industrial be less and less of the prescribed industrial waste that is waste since 2000 is a very important direction that currently created. When one reads about the tanneries manufacturers of goods and others are taking. The along the Yarra River in the 19th century and the slogan, or motto perhaps one could call it, of ‘reduce, enormous pollution that they produced and look at reuse and recycle’ is being listened to, and the reduction where we were 100 or 150 years ago, we see that we of industrial waste and the making inert of what has to have come a long way in the realisation that keeping on be stored is very important. It is a priority of this throwing waste into landfill and allowing it to leech government and should be a priority of all governments into our waterways and into our ground water is in the future. Reducing the amount of material that has unsustainable. Whether we like it or not it is essential to to be placed into a containment facility is the way to go; build a containment facility that will in the long term there is no doubt about that. This government has been safely keep from the environment the prescribed going that way since 2000, not long after it was elected, industrial waste that cannot be placed anywhere else. when it passed the act increasing the landfill levy, forcing industry to reduce its waste. The hearings are to take place from the end of the month. I look forward to following the process of those When we think about it, every single thing we produce hearings over the next little while, and I look forward to ends up as some sort of waste. When we produce ink the democratic processes that we are so lucky to have in for printing it ends up being industrial waste that has to this country taking place. As I said, no decision has be stored. In everything we do, such as making carpets, been made and the government will await the outcome for example, we end up with material that has to be of the environment effects statement process. But I urge stored in some form of containment facility. One members to bear in mind that it is necessary. You wonders what will happen to the earth in the long term cannot put your head under the bed and ignore the fact as we continue to produce the things that we are used to that these problems exist and that government has a living with. There is a need to look after the people and responsibility to address them. I urge members to vote the land so that this waste is not leached through the against Mr David Davis’s motion. land, and the only way to do that is to store it in a contained facility. Studies so far have shown that the Hon. W. A. LOVELL (North Eastern) — I Nowingi site on Crown land will not cause any form of congratulate the Honourable David Davis for moving leaching of any material either through ground water this motion this morning, and also for the interest he HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1243 has shown in this issue since taking on this portfolio the panel by Raptour Systems. It was put together by only three months ago. I also congratulate the Professor Kim Hassall, who has had quite a Honourable David Davis and the Honourable Barry distinguished career in transport. Some of the things he Bishop on their contributions this morning. Both were lists in his biography include being the national magnificent contributions and outlined many of the transport economist for the Australian Postal reasons why the toxic waste dump should not be Corporation, which is Australia’s largest transport located at Nowingi. However, I cannot say the same network provider. He was also manager of transport thing for the contribution from government members, operations and dangerous goods and management of Ms Carbines and Ms Hirsh. They were appalling transport strategy for that organisation. He has been a contributions and between them they could not give us member of the urban strategy board for the Australian one good reason why a toxic waste facility should be Trucking Association. In 2002 he was appointed as an located at Nowingi. honorary associate professor and principal research fellow in logistics at Melbourne University. He has also The government likes to come in here and mock the written 70 major articles on transport and logistics. So Liberal Party and The Nationals about their support for he has had a distinguished career and is someone we the people of Sunraysia. It is particularly disappointing should listen to. He noted in his submission that: that a government feels that that is the best way of representing the people. Certainly what the government The specialist road transport report is highly flawed in its cannot mock is our support for the people of Sunraysia assumptions that a toxic dump site at Nowingi will in essence be a ‘business as usual’ scenario for the road linehaul and for their concerns. I look forward to going up to providers with no added dangers to the Victorian community. Mildura to participate in the panel presentations, along with Mr Davis and a Liberal candidate for the Northern This finding is totally at odds with industry experience for the Victoria Region electorate for the Liberal Party, Donna road linehaul sector be it in hazardous substances or general freight. Petrovich. The real question should be what is the likelihood of a Irrigated agriculture is an important contributor to this linehaul truck rollover or tip-over (that is, toxic cargo state. Certainly no-one could deny the importance of spillage) outside a 100 km radius of Melbourne and on the the Murray River and agriculture and horticulture in the brink of a 500 km radius? Sunraysia district. Not even the Bracks government Answer: the risk according to industry sources is some four to could deny the economic significance of the Murray five times greater than within the 100 km radius. In fact a River and the Sunraysia district to the state of Victoria. 500 km linehaul boundary radius — The position that the government has chosen for this which is about the position of Nowingi — toxic waste dump at Nowingi is close to the irrigated agriculture area in the Colignan district; in fact it is only … is possibly the most notorious radial boundary for single 13.5 kilometres away. It is inconceivable that the linehaul truck accidents. location of this toxic waste dump in such close proximity to the Sunraysia food bowl would not place He went on to give some scenarios and make the region’s exports at considerable risk. predictions that there could be 2.11 major spillage incidents caused by the additional traffic and that Victoria has worked hard to establish a clean, green 56 vehicle trips per annum are at risk of overturning. image and many of our international markets depend on This is creating a significant additional risk to people this image. Competitors would be into markets in areas who use the Calder corridor for transport. Not only is it like Korea and Japan trying to damage our image as an environmental risk but it poses risks to Victorian soon as they could establish that there was a toxic waste families travelling on and communities along the dump within the vicinity of the irrigated agriculture Calder Highway. The Liberal Party has done some area. One cannot blame other countries for taking that research of its own. A paper was put together by Donna advantage, and in assessing the impact that this facility Petrovich, a candidate for the Northern Victoria Region would have on the Sunraysia district we need to take electorate, on schools in the Calder corridor. Donna that into account. Just the perception of a toxic waste identified that between Keilor and Mildura there are dump upstream of the irrigation district is enough for 81 schools that could be affected by this. our competitors to damage our image in our international markets and for it to affect our exports to The number of schools situated directly on the Calder many countries. Highway is 14. For example, the towns of Malmsbury, Taradale, Elphinstone, Harcourt, Big Hill, Lockwood, The Calder corridor transport route is another major Marong, Bridgewater, Wedderburn, Charlton, Sea Lake concern. I would like to quote from a submission put to and Ouyen all have schools located directly on the HAZARDOUS WASTE: NOWINGI

1244 COUNCIL Wednesday, 5 April 2006 highway. A further 10 schools are located within one to people of Nowingi and the surrounding area. Over the four blocks of the highway and would also be years I have worked with local environmental activists, significantly impacted on by the additional traffic, by people like Stuart Marriner from RATWISE in risks to families travelling on those roads and at risk Dandenong, and there is no doubt that these things from accidents due to the additional traffic caused by create a lot of angst in the community. The challenge is the cartage of toxic waste. The Liberal Party believes to make sure that the right information is disseminated that significant risk to families is just not acceptable. and gets out to the residents — to the constituents. Politics is a hard game, but we have to be careful not to There are also many environmental concerns. Many of run scare campaigns, and my concern is that the those have been outlined by the Honourable David opposition parties have been running a bit of a scare Davis, so I will not go over them. I would like to thank campaign on this issue. The opposition’s mantra so far Mary Chandler, who has spent an enormous amount of has been to assert that the environment effects time with me. I have been to the site four times, Donna statement process was flawed, that there was no access Petrovich has been there three times and Mr David to documents and that the McKinna report painted a Davis has been there twice. Mary has informed us of dark picture of the markets in South-East Asia. the impact a toxic waste dump would have on the However, the findings of the market assessments by environment and on species like the Mallee emu-wren David McKinna and the economic impact assessment in that region. by URS states:

I note my extreme disappointment that the government ‘Perception-based risks to export markets’ is one of the four speakers listed for this morning are Ms Carbines, highest-ranked risks remaining in the project, but overall the Ms Hirsh and Mr Somyurek. I am disappointed that risk of widespread, persistent damage to export markets is very low. It is very likely that a small number of trades will be neither Ms Broad nor the Honourable Kaye Darveniza, impacted, whereby Sunraysia growers could be forced to who seek to represent this region, has chosen to speak accept a lower price. on this motion. It shows that these two members do not have the interests of our region at heart. If they are The McKinna study also argues against the view that elected as members in the next Parliament, will they Australia/Sunraysia enjoys a clean and green market represent the concerns of the region? No. They will advantage. Nevertheless, I go back to the original probably just become the government’s mouthpieces in paragraphs about perception-based risk. Essentially we northern Victoria. They will be there to spread the cannot have an opposition creating a perception in these government’s spin. I call on both Ms Broad and the markets that goods are unsafe and that somehow they Honourable Kaye Darveniza to cross the floor and vote are contaminated. with Liberal Party today. In that way they can show the people of the Northern Victoria Region that they Hon. Richard Dalla-Riva — Acting President, I support them and have their interests at heart. They draw your attention to the state of the house. should cross the floor and vote with us on this very Quorum formed. important motion. Mr SOMYUREK — Before the quorum I was Mr SOMYUREK (Eumemmerring) — The motion speaking about the deleterious effects on our exports of before the house today is a difficult one. As a person the opposition constantly bagging the Nowingi site. As who lives in Lynbrook I understand how locals feel I said, the McKinna report points to the risk of a about the Nowingi site. Lynbrook is wedged between perception that the goods coming out of Nowingi will the Lyndhurst landfill and Dandenong South in the be contaminated. The opposition parties need to be IN2Z zone, which is essentially a zone that takes in responsible and not perpetuate the perception that items prescribed waste from across the state. As residents we coming from Nowingi will be contaminated or in some get a bit anxious. It is an emotive issue locally for the way inferior. people of Dandenong, Lynbrook, Hampton Park and even as far as Narre Warren and down to Keysborough. The opposition’s mantra that the environment effects I have worked — — statement (EES) process is flawed is not right; it is the same process under the same legislation that existed Hon. D. McL. Davis — This is what it’s about, is it? under the Kennett government. The process has been in This is the purpose of this dump in Mildura, is it? place during the six years of the Bracks government. It Mr SOMYUREK — Regarding the interjection by is open and transparent and provides people in the Mr Davis, at this stage I am explaining my community with opportunities to have their say. sensitivities — that I have some empathy with the HAZARDOUS WASTE: NOWINGI

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Since the EES process has come under the microscope, Honourable David Davis about it. The panel process it would be prudent at this stage to delineate the does not take place until later this month. Whether the background. The expected time line for the EES submission was lodged within the time line or later is a process is that from 8 October to 16 December the EES furphy. The reality is that the state opposition has made staff and the Environment Protection Authority worked a submission, and the Honourable David Davis should towards approving applications to be placed on public be congratulated for putting a coherent argument as to exhibition; on 14 February 2006 an independent panel why there should not be a toxic waste dump at Nowingi was appointed and announced by the Minister for in the Sunraysia district. Planning; on 27 March 2006 the independent panel held its directions hearing; the panel hearings will Ms Lovell indicated that two Labor members will be commence on 26 April 2006; in late June–July 2006 the going into the new Northern Victoria Region, a region panel hearings will conclude; in August–September in which Ms Lovell and the Liberal Party’s endorsed 2006 the panel report will be received by the Minister candidate, Donna Petrovich, have been doing a fantastic for Planning; in September–October 2006 the minister job. I cannot say the same for the Labor members, who will submit his report; and then the Victorian have failed to go anywhere in the new regions. government will announce its decision. Mr Somyurek — On a point of order, Acting The government expects that the EES process will take President, there is a specific motion. Mr Dalla-Riva has until mid-2006 if the site is found to be suitable, and if been speaking for about 4 minutes, and so far his it is suitable the facility could be constructed in 2007. I contribution has been a running commentary on what cannot see anything wrong with that process, because it people have said. He is now onto ALP preselections. I is open and transparent and gives all key stakeholders cannot see how the ALP preselection process — — plenty of time to have an input into it. On that basis I oppose the motion. The ACTING PRESIDENT (Hon. J. G. Hilton) — Order! I am cognisant of the Hon. RICHARD DALLA-RIVA (East Yarra) — I point Mr Somyurek is making. It is not a point of order, rise in support of the motion. This is an important and I ask Mr Dalla-Riva to continue his contribution. motion to be debated today and the shadow environment minister, the Honourable David Davis, Hon. RICHARD DALLA-RIVA — Just to reflect should be congratulated on his motion. In my view and for Hansard, we are debating a motion and in debate the view of the Liberal Party this is a government that you counter the arguments that are put forward. I was has undertaken a process which has ignored the countering the arguments put forward by previous interests of country Victoria. speakers. The previous Labor speaker put some arguments to the house that were inane, lame, stupid, Later I will speak in my capacity as the opposition dumb and disjointed. They did not go to any particular spokesperson on manufacturing and export because issue in the motion before the house. The motion before there are important issues bearing on that subject. the house relates to the fact that this government is Those who are in the chamber or those who read the proceeding down a path of delivering a toxic waste debate in Hansard will notice that the previous speaker, dump to country Victoria. That is what the government Mr Somyurek, delivered what could be said to be a is intending to do. most inane and disjointed contribution when it came to argument and debate. That is another demonstration of Mr Somyurek interjected. the capacity of government members. It is another Hon. RICHARD DALLA-RIVA — We have a demonstration of the failure by government members to factional hack on the other side, a factional hack in the understand that when in government they should come Labor Party — — into this place presenting facts and arguments as to why they would not support such a motion. Mr Somyurek interjected.

Those who down the track read this in Hansard will The ACTING PRESIDENT clearly see that Mr Somyurek has failed on every count (Hon. J. G. Hilton) — Order! I ask Mr Somyurek to to argue the five points set out in the motion. About cease those interjections. 80 per cent of the time of the preceding speaker, Ms Carbines, was spent outlining the number of Hon. RICHARD DALLA-RIVA — We have a submissions and claiming that a submission was not factional hack on the other side who crunched his lodged by the Honourable David Davis, although a numbers in — — submission was made. She only needed to ask the HAZARDOUS WASTE: NOWINGI

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Mr Somyurek — On a point of order, Acting government is more interested in putting its factional President, I object to the words used by Mr Dalla-Riva. players into seats in country Victoria. On a point of relevance, I expect him to be dealing with the bill — — Hon. B. N. Atkinson interjected.

An honourable member — It is a motion. Hon. RICHARD DALLA-RIVA — Mr McQuilten is a good member but he was rolled. Ms Carbines spoke Mr Somyurek — To get on with the motion. He before — — really has strayed from the motion. He is giving a running commentary on — — Mr Somyurek — On a point of order, Acting President, again, I fail to see what the ALP The ACTING PRESIDENT preselections and the internal processes of the ALP (Hon. J. G. Hilton) — Order! The member has taken have to do with this notice of motion. offence at the words ‘factional hack’. I ask the Honourable Richard Dalla-Riva to withdraw that Hon. D. McL. Davis — On a point of order, Acting comment. President, the point Mr Dalla-Riva is making is entirely relevant to earlier debate in this chamber about the Hon. RICHARD DALLA-RIVA — I withdraw. destinations of a number of Labor MPs and their motivation for making decisions about the toxic dump. Some in the Labor Party are factional hacks. In fact, I think that is perfectly a matter for debate. It follows on many would argue that recent preselections have been from points raised earlier in the debate. Mr Dalla-Riva full of factional hacks. We have seen — — is picking up on that earlier discussion, as he is entitled to do. I ask you, Acting President, to rule that there is Mr Somyurek — On a point of order, Acting no point of order. President, this is a notice of motion. On a matter of relevance, this is not a debate on the internal party The ACTING PRESIDENT processes of the ALP. Please bring the member back to (Hon. J. G. Hilton) — Order! The issue to which the order. honourable member is referring has been raised in this debate this morning. However, Mr Dalla-Riva has spent Hon. D. McL. Davis — On the point of order, a fair amount of time commenting on those previous Acting President — — contributions. I believe he should devote the remainder The ACTING PRESIDENT of his time to the principal motion before the house. (Hon. J. G. Hilton) — Order! I am prepared to rule on Hon. RICHARD DALLA-RIVA — I thank you the point of order. I believe Mr Dalla-Riva should use for that, Acting President. the remaining 8 minutes of his time to address the motion before the Chair, and I ask him to do so. It is interesting that we have a government with a glass jaw. We have a government that is prepared to step all Hon. RICHARD DALLA-RIVA — We have a over country Victoria. We have a government that is motion before the house which calls on the state more interested in putting people into positions than it government to abandon its plan for a toxic waste dump is in protecting the people of country Victoria. Like the at Nowingi. We have seen the ALP preselect a number previous opposition speaker, the Honourable Wendy of people for the Northern Victoria Region. The Lovell, I draw attention to the fact that the two endorsed processes we have seen and the factional dealings of Labor members for Northern Victoria Region should be this government have seen it place members of the ALP sticking up for their region — — into areas which they should be supporting. That is what I am getting at with my argument to the house. Mr Somyurek — On a point of order, Acting We have Labor members who will be going into the President, I refer you to standing order 9.22 which is Northern Victoria Region and will support the toxic headed ‘Irrelevance or tedious repetition’. I submit to waste dump. you, Acting President, that the member has been speaking for 12 minutes and his whole speech has been This government is not interested in the interests of the tedious repetition. I ask you to bring him to order. community, of country Victoria, of the food bowl, of the national parks, of our water system or indeed the Hon. B. N. Atkinson interjected. transportation of tonnes and tonnes of toxic waste 500 kilometres through country Victoria. The The ACTING PRESIDENT (Hon. J. G. Hilton) — Order! Mr Atkinson, I am on HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1247 my feet! I have ruled on this on a number of occasions. The emissions emanating from gasification plants I have asked the speaker to address himself to the throughout Europe and various states in the United principal motion before the house. He has not addressed States of America are less than the emissions emanating himself to that principal motion for the last few from natural gas, so effectively we are talking about minutes. I ask him, in his remaining time, to address minute emissions into the atmosphere. This is a himself to the motion before the Chair. win-win situation that I have tried to have debated in Parliament for the last month. I have raised various Hon. RICHARD DALLA-RIVA — Due to the matters on the adjournment directed to the environment rules that have been imposed on this house I am now minister I have proposed notices of motion. I have out of time other than to say I will support the motion. pushed it in our submission to the panel hearing, which Members on the other side are a bunch of factional is being held in Mildura at the minute. hacks, and they should be painted as such. We have tried to get Entech to come across and be our Hon. D. K. DRUM (North Western) — I appreciate expert witnesses in this issue and answer questions in the opportunity to contribute to the debate on the front of the panel, but the company is sick and tired of motion moved by the Honourable David Davis this governments with preconceived prejudices against morning. The aspect of the motion I wish to — — anything to do with using thermal technologies in the destruction of waste in this country. It has been fighting Honourable members interjecting. its own government in Western Australia and has had The ACTING PRESIDENT previous fights with the Victorian government in trying (Hon. J. G. Hilton) — Order! We cannot have to get its technology at least on the table for debate so conversations across the chamber. It is disrespectful to we can end up with a better outcome for all Victorians. the member on his feet. These gasification plants are obviously considered to be the way of the future in many other countries, and I Hon. D. K. DRUM — The aspect of the motion I cannot understand why the Bracks government wants to wish to concentrate on this morning is the fifth point go down the path of making itself so disgracefully concerning the development of this toxic waste dump unpopular by putting communities along the corridor at proceeding without satisfactory investigation of risk from the transport regime it is putting in place. alternatives, including programs to reduce the quantities of industrial waste. I will be promoting an aspect of this We have had varying estimates of how many trucks debate which has been largely left alone — that is, what will be travelling on the Calder Highway through the alternatives do we have to building a glorified landfill, outskirts of Bendigo. I know it will send a shiver up the which is effectively what the government wants to do. spine of all Bendigonians when there is a truck accident anywhere in their region — — I took some notes while I was listening to Ms Carbines earlier. She mentioned the fact that these toxic waste Hon. D. McL. Davis — In smaller towns too. by-products had to go somewhere, and she challenged Hon. D. K. DRUM — Of course. The whole region the Liberals to come up with an answer. The main issue understands that if the Bracks government gets its way in this debate has been left largely not dealt with. with this toxic waste dump at Hattah trucks are going to World-best practice technologies are available now for go through all the communities between Gisborne and gasification plants, and we have producers of these Hattah, including Kyneton, Castlemaine, Harcourt, plants well and truly established in Australia. In Narong, Bridgewater, Inglewood, Wedderburn, particular, Entech, the engineering company I have Charlton, Sealake and Wycheproof and, finally, Ouyen. been talking to in Western Australia, manufactures All of those communities are going to be up in arms gasification plants. Those plants are one of the systems when it comes time to allow those trucks to use that of renewable energy that we all talk about all the time route. We had an accident about 20 months ago in in this chamber. Entech makes pyrolitic gasification which a truck collided with a train. The produce in the chambers. These chambers are able to burn household 4 or 5 hectares of land around that crash site has still not waste, industrial waste, toxic waste and all types of returned to normal because of the damage done by the sludge, including sewage and reduce the amount of chemicals involved in the crash. People are genuinely by-product to 6 per cent of that produced by the current concerned about what will happen if toxic waster enters system. Yet can Entech get any government in a stream after one of the trucks carrying it rolls over and Australia to enter into this debate in a serious fashion? spills its load. It is a very real fear, and we need the City The answer is quite simply no, they cannot. of Greater Bendigo — — HAZARDOUS WASTE: NOWINGI

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Hon. B. W. Bishop — Just scoop it up! Ms HADDEN (Ballarat) — I rise to speak in support of the motion moved by the Honourable David Hon. D. K. DRUM — The minister did say that if Davis. I want to place on the record my abhorrence at we had an accident like that we would simply scoop it the Bracks Labor government’s pursuit of this crazy up and put it back on the truck. madness of wanting to dump toxic waste from Melbourne into country Victoria in the Last year, when the Environment and Natural Hattah-Nowingi-Sunraysia district, the food bowl of Resources Committee headed over to Europe to work this state. through another report that it was involved in at the time, its members had the opportunity to talk to a lot of I have been vocal on the issue of the Bracks Labor people about the way they were trying to reduce government wanting to dump toxic waste in country landfill. One expert witness in Europe looked us in the Victoria, and I stand on my record of supporting my eye and simply said, ‘These long-term containment communities in rural Victoria. I especially supported facilities for toxic waste dumps just do not work. In the community of Pittong in my electorate when this time they will crack and fail’. If that is the truth from government tried to dump its toxic waste at Pittong and experts in countries around the world that have used the at the other two sites, Baddaginnie and Tiega, in late type of technology the government is talking about — 2003 and early 2004. if under oath they look us in the eye and say that two or three layers of plastic lining will in time crack and I was vocal then and I am vocal now. I have been leak — then the area the government has picked out is supporting the Sunraysia district in its opposition and just far too sensitive to take that risk with. The the Save the Food Bowl Alliance and all the people geologists who will appear before the hearing panel along that route since the government announced that will prove that any contamination of the water table this was the spot. ‘This is the spot,’ government underneath the new dump site will find its way into the members said, ‘Yeah, beauty!’ It was as far away from River Murray system in a very few years. Melbourne as government members could possibly get, as far away from the ministers’ seats as they possibly The independence of the panel that is being put together could get and as far away from any Labor members’ by the Bracks government is seriously in question. The seats. That was the idea all along, I can tell you, having chair, Professor Russell, has held a number of advisory been a member of the ALP for 25 years when I roles for this government, and the community of resigned — thank God — in April of last year. Mildura has no confidence in his ability to be impartial and enter into this negotiation with an open mind. We The government is being bloody-minded and crazy. have a real concern regarding that. I cal on the There is absolutely no science behind government government — and I have done it in nearly every members wanting to put toxic waste into this site. I possible way available to me within the Parliament — have lodged a submission with the planning panel, but I to at least enter into debate about thermal technologies. will place on record that I have little faith in the government-appointed planning panels in this state Is there a better way we can treat these hazardous under this government, because I do not believe they wastes? Is it true that the total of toxic waste we are are independent. Nonetheless I put in my submission currently talking about taking to Hattah can be reduced and I will be speaking to it, and no doubt the to 6 per cent of that total? If so, I am also led to believe government will have its stooges there, noting every that the 6 per cent that we are left with can in fact be word I say. But good on them, I say, because I will not added to things such as fertiliser and, as fly-ash, to go silently! concrete. Mr Smith — But you’re going! So effectively we could have a system that would generate electricity as a renewable resource. We would Ms HADDEN — No, I am not going. I am here to have effectively nil emissions into the air; the dioxins stay. My submission is there. I support the and the emissions into the atmosphere would be less communities. My major concern is, of course, the than natural gas emissions; and we would end up with a environment. My concerns also include the roads and by-product at the end of the whole process that can rail. What Premier Bracks sneaked into the system in effectively be added to fertiliser and to concrete. Why the middle of last year, around June, was, ‘Oh, we are this is not on the debate in this state at the moment has now going to look at rail’. The only rail to this site is certainly got me beat. the Ballarat–Mildura line. And guess where it goes? Right through the heart of Ballarat, under the historic railway station, and north along the Mildura railway HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1249 line where the freight travels and where freight trains There is also the issue of safety in transporting toxic derail at the moment because the government does not waste from Melbourne and Dutson Downs up to the spend any money on it. It requires over $200 million to Hattah-Nowingi site. The Minister for Major Projects upgrade that line to Mildura. There are also massive really has no idea. He is what the Irish call clueless. He structural problems with the line, which carries said on Stateline — we have all seen it — on freight — when trains are not derailing off it. 6 May 2005, in response to questions put to him by the journalist: That line, of course, goes through Creswick, which does not have natural gas, as Minister Theophanous If one of these trucks overturns — seems to think it does. Perhaps the sometime member we are talking about a B-double — for Ballarat East in the other place will get out his roadmap, find Creswick and find the houses that do not you simply scoop it back onto the truck. have natural gas, because that is 40 per cent of them. Have you ever heard of such nonsense? How in the Hon. T. C. Theophanous interjected. heck can you scoop up industrial toxic waste?

Ms HADDEN — The issue is that the government Hon. B. W. Bishop — We’ve got the scoop. is sneaking its way into transporting the waste by rail, but that will not work. The councils along the Calder Ms HADDEN — Yes, we’ve got the scoop. Highway have been united in their opposition to the Mr Bishop has got the scoop, I should say, in his office! transport of toxic industrial waste from Melbourne and The Rann Labor government of South Australia was from Dutson Downs — that will be nearly re-elected just recently, and Mr Rann said, ‘Look, 950 kilometres of travel from Dutson Downs in Victorian government, we will sue you if you damage Gippsland up to the Hattah-Nowingi site along the the Murray River and the environment’. The South major highways of this state — because of the inherent Australian government said: danger. In the event that any waste from the facility threatened South Australia’s industry and water supply, the SA government An honourable member interjected. would have no option but to consider compensation actions against the Victorian government … Ms HADDEN — I am only given 8 minutes to speak because of the interjections. I must thank The I would have thought that would have been enough to Nationals and the Liberal Party for giving up some of slow up Premier Bracks and his cohorts, but it was not. their valuable time to enable me to speak, because the I would have thought the 1745 or so submissions made government does not acknowledge Independent by people and communities absolutely opposed to this members in this place. I have been vocal on the issue of crazy proposal of the government would have been not wanting toxic waste dumped into country Victoria. enough to stop the government, but no, it is spending This is a very serious issue. In addition to having the millions and millions and millions and millions of Calder Highway as the preferred route to dollars of taxpayers money — my taxes, too — on this Hattah-Nowingi, the government is also looking at the project. Here are our taxes at work! It is beating us over Sunraysia Highway and the Midland Highway, which the head with the toxic waste dump proposal. travels from Geelong through Ballarat, Creswick, Daylesford and on to Castlemaine. The community has to put its hand into its pocket to fight the government. This is reprehensible, disgraceful The government is being very sneaky here because it behaviour. It is absolutely typical of the Labor really has not wanted councils along the Western government. It does not care about country Victoria. It Highway between Melton and Ballarat to be too dumps on country Victoria at every opportunity, like involved in all of this. It gagged the Ballarat City the proposal to dump paedophiles and child sex Council last year, but it did not gag Moorabool Shire offenders at Trawalla, Beaufort and Langi Kal Kal. Council. As I said, the government needs to massively They will be travelling down to Ballarat as well, upgrade the rail network from Ballarat to Mildura. The because that is where the corrections office is. They government has broken yet another promise and cannot travel out because they are starved of resources. withdrawn the $93 million, I think it was, that it had This is dumping on country Victoria, which is what promised to standardise the rail lines. That was these city-centric Bracks Labor government ministers withdrawn around 2002. The state of our rail right are really good at. across the state, and especially on this route — the Ballarat–Mildura line — is deplorable. Government members ought to read the material that has been written and submitted to various magazines by HAZARDOUS WASTE: NOWINGI

1250 COUNCIL Wednesday, 5 April 2006 none other than Mr Harry van Moorst. He was on the Calder’. He was referring to Premier Steve Bracks, first hazardous waste consultative committee, which formerly of Ballarat but now of Williamstown. was shelved by the Bracks Labor government in April 2000 once it got its report. Who have we got here? I have been vocal on this issue in this Parliament since Little Mr Howard, the sometime member for Ballarat May 2005 in support of the anti-dumping of toxic waste East in the other place, was also on it for about four in country Victoria. The appropriate minister, the months. He kept that secret, did he not! Guess who Minister for Major Projects, Mr Lenders, has lost the exposed him? Me, the Independent member for Ballarat plot. As I said, I think he is clueless, too. He does not Province. He did not want the community to know that know what his portfolio is. When I ask him questions in he was involved in wanting to dump toxic waste into relation to the toxic waste dump he says it is not his country Victoria. portfolio. He says it is the responsibility of the Minister for Environment in the other place or the minister for What the government has still not done, which is also this or the minister for that, but it is not his. He is not reprehensible, and it should be ashamed of itself, is taking responsibility for what has the potential to be an undertake the recommendation in the hazardous waste absolute calamity and disaster of mammoth consultative committee final report of April 2000 — proportions. that is, the doctored version which was accepted by government — to seek agreement from the National The geologists have said in opposing the government’s Environment Protection Council for the development of proposal that it is a bad place for a toxic waste dump; a national environment protection measure to deal with geologically it is hopeless. They have gone on at great the management of hazardous waste. It has not done length to explain the geology of that area. They said: that. What was also shelved from the draft report was Nothing will allow the solution to flow quicker than the the recommendation of that consultative committee for cracks … because we have open fissures — toxic waste, because of its dangerousness, to be stored only above ground in a long-term containment in the clay — facility — not at a dump — within 60 to 100 kilometres and that will pour down into the sand and from there it’s from the source of the production. The source of the gone. production, of course, is in Melbourne. They also said: Even Mr Richard Pratt, chairman of Visy Industries, called on the Premier in a letter dated 22 October 2004. … toxins or contaminants from the waste dump would flow It states: on into the Murray River and contaminate the Raak Plain, an area in the Murray-Sunset National Park where ground water Dear Steve is known to reach the surface.

I am writing to express my concern about the proposed Those geologists are Tony Mason, Steve Vincent and establishment of a toxic waste facility at Hattah-Nowingi. Ken Wetherby. Those quotes come from a very good story in the Sunraysia Daily of 17 December 2005. I The proposal proposes a significant threat to one of Victoria’s largest, most productive and cleanest food producing areas, have also been involved with the communities and the Sunraysia. shown my support for the Sunraysia district against this crazy Labor government proposal. I conducted a That was not enough to stop Steve in his tracks. The no-toxic-waste-dump rally in Ballarat, which was very former mayor of Mildura, Cr Peter Byrne, who is a life well attended by the community, minus the Ballarat member of the ALP, even pleaded with Steve on City Council, of course — as I said, it was gagged and national TV. He said, ‘Steve, stop the music, please, or told not to be there. I also attended the there will be blood on the Calder’. And there will be no-toxic-waste-dump-on-the-Calder rally last year, blood on the Calder, because if this government thinks along with Mr Drum. I will say this in conclusion — I that country communities are going to lie down and have only about 50 seconds left — let there be no take this, it is wrong because they are not going to. Mallee toxic waste dump: it is socially wrong, it is technologically wrong, and it is hydrogeological The ACTING PRESIDENT (Hon. J. G. craziness. Is it politically right? It is to the Melbourne Hilton) — Order! When Ms Hadden refers to the city-centric Bracks Labor government ministers, of Premier she should use his appropriate title. course. It is fiscally wrong. It is wrong, wrong, wrong Ms HADDEN — Thank you, Acting President, but because it lacks commonsense. I support this motion. It that was a quote from the former mayor — he said on is a terrible shame that the Parliamentary Secretary for national TV, ‘Listen, Steve, there will be blood on the Environment, Ms Carbines — given her HAZARDOUS WASTE: NOWINGI

Wednesday, 5 April 2006 COUNCIL 1251 contribution — is not supporting this motion, because understood that it can go much further. There are clearly this is primarily an environmental issue as well available technologies now. At a recent meeting one of as a social issue. This is the largest food producing area the key industry groups could point out to me some of in Victoria. We need to keep our food bowl clean and the different players in subsets of their industry and say, green. Hattah is important. Hattah does matter. It is too ‘This firm is doing it well and this one is not’. There is big a risk. I say: stop the music and go back to the huge capacity for waste reduction. That may very well drawing board! obviate the need for a new long-term containment facility at Hattah-Nowingi, and that has got to be — — Hon. D. McL. DAVIS (East Yarra) — I am pleased to respond on this issue, and in concluding this debate I Ms Hadden interjected. want to make a number of points about the form of the debate and the choice of government speakers. I find it Hon. D. McL. DAVIS — Ms Hadden is right, it is a extraordinary that neither Ms Darveniza nor toxic dump, and the reality is that, if the government Minister Broad was prepared to stand up in this were clever and if it devoted sufficient resources to the chamber today and defend the government’s decision problem, it could well reduce the amount of waste to a on this toxic waste dump. level where there was no need for this absurd toxic dump 500 kilometres from Melbourne in a precious This motion is very clear; it is a motion that draws zone, a zone nestled between two national parks, a zone attention to five key problems in the government’s where the biodiversity values that relate to both fauna proposal for a toxic waste dump at Hattah-Nowingi, and flora will be threatened. and I will quickly summarise the five key arguments. The first relates to the environmental impact. The Hon. R. G. Mitchell — Where would the member second argument relates to the agricultural and have it? horticultural production in the Sunraysia food bowl. The third key argument relates to the Murray River and Hon. D. McL. DAVIS — Mr Mitchell has not the risk to that important resource, both in the Sunraysia listened to what I have said; it was about reducing the region and downstream in South Australia. The fourth quantity of industrial waste. That is what the South deals with the Calder corridor risk when transporting Australian government said, that is what Mr Drum said, toxic waste, and Ms Lovell and Ms Hadden have put and that is what the government has failed to pick up the arguments about the risk to the Calder corridor and on. the risk to towns, schools and other facilities along the I make the point that there have been some other corridor very strongly. There is no doubt that during members of the government who have been notably Mr Lenders’s infamous appearance when he said that absent from the debate in a constructive way, not so the toxic waste should simply be scooped up after much here today but more generally. Where has having fallen on — — Mr Cameron, the Minister for Agriculture in the other Honourable members interjecting. place, been? What has he done to stand up for his electorate? What has he done to protect the people The ACTING PRESIDENT (Hon. J. G. along the corridor? What has he done to protect the Hilton) — Order! Members will cease having agricultural and horticultural industries that are such a conversations across the chamber. If members wish to significant part of the state’s economy? Ms Petrovich, have a conversation, they may leave. our candidate, caught the minister in the Bendigo Advertiser recently when she made the point that the Hon. D. McL. DAVIS — The minister’s infamous minister should have intervened, that he should have comment that they would simply scoop up toxic waste been prepared to defend the agricultural and is indicative of this government’s attitude to the people horticultural industries. along the Calder corridor and indicative of the government’s attitude to people in the Sunraysia region. There are some other notable absentees from this debate. Where is Ms Darveniza? Where is Ms Broad? The final point in the motion about the toxic waste They are the new Bracks government candidates for the dump is that there are alternatives. The South Northern Victoria Region. They are regional rats. Their Australian government has put the alternatives on the first act as endorsed candidates will be to rat on their record, and they include the reduction of the quantity of region, to leave their region high and dry instead of waste. Mr Drum made some points today about the defending their region. These regional rats are going to need to reduce the quantity. The government has begun vote in favour of a toxic dump at Mildura in their to take some steps in that direction, but it has not fully region. HAZARDOUS WASTE: NOWINGI

1252 COUNCIL Wednesday, 5 April 2006

Hon. T. C. Theophanous — On a point of order, there are so many lawyers flying backwards and Acting President, I know the debate is a lively one and forward, up to the dump site, and up to the hearings in people have strong views on each side, but I believe the Nowingi. I have to say that the costs are extraordinary. comments made by the honourable member in relation to two members who are not in the house at the The minister was not prepared to reveal to this house moment — the Minister for Local Government and the other day the legal costs that have been generated, Ms Darveniza — are out of order and inappropriate, but estimates of $10 million or $12 million are very and I ask the member to withdraw those comments. much in order. Earlier Ms Carbines was saying it will cost $12 million for the whole process. My information The ACTING PRESIDENT (Hon. J. G. is that it will be much more than that. Legal eagles, Hilton) — Order! I caution the member to be temperate silks being flown up there, tens of thousands of dollars in his language when he refers to members of this a day for seniors and juniors: these costs are ticking chamber or other people. over like a cash register gone mad, and it will hurt country Victoria. The government is in effect using Hon. D. McL. DAVIS — Acting President, I will of bullyboy tactics to wear down the community. I urge course be very cautious in the way I refer to members those communities of Mildura and Bendigo, and the of this chamber or indeed any other chamber, but I other towns along the Calder route, to fight, to stand up, make the point that communities in Victoria will hold to understand that if they do not fight this will be a Labor members to account for their decisions. If the disastrous outcome for country Victoria. members are prepared to support this disastrous and dangerous option of a toxic dump in Mildura with I make the point that those councillors at the Mildura waste running through a long sweep of country Rural City Council who are prepared to stand up and Victoria, they will be held to account. fight have understood what is important, and that fight is absolutely critical. The fact is that huge amount of Hon. T. C. Theophanous interjected. agricultural production is at risk. The economies of their towns and the economy of the Sunraysia district Hon. D. McL. DAVIS — It is more than are at risk. If this government pushes forward with its 500 kilometres away, Mr Theophanous, and those toxic plans, as it appears determined to do, the result will be trucks have got to get that distance along the roads, past disastrous. Our exports will be put at risk. schools and past hospitals. Mr Drum and Mr Bishop made points about an earlier accident. These accidents Mr Smith interjected. will occur; there is no doubt that they will occur, and the Labor members to whom I referred earlier and who Hon. D. McL. DAVIS — It is not a lie, Mr Smith. seek to represent the Northern Victoria Region will be You know very well that jobs in industry in Mildura judged harshly by their communities. They are city and in the Sunraysia district are at risk. members who are seeking to represent a country region, and I think that is disgraceful. The PRESIDENT — Order! Through the Chair, Mr Davis! The government has still not understood that it will be legally exposed, and the South Australian government Hon. D. McL. DAVIS — Through the Chair, has made this point very clearly. If necessary, if there is President, it is clear that the unions should be concerned some pollution of the Murray River and crops are put at about this proposal because jobs in the agricultural risk, the South Australian government will be prepared industries in the Sunraysia district will also be at risk. I to launch legal action. Ms Hadden also made this point. propose to write to some of the trade unions in the next There is no question that the risk of litigation is a very few weeks to seek their support in this campaign to stop real one. the government’s — —

Furthermore, and I draw on the comments of Honourable members interjecting. Mr Bishop earlier, there is no question that the government’s legal processes are wearing down Hon. D. McL. DAVIS — I do. Some of the unions country Victoria. It is causing significant angst in areas are not happy. The point I am trying to make is that on because of the huge costs; and this is the government’s a number of levels this proposal is a disaster. I have to plan, its secret agenda. It is trying to wear down country say that the risk to key fauna and flora is too great, with Victorians; to wear down people in Mildura, to make the presence of the Murray-Sunset National Park on them tired, to cause them cost. A bevy of lawyers has one side and the Hattah-Kulkyne National Park on the flown up. It is hard to get seats to Mildura now because other with a small cluster in the middle where the government has chosen — carefully it would seem — QUESTIONS WITHOUT NOTICE

Wednesday, 5 April 2006 COUNCIL 1253 to put its toxic waste dump. It is nestled between two Lenders, Mr Thomson, Ms national parks that are committed to values of McQuilten, Mr Viney, Mr (Teller) Madden, Mr biodiversity, and these critical national parks will be put at risk. I have to say that the Ramsar wetlands in the Motion negatived. Hattah Lakes are also at risk. These are internationally recognised wetlands, signed up near that period when Sitting suspended 1.00 p.m. until 2.03 pm. Ramsar was created in 1971. This is a very important set of sites with international significance. In my view the federal government may well have to override this QUESTIONS WITHOUT NOTICE government on environmental grounds and say that it is not satisfactory. Wind energy: code of practice

However, a more preferable outcome would be for Hon. PHILIP DAVIS (Gippsland) — I direct my Mr Bracks and his Labor members to wake up to question without notice to the Minister for Energy themselves and realise the damage they are doing. The Industries. The Bracks government has continually risk to country Victoria is simply too great, and I urge failed to respect the rights and opinions of local this house to vote as one. I urge the Independents, communities that do not wish to have wind farms Ms Hadden and others, to vote with the Liberal Party imposed in their regions. The federal government has on this. I know The Nationals have a strong position on today stopped the Bald Hills wind farm development this and its members have articulated that. I know through the Environment Protection and Biodiversity Ms Lovell is prepared to lead a campaign in country Conservation Act after reviewing a cumulative impact Victoria. statement and undertaking a two-year wildlife study. Given that the Minister for Energy Industries and two I say to Ms Darveniza, to Minister Broad and to successive planning ministers have been responsible for Ms Carbines, the parliamentary secretary, that they giving the green light to the Bald Hills wind farm should think carefully about this because these are development and still failed to get the process right, important issues; they go to their credibility in the long will the Bracks government now join in developing the run. Members who represent the northern region now national wind farm code of practice? and Labor candidates who seek to represent the region will be held accountable. For that reason I urge the Hon. T. C. THEOPHANOUS (Minister for Energy chamber to support this motion, to oppose the Industries) — This decision by the federal Minister for government’s toxic waste dump, to condemn the the Environment and Heritage is a decision that I can government for its activities and to call upon the only describe as a bizarre decision made by an government and Premier Bracks to reverse their current incompetent federal minister for political purposes and stance. one that sets an appalling precedent.

House divided on motion: I will read from the minister’s own press release which accompanied the report, and we will see what the report Ayes, 18 itself actually says. I have not had the opportunity to see Atkinson, Mr Forwood, Mr (Teller) it yet, but the minister, in quoting from the report, says: Baxter, Mr Hadden, Ms Bishop, Mr Hall, Mr … it may be argued that any avoidable deleterious effect — Brideson, Mr Koch, Mr even the very minor predicted impacts of turbine collisions — Coote, Mrs Lovell, Ms should be prevented. Dalla-Riva, Mr Rich-Phillips, Mr (Teller) Davis, Mr D. McL. Stoney, Mr That is the extent of the recommendation, according to Davis, Mr P. R. Strong, Mr the minister’s own press release. Drum, Mr Vogels, Mr What else does it say? It says: Noes, 23 Argondizzo, Ms Mikakos, Ms While the report found that the impact of wind turbine Broad, Ms Mitchell, Mr collisions on the orange-bellied parrot may be small — Buckingham, Mrs Nguyen, Mr Carbines, Ms Pullen, Mr and listen to this — Darveniza, Ms Romanes, Ms Eren, Mr Scheffer, Mr (Teller) up to — Hilton, Mr Smith, Mr Hirsh, Ms Somyurek, Mr Jennings, Mr Theophanous, Mr QUESTIONS WITHOUT NOTICE

1254 COUNCIL Wednesday, 5 April 2006 not actually, but ‘up to’ — achieve his target of 1000 megawatts of installed wind power capacity by 2006 and will fail to achieve his one … per year. target of 10 per cent renewable energy consumption by That is what the report found. It found that there could 2010, I ask: why will he not sign up to the national be collisions — there might be up to one per annum. wind farm code of practice? That is the basis for the minister’s decision. Hon. T. C. THEOPHANOUS (Minister for Energy The report also found that — — Industries) — Let me just say this: this is a discredited federal minister who wants to stop wind farm Honourable members interjecting. development. He wants to stop renewable energy development in this country. That is his aim. That is Hon. T. C. THEOPHANOUS — Maybe I need to why he got rid of the mandatory renewable energy teach the Leader of the Opposition some maths. If you target (MRET) scheme. Why would anyone sign up to have up to one and you do not achieve one, what does a code of conduct with a minister and a federal that make it? It makes it zero — that is what it makes it! government that do not want renewable energy, do not want an MRET scheme and do not want wind farms? Honourable members interjecting. We are not that stupid. Hon. T. C. THEOPHANOUS — So it could be WorkCover: WorkChoices zero and it could be one, but no-one is prepared to say how many. Furthermore, the report also says in relation Hon. J. G. HILTON (Western Port) — My to the birds themselves that their habitat is mainly question is to the Minister for WorkCover and the within 2 kilometres of the coastline. That is what the TAC. Can the minister advise the house of how the report itself says. Well, I have got news for the Leader commonwealth WorkChoices laws are impacting on of the Opposition: the Bald Hills proposal does not the occupational health and safety system in Victoria? have any turbines within 2 kilometres of the coastline. This is by any standard whatsoever a politically Mr LENDERS (Minister for WorkCover and the motivated action and an absolute disgrace. It shows that TAC) — I thank Mr Hilton for his interest in how the in this country we have a federal environment minister draconian commonwealth WorkChoices laws are who does not give a damn about the environment. affecting Victoria and in particular how the not-thought-through bureaucratic mess of complicated Honourable members interjecting. laws is making it harder — —

The PRESIDENT — Order! That is enough! The An honourable member interjected. Leader of the Opposition has asked a question and might be able to hear the answer, if he stops Mr LENDERS — The laws are making it harder, interjecting. Members on my right should stop not just for small business, as my colleague says, but interjecting as well and allow the minister to continue also for workplaces to remain safe through the his answer. unreasonable impediments they impose on occupational health and safety officers. Hon. T. C. THEOPHANOUS — The federal environment minister does not care about the millions Under the Bracks government’s WorkCover regime of tonnes of pollution that would be prevented by the injuries and premiums have come down. Occupational building of wind farms in this country; he does not care health and safety is an area where Victoria has been about the impact of that. He does not care about the proudly leading the way, but just when we get a system local jobs in South Gippsland, he does not care about in place that is bringing down injuries, bringing down the farmers who will miss out on the income from wind premiums and getting collaboration between workers farms and he does not care about the local council, and their employers, the commonwealth comes which will also miss out on income from the wind trundling down the road with an ideological, farms. This is a politically motivated action. It is a Sydney-centric obsession to make it more difficult to disgrace, and it is absolutely against the interests of the deal with these issues. environment. Let us make no mistake about it: we now have a Supplementary question climate of fear in workplaces that has been brought about by the commonwealth government — a climate Hon. PHILIP DAVIS (Gippsland) — I thank the in which occupational health and safety officers fear minister for his answer, but given that he has failed to raising the issue of safety in workplaces because of the QUESTIONS WITHOUT NOTICE

Wednesday, 5 April 2006 COUNCIL 1255 risk of being dismissed. Members opposite need to to talk to their federal colleagues, have these draconian reflect on what a workplace is. The parliamentary laws scrapped and let the good Victorian occupational Liberal Party has no empathy with workers health and safety system continue in a collaborative whatsoever — in fact, it mocks and taunts them. fashion between workers, their employers and the community generally. Hon. Bill Forwood — That is a lie! Minerals and petroleum: exploration Mr LENDERS — I take up Mr Forwood’s interjection. In the Assembly today his good friend and Hon. PHILIP DAVIS (Gippsland) — I direct my colleague Mr McIntosh, the member for Kew, not once question without notice to the Minister for Resources. but twice described Moe as a place where there are The Fraser Institute, the respected Canadian economic, ‘moccasins on everyone’. That is the type of response social research and educational organisation, has Liberal Party members have to working people, and released its 2004–05 annual survey of mining that is just symbolic of what members of the companies. The survey was developed by seeking the parliamentary Liberal Party think of working people in opinions of 1121 exploration, development and mining this state. consultant companies around the world. Based on the results of this survey the Fraser Institute has issued a I draw the house’s attention to a quote in the policy potential index — that is, a report card for Whitehorse Leader by the shadow minister for governments on how attractive their policies are from WorkCover, Mr Atkinson. He may not have spoken for the point of view of an exploration manager. I ask the 104 days in this place but he was quoted on page 5 of minister: why does Victoria rank lower in this survey the Whitehorse Leader of 16 November last year. When than every other Australian state in the attractiveness of referring to labour hire Mr Atkinson said — and I government policies towards the mining sector? commend him for it: Hon. T. C. THEOPHANOUS (Minister for … people should not be seen as robots and slaves. It’s important that they also have opportunities for breaks and are Resources) — I am pleased to receive questions from not required to carry excess workloads. the shadow minister for energy and resources — — I call on the shadow minister and the entire Hon. Philip Davis interjected. parliamentary Liberal Party in this case to apply some of this rhetoric to the actions of their federal Hon. T. C. THEOPHANOUS — Don’t yell; I am parliamentary colleagues and to see what WorkChoices trying to answer your question! He has at last decided is doing to occupational health and safety in the that there may be some issues of importance to workplaces where people work longer hours in fear and Victorians in this sector and to ask me a few questions, where their rights are being stripped away, because that which I welcome. reflects adversely on our health and safety regime. There will always be varying opinions as to the An honourable member interjected. attractiveness or otherwise of policies or about the investment climate as they are perceived by various Mr LENDERS — I take up my colleague’s players in the marketplace. The best measure is actual comment. There have been three reshuffles of the investment in exploration and in projects. I have said in opposition’s frontbench since Mr Atkinson became this house that investment in exploration in the shadow minister for WorkCover 104 days ago. One of resources sector in Victoria is running at a record high. the people involved in those reshuffles, Mr Phil I referred to the December quarter figures, which show Honeywood, the member for Warrandyte in the other the highest recorded expenditure on exploration in this place, is today in Brisbane looking for work in the state for many years — I think since 1985. We have a education sector while Parliament is sitting. Liberal very high level of recorded expenditure on exploration. Party members are looking after their own employment Not only that, we are running third behind the but have very little interest in ordinary workers and resource-rich states of Western Australia and very little interest in occupational health and safety. Queensland in exploration expenditure. We are in front of South Australia and New South Wales, which given I call upon members opposite to talk to their federal their size ought have much greater levels of expenditure colleagues and ask them to look at what they are doing than us on exploration. with occupational health and safety in workplaces. If they want safer and fairer workplaces, workplaces from Beyond the amount spent on exploration there is one which workers can go home safely at night, they ought other factor — the projects. How many projects are QUESTIONS WITHOUT NOTICE

1256 COUNCIL Wednesday, 5 April 2006 currently under way? I have indicated to the house back many years to his days in the automotive industry. before that we have a record amount of investment in Mr Eren asked what the changes to commonwealth real projects occurring right now in this state. In the last administrative arrangements will do to our WorkCover 12 months we have seen $2.6 billion of investment in and occupational health and safety regimes, which is an this sector in Victoria. Members should look at our issue I have raised in this house before. We need to put performance in this sector and compare it to that of the it into context. Very recently the commonwealth previous government. Members should also look at government dumped on the table 290 pages of jobs as the other part of the equation. When we came to regulations which have an enormous effect on power there were about 4000 jobs in this sector. WorkChoices and other legislation.

Hon. J. M. McQuilten — How many now? An honourable member interjected.

Hon. T. C. THEOPHANOUS — I am glad Mr LENDERS — They never do that. We have not Mr McQuilten has asked. We now have 10 000 jobs in just workers and their representatives trying to this sector. understand and digest this but also small businesses. These are the same people who gave us the GST. They Hon. J. H. Eren — Ten thousand! are now giving us the WorkChoices regulations and all the consequences that go with them. Hon. T. C. THEOPHANOUS — Ten thousand jobs. That is an increase of 6000 jobs since 1999. That As I said in my earlier answer to a question from is a phenomenal performance by anybody’s standard. Mr Hilton about the climate of fear in workplaces We have billions of dollars of investment and an where people are afraid to raise occupational health and increasing number of jobs in regional Victoria. We are safety issues, it goes beyond the changes in very proud of that record. WorkChoices. The administrative arrangements of the commonwealth are having a severe effect on safety in Supplementary question workplaces. I refer to the unilateral decision of the Hon. PHILIP DAVIS (Gippsland) — I thank the federal Minister for Employment and Workplace minister for his answer. Given his boasting, I ask: why Relations, Mr Andrews, to broaden the Comcare did Victoria’s ranking in this annual survey decline by scheme to let large companies abandon the state 10 ranks between 2003–04 and 2004–05? WorkCover regimes and move into that scheme. This is not just about premiums, it is far more substantive: it is Hon. T. C. THEOPHANOUS (Minister for about the occupational health and safety of individual Resources) — I have indicated to the member that I workers. Minister Andrews preaches about welcome his question. I have also indicated to him that harmonisation and about the states and the on the variables in relation to real exploration commonwealth getting together, but on occasion after investment, investment in projects and employment occasion he has been afraid to meet state and territory levels we are doing much better than could be expected. ministers. He cancels meetings and then says, ‘We need I am happy to have a good look at the report the to have harmonisation and work together’. honourable member is quoting from. I get a bit suspicious when somebody selectively quotes from a We are interested in harmonising, provided we have a report like this. I undertake to look very closely at the race to the top to make things better for workers across report and provide the member with a written response the country and remove administrative duplication, but to the questions he has raised with me today. Minister Andrews and the commonwealth want a race to the bottom like the one they have had with the WorkCover: Comcare WorkChoices legislation.

Hon. J. H. EREN (Geelong) — My question is to This safety gap I am talking about is not just rhetoric. If the Minister for WorkCover and the TAC. Can the we compare the Comcare scheme, which is essentially minister advise the house of any recent changes in a white-collar public service scheme that the commonwealth administrative arrangements that will commonwealth is inviting blue-collar industries to join, impact on our occupational health and safety system in we see things such as the Comcare scheme having no Victoria? inspectors; WorkSafe does. How do you enforce the laws if you do not have inspectors? In 2003–04 the Mr LENDERS (Minister for WorkCover and the commonwealth government issued a grand total of TAC) — I thank Mr Eren for his question and for his 17 — that is how many Liberals there are in the ongoing interest in the safety of workers, which goes Legislative Assembly — improvement notices, whereas QUESTIONS WITHOUT NOTICE

Wednesday, 5 April 2006 COUNCIL 1257 the WorkCover authority issued 12 492 improvement particularly clean energy. So we welcome the debate on notices. So we have one regime that is out there to fuels and on ethanol as an option. make workplaces safer by issuing improvement notices and another one which issued 17 in that period of time. As a government we clearly had reservations some years ago when the commonwealth government, under Hon. M. R. Thomson — It’s the same number as Dr Kemp at the time, was obsessed with enforcing what? ethanol levels which did not necessarily suit vehicles. We had warnings from manufacturers that once a Mr LENDERS — The same number as the number of our vehicles had used ethanol above a parliamentary Liberal Party members in the Assembly. certain level their warranties would be voided, and there was a range of other issues. We are very Mr Gavin Jennings — If they all showed up. conscious that we need to get this balance right. There An honourable member — It’s down to 16 at the was a good debate in this chamber about ethanol, and moment. we will be monitoring very closely when we can safely add ethanol to our fuel supply for our vehicles. Mr LENDERS — That’s right, because one of them is in Brisbane looking for a job! I can see what Given that most government vehicles are newer Mr Atkinson means about the train wreck. They are vehicles we probably do not have the warranty issues abandoning it. that I had as Minister for Consumer Affairs some time ago. There was great concern about ethanol coming WorkSafe inspectors gave advice last year on into fuels. The government fleet is on average about 43 719 visits. Comcare in the same time did 245. Here two years old, whereas the fleet in the general we have the Liberal Party and The Nationals — they community is about 9 or 10 years old, so we can be are part of that iniquitous federal government that does probably more adventurous with the government fleet not care about blue-collar workers or injuries in the than we could in the general community. We will workplace — mouthing platitudes about occupational certainly continue to talk to distributors about fuels that health and safety. They are promoting a regime that have ethanol in them being put in place. The debate in does not enforce the law. What I would urge everyone this place showed that at the moment there is a limited on the other side to do is be concerned about the health number of fuel stations that have ethanol involved and safety of workers but also about business costs. where the government fuel card can be used — — Safe workplaces are workplaces that cost less to run. There is a good reason we should cooperate, work Hon. D. K. Drum — Get a different card! together and make our workplaces safer for all Mr LENDERS — I take up Mr Drum’s objection, Victorians. ‘Get a different card!’. One of the balances we need to Biofuel: government vehicles consider where we have a number of choices is value for money in government, and I welcome the debate on Hon. P. R. HALL (Gippsland) — My question is that. also to the Leader of the Government but this time in Hon. D. K. Drum — It’s cheaper, John! It’s his capacity as Minister for Finance. Given one of the cheaper. minister’s many responsibilities is that of overseeing the government’s 8000-strong vehicle fleet, what does Mr LENDERS — Mr Drum says it is cheaper. I he intend to do to implement the wishes of the welcome the debate in this place, because if we get a Legislative Council to have government vehicles use fuel purchase for 8000 vehicles, we will go for value 10 per cent ethanol-blended fuels? for money to save the taxpayers of Victoria money on those contracts that we can then spend on education, Mr LENDERS (Minister for Finance) — I thank health, community safety, investment in infrastructure Mr Hall for his question and his ongoing interest in and in regional Victoria. We will continue to look as fuels. We on this side of the house certainly did not these contracts come up at the level of sustainability we oppose the motion he moved last week, which shows put in place. that despite the rhetoric this place can be quite tripartisan. I guess we all grew up in a period when we I look forward to Mr Hall’s supplementary question, knew fossil fuels were going to end. We know there are which undoubtedly will be designed to enhance the issues about emissions from fossil fuels and that over reputation of the government and not trip me up. We time we need to find alternative sources of energy, look constantly at how we can better move down this path, and we welcome the debate. Once we get over the QUESTIONS WITHOUT NOTICE

1258 COUNCIL Wednesday, 5 April 2006 issues of distribution and the issues about manufactured community, particularly those from culturally and cars and older vehicles, we will warmly embrace any linguistically diverse backgrounds. I will demonstrate move for more environmentally friendly fuels and look our commitment to diversity. Normally I am asked forward to this debate continuing. We are happy to many questions by Ms Darveniza in relation to this have an ongoing dialogue with Mr Hall about how we issue. She has actually put me on my mettle on many can accelerate this. occasions over the years to ensure that home and community care and the other services of the state Supplementary question government are more responsive to the needs of the rich diversity of the cultural heritage of people who have Hon. P. R. HALL (Gippsland) — I welcome the come from many lands to call this place their home. fact that the government is prepared to monitor this project, but my reason for moving the motion last week I can report that there has been some success of the was to progress this matter, and I think there are ways cultural equities gateway strategy that we embarked in which the government can act now, given that there upon some two and a half years ago to try to increase are 56 retail outlets selling 10 per cent ethanol fuel at the access and participation of people from our diverse 4 cents a litre less than the current unleaded price — — communities in terms of their home and community care. Recently I had the good fortune to be in the An honourable member — Can you name them? company of many providers at an event hosted by the Hon. P. R. HALL — There are four in my Municipal Association of Victoria, a major provider of electorate — in Sale, Bairnsdale, Warragul and home and community care, in conjunction with the Drouin — and 52 others around the state of Victoria. I Ethnic Communities Council of Victoria, where we ask the minister: is he prepared to consider issuing fuel celebrated the success of that work. cards for use at United Petroleum outlets? Given that On that occasion I was able to indicate that in the first the government already has fuel cards for Shell and year of reporting in terms of improved access there was Caltex at the request of members, why should members an 8.75 per cent increase in service delivery to people of Parliament not be issued with United Petroleum fuel from our diverse communities across the metropolitan cards so that they can set the example and use ethanol area in particular, because 9 out of 10 seniors from the blended fuels? diverse communities that we are seeking to improve Mr LENDERS (Minister for Finance) — The short access to live in metropolitan Melbourne. answer to Mr Hall is we have agreements in place with I am also pleased to indicate that on the basis of the companies which have tendered in good faith for success of that program, and on the basis of the government fuel contracts, and we intend to honour allocation of the resources, the $6.2 million which was those contracts. Once they have expired and we due to run out on 30 December, I used that opportunity renegotiate new contracts, we will take these issues into to announce an extension of a further $1.2 million to be account. Mr Hall would understand better than the provided to the end of the 2006–07 financial year. The Leader of the Opposition in the Legislative Assembly, good news for the people of Victoria is that there are Mr Doyle, who was prepared to rip up contracts on 43 agencies, most of which are local government Scoresby in one of his earlier manifestations, that we agencies as mainstream providers of home and honour the sanctity of contracts in this place. However, community care — a wide range of service when the contracts need to be renegotiated that will be providers — that will maintain their commitment and one of the items high on our agenda. capacity to improve access to senior members of our Home and community care program: community from those rich diverse backgrounds. multicultural communities Many ethnic-specific agencies will be involved in extending that program, ranging from the Australian Ms ROMANES (Melbourne) — My question is to Greek Welfare Society to the Vietnamese Women’s the Minister for Aged Care, Mr Jennings. Can the Association and Jewish Care The Ethnic Communities minister comment on the work being done to make Council of Victoria plays a major role in terms of Victoria’s home and community care services more providing brokerage and advice to the sector. There is a responsive to people from culturally and linguistically take-up by multicultural resource centres across the diverse communities? metropolitan region to improve our connection with Mr GAVIN JENNINGS (Minister for Aged people from the rich backgrounds that make up the Care) — I thank Ms Romanes for her question and people of Victoria. Increasingly over time there will be concern about the wellbeing of older members of our QUESTIONS WITHOUT NOTICE

Wednesday, 5 April 2006 COUNCIL 1259 an increasing profile of seniors who come from those great difficulty in grasping it — that there would be rich diverse backgrounds. pressure on budget accommodation not only in Melbourne but also in those regional centres. As a measure of this, perhaps people in the community may think there is a proliferation of Italians and Greeks, What the agencies asked the government to do was which is true because they are the largest communities assist them to prepurchase the very same in terms of seniors, but there will be rapid growth in accommodation they use every night of the year to many smaller communities, such as the Macedonian ensure it would continue to be available over the period community which in the next five years will have a of the Commonwealth Games. I am pleased to say that 39 per cent increase in the number of seniors within that after they put that proposition to the government, which community. The Croatian community will experience a we were very happy to listen to because the agencies 25 per cent increase within the next five years alone. have great experience in these matters, the government There are major service implications because of that. I responded in the affirmative and assisted them to go out was very pleased that we provided the sector with and prepurchase that accommodation. That meant that advice from an analysis undertaken by Anna Howe that during the period of the Commonwealth Games the showed a clear demographic trend for the community agencies did not have to pay a premium for the in recognising the growth in seniors from culturally and accommodation they purchase at every other time. linguistically diverse backgrounds within Victoria over the next 15 years. It will be extremely useful support for Hopefully today this might finally get through to the home and community care effort. opposition members, particularly to the shadow Minister for Housing, that it was a successful action Housing: homelessness that was undertaken, one that was welcomed by the sector and one which ensured that accommodation was Hon. ANDREA COOTE (Monash) — My available wherever it was needed by the people who question is to the Minister for Housing, Ms Broad. Prior needed it. to the Commonwealth Games the minister blatantly housed Melbourne’s homeless people in motels Supplementary question throughout Victoria. This was a heartless attempt to hide Victoria’s homeless people from public vision Hon. ANDREA COOTE (Monash) — I thank the during the high profile Commonwealth Games. How minister for her answer, but I ask: have these people we many homeless Victorians were relocated during the are talking about been relocated to public housing now Commonwealth Games festivities? that the games are over, or has the minister just sent them back onto the streets? Ms BROAD (Minister for Housing) — It is disappointing that opposition members are intent on Ms BROAD (Minister for Housing) — I suppose continuing with what they know very well to be a we should at least acknowledge that today opposition complete fraud. To the best of my knowledge no members are asking about homeless people and how homeless person was relocated during the they were affected by the Commonwealth Games and Commonwealth Games. What was done by the not about the Flower Drum restaurant. I was very clear government prior to the Commonwealth Games was in my response that, to the best of my knowledge, that a commonsense set of actions were undertaken in no-one was relocated during the Commonwealth response to requests from the very agencies that Games, and every effort was made by the government provide accommodation and assistance to homeless and by the agencies that we should all support and people in Melbourne and our regional towns and cities thank these agencies — and certainly this government every day and every night of the year. does — that do such a terrific job in assisting people right across the state who need our support and The simple request the agencies made was in assistance. anticipation of an influx of visitors to Melbourne and to our regional centres that were hosting Commonwealth Information and communications technology: Games activities. I am pleased to say we did have such purchasing strategy an influx of visitors, not only visitors who were staying in 5-star hotels but also visitors on a budget who were Ms CARBINES (Geelong) — I refer my question looking to maximise their budget on attending to the Minister for Information and Communication Commonwealth Games events and minimising their Technology. The minister has previously informed the budget on accommodation. That is a commonsense house of the government’s success in lowering thing to expect, although the opposition seems to have telecommunications costs to government by QUESTIONS WITHOUT NOTICE

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$200 million over five years through aggregated it will be the same for rural schools as it is for city purchasing. Can the minister advise the house of any schools. This is another example of the Bracks other example in which the government has benefited government closing the city-country divide. These from aggregated purchasing of information and requirements will see local small businesses undertake communications technology products or services? much of this work. No matter which way you look at it, this is the Bracks government delivering yet another Hon. M. R. THOMSON (Minister for Information world-class performance. and Communication Technology) — I thank the member for her question. She is right — the Bracks Greater Geelong: inquiry government’s aggregated purchasing approach is working and working well in lowering Hon. J. A. VOGELS (Western) — I direct my telecommunications costs to government by about question without notice to Ms Broad, the Minister for $200 million over the next five years. It has also Local Government. It is my understanding that the resulted in around $200 million that has been or will be inquiry into campaign donations involving some invested in telecommunications infrastructure in Greater Geelong City Council candidates, some of Victoria over the next couple of years. It is a win-win whom were successfully elected to council, fuelling for Victoria and a win for Victorian taxpayers. further allegations of undeclared conflicts of interest, has been completed by the inspector of municipal Aggregated purchasing of information and administration, Merv Whelan. I ask: will this report, in communications technology products or services can its entirety, undoctored, be tabled in this Parliament? yield great results when it is done strategically and when dealing with commodity products. I recently Ms BROAD (Minister for Local Government) — announced the new aggregated whole-of-government Finally I welcome a question from the opposition about panel for personal computers and notebook computers. the Greater Geelong City Council. It is very interesting This new whole-of-government panel, which replaces that it has been so long in coming. nine separate agreements across government, has achieved price levels that will save the government — Honourable members interjecting. and I know the Minister for Finance wants to hear Ms BROAD — They are very sensitive. Finally the this — up to $20 million over the next five years. I am question has come, and let me respond in this way. pleased to be able to say that there are two Australian Firstly, this government believes in openness, companies on the panel, Ipex and Optima, along with transparency and accountability on the part of elected multinationals Acer, Hewlett-Packard, Toshiba and councillors, just as we expect of members of this Dell. Parliament. That is why this government has legislated However, there is more than just savings. I know to strengthen those measures under the Local Ms Carbines will be interested to hear that this process Government Act considerably beyond the provisions has enabled the government to address some of the that were in place under the previous Liberal-National broader strategic issues such as environmentally government. That is the approach this government friendly disposal of computers, which is a really big takes. issue. This is a first for any Australian government — In relation to the particular investigation the member to have negotiated a product stewardship clause which was referring to — the municipal inspector I have means for a small price at the very start of the contract appointed to investigate certain matters at Geelong — I departments can get the suppliers to retrieve the am not aware that I have received a report from the computers and ensure they are disposed of inspector. However, when I do receive a report from the appropriately when their lives come to an end. That inspector I will follow the same procedure I have in also applies if the computer is passed on. Government every other instance where this has occurred. I will seek computers are often passed onto community groups and advice from my department as to the actions that might charities but this service still holds for that computer no be recommended in such a report, which range from matter where it is at the end of its life. With a telephone legal processes that might require the report to be call that computer will be picked up and disposed of in tendered as part of legal proceedings to processes that an environmentally friendly way. might require the tabling in Parliament of the report in But there is still more — I have not finished. The new order to ensure that the inspector is protected. contracts also ensure that next-day service for The report might require a whole range of actions computers is guaranteed in regional areas and at the which I am not in a position to predict because I have same price as applies in metropolitan areas. That means QUESTIONS ON NOTICE

Wednesday, 5 April 2006 COUNCIL 1261 not received the report. When I do receive the report I For the purpose of information I remind the house that will seek advice about how that report should be the areas covered by a network tariff rebate constitute processed. Having received that advice I will take all of most of regional Victoria, where, when we came into the necessary actions to ensure that councils and elected government, we were faced with the difficulty that its councillors are held accountable for compliance with residents were going to have to pay more for electricity the Local Government Act in line with the measures than their counterparts in metropolitan Melbourne. We that this government — not the former Liberal-National decided at that time to institute schemes which have government — has put in place and which we expect now cost the taxpayer $319 million and which subsidise will be complied with. regional Victorians to ensure they have fair and equitable access to electricity. Supplementary question The rebate is available to people in regional Victoria, as Hon. J. A. VOGELS (Western) — I would like to well as a program to assist households with access to thank the Minister for Local Government for her natural gas to switch to natural gas heating and non-answer. The citizens of the city of Greater Geelong households without access to natural gas to switch to fully expect that the findings of this report on these LPG heating. The rebate is available on the purchase of matters of public importance will be tabled in this selected gas space heaters that have either a 4 or 5-star house. The minister has not answered that question. Is rating and gas ducted heating systems that have a 5-star the minister prepared to confirm that this report will be rating for energy efficiency. It is also available for LPG tabled in this house uncensored and undoctored, and space heaters, although they must be flued. that those found guilty will be dealt with in the same way as the Glen Eira councillors were? This is fantastic news for provincial Victorians. It means they are able to access up to $1000 of subsidy Ms BROAD (Minister for Local Government) — In towards the cost of a high-efficiency gas heater and response, no inspector’s report is ever doctored. That $700 to convert from wood or day-rate electric water might have happened under the previous government, heaters to gas hot water heaters. This initiative is about but it certainly will not happen under this government. trying to help regional Victorians access high-efficiency The inspector’s report will be the inspector’s report and gas appliances, save themselves money and contribute there will be no interference from this government or to the environment. this minister with its contents. When I receive it, I will deal with it in exactly the way I have outlined to the I am pleased to say that to date this scheme has assisted house. 2000 regional Victorians to put high-efficiency gas heaters into their homes in place of wood or Gas: rebate scheme low-efficiency electric heaters that are more damaging to the environment. It is a fantastic scheme. It is another Hon. C. D. HIRSH (Silvan) — I want to direct a of the commitments this government has made to question without notice to the Minister for Energy regional Victoria over a considerable period of time I Industries. Can the minister advise the house of any am very proud to be associated with programs that have recent announcements in relation to the high-efficiency delivered to regional Victorians the capacity to enjoy gas heater rebate scheme and how this might benefit the same benefits in energy consumption, hot water and Victorian families? heating in their homes as we are able to enjoy in metropolitan Melbourne. Hon. T. C. THEOPHANOUS (Minister for Energy Industries) — I thank the member for this question. I am pleased to report to the house that more Victorians QUESTIONS ON NOTICE can look forward to a warmer and cheaper winter thanks to the extension I have announced of the Bracks Answers government scheme to 31 August 2006. Mr LENDERS (Minister for Finance) — I have The high-efficiency gas heater rebate scheme is an answers to the following questions on notice: 5417, important scheme. It is a scheme we introduced two 6475, 6876. years ago to help ease the financial burden on provincial and outer metropolitan Victorians who are able to access natural gas or are on liquefied petroleum gas (LPG). It is available to households in areas which receive the network tariff rebate. PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

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PUBLIC SECTOR EMPLOYMENT ought to be an opportunity to choose in whatever (AWARD ENTITLEMENTS) BILL people do. There should be a choice. If you go to the supermarket and select a range of products there ought Second reading not to be government interference suggesting that you can only buy certain products. Debate resumed from 4 April; motion of Mr GAVIN JENNINGS (Minister for Aged Care). The piece of legislation before the house removes the public sector from the opportunities that are provided. Hon. RICHARD DALLA-RIVA (East Yarra) — I This means essentially that people who wish to develop rise on behalf of the state Liberal Party to make my their organisations, improve their productivity and give contribution on the Public Sector Employment (Award staff a range of variations to their working conditions Entitlements) Bill. Before I state the Liberal Party’s are prevented from doing so. We might have people in position on the bill, let me put some facts before the the public sector who for whatever reason believe they house. Fact no. 1: there are more people who are should be given the choice under the commonwealth’s self-employed than there are union members in this WorkChoices legislation to do certain things that would country. Fact no. 2: people want choice in life. People meet their particular needs. This legislation puts want work choices in employment. This bill is everyone into a collective framework. This is typical of essentially a sham to prevent the commonwealth the union movement, of unionism as against WorkChoices law and regulations, which came into individualism. This is typical of what this government operation late last month, from applying to Victorian is about. public sector workers. We see this as a political stunt. We see that the legislation is designed to do no more Mr Viney interjected. than continue the control of the union movement in this state. The Liberal Party opposes this bill and believes it Hon. RICHARD DALLA-RIVA — We have here is a draconian backward step away from appropriate the chief unionist of the government walking into the mechanisms to establish productivity and efficiency chamber — Mr Viney. Without question, I can improvements in workplaces. guarantee you that whenever there is a bill before the house that is about protecting unions Mr Viney will be Let me pre-empt the contributions of the Labor one of the speakers. Is Mr Viney going to be a speaker? members on the other side of the house. Before they I bet you he is. I can guarantee you he will be a speaker, start to run about like Chicken Little saying the sky is because this legislation is not about giving falling, let us go back to certain issues that were raised opportunities to the public sector but about holding the in the federal sphere about which the state had some public sector back as the rest of Australia moves concerns. Do members remember the Labor policy forward. statement saying, ‘We will roll back the GST’? That was from Labor’s perennial federal Leader of the Yes, we will hear talk from the other side, from Labor, Opposition. What did he end up doing? He rolled back about a couple of businesses. Let me put it to the house the rollback. This is a double backflip from a federal again: fact — there are more people self-employed in Labor member on a policy that was designed to benefit Australia than there are in the factionalised union Australia. Its purpose was very similar to the purpose of movement. That is the raw fact. You need to look at the WorkChoices law and regulations — that is, where we are going in this country, but you only need improving opportunities and productivity for Australian to look at the recent preselection rounds in the Labor businesses. Party and work out how many on that side were stripped of their positions and how many were put into This Public Sector Employment (Award Entitlements) positions because they were beholden to the union Bill puts in place the requirement that all public sector movement to see what this bill is about. employees are to be dumbed down, as it were, to remain on a set framework of awards. This bill allows Hon. Andrew Brideson — What happened to no work choice for public sector employees in this Sang? state. It does not allow for hardworking people in the public sector to determine their own requirements and Hon. RICHARD DALLA-RIVA — What suitability. It essentially removes the option of choice. happened to Sang is that he was gone. He fell off the While those in the public sector may see this as an perch, as many others did. It was not about rewarding important part of their protection, I say having a choice those who worked hard; it was about rewarding those in is important for the individual. This is the philosophical the union movement. That is what this bill is about. divide between Labor and Liberal — we believe there This bill is about maintaining the union stronghold in PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

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Victoria. The union movement has no interest other hundreds of thousands or millions of dollars on a High than protecting itself. This is not about the interests of Court challenge, which indeed might end up bringing the employees in the public sector. further problems to this state.

That raises other interesting points. When the This is about the government doing the bidding of the government introduces legislation like this and we talk Community and Public Sector Union (CPSU). They about the public sector, we need to consider whether have just been through an enterprise bargaining the legislation will apply to the hospitals. There are agreement exercise, and notwithstanding that there is hospitals that work on a private-public arrangement. Do still another 19 months to go, the government has those legislative framework requirements apply to brought in this legislation. Members of the government them? Prisons are in my shadow portfolio area. You have brought it in because they are worried. They have have some prisons that are operating within the public brought it in now because they know that it is possible sector and some that are operating under a private that they will not have control of the upper house. That sector arrangement. So what happens? Do you have is what it is about. They are bringing in the legislation some prisons operating under the draconian old system now because they want to cement their position by the government wants to put in place and other prisons saying, ‘Look at us, we have rewarded the CPSU. We operating under the WorkChoices legislation and have rewarded the union movement’. This just brings in regulations? a range of flaws.

Why did the federal government bring that legislation As I said before, this legislation cannot apply to all in? The Labor government in this state wanted to have public sector employees. What about those who are in the 6 separate industrial relations systems, the statutory corporations? While people may think 150 industrial relations laws and the over 4000 awards hospitals are public sector environments, they could be running over some 500 pages. The federal coalition has construed as statutory corporations. The problem we brought this into the one unit that accommodates have with the High Court challenge is where that will greater demand for fairness, choice and flexibility in lead in the longer term. workplaces by enabling men and women to make their own decisions and trusting them to do so. That is what The other point to note is that bringing in this piece of it is about — trusting men and women to make their legislation will not mean less red tape, less bureaucracy own decisions. or less complexity. What this government is again doing is bringing in more red tape, more complexity Everyone who runs a business will tell you that if you and more bureaucracy to try to deal with it. There will have got staff who are working and you are delivering be less freedom for public sector employees, both old results that are fantastic for the company and for the and new, to enter into workplace agreements which staff themselves, you do not want to be removing them. better suit their needs. Again it is about the individual That just does not make sense. What does make sense, having the choice to work in an environment that meets though, is that you want to be able to be in a position to their needs. Yes, the unions will pick up one or two operate and to provide choice for those employees who stories in relation to what is happening, and the are part of the work environment team. These public members on the other side will get a bit hysterical about sector employment awards unfortunately lessen the that. Like with the GST, they will get hysterical about capacity of the employer, being the state government, it, but the reality is that this government is benefiting to make those opportunities available. from the GST windfall it is now receiving. As a matter of interest, you do not hear members of this It is interesting to see from the way the legislation has government saying that they will roll back the GST, been set up that it establishes designated preserved although their federal leader did. What the legislation awards — the very things the federal government has before us is about is fearmongering so they can say, removed. The federal government has removed ‘We are going to protect you’. Here we have a bill something like 4000 separate awards, but this before the house that is designed to protect the union governments wants to bring the awards back. It is like movement. the rollback of the GST. They said, ‘We oppose the GST. We are going to roll back the GST’, and then they The interesting point is that the Premier and the rolled back the rollback. This is typical union-Labor Minister for Industrial Relations in the other place seem stuff. They cannot get it right. It is their policy on the to want to have it both ways. They travel around the run. This will be an act of Parliament on the run. They countryside talking about the unified national system, have got no idea what they are getting themselves into. yet what we have here is exactly the opposite. The They are about to spend tens of thousands, if not reality is that this is a bill that works against the federal PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1264 COUNCIL Wednesday, 5 April 2006 government’s WorkChoices law. WorkChoices is really wants to keep the previous system. It wants to keep it about stepping us forward into the 21st and 22nd going the way it has been year after year. It was happy centuries. The fact is that we are, without doubt, in a to have six separate industrial relations systems, period of prosperity, thanks to the federal coalition. The 150 industrial relations laws and over 4000 awards federal coalition did not get there by sitting on its hands running to more than 500 pages. We now have one and waiting. It did not sit there like this Bracks piece of legislation of more than 400 pages that is clear government, which just meanders along and runs on a and concise and gives real choice to employees and line of glossy handouts, brochures and spin. The federal employers — and the unions, believe it or not. government is a realistic government that worries about the future. If you stand still in government, you go I reiterate my point that there are actually more backwards. We have seen this time and again in the self-employed people in Australia than there are manufacturing industry and in the government’s factionalised union hacks. That is the harsh fact. What incapacity to deliver results. the government is doing with the legislation before the house is allowing its union mates to have control over This government is delivering Victoria into the old days the public sector. That is the real agenda of this piece of of the Guilty Party. We are trying to ensure at a federal legislation. This is not about ensuring the delivery of a level that this country has something that will lead us fair system. The bill talks about a fairness test, but into the future. It is a country of only 20 million people, really the only fairness test is for the union movement. yet we are in one of the fastest growing regions, The only fairness test is to ensure there are enough Australasia, with India and China really moving ahead. paid-up union hacks for the next ALP branch meeting. Our growth in productivity underpins improvements in living standards. That is what it is about, but Hon. M. R. Thomson — This is about real people! productivity can only occur when you offer support and flexibility. What this government wants to do with this Hon. RICHARD DALLA-RIVA — The minister legislation is stymie productivity. It wants to dumb it talks about people. If this were about people the down and put everyone on the same level playing field. government would be allowing people to have freedom That is not how you should work in this environment. of choice, but it will not allow them to have choice. Yes, it works for the union movement. Yes, it works for That is the difference between Liberal and Labor: the factional gains. Yes, the government is able to say to Liberal Party embraces individualism and choice and the union movement, ‘Look at the legislation we have the government wants to bring back collectivism and brought in; look at the fairness test; look at the unionism — almost socialism, and some would say preservation of award conditions’. The federal communism. The government wants to bring back a government has just removed 4000 awards, but this regime of communism, and that is what this is about. state government wants to preserve them in Victoria. It Government members are a bunch of communists deep wants to preserve them under part 2 of this bill. It is at heart, and that is what this is about. They hate absolutely amazing! freedom of choice, they hate productivity, they hate efficiency and they hate success. It is amazing when I feel sorry for the people in the public sector who wish government members wake up every day and look in to be able to make their own decisions so they can the mirror that they do not hate themselves, because the move forward in a constructive and positive way. This reality is that this piece of legislation will do nothing to legislation does nothing more than set up a sham. It has assist the public sector or the people in the Victorian no real effect in the true sense. It is self-indulgent and public sector who want to improve their productivity. self-righteous. I feel sorry for those people who have joined the public Hon. E. G. Stoney — President, I direct your sector and who say, ‘I would not mind engaging in the attention to the state of the house. WorkChoices’ — and for those members who have been sleeping and who have decided to come into the Quorum formed. chamber, I have pre-empted what they will say about the Cowra abattoir. We understand about that case, but Hon. RICHARD DALLA-RIVA — As I said, this it is one place out of the tens of thousands of businesses piece of legislation is really designed to work against operating in Australia. the great work of the federal government in its WorkChoices law, which has been designed and is in Hon. R. G. Mitchell interjected. operation to deliver a better future for Australia. Australia cannot afford to stand still with its current industrial relations laws. The mob on the other side PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

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Hon. RICHARD DALLA-RIVA — For those who Hon. W. R. BAXTER — Because what this bill have wax in their ears, like the member clearly does does could be achieved by an executive decision of have, the reality is — — government, by a policy direction to the government’s instrumentalities, whether they be departments or Honourable members interjecting. statutory authorities. Therefore it would seem to us to be somewhat superfluous and counterproductive to be Hon. RICHARD DALLA-RIVA — I will give you opposing a piece of legislation, however unnecessary it one — I will give you this policy — — is, when the government could achieve the same Honourable members interjecting. outcome simply by executive fiat.

Hon. RICHARD DALLA-RIVA — I suggest that It seems to me that opposing the legislation, if we were those on the other side be patient. They might remember to do that, would simply give the likes of Mr Mitchell this statement: ‘We will roll back the GST’. Do the the opportunity, quite dishonestly, to belt The Nationals members opposite remember that? It is the same over the head and say that somehow or the other we are scaremongering campaign that they are running now. anti-worker, which of course we are not. I think the The perennial federal opposition leader said, ‘We will history of my party clearly demonstrates that we are not roll back GST’, but what happened? He rolled back the anti-worker, that over a long period of years — as I rollback! The federal opposition leader could not accept indicated this morning, we are approaching our it, and that is what is happening with WorkChoices here. 90th conference in Bendigo later this week — we have The government is creating a scaremongering — — a history of supporting employees, particularly those who are engaged in rural and regional areas. We are Honourable members interjecting. proud of that fact.

Hon. RICHARD DALLA-RIVA — The Labor We are also proud of the fact that we were part of a Party needs more members for the union movement government in this state which set the scene for because it has not got enough. It is wheeling them in achieving — it is not quite there yet, but it nearly is — now. Some people are rolling them in in Taragos and a unitary industrial relations system in this nation. the like. Some people are going to go. Goodbye, Surely it makes no sense whatsoever in a nation of six Mr Pullen. The fact of the matter is that this piece of states and a couple of territories, as we are, in this day legislation is a sham. and age of fast transport and modern communications, including electronic communications and the like, and a A motion was moved this morning on the very serious work force that is much more mobile than it was in the issue of a toxic waste dump and hardly any Labor past, as it should be, to persist with the absurd members got up to speak. There was plenty of time for circumstance of having five or six different industrial that debate because Labor did not have enough relations systems. That simply cannot be sustained. It is speakers, but when it comes to this piece of legislation, totally counterproductive, and I am pleased to have this flimsy bit of nothing, we are going to have four been part of a government that led the way by ceding government members speaking. It seems the this state’s industrial relations powers to the government’s priorities are more about looking after its commonwealth. own interest — — I have seen the WorkChoices legislation arise out of Hon. David Koch — Its own mates! that. Over time I think it will be hailed as a reform of equal gravity, merit, benefit and advantage to this Hon. RICHARD DALLA-RIVA — Looking after country — to workers, to employers and to the people its own mates — thank you, Mr Koch — than it is at large — as some of the reforms introduced by the about supporting true productivity, true options and true Hawke government. I give full marks to the Hawke work choices for Victorian workers. government, and particularly the then Prime Minister, coming from his background in the union movement, Hon. W. R. BAXTER (North Eastern) — This bill for recognising and acknowledging that we could not frankly is a sham, and it is simply the government go on in the way we were. The reforms that were grandstanding. I suppose the house would think that on introduced in the 1980s set the scene for the prosperity that basis I and The Nationals will be opposing it. We we are all enjoying now. We have been well managed are not — — of course by the current federal government, but Hon. R. G. Mitchell — Because The Nationals nevertheless our success can in some measure be flip-flop. attributed to the reforms set in train by Mr Hawke and his government. PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

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Similarly, we are going to see coming out of the Hon. W. R. BAXTER — Mr Viney, you know how WorkChoices legislation when it settles down over time difficult it has been because you know that anyone who a great leap forward and a great benefit for employees. was put off on the basis of incompetency was orchestrated by the unions to mount an unfair dismissal Mr Viney interjected. claim and great cost was occasioned to the particular employer, so it got to a situation where employers Hon. W. R. BAXTER — Yes, Mr Viney, and I found it cheaper to keep a non-performer on rather than think the great leap forward here will be much more to run the gauntlet of an unfair dismissal claim. We saw successful than Mao Zedong’s Great Leap Forward, instance after instance of that happening. because what it does here is enable both sides — employers and employees — to make arrangements Hon. R. G. Mitchell interjected. that suit their individual circumstances, unlike the Chinese example which was centrally planned and, like Hon. W. R. BAXTER — Absolutely, Mr Mitchell, all things that are centrally planned, turned out to be an and I will stand by to the most microscopic examination utter disaster. I think what the federal government has on any occasion of anyone that I have employed. I have set in place is going to prove to be very beneficial over had one or two who turned out to be not as competent time to many citizens of this nation. or not as conscientious as I would have hoped. That was unfortunate, but those issues were resolved We have seen the union movement, aided and abetted amicably. As a small employer I perhaps had greater by some of the puppets it pulls the strings for here in scope under the law to do it than a larger employer who Spring Street, allege that the sky is going to fall in, that was more exposed to union interference. I say quite employers are going to somehow turn into demons and comfortably that the great bulk of employers — that workers are going to be ground down. unfortunately I cannot claim 100 per cent, and I acknowledge that — are very keen to make sure that Hon. R. G. Mitchell — And you do not think that they have a satisfied and productive work force, will happen? because they know that the costs of an uncooperative Hon. W. R. BAXTER — Of course it will not work force are very great indeed. I believe the happen, Mr Mitchell, because we are short of labour in commonwealth law will come down very heavily on this country. Labour is difficult to get, labour is any employers who are shown to be doing the wrong expensive to engage, labour is expensive to train and thing. Time will tell, but I am quite confident about labour is expensive to replace if you get rid of it. So that. why would any employer capriciously dispense with What do we have in this legislation? We have this workers if they needed to be replaced at great cost, government taking the decision that it will continue to which is the reality? Of course they would not do it. maintain all the emoluments and benefits that its On the other hand there have been instances where employees are currently enjoying. I have no objections people have been engaged in good faith by employers to that, none whatsoever. It is open to the government and it has turned out to be totally unsatisfactory for one to do that, and frankly I would be surprised if it did reason or another. In some cases they are simply anything other than maintain the current level of incompetent; in other cases they are slackers, and there employment conditions of its work force. I would be has been a difficulty in having them go. The new very surprised if it endeavoured to cut them back. As I commonwealth legislation fortunately alleviates that say, it can do that simply by executive decision. There situation. I know of one company where three or four is no need for this piece of legislation at all. people have now been given their marching orders Mr Viney interjected. under the new legislation, and the rest of the work force, frankly, cheered because they were pleased to see Hon. W. R. BAXTER — I tell you, Mr Viney, the these spongers being got out of the way. They felt that minute we get back in we will be abolishing this their employment was being put at risk and that the legislation because it is going to be overly restrictive spongers were affecting the ability of that business to and will create a bureaucratic nightmare because of survive. That is one of the great benefits of the new what it requires. For example, not only is the statutory legislation, that it will enable security for the great bulk authority of the government of Victoria now going to of the work force to be further underlined. have on its bookshelf the up-to-date and current Workplace Relations Act of the commonwealth, it is Mr Viney interjected. going to have to have on its bookshelf the repealed act, because this piece of legislation requires it to have the PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

Wednesday, 5 April 2006 COUNCIL 1267 repealed act on its bookshelf. This legislation requires If members of the government want an example of how all the bureaucratic red tape that is in the repealed interfering in the labour market leads to perverse and Workplace Relations Act to be abided by by Victorian odd results, have a look at what is happening in France government instrumentalities. If that is not a recipe for at this very moment. The French government has at red tape, bureaucracy, stuff-ups and the like, I do not long last decided that its overregulated labour market know what is. cannot be sustained any longer, and that is generating a fair bit of anguish and riotous behaviour by some of the We are also going to have the Victorian workplace rabblerousers over there. Why can the rabblerousers not rights advocate (WRA), who, we were told by the see that youth unemployment in France is running at garrulous Minister for Industrial Relations in this state the rate of 25 per cent? Why is it running at 25 per when the legislation was passed last year, would have a cent? It is because the system is so prescriptive. An very small office indeed. When I inquired at the attempt by the government of France to lessen that briefing what the staffing complement was going to be I prescription is leading to this sort of riotous behaviour was assured that it would be very few, that it was a on the streets which is totally counterproductive. The small office, that there would not be many staff and that evidence is there for all to see that if you are its duties were fairly well circumscribed. What do we overprescriptive, you have high unemployment, and find in this legislation? A whole heap of new that is exactly what France has got with its young responsibilities are being given to the WRA, a whole people unemployed at the rate of 25 per cent. heap of new powers are to be given to that office, and it will grow monstrously. There is no doubt about that. In my view this bill was designed by the government in We will have in Industrial Relations Victoria a whole an attempt to embarrass the opposition and The new bevy of public servants second-guessing all the Nationals. We are not embarrassed by it at all; we time, checking on what Victorian statutory authority simply think the government is engaging in employers are doing and what departments are doing. It grandstanding. We think it is doing something that is is just going to become a bureaucratic nightmare. entirely unnecessary and uncalled for, but that is its decision and it will pay the price for it in due course. I say this is totally unnecessary, and that is why when we return to office we will be abolishing this Mr VINEY (Chelsea) — First of all, I am proud to legislation, simply to give Victorian instrumentalities stand here today in support of the Public Sector the freedom to act responsibly. We will, of course, as a Employment (Award Entitlements) Bill. I am proud to government give them a direction as to the level of do that because it is a bill that is fundamentally benefits and so on, but we are not going to hogtie them important in protecting at least public sector employees into having to have regard to and resort to acts of the in Victoria from the absolutely appalling onslaught that commonwealth and awards of the commonwealth that is about to take place. In fact it is currently taking place: have been repealed and gone out of existence we are already seeing it in the current WorkChoices everywhere else in Australia except in this Luddite state legislation. of Victoria. We are simply not going to allow for that, and I am quite happy to say that we will abolish the act I must say at the outset that bill is not designed to when we come into government. embarrass members of the opposition. They are perfectly capable of doing that without any help from But in the meantime we are not going to oppose the us. This bill is about good public policy, and this government’s legislation now, on the basis that it can government stands on its record in relation to public do this by executive action in any event. We think it is policy. I take it, because members of the Liberal Party unnecessary, we think it is unreasonable, we think it is are opposing this legislation, that like The Nationals going to be costly and we do not think it is going to they would say that if they came back into government help workers in any particular regard at all. It is going they would abolish this bill. Every public sector to mean they are locked into an archaic system which employee in Victoria needs to remember that, because has largely been repealed everywhere else in the nation. that means they want to go back to what Kennett did — I am quite sure that they are going to feel somehow or that is what that means. Every single public sector other that they are being held back by the fact that their employee needs to be aware of that. employer, the government of Victoria, is behaving in such a fashion and is not moving with the times. But Hon. Bill Forwood — On a point of order, Acting the government can do it; therefore we say, ‘Why President, Mr Viney knows that the forms of this house oppose a piece of legislation when the government can prevent him from referring to previous premiers in that do it anyway’. way. I ask that in his contribution he be respectful of others who have gone before. He must either refer to PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1268 COUNCIL Wednesday, 5 April 2006 him as Mr Kennett or Premier Kennett. He cannot refer scenes, but all the people involved in designing this to him as — — legislation, all the legal brains, have said workers can be sacked if there are operational reasons. Under the Hon. M. R. Thomson — He referred to the Kennett new WorkChoices laws the fundamental reason does government. not have to be operational so long as one of the reasons is operational. Hon. Bill Forwood — No, he didn’t. He cannot do that, and I ask the Acting President to instruct him to We are seeing a fundamental shift in the way this behave appropriately in this chamber. country’s workplace relations have been conducted since Federation. This shift takes us from a system The ACTING PRESIDENT (Hon. H. E. where wages and conditions were set in regard not only Buckingham) — Order! There is no point of order, but to a narrow economic view but also to an understanding I ask the honourable member to refer to the previous of broad social policy — of the kind of community and Premier by his name. place we wanted in this country. There was a Mr VINEY — I refer to what the previous Premier, recognition that industrial relations are part of the social Jeff Kennett, did to Victorian public sector employees. policy, not just the economic policy, of this country. The use of the corporations power to bring in the This legislation is simply designed to do two things. WorkChoices legislation clearly narrows the whole Firstly, it is designed to ensure that Victorian public concept of industrial relations to a purely economic sector employees can be protected by the award issue. conditions they were employed under that existed prior to the introduction of the WorkChoices legislation. The most fundamental benefit that can be delivered to Secondly, it provides for the fairness test, the no any Australian is a job. The most fundamental building disadvantage test. That is a very fundamental point in block for families and community life is a job — a job this whole debate on industrial relations in this country. that pays fairly and provides decent conditions. That is At the moment people entering into individual the most fundamental basis of the whole of Australian agreements or even enterprise agreements are entitled civil society — it is the fundamental building block of to be certain that those agreements do not disadvantage everything. The government in Canberra that represents them compared to the normal entitlements they would members opposite is completely destroying that have under an award. That test has been abolished by fundamental building block. Of course it will not the WorkChoices legislation of the Howard happen overnight. If the federal legislation does not get government, and that is a fundamental point. Members changed, it will happen over time — over years, over opposite need to understand the impact that legislation decades. When our children grow up and are in this is having on ordinary workers, and will have into the place with their colleagues, they will debate what on future. It will drive down wages and conditions. earth happened at the turn of the century when that Howard government introduced these changes and We can see the sham of the federal government at the destroyed the fundamental basis of Australian civil moment trying to put out the bushfires that are breaking society. That is what they will be discussing. out all over the country. It is going to be entertaining to watch them put out those bushfires week after week, I assure the house that the state government will do all month after month and year after year under this it can to protect the rights of its own employees and legislation. other workers now and into the future. That is what the legislation before us is about. What happened to the Cowra abattoir workers was that 29 of them were sacked on a Monday, I think it was, The Howard government’s legislation establishes the and were reinstated by Wednesday. They are still Australian Fair Pay Commission. Its role will be to set unsure about what that reinstatement means, because the minimum rate of pay under the Howard according to the company it wanted to reduce the government’s new industrial relations system. If number of employees by at least nine. Despite the members look at its terms of reference they will see that Howard’s government patching up and putting out of not once is the word ‘fairness’ used. It is not even in the that bushfire — and it would be interesting to know terms of reference of the fair pay commission. I what pressures it put on the employer to back off on commented before on the narrow view of the economy this — the fact is that all the legal advice I have heard of this country. The whole concept of workplace and and read indicates that the company was probably industrial relations being part of the social fabric of our entitled to sack those people on the basis of operational community has been thrown out the window. Further reasons. I do not know what happened behind the evidence for that is the fact that the fair pay commission PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

Wednesday, 5 April 2006 COUNCIL 1269 can only set minimum pay conditions based upon a it has not happened in the past, it is not happening now very narrow set of economic criteria. and under the Howard government’s laws it will not happen in the future. What this government has to do is What we are seeing across the country is just the make sure that from now and going forward public beginning of what is about to occur. I agree with sector employees are protected from the kind of members opposite who said, ‘When you wake up relationship where a future Kennett-style government tomorrow, things will not be that different’. Things can come in and sack people at whim, drive down their have not changed yet. This will not happen overnight; it wages and treat the public service with the contempt will happen slowly. But it is absolutely deliberate and and disrespect that government showed it for the seven conscious. The Howard government is quite clearly years when it was in government. undertaking an ideological program to change the whole nature of the structure of work and the This government is determined to put in place some relationship between employer and employee in this protection for public sector employees, and while I country. recognise that The Nationals are not going to oppose this legislation, the comment from Mr Baxter that a It was the Hawke and Keating governments that put in future coalition government will turn this whole thing place a fundamental reform to industrial relations that on its head demonstrates the real danger for public recognised the importance of the enterprise — that we sector employees in the future. They will be treated needed to have a greater understanding of the enterprise with the kind of contempt with which they were treated and its capacity to reward its employees. That was a by the Kennett government during the 1990s; therefore very important shift in Australia’s industrial relations I am very proud to support this bill and to commend it system. It helped to build what has been 15 years of to the house. economic growth in this country — it helped to create that opportunity. But what the Howard government is Mr SCHEFFER (Monash) — This bill would not doing — and what the lot opposite are reinforcing — is have been necessary if the commonwealth government a shift in a different direction again, in the direction of had not introduced its Workplace Relations having the employer almost completely dominate the Amendment (WorkChoices) Act last year. The purpose power relationship in these discussions. There is no of this bill is to protect Victorian public sector recognition in the Howard government’s legislation that workers — a significant and very important section of for the good of an enterprise the employer and the the Victorian work force — from the negative impact employees, represented by their organisations, should of WorkChoices. Thousands of men and women who sit down and negotiate in good faith to create an work for and on behalf of the Victorian public deserve outcome that is fair to both the company and the huge respect. To describe these workers, as has been employees. done in the Legislative Assembly, in disparaging ways as ‘traditional, cardigan-wearing public servants’ or to In this country we now see a union movement that suggest that they are somehow protected and cosseted recognises that it is important for its members to have a from the real world is insulting to the vast number of successful enterprise. But the shift that is taking place highly trained and experienced administrators, under the Howard government structure is that the researchers, policy developers, technicians and experts power relationship is going almost entirely to the in many fields as well as workers who undertake employer. It is ludicrous to suggest that employers who general tasks that help keep the services operating. have 50, 60 or 1000 workers are going to put in place 1000 individual agreements, because they will not do Along with other members I attended state schools and that. No employer in their right mind would want to put public universities where I was educated by public in place 1000 individual agreements, because they sector employees. Whenever I or members of my would be a nightmare to manage. What they do and are family need medical treatment we are cared for in continuing to do is have a single contract imposed on public facilities by medical and nursing staff on the every employee in the enterprise, and in that process public payroll. When I need reliable information I go to they are driving down the wages and conditions of state-provided services, because I trust the public workers in this country. They are doing it through those servants who put the information together. I know they instruments. are most likely to be objective, because they work in accordance with sound codes of practice. Whatever is It is ludicrous to suggest that this is some great publicly provided is for many Victorians the service of development in democracy and that employees are now choice, because people trust the public service and the free to negotiate with their employers in this brave new work of public servants. Teachers working in world of employment conditions. It does not happen — government schools right across the state are absolutely PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1270 COUNCIL Wednesday, 5 April 2006 in the real world. Doctors, nurses and other medical collectively should they wish to do though their employer staff in our public hospitals daily confront matters of doesn’t. WorkChoices is so one-sided it’s quite mistaken to think of it as ‘ deregulation’ of the labour market. Employers life and death in the real world. Can anyone deny that may have been deregulated but unions have been subjected to our police — all of whom are on the public payroll — more, highly prescriptive regulation. are in the real world, or our firefighters, social workers, prison staff or ambulance officers who deal with the WorkChoices has removed protections against unfair horrific impacts of road crashes? dismissal for millions of people and created two tiers of rights: one for people employed in a workplace of less Victorian public servants also have a fine tradition of than 100 workers and another for workplaces that union membership and in conjunction with their unions, employ more than 100 workers. The award system has whose office bearers they themselves elect, are skilled been replaced by only five minimum conditions. industrial negotiators. They are pacesetters in being Penalty rates for weekend and shiftwork, overtime, awarded good working conditions and fair allowances, career structures, public holidays, remuneration in return for high productivity and great redundancy pay and meal breaks are all negotiable, dedication. The WorkChoices legislation is an attack on which means that over time they will be got rid of. organised workers and will in the end undermine Unless an employer voluntarily chooses to collectively employers and businesses, because it will ratchet up bargain, employees and unions will have very limited levels of industrial disputation. The Liberal Party and capacity to achieve a collective agreement. Under The Nationals have said that the Public Sector WorkChoices an employer can override an existing Employment (Award Entitlements) Bill takes us back collective agreement simply by offering individual to an era gone by, but it is clear that it is WorkChoices contracts to his or her employees. An employer can that takes us back to the days of class war, because it is now, under WorkChoices, restructure the business and an unnecessary assault on working conditions and turn it into a new entity, sack the workers, ditch the strengthens the hand of unscrupulous employers. existing agreement and take on new staff.

I suspect that WorkChoices will not necessarily impact And this is exactly what happened at Cowra when an negatively on workers with sought-after skills who have abattoir decided to sack 29 of its workers and rehire strong bargaining power with employers. These some of them on lower pay on the basis of this being workers will be able to negotiate attractive conditions necessary for operational reasons. The company that include provisions for them to maintain an withdrew the plan after the federal minister intervened. acceptable family and work balance. The concern is for We will have to see how this plays out, but legal the many workers, including the vulnerable and those opinion suggests that under WorkChoices the company with higher mortgages and debt levels, who do not have was within its rights to do what it did. It was the much bargaining power. The federal Sex pressure exerted and the publicity given to the matter Discrimination Commissioner, Pru Goward, spoke by the Australasian Meat Industry Employees Union, about this on Lateline last night. She warned of the the ACTU and industrial lawyers that forced the tactical difficulties that WorkChoices will in all likelihood withdrawal after the matter was investigated by the create for low-income families, because long working federal government’s Office of Workplace Services. hours and limited resources already make it very difficult for parents to manage work and family And last week Triangle Cables, a multinational cable responsibilities. It will be very difficult for these company located at Port Melbourne in my electorate of workers to use the WorkChoices provisions to negotiate Monash Province, was reported in the Age of 29 March a better deal. to have sacked eight long-term employees using the new federal industrial relations laws. The economic editor of the Age, Ross Gittins, described it this way: They were reportedly simply told their services would no longer be required and that their employment was Although it — terminated forthwith. The workers got four weeks pay and shift penalties in lieu of notice as well as long WorkChoices — service leave or annual leave entitlements. The Age outlaws pattern bargaining by unions, it does nothing to reported that the workers’ jobs were advertised on the prevent employers presenting individual workers with day before the eight workers were served. If all this is identical Australian workplace agreements to sign. Although true, we must make sure that public sector employers it makes it much harder for unions to organise a legally do not behave in this way. The Public Sector protected strike, it does nothing to hinder employer lockouts. Although employers may, should they wish to, bargain with Employment (Award Entitlements) Bill is intended to their employees collectively, their employees may not bargain do just that. PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

Wednesday, 5 April 2006 COUNCIL 1271

WorkChoices is a very large collection of legislative part. I went and got The End of Certainty, a book measures that is already having negative impacts on written some years ago by Paul Kelly, because I could workers and on the economy, and the bill is necessary not let this go through to the keeper. I remembered to protect Victorian public sector employees against it. reading it some years ago. Page xxv states: The bill makes sure that public sector employers stick to the conditions set out in the award that covered In his second-reading speech industrial relations minister Laurie Brereton declared that, ‘while ever Labor remains in employees before the WorkChoices and federal awards power employees can be assured that their conditions will be began. As well the bill puts in place a fairness test for protected … by way of the award system’. all workplace agreements that cover public sector employees. This fairness test will be based on the Hon. Richard Dalla-Riva — Comrade! award safety net as it existed before the beginning of the WorkChoices legislation. As the minister has said, Hon. BILL FORWOOD — Comrade! The book the intention of the bill is to preserve the status quo that further states: existed prior to WorkChoices. Brereton’s bedrock position was that his law, ‘treats as sacred the principle that flexibility should not compromise This is important and positive legislation that will entitlements’. The reform put employee protection before provide protection to a significant section of the international competitiveness. Victorian work force — our public servants. I We understand on this side that nothing has much commend the bill to the house. changed and that the position being put forward by the Hon. BILL FORWOOD (Templestowe) — It had poor guys opposite is that some things must never not been my intention to speak on the piece of change, ‘Particularly because’, they say, ‘we are firmly legislation before the house because, as all honourable rooted in our ancestry in the trade union movement, and members know, it is a sham. The government as the you cannot come in here and represent the people of employer can employ people on whatever terms and Victoria, the people of Australia, because you will first conditions it likes. To bring this piece of legislation in and foremost always walk in that door and represent today to use up the time of the house and enable some your union’. members of the government to spout their union Hon. Richard Dalla-Riva — As union hacks. rhetoric enables me to get up and put a different viewpoint. Hon. BILL FORWOOD — As union hacks — as whatever you want. I have been a member of a At the outset I should say that I always admire the union — various unions. I was a member of the troglodytes from the other side, like Mr Viney and Australian Journalists Association. I was a member of Mr Scheffer, when they get up and share their views the Administrative and Clerical Officers Association as with us. On this side we all know that Mr Scheffer is an well. I am proud to have been a union member — and unreconstructed communist and that the description an active union member. Mr Dalla-Riva used in his contribution was accurate. I must say I was staggered when Mr Scheffer said we Hon. Richard Dalla-Riva — Not a hack! were going back to the class war and that unscrupulous employers would use the legislation to sack the heck Hon. BILL FORWOOD — Never a hack. I believe out of everybody. If the government cares to treat its that in our society there is a place for unions, but that employees like that, I think it will be roundly place is not with your foot on the neck of productivity. condemned by all and sundry, because the legislation That place is not with your foot on the necks of before the house today has nothing to do with the individual workers or individuals’ rights. I am very unscrupulous employers that Mr Scheffer referred to, sorry that Mr Scheffer has to leave, because I was except of course if he was referring to this employer, looking forward to continuing to describe other aspects which deals only with public sector employment. That of his speech, which I will obviously have to do in his seems to me to be a somewhat circular argument. In absence. It is never much fun, I must say, slagging any case I remain to be convinced that the sky will fall people like Mr Viney and Mr Scheffer when they will in and the class war start up again. not stick around to listen to it.

I actually believe that in Australia we are progressing To continue, what we know — because Paul Kelly tells and that progression has been caused both by some us — is that Australia was founded on a concept known actions of the previous federal government under as the Australian Settlement, and it had five planks. The Messrs Hawke and Keating and lately some very good first was White Australia, the second was industry actions by the coalition in Canberra, of which this is protection, the third was wage arbitration, the fourth PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1272 COUNCIL Wednesday, 5 April 2006 was state paternalism and the fifth was imperial international league competitive country, and part of benevolence. They were the fundamental planks both that needs to be some flexibility. sides of government agreed with from the early 20th century, after the commonwealth was established Whereas 20 years ago over 50 per cent of the in 1901. They were absolutely the givens. Bit by bit Australian work force were members of a trade union, after the Second World War as our society progressed what do we have now? Let me tell you: it is just over these became somewhat looser, and now all five have 20 per cent if you include all the public servants. If you in some way at some time in the last 50 years been take out the public servants you are down to 14 per cent questioned. What we know is, for example, that we of the Australian people who volunteer to join a union. have in a bipartisan way proudly done away with the I put it to you that if you go to the large companies that White Australia policy and are now a very successful have found it easier to enter an accommodation with multicultural country. their employees — I can think of some large corporations that have decided that the easy thing to do What we know is that we have given away industry is to enter this sort of accommodation — and you take protection and survived; yes, our industries have them out as well, you will find that you are down to changed but we have also survived. We have gone a single digits. You take out the public servants and the long way away from state paternalism, and we even large companies where everyone is a member because had an attempt to get away from imperial benevolence. the employers want to be dealing with one or two I remember some people supporting a republic not all unions, you are down to single figures. What you then that long ago, but the one thing that is very difficult for have is virtually no-one interested in the union the men and women opposite to come to grips with is to movement, apart from the members opposite whose job do away with wage arbitration, to do away with the comes because they are a member of a union club, to bring in some flexibility. movement.

Hon. M. R. Thomson — To do away with fairness. Hon. J. M. Madden interjected.

Hon. BILL FORWOOD — I pick up the The ACTING PRESIDENT (Ms Hadden) — interjection from the minister who said, ‘To do away Order! The minister is not in his place. with fairness’. Minister, we would on this side appreciate you demonstrating the fairness aspects of Hon. BILL FORWOOD — I do not know what it your particular claims. meant. In the end the WorkChoices legislation, which is being roundly criticised by members opposite, is in fact Hon. M. R. Thomson — The Australian Industrial about reducing complexity and providing a fair and Relations Commission. robust safety net of working conditions prescribed by law. It is about promoting collective and individual Hon. BILL FORWOOD — I always appreciate Australian workplace agreements, it is about having a interjections from the minister. The Australian productive Australia promoting productivity, and Industrial Relations Commission is, according to the increasing the living standards of working Australians. minister, the fairness. This is the old umpire argument. What we know is that the umpire argument can be Hon. R. G. Mitchell — Protecting workers rights is better put as the old club argument. a sham, is it?

Honourable members interjecting. Hon. BILL FORWOOD — Hang on, it is my turn. You get up and give your speech in a moment. What The ACTING PRESIDENT (Hon. H. E. we have here today is the sham of this government Buckingham) — Order! Mr Forwood has the call. coming in here and producing a piece of legislation about — — Hon. BILL FORWOOD — Thank you for your protection, Acting President. What honourable Hon. J. H. Eren — Is workers rights the sham, is it? members opposite need to realise is that as the Australian settlement has declined in the last 50 to Hon. BILL FORWOOD — Is workers rights the 60 years there have been fundamental changes in the sham! Let me slowly take you through it. The bill way Australians live and do business. Mr Viney said before the house is the Public Sector Employment this is a fundamental shift. The last time he talked about (Award Entitlements) Bill. Who is the employer? The a fundamental shift was when he was talking about the employers are the state government and its agencies. GST and how the sky was going to fall in. There are Who tells the state government and its agencies what to some fundamental shifts taking place as we become an do? It is the government. Unless the government is a PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

Wednesday, 5 April 2006 COUNCIL 1273 dreadful employer that is planning to put its foot on the it, but I am grateful for your help. Let me finish my neck of its poor employees then this legislation is a brief contribution by saying that I am sure that the sky sham and is unnecessary. So why do Mr Scheffer and will not fall in, that Australia will continue to grow and Mr Viney come in here and rabbit on about be a prosperous country, and Victoria will be dragged WorkChoices and the evil Howard government and along by the policies of the Howard government, and poor dreadful Kevin Andrews when the bill before the that we will all grow old and happy in the years ahead. house deals only with its own employees? Hon. H. E. BUCKINGHAM (Koonung) — As a This is a non sequitur of monumental proportions, but servant of the public I rise to speak on the Public Sector far be it for me to stop members opposite getting up and Employment (Award Entitlements) Bill. In this house rabbiting on about their union credibility connections on a number of occasions I have spoken about the new by saying, ‘I am proud to be a member of a union and I federal changes to industrial relations laws. I have done will be a union man until I die’, or a woman as the case this in four members statements, and in speaking on the may be. I will not stop them doing it. I make the point workplace rights advocate legislation which established that the Australian settlement is over and we are the Office of the Workplace Rights Advocate. I moving in this century towards a new horizon, a therefore feel the need, and indeed an obligation, to positive horizon, a horizon of freedom and flexibility speak on this legislation because the Public Sector and higher living standards because of the changes that Employment (Award Entitlements) Bill, although small we are making. The only people trying to drag us down at only 16 pages, is very important legislation for the and put us back in their box are the poor members of state’s public sector workers, and I have been one of the Labor government. As I said, it had not been my those. More than that, this legislation shows this intention to speak on this legislation. government’s continuing commitment to preserve fair working conditions, safety nets and award conditions Hon. W. R. Baxter — We are glad you did and we for our workers. want Mr Mitchell to follow you because he had a lot to say by way of interjections. The Victorian government is a major employer. The Victorian public service employs 32 800 staff across Hon. BILL FORWOOD — I look forward too to 10 departments and 14 authorities and offices. The Mr Mitchell’s contribution on this. wider public sector employs a further 195 400 staff across 1884 employer bodies, which include agencies An honourable member — Mrs Buckingham is the as diverse as Victoria Police and catchment next speaker. management authorities, teachers and staff of Hon. BILL FORWOOD — I am sorry, I am government schools and our own staff at Parliament. looking forward to Mrs Buckingham’s contribution as It is also important to note that 26 per cent of positions well because I know it will be as considered as usual. within the public service are located in regional However, Mr Mitchell — empty vessels make most Victoria, Mr Baxter, and 29 per cent of positions with noise — has had a bit to say. public entities. This makes public sector employment a Hon. R. G. Mitchell — Hence your loud voice. vitally important part of many regional and rural communities. Collectively the Victorian public sector Hon. BILL FORWOOD — You have a loud voice, employs 9 per cent of the total Victorian labour force you do, I agree. and 2 per cent of the national labour force.

Hon. R. G. Mitchell — No, put your finger in your In this term in office the Bracks government has made a ear and listen. I said, ‘It is your loud voice’. number of changes to enhance the attraction of employment with the Victorian public service and other Hon. BILL FORWOOD — I was just talking over public sector bodies. The Public Administration Act you. 2004 established the State Services Authority and created the new office of the public sector standards The ACTING PRESIDENT (Ms Hadden) — commissioner, which replaced and expanded the roles Order! Interjections are unruly, Mr Forwood. of the former Office of Public Employment and Office Mr Mitchell will have his turn when he speaks on the for Workforce Development. The stated mission of the bill. SSA is to act as a centre for excellence for public sector improvement, to lead and engage the Victorian public Hon. BILL FORWOOD — Thank you for your sector in continually improving services, standards, protection, Acting President. I am not sure that I needed governance and work force development. The office PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1274 COUNCIL Wednesday, 5 April 2006 commenced operations in April 2005. The SSA has legislation. Nine workers at Triangle Cables in Port four key roles. They are: to identify opportunities to Melbourne were sacked. They were all union members improve the delivery and integration of government and five or six of them were on WorkCover benefits. services and report on service delivery outcomes and The workers found their jobs advertised on the Internet standards; to promote high standards of integrity and in February. While their termination letters were dated conduct in the public sector; to strengthen the 27 March, the managing director of the company was professionalism and adaptability of the public sector; overseas on holiday on that day and could not have and to promote high standards of governance, signed them then. This is a fairly clear indication that accountability and performance for public entities. the company waited until the new laws came into effect to sack these workers. While the Victorian government has been working towards becoming an employer of choice and In another example 29 workers at the Cowra Abattoir improving and promoting the public sector employment were dismissed and advised that they could compete for environment, the federal government has been 20 jobs at lower pay, some as much as $100 a week introducing legislation that will undermine this and less. While the abattoir employs more than the magic make employment in the private sector potentially 100 employees, the provision allowing the sacking of treacherous for many Australian workers. workers for operational reasons can be liberally applied. As Mr Scheffer pointed out, there is still no legal test In August 2005 the Premier stated in both the media for this. and Parliament that the government would protect the existing conditions of public sector workers and have The Public Sector Employment (Award Entitlements) these conditions enshrined in legislation and kept for Bill we are debating here today is an example of what the future. This bill requires public sector employers to good governments do to protect the rights and continue to adhere to the terms and conditions of the conditions of workers. It provides an independent pre-WorkChoices federal awards, which were passed umpire in the workplace rights advocate. This will by the federal Parliament on 2 November 2005, as a ensure agreements do not disadvantage public sector minimum safety net for their award-covered workers, and most importantly it supports the employees. Australian Industrial Relations Commission’s family provisions test case which expects employers to allow There are two major features of the bill. The first is to balanced work and family-fair conditions. Who in this preserve award entitlements, and the second is to chamber would want to argue against that? maintain the existing award safety net and the outcome of the independent umpire — the Australian Industrial I congratulate the Minister for Industrial Relations in Relations Commission’s family provisions test case another place, Mr Hulls, and his department on this decision — as the benchmark of the Victorian public important legislation and commend it to the house. sector fairness test to replace the discarded no-disadvantage test. The bill will establish a Victorian Hon. J. H. EREN (Geelong) — The bill before the public sector fairness test. This means new agreements house is yet another bill we have to have because of the will be assessed against a fairness test that is based on mean-spirited federal Liberal-National government. It the award safety net as it was before the federal is a sad state of affairs when we have to stand here industrial relations changes. Public sector employers today arguing to save the people of Victoria from the must ensure all offers and agreements pass the fairness excesses of the federal government’s industrial relations test, which means that agreements do not disadvantage legislation ironically called WorkChoices. It is funny employees in relation to their terms and conditions that whenever we have legislation that protects citizens’ under the preserved awards. The workplace rights rights all of the conservatives on the other side come advocate, an office this government has rightly out of the woodwork. established, will determine whether agreements pass the fairness test. The determinations of the workplace rights Hon. Richard Dalla-Riva — Acting President, I advocate will be subject to judicial review under the draw your attention to the state of the house. Administrative Law Act. Quorum formed.

Since the WorkChoices legislation came into effect last Hon. J. H. EREN — I thank Mr Dalla-Riva for his week there have been a number of examples in the attention to the house. I want to pick up on some of the press which indicate that employers have immediately comments Mr Dalla-Riva made. He basically said there taken advantage of the unfair dismissal changes in are more people who are self-employed than there are particular. These examples reinforce the need for this individual workers. If he really thought about it he PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

Wednesday, 5 April 2006 COUNCIL 1275 would have worked out that the federal government’s Hon. Bill Forwood interjected. policies and the loopholes they contain actually force companies to employ people — — The ACTING PRESIDENT (Ms Hadden) — Order! Mr Forwood, from his place! Hon. Bill Forwood — What does this have to do with public sector employment? Hon. J. H. EREN — Mr Forwood said this bill is a sham. Hon. J. H. EREN — Mr Dalla-Riva brought it up. Hon. W. R. Baxter — It is. Hon. Bill Forwood — That’s my point. Hon. J. H. EREN — Here we go again. Mr Baxter Hon. J. H. EREN — That is a discussion said that if The Nationals ever get into government, Mr Forwood will have to have with Mr Dalla-Riva. If they will axe this bill. They will repeal this legislation. I he really thought about it, it would not take him long to will make sure that every single police officer, every figure out that the loopholes created by the federal single nurse and every single teacher in my electorate government mean companies out there are asking hears about what Mr Baxter intends to do if The workers to be self-employed so they can contract their Nationals get into government. services. Hon. W. R. Baxter — Good. But do you think they I would like to remind Mr Dalla-Riva, whom I believe will listen to you? was sacked by the Kennett government when he was in the police force and the Kennett government sacked Hon. J. H. EREN — Thank you very much for that, hundreds of police — — Mr Baxter. That is very useful.

Hon. Richard Dalla-Riva — On a point of order, I think what needs to be remembered is that we Acting President, I enjoy debate, but Mr Eren’s inherited a system that was very hard won by our allegations are getting a bit extreme. I ask him to forefathers and mothers, a system implemented through withdraw the comment that I was sacked. I think it is their battles in that era of the 19th and early 20th offensive, and I ask him to withdraw. centuries. They fought for a fairer system so that we could all have better lives. The ACTING PRESIDENT (Ms Hadden) — Order! If the member finds the comments made by As I have said in this chamber before, the Howard Mr Eren offensive, then the member should withdraw. government has done a grave injustice to the people of Australia through its ideologically anti-worker Hon. J. H. EREN — Acting President, I am happy WorkChoices legislation. The legislation has been in to withdraw that. But the fact still remains that the force only — — former Kennett government sacked hundreds of police, hundreds of teachers and hundreds of nurses. If people Honourable members interjecting. recall, our platform back in 1999 was to have a decent health care system, and we have done that by putting Hon. J. H. EREN — The conservatives come out of 4000 extra nurses back into the system. We have also the woodwork whenever we introduce legislation to put an extra 6000 teachers and teaching staff back into protect people’s rights. the schools, and we are putting an extra 1400 police Honourable members interjecting. back onto the beat. I find it quite extraordinary that Mr Dalla-Riva, being a former policeman himself, can The ACTING PRESIDENT (Ms Hadden) — stand there and speak against this bill. That is a shame, Order! Mr Eren has the floor. because I am sure that all the public servants out there are very happy that we are introducing such a bill — Hon. J. H. EREN — This legislation has been in just in case! force for only a few days now, and already we see companies taking full advantage of it. The federal I know that Mr Forwood said earlier that this bill is a minister, Kevin Andrews — I call him the baby-faced sham. That means that the Victorian Liberals do not assassin — has warned companies not to take expect to be in government for a very long time. This is advantage of the new laws that give companies the not about protecting workers from us, it is about opportunity to sack workers at their whim, but of protecting workers from them if they ever get back into course that is what the WorkChoices legislation was set government — and I doubt it. Mr Forwood said it up to do. It was set up to give the green light to ruthless himself. PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) BILL

1276 COUNCIL Wednesday, 5 April 2006 businesses out there to have a frenzied shark attack on Hon. Bill Forwood — A speech. workers’ rights and conditions. Hon. J. H. Eren — Who are you? Sit down! Having said that, and I have said it before, I know that by and large a lot of employers out there are not as The ACTING PRESIDENT (Ms Hadden) — ruthless as some are, and they will do the right thing. In Order! They are not permitted to read a speech from fact they are also concerned about their obligations in prepared notes. relation to these new laws. Unfortunately, without a federal Labor government there is not much we can do As I am on my feet now and making a determination, I to about them, but we do not have to stand for the laws ask Mr Eren for his attention, especially given that it is here in Victoria, not as far as this state government’s his speech I am referring to. As members in this place employees are concerned, anyway. The Bracks Labor know, it is not appropriate or permitted to slavishly read government is committed to protecting workers in the from prepared notes, and speeches are to be speeches or public sector through the Public Sector Employment contributions on the bill. I ask Mr Eren to heed the rules (Awards Entitlements) Bill. of this house.

Hon. D. McL. Davis — You are slavishly reading Hon. J. H. EREN — Thank you, Acting President, your notes. and I shall do so.

Hon. J. H. EREN — Mr Davis has just walked into This bill will obviously go a long way towards the chamber. He obviously has not listened to the protecting the rights and entitlements of Victorian debate. He cares nothing about the workers. He does workers in the public sector. Unfortunately, not all not care about this very important bill before the house. workers are so lucky. We all know and we all have He just waltzes in here and sits down when he feels the read — as recently as today — about some of the need to say something. This morning when we debated effects of the changes to the federal industrial relations his motion he was the lead speaker yet he was not here. law. There was a story on, I think, page 19 of the It is very good to see Mr Davis in the chamber. Herald Sun today with the caption ‘IR victory for workers’. The story related to the 29 workers who were The bill seeks to preserve the existing entitlements of sacked at the Cowra abattoir. public sector employees. It will also maintain the existing award safety net and the outcome of the After what was obviously deep and meaningful Australian Industrial Relations Commission’s family consultation with the minister’s department — this was provisions test case decision as the benchmark for the attracting a lot of attention, a lot of bad publicity — the no-disadvantage test — — abattoir reinstated its workers. But the abattoir had actually sacked those workers and had asked them to Hon. D. McL. Davis — On a point of order, Acting reapply for the 20 positions that were available. President, I believe the member is reading slavishly Twenty-nine workers were sacked and the abattoir was from notes that were prepared for him, and I believe he asking for applications for 20 jobs. The job conditions should construct a proper debate rather than reading had been changed dramatically. As a matter of fact the slavishly from prepared notes. conditions had been changed so that some employees would receive $200 less a week than they had been Hon. J. H. EREN — On the point of order, Acting getting. It was a bit of a publicity nightmare for the President, these are the sorts of tactics that the federal government. opposition uses — — No doubt the negotiators acting on behalf of the federal The ACTING PRESIDENT (Ms Hadden) — Minister for Employment and Workplace Relations will Order! Mr Eren has been here for sufficient time to be very busy over the course of the next few weeks and know that he cannot debate a point of order. months. Let us see how they go when further sackings occur. Let us see whether they are going to send their Hon. J. H. EREN — Absolutely, Acting President. team in to negotiate with companies to reinstate Mr Davis obviously knows I am referring to the workers — and then maybe sack them later, when there copious notes I have here, and he knows very well that is not so much attention on the legislation the federal from time to time even he refers to notes. government has introduced.

The ACTING PRESIDENT (Ms Hadden) — I think everyone would agree that these sackings were Order! On the point of order, as members in this place grossly unfair and show that the abattoir company was know, they are not permitted to read — — just waiting for the WorkChoices legislation to come in DRUGS, POISONS AND CONTROLLED SUBSTANCES (PROHIBITION OF DISPLAY AND SALE OF COCAINE KITS) BILL

Wednesday, 5 April 2006 COUNCIL 1277 to bastardise its work force. This incident has had quite Broad, Ms Mitchell, Mr a lot of media coverage, and the federal Minister for Buckingham, Mrs Nguyen, Mr Carbines, Ms Pullen, Mr Employment and Workplace Relations, Kevin Darveniza, Ms (Teller) Romanes, Ms Andrews, came out and said that what happened in that Drum, Mr Scheffer, Mr situation was wrong. Eren, Mr (Teller) Smith, Mr Hall, Mr Somyurek, Mr An honourable member — I am pleased to see you Hilton, Mr Theophanous, Mr are giving him credit. Hirsh, Ms Thomson, Ms Jennings, Mr Viney, Mr Lenders, Mr Hon. J. H. EREN — The federal government had created that problem for itself. Noes, 13 Atkinson, Mr Hadden, Ms The ACTING PRESIDENT (Ms Hadden) — Brideson, Mr Koch, Mr (Teller) Order! The member’s time has expired. Coote, Mrs Lovell, Ms Dalla-Riva, Mr Rich-Phillips, Mr House divided on motion: Davis, Mr D. McL. (Teller) Stoney, Mr Davis, Mr P. R. Vogels, Mr *Ayes, 27 Forwood, Mr

Argondizzo, Ms McQuilten, Mr Baxter, Mr Madden, Mr Motion agreed to. Bishop, Mr Mikakos, Ms Broad, Ms Mitchell, Mr Read third time. Buckingham, Mrs (Teller) Nguyen, Mr Carbines, Ms (Teller) Pullen, Mr Remaining stages Darveniza, Ms Romanes, Ms Drum, Mr Scheffer, Mr Passed remaining stages. Eren, Mr Smith, Mr Hall, Mr Somyurek, Mr Hilton, Mr Theophanous, Mr Hirsh, Ms Thomson, Ms DRUGS, POISONS AND CONTROLLED Jennings, Mr Viney, Mr SUBSTANCES (PROHIBITION OF Lenders, Mr DISPLAY AND SALE OF COCAINE KITS) Noes, 14 BILL Atkinson, Mr Hadden, Ms Brideson, Mr (Teller) Koch, Mr Introduction and first reading Coote, Mrs Lovell, Ms Dalla-Riva, Mr Rich-Phillips, Mr Davis, Mr D. McL. Stoney, Mr Received from Assembly. Davis, Mr P. R. Strong, Mr (Teller) Forwood, Mr Vogels, Mr Read first time on motion of Mr GAVIN JENNINGS (Minister for Aged Care). [*Division list subsequently corrected; see page 1281.]

Motion agreed to. DRUGS, POISONS AND CONTROLLED SUBSTANCES (VOLATILE SUBSTANCES) Read second time. (EXTENSION OF PROVISIONS) BILL Third reading Second reading Mr GAVIN JENNINGS (Minister for Aged Care) — By leave, I move: Debate resumed from 4 April; motion of Mr GAVIN JENNINGS (Minister for Aged Care). That the bill be now read a third time. Hon. D. McL. DAVIS (East Yarra) — I am pleased I thank members for their contributions to the debate. to rise to make a contribution to the debate on the Drugs, Poisons and Controlled Substances (Volatile House divided on motion: Substances) (Extension of Provisions) Bill. This is a very small bill. The purpose clause sets out very simply Ayes, 27 that the main purpose of the bill is to amend the Drugs, Argondizzo, Ms McQuilten, Mr Poisons and Controlled Substances (Volatile Baxter, Mr Madden, Mr Bishop, Mr Mikakos, Ms Substances) Act 2003 to extend its operation for a DRUGS, POISONS AND CONTROLLED SUBSTANCES (VOLATILE SUBSTANCES) (EXTENSION OF PROVISIONS) BILL

1278 COUNCIL Wednesday, 5 April 2006 couple of years. This is a very short extension, and the hoc way. What is required is for the government to government in the second-reading speech admits quite come up with a proper plan. clearly that the bill relates to the management of those whom the police apprehend or detain who are under the The extension of the current police powers to search age of 18 and who are suspected of recently inhaling and seize any cans found on young persons and to link solvents — that is, of chroming. Nothing can be said up young people with an appropriate caring adult or about chroming other than that it is a terrible blight on caregiver, health service or drug treatment service, is the community and the individuals involved in it and appropriate, but it does not come to grips with the that reasonable steps should be taken to try to minimise problem — for example, the bill does not make Ritalin its impact. abuse an offence, and there are arguments about that. Whether you criminalise, as it were, those issues or The Liberal Party has sought over time to implement whether you try to take a purely public health approach provisions to strengthen the powers of the police to deal to them, the two are not necessarily mutually exclusive with these issues and strengthen the regime for and can be worked into a thoughtful policy that draws management of substances that are used by chromers. on the strengths of both approaches. As a number of members will remember, we had a bill introduced in the last Parliament by Carlo Furletti, a Under the provisions the police may not interview a then member for Templestowe Province, to ban the sale person detained under this act in relation to known or of spray cans to people under 18 years of age. There is alleged offences. I say that the government has to go still much to commend such an approach to limit access back and have a really good look at that area. I do not to those substances that could be used by chromers and think it has come to grips with it, as I have said, but in thereby reduce the amount of chroming that will occur. these circumstances the opposition is quite prepared to No-one should imagine that any action will be an support the bill and to allow the extension to occur. absolute or complete step to prevent this sort of chroming or that the extension of the powers laid out in Hon. D. K. DRUM (North Western) — I share the this bill are in themselves a satisfactory solution. view of the Honourable David Davis in supporting this bill. The sunset clause in the original 2003 act sets this The government admits that the data is insufficient in provision to expire on 30 June this year. Although it this area. It admits that the first period of giving the would have been more pertinent and possibly better for police these additional powers was a trial, and in a the government to take a more definite view on this sense the bill just extends that trial for a couple of years. issue, we certainly support the government in extending The government is taking a very modest step with this the search and confiscation powers in the bill. I have bill. Although the opposition supports that step it had first-hand experience in dealing with young people believes the government has not come to grips with this in some of the youth forums that I have been holding issue satisfactorily. Over the period that the chroming around this state, and I have asked them if chroming is issue has been under discussion the government could an issue or problem in their area. It is amazing how have done far more. The opposition has been prepared prevalent chroming is, considering we do not see a lot over that period to make a number of constructive of it; but it is certainly going on and a lot of kids in suggestions, both going back to the time that a former many communities that would surprise most people in member of Parliament, Carlo Furletti, moved his this chamber are experimenting with that type of private member’s bill and forward into this period of substance abuse. government. We therefore need to make it as difficult as we possibly When the first piece of legislation went through in this can to purchase spray cans. I have had the experience of chamber I was shadow Minister for Health. I made the driving my children around because they needed a point then that I thought the government had not really spray can for a school project. They ran into an auto come to grips with this and that we should have a goods shop but were unable to purchase a spray can. watching brief on this area, which is what we have While I thought that was a little annoying at the time — done. My colleague Mrs Shardey, the member for I had to then park the car and go back in and purchase it Caulfield in the other house, made similar comments at myself — I realised that the shopkeepers were the time, and those comments correctly understood the demonstrating the responsible serving of aerosol cans government’s position and pointed to the weaknesses in that we are looking for. It is a good sign to see that its approach. It is now time for the government to go many of these retailers are refusing to sell spray cans to back and have a better look at this. It is not enough to minors. continue extending these powers, step by step, in an ad DRUGS, POISONS AND CONTROLLED SUBSTANCES (VOLATILE SUBSTANCES) (EXTENSION OF PROVISIONS) BILL

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It is not just chroming that is a problem. While this is and put some permanence into it. I hope we can put plainly a health-based bill we have also to look at the some programs into place that might start reversing the real problem created by graffiti. It is getting to the stage trend of substance abuse. where it has now gone past being a bit of a nuisance; it is costing this state millions of dollars in trying to clean There is another aspect of the bill that I want to raise up the mess that has been left by the youth who think that was put to me very strongly on Monday of this graffiti is art. week — that is, that these instances of substance abuse tend to go in waves from group to group and from Last week we received a pertinent reminder of school to school. What can be a real issue 1 minute can substance abuse when 14 or 15 kids in southern be gone three or four months later so that you then have Queensland decided they would experiment with no problem. Out of the blue two or three kids might Ritalin. I do not know how they were all able to get so start experimenting and before you know it you have many Ritalin tablets, but reports over the news were 10 kids experimenting with substance abuse. We need that one youth had had 15 Ritalin tablets, and en masse to be ever vigilant. We need to understand that just these kids effectively went into a whole series of because things are going okay in a particular blackouts with vomiting, nausea and uncontrollable environment at some stage, that does not mean we have shaking. They were a bit of a mess. that situation locked away.

Hon. David Koch — Acting President, I direct your We need to have programs running continuously and attention to the state of the house. constantly warn our youth about the dangers of playing around with aerosol cans. We need to make sure that Quorum formed. the programs we put in place will warn children at the appropriate age. We need to get it into our children’s Hon. D. K. DRUM — Prior to the interruption I minds when they are forming their opinions and was discussing the situation in southern Queensland last attitudes towards substance abuse. We need to work on week where young people were experimenting with children in those age groups. Ritalin — a form of substance abuse that very nearly had disastrous consequences. We have to do as much as Children are smoking, I understand, at a much younger we possibly can in this area. During the last two years age than we think they are. They are also drinking at a there should have been ample time for the government younger age than we are currently targeting. It would to research the data needed to show whether the not surprise me — and I do not profess to be an expert measures in this legislation go far enough. I do not in this — if the age at which we need to make sure that think they do. I think we need to go harder and make our children are fully aware of the dangers of substance this an offence. If children are going to be inhaling the abuse in the form of chroming is also a lot younger than gases out of aerosol cans, they need to realise that they the age we are envisaging. are breaking the law. I hope this advisory committee gets in, does its work We need to put more resources into it. We need to and presents its research data to the government so that identify where the problem areas are and we need to we can then tighten up this area, put some bones into identify the youth that are to be targeted. We need to this legislation and make it a bit more robust into the put some programs in place and do more. What we are future. going to end up with now is a four-year program to monitor the effectiveness of this bill. We can really step Hon. KAYE DARVENIZA (Melbourne West) — I up the work that the advisory committee is doing and am very pleased to rise and make a contribution to the make sure we are resourcing them adequately because debate on the Drugs, Poisons and Controlled this is a very real problem in our community. The Substances (Volatile Substances) (Extension of damage that is done to the brains of these young people Provisions) Bill and to speak in support of this is something from which they may never recover. That important piece of legislation. I do not think there is is something that we need to be very aware of. It is not anyone in this chamber, in fact in this Parliament, who just a little bit of alcohol they are playing around with. would disagree that we need to be doing all we can to It is not just a few cigarettes. This stuff can have protect our most vulnerable citizens. Some of our most long-term effects on the youth who play around with it. vulnerable citizens are young people. Others are those who are involved in substance abuse, particularly abuse As I said, The Nationals fully support this legislation that involves the inhalation of volatile substances, being extended for another two years, but we think the commonly known as chroming. As Mr Drum has government needs to move to tighten it up even further already pointed out, it is predominantly young people DRUGS, POISONS AND CONTROLLED SUBSTANCES (VOLATILE SUBSTANCES) (EXTENSION OF PROVISIONS) BILL

1280 COUNCIL Wednesday, 5 April 2006 who are involved in this very dangerous activity, available. Counselling waiting times have decreased although it is not only young people. from seven days in 2000 to less than one day in 2006 — a very significant decrease. The government The legislation has been in place for some time and is has reduced the waiting time for community due to expire. This bill will enable the government to withdrawal services by over 72 per cent and continued extend this legislation, which works well in protecting to keep waiting times to under 10 days. There has been young people and others who are involved in chroming, a 17 per cent increase in the provision for youth for another couple of years. Members of the treatment — that is, for 12 to 21-year-olds — and over government believe this legislation is working. The a 100 per cent increase since 2000–01 in the number of provisions that we have put in place allow people who clients treated where the primary drug of concern is are suspected of being involved in chroming or who are ecstasy or amphetamines. These are very significant chroming to be taken by the police and put in the hands achievements that the government has made in drug of suitable persons. That could involve them being prevention and the treatment of people involved in taken to an emergency centre or hospital, taken back to substance abuse, including chroming. their parents or to a residential care facility, or put into a particular drug and alcohol or substance abuse program, Mr Drum also raised the issue of the need for so that these young people are not charged, interviewed preventive programs. Most people would be aware of by police or held in police cells. We can have an the Premier’s Drug Prevention Council. It was intervention at the critical time so that they can be established in March 2001 and has been important in directed to the most appropriate services and carers ensuring that there is a focus on prevention. It has had a who are able to look after them. The data we have been big say in informing the types of programs and services able to gather so far indicates that the current legislation that have been put in place. The council brings together is working well, but we need to look at it more closely. a whole range of experts, who provide advice to the government regarding the prevention of drug abuse, Mr Drum picked up on the fact that it is not people in a particularly in relation to high-risk youth. Community stable population who get themselves involved in this strengthening initiatives have also been delivered particular activity; it is often those in a fluctuating through projects involving cultural, recreational, population. It seems to be an activity that people get creative and educational activities in local communities. involved in in a particular area, in a particular group, or We have built on a whole range of structures that in a particular school for a period of time, and then it already existed. Across Victoria 76 projects have been seems to lose favour and moves on somewhere else. funded, including projects for Koori groups and We want to ensure that young people know about the culturally and linguistically diverse communities. dangers involved in this activity and we want others to be aware of the sorts of people who are likely to be The local drug strategy project has focused on five involved in this activity so that they ask questions and hot-spot municipalities in metropolitan Melbourne to take action if these people come into their shops and address the impact of street-based drug use. These want to purchase these volatile substances. include Maribyrnong, which is in my electorate, Melbourne, Greater Dandenong, Port Phillip and Yarra. Of course some of these volatile substances are used by The project has been funded to respond to local many of us every day. Also some people’s livelihood concerns about illicit drug use. The project involves involves the purchase of these sorts of volatile developing a drug action plan, and there has been a lot substances. It is important, therefore, to give of consultation with the community on that. We have information to proprietors so they are aware of the put in place a whole range of services specifically abuse of these substances, the most likely substances to designed to respond to the needs of young people up to be purchased for abuse and the actions they can take if 21 years of age. This includes youth outreach workers; they are approached by someone whom they suspect a youth alcohol and drug day program; youth might be using these substances for that purpose. We residential rehabilitation services, with 24-hour staff; have taken action to do this. youth residential withdrawal services, which involves short-term intensive programs so that young people Mr Drum also touched on the need for programs. We who need to withdraw can do it safely; youth peer have put in place a large number of programs. The support; youth counselling; and youth supported government has increased state funding for drug and accommodation. alcohol services by 50 per cent since coming to office in 1999. We have also increased the number of To take up Mr Drum’s point about the need to look treatment beds from 431 in 1999 to 796 in 2006. There specifically at youth, that is one of the areas our is now a very significant number of treatment beds government is looking at. We are not only looking at BUSINESS OF THE HOUSE

Wednesday, 5 April 2006 COUNCIL 1281 it but are putting in place a whole range of initiatives, In doing so I thank members for their contributions to both on a preventive level and in terms of providing the debate. services and programs. Members would all be aware of some youth-focused campaigns, such as the Motion agreed to. binge-drinking campaign that was targeted at 15 to 16-year-olds and tertiary students, the party drugs Read third time. campaign to raise awareness in pubs and clubs that Remaining stages there is no safe level of use for GHB, or gamma hydroxybutyrate — I guess if you have not been Passed remaining stages. hanging out in pubs and clubs you would not be aware of that, but we are out there where young people are, trying to get the message across to BUSINESS OF THE HOUSE them — and the illicit drug awareness and community education campaign targeting the quite Division list young people Mr Drum is concerned with — the 15 to 18-year olds — focusing particularly on cannabis, The PRESIDENT — Order! It has been drawn to ecstasy and heroin. The government has also my attention that in the division on the second reading delivered a code of practice for arranging and of the Public Sector Employment (Award holding safe dance parties and voluntary water Entitlements) Bill the Honourable Damian Drum was guidelines promoting the provision of low-cost water present in the chamber and voted with the ayes but was in licensed premises. not recorded on the division list. Mr Drum has confirmed that he voted in the division. I have therefore Our government believes very much that we need to directed that the division list be corrected accordingly. keep our focus on young people, particularly when it The result of the division on the second reading of the comes to chroming, which is a very dangerous activity. bill is therefore ayes 27, noes 14. We believe by passing this bill today to extend the life of the Drugs, Poisons and Controlled Substances Hon. Bill Forwood — On a point of order, (Volatile Substances) Act 2003 we will continue to President, I am very disappointed that the new system protect some of our most vulnerable people — young that has been trialled in this place three times thus far people who use and abuse drugs. has already succumbed to the inability of the clerks to tick the box. I hope that it is not symptomatic of what is It is a very good bill which will protect people. It will likely to occur in the future. make sure there is intervention at an early stage or at a stage when a crisis might occur, and that those involved The PRESIDENT — Order! There is no point of can be directed to the most appropriate service provider order. The honourable member is a member of the or the most appropriate carer as well as being given Standing Orders Committee, and he is well aware that it counselling and advice about the harm and the need to is the responsibility of the tellers to count the heads and desist from that activity. We will be collecting more the ticks. data and building on the work that has already been Hon. Bill Forwood — They did and they got it done. The committee and council are in place to do wrong! that, and they will continue that work and report back to us. The bill deserves the support of all members of this The PRESIDENT — Order! They did, and there chamber. I commend it to the house and wish it a was an error. I have directed that it be rectified. speedy passage.

Motion agreed to. SUSTAINABLE FORESTS (TIMBER) Read second time. (AMENDMENT) BILL

Third reading Introduction and first reading

Ms BROAD (Minister for Local Government) — Received from Assembly. By leave, I move: Read first time on motion of Ms BROAD (Minister That the bill be now read a third time. for Local Government). DISABILITY BILL

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DISABILITY BILL prepared to give leave, and therefore there will not be an opportunity to call an expert witness to the Second reading committee’s consideration of this bill. I think that is a great shame. The Disability Bill is a large and complex Debate resumed from 4 April; motion of bill and people of the calibre of Margaret Ryan, Jean Mr GAVIN JENNINGS (Minister for Aged Care). Tops and Max Jackson — the three people referred to in the motion — would have provided some valuable Hon. P. R. Hall — On a point of order, President, advice to all of us in our consideration of this bill. before the second-reading debate begins I seek clarification about the process that will be involved I seek clarification on whether it is the intent of the with the progress of consideration of this bill. This is government to not allow expert witnesses to come the first piece of legislation where the minister at the before the committee unless it be at the request of table, in this case the Minister for Aged Care, has government members. If that is the case I think it is moved that at the conclusion of the second-reading unfair. I want to know whether the government would debate the bill be referred to the Legislation Committee, reconsider and allow debate on the motion to call so it is new and uncharted ground on which we are Margaret Ryan, Jean Tops and Max Jackson as expert travelling in terms of a process to consider this witnesses to the deliberations of the committee on the legislation. Disability Bill, and further I would like some explanation as to how expert witnesses are going to be I seek clarification on two matters. First of all, when considered in future deliberations of the Legislation and how members will be notified of the scheduled Committee. sittings of the Legislation Committee, because it is quite conceivable that the second-reading debate on this Mr Viney — On the point of order, President, and bill will be finished this evening and theoretically it is for clarification, I concur that this is a new process for possible that the committee would therefore be in a the Legislative Council. It has been discussed at length position to begin deliberations on this bill tomorrow, both by the Standing Orders Committee and in this Friday, Monday or Tuesday of next week. I want to chamber when the sessional orders were introduced. It know when and how members will be notified of the is important to recognise that this committee is not an scheduled sittings, not just the members of the investigatory committee. It is not a committee based on committee but members of the chamber because as we establishing policy or policy options for executive all know, when the Legislation Committee sits government. It is a committee that exists to consider the members of the chamber are invited to participate fully, legislation in detail, clause by clause, similar to the except that they do not have voting rights. Certainly committee of the whole going through the legislation members like members of The Nationals, who may that has been referred to it, as the sessional orders show. have to travel down from the country, need some timely advice about the scheduled meetings of the committee. The government does not have the view that in all cases The first point I seek clarification on is how and when there will be a need for witnesses. In the future there all members of the Legislative Council will be advised may on occasion be a need for witnesses, but we are of the scheduled meetings of the committee to doing this as a trial to see how it works, and the deliberate on the Disability Bill, and I understand also government does not have a view that we should be later on the Education and Training Reform Bill. opening this up to public hearings with extensive witnesses and so on. The government, just like The second point I seek clarification on is the ability of everyone in this chamber, is working through the the committee to hear from expert witnesses. This processes of how this might work, but it is a genuine morning my colleague Mr Drum gave notice that on the commitment on the part of the government as part of next day of meeting he will move to call three expert the reforms of the Council to have this house scrutinise witnesses to the Legislation Committee to provide legislation in its role as a house of review. some expert evidence on the Disability Bill. My understanding of process is that the notice of intent to We believe the Legislation Committee will enable us to move a motion goes to the bottom of general business, do that in a more relaxed manner than the committee of and because there is no scheduled time for us to the whole and with more time, because as we all know, consider general business on a Thursday it would only the committee of the whole needs to deal with be by leave of the government that consideration of that legislation in the week it is before the house, and motion could be brought forward to tomorrow. My therefore there is often the time pressure of other informal discussions with the Leader of the legislation to be considered. What this does is take it Government suggest that the government is not out of that time commitment and give us the DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1283 opportunity to meet over a longer period of time. It will those members appointed by the Council can attend be very much in the hands of the committee, and as tomorrow’s deliberative meeting, but I will be chair I can advise all members of the house that it will suggesting tomorrow that we suspend standing orders. be my view that we ought to give as much time as we If we are not able to suspend standing orders, I will can appropriately for the committee to properly suggest to the committee tomorrow that we resolve to consider legislation. Obviously that is not carte blanche close the formal meeting and invite any other member for things to be debated for days on end. We have some of the Council who wants to be present to attend. Once time constraints — two sitting weeks or four calendar we have sorted out what we want to do, we will open weeks, whichever is the sooner — and it will be the other meeting and get there in the end. What I am important for all of us on the committee and members confident of is that, with goodwill, we will be able to of the Legislative Council who attend the committee to sort out that aspect of the way the committee will be cognisant of those time requirements and to assist operate. the committee to carry out its considerations as expeditiously as possible. Mr Viney — Hear, hear!

I am not in a position to explain the notice that Hon. Bill Forwood — Thank you. I note that the members of the Council should be given. I understand chairman agrees with me. If necessary, we will bring the President will probably make some comments on the standing orders back here and fix them up. that. I have been talking with the clerks and members of all parties about options for times and trying to facilitate On the second point, which I think is also a matter of this, and we are also accommodating ministers. I can some importance, I note that under standing order inform the house that it is possible that one of the lower 52(3): house ministers will be prepared to assist the The minister, minister representing or such other persons committee. That is a new development, and it is part of nominated by the minister or member in charge of the bill our commitment to the trial of this process. I hope all may give evidence to the committee. members on the committee and members of this house There are more ways than one to skin a cat. It may well will exercise a bit of forbearance, if you like, in trying be that, as we are about to do the very first bill, the to accommodate everyone’s interests as we bed down government does not want to enable the Council now, this process. As chair I am committed to giving the before the committee has ever met, to open up the committee the time it needs to properly consider the bill matter of the calling of witnesses. I do not believe that within the time constraints the house has established in will stop either Mr Drum or me as members of the the standing orders. committee from moving that either we invite the Hon. Bill Forwood — On the point of order, minister to invite these people on our behalf or we President, I wish to add a few words to those of the resolve to ask the Council to meet in order to enable us committee chair. As honourable members know, I am to achieve the same result, because standing order 55(2) deputy chair of the Legislation Committee. At the says: outset I should say that my view is that the purpose of The committee may resolve to request an extension to the the committee is to end up with the best legislation time for reporting … possible. That will be done through cooperation as much as anything. So we have the capacity to extend it if we need to in order for us to get to 52(4), which states: In relation to the issue of how and when members will be notified, I understand it will be through a process to The committee may only call other persons or send for be developed, but the intention is that we accommodate documents and other things if authorised by the Council. as best we can the people who are interested in the Tomorrow will be the first time this committee will particular pieces of legislation that are being referred to have met. It is meeting with goodwill in an attempt to the committee. I would anticipate that despite the time facilitate the production of the best legislation possible. constraints we are faced with through the standing I have absolute confidence that the chair and other orders, we will do what we can to ensure that people members of the committee are approaching the who have to travel are accommodated when we plan committee with that in mind. While none of us today our sittings. can be certain about what will happen in the weeks ahead, I for one will be approaching this in an My understanding is that there will be a meeting of the optimistic and proactive way with a view to achieving committee tomorrow. We will have a big debate about the best results possible. it some time soon. The clerks have the view that only DISABILITY BILL

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Hon. D. K. Drum — On the point of order, reports to the house, will also appear on the Parliament President, I concur with what both Mr Hall and web site on the Council committee page. Mr Forwood have pushed in this instance. The main point I wish to raise is that we have known about the The matter that was raised by the Leader of The bill for about five to six months, and it has caused an Nationals on the motion put this morning by Mr Drum enormous amount of angst in the community. is a matter for the house to determine. It is not a matter for me to make a comment or ruling on or to give any The PRESIDENT — Order! The issue is what was clarification on. The house will determine what it does raised by Mr Drum’s leader. This is not an opportunity with that motion. to debate the merits of the legislation that has been referred to the Legislation Committee. With respect to one of the points raised by the Honourable Bill Forwood, sessional order 48 states that Hon. D. K. Drum — The importance of the when a committee is reviewing legislation it will be legislation has every chance of slipping through the open to the public and to all members of the chamber. cracks if we are not able to call these expert witnesses. When it is not reviewing legislation it will be open only to the members of the committee. That is what the The PRESIDENT — Order! That is not part of the sessional orders say and that is the way the committee procedure of the house. will operate. If the committee has to adjourn and then come back, so be it, but while it is deliberating on how Hon. D. K. Drum — Mr Viney said this is not an it will operate only members of the committee will be investigative committee. In a sense getting to the entitled to participate in that deliberation. I hope that bottom of legislation is very much an investigative clarifies the situation and answers some of the questions process. We need to be able to take the legislation apart that have been put before the house. We will now and ensure that we give the state the very best resume the debate. legislation we possibly can. Hon. BILL FORWOOD (Templestowe) — The The PRESIDENT — Order! Taking the last purpose of the Disability Bill as outlined in clause 1 is : comments first, that is a procedure of the house during the committee stage either through the Legislation The purpose of this act is to enact a new legislative scheme Committee or the committee as a whole. That has not for persons with a disability which reaffirms and strengthens changed as a result of the establishment of the their rights and responsibilities and which is based on the recognition that this requires support across the government Legislation Committee. sector and within the community. With respect to the comments made by the Leader of It also has the fundamental effect in clause 222 of The Nationals, I put on the record that the house repealing the Intellectually Disabled Persons’ Services resolved yesterday that at the conclusion of the Act, the Intellectually Disabled Persons’ Services second-reading debate of both the Disability Bill and (Trust Money) Act, the Intellectually Disabled Persons’ the Education and Training Reform Bill, the bills would Services (Amendment) Act and the Disability Services stand referred to the Legislation Committee. In Act. The bill is repealing the existing acts and response to the member’s query about how information introducing a new one to replace them. about the proceedings of the Legislation Committee will be conveyed, I advise him and other members of This bill is about people, and in the end the overriding the house that as a matter of practice, when a bill stands concern that we must have is to ensure that what we do referred to the Legislation Committee the notice paper is provide the best possible outcome for every person will list the bill or bills under the heading ‘Bills referred who will be caught up within the purview of an act that to Legislation Committee’ and will include the date on extends to 230-odd pages. Those are not just people which the bills stood referred. with a disability but their families, friends and carers will also be affected. It will also affect a raft of In accordance with sessional order 48, which requires government and private sector organisations and that all members of the Council be notified of the days including, for example, people from the mental health and times that the committee will meet to consider the sector and the residential tenancies sector. There are bill, and in accordance with sessional order 46, which many people who will be caught up through the clauses requires that all members of the Council be notified of in the legislation. All of them expect us as legislators to substitutions of committee members, the clerk’s office arrive at the best possible outcome we can. This is will send an email to all members with these details. about people. Details of the Legislation Committee, including its DISABILITY BILL

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I received a letter yesterday from Margaret Ryan, which None of us could put the case better than that. It is for I wish to read. It says: that reason that I was absolutely delighted with the initiative Mr Lenders brought to the Standing Orders When you rise to speak on the Disability Bill, what you say, Committee for the establishment of the Legislation and what your parliamentary colleagues say, will have profound consequences for me and my family. In my family Committee. As honourable members in this place there is a teenage boy who cannot talk, who cannot walk or know, there has been an extraordinary push from many sit, who receives food and water through tube feeding, is in people in the disability sector for this piece of nappies, and who is alive and has a life worth living only legislation to be got right. I have a small list; I will not because of the hour-by-hour sacrifice, love and dedication of his mother and father. go through them all but I have received letters from so many different people. I have letters from the Victorian This teenager is one of Victoria’s 64 400 sons and daughters Council of Social Service, the Kew Cottages Parents with severe and profound disability living with a parent who Association, the Transport Accident Commission, the provides hands-on support and assistance. What you have to say, and what your parliamentary colleagues say, will have Gippsland Carers Association, the Tenants Union of deep personal consequences for all these parents and families, Victoria, Mr and Mrs Tregale, Autism Aspergers and the parents and families of yet-to-be-born babies with Advocacy Australia (A4) and Wendy Keifel, from the disabilities. Mental Health Legal Centre Inc., Max Jackson, the I have been in contact with you on these issues since you Council of Intellectual Disability Agencies and were a member of the ministerial task force on disability in Margaret Ryan. All sorts of people are asking that this December 1994 when you were swamped with my concerns legislation be held over and got right. That is the crucial about kindergarten education and early intervention for thing. preschool children with disabilities, the newborn to six-year-olds. The now teenager was then a preschooler. You They all have different perspectives on different bits of have since been constantly made aware of the myriad of developments and issues and reforms in disability at the legislation, but none of these people are saying not household, local, state, national and international levels. to do this. They are saying that this is a once-in-a-generation chance of ensuring that the I know that you are aware of the grievous failure of public groundbreaking legislation from 1986, when the policy to address many of the critical issues of daily living for children and adults who are disabled and for their families Intellectually Disabled Persons’ Services Act was and carers. brought in, is enhanced and updated for the future. They are not saying, ‘Do not do this.’. What they are I remind you of the profound and transparent thoughts of the saying is, ‘Let us do it but get it right.’. Later in my 10-year-old who wrote a letter to God, ‘Dear God, I have a question for you. Why do people die? It is not fair that people contribution I will go through some of the concerns have to die. My brother is disabled. I want to know if my people have about this particular piece of legislation. brother will die when he is young. If he does, I will be an only child. I don’t want to be an only child. If he lives till when he I received a letter yesterday — I am on a few mailing is older, my parents will be too old to look after him. Does lists — from Rosalie Trower, OAM. Those of us who that mean that I will have to look after him? I want to look after him so that he will be well, but then I will spend most of have an interest in disability know of Rosalie’s my life looking after him. I wouldn’t like that. What will I extraordinary efforts in this field, particularly in relation do? What will happen?’. to Kew Cottages. She wrote to me and said:

The letter finishes by saying: It is some time since I last wrote to you about the concerns that I and many families have for the future of our severely The bill before the house sets out what will happen in intellectually disabled sons and daughters with multiple Victoria’s disability services for upwards of the next 20 years. disabilities. What you and your colleagues say and do now will determine whether or not people with disabilities and their families are Now we are confronted with a new grossly inadequate given better lives. Disability Bill which strikes despair in many hearts as we foresee a bleak future for many disabled people. The Kew The Disability Bill has caused controversy and disharmony. It Cottages Parents Association’s newsletters of February and is subject to significant challenge from different perspectives. March clearly highlight the gross inadequacies of this new It does not have the bipartisan support which has been given bill. to the existing legislation. I am now an old lady. I have long struggled down many At this time we ask that you and your colleagues share the different paths for 50 years always fighting for a fulfilling life love we have for our disabled and non-disabled children. We and better appropriate services for my dear son and his very pray that your hearts may be full of grace. We hope that dependent mates. I have worked hard at many levels, begged, wisdom and truth will prevail. And if it takes time for peace, cajoled, written endless letters and articles, attended equity, justice and bipartisan support to be established for conferences, been interviewed times without number and so Victoria’s disability legislation, please take all the time you on. Occasionally there has been a small degree of success but need. mostly none where it most counts, but always with the DISABILITY BILL

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support of those families of people with very severe I refer to page 11 of the existing Intellectually Disabled disabilities. Persons’ Services Act and section 5, which is headed But now I can no longer charge down those difficult and ‘Statement of principles’. Paragraph (j) states: treacherous paths. However, I want to go to my grave knowing that Victoria has the best possible legislation which it is the responsibility of the State of Victoria to plan, fund, honours and respects the rights of families to determine those ensure the provision of and evaluate services to intellectually important life issues such as accommodation choice for their disabled persons according to the principles stated herein … loved ones. Surely this is not too much to ask from any government of any persuasion. Nothing could be clearer — ‘plan, fund, ensure the provision of and evaluate services according to the Bill, I therefore strongly urge you to ensure that this new principles herein’. If we are going to repeal that harmful bill goes before the Legislation Committee of the upper house. If you so wish, please pass this letter on to your provision, someone needs to show me where in the new parliamentary colleagues. bill that provision is preserved or enhanced or replicated. Unless someone can show me where the I have done that in this manner. She is absolutely right. responsibility of the state of Victoria to plan, fund, She is talking about knowing that Victoria has the best ensure and evaluate is in the new bill, we are not possible legislation which honours and respects the enhancing the legislation to bring us forward into the rights of families and the disabled themselves. years ahead. Without such a provision we are taking away something that is a cornerstone of the original act. I have absolutely no doubt that that is the desire of the government. I have absolutely no doubt that it is the Hon. P. R. Hall — We are sidestepping our desire of The Nationals and I stand here and say there is responsibilities. no doubt that it is our desire as well. We have unanimity of view about Victoria maintaining its status Hon. BILL FORWOOD — Sidestepping our as having the best legislation available. That is what the responsibilities. As Mr Hall says, this is our Minister for Community Services, Ms Garbutt, in responsibility. We are the legislators. In the end it does another place said in her second-reading speech. She not matter what the department says, it does not matter said that in 1986 we had leading-edge, groundbreaking what parliamentary draftsmen draft, it matters what we legislation, and she was right. We were the envy of the pass through this place. It is for that reason that I was world. There were some problems with it. As an aside enthusiastic about the proposal Mr Lenders brought to let me say that one of the problems was we did not do the Standing Orders Committee to establish the what it said. When I was on the intellectual disability Legislation Committee. task force in 1994 I kept saying, ‘Hang on, this says we should have a state plan every three years’. A cynic, which I have been accused of being but I am Section 15(1) of the act states: not, would say this has happened because in the next Parliament it is possible that the numbers might be tight The Minister must ensure that there is prepared at 3 year and we will need a system that will enable the Council intervals a plan for the development of services for to put a bill off to be studied without disrupting the intellectually disabled persons in Victoria. ongoing, day-to-day work of the Council. This forum of It goes on to detail in section 15(2) what a state plan six members nominated by the Council, as near as must do and says the state plan should be reviewed possible in proportion to the numbers in the house, is a annually and where appropriate. In the committee I was good way of providing a situation where there can be on I kept asking, ‘The act says this, how come we are the give and take required to ensure that legislation in not doing it?’. I see a nod from an honourable member those times of tight numbers will be able to progress opposite. If there is legislation that tells the government sensibly. to do something, of course it should do that, but it did not. As everybody knows, what we have before the Honourable members here, and Mr Baxter in particular, house now is a state plan that goes for 10 years from will remember the days when the government did not 2002 to 2012. This is in contravention of the existing have the numbers in this place, and for contentious act, although the bill deems it to be in accordance with legislation to be passed there was argy-bargy. The it. It then says that in 2013 we will have a new state classic example was the legislation that established plan. I do not object to that. However, I think that if we VicHealth. There were extraordinary negotiations are going to repeal this act and the Disability Services behind the scenes which led to the implementation of Act it is important that we ensure that what we are that piece of legislation, which has served Victoria well. bringing in is better. There does not seem to be any I am delighted that I can speak here today knowing that unanimity on that issue at all. I will later on go through this piece of legislation is going to the committee under some of the reasons I think that is the case. DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1287 the system we are trialling. There is no doubt about it; to me by the people whose names I read out when I was we have resolved as a house that this piece of talking about various aspects of the bill. One of them, legislation will go to the committee. There is no doubt for example, goes to the definition of ‘disability’. that in these circumstances we have the capacity to work through the issues in that forum and come to the If you turn to the bill and look at the definitions clause best result possible, which is what Rosalie Trower has on page 4, you will see that it gives a particular asked of us and what Margaret Ryan suggested in her definition: letter to me. In the end we have the capacity to do that. “disability” in relation to a person means —

In the other house the opposition and The Nationals (a) a sensory, physical or neurological impairment or moved a reasoned amendment seeking to delay the bill acquired brain injury or any combination thereof, for three months. That got rolled — and I am not which — surprised — but even if it had been passed, there was (i) is, or is likely to be, permanent — no guarantee that anything would be done in the three-month period during which the bill was et cetera. Members can compare that with the existing adjourned. What we know here is that this piece of definition in the current Intellectually Disability legislation is going to go to a committee of six Services Act. I cannot find it at the moment, but it is members with a lot of goodwill, a committee on which very similar. The point I am trying to make is that in the Mr Drum and I will be serving. Members in this place period since the original act was passed considerable who have been here a while will know that Mr Drum thought and work has been put into such definitions, and I have an interest in this topic, and they know that and now we can get various definitions of the word there will be the opportunity for us to deal with issues ‘disability’ from sources such as the Productivity on a clause-by-clause basis. Commission, the Australian Institute of Health and Welfare and from international work as well. Not all of Sessional orders 42 to 63 are now available, and them would agree with this definition, so one of the sessional order 52 very clearly sets out the procedure things the committee could do if it wished would be to for consideration of a bill. It states: explore the definition of ‘disability’, because a whole (1) The committee must consider each bill in the following lot of other things throughout the bill will later rely on order: that definition.

(a) clauses separately and in numerical order; I am delighted that the committee now exists and that it will have the capacity to consider in real detail the (b) proposed new clauses; legislation that is before us. Hopefully we will get a (c) the schedules separately and in numerical order; better outcome for the people whom I spoke about at the beginning of my contribution to the debate, the (d) proposed new schedules; people who are most affected by this legislation: (e) the preamble (if any); disabled people and their families and carers.

(f) long title; I will touch on some of the issues to do with disability and how the bill actually works, but before I do so I (g) short title. want to put on the record some statistics. I have here the Disability Support Services 2003–04 document As I mentioned during the discussion on Mr hall’s point produced by the Australian Institute of Health and of order on how it will operate, sessional order 52(3) Welfare, which gives national data on services provided says: under the commonwealth-state-territory disability The minister, minister representing or such other persons agreement. nominated by the minister or member in charge of the bill may give evidence to the committee. I seek the leave of the house to have a table incorporated in Hansard. I have circulated it and have It will be recorded by Hansard. It is going to be done in the agreement of Hansard and the Leader of the public, probably in this chamber, and what I will be Government — everybody but The Nationals, whom I looking for in that committee is the capacity for me or forgot to ask — and I am happy to make this document other members of the committee to say, ‘I have available. received this communication, which states this. What is the response? How does the bill affect that?’. There are Leave granted; see table page 1314. so many examples I could use which have been given DISABILITY BILL

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Hon. BILL FORWOOD — It is headed ‘Current Intellectually Disabled Persons’ Services Act — is that disability statistics’ and relates only to Victoria. At the its statement of principles at section 5(o) says: bottom it says: … families of intellectually disabled persons have an Table prepared by Bill Forwood, from information extracted important role to play in supporting, and encouraging the from the Australian Institute of Health and Welfare: disability development of, a family member with an intellectual support services 2003–2004. disability. There are a number of tables from which this has been The current act recognises the role of families and their: extracted, but it is all available in the document. What I … important role …in supporting, and encouraging the think is interesting — and bear these statistics in mind development of, a family member … in relation to the bill before the house — is that with regard to accommodation, in Victoria the number of The task force report the member for Brighton in the service users is 12 989 out of a potential population of other place, Ms Asher, and I were involved in about 165 000. In other words there are 78.6 users per producing such a long time ago — 12 years ago now, thousand of potential population. By any measure there back in 1994 — was produced with terrific assistance is a significant unmet need. from members of the bureaucracy at the time. I travelled through country Victoria with Judy Hind. We Turning to community support, the number of service visited Stawell and Woodbine and other places. The users is 28 485 out of a potential population of about recommendations were: 165 000. As regards community access, there are 18 441 out of a potential population of about 165 000 or That clients, parents and advocates be extensively consulted 112 service users per 1000 of potential population. In about the deinstitutionalisation of their family members/clients. respite there are 8607 service users out of a potential population of about 51 000 or 168 service users per Often what happens — and I tell members this without thousand of potential user population. Employment is fear of contradiction — is that the families seem to get better, with 18 283 service users out of a potential in the way of the service providers or the Department of population of about 80 000 or 231 service users per Human Services. Sometimes, despite the best will in thousand of potential population. All of these statistics the world, you have situations where the position of the indicate the extent of the issue. Members do not need bureaucrats is considered ahead of the feelings of the me to stress this fact. families. Unless we can demonstrate that the current bill preserves the rights of families and provides The Disability Advisory Council of Victoria is chaired support for the rights of families, we are in danger of by Rhonda Galbally, whom many of us know well, doing away with something that is effective and particularly from her time on VicHealth. Page 2 of her replacing it with something that is not quite as good. submission to the legislation review unit of the Department of Human Services disability services I have absolutely no problem with the focus being on division states: the rights of the individual. We should do everything we can to ensure that those individuals are treated in the In Victoria there are 992 300 people with disabilities, of that 494 100 are aged between 25 to 54 years. The disability rate same way as the rest of society’s members and that they increases with age from 4 per cent of children with a have the same rights and responsibilities as the rest of disability to 41 per cent of people aged 65 to 69 and 92 per society’s members. But I know of disabled people cent of people 90 years and over. Policy needs to be whose capacities are somewhat limited and who, developed to encompass whole-of-government action, without the support of their families and carers, have no importantly taking account of the ageing population. Currently only 45 000 people with disabilities access services capacity for any quality of life at all — and some of provided by the disability service division of the Department these people have been on waiting lists for of Human Services. This means that well over 90 per cent of extraordinary periods of time. Some are also in the Victorian citizens with a disability do not have a relationship category that Rosalie Trower speaks about — people with disability services. who have been looked after for 50 years by family I just want to put this in the context of the bill before members who are now getting very old and are very the house, because what the bill before the house does tired and who do not know what to do. Frankly I do not is prescribe the relationships people have with the want to be in a government when 500 or 1000 very old Department of Human Services, with service providers people take their now middle-aged or old disabled and — would you believe it? — with their own children to the Department of Human Services and say, families. One of the things about the current act — the ‘Sorry, your responsibility — we cannot cope any more’. That is where we are going. DISABILITY BILL

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As I said, members can go back to the 1994 report and received it — apparently they had been alerted to it by they will see that in 1994 we were talking about the someone else, which is how they knew about it. same things we are talking about today. The same I resubmitted immediately and confirmation was received of issues still need to be dealt with. As I have said in this receipt. But, in answer to queries: place before, it is not necessarily about throwing money at the issue — although I, like everybody else, think no meetings there needs to be more funding in the sector — but no requests/suggestions for a meeting about planning and about finding one’s way through the morass. no discussions of any type, let alone ‘detailed dialogue’ no response in writing. What concerns me most about the process to date on this legislation is that a raft of people have been putting That is disappointing. I am pleased that we now have forward suggestions and ideas about how we should the capacity through the Legislation Committee to progress this whole system and further the rights of explore some of the issues he raised, which I will detail individuals in the future and that those people have not in a moment. been listened to to the extent they should have been. Hopefully they will get an opportunity one way or the I can now put this document down and pick up the other through the process of the Legislation Committee submission from the Tenants Union of Victoria, which to make a contribution for the future. deals with the rights of people in community residential units according to tenancy law. Let me as an aside tell One such person is Max Jackson. I first came across the house that when I was doing the report in 1994 I Max in the middle of the 1990s when he was the asked why these people should not have rights under director of the southern region of the Department of the Residential Tenancies Act, and I was browbeaten, Human Services. He is better known as having been the cajoled and ultimately persuaded that it was not a good head of Kew Cottages, as it was then known, for nine idea because it made life difficult for the department. years. His CV is impressive. He was on Araluen’s What every person interested in this field now knows is board and he was the immediate past chair of Special that in 2004 the Minister for Community Services in Olympics Victoria. He has particular skills. To the best the other place, the Honourable Sherryl Garbutt, gave a of my knowledge he does not have family members commitment to the sector that those rights would be with disabilities, but he has been involved with this given to disabled people. Guess what happened? I sector for a very long time in his working life, and he assume the same bureaucrats who got to me also got to still operates in the area. her, and it did not happen.

He put in a submission in relation to the bill before the Equally, I can pick up the correspondence from the house that I plan to go through in a little bit of detail in Tenants Union of Victoria and quote its response to me, a moment. What I want to share with the house is an which was, ‘No, none of the suggestions we made to exchange of emails that he and I had. I wrote to him a the government were adopted either’. Or I could go to couple of days ago and said: the document prepared by the Council of Intellectual Disability Agencies (CIDA) and pick up the submission Max, I am currently writing my speech for the debate next by Sue Jackson, the chief executive officer (CEO). I week. I am very keen to be accurate about what I say about the consultation process’. make the point that Margaret Box, who was the then CEO of CIDA, was on the committee with which the On 23 December … you forwarded to me your 24-page member for Brighton in the other place, Louise Asher, detailed analysis and response to the exposure draft paper. and I also worked in 1994. Sue Jackson said that she What I am very keen to know is the fate of that document. met with Arthur Rogers on 25 January and they Did anyone meet with you? Did someone actually sit down discussed a number of the 45 recommendations in with you and discuss the issues that you raised one by one? CIDA’s response. She detailed to me the government’s Was there genuine dialogue about addressing each of the response. She said they agreed at that meeting that: matters which you raised? Did you get a detailed response in writing? Arthur would arrange a further meeting with me to discuss in more detail CIDA’s recommendations, especially those I look forward to hearing from you. related to individual planning and access to services. This further meeting did not take place. Ultimately I received a This is the response I got: phone call from Arthur Rogers advising that he had just received back from parliamentary counsel a voluminous Although my response went into DHS on 23 December 2005 document which the department was working through. I was contacted by them in January to say they had not However, as the bill would be introduced into Parliament the following week there would not be time for further DISABILITY BILL

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amendments before its introduction. We have not received a Hon. D. K. Drum — No. detailed written response to our recommendations. Hon. BILL FORWOOD — No. The next one is: This is the peak body. It made 45 recommendations. I know this government has on the record the process it Test 3 — A truly independent complaints and review has followed the whole way through in arriving at the mechanism — bill before the house. But what it has not done to my satisfaction or to the satisfaction of the raft of people to I could go into this particular aspect in detail. If you whom I have referred is explain why it chose the path it follow it through, in the end the complaints mechanism did instead of undertaking some of the suggestions that ends up being controlled by the minister. I do not were made to it. That is what the Legislation dispute that there are other steps along the way, but in Committee will give us the capacity to do. I really look the end that is where it ends up. It says: forward to going through that. Should disability legislation establish a complaints mechanism that is truly independent of the minister? An honourable member interjected. The answer is yes, but does the draft bill do that? The Hon. BILL FORWOOD — I am afraid an hour is answer is no. But there is a model, and that is the not nearly enough, and I apologise to all the people who human services commissioner or the health provided me with the information that I am not going to commissioner or somebody like that — what are they get a chance to use today. Let me turn to what Max called? Jackson said in his submission. His submission argues the case for a total overhaul of the draft bill and gives Hon. Andrea Coote — The health services review seven tests: The submission says: commissioner.

This is argued on the basis that the efficacy of the legislation Hon. BILL FORWOOD — The health services will not be judged on the length of consultation, the review commissioner is more independent than the documentation that went before it or the speed with which the bill is progressed through Parliament. But it will be judged on model that is being proposed in the bill before the one real test — does it truly commit the government of the house. The next one is: day to funding and supporting the needs of people with a disability and protecting their rights? Test 4 — A commitment to families I do not have a problem with that. I think we all agree Should disability legislation maximise the opportunity for input of supportive family units and acknowledge their role? with that. It is about having the best legislation possible. His submission continues on with his seven tests. It And the answer is yes. Margaret Ryan sent me says: something a while ago that talks about the role of families in this legislation. Test 1 — A commitment to funding

Should disability legislation commit the government of the The point that Margaret Ryan made was that there was day to funding the service needs of eligible people with a very little mention of families at all, or parents. I think disability? she said that disabled people are now orphans, or words to that effect. So Max Jackson’s test is: should it Hon. D. K. Drum — Yes. ‘maximise the opportunity for input of’ persons. Of Hon. BILL FORWOOD — Yes. course it should, but this draft bill does not. The next one is: Hon. D. K. Drum — Does the bill do it? Test 5 — A commitment to children and young persons.

Hon. BILL FORWOOD — No. The submission Should disability legislation provide specific references to goes on: services and supports that may be required and provided to children … And, should it acknowledge the role and Test 2 — A commitment to a right to service — responsibilities of parents of children and young persons with a disability? I talked about this earlier — Of course it should, but it does not do it. Should disability legislation establish, for eligible people with a disability, a right to service? Max Jackson’s test 6 is a commitment to people with dual disabilities. I could go to the document from the Yes, and the current legislation does. Does the draft bill Mental Health Legal Centre where, again, this matter do this? has not been dealt with, and I could take you back to DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1291 the report in 1994 that I was involved in when we dealt absence — directions by VCAT; clauses 158 to 162, with this. I am pleased to see that two of the genuinely review of security residents by VCAT and special concerned architects of the legislation before the house, leave. people whom I know have real input into the legislation that is before the house, are present to hear the last little There are a lot of different bits of this and what we need bit of my contribution, and I am sure they will read the is some sort of streamlined process so that people can rest of it as well. I do not doubt their goodwill, but what actually understand how the process works — an easy I am not sure of is whether we have got the legislation way in, an easy way out. That is crucial. I was entirely right. I would be happy to sit down any time, disappointed by the fact that there was no capacity any place, with anyone and debate those issues, but I through the timing of this particular piece of legislation look forward to doing it in the Legislation Committee for people such as Max to have their concerns listened soon. to and adumbrated and dealt with in detail. I make the same point in relation to the Council of Intellectual I turn to the last thing that Max said in his paper: Disability Agencies, the Tregales and the autism people. If the government can explain why it thinks Test 7 — The establishment of a logical and clearly defined these issues are satisfactorily covered, then we would set of pathways. like to hear it. That is the fundamental issue we are Should disability legislation establish a logical and clearly dealing with and what we are really looking forward to defined set of pathways for assessment, service provision and doing in the upper house Legislation Committee. review, and complaints investigation and determination? I have told Mr Viney that I intend to make available to The answer is obviously yes, but Max has asserted that the disability services division of the Department of it does not happen. If I had the time I would turn to Human Services and to the parliamentary secretary who Max’s assessment under test 7. He stated: has responsibility for the carriage of the bill some of An often heard complaint by people with a disability, their these documents which have come to me — which I families and service providers is that the pathways into, and suspect Mr Viney already has because I got some of within, the disability service system are complex and them from the DHS web site — and that I will be confusing. saying to them in the committee, ‘This is the argument I know the intention is that should not be the case, but I that is put in relation to’ whatever it might be. am not convinced that the bill before the house is right. I refer to the Transport Accident Commission, which is What I would like to do — and I am sure Max would a government body, and I have got its submission. I have liked someone to do it — is to sit down with the spoke to the TAC yesterday, as the minister knows. structure that he has suggested and talk about whether What the TAC said in its particular contribution can be or not this is better than the one that is proposed summarised accurately by saying it has a concern that through this legislation. there could be a community residential unit with four In his submission in response to the exposure draft of people in it: three of those people may be funded the bill, Max listed the following: clause 8(d), role and through Human Services and one may be funded function of the secretary; clauses 11, 12 and 13, through the TAC. As the TAC, I am informed, Victorian Disability Advisory Council; clauses 14, 16 understands the process, those four people in the house and 17, disability services commissioner; clauses 20, 21 do not all have the same rights or responsibilities. and 22, Disability Services Board; clauses 23, 24, 25 Hon. D. K. Drum — Or packages! and 26, senior practitioner; clauses 28, 29, 30 and 31, community visitors; clause 32, Community Visitors Hon. BILL FORWOOD — Or packages! In these Board; clauses 70 to 88, residential services and circumstances one would think that there needs to be Victorian Civil and Administrative Tribunal (VCAT) some comparability of rights and responsibilities. I involvement; clauses 102 to 123, complaints to know because its recommendations are as follows: disability services commissioner; clauses 124, 125 and 126, visits by community visitors; clauses 131, 132 and The TAC recommends that as the rights and protections 133, reference — senior practitioner; clause 134, enshrined in the bill are such fundamental rights, they should be applicable and enforceable for all people with a disability independent person and public advocate; clause 135, regardless of their source of funding for services. powers of the public advocate; clauses 136(b) and 137, application to and review by VCAT; clauses 144 to As a matter of principle I agree with that. I think it is 147, review of treatment plans by VCAT, annual very hard to argue against it, but that appears to be the review of treatment plans by VCAT and leave of case. The second recommendation was: DISABILITY BILL

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That should recommendation 1 not be accepted, the TAC Basically a person who cannot rationalise and advocate their asks that consideration be given to the inclusion of a own needs will now have to take the same chances as provision in the bill that expressly states that the bill applies everybody else, which, of course, means the failure of this bill only to disability services funded by DHS and disability to provide legislative supports will place the onus of service providers who are in receipt of funding from DHS. responsibility squarely back on the parents/carers’ shoulders. To my knowledge that has not happened either. If it has Parents/carers of people with dependent disabilities are happened, can somebody show me where? Let us take citizens with little value except to be used as ‘free lifelong labour’ by an indifferent community whose eyes glaze over the bill to the committee and look at it. My great as soon as the word ‘disability’ is mentioned. concern is that a raft of these sorts of issues has not been dealt with to my satisfaction. I understand the bill She went on to say: a fair amount, but I do not understand it nearly as well as Jean Tops or Margaret Ryan or the people from the Steve Bracks, if you are determined not to pay for disability supports then you have a moral responsibility to refuse to sign Mental Health Legal Centre or the people from the the next Commonwealth State and Territory Disability Tenants Union of Victoria, or particularly the people Agreement and return the agreement and the onus on services from CIDA with whom I dealt earlier or for that matter back to where they should belong — to a resource-rich the Kew cottages people. federal government …

I wish to put a couple of emails and letters on the People understand that one of the acts this legislation record. The first email was sent to me by Jean Tops, repeals is the Disability Services Act, which was who said in her introductory comments: brought into place solely to provide for the relationship between the federal government and the state If you do nothing else … please make sure you get on government over the provision of services and their record … the government’s intention to proclaim some funding. If that is what some people are concerned residential services as ‘institutions’ without any definition, about, then it is another matter we need to take on without any limitations and without any explanation of what ‘proclamation’ means … board, and the Legislation Committee will have the capacity to do that. It is clear that if this rule is allowed to stand, a future minister may declare every CRU as an institution thus excluding any The second letter is from Deborah Edwards in further need for government to provide any bricks and mortar Queensland, who said: in the future!!! As a mother and carer of my disabled son for the past This is so bizarre and such an outrage and so discriminatory. 27 years I am shocked at the total lack of regard Victoria’s proposed new Disability Bill seems to show for the people I am absolutely convinced that that is not the intention who do the most to support people with disabilities in this of the legislation. I am absolutely convinced that if I country — their families. had half an hour with the head of the disability services division or the minister’s parliamentary secretary, we These families are very often forced to make huge sacrifices to give their loved ones the opportunity to walk through this would be able to satisfactorily explain how it works to hard world with the support and love they need. The families the extent that that particular concern would be achieve this not due to government support, but in spite of the assuaged. That is one of the issues that needs to be lack of it. We are some of the least valued members of society addressed. in Australia, and we all know it. Your proposed Disability Bill reinforces that knowledge.

I want to get back to where I started. This legislation is As well as the emotional and financial hurdles we live with, about people, and it is about Victoria maintaining its we are constantly imposed upon by a system that wants us to status as having the best legislation in this particular do all the work but to have no legal rights in any decisions area. The first letter I want to read is from Nell Brown, that are of crucial importance to ourselves and the life that we the National Carers Coalition Coordinator and a New are expected to live, by a system that does not recognise the level of unmet needs in this society. Bureaucrats and service South Wales carer. She said: providers already have much more right to impose upon our lives than they deserve. If this draconian legislation is allowed If the intellectually disabled have fared badly in the state of to pass, the already exhausted and fed-up families affected by Victoria prior to last week, from now on they will be it may be pushed beyond their limits. The support will still whistling in the wind for services. need to be provided by someone — who will it be?

A new Disability Bill was passed this week saying that Onya Victoria, the rest of Australia is watching, hoping we Victoria will concede a better future for the physically and don’t end up following you into the Dark Ages. sensory disabled person with fully functioning intellect, who is able to self-determine their living needs, but for the Sitting suspended 6.31 p.m. until 8.05 p.m. intellectually disabled, little concessions for their compromised intellectual function. DISABILITY BILL

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Hon. BILL FORWOOD — In the last 5 minutes occur for us — that is, that at the end of this allowed to me under the rules that shut me up after second-reading debate this piece of legislation, by 1 hour, let me finish by quoting the parliamentary motion of the government, will go to the Legislation secretary, who at the end of his contribution to debate in Committee, and in that committee we will have the the other place said: opportunity to ensure that all of the problems that have been outlined by the various people I mentioned earlier, In conclusion, we give assurances to the sector that this is and by Jean Tops from the Gippsland Carers good legislation … Association whom I just mentioned, will be addressed. I am happy to accept that the member for Derrimut in We will have the opportunity before this piece of the other place, Mr Languiller, thinks it is good legislation passes this house to ensure that we have got legislation, but I point out to him and to the rest of the it right. house that a raft of other people are concerned about its implications. While I do not doubt the bona fides of his The responsibility is ours. It does not belong with efforts, I do say that we do not know yet that this is anybody else. It does not belong with the bureaucrats or good legislation, and it is too important to take a risk the not-for-profit sector. The responsibility for getting on. When this bill goes off to the Legislation legislation right in this place belongs to the legislators. Committee of the upper house, I look forward to a It belongs to us, no matter which party we are a really positive response from the government so that we member of, no matter which house we are in. At the can have bipartisan legislation which sets the next end of the day we need to be able to say that we generation on this legislation, that gives us legislation considered 212 pages of legislation in this particular that we are confident in for the next 20 years, before we bill, we know that it is right and that what it will do is repeal the groundbreaking legislation from 1986, the make the lives of disabled Victorians and the lives of Intellectually Disabled Persons’ Services Act and the the carers, the lives of the service providers better that Disability Services Act which followed it. This they were before we started. Until we can confidently legislation, as I said at the outset of my contribution, is say that, we should not pass this legislation. It is for that about people. It is about disabled people, their families, reason that we will oppose this bill on its second their carers and so many other people in the sector, and reading, but we look forward to seeing it in the it is too important for us to get wrong. At the end of the committee and ensuring — — day it is the legislators — the members of this house, The PRESIDENT — Order! The honourable the members of the other house — who will have member’s time has expired. responsibility for what passes this place. Hon. D. K. DRUM (North Western) — At the I recently received from Jean Tops of the Gippsland outset I want to commend the Honourable Bill Carers Association some more information about her Forwood for the — — views on this particular bill. She said: Hon. T. C. Theophanous interjected. The new legislation if passed in its present form will:

ensure that people with disabilities have their rights Hon. D. K. DRUM — If the minister had been in violated and their access to services curtailed; the chamber for the other 55 minutes of the debate, he might have heard one of the better speeches of the year, guarantee that the system is more complex and less accessible; but obviously he was not.

perpetuate ‘age discrimination’ in the living choices of Hon. R. G. Mitchell interjected. disabled Victorians aged less than 65; Hon. D. K. DRUM — Mr Mitchell, you are never exclude people with dual disabilities diagnosed with a here, because you are just a lazy prick! psychiatric disorder;

alienate unpaid family carers; The PRESIDENT — Order! The Honourable Damian Drum has been in this chamber long enough to place people with dependent disabilities at very real risk know that is highly unparliamentary language. I ask that caring families will stop caring. him to withdraw. I know that is not the government’s intention, I know it is not the intention of The Nationals, and I know it is Hon. D. K. DRUM — I withdraw. not our intention, but there have been no guarantees that We have this highly emotional bill before the house, the legislation before the house will not do all of those and it is crucial that we get the most important aspects things. There is a generational opportunity about to DISABILITY BILL

1294 COUNCIL Wednesday, 5 April 2006 of it on the record. It is an emotional topic, because as The process the government has gone through in order legislators we have an opportunity to do something to achieve this bill needs to be compared to the federal significant or to do nothing if we want. The choice is up government’s process when it wanted to revamp the to us. But this is something that affects Disability Discrimination Act 1992. The time lines for 700 000 disabled people in this state, their siblings and the two bills have been roughly similar. The federal other members of their families and their carers. It government process started in February 2003 and went affects all the people who are receiving the services and for about 12 to 16 months, and in that time it held all the people who are not. As Mr Forwood has said public forums and hearings right around Australia. The time and again, it is up to us as legislators to be transcripts from those forums and hearings were posted responsible for our actions. The legislation that is on the web site after every meeting. The already in place has achieved many outcomes, but it has recommendations that derived from those hearings and fallen short. It is up to us, as we get rid of that forums were made public for anybody that wanted to legislation and bring in new legislation, to ensure that take notice of them. we are not throwing the baby out with the bathwater. People whom we have asked to appear as witnesses to This bill makes reforms concerning the rights and give evidence on this bill to the Legislation Committee responsibilities of people with disabilities and is based were able to meet the federal government’s hearing on a recognition that it requires support from across the panel and give an hour of their time to help the government sector and within the community. That government formulate a better Disability support has certainly has been questioned by those who Discrimination Act. All the information, data, research have the most immediate involvement in the disability and recommendations collected by the federal sector. The bill repeals the Intellectually Disabled government have been made available for public Persons’ Services Act 1986 and the Disability Services viewing, so that if politicians in the future are looking Act 1991, and amends 19 other acts. The plan to review to make further changes to the Disability the two existing pieces of legislation was released in Discrimination Act they are available and the September 2002. The discussion paper was released in politicians can see the work done at the earlier time and May 2003, and it was followed by statewide can use that as a baseline from which to move forward. consultation. The recommendations from that were released in October 2004. In Victoria all the work done by the group has been kept behind closed doors. We have not been privy to I would like to talk a little bit about that consultation any of the recommendations. No reports have been process later on. There are some real concerns about the presented. When the government was preparing — — way it was all handled and the poor way the government went about it. Phase 1, the discussion Mr Viney interjected. paper, was released in May 2003. Phase 2, the recommendations report, was put out in October 2004. Hon. D. K. DRUM — Mr Viney says there was The exposure draft was released in November 2005 and public consultation around the state, but we did not see the government gave the entire disability sector a period the transcripts. We did not see any of the of about three weeks to respond. This was at the end of recommendations that came from those public hearings. the year, when people were about to go on holiday from We did not see any of the research or data that came out work or school. of those hearings. There were no recommendations and no final report. People had three weeks to look at the enormous exposure draft, try to make sense of it and make An honourable member — Did anyone else see submissions to the government for it to supposedly take them? notice of. It was an amazingly callous decision by the Hon. D. K. DRUM — No-one was allowed to see government to release the exposure draft at that time them. The government was given two reports, and it and to demand that submissions be made within a very claims that they are cabinet-in-confidence so no-one short space of time at a very inappropriate time of year. was able to see anything reported by the panel hearing We asked for an extension until at least the end of until we saw an exposure draft, which we received just February, and hopefully the end of March. We were not on Christmas when we were given three weeks to put in successful, but we received an extension through the our submissions in order to try to make a difference. holiday period. The closing time was the middle of These are contrasting styles from two different January, when departmental executives were returning governments. This government, which continually from their holidays. DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1295 prides itself on being open and accountable, has acted As Mr Forwood obviously did, I spent a lot of time in a most secretive manner in preparing this draft. reading the submission from Max Jackson. He put forward seven tests in relation to the bill, and although I have given notice of my intention to put a motion Mr Forwood has already mentioned them I would like before the house in the hope that we can get three to mention them again. Mr Jackson asked whether the expert witnesses to give evidence before the Legislation bill should give a commitment to funding. Of course a Committee, but we now hear that the government is not bill on disability should make a commitment to keen for that evidence to be given. Again the funding, but does this bill do it? No, it does not. government is using its numbers not to get the best Mr Jackson asked whether we have a commitment to a possible legislation but to make sure it gets this right to service, and the answer is that we do not. Is legislation through the house with a minimum of fuss. there a truly independent complaints and review That is a significant worry. mechanism? A disability bill should be able to put that in place. Does this bill do that — no, it does not. Is Mr Viney interjected. there a commitment to families? I want to talk about Hon. D. K. DRUM — Mr Viney, I agree with that later, but again this bill completely leaves out any Mr Forwood. We would like to see the Legislation respect for families. Is there a commitment to children Committee work, but you and your government are and young people? This bill has no commitment to going the wrong way about it if you are hoping to get children and young people — in fact, it does not even some goodwill in relation to the Legislation Committee mention children or young people. Is there a and the reviewing of bills. commitment to people with dual disability and psychiatric disability and those with a psychiatric Mr Viney — Goodwill goes both ways, Damian! impairment? Again the bill leaves them out in the cold. Is there an establishment of a logical and clearly Hon. D. K. DRUM — I take up Mr Viney’s defined set of pathways? This bill leaves those people interjection. In what way has government goodwill without any sort of pathway whatsoever. been affected by The Nationals? When the exposure draft was first put out Mr Jackson Mr Viney — What are you doing now? called for an extension of the submission timetable until the end of February. Obviously he did not get that. Hon. D. K. DRUM — I am saying that we have When he put in this submission, as has already been gone by the letter of the Standing Orders Committee pointed out in the debate, he received no response from and we have asked for three expert witnesses to help us the government. He understands the industry and has get to the bottom of some of the problems. We have looked at the sector very clearly. In his submission he seen submission after submission stating that there are has tried to show some of the glaring omissions in the problems with the bill, and the government is not bill. prepared to have expert witnesses come before the committee to tell it — — The Kew Cottages Parents Association is another group which has been through the bill and looked at how it Mr Viney interjected. will affect its sector. The association makes up nearly 10 per cent of all those people in Victoria living in Hon. D. K. DRUM — Maybe it is interesting — — shared support accommodation, so it speaks for a The PRESIDENT — Order! This is not question reasonably large percentage of all of those receiving time; it is a debate. Mr Drum should address his accommodation support. It asked some key questions remarks through the Chair and ignore interjections. including: Does the Disability Bill make adequate provisions for people Hon. D. K. DRUM — Thank you, President. I have with an intellectual disability and a decision-making enough humility to understand that I do not have all the incapacity or a major communication impairment? background knowledge on all the issues covered by this bill, and I am going to need the help of experts in order This key group is directly affected by the bill and it has to drill down and get to the bottom of some of these said that the bill does not help it. It asked: issues — and that is a reasonably fair ask. I think it is in Does the Disability Bill guarantee that these individuals will the spirit of the Legislation Committee that we have an receive the services they require in order to achieve the opportunity to bring experts along so they can help us objectives and principles of the act? get to the bottom of some of the issues we are talking about. DISABILITY BILL

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The answer is that it does not. If you look at the this government: either attack Kennett or say the state Victorian State Disability Plan 2002–2012 you see a lot government has increased funding. There is no doubt of rhetoric. that the state government has increased funding, and we have said that all along. The fact is that it has not The actual plan is a good read and, a bit like increased it enough, particularly as in the same amount Mr Forwood was saying earlier, you tend to think that of time the state government’s revenue has nearly you are on the right track if this is the way your doubled. Unless it has doubled the disability sector’s government is approaching these issues. But there is an finances, the disability sector is not getting the same enormous gulf between what is written in the state amount of the pie that it was when the government disability plan and what constitutes government action. came to power, and that is the most important aspect. It seems that whilst the government is quite prepared to put out all the rhetoric that is a good read, what it is If you are going to raise the importance and the priority prepared to do in reality is totally different. Kew of any sector, you have to increase the available money Cottages Parents Association certainly makes those you spend when compared to the pie that you have distinctions in its submission: available. That is something the government has not done. The government can always talk about the Do families/advocates/next of kin have a legislative role in millions of dollars that it has increased spending by the planning and decision-making process? when its budget has doubled in terms of billions of No, they do not. The association says that families are dollars. It does not wash. Can government members put getting left out. their heads on their pillows every night with the thought that they have done as much as they possibly can for Does the Disability Bill permit too much to be decided by this sector? That is what the government has to judge regulations and not enough in legislation? itself on each and every night, because the outcomes This is typical of the type of legislation we see coming certainly are not being met when it comes to the before the house all the time. It is certainly a worry for disability sector in this state. our peak accommodation houses and is something that Mr Viney — It has increased from $580 million to we really need to address. The emphasis has to come $980 million. back to the politicians — to the backbenchers and to the ministers in this chamber who are quite prepared to sit Hon. D. K. DRUM — Yes, but that is not 100 per back and let this legislation go through. Ms Hirsh has cent. Yet your budgets have increased. had some experience in this sector. I wonder how many hard questions Ms Hirsh has asked the ministers on the Mr Viney interjected. funding models, because at the end of the day all this revolves around is the funding. We have the most Hon. D. K. DRUM — That is right, and we inappropriate funding models to deal with the disability acknowledge — — sector — — Honourable members interjecting. Mr Viney — What about the 10 per cent cut under the Kennett government when it came to power? Hon. D. K. DRUM — If Mr Viney wants to keep living in history, he will continue to ignore an Hon. D. McL. Davis — What about the massive outcome-based funding model that is desperately wreck you left the state in? needed for this group.

Hon. D. K. DRUM — Every time we talk about the Mr Viney interjected. inadequate services that are provided in this state to people — — Hon. D. K. DRUM — Until the government acknowledges that it has to put in place — — Honourable members interjecting. Mr Viney interjected. The PRESIDENT — Order! Mr Viney will get his opportunity. If Mr David Davis wants to speak, he The PRESIDENT — Order! Mr Viney! should put his name on the list or otherwise be quiet. Hon. Richard Dalla-Riva — Kick him out! Hon. D. K. DRUM — Every time we talk about the The PRESIDENT — Order! Mr Dalla-Riva! inadequate amount of funding that is available for disability services we get the same old rhetoric from DISABILITY BILL

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Hon. D. K. DRUM — Until the government addressed. The required services will not be provided in realises it has to put in place a population-based funding the community. model that is going to look at the problem at hand and then put in place a funding model that is going to fix Hon. P. R. Hall — We need a per-population this issue, it is going to continue to ignore the problem funding model. and simply say it is spending X amount of millions more in a sector but none of it is based on outcomes. Hon. D. K. DRUM — That is exactly what we need, Mr Hall. It comes back to taking on board the The figures that Mr Forwood presented to the house responsibility and being prepared to ensure that we do earlier tonight make quite stark reading. Mr Forwood not duckshove that responsibility. We must understand had the figures incorporated in Hansard, and I want to that we are the ones who have to pass the legislation. look at them in a different way. In every 1000 people, The bill might be thorough, researched and drafted well 78.6 are in accommodation support. That means that by departments, but effectively it is the 922 of every 1000 people on the waiting list are not parliamentarians in this chamber who will have to pass getting accommodation support — 922 of every 1000 it. We need to take responsibly for that and not hide are missing out. For every 1000 people out there, 828 behind the fact and say, ‘I wrote a letter asking for a are missing out on community support. In a potential better deal. I had an appointment with the Treasurer and population for community access, 889 in every I had a meeting with somebody’. It is not good enough 1000 people out there miss out; 832 in every unless we see some outcomes. 1000 people miss out on respite; and 769 in every 1000 miss out on any form of employment. All I am asking is Some 990 000 Victorians — nearly 20 per cent of the that the government acknowledge that we have got a population — have a disability, over 38 000 of whom serious and substantial problem here and we need to do are children aged between 0 and 15 years. Last year I something about it. It is not just a matter of saying, ‘We had a parliamentary intern produce a research paper on spent an extra $X million on a project. That is surely the availability of early intervention services and the good enough’. It is just not good enough, and we have incidence of autism in regional Victoria. She looked at to continue to do more. what early intervention services were available for children aged 0 to 6. Her report was damning. It The key to it all is a population-based funding model revealed dramatic shortfalls in early intervention which will look at the issue, the population and the services in the region. problems. We have so much more data readily available to us in this state now, and we understand We discovered there is an enormous waiting list for how big the problem is. We understand the services and intervention services. It tears at the heartstrings to see the needs of the disability sector much more clearly parents who have come to see you as their local MP than we ever have in the past, and now we need a break down because they realise there is a window of government that has the courage, the will and the desire opportunity available for autistic children, for children to put in place a funding model that is going to address with global development delay and for children with a the problems. The way we fund the disability sector at whole range of other intellectual disabilities and know the moment is on historical models — that is, how did that every ounce of early intervention and high we fund it last year? How much more can we aggravate intensive schooling in those early years will give out of the system to pay it this year? The following year children a chance of an independent or we will look at what we paid last year and see how semi-independent life yet have to go on a waiting list. If much more we can aggravate out of the system to pay it they do not get that opportunity they see their children this year. regress and the opportunity slipping out the door.

None of the funds allocated to the disability sector are We can fix that tomorrow with an injection of funding. linked to the problem. That is not done with the aged. We can get early intervention services across the state In respect of the aged we understand the problems in tomorrow for not an enormous amount of funding, but the left-hand column and we put in place the necessary it is an area where we need government and opposition funding to look after those vulnerable people in the members to aggravate for a better funding model. We community in the right-hand column. We do not just certainly need people to look at the problem and put in fund in a historical manner and hope the problem will place the appropriate funding levels so that we at least go away, because in the aged sector we know it will not provide for our children in a way that means they can go away. In the disability sector we are effectively definitely have the best life possible. Many of these saying it will go away because the problem will be left families have already been given a life sentence in at home with the ageing carers, and it will not be relation to a family member with a disability, and those DISABILITY BILL

1298 COUNCIL Wednesday, 5 April 2006 life sentences are being played out in many families are discussing today — went along these lines: due around the state. regard must be had to the limited resources available to provide disability services. It said that whenever this I was talking to some dear friends of mine in the government or its agencies were about to deliver any St Arnaud-Wedderburn district only last week about service or had any responsibility to deliver a service, their daughter, who has a number of problems. The due regard had to be given to the amount of money biggest of those problems is that she is autistic and available. self-mutilates. They have to watch a 24 hours a day every day of the year. That means that mum goes to bed Hon. P. R. Hall — Building in an excuse. early and gets only 3 or 4 hours sleep before midnight when her husband then goes to bed. They are both well Hon. D. K. DRUM — The government had a into their 60s. They share the night, slipping in and out built-in mechanism for saying, ‘We understand the of sleep while keeping one eye on the monitor that has problem, but we will not fund it sufficiently and will their daughter in view. The daughter is now well into therefore give half or three-quarters of the required her 40s and they have the keep an eye on her 24 hours a service’. There was enormous political uproar within day in case she self-mutilates. They have had her on a the sector. Nearly every submission that came to my waiting list for years trying to get some form of help or office — there was a pile a foot high — had that as the shared supported accommodation. Unless they are leading element that needed to be addressed. Thank talking to these families on a constant basis it is too goodness the government took that wording out. It easy for parliamentarians to think that the problem is made everybody suspicious about what that sort of out of sight and out of mind. It is out there and it is real. terminology was doing in the bill in the first instance. It We need to be acutely aware of it and to keep ourselves was an issue that caused a lot of suspicion in the sector cognisant of the struggle that all such families are going in towards the drafting of that bill. through on a daily basis. We need to zero in on the lack of open and transparent There are real concerns that this bill will make it more processes by the government in introducing this bill. difficult for families to access services. I hope we can That has created some real issues. No reports were put sit down with the minister at the Legislation Committee forward, and we will have to talk about that in the hearing and go through how it is that families will Legislation Committee. access services they have been getting all these years. A range of problems have been raised by the Council Hon. P. R. Hall — It is a very convoluted process in for Intellectual Disability Agencies, Max Jackson, Jean the bill. Tops, Margaret Ryan and the Kew Cottages Parents Association. We have had to try to work our way Hon. D. K. DRUM — Certainly there are some through an enormous number of issues. Hopefully we parts of the bill, Mr Hall, that are convoluted and there will be able to get through most of those issues when are some parts of the bill that read well, in which the this bill comes before the Legislation Committee. bill says that the agencies will have to come up with a plan that best suits the individual’s needs. That reads Until then I think it is best to let the house know that well, but the problem is, and we keep hearing it from The Nationals will be opposing this bill. We look the agencies when they say, ‘We are not funded forward to having an opportunity to sit down and sufficiently to cover what people need. Individuals will discuss the bill, to drill down into it and investigate come in, sit down, be assessed and we will work out what the government has put before us and why it has what they need. We must then negotiate the family opted to use this terminology. Why is the sector which down. We understand the package they want and need has the greatest amount of understanding of the and we know it is legitimate, but we do not have the industry so opposed to so many parts of this bill? We money so we have to start negotiating them down from need to drill down and find out why that is. Hopefully where they started’. This is the whole problem with we will get the government to realise that this bill has parts of the bill because the government has excused some serious flaws. itself. Mr SCHEFFER (Monash) — Of all the matters There was real sadness about the way the draft bill was that have been raised with me since my election, issues written because the government was effectively taking relating to disability have been by far the most pressing away the responsibility it had to fund this sector to and concerning. I am sure I am no different to other create the outcomes. The wording used in the draft members of the chamber when I say that I have worked bill — thank goodness it was taken out of the bill we with a number of families and local organisations DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1299 which are responsible for the wellbeing of people with and that a change in cultural practice can remove what disabilities. I have made it my business to listen to the had hitherto been experienced as a disadvantage. I concerns raised with me and to communicate them to believe that disadvantage is generally structural and that the government, either directly or by arranging it is a product of cultural practice. meetings between constituents or local organisations and government representatives or departmental As a society we have travelled some distance from the officers. I am sure many of us in this chamber have time when it was acceptable, and seen as unavoidable, visited families who care for loved ones who have for people with disabilities to be excluded from society. disabilities and have seen first hand how their lives are In its worst forms this involved isolating people with affected by the responsibilities they carry. certain culturally identified disabilities in institutions. Certain types of disabilities were pathologised by It is important to recognise that while we have all heard socially accredited experts and this caused untold stories of sadness and frustration, the great love and joy misery to many. In other instances exclusion was that parents, for example, have in those of their children accompanied by genuine charity and well-intentioned who have disabilities can be truly uplifting. Mixed in care, but of course that never substitutes for individual with the challenges and the daily struggle to get a fair rights and self-determination. deal for family members who are in desperate need of personal services, we find the great richness of family There has been significant progress over recent life. I think it is important in this debate to recognise decades. There is increasing understanding of the way and celebrate the many wonderful things that families the lives of people with disabilities are impacted upon and carers do for loved ones with disabilities. by structures that limit their capacity to determine their own lives. The Australian Human Rights and Equal Every week we as members receive many publications Opportunity Commission is working on what it calls and newsletters from different peak organisations and the different areas of life that intersect with disability. It local groups that raise awareness, advocate, fundraise is undertaking important investigations that will help and share the stories of people with disabilities and their make improvements. The range of issues being looked families. I take this opportunity to recognise the work at includes the impact of building codes and access of these organisations that do so much to benefit people standards on the built environment; obtaining casual or with disabilities and their families. Gawith Villa, the permanent rental accommodation or buying land; issues Association for Children with a Disability, Jewish Care, relating to the design and building of houses; access to Vision Australia, Mecwa, Yooralla, Scope, Impact, and participation in the arts; access to holiday Bayley House and the Disability Network are examples destinations; access to technology including of local organisations in Monash Province that provide telecommunications and the Internet; education; health wonderful support services to families. services; goods and services; public transport; sport; and access to justice and electoral participation. Recognition should also be given to the many thousands of citizens with disabilities who lead full and The Disability Bill should be considered in this broad rich lives and who give so much to the general context. Fundamentally the bill is concerned with community and the betterment of other people with human rights. Its purposes are clear: to make sure disabilities. A disability, a difference, is an element of people with disabilities are fully included and one’s identity. It widens and enriches perception and participate in the general community, and that the allows for experiences not available to people who do Victorian government and its departments practically not have a disability. People with disabilities have support that inclusion and participation. The bill is throughout history profoundly transformed human based on a number of key principles that articulate the understanding despite and because of their disabilities. rights and responsibilities that people with disabilities have as citizens and that set out the requirements placed It has often been said, and perhaps it is almost a cliché, on disability service providers in their work with people that the way a community responds to people with with disabilities, their families and carers. disabilities is a mark of its civilisation. Understanding individual and group difference is historical. Only in the The bill formalises the role of the Victorian Disability last century or so have we come to understand that the Advisory Council. This is an important development disadvantages experienced by individuals, groups and because it will strengthen the capacity of people with communities are in large part structural and can be disabilities to consult with the community, to identify ameliorated by good public policy. It is only relatively issues, to advocate and build support for their recently that we have come to understand the amelioration and to take recommendations directly to relationship between environments and disadvantage the minister. By prescribing the establishment of the DISABILITY BILL

1300 COUNCIL Wednesday, 5 April 2006 council in this bill the Parliament will enshrine the they are eligible for support. The bill makes sure that rights of people with a disability to participate in all planning support for an individual is in the first place levels of decision making. based on a recognition of the rights of that individual. Plans should also take into account the range of family Similarly, the establishment of the disability services and community support that could be drawn in to help commissioner is an important innovation because it will individuals achieve the best for themselves. enable complaints regarding service providers to be properly heard, conciliated and publicised, and will The bill makes sure that residential services take into enable remedies to be developed that will contribute to account the rights of people with disabilities and that the improvement of service provision. Over the long they understand their obligations and are fully term these functions can significantly empower citizens accountable. Providers are required to inform a person with disabilities and build the capacity of the public to receiving their service of the details of the service, its influence the direction of disability services. cost and any special conditions that apply as well as complaints procedures and their clients’ legal rights. The bill requires the regular preparation of a state disability plan. All Victorian government departments, The bill and the process of its development have been prescribed statutory agencies and statutory corporations both applauded and criticised. Constituents in Monash which do not already have disability action plans will Province have raised a number of matters with me over be required to develop them. the past couple of years. I have listened to the concerns and read the very detailed material that has been The bill introduces greater flexibility into the delivery provided to me by Ms Margaret Ryan and Mr Max of disability services. Planning supports for people with Jackson, both constituents of Monash Province and disabilities has traditionally focused on fitting the passionate local advocates for people with disabilities. person’s needs to predetermined programs and services. Ms Ryan especially will know that I have made a Under the provisions of the Disability Bill planning is number of efforts to ensure that she has been able to put envisaged to take place within a philosophical her case directly to the Parliamentary Secretary for framework that privileges self-determination, Community Services and other members of Parliament, community membership and citizenship. The process and everyone in this house has received detailed engages the person in shaping the supports they need to material from Mrs Jean Tops of the Gippsland Carers realise their goals. People with disabilities will be able Association and from the Council of Intellectual to engage in this process to varying degrees and Disability Agencies. planning will need to be respectful of the needs of family members and carers in the life of the person. The difficulties with the bill that have been raised with me were also dealt with in written submissions in Under the current Intellectually Disabled Persons’ response to the exposure draft, and they include Services Act people with an intellectual disability, concerns over the definition of ‘disability’, the regardless of their individual needs and circumstances, assessment of whether a person has a disability, are required to undergo a general planning process requests for disability services, planning, grievance and conducted by the Department of Human Services to complaints processes, and resources. The purpose of the develop a general service plan. However, under the extensive consultation and submission process was to Disability Services Act people with a disability have review all the details of these arguments. limited access to general planning and where planning does occur it happens only in relation to the provision Notwithstanding this, the issue of the definition of of specific services — a support plan is developed in ‘disability’ was central to the concerns raised with me. relation to a specific service. The government has been clear that the bill does not alter the target group for access to disability services This bill will ease the process by enabling the plan to and provides for a streamlined system to determine emerge out of a negotiated interaction involving whether a person has a disability, rather than the current discussion, agreement and long-term development with system, which is complex and based on the type of the person and their support network. An individual, disability. The bill uses a functional rather than a regardless of their disability, can request planning diagnostic definition of ‘disability’. The chair of the assistance from any provider and the provider must Disability Advisory Council of Victoria, Dr Rhonda make arrangements for this to happen. Where a service Galbally, supports this position. Dr Galbally says: provider does not think that a person has a disability, the person can still have an assessment made by the It is pleasing to see that the government has followed the Department of Human Services to determine whether international trend of moving away from specialist service provision according to diagnosis. DISABILITY BILL

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There have been calls to delay the passage of the bill to Hon. ANDREA COOTE (Monash) — I think if enable further consideration, even though there has there is an emotion that comes to me when speaking on been extensive consultation over nearly three years this bill it is humility, because the people I have dealt involving, as the minister has said, close to with over some time now, who have been lobbying me 1200 individuals and organisations. The about this bill and with whom I have worked are some recommendations and report of the review were of the most admirable people in our community. I thank released in October 2004, and 500 people participated them for sharing some very special and poignant in the follow-up consultations, with 80 organisations moments with me and helping me understand what this submitting written comments. Along with others I bill is about and what we are trying to achieve here. supported calls for the release of the exposure draft and advocated to the minister on behalf of some of my I believe also, and I will reiterate exactly what my constituents that this should happen. The minister colleague the Honourable Bill Forwood said, that this is agreed to release an exposure draft and was then a bill about people. In this place many of us want to use criticised for not allowing more time for community what Mr Scheffer called ‘oral pyrotechnics’. There are response. many people in this place — and I do not count Bill Forwood as one of them — who like the sound of their I note that Julian Gardner, the public advocate, has own voice. This is not about them; it is about making written to the minister expressing his concern about the laws that are going to affect people’s lives now and into calls to delay the passage of the bill. He said there had the future, and it is incumbent upon us to make certain already been extensive consultation and that it is now that these bills reflect exactly what the communities time to act. I agree with Mr Gardner that no doubt some affected by them think. aspects of the bill will need to be further developed, but that is not a reason for delaying the legislation. This bill is a disappointment of monumental proportions. It is a disappointment for the 87 people In conclusion I would like to come back to remarks who made submissions and for the 87 groups who took made by Damian Drum about the level of funding that the time to also make submissions, groups such as the the state has put into disability services. I believe he Australian Council for Rehabilitation of People with claimed that the state had not kept pace with the growth Disabilities, the Council of Intellectual Disability of the economy. Figures that I have indicate that in Agencies, Carers Victoria, the Disability Advisory 1999 the state economy was valued at about Council of Victoria, Scope (Victoria), the Victorian $19 billion, whereas today it is something like Advocacy League for Individuals with Disability, the $30 billion. That is a 55 per cent increase. Over the Victorian Council of Deaf People, Yooralla — the list same period there has been an increase in disability goes on. services from $580 million to $980 million, which is a 73 per cent increase. These people spent a considerable amount of time and effort in putting together submissions, and the Lastly, amid Bill Forwood’s astonishing remarks and submissions were dealt with in a cavalier and very his usual oral pyrotechnics he made available a chart expedient manner. But this bill is also disappointing for that is very difficult to follow. I looked at the range of all Victorians who care about the disabled in our figures, and as the Minister for Energy Industries said community; it is a disappointment for the disability earlier, there is no trend line which shows the relative sector; and most of all it is a disappointment for every weighting of the different data that he gives, nor does individual who has a disabled child, friend, neighbour he indicate in any way how that works over a period of or family member. No one is happy about this bill; it time. The figures do not compare like with like. and it is has disappointed everyone. It could have done so much. impossible to understand them. It is part of Mr Forwood’s technique in the chamber to circulate a This is the last rite for community services minister, document like this and gesture towards it, but he will Minister Garbutt. She has been a minister who has either refuse or is unable to unpack it so that the house passed through this entire Parliament without having is clearer about what is being argued through the made any impact at all. Sadly for disabled people in figures. If this is raised in later debate I will be intrigued Victoria, she did not excel in the delivery of this bill to see whether it can be explicated for the house. either. She got it wrong. The attempt was good, and as my colleague the Honourable Bill Forwood has said, In short, this is important legislation that will contribute the thrust of the bill was probably in the right direction. to the wellbeing of people with disabilities in Victoria, The problem is that it just does not go far enough. What and I commend it to the house. a disappointment — what a major, major disappointment! DISABILITY BILL

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Minister Garbutt could have presented a bill that of pressure the government capitulated and elongated showed understanding and foresight and addressed the just slightly the time it had made available. problems and challenges of the disability sector for the next decade and beyond, but she did not take that CIDA said about this issue: opportunity. It did not happen. That is the It is our very strong view that substantial redrafting and disappointment that is being reflected. She had a really further development is required. rare opportunity to make a difference, and she has not made a difference. That would not be able to be done without additional examination of the bill, seeing what is involved, and I will mention individuals who have been involved in greater analysis — and that indeed is what this this area. I would like to put on the record the people government forgot to do or did not spend enough time who have consistently been lobbyists and who I think doing in the first place. have done an exemplary job in alerting the entire Parliament to concerns about this bill. I mention people Carers Victoria also came out and spoke about what it such as Margaret Ryan; Max Jackson, who has been felt was the limited number of people that had spoken about before and who has had a long presented submissions on the bill. Carers Victoria felt association with the Kew Cottages Parents Association; that there was a reason for this, and it felt that the Jean Tops from the Gippsland Carers Association; reason was the very short time line involved. In a letter Helen Johnson from the Gippsland Carers Association, sent by Carers Victoria to the Premier, Minister Garbutt who is also coordinator of the Australian Association and the Parliamentary Secretary for Community for Families of Children with Disability; and George Services, Maria Bohan wrote: Vassilou, a suburban liaison representative for the Walk However, fewer responses may also be an outcome of the a Mile in My Shoes-National Carers Coalition, who very short time lines given for responses to the report, i.e., coordinated the very successful Walk a Mile in My only weeks to read, digest, consult a constituency, and write a Shoes event which took place on the steps of this response. Parliament not so long ago and which was held simultaneously in Canberra to alert politicians and the If this government, including the Minister for community at large to some of the issues regarding Community Services in the other place, Minister carers. At that time we heard some very poignant and Garbutt, had really believed in the philosophy behind moving stories about people who were involved in this this bill, it would have made quite certain that it was out sector. there for it to be dissected, discussed, criticised, pulled to pieces and put back again in the way that it needs to I believe people such as the ones I have spoken about be. But that did not happen, which is a great pity, and it and others, people such as Tony and Heather Tregale is reflected in this bill. and Sue Jackson from the Council of Intellectual Disability Agencies, have dedication, knowledge, Whilst we are debating this bill it is important to passion, strength and intellect that I think is exemplary. understand some of the statistics. There are around 940 000 Victorians with a disability — that is, about We know from this bill that the legislation will one in five persons. Of these, 273 000 have a severe or commence in July 2007, and there has been undue profound disability. There are almost 700 000 carers haste in the way the bill has been discussed and living in households, and there are almost debated. The reality is that the bill was brought out in 94 000 people with disabilities in Victoria who receive haste. The exposure draft was brought out for comment supported assistance from co-resident parents. Some around Christmas time. Each and every one of us in this 50 000 of these people are babies and children, from chamber understands how tense and stressful Christmas newborn to 15 years. There are 389 government and can be, and we are able-bodied and do not have the non-government disability service organisations, each stress of caring for someone who is disabled at what is of which operate at least one service outlet. We are not already a considerably stressful time. People from the talking about small numbers; we are talking about a disability sector who have been so passionate about and very large number of people. I have a particular interest so involved with this bill for such a long time were given that with my aged care portfolio I look into the given a really short time to have a look at the elements problems that ageing parents have when they are of this bill. The draft was brought out just prior to considering what is going to happen to their disabled Christmas, and in all the Christmas rush it was children in the future. They have grave concerns about extremely difficult for those people to analyse it that situation. properly, which was of extreme concern. Very fortunately — and eventually — under a huge amount DISABILITY BILL

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I have only 15 minutes in which to contribute to debate Recommendation 1 is that the bill be proclaimed as the tonight. There is a great deal I could say but my time is Disability Services Act subject to the adoption of the very short. However, I take this opportunity to get on recommendation; otherwise it should be called the the record and into the public arena what some of the Intellectually Disabled and Disabled Persons’ Services peak organisations have said they believe are some of Act. This we know. The next recommendation is that the pitfalls with this bill. It is absolutely vital that we definitions in the legislation be amended to ensure that hear their voice and that we listen to what they have to a reference to a ‘person with a disability’ shall also say so that the government can then make amends for mean a person with an intellectual disability or a what was left out when it was drafting this bill. development delay, and that a reference to a ‘disability service’ shall also mean a service to persons with a I have looked at the submission from the Council of disability, intellectual disability or development delay. Intellectual Disability Agencies (CIDA). I will outline This should have been clarified at the point when the briefly what its concerns are. Its key concerns are that bill was drafted. the bill does not articulate how individuals can access the full range of disability services, in particular higher It is a great pity that issues such as those concerning the intensity services; that the process for accessing definitions have not been properly thought through. services will be more complex, confusing and less This is something that could have easily been done and streamlined for people with intellectual disabilities; that made a big difference. I am running out of time. There poor practice regarding individual planning will result are a number of issues, and I hope we get the from the bill; that the bill involves the loss of the opportunity to have a closer look at them when we go statutory entitlements of people with intellectual into the Legislation Committee. disabilities; that the bill shifts responsibility from government onto non-government service providers; This bill presents some major problems and, as I said at and that the bill allows the government/department to the outset, these problems could have been overcome. It abrogate responsibility for planning for people with is seriously disappointing that the bill does not go far intellectual disabilities and for other areas where enough. The government did not listen to the people responsibility should as a matter of principle and whose lives it is going impact on. It did not have the practice remain with the government. The council adds foresight into the future. It had an opportunity to make a that non-government service providers are by and large very real difference into the future. not funded to fulfil these responsibilities whereas the Department of Human Services currently devotes Overall — and these points have been taken from some considerable resources to this but still has difficulty of the people who have contacted me — the Disability complying with legislative requirements. It also says Bill is deeply flawed because it lacks conceptual clarity that the provisions have the potential to seriously in addressing discrimination and services in the one circumscribe the capacity of the boards of those piece of legislation, and it lacks conceptual integrity in organisations to fulfil their fiduciary and other amalgamating the two pieces of services legislation. responsibilities as directors. Margaret Ryan said: Because of the intrinsically flawed nature of the bill before It is important that this is on the record. We will be them, Victorian MPs have an extremely difficult job. It falls going into a brand-new area when the Legislation to them to accept, reject or amend the Disability Bill 2006 in Committee of this chamber commences its hearings, the knowledge that any legislation which is passed will affect and it is important that the aspects I have just read into the lives of babies, children, young people and adults with disabilities and their families for upwards of the next Hansard are addressed when we get into that 20 years. committee. We want to thrash them out, we want to have a closer look at them, and we want to see how the Sadly tonight we have not been able to broaden this out government will reply to them. to do just that. The Liberal Party’s position is that this bill has been drafted by the Department of Human The Gippsland Carers Association, Jean Tops in Services, not by the disabled. I would like to end with a particular, has given us considerable information in the quote from Jean Tops, who said: submission it put in. It put forward 29 recommendations which were well thought through, Families who provide more than 91 per cent of the supported well articulated and very objective. I will read a few of accommodation and care for over 65 000 Victorian children and adults with severe and profound disabilities are all but those 29 recommendations because I think it is ignored in this legislation, which clearly seeks to give the important to get on the record what its concerns are. Victorian government carte blanche to opt out of responsibility for our most vulnerable citizens. DISABILITY BILL

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I wish this bill good luck as it goes into transition to the this review of legislation took place. I sat alongside next stage — which is in fact historical with the new carers, people with disabilities and service providers to Legislation Committee. I wish it good luck in its discuss some aspects of the current legislation, what its journey through that committee, and I hope out of that deficiencies were and where we should be heading. committee the government can see fit to address some That process started almost three years ago, in May of the mistakes it has made and make a genuine attempt 2003, yet there are still major concerns that need to be at doing something to improve this bill. We are looking addressed. forward to seeing some changes for this sector. This is an opportunity that has been wasted. It has been In accordance with the issue that we need to do more disappointing, and we had hoped for better. work on this to get it right, The Nationals, along with the Liberal Party, moved a reasoned amendment in the Hon. P. R. HALL (Gippsland) — In 15 minutes I Legislative Assembly seeking to defer debate on this do not have much time to canvass the issues in this bill. legislation for a period of three months. That was a It is indeed a significant bill, and that has been further attempt to get the legislation right. recognised by previous speakers. What it does is to Unfortunately that option was rejected by the consolidate aspects of the Intellectually Disabled government. Our next best option therefore is to pursue Persons’ Services Act 1986 and the Disability Services what is now available to members of the Legislative Act 1991 and replace many of those provisions in a Council, and that is to take this legislation to the single act to be called the Disability Act. It is a bill of Legislation Committee and see if we can improve the 250 clauses spread over 230 pages, and in the legislation through that process. 15 minutes available to me I am scarcely going to scratch the surface of some of those provisions within It is my fervent hope that the government of the day the bill, but I intend to use those 15 minutes to embark will enter this process through the Legislation upon a broad-brush description of some of the aspects Committee with some sincerity and will constructively of the bill we have before us tonight and some of the and open-mindedly work towards improving the issues associated with it. legislation. Too often I have seen government representatives sitting in the committee stage being There is absolutely no doubt that this bill will have a very defensive about the legislation they were profound impact on people with disabilities. It will have presenting to the Parliament and not being prepared to a profound impact upon the carers of those people, it listen to arguments or accept and take on board will have a profound impact upon the families of those suggested changes. people and it will also have a significant impact on service providers within the disability sector. More than with any other legislation I know of that has gone through this chamber the government needs to be I go back to one thing the Honourable Bill Forwood open-minded and accepting of change and said in his comments when he stressed the need to get it improvement in respect of this legislation. The process right. Legislation of this nature does in fact need to be that we are about to enter for the first time ever in the right. That is a universal view held by all speakers in 150-year history of this chamber provides the this chamber tonight — members of the government, government with the opportunity to be open-minded the opposition and The Nationals have all stressed the and receptive to change. This is too important not to get need to get it right. People who have publicly it right. It is a golden opportunity for the government to participated in the debate and the review process have show that it is flexible, sincere, open-minded and stressed the importance of getting it right. But I also say prepared to address the deficiencies that currently exist that it is the view of everyone involved in this debate, in the legislation. apart from members of the government, that in its current form this legislation is not right and that it needs We were very disappointed to learn today that the to be addressed. Hopefully there will be processes yet government is not prepared to take on board the motion to be followed that will address those issues. suggested by my colleague the Honourable Damian Drum that would enable expert witnesses to appear It is a bit of a shame that it is not right, because up to before the Legislation Committee to express a view the point where we are today it has been a somewhat about this legislation. If there were ever any legislation lengthy process. The second-reading speech says the that I could think of this where members of the process of developing this legislation started in May Parliament as a whole should personally listen to the 2003. I well know that it did start at that point in time views expressed by experts in the area, this is one. It is because I attended one of the initial meetings held at the an emotional and impassioned area, but it is also a very convention centre in Traralgon where the first phase of complex area, and I would be the first to admit that it is DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1305 difficult to understand the complex processes involved Department of Human Services, the secretary of the in disability legislation and its impact on those with a department and for the Minister for Community disability, the carers, the families and the service Services which are embedded in the bill. providers. I will not have time to go through each of those issues, We need the experts to provide us with this advice. The but access to services is a major issue that should be Parliament would be far better informed had the addressed in the bill. I find it absolutely extraordinary government been prepared to accept Mr Drum’s motion that the processes which enable people with disabilities and allow some of those expert witnesses, such as to access services is made more difficult under this Margaret Ryan, Jean Tops and Max Jackson, who were piece of legislation. Instead of a single point of entry to named in the motion discussed this morning, but I access services through the local Department of Human would say there are probably others we could equally Services regional office, which makes an assessment of well call upon to provide invaluable advice and the disability and the type of service that the people evidence to the legislation review committee. It is need, as applies under the current legislation, under this unfortunate that the government has chosen not to bill a person must first of all make a request for services allow that to occur, and in the absence of that occurring through a disability service provider, and the provider and because of the inability of some of those experts to may chose to agree or disagree that that service is present to the Legislation Committee, I have no required. The person must then undergo an assessment. recourse but to reiterate some of the views of those If the person is refused services because the provider experts who have contacted me in relation to this does not believe they are eligible, the person may go particular piece of legislation, and I will do that. back to the secretary of the department for a reconsideration of those issues. Clause 49(4) under First of all I want to go to the submission made by the division 2 of part 4 on page 58 of the bill clearly spells Council of Intellectual Disability Agencies and talk out the new process. It is a greatly more convoluted about some of the views it has expressed. CIDA is one process than the present one and is a significant of the expert bodies, and we should pay due regard to impediment for people with disabilities who need to its members’ views on this legislation. The executive receive services. I know CIDA has suggested that officer of CIDA, Sue Jackson, wrote to me on division 2 of part 4 of the bill should be redrafted. 21 March — I presume she also wrote to all others in this chamber — expressing views about the Disability CIDA goes on to expand upon four other major areas of Bill in the form it has been presented to Parliament. The deficiencies within the bill. Again I do not have the letter says: time to go through each of those areas.

There is a real danger that people with intellectual disabilities I mentioned before the wish of The Nationals to call could be left worse off — expert witnesses to the Legislation Committee. One of if this legislation were to pass through Parliament. It those mentioned was Jean Tops. Jean is one of my goes on to say: constituents — dearly loved, I might add — whom I have come to know very well over the period I have We are especially concerned by what we consider to be major served in this Parliament. I was elected to Parliament in deficiencies in the sections of the bill which deal with October 1988, and I think I met Jean in November accessing services and individual planning. We are also 1988. She was then a full-time carer with the Latrobe concerned by what appears to be an inappropriate shifting of responsibility from government on to non-government Valley Residential Services Association. Eighteen years disability services in those and other sections of the bill. on she is still a full-time carer, and she does an absolutely magnificent job, but also she does a … magnificent job as an advocate for people with There is no reason for the bill to be rushed through — the act disabilities at the statewide level as well as in her is not scheduled to come into force until July 2007. region. She is also current president of the Gippsland Carers Association, which I think she started. She has In a rather lengthy submission CIDA identifies the five worked tirelessly for people with disabilities both in the major areas that need to be addressed. They are: access Gippsland region and across the state. Jean has also to services, planning, abrogation of key responsibilities contacted many members of Parliament. Her name has by government and inappropriate shifting of been mentioned already, but she also made significant responsibilities from government to non-government submissions in the whole process leading to the bill service providers, inappropriate infringements on the coming before us tonight. corporate sovereignty of non-government organisations, and conflicts of interest for the DISABILITY BILL

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Jean sent me a copy of her response to the exposure real understanding of the needs of people in this state draft Disability Bill. It comprises 19 pages of with disabilities. significant detail. I do not have time to go through all those tonight, but I commend her on the depth and Hon. C. D. HIRSH (Silvan) — To be a parent or a thoroughness of her submission. She also sent me five family member of a person with a disability, especially detailed pages of what she considers to be major flaws a child with a severe disability of any sort, is a great and omissions in the bill, all of which reinforces in my tragedy and is a cause of ongoing grief throughout the mind why we need people like Jean Tops to appear life of the carer. Combined with the love that one has before the Legislation Committee. She has more for one’s family is the need for care of the person. The knowledge than any single member of this chamber and role of the state has changed dramatically. In the last could add much to our deliberations on and century — almost fifty years ago; I could not believe it considerations of the bill. Jean was extensively quoted when I added it up — I went out to visit Kew Cottages in an article that appeared on the front page of the as a student training in special education. I was Latrobe Valley Express of Monday, 27 March, headed horrified to see the residents of Kew Cottages then. I ‘Carers call for new legislation to be scrapped — guess all those residents would be long dead by now disability anger’. Jean Tops is a well-respected citizen because they were adults who were unable to walk, of Gippsland, one that we should be taking notice of. having time outdoors on concrete, suffering from incontinence and having no stimulation at all. Another person for whom I have equal admiration is Margaret Ryan, who has been another long-term I wept copiously and I went into special education after advocate for people with disabilities in this state. Over that and worked in that field for some time, but I will the years Margaret has also made herself readily never forget the horror I experienced at the way we as a available to members of Parliament and has provided us society treated people with intellectual disabilities in with good advice and information on the situation of those days. Some 20 years after that I went to work at Victorian people with disabilities and their needs. I Kew Cottages when it was discovered that these listened with interest to the Honourable Bill Forwood’s so-called ineducable people were perfectly educable at reference to a letter he received from Margaret just a certain level of rights and of development of yesterday. Margaret also wrote to the Latrobe Valley individual learning. I wrote training programs for these Express on Thursday, 30 March. In her letter headed so-called ineducable residents at Kew in the 1970s. ‘Disability Bill angst is far-reaching’ she talked about the whole concept of a family and a carer — those Ms Hadden interjected. people who provide that necessary and invaluable Hon. C. D. HIRSH — In 1986 the state government support to people with disabilities and who are ignored passed the first of an absolute state-of-the art in the bill. She also made the excellent point that no innovative, important piece of legislation, the distinction is made between a person under 18 and an Intellectually Disabled Persons’ Services Bill. I spoke adult person with a disability. It seems that the on that bill on 20 March 1986, and in fact I went to the legislation is deficient in acknowledging the differences library and retrieved a copy of that speech before my between the legal requirements and needs of a child contribution tonight. That legislation was all right, it with a disability and those of an adult with a disability. was great at the time, but it is 20 years old and it is Had I had time I would have quoted some of Margaret archaic. The distance we have come in the 20 years Ryan’s letter, which is worthwhile reading. since we first passed that wonderful Intellectually In conclusion I want to say in the 1 minute left of my Disabled Persons’ Services Bill is absolutely speaking time that like every other speaker from either extraordinary, and there is a need for new legislation. the opposition or The Nationals benches tonight, I That legislation separated intellectual disability from sincerely hope the government will make appropriate mental health. It finally acknowledged that people who use of the Legislation Committee process and not just had an intellectual disability were not mentally ill, they use it as a shop-front exercise. Too often it has had some form of disability that required some kind of happened that the government has embarked upon a extra support and help in order for them to become process — a charade — of consultation and detailed independent people to the best of their ability, living in consideration with no tangible outcome. In this instance society wherever possible. The Labor government in the government has a rare opportunity to fix entrenched power in the 1980s moved people from institutions. It deficiencies in disability legislation, and I sincerely closed the Janefield Training Centre; it closed hope that it grasps that opportunity and for once St Nicholas hospital; it closed a range of institutions matches the rhetoric espoused in the second-reading speech with real action, real consideration, real care and DISABILITY BILL

Wednesday, 5 April 2006 COUNCIL 1307 and began moving people with intellectual disabilities submissions that had been received previously, and all into community residential units. of this work went to inform the current legislation.

Ms Hadden interjected. There has been a lot of discussion about those very caring and very passionate people who have problems Hon. C. D. HIRSH — A very dear friend of mine with the bill. I do not believe those problems are there. who had a daughter at St Nick’s was very troubled — — There is no doubt that Julian Gardner, for example, does suggest that the bill go ahead without delay Ms Hadden interjected. because it represents a significant progressive step in Hon. C. D. HIRSH — I inform the Acting President protecting and promoting the rights of people with a that it is extremely difficult to speak against a barrage disability. It is therefore important that it proceed as of shrieking from the member opposite. soon as possible so that the valuable work on implementation can commence with certainty. Once Ms Hadden — It is a bit hard, the truth, isn’t it, this bill becomes an act there is a great deal of work to when you are flogging off our Crown land and Kew be done between government, non-government Cottages to your developer mates. organisations and the community in preparing those implementation procedures that are necessary for the Hon. C. D. HIRSH — I point out to the Acting bill to start working. President that this is important legislation and the constant barrage of shrieking — — The objectives of the bill say it all. The bill’s objectives are to: The ACTING PRESIDENT (Mr Smith) — Order! I ask the member to direct her comments … facilitate the planning, funding and provision of services, programs and initiatives for persons with a disability … through the Chair. She should continue her contribution and ignore the contribution from the member opposite. …

Hon. C. D. HIRSH — Excuse me, Acting … support the provision of high quality disability services … President, but it is an ongoing shrieking. … make disability service providers accountable to persons accessing those … services … Ms Hadden interjected. … ensure the efficient and effective use of public funds in the The ACTING PRESIDENT (Mr Smith) — provision of disability services. Order! If Ms Hadden wants to contribute to this bill she can in due course and she will be given her opportunity. That last provision cannot be discounted. It would be Until that time I ask her to keep silent. wonderful to pour unlimited funds into this sector — I would love to see it. In fact since the Labor government Hon. C. D. HIRSH — I thank the Acting President came into office it has increased disability funding by very much. I feel fairly upset at this trivialisation of 73 per cent — more than 20 per cent over the growth of such important legislation that is finally taking into the state’s finances. There has been a proportionately account the needs of all people with disabilities, higher increase in funding for disability services. The whether it be an intellectual disability, a physical way we support people with disabilities is important. disability or any other disability. The definition of Instead of treating these people more or less as not ‘disability’ in the bill is consistent with the target group human, as happened half a century ago, we now for the state disability plan from 2002 to 2012 and the recognise that anyone with a disability is a citizen of the requirements of the commonwealth-state territory community, not just a client — — disability agreement. The target group is defined Australia-wide. The DEPUTY PRESIDENT — Order! I am having some difficulty with the noise from members on The background of this legislation is that over the last my left. It is very difficult for Ms Hirsh to continue two years the government has conducted a very with that barrage of background noise. I ask comprehensive review of the disability legislation, Ms Hadden and Mr Hall to give the member speaking a structured in four phases to ensure that the issues and bit more respect. interests of all stakeholders are considered. The release of the exposure draft of the Disability Bill took place as Hon. C. D. HIRSH — This bill is the first real part of phase 3 of the review. After the exposure draft reform of our disability legislation since the was released there were 77 responses. All of this was introduction of the Intellectually Disabled Persons’ taken into account on top of the thousands of Services Act in 1986 by the Cain Labor government of DISABILITY BILL

1308 COUNCIL Wednesday, 5 April 2006 which I was a very proud member. It is always Labor forward with provision for those of us in the governments that reform the system. Nothing happened community who suffer from a disability. in disability services under the Kennett government except cutting and slashing. It is Labor governments Hon. RICHARD DALLA-RIVA (East Yarra) — I that reform. rise to make my contribution on behalf of the Liberal Party — — This government has made Victoria more accessible by mandating disability action plans in all government Hon. C. D. Hirsh interjected. departments so that disability is something that is taken into account across government — there is a The DEPUTY PRESIDENT — Order! Ms Hirsh! whole-of-government approach. It has introduced Hon. RICHARD DALLA-RIVA — I place on Victoria’s first-ever state disability plan outlining a record my disappointment that this bill has not at this stage far-sighted vision for a Victoria where diversity is received unanimous support across the chamber. It is celebrated and where all people, regardless of disability, disappointing because there is a real opportunity, as are included. As I have already said — and it is worth previous speakers have alluded to. There needs to be a saying again — a 73 per cent increase in spending on change in the way that disability has been dealt with in this disability services has occurred since Labor came into state over the last 20 years. It is 20 years since the government in 1999, which is more than 20 per cent Intellectually Disabled Persons’ Services Act was enacted. above the growth of the state’s finances. I think there is a real opportunity now for us to look at the Fundamentally this government has changed the way it way it has been operating. I am disappointed because I delivers supports to people with disabilities, creating a know the Parliamentary Secretary for Community new system where supports are built around the person, Services, the member for Derrimut in the other place, is in rather than the person having to fit into whatever the the gallery taking a direct interest in — — government cares to provide — and 50 years ago this Mr Viney — On a point of order, Deputy President, was a ward with a concrete slab. the member knows he should not refer to people in the Ms Hadden — This is embarrassing. gallery. I ask you to call him to order and to suggest that members should address the chamber and stop Hon. C. D. HIRSH — It was a lot worse than discussing the fact that others are in the gallery or in the embarrassing; it was an absolute tragedy for the box. families — — Hon. RICHARD DALLA-RIVA — I was giving Ms Hadden interjected. him praise, you idiot!

The DEPUTY PRESIDENT — Order! Through The DEPUTY PRESIDENT — Order! The the Chair, Ms Hadden and Ms Hirsh! That is enough member should be aware from the standing orders of across-chamber exchanges. Ms Hirsh has 1 minute this chamber that reference cannot be made to people in 42 seconds in which to complete her speech. the gallery, otherwise it is incumbent on the Chair to have those people removed. I ask Mr Dalla-Riva to Hon. C. D. HIRSH — For the families who had a continue without such reference. child who was born with a disability 20 or 30 years ago and were told by doctors, ‘Put her away, dear, and Hon. RICHARD DALLA-RIVA — I am forget about her’, the tragedy was worse than just disappointed with the interjection, because I was going having a child with a disability and needing to provide to praise the Parliamentary Secretary for Community care for them. Services. We should acknowledge people with a particular interest in this bill. I know people in the What this government has done is provide good, proper disability sector will go in depth through each of our services for people with disabilities right across the speeches. Having read Hansard from the other place I state. I urge members of the opposition and The know there has been constant reference to the member Nationals to ensure that they support this legislation in for Derrimut and his understanding of the sector as the long term. To be honest, as far as Ms Hadden — the opposed to the understanding shown by the minister. Independent member who has been shrieking We have to acknowledge a parliamentary secretary who throughout my contribution — goes, she probably has has an intense interest in this area. By contrast the no idea of what is going on. I commend the bill to the minister has been quite obstructionist. house. I am so pleased that this government is moving DISABILITY BILL

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I note the disgraceful discussions that occurred on about members and their belief systems. I can say quite 29 March in the Legislative Assembly between the honestly that I am probably one of the few people who shadow Minister for Community Services and the has worked in the disability sector. Anyone who has minister when it was quite clear that the minister was ever worked in that sector will understand the still trying to gag the shadow minister during her frustrations that one sees with carers and the like and contribution. The interjections can be read in Hansard. the day-to-day grind that they go through. They go to the very point that the disability sector has been trying to make — that is, that you cannot rush this Mr Viney interjected. process. I am sure that the parliamentary secretary, with his knowledge and his views — given he has had the Hon. RICHARD DALLA-RIVA — They do not role since 2002 — would fully understand the need the additional day-to-day grind, Mr Viney, of frustrations that those in the disability sector, including having to trawl through 242 pages of material and of carers and service providers, have been feeling as a not being backed up by the relevant support result of the consultation process. agencies — —

Without doubt this bill is very important, and I would Ms Hadden — Or the funding! like to say that we support it, but it is difficult to support Hon. RICHARD DALLA-RIVA — Or the a bill when the sector does not give it its full support. funding. But I do not want to get into a debate about the That is what frustrates me. This sector does not need funding issue, because it has been raised many times political point-scoring. before. We will get into the minutiae of the bill in the Hon. C. D. Hirsh — That’s right. It is a pity. committee stage, but for me this is about the underlying principles. This bill has not been properly thought out, Hon. RICHARD DALLA-RIVA — It is a pity, and we have seen that time and again, including Sue Ms Hirsh — and it is a pity that you did not raise the Jackson from the Council of Intellectual Disability concerns of the various organisations that I am sure Agencies, who said the organisation wanted the matter have expressed the very same concerns to you and to adjourned for two months. Carers Victoria has been every other member in this place and in the other place concerned that the bill should be delayed. The Equal about this bill. We can go into great detail about the Opportunity Commission said: bill, and I know we will go to the various clauses when The time frame allowed for public comment about this bill is the bill goes into the committee stage, but for me it is inadequate. the underlying principle of the bill and the fact that we do not seem to understand that consultation needs to be South Gippsland carers groups said: undertaken. The response time to this document highlights the disregard When reading in Hansard the debate in the other place to family carers. I noted an interjection that I want to put on the record The Victorian Council of Social Services said: here which demonstrates some of the belief systems the government has about what it calls the consultation … we strongly urge you to delay the debate on the Disability process. In his contribution in the other place the Bill by two months — member for Rodney referred to the fact that this is a and it goes on. very detailed bill. By way of interjection the member for Melton said that the consultation had taken three What is the rush for the sake of a couple of months and years. It is important to put — — for the sake of the credibility of the minister? The bill will not come into force until 1 July 2007. I cannot see The DEPUTY PRESIDENT — Order! Standing any valid reason, other than the rhetoric of the order 9.14 states that: government, for pushing this through when No member will allude to any debate in the Assembly in the organisations, groups and individuals are saying, same session. ‘Please delay it. We do not disagree with it. There might be some finetuning we need to undertake, so While the member is not quoting from Hansard word please delay it’. I cannot understand why the for word, he is paraphrasing very closely. I remind the government wishes to push this through. member that he must adhere to that standing order. In a letter Margaret Ryan said: Hon. RICHARD DALLA-RIVA — Thank you, Deputy President. I am trying to make a contribution The most telling omission from the Disability Bill 2006 is the omission of the word ‘parent’. LAND (ST KILDA TRIANGLE) BILL

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Parents in the disability sector see their role as crucial to forward to continuing my contribution tomorrow. Let the bill. I accept that the bill is relevant and important me say at the outset — — and should be considered. If it were not for the fact that there has not been enough support given to it by the Business interrupted pursuant to sessional orders. various organisations, I would support the bill. I would say, ‘Yes, let’s move forward. Let’s get it going’. But it is hard for me to stand up here and say, ‘We are going LAND (ST KILDA TRIANGLE) BILL to support it. Don’t worry about the people who have to Introduction and first reading work with it’. Received from Assembly. I do not know whether it has been basically a communication issue, but for some unknown reason we Read first time for Hon. J. M. MADDEN (Minister have got all these organisations vehemently seeking to for Sport and Recreation) on motion of Mr Lenders. have the matter deferred. They are not saying get rid of it. They are saying, ‘Let’s have a look at it in a bit more detail. Let’s not run and close it before Christmas. Let’s ADJOURNMENT look at the situation’. Then we — the opposition, The Nationals, the Labor Party and the Independents — can The DEPUTY PRESIDENT — Order! The move together collectively and say, ‘What a great bill’, question is: as the bill initially was back in 1986 and then in 1991. That the house do now adjourn. We can say, ‘Yes, this is a great bill. Let’s move forward on the Disability Bill. Let’s move forward in Lorne Community Association: building grant understanding people with a vast array of disabilities in our community’. Hon. J. A. VOGELS (Western) — I raise an issue for the Minister for Victorian Communities in the other As I said, I think the parliamentary secretary, the place. It concerns a community building initiative grant member for Derrimut in the other place, has a better applied for by the Lorne Community Association. The and broader understanding of this issue than the association was very happy to hear that its submission minister. Those in this chamber would know that I was successful to the tune of $110 000. However, it is would never support a member from the government surprised and disappointed to now find that even side, but on this occasion I have a responsibility. Given though it is an incorporated association, audited the information I have, I think the parliamentary annually, it will not receive the funding it successfully secretary has a lot more understanding, and if he were applied for. In fact the funds will be administered by the the minister he would be a bit smarter and say, ‘No. Barwon-Corangamite Country Fire Authority. While I Let’s not proceed with that’. Maybe he should be the have the greatest respect for the CFA, what expertise minister, because I think if he were the minister he does it have to bring to the table that is not already would at least sit there and say, ‘Look, I understand the understood by the Lorne Community Association? community groups. I have been out there long enough, and I understand their needs. I am not a fly-by-night, Surely the locals have the skills and knowledge about last-minute minister who has no understanding of the what is needed in the Lorne community. They are very issues and wants to rush it through for the glory of spin grateful that they successfully applied for this grant of and glossy brochures’. $110 000 but now find they are not going to be in charge of this grant. It is going to go to the Barwon That is a disappointing point that I had to raise, and regional CFA. I would have thought the CFA would be unfortunately on that basis I am going to have to say flat out applying for its own funding without worrying that I do not support the bill. It is not that I do not about what the Lorne community is doing. If a steering support what the bill is intended to do; I do not support committee is to be appointed to oversee the the bill in the sense that it has failed to engage the disbursement of this grant, will members of the Lorne various people who need to be engaged to work with Community Association make up the majority of its the bill and work with the government and say, ‘Yes, membership and therefore also the chairmanship? this is a great opportunity for us to move forward into this century with people who have mild, severe or The action I seek from the minister is to make sure that whatever disabilities’. For that I am truly sad. the moneys granted by his department for community building at Lorne is given to the successful Mr VINEY (Chelsea) — I appreciate the applicants — that is, the Lorne Community opportunity to speak on this bill, and I am looking Association. If its submission and application were ADJOURNMENT

Wednesday, 5 April 2006 COUNCIL 1311 good enough to gain approval from the minister’s government because they put it into power, and the department — in other words, it filled in the 39 pages Minister for Transport making an art form out of necessary to receive the grant — why is the grant now blaming everyone else. The community is sick of all the not going to the Lorne Community Association? blame games. It knows the government has been in for Obviously that is where the grant should go, not to seven years and now it is time for it to get on with the some third party, no matter how capable the CFA is in job. In fact the government has been in long enough for doing the jobs it has to do. I want to stress I am not some members to forget their blame game lines. Last criticising the CFA for the work it does. week Mr Viney said the Kennett government closed the Mildura line, which is wrong. It is still open: a train a The Lorne Community Association applied to the day into Port Melbourne from Wakefield Transport’s Department for Victorian Communities for a grant of operations. However, the track is in terrible condition $110 000, which it was successful in achieving. It now and must be upgraded at the very least. finds that the $110 000 has not gone to it at all but has gone to a regional CFA which would not understand We have already lost some mineral sands business to the issues in the Lorne community. New South Wales and South Australia because of the track, and our freight costs are high due to track Rail: gauge standardisation inefficiency. It is really frustrating when the government splurges over $1 billion on the slightly Hon. B. W. BISHOP (North Western) — My faster train for little gain when those resources could adjournment matter this evening is directed to the have fixed the Mildura line and provided a Minister for Transport in the other place. The action I 200-kilometre northern rail link into the require from the minister is to inform me of the Transcontinental, which would have given us direct government’s plans to upgrade and standardise access into Darwin and other Australian ports. The Victoria’s rail network. The reason behind this request action I request from the minister is to inform me when is that the 2000–01 budget of the Bracks government the Mildura line will be upgraded and standardised — allocated $96 million to the project. While that is not and if not, why not? enough, it would be a good start. Buses: NightRider service As the house is aware, the Mildura line was to be done first, along with the Robinvale and Swan Hill lines, to Hon. G. K. RICH-PHILLIPS (Eumemmerring) — be finished by 2002, with the balance of the state The matter I raise with the Minister for Transport in the network to be completed by 2005. Two thousand and other place relates to the provision of the NightRider two came and went, and so has 2005, and not one spike bus service throughout the south-eastern suburbs. I has been driven on any of these lines, which is a have received representations from Mike Tyler, the disgrace and a broken election promise. chief executive of the City of Casey, seeking an extension of that service into the Casey area. As Another election promise by the Bracks government, Mr Tyler notes, currently the service is provided down and the member for Mildura, was that the passenger the peninsula to Frankston and Mornington, which are train would return to Mildura. That was again at a similar distance from the central business district as confirmed by the Premier when he brought the cabinet the city of Casey, but the south-eastern service to Mildura in 2005. ‘The train will return’, he said. The terminates at Dandenong. The enormous population of question is: will it? Or should the question be: can it if young people in the city of Casey does not have access the track is not upgraded and standardised? There is to the NightRider service. about 450 kilometres of rail track to be done, and if a new line were to be built it would cost about $1 million The letter I received from Mr Tyler notes that over the per kilometre, so the experts tell us. However, given the next 10 years there will be an estimated 58 000 people fact that the land is acquired and the ballast is there, as aged between 10 and 24 years, and of those 46 000 will are most other things, a reasonable estimate is be between the ages of 10 and 19 years. There is $300 million to do the job. definitely demand in the outer south-east for an extension of the NightRider service, and the City of A couple of years ago the commonwealth offered Casey in particular would like to see the service $20 million to assist with the standardisation, and I extended into Cranbourne, Endeavour Hills, Narre suspect it was also wondering what was going on with Warren and Berwick, being the key centres in the city this project, which is essential to country Victoria. of Casey. There has, of course, been a blame game with the Independents, who would not blame the current ADJOURNMENT

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I seek the assistance of the Minister for Transport in Gas: rural and regional Victoria ensuring that consideration is given to the existing NightRider services being extended beyond Dandenong Hon. PHILIP DAVIS (Gippsland) — I am raising a into the city of Casey. matter this evening for the attention of the Minister for Energy Industries, who I notice is not present, but I am Greater Geelong: swimming pool upgrades confident the Leader of the Government will bring this matter to his attention, if he is at all interested. Hon. J. H. EREN (Geelong) — I wish to raise a matter with the Minister for Sport and Recreation, the My attention has been drawn to a brochure about an Honourable Justin Madden. I know that this expo to be held tomorrow in Woodend by SP AusNet government is very mindful of a healthy Victoria and in relation to natural gas. I guess this is in connection encourages physical activity and has initiated a lot of with the government’s self-proclaimed natural gas good things, like they Go for Your Life campaign and extension program, which has been the subject of much other initiatives. Obviously swimming is an activity that debate in this place but has been mostly hot air in keeps you fit and healthy, and a lot of my constituents country Victoria. in the northern suburbs of Geelong make full use of the two swimming facilities we have in that region. After many announcements during the 2002 election campaign and a mini campaign by the government in Hon. J. A. Vogels — Do you like swimming? 2004 — out of embarrassment that it had failed to do anything about its promise — reticulations for further Hon. J. H. EREN — I do, actually. The two public towns were announced. During 2005 the government swimming facilities are the Lara swimming pool and acknowledged that many communities would not Norlane Waterworld. Both these facilities are widely receive the natural gas previously promised, and they used by the community and are a hub for healthy include Avoca, Wandong, Terang, Bright, Beechworth, physical activities in the northern suburbs. But they are Myrtleford, Alexandra, Bonnie Doon, Eldorado and getting to a stage where they need some attention and Porepunkah. revitalising. The action I seek is for the minister to have his department take the necessary steps to ensure that Ms Hadden — What about Smythesdale? these two facilities are considered for any future funding that may be available to upgrade them and Hon. PHILIP DAVIS — I will get to Smythesdale maintain them so that all in the northern suburbs can in a moment, thank you, Ms Hadden. A number of enjoy these facilities. other towns have not heard anything — that is to say the government has made no announcement whatever. Ms Hadden — The northern suburbs; where is your That is an unreasonable position. Given that the electorate? government had previously committed to extending natural gas to them, at this point these communities are Hon. J. H. EREN — Norlane and Lara are in the in an uncertain position, and they include Heywood, northern suburbs of Geelong, for Ms Hadden’s Smythesdale, Nathalia and Yea. information. Even though we have some of the most beautiful beaches in the world, our locals still like to I can only ask for one action, but there are two swim in their local pools. issues — one is the government’s failure to clarify the position of at least four towns that have received no I have been informed that these facilities had been advice as to when or if they will receive any assistance funded solely by the City of Greater Geelong in recent with reticulated natural gas, and the other is the matter years and that no state moneys have been used. I am of the towns where the government has reneged on also informed that the City of Greater Geelong is previous policy commitments. I therefore ask: will the looking to spend about $600 000 on the outdoor area at minister advise me so I can advise those communities Norlane Waterworld and carrying out some when they will receive the natural gas that has been maintenance work on the tiles on the main swimming promised to them? pool. This will go a long way towards making it an even better facility, but lots more needs to be done, and Whitehorse: indoor sports facility therefore I am seeking the assistance of the minister in relation to this matter. Hon. B. N. ATKINSON (Koonung) — I wish to raise a matter with the Minister for Education Services in another place. I want to bring to her attention an application that was made by the City of Whitehorse for funding from the Department of Education and ADJOURNMENT

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Training towards a joint youth facility to be established Mr Eren raised an issue for the Minister for Sport and near Livingstone Primary School. This would be an Recreation regarding healthy Victorians. I will pass that indoor sports facility particularly catering for netball. on to the minister for his response. Whitehorse City Council undertook a detailed feasibility study in 2005 to determine a location and The Leader of the Opposition raised an issue for the composition that might suit community needs for an Minister for Energy Industries regarding gas pipelines. I indoor sports facility within the municipality. After a will pass that on to the minister for what I am sure will very comprehensive study that involved significant be an effusive response. consultation and research it selected this site alongside Livingstone Primary School in Vermont South. Mr Atkinson raised a matter for the Minister for Education Services in another place regarding a joint It is interesting that Livingstone Primary School has an sports facility in Whitehorse. I will pass that on to the extensive history — going back to the 1970s — of joint minister for her response. community-school facilities. It would seem to me to be a very good choice to have a partnership between that House adjourned 10.18 p.m. school community and the broader Whitehorse community. The facility was welcomed by a number of organisations which thought they would be able to access this indoor sports stadium, particularly the netballers. A very vigorous and successful netball competition is based around Vermont South but at this stage they play on courts that are little better than car parks and long ago outlived their effective life spans, notwithstanding good maintenance by the council and good management by the netballers themselves.

This facility is very much needed. One of the problems the council has now is as it approaches its capital budget planning, in the spirit of responsible financial management, it finds it has some difficulty in forward planning because there has been no indication from the Department of Education and Training as to whether funding will be forthcoming to cover the state government’s share of this joint venture project. Indeed, I think the government talked to the council in the context of the Community Support Fund. I therefore ask the minister to advise me and the council of the outcome of the council’s funding submission for this particular project. Responses

Mr LENDERS (Minister for Finance) — Mr Vogels raised an adjournment issue for the Minister for Victorian Communities in another place regarding Lorne. I will pass that on to the minister for his response.

Mr Bishop raised a matter for the Minister for Transport in another place regarding standard rail gauge issues. I will pass that on to the minister.

Mr Rich-Phillips also raised an issue for the Minister for Transport but it was regarding bus services in his electorate. I will raise that with the minister for his attention. INCORPORATION BY HON. BILL FORWOOD (TEMPLESTOWE)

1314 COUNCIL Wednesday, 5 April 2006

CURRENT DISABILITY STATISTICS

Service group Victoria Accommodation Support No. of service users 12,989 Potential population 165,315 Service users/1,000 potential population 78.6

Community Support No. of service users 28,485 Potential population 165,315 Service users/1,000 potential population 172.3

Community Access No. of service users 18,441 Potential population 165,315 Service users/1,000 potential population 111.6

Respite No. of service users 8,607 Potential population 51,205 Service users/1,000 potential population 168.1

Employment No. of service users 18,283 Potential population 79,161

Service users/1,000 potential population 231.0

Table prepared by Bill Forward, from information extracted from the Australian Institute of Health and Welfare: Disability Support Services 2003–2004

INCORPORATION BY HON. BILL FORWOOD (TEMPLESTOWE) PETITION

Thursday, 6 April 2006 COUNCIL 1315

Thursday, 6 April 2006 MEMBERS STATEMENTS

The PRESIDENT (Hon. M. M. Gould) took the Wind energy: Bald Hills chair at 9.34 a.m. and read the prayer. Hon. PHILIP DAVIS (Gippsland) — I welcome the decision of the federal government to stop the PETITION proposed wind farm development at Bald Hills. Yesterday’s announcement by the federal minister, Ian Schools: public education Campbell, that the wind farm proposal was an unacceptable risk to migratory birds species, in Ms ROMANES (Melbourne) presented a petition particular the orange-bellied parrot is a win for South from certain citizens of Victoria requesting that any Gippslanders. new legislation dealing with the state public education and training system — (1) be separate Two Bracks government ministers in the other place, and distinct from any legislation dealing with the Minister for the Arts, who was formerly the private schools; (2) defines public education as free, Minister for Planning, Mary Delahunty, and the current secular and universal; public in purpose, outcome, Minister for Planning, Rob Hulls, and the Minister for ownership and accountability; and accessible to all Energy Industries, the Honourable Theo Theophanous, children; (3) gives primacy to public education in all were responsible for approving this wind farm at a state areas; and (4) includes proper, transparent, publicly level. Between the three of them they failed to get the accessible accountability measures for expenditure process right and they failed to protect the of all taxpayers money (63 signatures). orange-bellied parrot. The Bracks government chose to exclude local councils and local communities from the Laid on table. wind farm planning process, giving them no say on whether these developments are built in their backyards and whether or not indigenous species of birds should COMMONWEALTH GAMES be protected.

Volunteers The Bracks government supported the Bald Hills wind Hon. D. McL. DAVIS (East Yarra), by leave, farm against the interests of the local community and presented list of 2006 Melbourne Commonwealth on the basis that there was no threat to the environment Games volunteers. and the community. However, locals were passionately arguing the case that there were concerns for the Laid on table. environment, and that has now been demonstrated with evidence in the Wind Farm Collision Risk for Birds — Cumulative Risk for Threatened and Migratory Species PAPER report, which indicates there is a serious risk to wildlife.

Laid on table by Clerk: The PRESIDENT — Order! The member’s time has expired. Subordinate Legislation Act 1994 — Minister’s exception certificate under section 8(4) in respect of Statutory Rule Planning: Burwood development No. 33. Hon. H. E. BUCKINGHAM (Koonung) — I was BUSINESS OF THE HOUSE pleased to see in the April Whitehorse News that Whitehorse City Council and Whitehorse ward Adjournment councillors John Koutras and mayor Sharon Ellis welcomed the rezoning by the Minister for Planning in Mr LENDERS (Minister for Finance) — I move: the other place, Rob Hulls, of the former brickwork sites on Middleborough Road, Burwood. That the Council, at its rising, adjourn until Tuesday, 2 May. This rezoning will allow the Readings development to Motion agreed to. proceed to the next level of a more detailed planning and community consultation. Along with other members I have been briefed by both the council and Readings on this proposed development and would like MEMBERS STATEMENTS

1316 COUNCIL Thursday, 6 April 2006 to place on record my congratulations to both the Lake Modewarre: fish health Whitehorse council and Readings on the way the community has been informed and consulted with on Ms CARBINES (Geelong) — Recently I chaired a this project. This is a significant development for very valuable public meeting of stakeholders concerned Whitehorse and the state. It will provide $1 billion to about the health of Lake Modewarre. Over the last two the local economy and see up to 5000 new residents years as water levels have dropped significantly there and employees move into the municipality. have been several very large fish kills — specifically, thousands of eels and carp. There have also been The rezoning will also see Readings submit more similar eel kills at Lake Bolac and Lake Colac in the detailed plans for consultation. This site is one of the Western District. Attending the Lake Modewarre largest infill sites remaining in Victoria, and it is a site meeting were local residents, members of the Geelong of regional and state significance. I congratulate all Rod and Gun Club and members of the Lake those involved and look forward to further consultation. Modewarre committee of management. We heard presentations from the Environment Protection Governor John Landy Authority which has been monitoring the health of the lake and working hard to identify the cause of the fish Hon. H. E. BUCKINGHAM — In my remaining kills, and also from Corangamite Catchment time I would like to thank the Governor, John Landy, Management Authority (CMA) and Barwon Water. who is leaving this week — he has been a most inclusive Governor, and I wish him and his wife, Lynne I was very pleased to announce at the meeting that the Landy, a most successful retirement. EPA is establishing an eel investigation reference group, chaired by Christine Forster, to review the EPA Easter trading: Melbourne investigation to date, to support the EPA in determining the most probable cause and provide recommendations Hon. B. N. ATKINSON (Koonung) — I also note on further needs in relation to future investigations, the retirement of the Governor after his very successful research and catchment planning. Joining Ms Forster term. Sadly, if the Governor wants to use some of his will be representatives from Corangamite CMA, the retirement on Easter Sunday to shop in the city of Glenelg-Hopkins CMA, the Department of Melbourne he will be unable to do so because of the Sustainability and Environment, the Department of absurdity of this government continuing to ban major Primary Industries, Primary Industries Research retailers from opening on Easter Sunday. I note that the Victoria, Fisheries Victoria, the EPA and Deakin Lord Mayor of Melbourne, Cr John So, has called for University. The eel investigation group will work shops in the central business district area to be allowed closely with members of the Western District to open on Sunday. I support that and the opposition community to collect current and historical information supports that, and I believe The Nationals support that. about the three lakes. This is an excellent initiative, and We are also concerned about the impact of this I encourage everyone interested in the health of lakes ridiculous ban on Sunday trading throughout country Modewarre, Bolac and Colac to get involved. Victoria.

I noticed recently that the Minister for Small Business Legislative Council: reform in the other place, André Haermeyer, was trying to Hon. RICHARD DALLA-RIVA (East Yarra) — It defend the indefensible when he said on ABC radio that is important to put on the record after the state Labor tourists do not shop. The minister said that in north-east Party preselections the success rate that some of these Victoria where the Honourable Bill Baxter and my members have achieved. To understand, we need to go colleague are both situated. What a ridiculous statement back to the Constitution (Parliamentary Reform) Bill to make. The minister would only need to consult any that was debated in 2003 and look at the contributions of the businesses in north-east Victoria, or indeed made by those members opposite who supported the anywhere across Victoria, to find out the importance of bill and ascertain whether their loyalty payment has Easter as a trading period for retailers in country been returned for gladly signing their death warrants. Victoria. It is a major tourism period and all of those retailers ought to be open. This sop to the Shop Those who supported the reforms essentially kicked Distributive and Allied Employees union ought to themselves out of a job. I would like to say goodbye to be — — Mr Nguyen, Mr Mitchell, Ms Romanes, Mr Hilton, Mrs Buckingham, Mr McQuilten, Ms Argondizzo and The PRESIDENT — Order! The member’s time Mr Pullen. I also say goodbye to the Minister for Sport has expired. and Recreation, Mr Madden, and to the Minister for MEMBERS STATEMENTS

Thursday, 6 April 2006 COUNCIL 1317

Consumer Affairs, Ms Thomson. Some members are last Friday I hosted a function in my office with my on the third spot on the ticket. Mr Smith is on the third colleague Mrs Coote and the Liberal Party spot, as well as Ms Carbines and Mrs Buckingham. It is spokesperson, Mr Vogels, who has a great knowledge important to reflect on some of their contributions at the of community activity, including neighbourhood time. For example, Mr McQuilten said: houses. The function was also attended by Andrew McIntosh, the member for Kew in the other place, a I think this is the most important speech I will make in this number of Liberal candidates — Graham Bailey, David place. Southwick and Clem Newton-Brown — and more than He was right. He in fact signed his own death warrant. two dozen people from neighbourhood houses and We say goodbye to those people. They were stupid to learning centres, who put the case for greater support. vote for that bill. They voted themselves — — We are very concerned that the Bracks government has The PRESIDENT — Order! The member’s time not provided appropriate support across the Southern has expired. Metropolitan Region for a number of the neighbourhood houses and learning centres. I say this Schools: technical education centres as somebody who has some experience with the sector, having been a regional adult community further Ms ARGONDIZZO (Templestowe) — I welcome education chair and having moved through many of the the Premier’s recent announcement of a $32 million centres over the years in discussions on the issues and allocation for the establishment of four new technical problems that face neighbourhood houses and learning education centres (TECs) in Victoria. This is part of the centres. I believe they have a very good case for $241 million Maintaining the Advantage — Skilled additional support. I do not believe that case has been Victorians package that the Bracks government has also dealt with properly and fairly by this government, and I recently announced. The TEC secondary campuses will believe it should be looked at closely before the state offer courses for students interested in a trade. They budget. will have links with local TAFE institutions and provide years 10, 11 and 12 students with a range of Mental health: funding vocational training programs. The TECs will offer programs in the Victorian certificate of applied Mr SOMYUREK (Eumemmerring) — I rise to learning, pre-apprenticeships, apprenticeships and congratulate the federal government on finally taking a traineeships. They will help to provide local industries positive step towards addressing the emergency crisis in with the trades they need. They will be located in mental health with the announcement yesterday of Wangaratta, Ballarat, Berwick and Heidelberg. $1.8 billion in funding aimed at improving mental health services in communities across the nation. I am Within the Maintaining the Advantage package the pleased in particular with the increased access to government has allocated $23 million to set 13 advice psychiatrists and psychologists under Medicare to booths in shopping centres and mobile units called improve the detection, treatment and management of Skills Stores. These will offer information on mental illness. This announcement is a sign that finally education, training and employment opportunities in the Howard government has recognised that it must do places which can be easily accessed by Victorians. more on mental health. However, the funding package Other initiatives include $11 million to assist older does show signs of being cobbled together quickly. It is workers who did not complete year 12 to go back to short on detail and seems to ignore important work on study and $42 million to help existing workers upgrade mental health that is under way through the Council for their skills to keep pace with technology. This Australian Governments. Our mental health system investment by the Bracks government will make it needs to be overhauled from top to bottom, and that can easier for Victorians to get the right skills for the future only be achieved if the Howard government works and provide a major boost to the local economy. cooperatively with the states and territories.

Neighbourhood houses: funding Finally it is prudent to note that the $1.8 billion provided is only 50 per cent of the minimum spending Hon. D. McL. DAVIS (East Yarra) — The matter I increase by the commonwealth that was recommend by raise today concerns the issue of neighbourhood houses the bipartisan report of the Senate inquiry into mental and learning centres and their appropriate funding and health. support by this government. I have talked to many of the neighbourhood houses and learning centres across the new Southern Metropolitan Region electorate, and MEMBERS STATEMENTS

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Commonwealth Games: benefits who is also the Parliamentary Secretary to the Minister for the Environment and Heritage, to give his opinion Hon. G. K. RICH-PHILLIPS (Eumemmerring) — on this decision. Now that the Commonwealth Games are over Victorians are entitled to know what the benefits and Cycling: helmets legacies of the event have been. More than $1.2 billion has been spent, much of it collected from Victorian Hon. C. A. STRONG (Higinbotham) — The issue I taxpayers. The games cost more that $100 million a would like to raise this morning for the attention of the day, and each paid ticket was subsidised by Victorian government relates to a recent public health survey and taxpayers by between $500 and $1000. report that was published in the newspaper. It highlighted the fact that the regulations requiring people While Melbourne has enjoyed a great party, the to wear helmets when riding bicycles, which is a very expenditure of hundreds of millions of dollars of public important way of keeping fit and dealing with the money dictates that the benefit be more than merely a problems of obesity and so on, are a major disincentive. party. The government has quoted a wide range of The survey concluded that the requirement to have a figures showing the economic impact of the games, bicycle helmet discourages so many people from riding ranging from $270 million to more than $3 billion. that the benefits to the odd person who might have However, as we have witnessed with some central fallen off their bike and escaped head damage because business district restaurants and retailers, there has also they were protected by a helmet are minor compared to been a downside. The government has commissioned a the loss to general health because more people are report from KPMG on the expected economic impact discouraged from riding a bicycle. There is overzealous of the games. The government has selectively quoted policing of helmet regulation. The issue I want to raise from the report and released a departmental précis of with the government is that it should perhaps certain sections but has refused to release the entire investigate some arrangement under which bicycle report. Victorian taxpayers own the report, and its helmets may not needed for everybody. That would contents will be of interest to them as well as to the host achieve an improvement in public health and attack nations of other major events. I call on the Minister for obesity in our population. Commonwealth Games to immediately release the KPMG report. Youth: football spectators Wind energy: Bald Hills Mr PULLEN (Higinbotham) — I had last Saturday night off and journeyed to Telstra Dome to see the Hon. J. G. HILTON (Western Port) — This Essendon versus Sydney Swans football match. I found morning I would like to make a statement on the my seat, V5, right up in level 3 in bay 40. It was a great decision by the federal Minister for the Environment game, with the mighty Bombers winning by 27 points, and Heritage, Mr Campbell, to block the proposed led by new skipper Matthew Lloyd, who scored $220 million wind farm at Bald Hills. The reason given eight goals. The Swans’ big Barry Hall also played was to protect a rare bird that has rarely flown over the brilliantly and kicked seven goals. site. There was a small probability that up to one bird a year could be killed. The growth of global warming Back in Yarrawonga in the mid-60s I was a great friend with atmospheric consequences that will be of Matthew Lloyd’s dad, John, before he left to play catastrophic for the environment obviously has little with the Carlton Football Club. I also worked with his resonance with the Minister for the Environment and uncle, Brendan, in the Commonwealth Bank, before he Heritage. We should be doing everything we can to moved to live in Fiji. Matty’s grandmother missed her promote renewable clean energy. Everyone seems to two boys, and I used to go around there every Friday realise this except Mr Campbell. He is totally unfit to be night and, being a good Catholic boy, had homemade the environment minister and is obviously in the back fish and chips with Mrs Lloyd to keep her company. pocket of the fossil fuel industry. He reminds me of a character in the television program, Yes, Minister, who However, the most enjoyable part of last Saturday night was a grossly overweight health minister who chain was the very impressive group of young supporters smoked. around me. Behind me sat two young girls who were Swans supporters barracking hard for their boys, while I call on the federal government to reverse this in front of me there were four young teenage girls split ludicrous decision, which is anti-environment, and to evenly between supporting the Dons and supporting the work with the state government to promote renewable Swans. Three teenage boys asked if the seats next to me energies. I also call on the federal member for Flinders, were taken, and although they came and went a number STATEMENTS ON REPORTS AND PAPERS

Thursday, 6 April 2006 COUNCIL 1319 of times, they continually apologised for the I commend the library, as I have many times, on some inconvenience. A young boy aged about 10 also left his excellent work, on the depth of its collection and on its seat with his dad on a number of occasions and always digitising program — although, as I will say later in my said sorry when he went past. contribution, I believe it could go further. The issue I am mostly concerned about is its lack of business All these young people really made my night. The state foresight. As I have said in this chamber many times of Victoria has a wonderful future to look forward to before, I have worked in the State Library of Victoria. with such outstanding citizens. In fact I set up the State Library of Victoria Foundation, which I am pleased to say goes from strength to Industrial relations: WorkChoices strength under its current chairman, Stephen Kerr. I thank all Victorians who have contributed to the state Ms MIKAKOS (Jika Jika) — As the dog’s library and recognise it as the treasure it is for the breakfast of the H. R. Nicholls Society-inspired dogma community. that is the federal WorkChoices regime shudders on, it is important that we reflect on the state of industrial However, I think the library could be going further. relations in this country. We have seen daily sackings When I was there it had a very strong business centre, condoned by the federal industrial relations minister on which at that stage was working towards developing the basis of personality differences. We have seen business partnerships into the future and looking at abattoir workers sacked and then reinstated after what could happen in a quite far-sighted way. I do not intervention by the clearly panicked Howard believe the library is doing that at this stage. In fact I am government. concerned that in this report the library has not even mentioned what its business partnership programs Michelle Grattan spilt the beans when she reported in could be. The closest I can come to seeing what it does last Saturday’s Age on the federal finance minister’s in this area is to look at the report’s information and speech to the H. R. Nicholls Society, an organisation of access section at pages 22 and 23. It talks about which I know many of those opposite are members. information services such as catalogue access, She quoted the minister as having said: digitisation projects, collection access, linking This is evolution, not revolution, and there is still a long way customers to information resources and the library’s to go … in terms of the whole edifice that remains there in web site, but I can see nothing about the development terms of awards, the IR commission, all the rest of it. of business programs and business projects into the This seems to indicate that any remaining protections future. The state library has a very good opportunity to for working people in this country are now up for grabs. not only develop and enhance partnerships with significant businesses in this city and state but to take it The Bracks government will not sit idly by whilst this further and have a revenue-raising system. outrageous piece of legislation introduces further uncertainty into the lives of people suffering under I will comment on what the British Library has done. It record levels of household debt. That is why it moved has been very aggressive and far-sighted in its approach yesterday to protect Victorian public sector workers. It towards digitising, legal deposit legislation and building has set up the Office of the Workplace Rights Advocate strategic partnerships to go into the future. Digitised and is set to challenge the federal government’s material can now be used around the world, so the legislation in the High Court. British Museum’s strategic partnerships for information and research encroaches on what could be an area for The only remaining doubt is whether WorkChoices or the State Library of Victoria. It is imperative that the Howard himself will go first. state library has a close look at what it can do to make certain we are at the forefront in these matters. When I looked at the British Library’s web site one of the STATEMENTS ON REPORTS AND PAPERS things I found interesting was that in 2003 it lobbied its Parliament for legal deposit to be extended to electronic Library Board of Victoria: report 2004-05 materials, including web sites. The library now collects e-materials to ensure that global research is rapidly Hon. ANDREA COOTE (Monash) — I will speak available to UK researchers. I do not recall whether today on the Library Board of Victoria’s annual report extending legal deposit to web sites is something the for 2004–05. I will comment more on what is not state library has even considered. Things are moving included in the report than on what is included. quickly in these times everywhere except in this Looking at the direction of the library and where it Parliament — I do not include in that our library; it is intends to go, I have some major concerns. information technology and our computers. I have to STATEMENTS ON REPORTS AND PAPERS

1320 COUNCIL Thursday, 6 April 2006 say that the library here is sensational given the tools it region there are 22 Landcare groups and 400 friends has been given to work with. and other community environment groups, which I believe is a very good indication of how important the On the issue of extending legal deposit to web sites, community sees the environment to be and of the web sites come and go very quickly. It is very commitment it wishes to make to maintain its quality. important that the state library keep them, because they The authority has a strategic Landcare support program will become important research tools in the future. which aims to develop the expertise of Landcare Political information being what it is, it is there one support groups and other environmental groups to minute and gone the next. If the library had the effectively contribute to land care management. opportunity to collect this material it could become a very valuable resource for politicians in particular, and Specific aspects of the program are mentioned in the for the community generally. annual report and I would like to mention a few. They include the preparation and hosting of the inaugural I hope the library will take a much closer look to see Port Phillip and Westernport regional Landcare awards; what sort of strategic relationships and partnerships it the production and distribution of a ‘Stories of can develop, because we need to be at the leading edge. community Landcare success’ booklet — a compilation Our library has been at the leading edge in our country of 53 stories of success from across the region and indeed in the world. It needs to be given additional contributed by the groups; and provision of strategic resources to make certain it can make the best of the planning facilitation services to nine Landcare groups opportunities and partnerships it can develop, to develop their own strategic action plans, bringing the particularly in this electronic age. I think it is vitally total number of groups in the region with a strategic important that we are at the forefront. Digitisation is a action plan to 27. Assistance is also provided to groups part of that, but we could be doing so much more. It with applications for a wide array of funding needs additional funding and a very clear strategic opportunities, both government and corporate, resulting approach. in an increased level of such funding reaching groups in the region. Port Phillip and Westernport Catchment Management Authority: report 2004–05 One of the principal responsibilities of the catchment management authority is to report annually to the state Hon. J. G. HILTON (Western Port) — This government on the condition of the catchments in the morning I would like to make a brief statement on the region, and a separate report indicates a number of Port Phillip and Westernport Catchment Management studies which the authority has undertaken to make that Authority’s annual report 2004–05. The authority report to government. It includes areas such as recycled includes all the electorate of Western Port Province, water use, diversions from waterways, ground water hence my interest in its activities. The authority is extractions, beach water quality, spread of weeds and responsible for a range of activities, and these are long-term rabbit control and also threatened flora and included in the report. They include: preparing a fauna species. It is very difficult — in fact regional catchment strategy for the region and impossible — to do even remote justice to all the coordinating and monitoring its implementation; information that is in the report. promoting cooperation of people and organisations involved in land and water resource management in the However, I believe anybody interested in the issues of region; promoting community awareness and our catchments would find the report useful. I understanding of the importance of land and water commend the chairman of the catchment authority, resources, their sustainable use, conservation and Dr Mick Lumb, whom I have met on a number of rehabilitation; and reporting on the condition of the land occasions, and all the executives and staff involved in and water resources in the region. This is a most the catchment authority. I compliment them most comprehensive and interesting report, and there is a sincerely on the excellent work they are doing for the tremendous amount of really useful information environment. contained in it. Obviously in the 5 minutes I have available to me this morning I cannot really do justice Sustainability and Environment: report 2004–05 to all the hard work that has gone into the production of the report. Hon. D. McL. DAVIS (East Yarra) — Today my contribution to debate on reports and papers relates to I would like to highlight one area of the catchment the Department of Sustainability and Environment management authority’s activities: strategic Landcare annual report 2004–05. This government has, of course, support. Within the Port Phillip and Western Port both in its energy policy and environmental areas, STATEMENTS ON REPORTS AND PAPERS

Thursday, 6 April 2006 COUNCIL 1321 spoken loudly publicly about greenhouse issues, quite The $32 billion tourism industry is highly climate-dependent. rightly, because there are significant issues to be dealt For example, the Great Barrier Reef supports a $1.5 billion industry but with a 2–3 degree Centigrade increase in with. But the government’s performance on greenhouse temperature, 97 per cent of the reef could be bleached; issues has not been as strong as it should be. The $17 billion of exports from of the livestock industry face The government has left much underdone in Victoria. I risks from more heat stress, more pests and disease, national know the government has laid out its belief that the livestock carrying capacity is expected to fall by 40 per cent if temperatures increase by 2 degrees Centigrade. Kyoto protocols should have been signed, and that is something with which the Liberal Party differs from the A third example quoted of a business sector that will be current policy position of the Bracks government. The impacted states: government here has also called for the mandatory renewable energy target and related steps. A 2 per cent Centigrade increase in temperature would reduce water flows in the Murray-Darling Basin and to Melbourne Today and this week I am pleased that there has been a by about 15 per cent. Based on a 20 per cent reduction in Australian irrigation allocations, GDP is projected to fall by new intervention into the debate on greenhouse and the around $750 million in 2009–10. Department of Sustainability and Environment’s responsibilities to ensure that proper processes are in These are significant impacts that need to be dealt with, place and important steps taken. A joint report by the and there are long-term tasks to deal with them. Australian Conservation Foundation and a number of Victoria is more exposed than most other states because business groups, such as British Petroleum, Insurance of our long-term reliance on brown coal, a cheap and Australia Group, Origin Energy, Swiss Re, VISY, very efficient source of energy production but also a Westpac and the Australian Conservation Foundation very dirty source of energy production with a high jointly have produced this week the business case for carbon dioxide output. It cannot be long before early action by the Australian Business Roundtable on international requirements are put on the Australian and Climate Change in a document entitled The Business Victorian economy by produces to meet targets. Case for Early Action. I note that a series of key findings has been put out by This is a welcome development, because it breaks the round table. I strongly support the direction this down the dichotomy between business and thoughtful group has taken. No longer can we see a environmental targets and objectives. In truth, we are distinction between the economy and the all citizens in the first instance, and over time there is a environment — we need to bring these things together great deal of clarity, at least in my mind, about the fact and to recognise that our long-term interests are in that we need to act on greenhouse issues. having both a sustainable and healthy economy and a sustainable and healthy environment. This important The Australian Business Roundtable on Climate document makes this case eloquently. I urge members Change paper says: of the house to read it. I believe it will be important in setting policy into the future. Climate change is a major business risk, and we need to act now. Victorian Institute of Sport: report 2004–05 It is a business risk Australia wide, and this document relates to the whole Australian economy and fleshes out Hon. H. E. BUCKINGHAM (Koonung) — I rise the impacts of climate change over the next many to make a contribution on the annual review of the decades. The round table suggests that government and Victorian Institute of Sport, tabled in the Parliament on business work together to frame policies on three 15 November last year. The recent Commonwealth fronts, which are to design a ‘long, loud and legal’ Games placed Melbourne under a spotlight, and was a framework to establish a carbon price signal, to fantastic event for Victoria. The success of these games encourage innovation and investment in emerging and is owed in no small part to the commitment and breakthrough technologies and to build national dedication of all of the athletes who took part in the resilience to the impacts of climate change. games and their support teams. The Victorian Institute of Sport played a significant role in supporting athletes It is worth, in the context of the broader debate about in many areas to achieve their best. climate change, putting on the record some of the examples of impacts of climate change referred to in The mission of the Victorian Institute of Sport is: the round table document this week. Examples of these To provide an environment in which talented Victorian impacts include: athletes have the opportunity to achieve at the highest level in sport and life. STATEMENTS ON REPORTS AND PAPERS

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It is fitting that the motto of the VIS is ‘Success in sport she attended Presbyterian Ladies College where I was and life’. The Victorian Institute of Sport was created the careers counsellor. I would like to place on the by a Labor government some 18 years ago and it has record that I helped her find out about that course at La gone from strength to strength in supporting Victorian Trobe and decide that it was what she was suited to do. athletes, as this annual review tells us. My father, Frank Rachel was part of the women’s hockey team and won Wilkes, was a founding director of the Victorian a gold medal at the Commonwealth Games. Her sister, Institute of Sport. In fact, he was the founding deputy Beth, also plays hockey at an elite level. This is an chair for over 16 years. He has long been a champion of excellent, innovative program. I congratulate its this institution. coordinator, Bernadette Sierakowski, for all her hard work. In 2004–05 the influence of the VIS could also been seen in regional Victoria. The South West Academy of Many successful Commonwealth Games athletes have Sport in Warrnambool joined the Gippsland, Bendigo benefited from the programs conducted by the and WestVic academies as members of the regional Victorian Institute of Sport. Victoria consistently network which is funded by the VIS. The Sunraysia manages to punch above its weight in all Australian academy in Mildura was also being established at that sporting teams. There are too many to name, but there time. This will provide young Victorians wherever they are a few that I wish to bring to the attention of the live, be it in the metropolitan Melbourne or regional house. The success of the diving squad can largely be Victoria, with a pathway to ensure they can reach their attributed to its Victorian members. Chantelle Newbery full potential in their sporting endeavours. and Loudy Tourky are both stars of the Australian diving team, having achieved success at the Athens In 2004–05 the VIS completed its first year at the Olympics and the Commonwealth Games. Both are newly redeveloped Olympic Park, which I was lucky recipients of individual scholarships from the VIS enough to be shown through as part of the which allow them to pursue their talents and receive the Commonwealth Games tour undertaken by a number of highest level of support available. members of this house. The refurbished Melbourne Sports and Entertainment Centre is fantastic. It is now Another recipient of an individual scholarship from the the home of the VIS’s administration and training VIS is runner Craig Mottram. Craig won a silver medal facilities. These facilities include a 25-metre pool, in the men’s 5000 metres. running lanes, a gymnasium, an open-floor training area and a theatrette. These world-class facilities contributed The PRESIDENT — Order! The member’s time to the success of many of the athletes at the recent has expired. Commonwealth Games. Budget sector: mid-year financial report 2005–06 The activities of the VIS are broad and not narrowly focused on the sporting ability of the athlete, something Hon. C. A. STRONG (Higinbotham) — I rise to I find really interesting and exciting. The VIS conducts comment on the 2005-06 mid-year financial review. It a program called athlete career and education (ACE) in is worth noting that the review shows that for the six support of its motto ‘Success in sport and life’. The role months to December 2005 this state made a profit of of the ACE program is to help athletes effectively some $1.9 billion — a surplus of almost $2 billion so achieve their educational and vocational aspirations far this year. That is a remarkable amount of money without compromising their sporting objectives. The that has flowed into the government coffers as a result ACE program provides personal development training of its propensity to tax, tax, tax and not give anything courses; career counselling and planning; educational back. guidance and information; employment preparation; It needs to be remembered that that figure comes on top access to career referral networks; and ongoing of the surpluses in the last two years. Last year the transitional support. full-year surplus or profit that this government took out At the 2004 VIS awards of excellence acknowledgment of Victoria was $3.96 billion, close to $4 billion, which was made of the athletes who achieved success in their was on top of the surplus for the year before of studies, career ambitions or work settings while $3.7 billion. Do not let anybody tell you that this balancing their sporting pursuits. William Angliss government is not wallowing in money it is taking out TAFE sponsored the main award which was won by of this state. Why is it not using that money to give women’s hockey scholarship holder Rachel Imison, some tax deductions? Why is it not using it to reduce OAM, who completed an honours degree in prosthetics land tax? Why is it not using it to build infrastructure in and orthotics at La Trobe University. I know Rachel as this state? Why does it have to put tolls on Scoresby STATEMENTS ON REPORTS AND PAPERS

Thursday, 6 April 2006 COUNCIL 1323 when so far this year the profit is enough to have paid The PRESIDENT — Order! The member’s time for the Scoresby tollway? has expired. Let us turn to some of the details at page 40 of the Ombudsman: investigation into parking report. I will read the comparison of the first six months infringement notices issued by Melbourne City of this year with the first six months of last year. Council Taxation is up 4.5 per cent; fines and regulatory fees are up 8 per cent; income from investment is up 11.4 per Ms ROMANES (Melbourne) — I am pleased to cent; grants are up 9 per cent; total income from have the opportunity to speak on the Ombudsman’s transactions is up 8 per cent. An 8 per cent increase in report on the investigation into parking infringement one year! This is obscene when you think that none of notices (PINs) issued by Melbourne City Council, this is given back to us. Page 45 of the report deals with which was tabled in the house this week. I take great fines and regulatory fees in some detail, and it shows interest in the Ombudsman’s report, due to my own that fines in the first six months of this financial year experience of working for five years in the compared with the first six months of last year are up Commonwealth Ombudsman’s office before being 13.5 per cent. That is a staggering increase in the elected to this Parliament. amount of money this government is pulling out of our economy and just simply wasting. This report of the Victorian Ombudsman takes up issues relating to parking infringement notices in the In that respect it was interesting to read in the Age of City of Melbourne. Parking and traffic fines are a very 4 April a submission from Mr Coulson of the Victorian emotional issue in our community and spark a lot of Employers Chamber of Commerce and Industry interest, so I suspect this forensic examination of warning that Victoria is in a crucial phase in its history particular whistleblower allegations about the improper and needs to use the May budget to position itself for management of traffic and parking services and of future growth: public funds in the provision of parking services, including the issuing of PINs by the Melbourne City ‘Victoria is very much at the crossroads in how it deals with its international future’, he said. Council parking and traffic branch as part of the services the council provided to the VicUrban There is so much money available to give reductions in Development Authority in Docklands, will be widely stamp duty, land tax and payroll tax. There is a studied. significant amount of money there. The Ombudsman’s findings focused particularly on the Let nobody say, ‘Perhaps this is all going to end’. allegations regarding the service the council provided to Today the International Monetary Fund produced its the VicUrban Development Authority in the Docklands world economic outlook for this year, and its gross area and included: domestic product forecast for the world has increased … the lack of appropriately authorised parking officers and from 4.3 per cent growth to 4.9 per cent growth. It has prosecutors; issuing of PINs with incorrect penalties; also looked ahead to 2007 and predicted a 4.7 per cent improper administration of PINs and the council’s inability to world growth, noting that the major area of that growth, enforce PINs before the court. the real growth engine, is the Asian region, which we are in and to which we are a major supplier. These are The Ombudsman concluded that the processes were benign economic conditions which have been in place inadequate in many cases, that proper authorisations for the full period of this Bracks government, and it has were often not in place and that a range of procedural absolutely luxuriated in them. They are the most benign improvements needed to be addressed. economic conditions we have seen for many years, and However, in terms of whether or not there were they are predicted to continue. improper motives involved, on page 4 the Ombudsman This government squanders the wealth that is has taken, concluded: the wealth it should use to rebuild Victoria. It has Generally I am satisfied that the PINs issued by the council’s squandered that wealth and refuses to give back any. It parking officers have been issued bona fide for genuine simply goes its mean-fisted way and takes money out parking offences; and of everybody’s pockets. There is so much money there, Where, due to the various administrative errors identified in and I call upon the government, when it gets these my report PINs have been issued incorrectly, the issuing reports, to give some of that money back to the people. officers did so in good faith. This is the people’s money; this is not the Bracks government’s money. Give some of it back — — STATEMENTS ON REPORTS AND PAPERS

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The Ombudsman can make particular detailed Australian environment. If that is what is being investigations and addresses issues — as has happened proposed in this report; if it is setting the groundwork in in this case — but also may use the opportunity to that respect, it is a cop-out. Yes, fire is a part of our examine more systemic issues that are embedded in the environment, but it can be managed, and we have a problems that may have arisen. In this case the duty and obligation to manage it, because when we do Ombudsman has drawn attention to the need for an not, horrendous damage is caused and, as we have seen overall review of the parking and traffic branch’s on occasions, lives are lost. To that end I want to make structures and processes. a plea today for us as a community to get much more serious in terms of bushfires in this state. In response to the Ombudsman’s report, the council has undertaken not only to progress the recommendations It is true that many fires are started by natural made on particular aspects the report looked at but to do elements — lightning usually. There is not a lot we can a comprehensive review of all of the branch’s business do about that, other than striking very hard when such processes and systems. That is a very important occurrences eventuate — more than we did in 2003 outcome of this investigation. As I mentioned before, I when the fires were not got on top of as quickly as they am sure this will be a very useful report which will might have been, and we know the devastation in the resonate throughout local government and be a bit of a alpine areas that ensued. I am concerned about the wake-up call for councils to get their houses and number of fires which are caused by either human processes in order in all the units and branches of their carelessness or stupidity, and in some cases deliberately organisations. by fire bugs. We have to give a lot more attention to tracking down fire bugs, according them the sort of Of course the report has raised the thorny issue of justice they deserve and making sure that the penalties whether or not parking fines are revenue driven. I am are widely publicised. sure there will be some people in the community who focus particularly on this part of the report. I am especially concerned by the carelessness of some Investigators from the Ombudsman’s office were of our citizens, particularly with cigarette smoking on informed by officers of the branch that they were to bad fire days. It is time we gave consideration to meet a monthly team target of 30 parking infringement banning smoking on total fire ban days in outdoor notices per day, or to work within 5 per cent of the public areas. I will give a particular example. This year group’s output. I suggest this is an area where the key 23 January was a very bad fire day in northern Victoria. performance indicators have gone wrong. These are It was a total fire ban day. It was 41 degrees Celsius, easy measurement tools, and a higher better quality and there was a hot north wind blowing. I was stopped examination of work in traffic and parking has been at a roadworks sign on the Murray Valley Highway and ignored. was incensed when I noted a road worker — not the man holding up the stop sign — absent-mindedly and Sustainability and Environment: code of idly flicking ash off his cigarette while standing within practice for fire management on public land a couple of feet of very long, dry grass. What was this man thinking? Clearly he was totally oblivious to all the Hon. W. R. BAXTER (North Eastern) — I wish to messages about the dangers on total fire ban days we make a statement today on the code of practice for fire have tried to get across. management on public land, which was tabled in the house last week and which Mr Hall commented on last I think it is time we said, ‘Righto, on such days no-one Thursday. I welcome the update of the 1995 code of will smoke outdoors in public areas. Smoke in your practice. I find this to be quite a valuable document, backyard if you want to, but not in a public area’. All of although I do share Mr Hall’s concern that many of the us have seen cigarette butts cast out of the windows of recommendations and comments in the code are cars driving along the road. People do it in winter when somewhat anaemic and perhaps not as specific as one it is of no concern, and they forget about the conditions would hope they would be. in summer and absent-mindedly flick cigarette butts out of windows. I am quite sure the statistics demonstrate I am to a degree concerned by the frequent references that quite a lot of fires start from cigarette butts being in the report to fire being a natural part of the Australian disposed of. In fact it has been proven that the Junee environment. Of course it is, but I am concerned with fire in the Riverina this year, which burnt some the terminology used in this report that perhaps a case is 29 000 hectares, killed 60 000 sheep and caused untold being built to enable the department to excuse its future damage, was caused by a discarded cigarette. inaction in some instances or its failure to control major fires on the basis that fires are a natural part of the STATEMENTS ON REPORTS AND PAPERS

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So it seems to me that, bearing in mind that we have the Commonwealth Games, even the critics of the only five or six total fire ban days each year, it is not games would agree that athletics and sports in general too much to ask for a ban on smoking outdoors in have got a huge shot in the arm in this state. The legacy public areas on total fire ban days in this the most fire for present and future Victorian athletes will be great in prone part of the globe. I am calling on this government terms of facilities. We did not really need this because to give consideration to that. we have a great sporting culture, but that sporting culture has been accentuated and compounded by the I note the President has expressed some surprise and games being held here. concern. I say to the President that when I made this statement in January and got on the front page of the I turn to the annual report. The VIS has been Border Mail I received an overwhelmingly positive established to help Victoria’s talented athletes achieve response from the public. The people are ready for us to their highest levels of performance in their chosen take this action and get really serious about bushfires, sports and enhance their personal, educational and particularly those caused by carelessness in this vocational development. The objectives of the country. Victorian Institute of Sport are to provide access to quality coaching, national and international standard Victorian Institute of Sport: report 2004–05 competition and training opportunities, sports science services, physiology, psychology, biomechanics and Mr SOMYUREK (Eumemmerring) — The subject fitness testing, sports medicine services, screening of of my contribution today is the annual report of the consultations, physiotherapy, massage and nutrition, Victorian Institute of Sport (VIS). Focus on sport, athlete career and education and all vocational sports. particularly athletics, has recently been dominated by All these things have been integrated into the VIS the Commonwealth Games. program.

Hon. G. K. Rich-Phillips interjected. Some people might think there are other more important priorities in life, but I tend not to agree with Mr SOMYUREK — We all understand that statement. I believe, as indeed the government Mr Rich-Phillips has been following the games very believes, sport is a very important component of closely. I know that. The hoo-ha has been in town, and people’s lives and — — it has gone, but the good people at the VIS have been continuing their good work irrespective of how much Hon. W. R. Baxter — It is grossly overemphasised attention the Commonwealth Games has received. We in this society. all agree that the Commonwealth Games was a fantastic opportunity for the state to showcase — — Mr SOMYUREK — It is, but sport is — —

Hon. G. K. Rich-Phillips interjected. The DEPUTY PRESIDENT — Order! The member’s time has expired. Mr SOMYUREK — It was a fantastic opportunity to showcase our state — need I say any more? Our state Innovation, Industry and Regional is one of the most livable states, and Melbourne is one Development: report 2004–05 of the most livable cities in the world. All we needed was a bit of coverage, and we got that from the Hon. G. K. RICH-PHILLIPS (Eumemmerring) — Commonwealth Games. I am disappointed that Mr Somyurek did not get to conclude his contribution on a very interesting aspect of Hon. B. W. Bishop — For $1 billion! whether sport in our society is overemphasised because I tend to agree with Mr Baxter that it is. Mr SOMYUREK — I know there has been much debate about the economic benefits, but I think we will Referring to the Department of Innovation, Industry find that the economic benefits in the short-to-medium and Regional Development annual report, I pick up on term will flow through. We had 100 000 visitors to one of the department’s key functions: investment Melbourne during these games, and the multiplier facilitation through the business output group. The effect of that has to be substantial. Notwithstanding report compares at page 48 performance against targets some of the costs — I understand some of the in the areas of investment projects under development, apprehension the opposition has in terms of costs — the jobs derived from investments facilitated and new fact is that we had 100 000 people coming into this city, investments facilitated and announced. For each of the and the multiplier effect of that has to be substantial. three measures the annual report notes that for the Notwithstanding the debate on the economic effects of previous financial year there were 263 investment STATEMENTS ON REPORTS AND PAPERS

1326 COUNCIL Thursday, 6 April 2006 projects under development as at 30 June 2005, jobs China, those being the four largest sources of derived from investments facilitated were 5866 and investment projects. Again, despite the emphasis on new investments facilitated and announced were valued investment from Asia — both north Asia and south-east at $2.117 billion. Asia — and the government strategy of locating investment offices in those regions, we are not yet It was interesting to drill down deeper into the seeing that decision reflected in the sources of background of some of those figures. One of the ways investment projects to the state. in which a government facilitates investment is through the offer of incentives and all governments do that to Some interesting information was also provided to the varying degrees and in varying ways. It was interesting minister with respect to the source of projects — that is, to note information provided by the Minister for State whether they were generated by Invest Victoria or and Regional Development in the other place in relation whether they were generated by source companies, and to the criteria by which incentives are offered for it would suggest that — — investment projects. The minister noted that while the criteria are documented they are regarded as both The DEPUTY PRESIDENT — Order! The cabinet and commercial in confidence. I have some member’s time has expired. difficulty with why the criteria by which incentives are offered are regarded as cabinet and commercial in Ombudsman: investigation into parking confidence given the amount of money that is spent on infringement notices issued by Melbourne City incentives — it runs into the tens of millions of dollars. Council It would be appropriate for the criteria by which those funds are allocated to be at least known, if not the Hon. J. A. VOGELS (Western) — I would like to allocations to individual projects. We accept that in comment on the Ombudsman’s investigation into certain circumstances they need to be commercial in parking infringement notices (PINs) issued by the confidence. However, I feel strongly that the criteria Melbourne City Council. It is a damning report on how against which those allocations are judged should be in this council goes about collecting parking fees and the public domain. fines. Not only do poor old motorists who want to come into Melbourne get ripped off by fees, fines and charges It is also interesting to drill down into some of the by the Bracks government, but once they get into the figures under the headline figures announced by the central business district the Melbourne City Council government. Of the $2.117 billion of new investment wants a slice of it as well. that is being facilitated, roughly $824 million is foreign investment. Despite the government’s emphasis on An article with the subheading ‘City ducks for cover securing foreign investment through Invest Victoria over $50 million bonanza’ in the Herald Sun today says through Victorian government business offices, roughly this about parking: two-thirds of investment facilitated in this state is from Melbourne City Council reaped almost $50 million in … domestic sources. We are still relying on a population parking fees and fines … last year … base of 20 million people out of a global population of more than 5 billion for two-thirds of our new But they were not happy with that. They then jacked up investment facilitated in the state. It is interesting to the hourly rates again this year: reflect that despite the emphasis on foreign investment Meter fees jumped from $3 to $3.50 an hour in January, hot we are still heavily dependent on domestic and on the heels of an increase from $2.40 last July — a 46 per interstate sources for investment. cent rise in six months.

It is also interesting to look at the numbers underneath How could anyone justify that? It is outrageous. The the 263 projects which are currently under Bracks government wants to get in on the act, so it has development. Information again provided by the been charging $400 tax a year for long-term spaces Minister for State and Regional Development indicates since 1 January, and this will double to $800 per annum that 111 of those 263 projects under development as at in the near future. No matter how much motorists want the end of the year were foreign-sourced investments. to do the right thing, they find it very difficult. As soon The minister has provided a breakdown of the source as they get out of their cars they know somebody is nations for those investments and, again, the majority of trying to slap a ticket on them or do something to them. those are sourced from the United States of America. When I leave here in the evenings I do not go down Of that 111 there were 39 from the United States, Collins Street any more because of the tram stops, 18 from the European Union, excluding the United which have taken over the street. In certain parts Kingdom, 30 from the United Kingdom and 12 from Collins Street narrows to one lane, and the traffic LAND (ST KILDA TRIANGLE) BILL

Thursday, 6 April 2006 COUNCIL 1327 congestion is absolutely outrageous. I am glad I do not LAND (ST KILDA TRIANGLE) BILL have to drive in the city very much because finding a parking spot in the first place is just about impossible. If Second reading you finally do grab one, you are probably going to find a $50 ticket under your windscreen when you get back. Ordered that second-reading speech be incorporated for Hon. J. M. MADDEN (Minister The Ombudsman’s report is very damning. Parking for Sport and Recreation) on motion of officers in Melbourne were told they would have to Mr Gavin Jennings. book about 30 people a day or they would be counselled and may face dismissal. They have basically Mr GAVIN JENNINGS (Minister for Aged got to go out there in the morning knowing their job is Care) — I move: to make sure they get those parking infringements to That the bill be now read a second time. cover their wages — the city council is going to make a heap of money as well. As these parking inspectors find Incorporated speech as follows: faulty meters or signs that are not working, I would say that rather than report them to the council to be fixed so The St Kilda triangle site referred to in this bill is a key component of the St Kilda’s Edge strategy prepared by the that motorists are not being booked illegally because City of Port Phillip to rejuvenate the St Kilda foreshore. The the parking meters or signs are not right, the parking project will better integrate the St Kilda triangle site with its officers would probably think, ‘We will leave them surrounding area, enhance the Palais Theatre and attract there because at least we can get 10 of our quota there a cultural, entertainment and appropriate commercial activities. day. If we fix them, it makes it harder for us because we The St Kilda triangle site is bounded by Jacka Boulevard, have to go out and give PINs to other motorists’. I Cavell Street and the Upper Esplanade and is in urgent need believe the Ombudsman should have a look at what of redevelopment. The land consists of permanent and happens at a lot of councils around Victoria. I think he temporary reserves established under the Crown Land (Reserves) Act 1978. The City of Port Phillip manages the would probably find the same things happening in most reserved Crown land as committee of management. The council areas that have parking meters. unreserved Crown land is occupied by the Palais Theatre and the Palace Entertainment Complex under separate 50-year The Ombudsman has recommended refunds in leases. The Department of Sustainability and Environment 146 cases of penalties and associated court costs being directly manages these leases, which both expire on 31 March paid by motorists who were issued in Docklands with 2006. PINs that were incorrectly registered with the PERIN This bill enables the entire St Kilda triangle site to be court. He says 146 were actually registered, and you temporarily reserved for public purposes and the appointment have to wonder how many are not registered, because of the City of Port Phillip as committee of management. The when they get a parking fine most people cuss a couple bill also provides for an initial lease term of up to 50 years, with one or more extensions. Long-term leasing is required of times and just pay it. for the project to be financially viable and to attract suitable private investment. The eventual term of the lease will be The other outstanding thing is they were booking subject to independent evaluation of the successful proposal. people illegally. In the absence of council resolution for a different amount, the maximum penalty was $20. It is necessary to proceed with this legislation to provide for long-term leasing and assurance to commercial investors of They were actually in breach of the act, because they the government’s commitment to the project. It should be were fining people $50 when they were only legally noted that without privately funded redevelopment of the site, supposed to fine them $20 for parking offences. The liabilities associated with restoration of the Palais Theatre Ombudsman recommended that 287 PIN fines would be the responsibility of government. collected as a result of the notices being incorrectly I now turn to the particulars of the bill. issued should be refunded. As I said, most people who get parking fines or infringement notices et cetera do Clause 2 provides for the act to come into operation in a not bother — they are not very happy about it, but they timely way to allow for continued access to parts of the St Kilda triangle site prior to the commencement of proposed just pay. I commend the Ombudsman’s report to the works. house. Clauses 4 and 5 allow for the revocation of both permanent and temporary reservations on the site and revocation of a Crown grant on a piece of land abutting the triangle site. This will have the effect of deeming the lands to be unalienated land of the Crown, which will facilitate the subsequent temporary reservation of the whole of the St Kilda triangle site as one piece of land. SUSTAINABLE FORESTS (TIMBER) (AMENDMENT) BILL

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Clause 6 provides for the closure of a road known as Lower allow for a lessee to remain for three months from expiry of Esplanade. The road is managed by the City of Port Phillip, the lease under the same terms and conditions at the and it is necessary that this road be closed and reserved for discretion of the lessor. A lease granted under this clause is public purposes to enable its inclusion in the St Kilda triangle subject to any covenants and other conditions determined by site development project. the committee of management and approved by the minister.

Clause 7 of the bill provides for the reservation of the whole The clause also provides for the leasing arrangements made of the St Kilda triangle site for public purposes under the under this bill to prevail over the Land Act 1958, the Crown Crown Land (Reserves) Act 1978. The clause also deems the Land (Reserves) Act 1978 and regulations made under the City of Port Phillip to be appointed as committee of Crown Land (Reserves) Act. management. Deeming the appointment of the committee under this bill provides surety for investors regarding future Clause 13 requires the Registrar of Titles to make any management of the lease. changes to the register under the Transfer of Land Act 1958 because of the operation of this bill. Clause 8 allows for a stratum of land in the form of a pedestrian overpass over Jacka Boulevard to improve public I commend this bill to the house. access to the foreshore reserve from the triangle site. Debate adjourned for Hon. D. McL. DAVIS (East The clause provides for selection of one of two designated Yarra) on motion of Hon. Andrea Coote. areas for the overpass. This arrangement provides flexibility to determine the best siting of the proposed pedestrian Debate adjourned until next day. overpass.

Once the successful tender proposal is approved a plan of survey will be prepared describing the overpass area. The SUSTAINABLE FORESTS (TIMBER) minister, on receipt of the signed plan of survey, will (AMENDMENT) BILL recommend to the Governor in Council that the footprint on the foreshore area of land be deemed to be unalienated land of the Crown. The clause also provides for any section of road Second reading shown on the plan of survey to cease to be a road and revokes all rights associated with that section of road. This is to allow Ordered that second-reading speech be for the footprint of the overpass on the road area. incorporated for Ms BROAD (Minister for Local Government) on motion of Mr Gavin Jennings. When the order made by the Governor in Council is published in the Government Gazette the land shown on the plan of survey will then be deemed to be temporarily reserved Mr GAVIN JENNINGS (Minister for Aged under the Crown Land (Reserves) Act 1978 for public Care) — I move: purposes. The City of Port Phillip will be deemed to be the committee of management. That the bill be now read a second time.

Clause 9 provides for the reservation of the remaining portion Incorporated speech as follows: of the former Crown grant not required for potential development to be reserved for public purposes. The clause The purpose of this bill is to provide for the continued also deems that the City of Port Phillip be appointed management of the remaining sawlog and pulpwood licences committee of management under the Crown Land (Reserves) in the west of Victoria by the Secretary of the Department of Act 1978 for this section of land. Sustainability and Environment.

Clause 10 provides that a reservation of land under this bill Currently, the Sustainable Forests (Timber) Act 2004 may be dealt with in accordance with the Crown Land provides that sawlog and pulpwood licences in the west of (Reserves) Act 1978. Victoria are to be transferred to VicForests for management by 1 July 2006 until their expiry. Clause 11 provides for the application of this bill to apply despite anything to the contrary in section 10 of the Road There are currently 11 licences to which these provisions of Management Act 2004, or any other act. the Sustainable Forests (Timber) Act 2004 apply.

Clause 12 sets out the powers to lease St Kilda triangle land. Of these 11 licences, the government has already determined The committee of management may, with the prior consent of that 5 will not be transferred to VicForests. the minister, grant a lease of the land. If the lease is granted before facilities and other works are constructed, the lease This decision was made as part of the government’s must include a covenant to ensure that the works justify the commitment to cease logging and wood chipping in native term of the lease. If the lease includes a stratum of land, such forests in the Otways by 2008, and to establish a greatly as the proposed overpass, each lessee under the lease, as well expanded national park in the Otway Ranges — the Great as lessees of other lands, must be able to obtain reasonable Otway National Park. access to the use of the land to be leased. These five licences will remain under the control of the The clause allows that the lease can provide for an initial term Secretary of the Department of Sustainability and of not more than 50 years, with one or more extensions each Environment until their expiry. not exceeding 21 years. The aggregate of the initial term and any extensions is not to exceed 99 years. There is provision to DRUGS, POISONS AND CONTROLLED SUBSTANCES (PROHIBITION OF DISPLAY AND SALE OF COCAINE KITS) BILL

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Of the remaining six licences due to transfer to VicForests, DRUGS, POISONS AND CONTROLLED one licence has already expired. The remaining five will progressively expire over the next four years, with the last to SUBSTANCES (PROHIBITION OF expire on 30 June 2009. These five licences are located in the DISPLAY AND SALE OF COCAINE KITS) Midlands and Mid-Murray Forest management areas. BILL The government has committed to examining the current management practices in parts of the Midlands and Second reading Mid-Murray Forest management areas. As part of this commitment, the government: Ordered that second-reading speech be incorporated on motion of Mr GAVIN JENNINGS has requested the Victorian Environmental Assessment (Minister for Aged Care). Council to undertake an investigation into river red gum forests along the Murray River Valley, to be completed by 1 February 2008; and Mr GAVIN JENNINGS (Minister for Aged Care) — I move: is considering different scenarios for the management of the Wombat State Forest in consultation with the That the bill be now read a second time. community. Incorporated speech as follows: In these circumstances, it is appropriate that the management of the five remaining licences in the Midlands and The Bracks government is committed to protecting the health Mid-Murray Forest management areas remains with the and welfare of Victorian families. As part of this Secretary of the Department of Sustainability and commitment, this government has initiated a range of drug Environment. prevention and treatment initiatives to reduce the impact of licit and illicit drugs on the community. This will allow sufficient time to clarify the implications of the Victorian Environmental Assessment Council In 2003, the government committed a further $176 million for investigation and the community forest initiatives in the the next four years to continue its drug strategy. Wombat State Forest before consideration is given to the management of timber harvesting in the west of Victoria Significant government investment to date has enhanced the being transferred to VicForests. drugs service system to better meet contemporary need. In particular, the following achievements are of note: It remains the government’s position that VicForests be the responsible agency for managing timber harvesting in Access to alcohol and drug treatments in Victoria continues to Victoria. However, it is appropriate for the management of improve. Between 1998 and 2004 there has been a nearly existing commitments to remain with the Secretary of the 30 per cent increase in the number of clients accessing drug Department of Sustainability and Environment pending the treatment services. outcome of investigations into timber harvesting in the west of the state. A youth alcohol campaign and an alcohol awareness campaign targeting tertiary students has been conducted. Accordingly, the bill provides for the repeal of those provisions of the Sustainable Forests (Timber) Act 2004 that A code of practice for running safer dance parties has been provide for the transfer of the remaining licences in the west developed to assist organisers of festivals and dance parties to of Victoria to VicForests. The repeal of these provisions will plan, run and manage events safely. make redundant the provision of the National Parks (Otways and Other Amendments) Act 2005 effecting this decision in Innovative responses to volatile substance abuse have relation to the five remaining licences in the Otway Ranges. included the introduction of legislation and the development Accordingly, this provision will also be repealed. of protocols to facilitate its implementation, research into the feasibility of adding bittering agents to volatile substance The bill also includes a statute law revision clause repealing products subject to abuse, the production of a Koori the Forests (Dunstan Agreement) Act 1987. The Dunstan information kit on inhalant abuse and the production of a agreement was signed in 1987 by the government and retailers kit on the responsible sale of solvents. A. Dunstan Timber Sales Proprietary Limited for the supply of softwood. The successor parties to the agreement agreed to The Premier’s Drug Prevention Council has been appointed its termination in November 2004, effective 1 July 2004. The for a second term. Major initiatives during this term include termination of the agreement was notified to Parliament on ongoing support for the DrugInfo Clearinghouse; the 14 June 2005 in accordance with the requirements of the act. promotion of Directline, a 24-hour telephone counselling There are no outstanding obligations to be performed under service, and an employment, training and mentoring program the act, and accordingly it may now be repealed. for young people at risk of developing alcohol and drug problems. I commend the bill to the house. An important further initiative addresses the use of cocaine. Debate adjourned on motion of Cocaine use is dangerous, and can cause a range of serious medical conditions. Deaths have been known to occur. The Hon. E. G. STONEY (Central Highlands). selling of cocaine kits is seen to promote the use of a drug of dependence, being cocaine. Debate adjourned until next day. DRUGS, POISONS AND CONTROLLED SUBSTANCES (AGED CARE SERVICES) BILL

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In August 2005 the Premier announced that the state sale. In addition, provisions allowing the police to retain the government is taking further action in continuing its tough kits and to destroy the kits in certain circumstances are also stance against drugs by banning the sale of ‘cocaine kits’ in included. A cocaine kit will generally only be destroyed upon Victoria. The Premier indicated that amendments to the a finding of guilt under the new sections 80B or 80C, or if it is Drugs, Poisons and Controlled Substances Act 1981 will not possible to find the lawful owner of the kit. prevent cocaine kits from being displayed and sold in Victoria. Clause 4 makes a procedural amendment to the act by substituting a new section 103. This section of the act Cocaine kits vary in their contents and packaging. Typically, provides for the prosecution of officers of companies that are they contain some of the following items: a small metal tube, convicted of offences. The new section 103 updates the a razor blade, a small scoop, a small glass bottle, and a mirror. provisions providing for prosecution of corporations and These items are usually packaged in a wallet or a metal officers of corporations where the corporation is guilty of an compact. offence. The new section 103 is consistent with other modern Victorian legislation. It is not desirable to legislate against the sale of each individual item in a cocaine kit, as these items have legitimate As part of the communication strategy to support the new uses. However, this legislation will prevent items being offences relating to cocaine kits, all retail outlets likely to be displayed and sold as a package to promote the use of selling cocaine kits will be advised of the new legislation. cocaine. This bill is another prevention measure for substance abuse, I now turn to the detailed provisions of the bill. and as such, it is a positive initiative in promoting the health and wellbeing of people in the state of Victoria. Clause 2 is the commencement clause. It provides that the amendments to the act will commence on the day after the This initiative is part of the government’s approach to prevent day on which the bill receives royal assent. drug abuse in Victoria. Together with prevention and education initiatives and drug treatment services, it forms part Clause 3 inserts a new part VA into the act to deal with of a coordinated response to reducing the harms associated cocaine kits. Most importantly, a definition of a cocaine kit is with drug abuse in this state. included in the bill in a new section 80A. The items included in cocaine kits identified are normally items with other I commend the bill to the house. everyday uses when not included in such a kit. It is not intended to make it an offence to sell the items individually. Debate adjourned for Hon. D. McL. DAVIS (East Accordingly, the definition provides that a cocaine kit is Yarra) on motion of Hon. Andrea Coote. constituted only when two or more of the relevant items are packaged for use as a unit for the purposes of preparing for Debate adjourned until next day. introduction, or for introducing, cocaine into the body of a person.

New section 80B makes it an offence to display a cocaine kit DRUGS, POISONS AND CONTROLLED in a retail outlet. A retail outlet for this purpose includes SUBSTANCES (AGED CARE SERVICES) market outlets as well as shops. The offence is limited to display in retail outlets because it is not intended to make it an BILL offence to display such a kit in a museum or an organisation that has an educational function in relation to drugs. Second reading

New clause 80C creates a new offence of selling a cocaine Ordered that second-reading speech be kit. The decision to create an offence to sell cocaine kits is incorporated on motion of Mr GAVIN JENNINGS made out of concern about the sale of a set of items that is obviously intended to promote the use of cocaine. As the kits (Minister for Aged Care). consist of everyday items, it is not intended to make it an offence to possess a cocaine kit. Mr GAVIN JENNINGS (Minister for Aged Care) — I move: This new offence created is to sell a cocaine kit to another person if the seller knows or is reckless as to whether the kit is That the bill be now read a second time. sold for the purpose of introducing cocaine into the body of any person. Incorporated speech as follows:

The word ‘sell’ is already defined widely in section 4 of the The Drugs, Poisons and Controlled Substances (Aged Care act to include wholesale or retail sales, agreements to sell and Services) Bill 2006 amends the Drugs, Poisons and offering or exposing for sale. Controlled Substances Act 1981.

The maximum penalty for the new offence will be 60 penalty This bill extends the coverage of the state government’s units. The maximum penalty for a body corporate will be regulation of medication in commonwealth-funded and 300 penalty units. This is in line with other similar offences. regulated residential aged care facilities to provide protection to all high-care aged care residents, rather than just high-care Division 2 of the new part VA sets out the powers the police residents in nursing homes as is currently the case. This will force will have in enforcing the new offences. The new ensure that the drugs, poisons and controlled substances laws division provides the police with appropriate seizure powers remain relevant to the new and emerging environment in in relation to kits that the police suspect are displayed or for DRUGS, POISONS AND CONTROLLED SUBSTANCES (AGED CARE SERVICES) BILL

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residential aged care, where the barriers between ‘nursing administration process. This approach makes better use of homes’ and ‘hostels’ are breaking down. It is proposed for the skilled professional resources, is consistent with nursing and first time that all high-care residents will have their other health work force trends and will improve quality of medication administration professionally supervised care for residents not presently covered by regulation, without regardless of the type of aged care facility they reside in. requiring that a nurse administer every dose of medication in every instance. The bill also amends the Nurses Act 1993 to create an offence of directing or inciting unprofessional conduct, so that nurses For the purposes of this bill a nurse is a division 1, division 3 will not be impeded in their role under the new arrangements. or division 4 nurse only, and only these nurses will be able to manage the administration of medication to high-care Regulation 45 of the Drugs, Poisons and Controlled residents. Division 2 nurses will not be able to manage the Substances Regulations 1995 currently requires that only a administration of medication to high-care residents in nurse may administer medication to a resident of a nursing residential aged care services. home. Nursing homes are the only environment in which the administration of medication prescribed for and dispensed to The legislation will be supported by guidelines drafted by the an individual patient is regulated. This is because it has been Nurses Board of Victoria (a ‘code’) for the delegation and determined that residents of these facilities, who are often supervision by nurses to non-nurses of the administration of very frail, deserve a higher level of care and protection than medication in residential aged care services. This will provide other people. Administration of medication to residents of the necessary framework of professional practice standards hostels (generally less frail or dependent people) has for nurses to exercise their management of administration role previously not been regulated. proposed in this bill. The bill requires nurses to have regard to the code in making management decisions. The Drugs, Poisons and Controlled Substances Regulations 1995 sunset on 29 May 2006. The Drugs, Poisons and To ensure that it is absolutely clear that a nurse is free to make Controlled Substances Regulations 2006, which replace them professional judgments about the administration of as of 30 May 2006, will no longer regulate the administration medication in accordance with established professional of medication to residents of nursing homes. Rather it is guidelines, the bill introduces a new provision into the Nurses proposed that these provisions will be transferred to the act Act 1993 to create an offence of directing or inciting under this bill. It is proposed to place the provisions in the act unprofessional conduct. The new provision is consistent with rather than the regulations, because the regulations do not and will have the effect of bringing forward a provision have an appropriate head of power to address these detailed already included in the Health Professions Registration Act requirements regarding the administration of medication to 2005, which will become operative from 1 July 2007. high-care residents. The nature of the amendments The commonwealth funds and regulates residential aged care under the Aged Care Act 1997. There are some Clauses 1 to 3 of the bill contain purpose, commencement 41 000 residential aged care places (or beds) in Victoria in and definition provisions. 819 services. Of those places only 14 400 are designated high-care places in nursing homes. With the introduction of Clause 4 of the bill adds a new division 10A to part 2 of the commonwealth ‘ageing in place’ policies in 1997 many Drugs, Poisons and Controlled Substances Act 1981. high-care residents now reside in hostels or mixed facilities Section 36E of the new division provides that a person who is and therefore are not afforded state government regulatory an approved provider of an aged care service must ensure that protection under the current provisions. The emergence of a nurse manages the administration of any drug of mixed services has seen some 9500 high-care residents live in dependence, schedule 9 poison, schedule 8 poison or mixed or hostel services that are not covered by the existing schedule 4 poison to a high-care resident of a residential aged regulation 45 of the Drugs, Poisons and Controlled care service. Substances Regulations (as at 30 June 2005). It is imperative that our regulatory arrangements are upgraded to extend Section 36F of the new division requires that a nurse who regulatory protection to these people. This bill effectively manages the administration of such a drug in accordance with means that 23 900 rather than 14 400 aged care residents will the division must do so in accordance with the relevant code be afforded state government regulatory protection in regards for guidance issues by the Nurses Board of Victoria under the to drug administration. Nurses Act 1993.

This amendment will shift the focus of regulation from the Clause 5 of the bill adds a new regulation-making power to setting to the resident, ensuring that all Victorian high-care the Drugs, Poisons and Controlled Substances Act 1981 to residents receive the same level of protection under the allow for the making of regulations in relation to the new legislation regardless of where they live. Under this provision, division. regulation of the administration of medication to residents of Clauses 6 and 7 of the bill amend the Nurses Act 1993 to aged care services will be extended to all 23 900 high-care make it an offence for any person to direct or incite a nurse to residents. do anything in the course of professional practice that would The current provision applying to nursing homes requires that constitute unprofessional conduct or professional misconduct. a nurse administer every dose of medication in every instance. The government has consulted widely over a long period with The bill will provide that the administration of medication to representatives of the aged care industry and with nursing high-care residents is managed by a nurse rather than organisations. Industry stakeholders strongly support the necessarily administered by a nurse at all times. The nurse proposition to extend the coverage of regulation to all will still determine who is appropriately qualified to high-care residents. The new provision will allow nurses to administer medication and will remain in charge of the drug delegate routine tasks, in appropriate circumstances, to other DISABILITY BILL

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workers who have suitable training and experience. The the government does not have a strong commitment to provision will contribute to making better use of the those services. professional skills of registered nurses and will provide career development opportunities for other categories of worker. Looking back at the development of the statewide plan In all cases delegation of the task can only be made by a for disability services, which was released in September nurse, and the judgments will rest with the nurse, acting in 2002, we can see there was an extensive consultation accordance with the relevant code for guidance determined by process in the lead-up to that plan. As parliamentary the Nurses Board of Victoria. secretary I attended and conducted many of the forums This set of amendments will extend the regulation of the and research activities that took place at that time. Over administration of medication to all high-care residents of 1700 people participated in the forums, including residential aged care. That will occur with the support of a people with disabilities, their parents, families and framework of professional guidelines to ensure that nurses delegate tasks only when it is safe and appropriate to do so. carers, service providers and community groups. The The nurse will have full control over the decision-making forums were conducted across the whole of the state process, and new legislation will protect nurses from any and included 24 community forums, 13 service direction to act in an unprofessional way. provider forums and 33 focus groups for people with a This bill significantly extends the coverage of the regulation disability. It was an extremely comprehensive process, of medication in residential aged care to provide more and I was very proud to play a part in, from memory, regulatory protection to more people. about 70 per cent of the community and service provider forums that were conducted. I commend the bill to the house. Debate adjourned on motion of Among the outcomes of the statewide consultations and Hon. ANDREA COOTE (Monash). the development of the state disability plan were the recommendations which have led to this legislation and Debate adjourned until next day. which are also covered by this legislation. They include matters such as individualised planning, support and choice. The bill now provides for increased protections DISABILITY BILL of the rights of people with a disability. It improves public service accessibility through action plans and Second reading provides for greater accountability of service providers for people with a disability. Debate resumed from 5 April; motion of Mr GAVIN JENNINGS (Minister for Aged Care). On top of the commitment made through the statewide plan and on top of the commitments now incorporated Mr VINEY (Chelsea) — I am very pleased to rise in this comprehensive legislation is the government’s in support of the Disability Bill 2006 before the house substantial financial commitment to this area. Again I today. I want to congratulate all the people who have pick up on some of the comments of, I think, been involved in this lengthy and exhaustive process of Mr Dalla-Riva and Mr Drum in their contributions to redrafting disability legislation for the state of Victoria. the debate. Mr Drum last night suggested that the The bill has some history, and as a former government had not funded the disability services by parliamentary secretary in this area I want to make a anything like the growth in the overall state budget. few comments in relation to that. That is not correct. My understanding is that the state So far the contributions to the debate have been very budget has grown from some $19 billion — that is the interesting, and in some cases passionate. I do not in total revenue — to $30 billion. I do not have the precise any way disrespect the passion and genuine concern figures in front of me, but that is a growth of around that many members in this house feel and express about 55 per cent, whereas disability funding in that period the issue, but I make the point that the fact that has grown from $580 million to $980 million, a growth someone has a strong, passionate interest in disability of some 73 per cent. So the growth of funding to the does not mean that others in this chamber do not also disability sector has far exceeded the growth in the have that concern and interest. Last night I was overall state budget. particularly disappointed with the attempt by Mr Drum To give further detail, the disability service system is to suggest that members of this government were obviously moving towards more supports in the home unconcerned about disability services. I completely and providing flexible support packages rather than respect Mr Drum’s strong interest in and concern for using the one-size-fits-all approach to funding. Since this area, but it is not reasonable or fair to suggest that 1990–2000 the individual support packages have increased by 134.5 per cent, and shared support DISABILITY BILL

Thursday, 6 April 2006 COUNCIL 1333 accommodation has increased by 15 per cent. Those Dot Leigh, president of the Victorian Advocacy League increases are in line with the vision of the state on Intellectual Disability, the peak advocacy group for disability plan. We have also increased respite support people with intellectual disability and their families, has to 34.3 per cent more carers. Our expenditure on also written to the minister and indicated support for disability services is notable. Based on the 2003–04 this legislation. data, Victoria spent $5114 per capita of commonwealth-state-territory disability agreement The government has a letter from David Craig, funds on disability services — the highest of all states executive officer of Action for Community Living and territories and 1.3 times the national per capita located in High Street, Northcote, who has also average of $3854. indicated that his organisation supports this legislation.

After wide consultation on developing a state disability Rhonda Galbally, chair of the Disability Advisory plan the government has put its money where its mouth Council of Victoria, wrote to the minister saying in is in the state plan by substantially increasing the funds part: going into this sector. I know Mr Baxter is present and I would like to thank the Victorian government for the he might expect me to say this, but that stands in leadership it has shown in developing the disability legislation contrast to the previous government, which made a and look forward to the implementation of the new initiatives. 10 per cent cut of some $50 million across the board in disability services and then in the years subsequent to Steve Gianni, director of Leadership Plus, a non-profit that funded the services on consumer price index organisation promoting leadership roles for people with growth only. On coming into government one of the disabilities, has also written to the minister. His letter, first things we had to do in the 1999–2000 budget was in part, reads: to put a significant injections of funds back into the I am writing to you to commend you on the disability disability sector just to catch it up, and since then we legislation currently before Parliament. The last reforms of have significantly increased our funding into that this magnitude in Victoria for people with disabilities were in sector. the mid-1980s and the societal context for people with disabilities has changed considerably. Your proposed I might also say that as parliamentary secretary it was legislative changes bring people with disabilities and the service system in Victoria into the new millennium. clear at that time that whilst the previous government, it had undertaken one state plan for disability services in Lloyd Williams, secretary of the Health and its early period of government, it had not, in accordance Community Services Union has also written to the with the legislation, undertaken and completed the minister indicating support for the legislation. statewide plan that was due in about 1998. Not only had it not done that, but there had been no planning towards The final letter I want to mention to the house is from its completion. So the statewide plan that this Tom Worsnop, chair of the Victorian Coalition of ABI government then immediately undertook with its Service Providers, the peak body for service providers consultations in 2000 and its consequent release in for people with acquired brain injury. His letter to the September 2002 was again a catch-up on what the minister commences: previous government had not done. Congratulations for the effort and care that has been taken in It is my understanding that there has been considerable drafting a new legislative framework for disability in Victoria. comment on this legislation, as one would expect, from I acknowledge that there may be a number of groups the disability sector. I also understand that a few groups that would like a little more time to consider the have indicated that they would like a little bit more time legislation, but I have not read a communication from to consider this legislation. I might say that there has any group anywhere indicating that it is opposed to the been a three-year process to get to this point, but a approach, the structure or the direction that this number of members have raised these issues disability legislation is taking Victoria into the future. extensively. Of course that is not particularly balanced In fact a significant number of peak bodies and because I can inform the house that there is extensive representative organisations are strongly in support of support for this legislation. Julian Gardner, the public this legislation. I commend the bill to the house and I advocate, has written to the Minister for Aged Care look forward to chairing the committee that will be saying: considering this legislation in detail — the first time I am satisfied that this bill will benefit people with disability. I that has been done by this Legislative Council. urge you to ensure its passage. Hon. W. A. LOVELL (North Eastern) — I rise to speak on the Disability Bill, and in doing so I register DISABILITY BILL

1334 COUNCIL Thursday, 6 April 2006 the Liberal Party’s opposition to the legislation. It I was recently visited by a number of parents who disappoints me to say that the Liberal Party is opposing delivered a petition to my office. They had collected this bill because, like many of the groups that Mr Viney 1878 signatures on that petition. They had previously mentioned, everyone believes the Disability Bill does handed me several pages that included 309 signatures, need to be rewritten. In fact the Liberal Party took that so in total we have tabled 2187 signatures to that to the last election as a policy. petition pleading with the Bracks government to supply more funding for supported accommodation, in Members of the Liberal Party have serious concerns particular in the Shire of Moira. Unfortunately that about the bill in its current form, as does the disability petition seems to have fallen on deaf ears, because we sector. As I said, we are not the only people to have have not even had a response from the minister to the concerns, the entire disability sector share our concern tabling of that petition. and is furious at the speed with which this legislation is being rushed through Parliament. That sector has Two services in my electorate, Cobram Gateway actually called for the bill to be held over for three Services and NOVAS Numurkah,s conducted a survey months to allow further consultation and allow for of the need for supported accommodation places within some of the flaws in the bill to be corrected — but the the Moira shire. The survey identified that there was an minister has denied the sector that time. Unfortunately immediate need for 38 places. It also found that in the the Bracks government has shown that it is not willing next five years there would be a need for an additional to listen to the experts, to the people who deal day after 12 places, that there would be a further need for day with issues affecting the disabled. The disability 19 places within 10 years, and that beyond 10 years sector believes under this legislation, which should there would be a need for another 13 places. In addition enhance provisions to protect the disabled and the to that 20 places were needed to accommodate availability of services to the disabled, there is a real 16 special-school students and 4 victims of acquired danger that people with intellectual disabilities could be brain injury who are inadequately housed at the left worse off. moment. It is time the Bracks government made a firm commitment to supported accommodation in the Many of my colleagues who spoke before me have north-east of Victoria. The situation is becoming a crisis quoted from a number of letters received from the that desperately needs to be addressed. disability sector outlining the problems they see with this bill. I will not quote from them again because they On being read a second time the bill will be referred to have already been recorded many times in Hansard, but the Legislative Council Legislation Committee for it disappoints me that the government has not been examination in depth. I hope during that process the willing to listen to this sector. It is extremely important government will acknowledge the flaws of the bill and that when we bring legislation into this place we have will come back to Parliament with amendments to fully consulted and we have got it right. It is ensure that the legislation provides greater protection particularly important to do that in this case because and access to services for disabled Victorians. this legislation will affect the lives of some of our most vulnerable Victorians for many years to come. The House divided on motion: government should feel a responsibility to get this legislation right before it rushes it through Parliament. Ayes, 21 Argondizzo, Ms Nguyen, Mr I would particularly like to talk about one aspect of Broad, Ms Olexander, Mr Buckingham, Mrs Pullen, Mr disability services that is having an impact in my Carbines, Ms Romanes, Ms electorate — that is, supported accommodation. We Eren, Mr Scheffer, Mr have a severe shortage of accommodation for the Hilton, Mr (Teller) Smith, Mr disabled in northern Victoria, and we have a lot of Hirsh, Ms Somyurek, Mr (Teller) ageing parents who are looking after their disabled Jennings, Mr Theophanous, Mr McQuilten, Mr Thomson, Ms offspring and are distraught at the prospect of what will Mikakos, Ms Viney, Mr happen to their offspring when they can no longer Mitchell, Mr provide that care. One parent in her 70s is looking after four adult sons. It is quite distressing to meet with these Noes, 17 people, see the love and affection they have for their Atkinson, Mr Forwood, Mr children and that they are distraught at what will Baxter, Mr Hadden, Ms Bishop, Mr Hall, Mr happen to their disabled children when they are no Brideson, Mr Lovell, Ms (Teller) longer able to care for them. Coote, Mrs Rich-Phillips, Mr Dalla-Riva, Mr (Teller) Stoney, Mr EDUCATION AND TRAINING REFORM BILL

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Davis, Mr D. McL. Strong, Mr I will outline them throughout my speech. They will be Davis, Mr P. R. Vogels, Mr addressed in detail at the Legislation Committee Drum, Mr meeting. I have submitted amendments to the chamber, Motion agreed to. and I request that they be circulated.

Read second time. Opposition amendments circulated by Hon. ANDREW BRIDESON (Waverley) pursuant Referred to Legislation Committee. to sessional orders. Hon. ANDREW BRIDESON — I have really EDUCATION AND TRAINING REFORM enjoyed reading and researching this bill. I have a most BILL interesting volume and I recommend people read it. It is the Hansard debate on the 1872 act. I will not quote it Second reading in great detail but it certainly outlines the very important history of the state back in the 19th century. I Debate resumed from 4 April; motion of have enjoyed meeting people and discussing their Hon. T. C. THEOPHANOUS (Minister for Energy concerns, and I have enjoyed studying the history Industries). behind the bill. My interest in the bill probably stems from when I was a student teacher. I was fortunate Hon. ANDREW BRIDESON (Waverley) — It enough to study the history of education. To be a certainly gives me great pleasure to speak on such an teacher when I studied you had to have knowledge of important bill as the Education Training and Reform the act, and we certainly studied the 1872 act because Bill, which is some 430 pages in length. It is one of the of the three principles that education be free, largest bills that this house has debated this year and it compulsory and secular. is quite an historic bill. The reason why it is such an historic bill is that it is essentially a rewrite of all It is relevant to put the perspective of today’s education education acts of this Parliament from 1872 until the bill in some historical context. If I was to conduct a present day. It is indeed an honour to speak on this bill survey of all members of this chamber about what sort as an educator — a former teacher — from the of education they would want for their children, or in government school system. some of our cases our grandchildren, I believe I would probably come up with a very sound consensual model Hon. C. D. Hirsh — What did you teach? which would not be too dissimilar to what is in the bill Hon. ANDREW BRIDESON — I was a primary before us today. I have listed some of the things I think school teacher — one of the best. I do not mean one of all members would come up with. We would want the best teachers but one of the best age groups of choice of school. We would want to be able to choose children to teach. As I said, this is a real privilege. I am whether it was a non-government, independent or a going to run through the historical perspectives of the government school. 1870s because the principles that were enunciated in Some of us might like to choose home-schooling. We that first act have been repeated in the current act, and I would want to instil in our children a love of learning, think it is very important for the Parliament of Victoria but more importantly a love for learning. We would to be reminded of our history and our heritage of want the best quality teacher available. We would want education issues. a caring and nurturing environment. We would want In fact in the second-reading speech in the other place outcomes that would equip our loved ones for a the Minister for Education and Training said this bill is successful future. We would want facilities and a new milestone for education and training in the state, equipment to help achieve the aforesaid. We would also and that on behalf of the government she is pleased to want to impart a meaningful and contemporary present the most significant education reform curriculum. Perhaps last, but not least, we would want a legislation since the original act of 1872. I probably beg modern, efficient system, if we choose a system in to differ a little; I do not think it is the most significant which to educate our child. I do not believe there would reform because there are not the burning issues in this be any disagreement with any of those — what I might bill that there were in the original act. As I said earlier, I call — Brideson principles. I believe those principles will outline some of the most interesting history. are all espoused in the bill and that is why I support its broad thrust. I support most of the bill which replaces 12 acts with one consolidated one. I really only have four issues, and EDUCATION AND TRAINING REFORM BILL

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I think it is important that we have a look at a snapshot I shall compare today with yesteryear. In 1872 the of the education system today. I have gone to the colony of Victoria had a population of only 760 000, 2004–05 annual report of the Department of Education and the school enrolment in that year was 144 000. and Training. Its total operating revenue was After the Education Act of 1872 was implemented $6701 million. Its total assets are over $10 000 million. there were truant officers, as they were known in those We have four metropolitan regions and five days, and the school population obviously grew non-metropolitan regions. In government schools there dramatically, because after four years it had grown to is an enrolment of 310 000 primary students, 219 000. 222 000 secondary students, 7200 special school students and a language school with just over 1140 — It is also interesting to note a statistic — I do not how it well over half a million students in the government was obtained — that is published in a book on the system. We have a total of 1617 schools to educate the history of Victorian education entitled Vision and children from those groupings I have given. Realisation and written by L. J. Blake, a former school inspector I encountered when I was a young teacher. In the non-government sector, in 2004 over The book states that the percentage of the Australian $300 million in financial assistance was given to population that could read or write grew from 58 per non-government schools by the state through untied cent in 1861 to 80 per cent in 1901, so there was recurrent funding and specific purpose grants. The obviously a substantial improvement as a result of the non-government sector educates 290 000 students per Education Act of 1872. year, which is almost 35 per cent of all Victorian students. Of those, 62.5 per cent attend Catholic schools This bill builds on the strengths of that act. I would say and 37.5 per cent attend independent schools. As at that the 1872 act was the foundation of the current February 2005 there were 483 registered Catholic education system we have in Victoria today. Australian schools and 216 registered independent schools. I also schooling originated at the time of the original note that at page 120 the annual report gives figures for foundation of the British colonies when responsibility numbers of teachers employed. It shows that there are for the provision of education was divided between the some 20 266 primary teachers, 39 500 secondary church and the state. This period, which lasted up to the teachers, over 10 000 non-teaching staff and roughly 1870s in most colonies, was largely characterised by a 1700 full-time staff in non-school locations. The debilitating sectarian conflict and the failure to create an education system in Victoria, both government and effective universal system of schooling. non-government, is of substantial size and takes up an enormous part of the state budget. In response to this most unsatisfactory situation, colonial legislators began enacting legislation I also note, and this is relevant to one of the embodying the principles of free, compulsory and amendments foreshadowed by the Liberal Party, that secular education for what was known at the time as the we currently have a Registered Schools Board and a ‘common people’. Even if you have a look at the Victorian Qualifications Authority. The acts which structure of this Parliament, back in the 1870s you had cover the board and the authority will be dispensed with to be a wealthy landowner to be a member of this place, and their provisions consolidated in this bill. There are and there was obviously a great distinction between two representatives of the Catholic Education ‘them’ and ‘us’. When you look through Hansard Commission and two representatives of the Association debates of that time you see that the terminology used of Independent Schools of Victoria on the current refers to the ‘common people’ or the ‘gutter children’. Registered Schools Board. There is currently a member It is language that is anathema to all of us today. from the Catholic sector and a member from the independent schools sector on the Victorian During the last quarter of the 19th century a lot of Qualifications Authority. progress was made. It is enlightening to look at that favourite book of all members of Parliament A People’s In practice the minister recognises those systems as Counsel, which was written by our beloved Ray represented on those two authorities, and the Wright, a former Usher of the Black Rod. In Ray’s foreshadowed amendment goes to our view that those history of this Parliament he pays great attention to systems should be directly represented as of right on the what went on in education debates in the chamber. The new Victorian Registration and Qualifications book says: Authority. I know the minister has done it in practice. I …in the 10 years to 1875 when Catholics and Protestants hope that she will continue to do it in practice, and I see fought each other, themselves, and successive governments no reason why she would not accept the Liberal Party’s over the issues of secular education in government schools, foreshadowed amendment in regard to that. and state aid to denominational schools. EDUCATION AND TRAINING REFORM BILL

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This is something we do not have today, and that is … so extreme was the Catholic and Anglican condemnation why I say that this bill is perhaps not unique and not as that he was ultimately driven to ‘an extreme secular position’. Higinbotham’s bill on the subject fell prey to a coalition of historic as the 1872 act. The book also says: diverse Catholics and Protestants. By 1872 the issue of secular education had polarised the community. The Francis The battle honours may be summarised as follows. In 1862 government thus adopted the view that since various religious the Common Schools Act laid down the administrative spokesmen in general, and Catholics and Anglicans in foundations — particular, ‘will not be reasonable, we shall not regard their wishes at all’. for education in the state. It continues: The Attorney-General, James Wilberforce Stephen, Unlike denominational institutions, government (or common) schools — who drew heavily on the outcomes of the royal commission, introduced a bill in 1872 which became as they were known then — the Education Act and implemented compulsory, free and secular education. were to provide at least four continuous hours of secular lessons each day. I want to point out to the chamber that the bill was They had to teach 2 hours in the morning and 2 hours in introduced into the Assembly on 12 September 1872. It the afternoon, which was the bare minimum. Teachers was debated on eight consecutive days and there were had to be accredited. There were no universities or five days in committee. The bill was then sent to the teacher colleges to train teachers in those days. Most of Council. It must be remembered that there were only the teachers were students who had gone through the gentlemen in here — — school system. It is also interesting to note that the Mr Lenders — What about Wendy? schools only went up to grade 8. Presumably if you were a bright student and were looking for Hon. ANDREW BRIDESON — No, there were advancement at a higher level of education, you paid to only gentlemen in this chamber in 1872. They sat for go to one of the church schools. Teachers were paid by three days, and the days commenced at 4.30 in the results, but that was abolished in 1901. afternoon and finished at about 10 in the evenings. There were three days in committee and there were I have read some interesting stories about teachers and amendments made. A message went from this place to how they achieved their payments, and if I get time I the other place and the amendments were adopted and shall refer to some of those. I can remember one story then the bill came back. The 1872 bill was debated about an inspector visiting a school in rural Victoria to against a vastly different set of circumstances than assess the students on a day when the temperature was exists today. I say that today’s bill is perhaps not as 106 degrees. While the inspector was there some of the historic in the sense of the political and religious children fainted and therefore their results were not as background of the times. good as they could have been. The teacher’s payment was reduced because the students were not performing. I took the liberty of reading the 1872 act. I have all That sort of thing happened in those days. these tabs in it but unfortunately I cannot really quote from it because this debate is being truncated today. Hon. P. R. Hall — I think ministers should be paid However, I urge members to read this very important according to their results! tome. It disappoints me, as I am sure it does The Hon. ANDREW BRIDESON — I will let you take Nationals and even members of the government, that that up, Mr Hall. An inspectorate was established, but we will not have the full amount of time this important the attempt floundered under the weight of sectarian bill deserves. opposition and the intrusion of the Crown into private I want to quote from a public speech made by the chief affairs. I will revisit that later when I talk more about secretary back in 1872. It shows how religion played a home-schooling and the fear that there will be intrusion very active part in the debates at the time. For the sake into home affairs. Because of the dire situation, the then of time I will leave out a lot of what I was going to read Attorney-General, George Higinbotham, chaired a but in relation to secular education I will quote from royal commission into education, recommending that page 1980 of the 1872 Hansard. It states: education be compulsory. The government have also determined to recognise this Although Higinbotham personally favoured unsectarian principle, that schoolmasters have no right to be priests religious instruction in state schools, Ray Wright says: without pulpits. On the other hand, it is better, perhaps, to each — both to schoolmasters and clergymen — that they should be left the proper arena for the exercise of their EDUCATION AND TRAINING REFORM BILL

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respective duties. If we knew that clergymen would and had However, I want to draw attention to some of the really attended to the duties of education, we might consider concerns and issues we have. Before proceeding with this matter from a different point of view; but our own knowledge tells us that, practically, a clergyman meddles and that I will make mention of the amendments the Liberal muddles and dictates, whilst seeing that a little sectarian Party will be proposing and which will be discussed in religion is inculcated. the new forum of the Legislation Committee. I will make further comments on this as I proceed. We intend That was the backdrop then, thankfully times are now to delete all references to home-schooling, and I will much different. have a lot more to say about that later. As I said earlier, It is probably time I moved on to the current day. we want membership of the Victorian Registration and However, before doing so I would like to acknowledge Qualifications Authority to include, as of right, the very good briefing members of the Liberal Party members from the Catholic Education Commission and received from the Department of Education and from the interests of the other non-government schools. Training. I would particularly like to acknowledge John We want education for those who are completing the Livi, the legal officer. I have known John for some Victorian certificate of education — for students who time — I had dealings with him in a former life as a are aged 20 or more — to be free. We want the power teachers union official and I always found John to be a of self-regulation to be given directly to most professional and loyal public servant. John Livi non-government schools and systems rather than it was a legal officer under former education ministers being provided by a delegation from the minister. We Gude and Hayward. I have had dealings with him as a propose four relatively minor amendments and, as I government member and as an opposition member. said, we will be discussing them in another forum. John is one of the most highly respected and prized Perhaps that is the most historic aspect of this bill — public servants and I want to acknowledge his work in that it will be only the second bill to be put to that putting this bill together. It has been an absolutely committee. mighty effort. This state will be worse off because I I will provide a very brief overview. Chapter 1 of the believe John is retiring. I would like to take this bill contains preliminary content and a set of principles. opportunity to wish John all the best not only from This is the first time a set of principles has been myself but on behalf of the Liberal Party. John really enunciated in an education bill. I have read the does need recognition for the job he has done; he has principles and while they are very good principles, this been outstanding. is a bit of spin in the bill. The bill could stand on its Why do I say this is such a great bill? It has been very own without these principles but I think they are well put together. I happen to also be a member of the probably worth putting in the bill. They include things Scrutiny of Acts and Regulations Committee and we such as Parliament will have regard to the following had a good look at the bill before it even came into the principles — I will not go through all of them — all Parliament. The committee was so impressed by the providers of education and training in all sectors will way this bill is set out that it wrote a letter to the give a commitment to elected government, rule of law, Minister for Education and Training letting her know of equal rights for all before the law, freedom of religion, the high standard the education department has set. We freedom of speech and association, and values of trust that all other government departments will take openness and tolerance. They are worthy principles to note of what education has done. have but I think the bill would still have been a good bill without those principles. The bill has a very good explanatory memorandum. Not only that, it has a section which sets out all of the Chapter 2 concerns school education and outlines the changes brought about by the consolidation of all of the parental obligations for sending children to school. The acts into this bill. I think that is the first time that has compulsory age is there and the compulsory attendance been done. The bill itself is set out in chapter form, age has been increased to 16 years. I think that is a good which makes for very easy reading. It uses thing for today’s society. An abundance of research contemporary language and it will be a very good bill evidence shows that the longer a child is educated — for students, lawyers, members of Parliament and the and I will say educated in any setting, including public to read and understand. Compliments to the home-education at this stage — the more likely they are department for that. to have a successful future.

I now want to turn to some of the contents of the bill. I One thing I will comment on in passing is the school will not go through it chapter and verse — there is too leaving age. Not all students achieve the highest much in it for the time that has been allocated to me. standards by the time they reach 16, and there should be some alternative pathways for students who have a EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1339 more technical bent for learning. I am a bit old As I said, there are issues raised by the bill. I have made fashioned and would like to see the reintroduction of a brief statement on the principles and the leaving age. technical school education, but I believe the Regarding compulsory attendance, there is really no government is embarking upon that. I do not have the significant change from the 1872 act: parents can still details, but I can remember reading in the education notify schools about reasons for absences. Perhaps the journal we all get in our electorate offices that the biggest change is the use of more contemporary government is going down the path of providing new language. technical schools and tying them in with the TAFE institutes. Certainly the federal government is Fees and voluntary contributions are mentioned in the implementing a system of technical education. I would bill. This is also a carry-over from the 1872 act. Clause like to see more lenience for students who are not truly 2.2.4. is quite specifically headed: academically minded but require a more practical type 2.2.4. Instruction in specified learning areas to be free to of education. students under 20 The nature of religious education in government As I said, we will try to change that aspect by an schools is also canvassed in this area of the bill. amendment. It is very important that when we try to Education will remain secular, but there is now more educate a person to be a better citizen and have a job scope for teachers to discuss religion as part of other et cetera, if they choose to complete their Victorian lessons and other subject areas. It is the first time that certificate of education they do so as a cost to the state. has been included in legislation, and I think that makes We certainly do not believe students returning to it clearer for all concerned. learning should have to pay.

Chapter 2 also contains provisions about One very important aspect of the bill is in clause 2.2.7, neighbourhood schools. There are always issues about which is headed ‘Voluntary financial contributions’. boundaries and the capacity of schools to take a number This is a very vexed question. I know from having been of students. Again this is the first time it has been a practising teacher that it is impossible to run a school recognised in an act of Parliament, and I ask that and school programs without the voluntary fees that commonsense come into play in cases such as siblings parents pay. I stress the word ‘voluntary’. They are attending the same school and people living close to voluntary. I know there are many instances of schools boundaries of school neighbourhood zones who want to trying to force parents’ hands and extract a compulsory attend the nearest school, if that is a suitable school for fee, and I know the reasons why schools have to do them. that, but the Liberal opposition certainly agrees with this provision, which spells out very clearly that no Chapter 3 has regard to post-school education and student ought to suffer in any way if their parents training. It talks about the Victorian Learning and cannot afford to pay such fees. Employment Skills Commission being renamed. Again it is nothing substantial. The chapter is in three parts I know that in my teaching days we had some families and contains provisions related to vocational education who genuinely could not afford to pay fees. We were and training, higher education and adult, community always able to make arrangements for them by finding and further education. an Apex Club or a Lions Club that was prepared to donate or we would use the State Schools Relief Chapter 4 is a fairly significant chapter. It establishes Committee. There is always a way to help the Victorian Registration and Qualifications Authority, underprivileged families. If we knew the parents we and I have already mentioned the membership of the would say, ‘It is only a packet of cigarettes a week that board and said I would like to see this made more you need to give up’ and the parents would quite often specific. The provisions set out the functions of the see reason in that. Or we would say, ‘It is a couple of authority and all its working arrangements. It is all there beers at the pub. Don’t have those and your child will in the bill, and there is no reason for me to explain it in receive a much better education’. When we talked that any further detail. Chapter 5 contains provisions language we were able to convince quite a few parents relating to the minister’s powers and the department’s that they would be doing their kids a favour. and secretary’s functions and powers. This again is a very important chapter, and John Livi really explained I do not need to touch on secularism; I think I have that in detail to us at the briefing. Chapter 6 actually covered that aspect in relative detail. I should mention lists the 12 acts that are being repealed, and there is no that there is to be a common regulatory regime for need for me to go through the names of all those acts. schools. There is a procedure by which schools will be registered by the Victorian Registration and EDUCATION AND TRAINING REFORM BILL

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Qualifications Authority. I also need to mention that Hon. ANDREW BRIDESON — Even the Minister this bill is the first that effectively bans corporal for Sport and Recreation is an advocate of A. S. Neill! punishment. I think that is a very good thing for the schools. That ban is not specifically mentioned under a Hon. J. M. Madden — I didn’t say I was an heading such as ‘Corporal punishment banned’; it advocate; I read him. It’s very different. comes under a requirement for registration. Clause 4.3.1(6) says: Hon. ANDREW BRIDESON — It was very different! I was encouraged to develop this open The Authority must not register a school unless the Authority education style of teaching by Tom Carse, who was an is satisfied that— inspector of schools for Warragul. I like to think that I was successful in this. We were inspected, and I (a) the school policies relating to the discipline of students are based on principles of procedural fairness and do not received an outstanding teaching assessment for my permit corporal punishment … work in open education. We had lots of interstate and international visitors come and visit my classroom I do not think that there would be anybody in this down at Nilma. When I was promoted I took this style chamber who would disagree with that. of teaching back to Pembroke Primary School in Melbourne; we had an open education unit there. The most contentious issue in this bill is that of People from all around the state and from interstate home-schooling, and I want to spend the rest of my came and looked at the work we were doing. So I really time talking about the home-schooling issue. Like all understand where the home-educators are coming from. members, I have had an enormous number of visits, In fact my own two daughters, whilst they were emails and calls from people concerned about educated in the formal government and home-schooling. non-government systems, were taught to read by my I think I am relatively well qualified to speak on this wife from the age of three, so they were already reading subject. I spent 15 years as a rural school teacher, before they went to school. teaching in one and two-teacher schools in country I think it is important to understand why people Victoria. In those schools I educated families. We had home-school — why people educate their children at brothers and sisters and cousins in small numbers. I home. Firstly it is a personal choice that they make. liked to think I was an educator of families back in They have philosophical reasons, and the those times — they were all educated in the one class. home-educators I have spoken to all understand We had less rigid timetables than would operate in a educational philosophy or ideology. Many of the people larger school setting: we would go on nature walks I have spoken with know of John Holt and of which might have taken a half day and other such A. S. Neill and the Summerhill experience. In fact John things you could not do in a larger school. We would Holt has written many textbooks on how to educate do maths for a morning if that was the way the your children at home. children’s interests were inclined. We could do a whole day on social studies or English if we wanted to. But There are religious reasons. Many parents believe they over the 12 months of the year the curriculum would can educate their children better in an environment that have been covered and balanced. That is the way a lot is more religious than the environment a system gives of parents educate their children in the family situation. their students. A lot of parents educate their kids at home because they believe they can impart better Back in the late 1960s and early 1970s I was also an morals — better values — that are more in keeping advocate of what was then termed ‘open education’. with their families’ values. Perhaps one of the most Mr Scheffer from the other side is probably the only important aspects here is that people educate their other member in this chamber who would know what children at home because they choose to. What I do not that was — or maybe Mr Hall, who was also a teacher, like about this bill is the fact that that right is being might know what open education was. The Acting diminished. It is not being totally taken away — they President is indicating she knows what open education still have the right — but I think it is being diminished. was. I was a great advocate of John Holt and A. S. Neill, and in a couple of my rural schools I was There are some very good research papers and articles encouraged by an inspector — — about home-schooling. I attended a seminar put on by the Home Education Network in the Parliament last Hon. J. M. Madden — I read that book. I read week. One of the messages that came out of that was ‘If A. S. Neill. it ain’t broke, don’t fix it’. Whilst that is very simplistic, I think it is an apt phrase to use. A lot of the EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1341 home-educators just do not see that there is really any geography. He has a full collection of the Melway street need for the registration processes they will have to go directories spanning 40 years of Melbourne’s through. geography. He has very good computer skills. His favourite subjects, in order, are: English, drama and At that meeting I asked one of the parents, ‘What is science — in particular he enjoys studying physics, your specific reason for opposition to this piece of cosmology, astronomy and planetary sciences, geology, legislation?’. That parent said, ‘It is a libertarian issue. biology, chemistry and technology. He like maths. He We are very fearful of the attendance officers knocking classes maths as arithmetic, measurement, algebra, on our doors to see what we are doing. They have the geometry, trigonometry and probability. He loves right to enter our homes’. That is the basic fear. It is the history and geography. He said: basic fear that the bureaucracy is going to intrude upon their families and the way they choose to educate their … home-education with a natural learning approach has children. several advantages compared with classroom education. The main benefit of having my immediate family in charge of my education is that they know what I have and haven’t learnt, I have no doubt that probably 99.9 per cent of rather than my teachers not knowing me and assuming every home-educators are doing the right thing by their member of the class has learnt, for instance, everything children. I am very impressed by the home-educators covered by the year 8 curriculum but nothing as yet that is and their knowledge of education, the fact that they covered by the year 9 curriculum. communicate with each other via the Internet and the That is just one example of the many items I have fact they have social networks. My greatest concern received and discussed. His six-year-old sibling has about children who are home-educated is that they miss also written to me. She said: out on socialisation into the community, but the parents are so concerned about this aspect of their children’s I do not go to school. I have never been and I never want to education that they all make specific allowances by go. I learn at home and do things I am interested in. Mum also developing networks. They take their children to meet gets me to do some things I am not really interested in. I started reading when I was three years old. I love reading and other home-educated children. They take their children learning all sorts of things. Sometimes Mum says I am her to local libraries, sporting clubs and community events question pest. so they are socialised into their communities. We can all relate to that with our own children. It is a A lot of research is now coming out, and I make delightful letter. The child finishes by saying: mention of Dr John Barratt-Peacock, who addressed us at the forum last week. His research shows that Mum has told me that the government wants to change the law so that I might have to learn certain things and we might home-educated children are well socialised and can have people come to my home. I do not want people who I perform very well academically later in life if they don’t know coming to my home. I also don’t want people that choose to do that. I don’t know and that don’t know me telling me if I can keep doing what I am doing. As I have said, I have had a lot of discussion with the home-educators. I will read an excerpt from a letter That sums up from the eyes of a child exactly what the from a student, one of my constituents, who actually home-educators are feeling at the moment. took to the time to write to me. It states: Because my time is truncated I will talk a little bit about I am a 14-year-old home-educated boy. My two younger one of the most famous home-educators I was able to brothers and I have been home-educated for most of our lives. find — I found this by chance when I was doing some reading — John Stuart Mill. Many members in here are I am currently working towards a career as an author and have been for some considerable time. I wrote my first book probably familiar with the works of John Stuart Mill. when I was four years old and have since finished a total of Mill was an English philosopher of the 19th century. 56 books. Reading these books now I can see that my writing He was a logistician and economist. He was the eldest is constantly improving. son of a British historian. He was a political economist. His father, who was a philosopher also, was James As well he runs three family newspapers and Mill. John Stuart was educated exclusively by his magazines. He also makes movies with his brothers father. He said his father was a strict disciplinarian. using the digital camera at home. He has conducted a comprehensive study of the metric system. He has By the age of eight Mill had read most of the Greek invented his own system of timekeeping, replacing classics, had made his own translation of many, read a hours and minutes using powers of 10. He is probably great deal of history and started Latin, the geometry of better educated than a lot of us in here in many aspects. Euclid and algebra. By the age of 10 he could read He has spent years studying world and Victorian Plato and other philosophers of the time with ease. At EDUCATION AND TRAINING REFORM BILL

1342 COUNCIL Thursday, 6 April 2006 about the age of 12 he began a thorough study of My views probably sit fairly comfortably with scholastic logic, reading the works of Aristotle from the J. S. Mill. In relation to home-education I do believe the original. The following year Mill was introduced to state has the ultimate responsibility to see that all political economics and studied the great Adam Smith. children are educated, but it must remain the very strong right of parents to be able to choose whether they John Stuart Mill went on to become a member of the want their children to be educated in the home or in a Parliament of Westminster. He was elected in 1865. school system. I finish my contribution by imploring That is not bad for someone who was home-educated in the government to listen very carefully to the wants of the 19th century. It shows that home-education has the home-educators. With that final request, I wish this been with us for a long time. It is certainly with us bill a speedy passage and I look forward to participating today, and it is going to be with us for a long time into in the debate when we move our amendments before the future. What I do not want to see is the bureaucratic the Legislation Committee. regime which this government wants to impose on home-educators forcing home-education underground, Hon. P. R. HALL (Gippsland) — I am pleased to as has happened in Queensland. present to the house the views of The Nationals on the Education and Training Reform Bill. When one reads We do not know how many students are this bill being described as — I use words from the home-educated, but one of the papers of second-reading speech — ‘the most significant Dr Barratt-Peacock which I read suggests that there is education reform legislation since the original act of between 1 per cent and 3 per cent. There may well be 1872’, or if you consider the Minister for Education and up to 10 000, 11 000 or 13 000 students who are being Training’s press release when this bill was first home-schooled — I might say, saving the taxpayer an circulated on 15 December 2005 which states that ‘the enormous amount of money. I do not want to see and bill will set the standards for future generations’, one nor do the home-educators want to see an overly believes something exciting and innovative is about to bureaucratic system. happen, and one would think there is going to be a major overhaul, a major restructure, something very Coming back to J. S. Mill: I tried to look for some innovative in terms of the structure of education in this comfort in relation to education from Mill. I find Mill state. very difficult to read and understand. Alas, there is very little change in this bill before us. Honourable members interjecting. There is little innovation or imagination and in fact Hon. ANDREW BRIDESON — It is not because there is very little public interest apart from those who he was home-educated. He was far brighter than any of are involved in home-education. There has been very us, I suspect, but in relation to education — and I do not little public interest in this bill. Even now I ask disagree with him and I hope I have the correct educators of different sectors — at a school level, a comprehension or meaning — Mill says in particular vocational level and an adult level — about their views that society has every right to compel parents by law to on the bill before the chamber for discussion this week. provide a suitable education. He said: The vast majority of them would not even know that this so-called major piece of legislation is coming It still remains unrecognised that to bring a child into before the Parliament. I say in relation to the existence without a fair prospect of being able, not only to government describing this as of a major or significant provide food for its body, but instruction and training for its education reform, or as setting the standards for future mind, is a moral crime, both against the unfortunate offspring and against society; and that if the parent does not fulfil this generations, I do not think it lives up to that description obligation, the state ought to see it fulfilled, at the charge, as in any way at all. far as possible, of the parent. One asks oneself what will be different following the Mill goes on to say this does not imply that the enactment of this bill and I suggest that there will not be government must monopolise the provision of much difference of any great significance. There will be education or even provide any schools. He further said: some name changes, some changes to reporting and accountability mechanisms, some changes to matters It might leave to parents to obtain the education where and how they pleased, and content itself with helping to pay the like the school leaving age, but nothing really that school fees of the poorer classes of children, and defraying brings about fundamental changes to the structure of the entire school expenses of those who have no-one else to education in Victoria. pay for them. The dominant thing that is actually achieved by this bill is the consolidation of 11 separate acts of Parliament EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1343 relating to education, all being brought under a single circulated throughout communities, and indeed they act called the Education and Training Reform Bill. That have, and people have commented on those, and indeed is significant in itself and I am not denying that this is they did. But people wish to see the changes in terms of an important and efficient step to bring 11 different acts legislation. They want to see how the government is of Parliament all under one act. I acknowledge that the going to translate their comments into law. task of doing that was a mammoth one. I know people like John Livi have spent the best part of two years We had an exposure draft of the bill released on working to bring those 11 acts of Parliament together 15 December 2005, with comments closing on and I commend him for all the work he has done and I 23 January 2006. I say to anybody if you wanted to concur with the Honourable Andrew Brideson when he pick a time that discouraged people from having input extended thanks to John and others who have been into a process, then you would pick the time from working on this for a long period of time. They have 15 December to 23 January, particularly when it is done it largely successfully — without innovation, as I about education. Schools knocked off on 17 December have said before, but that is not the department’s fault; last year. That was the date they all went on holidays, the government set those policy directions of education. and they did not come back until after 23 January. I am The task of bringing 11 acts together under one act is a not sure of the date, but it was close to the end of very significant one and John and others have done that January before they came back. Schools were on very well. I have said that personally to John Livi and I holidays during this time, and people were involved say it again publicly that he and his team have done a with Christmas celebrations and the holiday period. magnificent job with this new bill. If you wanted to pick a time that would give the least The way this piece of legislation is set out is also very opportunity for input into a consultation process, you helpful. This print of the bill begins with an explanatory would pick the time from 15 December to memorandum that is in three parts. The first part lists 23 January — and that is what this government did. the main changes to the previous acts that are That detracts from what probably represents a large incorporated in this bill. The second part elaborates on volume of work. The government should not have particular provisions needing further explanation. Then anything to hide and should have put the legislation out there is the clause by clause explanation of the bill. It there over a longer period of time to enable people has been helpful for us and for others who have picked adequate time to make comment about the legislation. up this bill to have those main changes spelt out in That is the first thing I wanted to make comment about. dot-point form at the start of the bill. The important thing is that people were denied adequate time to comment on what the government I want to clarify one point about the title of copies of proposes to do before the final print, the final the bill. A constituent asked about the difference translation of their comments into law. I think even between the title of the bill when first introduced into now very few people out there in the community know the Parliament, the ‘introduction bill’, and the bill we that we are now debating in this chamber a major new have sitting on the table before us, the ‘circulation education bill. print’. I am advised by the architects of all this that there is no difference; it was simply a matter of timing. The second general point I want to comment on is what The first print of the bill was called the introduction this bill does not encompass. We know it includes bill, and thereafter it was called the circulation print, so school education — both government and the title appearing on the front page of the two forms of non-government — special schools, vocational the bill makes no difference. education, adult education and tertiary education. It includes the teaching service and matters relating to As I said before, it is helpful that the architects listed registration and curriculum — different courses. What the main changes at the beginning of this print of the it does not include — and I can think of two significant legislation. It is a useful list to go through and make omissions from the bill — is any legislation relating to some comments about the provisions within this bill. I preschools and neighbourhood houses. Education is a intend to do that, but before doing so I want to make lifelong experience, and to my mind it starts as soon as some general comments about the way this bill has a child is born but formally in the system of preschools, been developed, what it might encompass and what it moving on to schools and then higher education. It does not encompass. The first thing I want to comment would have been entirely appropriate, if we are talking about is the consultation process that was embarked about bringing all aspects of education under one act of upon to bring the bill to where it is today. The Parliament, to have included preschools as well, and at government will claim it has gone through an extensive the other end of the spectrum to have included consultation process, that draft principles have been neighbourhood houses. Neighbourhood houses allow EDUCATION AND TRAINING REFORM BILL

1344 COUNCIL Thursday, 6 April 2006 many adults to go back into an education process when the first time a set of principles that underlie the they would otherwise not have the opportunity. legislation are provided in the bill. The range is significant, and some will have regulations to show I claim — and it is the view of The Nationals — that how they will be implemented in schools. both preschools and neighbourhood houses are important planks in the education system in this state, Clause 1.2.1(a) states that all schools and providers of and we believe they, too, should have been training are to incorporate a commitment to: encompassed as part of this bill. Indeed it is the view of The Nationals that preschools should be formally part (i) elected government; of the education system we have in this state. (ii) the rule of law; Preschools in small communities struggle, and they struggle on two counts: they have to undertake all the (iii) equal rights for all before the law; administrative work regarding employment and running (iv) freedom of religion; the kindergartens as well as maintaining the facilities. We believe there still can be local autonomy left with (v) freedom of speech and association; preschool committees, but they could be relieved of some of their burdensome tasks in relation to (vi) the values of openness and tolerance. employment and fundraising if preschools came under That is fine in theory; I do not think any of us disagree the administration of the Department of Education and with that. It is the sort of thing that, fundamentally, we Training. all believe in and practice. It will be interesting when We make the same claim about neighbourhood houses. the government actually prescribes by regulation how They are an important component, particularly in small that sentiment will be enacted through the schools and communities, and yet they receive little support or training providers. It is the same with subclauses (c) funding from government. In terms of the whole and (e). We will all have to develop regulations to education spectrum we believe this bill is deficient in nominate how the principles will be progressed through that it does not include provision for both the very the education system, and it will be a matter of interest young — the preschool sector — and part of the adult as to how those regulations evolve. sector, being neighbourhood houses. There are some However, I make this point: where there are no details other deficiencies in the bill, but I will get to those of how those principles will be enacted, the when I talk about some of the provisions. home-educators will have concerns because they will The list of main changes described on pages 2 to 8 of be subject to regulations which are yet to be prescribed. the explanatory memorandum is useful for making It is the same with some of the principles; we do not reference to the significant changes in this bill. First of know how they will be enforced or how schools will be all, as I said, the bill is a consolidation of the 11 acts of required to reflect them, and that is a concern for us. Parliament listed on page 1 and covers most areas of Clause 1.2.1(b) is interesting, because there will be no education except for the two I mentioned. Flipping regulations. It talks about access to education and how through the main changes listed on pages 2 to 8, they everybody, regardless of where they live or their social predominantly relate to school education, and there is or economic status, should have access to high-quality very little change applying to vocational, adult and education. We would all agree with that sentiment, but tertiary education. That reinforces my view that there is the reality is that that is far from the truth. It does not very little innovative change in this legislation. The happen. For example, if you live in country Victoria, changes seem to focus upon just the school sector. I you are less likely to participate in tertiary education — think there could have been more done to link those and why? Because the cost to parents of tertiary sectors — for example, the development of education education is so excessive. precincts around the state is very good, innovative work, but in this bill there is no structural framework When I attended the Gippsland field day last weekend for overlap or integration of some of the sectors. That is the most common thing that people who came up to me an example of where the government could have been spoke about was the cost of sending their children to more optimistic, innovative and forward-looking in university. Probably on average it costs a parent setting out a framework for structural, innovative $10 000 or $12 000 a year for a child to attend a change in education. university campus in Melbourne — a significant impost which many cannot afford. I know this is an issue that The main changes are predominantly in the area of the federal government needs to consider more than the school education. The first relates to principles, and for EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1345 state government, but the fact is we are seeing many leaving age will be increased from 15 to 16 years of country kids deferring for a year, going out and trying age. I am not sure if a valid reason is given as to why to get a job so they can earn the $17 500, which I think the government has chosen to increase the school is the Austudy threshold figure. Then if they go back to leaving age. Simply because other states have a school university having earned that amount, they can get an leaving age of 16, is that sufficient reason for us to Austudy allowance to help them. It is a ridiculous increase our school leaving age from 15 to 16? I do not situation, and I certainly intend to take it up with the think it is. I am concerned that some students who federal government. would be better off doing a job or being in part-time employment in conjunction with their schooling may Access to education is also limited in smaller have their opportunities to do so limited under this communities. The offerings of a small country school provision. compared to those of a much larger school in a regional or metropolitan area are nowhere near as great, so I know of many examples where students have not where you live significantly determines your access to fitted into the mainstream school system. Schools and education. Your economic circumstances also have a parents have worked together to secure employment bearing on what education you are able to receive. experience for young students under the age of 15 in some circumstances — certainly between the ages of Clause 1.2.2(2)(b) talks about instruction in key 15 and 16 — so they can be gainfully employed part learning areas. It states: time while still attending school part time to complete their study. I am not sure if the lifting of the (b) instruction in the learning areas in Schedule 1 is to be provided free of charge for all students (except overseas compulsory school leaving age from 15 to 16 is going students) attending a Government school to the to impede the ability to have a flexible learning process completion of year 12 if the student is under 20 years of for some children who perhaps would find it age on 1 January … advantageous to have part-time employment in conjunction with part-time schooling. Recently I raised by way of letter to the Minister for Education and Training the circumstances of two young Concerning religious instruction, I am delighted to see mums returning to school at Cann River. There is no that the government has seen the light and is continuing TAFE institute they can go to complete their Victorian the current arrangements for religious instruction in certificates of education (VCE); the only option is to schools. It should be a school council decision as to attend the Cann River P-12 school, which they are whether religious instruction can be offered to students doing — and they are doing very well — but the in schools, and it should be a parental choice as to presence of one of them is not recognised by this whether their child attends those religious instruction government. The school is not funded for that student sessions or not. There has been considerable lobbying because of the provision that once a person is aged over from the religious sector to ensure that the status quo 20 they are not entitled to free education, so the remains, and I am pleased the government has seen it government of the day has refused to fund the school that way and has kept those provisions in place to for the attendance of that student. I say that is wrong. enable, at school council choice and at parent choice, Many people in country areas only have the opportunity the delivery of religious education programs in schools. of attending their local school for their VCE or other courses, and that issue should be addressed. That The bill makes significant changes to home-schooling, principle does not take into account all of the six and I will return to those changes during the course of commitments that are necessary. my contribution to the debate. Some of the next changes listed relate to free instruction, making it clear There is a whole issue about the principles. You could that there is an obligation for registered schools to argue about the merits of those principles, but I will provide free instruction in the key learning areas for all not — most of them are commonsense things. I just those under 20 years of age as of 1 January. I have hope they do not become simply rhetoric and that there made my comments about those 20-year-old-plus are some affirmative action plans to ensure that those students who are returning to school. principles are introduced. Voluntary contributions are also referred to. I am not Going back to the main changes set out in the bill, we quite sure why those two points are listed as being main note that state schools will be no longer and schools changes, because my reading is that there is not much will be called either ‘governments schools’ or change in either of those. School councils are still ‘non-government schools’. It is sensible to have some allowed to set a voluntary contribution, and parents are uniform labelling of the schooling system. The school not compelled to pay that. I do not see that as being EDUCATION AND TRAINING REFORM BILL

1346 COUNCIL Thursday, 6 April 2006 different from the current arrangements, nor do I see not perform as well as those from more affluent any significant change in the issue of supposedly free backgrounds, and we need to take that into instruction. However, I want to make this comment: I consideration. acknowledge that schools are forced to raise funds, and that is a pity. There is plenty of capacity to increase Probably the most significant change in the bill is the funding to schools so they would not have to go about establishment of the Victorian Registration and the exercise of getting voluntary contributions from Qualifications Authority (VRQA). I think this is a parents. Voluntary contributions are voluntary: some sensible move. This new authority will replace the pay, some do not. Some who could well afford to pay functions of the schools registration board, the do not on principle. We have a mismatch of the whole Victorian Qualifications Authority and I think the concept of voluntary contributions. The government Victorian Curriculum and Assessment Authority. would have been far better off increasing funding to Ministerial powers to accredit tertiary courses will now schools so that they are not reliant on voluntary belong to the Victorian Registration and Qualifications contributions from parents. Authority. Registration will now apply to both non-government schools and government schools. It I have no objections to fundraising. I think it brings will also apply — and this is a point of contention I will about a great community spirit for the annual school talk about in a couple of minutes — to the registration fete, the plant sale or the school concert. They are great of students who are undertaking what in the legislation for bringing the community together, so I have no is termed ‘home-schooling’. problems with schools embarking upon voluntary fundraising exercises, but the government has the In some respects having a common registration and capacity to reduce the need for schools to set voluntary qualifications authority is fine. Its powers are set out in contributions. proposed part 4.3 of the bill. That part sets out what the authority is required to do in relation to the registration, Changes to councils of government schools are also auditing and monitoring of what has been described as listed as some of the main changes in the bill. I think minimum standards that will apply in the areas of they are all sensible changes. At page 48 of the bill, home-schooling and training organisations. clause 2.3.27 of division 7 of part 2.3 deals with one particular aspect I want to mention in respect of school As I said, there are some issues with home-education councils. That provision stipulates that school councils and as the Victorian Registration and Qualifications will now have to prepare an annual report. I think most Authority is very much involved in that I think it is school councils do that now, or at least the bigger appropriate now, to turn my attention to that issue. The schools do. That report will cover certain financial first thing I want to do is to talk about the terminology. activities that are going to be set by ministerial order, The terminology throughout this legislation refers to and any other matters will be determined by the ‘home-schooling’, but many people I have spoken to minister. believe, and I agree with them, that a more accurate description is ‘home-education’. When you talk about It has been suggested, and you can relate this to some of schools you talk about school education, a common the principles behind this bill, that a report on student phrase that we use. If you are educating in a school, you performance in schools is going to be required in this talk about ‘school education’. If you are educating in annual report. I am concerned that we do not just the home, then it should be ‘home-education’. I want to require schools to present a simplistic set of figures to draw that issue to the attention of the chamber first. It is show how students perform, perhaps in their Victorian my belief that we should be talking about certificate of education (VCE) or their Victorian home-education rather than home-schooling. certificate of applied learning (VCAL), because there is the potential to have a comparison of the old league This bill has brought me into contact with a great tables type of situation where you compare one school number of home-educators in person, in conversation with another and unless you have the background to the and in writing. I must say from the outset that the thing school population to make that comparison, the that impresses me most about home-educators is their comparison is just not valid. I would hate to think that passion, their commitment and their strong belief that schools are now going to be required just to present home-education is in the best interests of their child. bald information on which people might make unfair Quite frankly I wish all parents had the same passion as comparisons between the performance of different the home-educators that I spoke with. They are not the schools. We all know of — I do not have to mention sort of people to use home-education as a means of examples — schools where children who are abrogating their responsibilities as parents. Indeed predominantly from disadvantaged backgrounds may educating a children at home is no easy task by any EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1347 means. It is a very time-consuming task, but these That is the way in which home-education was people are committed to it, and I commend them on the accommodated. If a child was not receiving efficient interest and commitment they invest in their children. and regular instruction as required under the act, the government of the day could prosecute the parents. Turning to some of the principles I spoke about before, Indeed there are legal mechanisms by which the if we look at page 12 of this bill we see that we are government can ensure that children are receiving encouraging parents to take an active part in the efficient and regular instruction. Those provisions exist, education and training of their children. That is in but there are currently no provisions that require parents clause 1.2.1(b)(iii). If you look at clause 1.2.1(d) you to register their children for home-education. see that it states ‘parents have the right to choose an appropriate education for their child’. If you look at When The Nationals sat down to consider the issue of those principles set out in the bill you see that those registration and regulation we asked, first of all, rights should be respected, and the wishes of parents whether there was a need to register and regulate — whose children are going to be involved in whether there was a problem with home-education. We home-education should also be respected. also asked how many prosecutions had taken place under the current provisions that monitor efficient and I am not going to go into a debate about the merits of regular instruction. The answer to these questions from home-education or otherwise. I do not think it is for us all the research we have been able to do — and we have in this Parliament to make a judgment on that. The seen no evidence to the contrary — is that there are no important thing is that, according to the principles, current problems with home-education and there have parents have a right to choose. They have a right and a been no prosecutions in the last 16 years under the responsibility to raise their children, and who are we to provisions in the Community Services Act that I just impose our own personal values upon them? Certainly referred to. Therefore there is no need for a change in if a child is being harmed in any way, physically or respect of this sector. We believe this is just another mentally, the state has a role in intervening, but if example of the Bracks government’s paranoia and parents choose to home-educate their children, that is desire to regulate everything — to keep its hands on all their right. I do not think that we as a state should be these things. We say to parents who home-educate: you intervening in that right. have that right. I am sure they are telling the Premier, Mr Bracks, to back off. Even though the government is The government wants home-educators both registered promising a light touch, the touch is still there, and and regulated — and this is a new concept. Contrary to there is no good reason for it. Home-educators are the views of the Parliamentary Secretary for committed people. They know what is best for their Education — until she was educated by children, and they do not want the government home-educators on this matter — students undertaking interfering with their rights as parents. home-education have never had to be registered in this state. Home-education has been accommodated under The Nationals set about finding a constructive solution existing legislation in both the Education Act and the to this issue. We see that the government wants both Community Services Act. Under the heading registration and regulation. I think that home-educators ‘Attendance at School’ section 53 of the Education Act predominantly do not want either registration or 1958 states: regulation. By way of trying to broker a solution to this, we suggested a middle road, so to speak — that is, that (1) The parents of every child of school age shall, unless there is a reasonable excuse for the child’s there be automatic but no-cost registration for those non-attendance, cause such child to attend a state who wish to have their children home-educated, but school on every school half-day in each week. that they should not be subject to any regulation. While I know many home-schoolers do not want any For a definition of reasonable excuse, you go to registration or regulation at all, we believe the majority section 74C of the Community Services Act. I quote would support a minimalist registration process without from the section: any regulation hanging over their heads. (3) It shall be a reasonable excuse as regards any child that — I am bitterly disappointed that the government will not accept the minimalist approach we have suggested, (a) the child is under efficient and regular instruction especially when there is no identified problem that in some other manner and is complying with the needs fixing. We are not trying to gain political points like conditions of attendance as are required under this section with regard to attendance at state on this issue. I have been upfront right from the start, schools … conferring with the minister’s office to try to broker a solution that would go a long way to being acceptable EDUCATION AND TRAINING REFORM BILL

1348 COUNCIL Thursday, 6 April 2006 to the vast majority of home-educators. We have not writing, in conversation and by way of emails — tried to score political points in this issue; rather, we although I must say I did not appreciate the 1200-plus have tried to achieve an outcome. emails I received from citizens of the United States of America in respect of this matter, as I would have It is even more frustrating when you look at the preferred just to hear from people who live in Victoria proposed draft regulations that were tabled in the and who will be subject to this legislation. Assembly during the course of the debate there last week and compare them with the amendments that The Home-educators are a very diverse group — it is Nationals circulated in the chamber. We proposed a impossible to meet, sit down and talk with them all, and system whereby registration was a simple notification there are not a great deal of alliances between them — in writing that you proposed to home-school your so I am grateful to two particular people and I want to children. The requirement was only to supply the name name them. First of all, there is Susan Wight from the and address of the registered student, the name and Home Education Network. Susan lives in the Bendigo address of each parent and the date the authority was region. She has been a great help to me in terms of notified by the parent — and there would be no cost communicating some of the views of The Nationals involved whatsoever. and, more importantly, getting the views of home-educators in respect of these matters to The If you look at the draft regulations, you will see many Nationals. I am grateful for her support, as I am for that of those provisions. They are not along exactly the of Jeannie Clark from Warracknabeal. Jeannie has been same line as The Nationals’ amendments, but many of tireless in conveying information to and from our suggestions have been incorporated. The significant home-educators and to The Nationals. To those two difference is that we wanted to give home-educators a ladies in particular and to all who contacted me on the legislative guarantee. At the moment they have no issue I say, ‘Thank you for your help and support’. guarantee, there is only the suggestion that these provisions will be included in regulations. It will be far I want to mention just a couple of other things about the easier for this government or any future government to bill. The Association of Independent Schools of regulate than to change legislation. We want these Victoria (AISV) has expressed strong views on some provisions put into legislation to provide important matters to do with this bill. It put out a press home-educators with that guarantee. We will persist release on 8 February commenting on the bill as it was with our endeavours. introduced into the Parliament. In part it says:

I have a set of amendments that I propose to take to the Parents regard the selection of a suitable educational Legislation Committee. If that is unsuccessful I will environment for their child both as a right and an obligation. bring them back to the committee of the whole of this I agree with that. The press release quotes the chief house to address this legislation and put in place what I executive of the association, Ms Michelle Green: think is a very sensible approach to this — that is, a minimalist registration process with no regulation. I Ms Green said today that the legislation stipulated that would be pleased, Deputy President, if those openness and tolerance should underpin teaching. This was amendments were made available to all members of the worthy as long as it did not interfere with freedom of religion. Openness and tolerance needed to be more adequately chamber so that they can give consideration to them defined. before they are subject to further discussion in the Legislation Committee. We will see what unfolds ‘Tolerance implies passivity, and we would prefer the use of through that process. the term “understanding” instead’, Ms Green said. I agree with her point. I think rather than just tolerating The Nationals amendments circulated by something, being able to understand it is a better Hon. P. R. HALL (Gippsland) pursuant to sessional description. orders. Finally, one of the other things said in the press release Hon. P. R. HALL — Before leaving the subject of is: home-education I acknowledge the support of two people in particular — but there have been many In its submission to the government, AISV suggested that the others — on this subject. Like the Honourable Andrew Human Rights and Equal Opportunity Commission be asked Brideson, I have received many letters. I will not quote to provide advice on protective exemptions for religious from any of them because they are so numerous and schools. detailed, but many of them make good points that I have taken on board. I have had many contacts in QUESTIONS WITHOUT NOTICE

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Ms Green said non-government schools established for consolidation of 11 acts of Parliament it would have children of a particular denomination or faith had the right to been nice to debate and talk about all the good things in teach and promote that faith. education without having divisions amongst parties. I I agree with that, and I agree with the sentiment that we thought it was a dumb decision for the government to need an independent body to ensure that schools are not be fixated on wanting to register and regulate discriminated against inadvertently on the basis of home-education, and I think it has probably been a religious beliefs because of the principles outlined in detraction from other aspects of the bill that we could the bill. I think the issues raised by the AISV can be well have been debating today. There is no identified better explored during the committee phases of this problem in respect to the issue, and there was no need legislation, and I am sure they will be. I note that, along to require a registration and regulation system — a with AISV, the Catholic Education Office has regulation system in particular. requested membership of the Victorian Registration and Qualifications Authority. I note also that the This bill can fairly be described as a consolidation bill amendments circulated by Mr Brideson accommodate rather than a bill of major innovation and change, but that wish, and The Nationals will certainly be prepared nevertheless it has some of the deficiencies that have to support that amendment. been identified by both Mr Brideson and me. Again the chamber has a unique chance to address those The last issue I will have time to canvass is the area deficiencies through the new process we have described in the second-reading speech as ‘minimum established in the Legislation Committee, and it is an standards’. Page 18 of the second-reading speech states opportunity for the government to also address them. in part: The Nationals will urge the government to take on board the changes we suggest so that, hopefully, at the This authority will ensure all schools are accountable to the end of the day, this legislation might attract all-party same minimum standards … support if the government is prepared to be flexible and It then lists by way of dot points some of the areas in reasonable in its views and accommodate the changes which minimum standards will apply. They include we believe are necessary. student learning outcomes, enrolment policies and Sitting suspended 12.59 p.m. until 2.03 p.m. minimum enrolment numbers, student welfare, curriculum programs, governance and probity, and Business interrupted pursuant to sessional orders. review and evaluation processes. I have no problems with having established minimum standards, but I think the government should also be required to adhere to QUESTIONS WITHOUT NOTICE minimum standards. In particular I want to talk about minimum standards of physical infrastructure in our Aboriginals: Kings Domain schools. When you go around schools, particularly in some of our country regions, you find they are not of an Hon. G. K. RICH-PHILLIPS (Eumemmerring) — adequate standard to accommodate the learning needs My question is to the Minister for Commonwealth of our students, and a lot more needs to be put in to Games. I refer to the Aboriginal activist camp site in improve the physical infrastructure of our government Kings Domain which was set up during the schools in this state. If, as it said at the start, the Commonwealth Games. As the Kings Domain was a government is providing the best opportunities for our designated games site, over which the minister had kids to achieve in an education system in this state, then control, what agreement did the minister come to with the physical standards of the buildings and equipment this group to set up this camp and its removal after the available to them are equally important. The Commonwealth Games had finished? government should set minimum standards and live by them in terms of providing public education in this Hon. J. M. MADDEN (Minister for state. That is a further deficiency. Commonwealth Games) — I welcome the member’s question, which is an interesting one in relation to the In conclusion, the passage of this bill has been impeded fact that we are a democracy. by the government wanting to regulate and register home-educators. That is a bit of a shame, because Hon. Bill Forwood interjected. education is usually supported on a bipartisan basis in Hon. J. M. MADDEN — I can tell that this chamber, and we really do not have a lot of blues Mr Forwood does not necessarily believe that, and about the principles of education. I would have thought sometimes his performance would reflect that. One of that with this major education bill that sees a the great things about showcasing this state to the rest QUESTIONS WITHOUT NOTICE

1350 COUNCIL Thursday, 6 April 2006 of the world throughout the course of the when everyone has enjoyed them immensely and when Commonwealth Games was that it was also an the games have been celebrated and recognised in this opportunity for people to advocate their respective chamber, that on the opposition benches there are still views, and there were obviously groups in the one or two naysayers in relation to the games? community that felt they wanted to reflect those views to the rest of the world. This issue is a matter to be determined by the police. The police, who had the responsibility of security We had a very good working relationship with our across the games and responsibility for any breaches of indigenous community, and the Koori community the law, still have the responsibility in relation to this worked very closely with the indigenous task force matter. There is no doubt that the police did a fantastic chaired by Kevin Coombes, and I take this opportunity job across the games. I would like to complement to thank him for the sterling work he did with that Christine Nixon, the Chief Commissioner of Police, group. I also congratulate my colleague the Minister for who did a spectacular job not only of making sure that Aboriginal Affairs, who worked very closely with the security forces knew what they had to do but also in many members of the indigenous community to make presenting a face of the Victoria Police we have not sure that the culture of the Victorian indigenous seen before. They were all smiling throughout the community was reflected to the rest of the world. We course of the games, and no doubt they worked saw that in not only the opening ceremony, but also in tirelessly. the Koori business showcasing that took place in and around Federation Square and a number of other Wind energy: Bald Hills elements of the cultural festivities. It was certainly a benchmark when it comes to celebrating indigenous Mr SMITH (Chelsea) — My question is to the cultures in this state. Minister for Energy Industries, the Honourable Theo Theophanous. Can the minister inform the house of the As well as that there was a group that decided to locate reaction to the decision of the federal government to themselves, I understand, in the Kings Domain. No block the Bald Hills wind farm and the effect this specific agreement was entered into with the members decision will have on renewable energy in Victoria? of that group other than that when they came and spoke to me and the Minister for Aboriginal Affairs they were Hon. T. C. THEOPHANOUS (Minister for Energy able to express their views, air those to us, and they Industries) — I thank the honourable member for his were eagerly seeking a place to locate themselves. We question and for his support for wind farms in this state. made some suggestions but they were not taken up, and The reaction to the Howard government’s decision to they decided to locate themselves of their own volition block the Bald Hills wind farm has been one of outrage in the Kings Domain. It was then up to the police to and dismay from both the environmentalists and the determine whether that was suitable or unsuitable, and industry participants. I said yesterday that this bizarre at what time and in what manner and in any way should decision was politically motivated and has been made any of those issues be changed. That still remains the by a clearly incompetent federal minister. But it is not case at this point in time. If there are individuals still just me who is making these comments. Let us look at there it is up to the police to determine whether or not what the industry and environment groups are saying. that is suitable and whether it should continue. Susan Jeanes, chief executive officer of Renewable Energy Generation of Australia, made the comment Supplementary question that we will never have a renewable energy industry if we do not have some investment certainty, and the Hon. G. K. RICH-PHILLIPS (Eumemmerring) — politicisation of the planning process is not conducive The minister talks about democracy and forgets the fact to that. that a tenet of democracy is upholding the rule of law. The games are over and the camp site is still in Kings Marcus Godinho, executive director of Environment Domain. Does the minister have the guts to ensure that Victoria, said the decision to block the wind farm the camp is removed now that the games are over, or proposal was short-sighted and that it is illogical to will he leave the Melbourne City Council holding the block a wind farm based on a report that found only one can? parrot a year may be struck by the blades. He also made the point that scientists have forecast that thousands of Hon. J. M. MADDEN (Minister for bird species will be wiped out in coming decades Commonwealth Games) — I welcome the member’s because of climate change and that wind farms are one question again. It is a bit of a shame, is it not, when way we can reduce the degree of climate change. everyone has had such a wonderful time at the games, QUESTIONS WITHOUT NOTICE

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The environment groups and the industry are outraged WorkCover: claims management by this decision. It is an illogical decision. It is a politically motivated decision. It does not have anything Hon. B. N. ATKINSON (Koonung) — I direct my to do with the protection of parrots. The report itself question without notice to the Minister for WorkCover makes it absolutely clear how little danger there is to and the TAC. He might say it has taken 104 or this particular bird. 105 days, but sadly the Parliament has not sat on every one of those days. While employers fund WorkCover Hon. Philip Davis — You don’t care about the and face the prospect of higher premiums based on their parrots. claims profile, they are denied information in respect of the management of claims — information that would Hon. T. C. THEOPHANOUS — I do not care enable them to correct or at least identify untrue or about comments from a galah like the Leader of the exaggerated allegations in those claims. I therefore ask: Opposition. will the minister address this problem and allow employers to obtain all relevant information related to The fact of the matter is this report did not show that the management of claims and decisions made by there was any danger to the orange-bellied parrot. agents and insurers? However, something much more sinister is taking place as a result of this decision. Let me remind members that Mr LENDERS (Minister for WorkCover and the before the last federal election the federal Minister for TAC) — I am delighted that after three reshuffles and the Environment and Heritage, Senator Ian Campbell, 105 days in the portfolio Mr Atkinson has decided not wrote to constituents in McMillan on behalf of Russell to be outshone by Mr Forwood and Mr Stoney and is Broadbent saying that should Christian Zahra be actually showing an interest in WorkCover. I am elected, they would be sending a signal that they were absolutely delighted. I wish he had shown some of this happy to play host to increasing numbers of wind interest in WorkCover during his time on the turbines in that region. That is what he said to the backbench, or on the front bench before he got caught constituents in McMillan to try to get them to vote moonlighting and was thrown off it during the time of against Christian Zahra at that election. the Kennett government, when he could have asked the ministers in that government questions about practices This clearly shows that Ian Campbell had made up his in some of these WorkCover issues. However, I am mind to block this wind farm well before he received delighted he has a newfound interest in this. any report on the orange-bellied parrot. Can you imagine the grubby deal that would have been agreed I am also delighted to remind Mr Atkinson that this between Russell Broadbent and Ian Campbell before government has a number of key focuses in the the election? Russell Broadbent would have said, WorkCover portfolio. First and foremost we want a ‘Knock this farm off and I will support you for the system that deals with injured workers and does so ministry’. That is the grubby deal that was done fairly and in a way which brings them back into the between them. The fix was on before the election, and work force. That is our first objective. Secondly, we now Ian Campbell — — want to have a system which is open, transparent and fair and reduces injury generally in the work force. The PRESIDENT — Order! The minister’s time Thirdly, we want to do it in a way which will reduce has expired. premiums for employers. They are the objectives we Honourable members interjecting. have, and we have met all those tests.

The PRESIDENT — Order! The noise is far too Hon. B. N. Atkinson — You are failing on all of loud. I ask members on both sides of the house to stop them. interjecting so that Hansard can record the comments Mr LENDERS — For Mr Atkinson’s benefit, given made in the chamber, the answers to questions and the that he is new to the portfolio, we put through the questions asked. ombudsman legislation last year that allows a review of Hon. Bill Forwood interjected. decisions on an administrative basis and will allow employers to do some of those good things and get The PRESIDENT — Order! Mr Forwood knows some information. For the first time in WorkCover we very well that members do not speak while I am on my have set up a review unit to review the inspectorate, so feet. If he does it again, he is out of the chamber. that if there has been a harsh, unreasonable or inconsistent decision, a business can have an internal review of that decision within the Victorian WorkCover QUESTIONS WITHOUT NOTICE

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Authority before needing to go to the expense of using would be well received by the industry associations I the legal system. This is all about us being focused on have consulted widely on this issue of WorkCover. The our key goals of service delivery for injured workers, of minister would be aware that exaggerated and having fewer injuries in the workplace generally and of sometimes fraudulent claims are protected by processes bringing premiums down. These are the sorts of things that deny Victorian employers information on those we are seeking to do. claims despite the significant financial consequences for their businesses potentially arising from decisions Hon. B. N. Atkinson — What about keeping made by agents and insurers, based totally on employers in the loop? inaccurate or untrue information in many instances. In other states employers have access to relevant Mr LENDERS — Mr Atkinson reminds me of the information on claims. I ask: is the minister prepared to characters in the Harry Potter movies called the seek exemptions to privacy laws to allow Victorian Dementors. For those who have not heard of a employers access to claims information in the interests Dementor, it is a creature which sucks joy out of a of protecting the integrity of the WorkCover system? system. It is a doomsayer who tries to find anything possibly bad and comment on it and destroy it. Mr LENDERS (Minister for WorkCover and the Mr Atkinson tries to nitpick at the WorkCover system. TAC) — I am delighted Mr Atkinson has been talking He belittles it and goes on about the bad things he says to stakeholders — perhaps he has shown a slight it is doing to small business. Perhaps he should read a interest in his portfolio in the last 105 days. However, I Harry Potter book and work out what you do to stop the return to my Dementor analogy. Mr Atkinson comes to Dementors — send them back to Azkaban — and keep this with tunnel vision. His focus for his entire time in them out of the Victorian community. public life has been to advocate only for whatever issue has come out of small business. This government has What we have done in WorkCover and what we will done more for small business and the WorkCover continue to do in WorkCover is work in a collaborative scheme than Mr Atkinson’s team has ever done relationship with employers, employees and unions rhetorically or in real life. We have brought premiums representing employees and other stakeholders to down. We have cut premiums for small business and constantly improve the system. We welcome a we have internal review and ombudsman systems. dialogue. The Occupational Health and Safety Advisory Council has stakeholders on it. We have a Despite the crocodile tears the member cries and his number of liaison groups and we will continue to work warped advocacy, we have seen delivery for small to make our system more transparent. We are removing business, injured workers and the system as a whole. I cross-subsidies from the system and having premiums will continue to work with stakeholders to improve this based on the claims records of employers. We are system. I will continue the good work of my bringing in a vast number of improvements to the predecessors Bob Cameron and Rob Hulls, the system we inherited with a lake of red ink from the members for Bendigo West and Niddrie in another Kennett government. The Kennett government could place. I will continue to deal with the sea of red ink we not save itself from the lake of red ink. We have inherited from Mr Atkinson’s mob and work to make brought the system out of the lake of red ink and into this a better system. I urge Mr Atkinson to understand the black, and we are dealing with those issues. the system. I suggest to Mr Atkinson that he should not parrot the Olympic Park: rectangular sports stadium lines of the colleagues he is sitting between, Mr One-Parrot Davis and Mr Green Davis — and there Mr VINEY (Chelsea) — My question is to the is quite a bit of competition between the Davises as to Minister for Major Projects. All members have heard who is the greenest, although they both ooze insincerity the Minister for Commonwealth Games informing the when they talk about these green issues. I would say to house of the success of the Bracks government in Mr Atkinson that I welcome this discussion. It is a building on the great Labor government tradition of system that is on the improve, and we will continue to investing in the marvellous Melbourne Cricket Ground. have dialogue with stakeholders to make the system The MCG houses our great sporting codes of cricket even better. and Australian rules football, and is, of course, the home ground for the magnificent Collingwood Football Supplementary question Club. I ask: will the minister outline to the house how the government is investing in new world-class Hon. B. N. ATKINSON (Koonung) — Actually it infrastructure for other sporting codes in Victoria? was not a particularly good answer, and not one that QUESTIONS WITHOUT NOTICE

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Mr LENDERS (Minister for Major Projects) — rectangular stadium, the arts project that Mrs Coote is Tragically, in the 4 minutes allocated to me I cannot talking about, whether it be investment in the state adequately rebut Mr Viney’s comment about the library or in a recital hall or various others, because it Collingwood Football Club so I will save that for a suits Senator Campbell’s political agenda, and his private discussion outside the chamber! acolytes here, to play politics with this. They will explore it and take 450 days, which is even longer than On his substantive point about the great facility of the it took the Leader of the Opposition in the other place, Melbourne Cricket Ground and further announcements Robert Doyle, to find a solution to Scoresby. Mr Doyle today, I was delighted with my colleague the Minister took less than the 450 days it took Ian Campbell and for Sport and Recreation, Mr Madden; the chair of the those opposite to threaten the dreams of Mr Viney and Melbourne and Olympic Parks Trust, Mr Alan Oxley; all Victorians for a measured development that has a the design director of Cox Architects, Mr Patrick Ness, sensitive environmental balance with the infrastructure and others to be at the launch of our final design needs of the state. announcement on the rectangular stadium in the MCG precinct. This is a large investment in Victoria’s key We on this side of the house put up with rubbish from infrastructure, and as Minister for Major Projects I was Mr Green Davis, rubbish from Mr Bishop, lectures day delighted to be there and to be able to participate in the after day about the environment effects statement ongoing building of infrastructure in this state so that process at Nowingi when we are going through a we can deliver all the social, economic and serious environmental exercise. Senator Campbell and environmental goals that are critical to this government. his acolytes here, with oozing insincerity, simply come We are now seeing a stadium that will allow rugby and forward and find excuses. It has taken 450 days to find soccer to be played at a higher level, and many other up to one parrot! Mr Doyle is efficient compared with ancillary facilities which I will not talk about now. Senator Campbell. I never thought I would say that. He may have been slower than the gestation period of a One of the things about a government that is delivering female elephant, but he was more efficient than Senator $2.5 billion a year in infrastructure investment — Campbell. We welcome the rectangular stadium compared with the $1 billion a year delivered under the project, we want more growth in Victoria — — previous government by those opposite who call themselves builders — and has spent $10 billion a year The PRESIDENT — Order! The minister’s time in the last four years in an ongoing pipeline of projects, has expired. is that we are seeing the need to invest in this state’s infrastructure if we are to go forward. Government: financial reporting

Mr Viney is enthusiastic about this project and I Hon. W. R. BAXTER (North Eastern) — My welcome his question, but sadly I need to tell Mr Viney question is also addressed to the Leader of the that one of the impediments in this state to ongoing Government, in his capacity as Minister for Finance. I infrastructure programming is the economic vandalism refer to the minister’s enthusiastic support last year for of the federal environment minister on his political the introduction of new accounting standards and I ask: errand, and the economic vandalism of those opposite is it a fact that the Victorian Treasury is at odds with the who sing the praises of the ‘up to one parrot’ while they Australian Accounting Standards Board as to how ooze insincerity. We have heard members opposite government financial statistics and generally accepted talking about protecting a single parrot when we know accounting principles are to be harmonised? they would rather have the parrot for lunch than protect it. They are simply doing this — — Mr LENDERS (Minister for Finance) — I thank Mr Baxter for his question and his ongoing interest in Hon. Andrea Coote — What about the arts? the matters of the transition of two international financial reporting standards. While this is probably an Mr LENDERS — Mrs Coote asked what we were area which causes many eyes in the chamber to glaze doing with the arts. She would just like to eat the parrot over, I know that Ms Romanes, Mr Somyurek, in an artistic fashion. They have no sincerity and no Mr Baxter, Mr Rich-Phillips and Mr Forwood, as track record on this. We are now endangering — — members of the Public Accounts and Estimates Committee (PAEC), probably have a far greater Hon. B. N. Atkinson — What has it got to do with appreciation of this than 99 per cent of the community. the question? However, there are a number of very serious issues Mr LENDERS — Taking up Mr Atkinson’s which arise from this transition from the old Australian interjection, we are now endangering projects like the QUESTIONS WITHOUT NOTICE

1354 COUNCIL Thursday, 6 April 2006 accounting standards to the international financial right level might be. Do you have a simple amount that reporting standards as they apply in Australia. The most is easy to understand? Do you have vast amounts so significant one is obviously that we need to have that you can actually report line by line over a sequence transparency and lines so we can assess measures we of years? This has been a moveable feast, with meeting have in our current budget. That is something we as a after meeting moving around and without a lot of government take particular pride in, and to give credit, conclusion to it, and it is probably some weeks since I it is something that the previous government was also had my last serious briefing on this. However, the last I seeking to have reported to Parliament. Parliaments and heard was that we were moving incrementally forward public accounts committees will often have different at a very slow pace, probably slightly faster than plate views from the executive government as to how far we tectonics, towards getting an agreed resolution across go, but I think it is fair to say in a bipartisan or the jurisdictions. tripartisan fashion across Victoria we have tried to move down a path to harmonise those standards. I am pleased to report that we are moving along with a sense of progress. There will be further discussions that One of the dilemmas we have, of course, is that we need to have with other jurisdictions and that the Victoria and the Australian Capital Territory are executive government will need to have with the Public beacons in this, whereas all other jurisdictions hide Accounts and Estimates Committee and with the behind the government financial statistics approach as Auditor-General before we can finalise this, but I would to how they do this, whether it be Labor governments in certainly hope that by the end of the next Parliament we New South Wales or coalition governments in would have a harmonisation of all these standards that Canberra. It does not matter who they are; if they do not we can live by. Hopefully it will be a lot sooner than have the same rigour as we have in Victoria it is often a that. lot easier for them to be less transparent with the public. I look forward to Mr Baxter’s supplementary question, We are seeking an agenda, which I am sure the Public and I certainly urge him, Mr Forwood and his other Accounts and Estimates Committee and the executive colleagues to put pressure on the commonwealth, government share, to harmonise the international whose members have actually been trying to be financial reporting standards with the government cooperative on this. They have not had the same focus financial statistics on which the commonwealth and we have had, for reasons I mentioned before, but they most other jurisdictions base themselves. That are trying to work with us. I would urge a tripartisan harmonisation process has been difficult for a number approach in our trying to get through this to have a of reasons. We were at the forefront, as this house common standard that all jurisdictions use. would have heard last year, in getting the standards in place at the start of the financial year rather than at its Supplementary question end, which is when most jurisdictions and corporations were required to do it. That meant we had a focus on it Hon. W. R. BAXTER (North Eastern) — I am sure whereas others did not. The Australian Accounting the house was very interested in that overview of what Standards Board plus the Financial Reporting Council, is a very complex subject, and I appreciate the the supervisory body in the federal jurisdiction, were minister’s advice. However, I would like an assurance again quite slow on this — and I should acknowledge for the house that the current spat with the Australian the interest of Mr Hilton, a chartered accountant, in Accounting Standards Board is not designed to achieve these matters and not limit my acknowledgment to just an outcome which will enable this government — or PAEC members. future governments, if they think the need arises — to more easily obscure the true financial position of the Our position now is that this harmonisation has been a state. slower process than we would have liked. There is ongoing dialogue where again we have secretaries of Mr LENDERS (Minister for Finance) — I could treasuries — the body is called HOTORAC, and I will make a gratuitous comment about how Mr Baxter sat work out one day what it actually means — who are around the cabinet table with a group of people who meeting constantly, and our state secretary, Ian Little, liked doing that — who liked gutting the the federal secretary, Dr Ken Henry, and a number of Auditor-General and doing various other such things — others are working on that. There has been an ongoing but that would be uncharitable of me. Mr Baxter’s is a discussion about how we can actually reconcile the two. serious question and comment, because in the end the whole purpose of accounting standards, public accounts There has been a debate over whether you have so and estimates committees, auditors-general and the like much information that it confuses and about what the is transparency. One of the good things about the QUESTIONS WITHOUT NOTICE

Thursday, 6 April 2006 COUNCIL 1355 regime, no matter how much grief ministers sometimes about it is that it will be built right in the heart of feel in being interrogated before the PAEC, is that it Melbourne’s leading sports precinct. makes for a process of accountability and keeps everyone on their toes — as does question time. It will feature a number of elements I want to draw to members’ attention, because they might be particularly This government is committed to harmonisation: we interested in them. It has an environmentally friendly want GFS — government financial statistics — and the design. I know the Liberals are suddenly born-again old accounting standards to be merged into one. environmentalists, so they would appreciate that! The However, I completely acknowledge Mr Baxter’s point: features include a state-of-the-art bio-frame roof. I there is a risk there that you will actually diminish know Mr Drum knows what a bio-frame roof is, so he accountability standards. Where we come from is that will be particularly interested in that. we want harmonisation so that we can be matched against all other jurisdictions, not just the Australian Hon. Bill Forwood interjected. Capital Territory. This will be an ongoing dialogue, and I am sure Mr Baxter in his role as a PAEC member and Hon. J. M. MADDEN — It will seat 20 000 people, a member of this chamber will keep a vigilant eye on with the capacity, Mr Forwood, to expand that to this and will hold us accountable if we deviate from that 25 000 people at a later date. We might joke about it, path. but one of the critical elements of any stadium redevelopment — we are more conscious of it now than Olympic Park: rectangular sports stadium ever — is that it should deliver an exceptionally high-quality playing surface. We will make sure that is Hon. H. E. BUCKINGHAM (Koonung) — My the case with this innovative design. question is directed to the Minister for Sport and Recreation. Can the minister inform the house about the The stadium will be built on Edwin Flack Field, which rectangular pitch stadium development, how it will over the years, interestingly enough, has housed a strengthen Victoria’s reputation as one of the world’s number of facilities. It has hosted a velodrome, a great sporting and major event destinations and how it greyhound racing track, a secondary athletics track, will also build on the legacy left by the terrific army barracks and even a car park — it has been used Commonwealth Games? for an array of things over many years. When the building is finished this stadium will be a new Hon. J. M. MADDEN (Minister for Sport and world-class facility for Melbourne Storm and Recreation) — I welcome Mrs Buckingham’s question, Melbourne Victory and an administrative base for the because I know she has a particular interest in Melbourne Football Club, with the potential to host rectangular pitch sports. I had the pleasure today of events such as rugby, including international rugby being with my ministerial colleague Mr Lenders, the matches, in one form or another. Minister for Finance, and the Premier to announce the launch of the design of the new rectangular pitch The cost of the development is expected to be in the stadium. This project gives us an enormous opportunity order of $190 million, but of course the market will tell on the back of the Commonwealth Games, during us what it is actually worth. The funding model is one which we had our magnificent facilities showcased for under which the government will contribute and the the rest of the world. Whether it was the Melbourne stakeholders, the Melbourne and Olympic Parks Trust Cricket Ground or the Melbourne and Olympic Parks and any commercial arrangements will help to deliver sports precinct, images of those facilities were televised the rest of the package. Like the Melbourne Cricket around the world. But we cannot rest on our laurels. We Ground, the Rod Laver Arena and the Vodafone Arena have to make sure that we maintain our status as a these will be absolutely spectacular facilities that will leading-edge city with a world-class performance and reflect on a city that holds sport close to its heart. It will spectacular facilities for the holding of magnificent build on the legacy of the 1956 Olympics, which set up events. the precinct, and the 2006 Commonwealth Games, which upgraded the facilities and showcased them to As part of that we launched the design of the new the rest of the world. It will be a new era for soccer, rectangular pitch stadium. There is a brochure that goes Rugby League and Rugby Union in Victoria. Most with the design, and any members of Parliament who importantly it will cement Melbourne’s reputation as are particularly interested in any of those sporting codes the sporting capital of Australia and one of the world’s will find that the brochure is quite spectacular — as will great major events destinations. be the stadium. The design is innovative, it is forward looking and it is leading edge. One of the great things QUESTIONS WITHOUT NOTICE

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Gas: Creswick supply The PRESIDENT — Order! Standing order 9.18 refers to imputations and personal reflections. All Ms HADDEN (Ballarat) — My question is to the imputations of improper motives and personal Minister for Energy Industries. I refer to the reflections on members will be considered to be highly government’s $70 million natural gas extension disorderly. The minister did make some comments. program and the promise by Premier Bracks of There was a lot of noise, but I believe the minister 10 November 2002 that Creswick would be the first crossed over the line with respect to imputations. I ask town to be connected to natural gas unconditionally by the minister to withdraw and then continue with his the winter of 2003 if the Bracks government were response to the question. re-elected. I ask the minister when the government is going to honour the promise made by Premier Bracks Hon. T. C. THEOPHANOUS — Thank you, to the people of Creswick and remove the subsequently President, can I — — introduced natural gas surcharge of $3 a gigajoule, which is consumer price indexed for 20 years? Honourable members — Withdraw!

Hon. T. C. THEOPHANOUS (Minister for Energy Hon. T. C. THEOPHANOUS — The President has Industries) — I find it interesting that the honourable asked me to continue with my — — member has not come in today and asked me about gas Honourable members — Withdraw! in Creswick. She must have checked a previous answer I gave her in the house in response to her request to me Hon. T. C. THEOPHANOUS — President, I which named a number of streets that were not going to am — — be connected to natural gas. In fact all of those streets were being connected. She had got it wrong. She was The PRESIDENT — Order! Minister! exposed in this because, as far as I can gather, the only place in Creswick she is worried about not being Hon. T. C. THEOPHANOUS — President, I am connected is her own house. She has got no credibility. happy to withdraw.

Ms Hadden interjected. The PRESIDENT — Order! Thank you. I ask the minister to now move on with his response to the Hon. T. C. THEOPHANOUS — I have got news question. for you — I live in my electorate too! So what! Hon. T. C. THEOPHANOUS — I am happy to Ms Hadden interjected. withdraw if the member is upset about any comment that I have made. I continue to make the point that the The PRESIDENT — Order! Ms Hadden has asked member is concerned about the fact that gas is not her question! being delivered to certain areas in Creswick, which includes her own home. Hon. T. C. THEOPHANOUS — I do not go around trying to use my position as a member of In relation to the surcharge which the member refers to Parliament for my own personal benefit. That is the in her question, the rates for this particular surcharge difference. This government — — were set by the Kennett government when the system was privatised. She has come in here and talked about Ms Hadden — On a point of order, President, I ask surcharges in relation to gas delivery into the Creswick that the minister withdraw the comment he made about area, but those surcharges were set by the Kennett my profiting from my position as an MP in relation to government. What I can tell you, President, is that the natural gas in Creswick. There were a number of people of Creswick and the rest of regional Victoria are comments flying across the chamber, but I object to going to save millions and millions of dollars as a result that one from the minister. It was objectionable and of the gas extension program. In fact we estimate that offensive. when it is fully in place the people of regional Victoria Hon. T. C. THEOPHANOUS — On the point of will gain something in the order of $60 million in order, President, my recollection of my comment is that savings on the cost of heating and hot water in their I said I do not use my electorate for my own personal homes every year. That is what we have delivered to gain. I do not believe that is objectionable. If the regional Victoria. member feels that somehow relates to her, that is her issue. It was certainly a comment I made in relation to myself. QUESTIONS WITHOUT NOTICE

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Supplementary question Hon. M. R. THOMSON — Unlike members opposite, we actually take consumer affairs issues Ms HADDEN (Ballarat) — The minister’s answer seriously. We care about the outcomes for consumers is entirely predictable — and incorrect! When will the and we take their issues seriously. As a matter of fact minister act to remove the $3 a gigajoule surcharge over 500 000 consumer inquiries were made in the last imposed by the Bracks Labor government after its financial year to Consumer Affairs Victoria (CAV). It re-election in 2002 and extend the natural gas network, is important to note that the vast majority of traders are as promised by Premier Bracks, to all of Creswick’s attempting to do the right thing by consumers and to households and commercial premises, including the look after the interests of consumers as a means of University of Melbourne Creswick campus, the Timber looking after their businesses. Victorian consumers in Training Centre, the Forest Resort and the Creswick the main can feel quite confident that they are getting Woollen Mills? what they pay for and that it is exactly what they were expecting to get, but unfortunately there are some bad Hon. T. C. THEOPHANOUS (Minister for Energy apples out there in the Victorian marketplace who are Industries) — The member does not want to compare doing the wrong thing. Not all traders are heeding the the cost of natural gas which will be delivered into warnings that CAV give, but we make it very clear that Creswick, which will be at approximately half the cost if they break the law we will take action. of liquefied petroleum gas which people have to use currently. They will pay half as much as they did I talk often here about dodgy traders, but the federal before. The member should understand that it is going Liberal Party over the last week would be considered a to be cheaper — — dodgy trader with its ‘up to one parrot’ deal that is currently on display for all to see as an absolute sham. Ms Hadden interjected. It is no wonder that it gets exposed in the national Hon. T. C. THEOPHANOUS — Ms Hadden, it is Parliament, the state Parliament and also in the national going to be a lot cheaper! media.

The PRESIDENT — Order! Minister! Ms Hadden Hon. D. McL. Davis — On a point of order, has asked her question, and she should sit in silence and President, on relevance, parrots have nothing to do with hear the response. The minister should direct his answer the minister’s portfolio responsibility in any sense. through the Chair. The PRESIDENT — Order! There is no point of Hon. T. C. THEOPHANOUS — It will be a lot order. cheaper, and I am sorry that I cannot get the natural gas Hon. M. R. THOMSON — We were talking about 2 kilometres outside of Creswick to Ms Hadden’s dodgy deals. Consumer Affairs Victoria and I, certainly house. I apologise to Ms Hadden about that too, but we when I name companies in this house, do not name will deliver it to the majority of people in Creswick, as companies lightly. We do it because there has been real we promised. concern about the way in which some of these Consumer affairs: warnings companies have undertaken their relationships with consumers. It is disappointing to see that Kresta Blinds Mr SCHEFFER (Monash) — My question is was named in the annual report for incorrect and faulty directed to the Minister for Consumer Affairs. The products and shoddy installations; Wal Jones Real Bracks government has worked to ensure that Estate for complaints from landlords and body consumers are educated about their rights and that corporate renters about unexplained deductions and businesses understand and comply with our consumer charges as well as unresponsive services; and Interstate protection laws. Can the minister provide details to the Taxi Trucks because of frequent complaints relating to house of any recent warnings that have been provided delivery of damaged property, loss of property, delays to Victorian consumers by Consumer Affairs Victoria? in delivery and collection of goods and underpriced quoting. FurnitureGalore has been named yet again. Hon. M. R. THOMSON (Minister for Consumer This time it is relating to the lack of quality checks on Affairs) — I thank the member for his question, and I the furniture supplied, ineffective repairs and salesmen do not know how I can follow on from the previous giving optimistic delivery dates to secure business. question and response but — — FurnitureGalore is a real problem trader, and I have in fact warned it in this place before. An honourable member — Just answer the question! QUESTIONS WITHOUT NOTICE

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The reason we use Parliament in which to actually Let me give the house some examples of its work. The name these traders is, firstly, as a warning to those institute has run a public campaign against tobacco traders that we will in fact take action, and secondly, as regulation in Canada — against tobacco regulation! Let a warning to consumers. It does not mean other actions me give you another example. It advocated the are not being pursued, but it is important that dismantling — — consumers are aware of dodgy traders as soon as possible. We will continue to act on behalf of Honourable members interjecting. consumers right around Victoria, and we again send out a warning to those doing business to do it right and Hon. T. C. THEOPHANOUS — Listen, because I fairly and they will have nothing but good dealings with am sure you have checked this out. It advocated the Consumer Affairs Victoria. dismantling of the Canadian Medicare system, and it has published a report on greenhouse issues entitled Minerals and petroleum: exploration ‘Greenhouse gases — not warranted; not beneficial’. This is probably where the opposition gets its Hon. A. P. OLEXANDER (Silvan) — My question greenhouse policy on parrots and wind farms. is to the Minister for Resources. I refer the minister to his response to a question from the Honourable Philip The institute also advocates that economic freedom is Davis yesterday about the Fraser Institute annual report better than democracy around the world. So if you have on mining companies. Given that the findings of the got a choice between economic freedom and report seem to be at odds with the current record level democracy, you pick economic freedom every time, of investment in mineral exploration and development according to this group. I found the doozey of them all, in Victoria, can the minister advise the house whether which is in keeping with Liberal Party policy, and I am he has since had the opportunity to investigate this sure the Liberal Party gets its policies from this group. report and the institute in depth and can he explain this It is where its members log on and find their policies. apparent incongruity? This was put out by the same organisation, the Canadian-based Fraser Institute. This is the best work it Hon. T. C. THEOPHANOUS (Minister for has done. The article is headed ‘Why the world needs Resources) — I can inform the house that following the more sweatshops’. This is the organisation that the question put to me by the Leader of the Opposition Leader of the Opposition comes into this house and yesterday I did have the opportunity to look at the quotes in an attempt to say the opposition has found Fraser Institute report in more detail, and indeed I that regulation of the mining industry in Victoria is not looked in more detail at the institute itself. as good as it is in Nevada. That just shows how completely discredited this opposition is, and in I can advise the house that the institute report is based particular the Leader of the Opposition in this house. on the following. It was sent to 1400 exploration, development and mining consulting companies around Supplementary question the world, but only some 300 responded, with a small number from Australia. I do not know of a single Hon. A. P. OLEXANDER (Silvan) — I thank the company in Victoria that responded. I am informed that minister for his most illuminating answer. I think we the survey represents the views of smaller companies now all understand where Liberal Party policy is drawn that prefer a completely deregulated approach, and if from. Given Mr Davis’s reliance on the Fraser Institute the opposition leader had bothered to look closely at the in his question to the minister yesterday, are there any report he would not have misrepresented the results. other policies espoused by the Fraser Institute that might be of concern if adopted in Victoria? This report had the state of Nevada at the top of the list. This is the place described to me yesterday by one Hon. G. K. Rich-Phillips — On a point of order, mining company as a place that has no speed limits President, in relation to the nature of Mr Olexander’s outside towns, no gun limits whatsoever — and I question, questions are required to relate to matters of daresay no limits on what a mining company can do. ministerial responsibility, and Mr Theophanous is not The institute that the Leader of the Opposition in this responsible for the Fraser Institute. house seems to quote so approvingly is in fact a Hon. T. C. Theophanous — On the point of order, right-wing think tank which makes the as I understand it, the supplementary question asked me Australian-based Institute of Public Affairs look like a about the Fraser Institute and the formulation of its bunch of socialists. policies in the context of my being asked a question about a result found by this institute in relation to mining in this state, which is directly within my QUESTIONS WITHOUT NOTICE

Thursday, 6 April 2006 COUNCIL 1359 portfolio responsibilities. President, I put to you that the Hon. A. P. OLEXANDER (Silvan) — Thank you, credibility of this institute goes to the heart of the President. I will rephrase the question. Given question before the house at the moment. Mr Davis’s reliance on the Fraser Institute in his question to the minister yesterday, are there any other The PRESIDENT — Order! The question that was policies espoused by the Fraser Institute in the areas of asked by the Honourable Andrew Olexander refers to the direct relevance to the minister’s portfolio which might policies of the Fraser Institute that could impact — — be of concern if adopted in Victoria?

Hon. M. R. Thomson — Malcolm wouldn’t want to Hon. Philip Davis — On a point of order, President, own it. it is entirely appropriate for a member to ask a question about the minister’s administration of his portfolio. It is The PRESIDENT — Order! Minister! entirely inappropriate for him to ask a question about Hon. Bill Forwood — Chuck her out! matters raised by other members of Parliament in question time. Questions interrupted. The PRESIDENT — Order! I do not uphold the point of order. SUSPENSION OF MEMBER Hon. T. C. THEOPHANOUS (Minister for Energy The PRESIDENT — Order! Mr Forwood is out, Industries) — The institute has released a number of pursuant to sessional order 31, for speaking while the policy proposals, many of which go to my portfolio President is on her feet. Mr Forwood will remove interests. I mentioned before the one in relation to himself from the chamber on the basis that I have greenhouse gases, Greenhouse Gases — Not warned him on two separate occasions during question Warranted, Not Beneficial, a paper produced by the time. Fraser Institute, which sets the backdrop of what the institute is about. It is about saying, ‘We we do not Hon. Bill Forwood — No, you haven’t. have to do anything about greenhouse gas policy in the world’. The PRESIDENT — Order! Mr Forwood is out for 30 minutes. Does he want to make it longer and have a Hon. Philip Davis — Is that exactly what it says or motion before the house? Mr Forwood will leave the is it your interpretation? chamber. Hon. T. C. THEOPHANOUS — Yes, it is Hon. Bill Forwood withdrew from chamber. exactly — —

QUESTMi neraIONSSupplemls and WIT petroleum:entaryHOUT questionexp NOTlora tionICE Questions resumed. Hon. Philip Davis — Is that your interpretation?

The PRESIDENT — Order! The concern I have is Hon. T. C. THEOPHANOUS — This is the policy that the question that was asked by the from which — — Honourable Andrew Olexander made reference to other policies of the Fraser Institute, and the minister’s Hon. Philip Davis interjected. response covered quite a broad range of issues that the institute has researched and made comments on that go Hon. T. C. THEOPHANOUS — Do you know beyond the minister’s portfolio. The problem with the what you are? You are trying to be a bully, and you are supplementary question asked by the not even good at that. Honourable Andrew Olexander is that it does not The PRESIDENT — Order! I ask the minister to specifically refer to the research by the institute that is stop shouting across the chamber. I ask the Leader of relevant to the minister’s portfolio. the Opposition to stop shouting across the chamber. I That is the matter that the Honourable Gordon ask the minister to conclude his answer in the 5 seconds Rich-Phillips has raised in his point of order. As a remaining, without provoking everybody. I know it is a result, the supplementary question is out of order. big ask, but I am asking the minister to do that in the Unless the honourable member can rephrase it to line 5 seconds he has remaining. up with the guidance I have given him, I will have no Hon. T. C. THEOPHANOUS — This shows the option but to rule it out of order. source of the Liberal Party’s policies. QUESTIONS WITHOUT NOTICE

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Libraries: funding place where you might find one orange-bellied parrot, we should not go ahead and build a library that is much Mr PULLEN (Higinbotham) — My question is needed in that community. I urge them to speak to addressed to the Minister for Local Government. Can Senator Campbell and make sure that he does not, in the minister outline to the house how the Bracks the fraudulent way he has intervened in relation to Bald government is getting on with the job of providing Hills, seek to intervene in relation to these assistance to local government to ensure all Victorians much-needed library proposals. have access to public library services? The Living Libraries program recognises the Ms BROAD (Minister for Local Government) — I contribution public libraries make to the Victorian thank the member for his question and for his ongoing community. The renewal of library buildings and support for our public libraries and mechanics mobile library services will improve the delivery and institutes. The Bracks government is getting on with the accessibility of library services to all Victorians, job of ensuring that all Victorians can access public including those in country and regional areas. The library services. Through the Living Libraries program Bracks government has increased its overall support for we are transforming public libraries into lively public libraries in partnership with councils in community hubs and spaces where people want to recognition of the role that they play in communities as gather, not just to borrow books but for social, cultural great places to learn, to meet and to grow. We are and recreational enjoyment. getting on with the job of ensuring that all Victorians have the best possible access to public library services. Recently I had pleasure of visiting Geelong with my parliamentary colleague Mr Tresize, the member for Hon. A. P. Olexander — On a point of order, Geelong in the other house, to announce grants worth President, during the answer by the Minister for Energy over $2 million for 12 libraries right across the state, Industries to the question I asked earlier in question including $250 000 for the Geelong West library. time, a member of the public gallery made an extremely Those grants are being used to either establish new offensive and derogatory remark which was directed at libraries, extend existing libraries to meet the growing me. I do not wish to repeat the words he used. demand or refurbish libraries to bring them up to However, you can be assured that they were extremely modern standards. In addition, two mobile library offensive and extremely derogatory. I take offence to services will benefit with the refurbishment of the them. The person concerned is Mr Doug Campbell of current mobile library in Goulburn Valley and the the office of Mr Doyle, the Leader of the Opposition in purchase of a new mobile library in the Upper Murray. the other place. I ask that you make a ruling on offensive remarks directed at members from the public Victorians who do not have ready access to public gallery. library services nearby are also benefiting from the assistance provided to mobile library services by the Hon. Philip Davis — On the point of order, Bracks government. The announcement of those grants President, the member has made an extremely serious increases the Bracks government’s allocation to allegation and is not providing the house with any $16.5 million under the Living Libraries program, and I information as to whether any determination can be am pleased to inform the house that a total of made on the allegation. I am certainly not aware of any 70 projects have now been funded and communities evidence to support the claim made by the member. across Victoria are benefiting from public library facilities that have been refurbished, extended or The PRESIDENT — Order! The member had replaced under this program. earlier spoken to me and advised me of the comments that were made. I can assure the house and members of Under the program the government is working in the gallery that I will not tolerate such language in the partnership with local government to provide library chamber by members of the public. The person who infrastructure in rapidly growing communities such as was identified has left the chamber. If it occurred again Craigieburn and Werribee as well as in regional and and they were still in the public gallery, I would have rural areas including Broadford, Glenelg and Drouin. them removed. The member has attested to me and to The Craigieburn, Werribee and Drouin proposals will the house that offensive language was used, and as be fine, but I urge local members on the other side of members would be aware, when members stand on the house to pay close attention to the grant to the their feet and make comments or ask questions — — Glenelg library in Portland, because it is near the coast and it would be very unfortunate indeed if Senator Hon. E. G. Stoney interjected. Campbell decided that because south-west Victoria is a QUESTIONS WITHOUT NOTICE

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The PRESIDENT — Order! I ask Mr Stoney to has been made against somebody, effectively stop mumbling under his breath while I am on my feet. anonymously. Mr Olexander, given his seating position in the house, has his back to where the person he has I accept the comments the member made in his point of named in this house sat, and unless there was order. I advise all members of this house that following corroboration — — an incident that happened in the chamber last night, I will not tolerate inappropriate language being used by An honourable member interjected. members in the chamber or by people in the public gallery. It will not be tolerated. Members who use such The PRESIDENT — Order! The protection of this language will be appropriately chastised, and those who house is for the members of this house, not for the do so in the public gallery will be removed. public, and Mr Atkinson would understand that. I have made my ruling with respect to the point of order that As I said, the person referred to is no longer in the was raised. There is no further action to be taken. That gallery, so no further action will be taken on the point is the end of the matter. The public gallery does not of order raised by the member. have the protection of the house with respect to the privileges of the house. If something were said about Hon. Philip Davis — On a point of order, President, another member, there would be a substantive motion it is certainly my view on this matter that an allegation and the appropriate action would be taken. has been made which seriously defames a member of the public, and the house has not been informed as to Hon. Philip Davis — Further on the point of order, what the allegation specifically refers. I think it is quite President, I am able to advise the house that the person in order for the house to be informed of the substance who was sitting adjacent to the person who it is alleged of the allegation made by the member. to have made the comments can testify in a statutory declaration that no comments were made. Hon. T. C. Theophanous interjected. The PRESIDENT — Order! The matter is The PRESIDENT — Order! Will the minister sit concluded as far as I am concerned. I am not going to down! take any further action in respect of the matter raised by the Honourable Andrew Olexander. As I have advised I am not going to have a debate on the issue. The the house on four occasions during the course of this member has attested to the fact that there was extremely discussion, that is the end of the matter. offensive language used, and I accept that. I am not going to have that language used and recorded in Hon. Philip Davis — In that case, President, I have Hansard. I accept that the member — and the house to give you notice that I intend to move dissent from should accept it — has attested to the fact that your ruling. The ruling you have made in this case is extremely offensive language was used. I have told the entirely inappropriate, given that no information has house that such behaviour will not be tolerated. As far been provided to the house that supports the claim as I am concerned I have ruled on the matter and it is which has been made, other than the information I can resolved. provide, which is that a member of the public sitting in the gallery adjacent to the person who has been accused Hon. T. C. Theophanous — On a point of order, of making the comments is prepared to swear under President, further to your ruling on this issue, and it is a oath that in fact no such statement was made. serious issue, I request that as a result of your ruling you consider reporting the comments to the Leader of The PRESIDENT — Order! Can I make clear, and the Opposition in the other place, Mr Doyle, whose I thought it was already abundantly clear, what I have staff member was involved in this, and asking him to said — that is, that I have made no ruling here. I have take the appropriate action. advised members of the house that I will not tolerate bad language in the house and I will not tolerate The PRESIDENT — Order! I inform the minister inappropriate language being used by people in the that I have just ruled that I have finished with the gallery. There is no action I can take on the matter matter. I am not going to entertain further discussion of because in respect of the issue that was raised there is the decision I have made on this matter. The matter has nobody in the gallery that it refers to. I am saying to the been dealt with. house that the language that is used by members has to Hon. B. N. Atkinson — On a point of order, be appropriate for this chamber. I am advising the President, I appreciate that you place great store by house that members of the public gallery do not have what a member claims, but the fact is that an allegation the protection of this house because — — QUESTIONS WITHOUT NOTICE

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Hon. B. N. Atkinson — But you accepted an Mr Smith — On a point of order, President, allegation from someone who is a proven liar. consistent with what you have just said to the house in regard to offensive language, I take offence at a The PRESIDENT — Order! Mr Atkinson, I am comment made by Mr Atkinson in reference to one of saying there is — — the members of the house, who I do not believe heard the comment made. Mr Atkinson accused Honourable members interjecting. Mr Olexander of being a proven liar. I think that is The PRESIDENT — Order! This is not helping. I offensive and, on the basis that I do not think am trying to explain to the house that a point of order Mr Olexander heard his comment, I want it noted. was raised. There is no action I can take, but I am Hon. A. P. Olexander — On the point of order, concerned about the language that comes from the President, I did hear the comment made by public gallery or from members in this chamber. I am Mr Atkinson in the last interchange when he referred to advising members and those in the public gallery that me as a proven liar. I find it objectively offensive, and I such language will not be tolerated. I did not hear the ask that he withdraw. remarks that were made. The member has indicated that offensive language was used by a member of the public The PRESIDENT — Order! I did not hear all the gallery. comments, but whilst Mr Smith was raising his point of order I heard Mr Atkinson state that the comment was Hon. B. N. Atkinson — Where is the correct. That is offensive under the standing orders, corroboration? sessional orders and the procedures of the house. I ask The PRESIDENT — Order! Will Mr Atkinson the member to withdraw. please stop interrupting whilst I am on my feet! Hon. B. N. Atkinson — I regret to say, President, As such, there is no further action that can be taken. that I am unable to withdraw a statement that I believe This is a general warning to members of the house and is absolutely true to the public that they should not use offensive The PRESIDENT — Order! I can see that we are language. I am not ruling that someone said it; I am leading down a track, but under the practices of the saying that they should not use bad language and that it house I again ask Mr Atkinson, based on the comments will not be tolerated. I will not tolerate it, and members that led to all this, to withdraw. of this house should not tolerate it. It should be a general consensus of this house that bad language Hon. B. N. Atkinson — It gives me no pleasure to should not be used. I am not ruling that that actually say that I am not in a position to withdraw that remark. happened; I am saying that bad language should not be accepted by members of the house. The member has Questions interrupted. said that it happened. I did not hear it. I have not said anything to the contrary or along those lines. If I had heard the words that the member has indicated to me NAMING AND SUSPENSION OF MEMBER privately had been used, I would have thrown that person out. That is what I am saying. The PRESIDENT — Order! Pursuant to standing order 10.04 I name Mr Atkinson for wilfully I have some difficulty with some of the comments that disregarding the authority of the Chair. I call upon the have been made, but in the interests of trying to get this Leader of the Government, the Minister for Finance, house into some order and trying to get members to Mr Lenders. accept some responsibility for their behaviour and be responsible and respectable members of the Mr LENDERS (Minister for Finance) — I move: community, I suggest they actually take heed of the That the Honourable Bruce Atkinson be suspended from the comments I have made during the course of this service of the Council for the remainder of the sitting. point-of-order discussion. House divided on motion: I accept the concerns of the opposition, but as I said, I have made it clear that I have not made a ruling. I have Ayes, 24 raised my concern about the behaviour of the house and Argondizzo, Ms Mikakos, Ms (Teller) the behaviour of the public gallery. I will not tolerate it, Broad, Ms Mitchell, Mr Buckingham, Mrs Nguyen, Mr nor do I think that members should tolerate it. That Carbines, Ms Olexander, Mr concludes the matter. Darveniza, Ms Pullen, Mr QUESTIONS ON NOTICE

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Eren, Mr Romanes, Ms disappointment that I was denied the opportunity to Hilton, Mr Scheffer, Mr participate in the vote and be recorded accordingly. It is Hirsh, Ms Smith, Mr Jennings, Mr Somyurek, Mr my understanding that the doors cannot be locked until Lenders, Mr Theophanous, Mr the bells stop ringing. McQuilten, Mr Thomson, Ms Madden, Mr Viney, Mr (Teller) EDUCATION AND TRAINING REFORM Noes, 13 BILL Atkinson, Mr Koch, Mr Brideson, Mr Lovell, Ms Second reading Coote, Mrs Rich-Phillips, Mr (Teller) Dalla-Riva, Mr Stoney, Mr Davis, Mr D. McL. Strong, Mr Debate resumed. Davis, Mr P. R. Vogels, Mr Forwood, Mr (Teller) Hon. H. E. BUCKINGHAM (Koonung) — Given the bill in front of us enshrines the values of openness Motion agreed to. and tolerance it is a pleasure to speak on it today. I have a lifelong involvement with education, and although I The PRESIDENT — Order! I ask Mr Atkinson to am passionate about politics and in representing my leave the chamber. electorate I am equally passionate about the quality, availability, equity and delivery of education in this Hon. B. N. Atkinson withdrew from chamber. state. It is for those reasons I believe it to be an honour Hon. R. G. Mitchell interjected. to speak on this legislation. This is excellent, far-reaching legislation that shows the SUSPENSION OF MEMBER Bracks government’s commitment to a high standard of education for all now and into the future. I thank the The PRESIDENT — Order! I have just had to Honourable Andrew Brideson for quoting John Stuart suffer 1 hour and 20 minutes of bad behaviour from Mill earlier today in the chamber. I have not thought members of this house. Mr Mitchell’s language is about John Stuart Mill since my first year of philosophy unacceptable, and under sessional order 31 I ask studies at university. He was a proponent of Mr Mitchell to vacate the chamber for 30 minutes. utilitarianism, which is about the greatest good for the greatest number, and that is exactly what this legislation Hon. R. G. Mitchell withdrew from chamber. is about. What we have in front of us today is the greatest good for the greatest number. Questions resumed. As Mr Brideson informed us, John Stuart Mill was The PRESIDENT — Order! The time for questions correct when he said the state has a very real has expired. responsibility to educate all and give choice to people as well about what form this education will take. All good governments must have and act upon a QUESTIONS ON NOTICE commitment to education, as education drives the future of this state and indeed the nation. The bill Answers represents the most significant change to education in Mr LENDERS (Minister for Finance) — I have the last 132 years. answers to the following questions on notice: 5286, This is a progressive piece of legislation and the 5476, 5934, 5938, 5939, 6075, 6190, 6416, 6417, 6651, culmination of extensive consultation with both the 6792, 6817, 6818, 7278, 7376, 7439. broader community and the education and training stakeholders. In February 2005 the Minister for PERSONAL EXPLANATION Education and Training in the other place, Lynne Kosky, launched a discussion paper which began the Hon. DAVID KOCH (Western) — I desire to make consultation process on the review of education and a personal explanation. I wish to bring to your attention, training legislation. Responses to the paper and further President, that at the time of the division on the research saw the development of a white paper which Disability Bill shortly before lunch the doors were outlined the government’s intentions. In December last locked while the bells continued to ring. I express my year an exposure draft of the bill was released EDUCATION AND TRAINING REFORM BILL

1364 COUNCIL Thursday, 6 April 2006 providing for further opportunity for input from the antiterrorism that was passed in this place, but most community and stakeholders. I emphasise that point so legislation is a review of what has happened in the past. the Parliament is aware of how much consultation has Of course we have to change things because the world taken place. situation changes. Change is not a bad thing, and neither is accountability. The bill before us today for the very first time proposes a set of principles that reflect our democratic values. Section 74C of the Community Service Act sets out They will underpin the delivery of education in this how home-schooling is allowed to happen in Victoria, state. and there will be changes. It is a different society now. The published draft regulations are light-touch The consultation process demonstrated wide support for regulations. In the area of home-schooling all parents this, and I believe every member of the house would must certify annually that they are delivering regular want to adhere to these principles. The principles and efficient instruction in the specified learning areas include a commitment to elected government, to the set out in schedule 1. Every other state has registration. rule of law, to equal rights of all people before the law, Victoria will be the last state to come online in doing freedom of religion, freedom of speech and association, this. and the values of openness and tolerance that I have already spoken about earlier. The government recognises that all schools and providers need to be of high quality. The bill establishes These are all principles that define Australian society a new regulatory authority to ensure that minimum and democracy. I believe an education act should standards for all schools and post-school providers are describe the expectations of the community for all met. The new authority is the Victorian Registration education and training providers, including government and Qualifications Authority. It is responsible for and non-government schools as well as training, further schools, training and non-university higher education education and higher education providers. providers as well as home-schooling. The new authority will be responsible for the accreditation of Victorian One of the principles most paramount in education is education and training qualifications and for approving choice — choice for parents, for students and indeed providers to offer courses to overseas students. for providers. This choice has to be weighed against accountability and the delivery of a world-class The bill also abolishes the Registered Schools Board education. This bill recognises the need for choice, a and the Victorian Qualifications Authority, whose choice between government and non-government functions will be covered by the new Victorian schools, and indeed between individual Registration and Qualifications Authority. The bill non-government schools. Parents and students also clarifies the role of the Victorian Curriculum and choose between formal schooling and non-formal Assessment Authority. The new regulatory authority is educational settings as well as between training a first in Australia and among the Organisation for providers. Economic Cooperation and Development (OECD) countries, as it will create a seamless education and The opposition proposes to moved 100 amendments to training system in Victoria — once again a first. the legislation. They are the same as, in fact they are identical to, those proposed by the member for Nepean The Education and Training Reform Bill consolidates in the other place. They were all considered by the 11 education and training acts, as well as the provisions minister and not accepted. However, now they will be of the Community Services Act 1970, into a single act. further considered in the new Legislation Committee of The bill does more, however, than consolidate, update this house. and simplify existing legislation, it ensures that a quality education and training system not only responds The opposition wants no registration or regulation of to contemporary needs and issues, it also identifies and home-schooling. Mr Brideson said, ‘If it ain’t broke, anticipates future needs and challenges. That is what don’t fix it’. I shudder when I hear that statement. I good legislation does. used to hear it a lot in local government. It is anathema to me. What we do here as politicians, as MPs, either in The 1872 Education Act — no Mr Brideson, I have not opposition or in government, is review and amend read it, and I am impressed that you have — which was legislation. Most of the legislation that comes through amazingly progressive for its time, enshrined the here is amending legislation. Very little of it is new provision of compulsory education for children up to legislation. Perhaps there is new legislation when the age of 15 years and supported a free and secular situations change, like the new legislation on government school system — world-leading EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1365 legislation. The bill before us today raises the minimum The bill acknowledges parental choice and ensures all compulsory leaving age to 16 years and reaffirms the students receive a quality education. As the minister principle of free education in the eight key learning said in her second-reading speech: areas in government schools while enabling government school councils to seek voluntary The government has developed a student-centred bill that not only reflects the reality of contemporary education and contributions. training but will support the learning and development of future generations. As a former careers counsellor I am highly cognisant of the fact that the demands of the labour market require This is outstanding legislation. It enshrines principles young people to have higher level skills to find and that I am dedicated to and passionate about — that is, a maintain employment. International research commitment to democracy and the best possible demonstrates that those compelled by minimum school standard of education. I congratulate the minister on her leaving ages to complete an additional year at school personal commitment to not only this legislation but to earn on average 12 per cent more over the remainder of providing the best possible education for all Victorian their working lives. The Bracks government recognises students. I also congratulate and acknowledge the work this and has done much to increase retention rates of her department in the preparation of this bill. I through to year 12, particularly with the successful commend the bill to the house. Victorian certificate of applied learning as an alternative to the more academic Victorian certificate of Hon. DAVID KOCH (Western) — I make my education. Raising the minimum school leaving age contribution to the debate on the Education and from 15 to 16 years and extending a guarantee of free Training Reform Bill. All of us confirm in the house education to those completing their year 12 or that the review of the bill is something we all believe in equivalent at a TAFE or public training proprietor is an very strongly. There has been a collective review of 11 excellent and commendable policy. It is another separate acts which has culminated in the bill we have example of this government’s commitment to the before us today, a bill of some 430 pages. future. We are the first Australian state or territory to I have to say that my initial reaction to the enshrine such a guarantee in legislation — that is, it does not happen anywhere else in this country. second-reading speech and the bill was the government has done its best wherever possible to remove any As a former educator I am particularly proud that this autonomy the system could offer. From my point of legislation will support and encourage those who may view, representing a province with in excess of have been at risk of disengaging with education and 100 schools, it is terribly important that we reflect on training. As I have stated, the 1872 Education Act the five or six points I think could have been attended to enshrined the notion of secularity. This legislation in a better manner, which would have opened up today makes it very clear that the government school opportunities for those requiring suitable and best system is secular and open to people of all faiths, education statewide. religions and philosophies and that the curriculum and teaching in government schools do not promote any Importantly we all accept that all parents want what particular religious practice, denomination or sect. they believe is the best for their children. Education is one of the things that is paramount in the minds of all Religious instruction will remain and will continue to parents. In saying that I would like to move forward be voluntary in government schools — and I most and address some of the areas I believe could have been heartily endorse the comments of Mr Hall on this subject earlier. Government school teachers will be able better reflected on. The first one is in relation to to discuss and teach comparative religion in history, kindergartens. Although I accept and support salary parity for the staff in kindergartens, and we are English and other classes. extremely well supplied and supported by the teachers This is historic legislation, as it guarantees free in our kindergartens, I regret that kindergartens have education and ensures all schools are accountable to the not been moved away from the Office for Children in same minimum standards so that all Victorian children the Department of Human Services and into the can have the best education possible, no matter where Department of Education and Training. they are receiving that education. These school Kindergartens are probably the most important standards must relate to student learning outcomes, enrolment policies and minimum enrolment numbers, cornerstone of our initial education in life. When I look student welfare, curriculum programs, governance and at the issues raised by kindergartens I am greatly concerned that kindergartens in smaller rural probity, and review and evaluation processes. communities continue to struggle, due principally to a EDUCATION AND TRAINING REFORM BILL

1366 COUNCIL Thursday, 6 April 2006 lack of resources. If we were able to have kindergartens contribution this morning, followed by that of Mr Hall resourced under the Department of Education and from The Nationals, outlined the situation in relation to Training and taken away from where they are currently, home-education. and have the burden of maintenance and redevelopment of centres removed from local governments across the Hon. Andrew Brideson — It was too brief. state and given to the education department, I am sure it would add further possibility for those who seek the Hon. DAVID KOCH — As Mr Brideson said, and best possible opportunities in kindergartens. I totally support him, it was too brief. The Regrettably we have many smaller kindergartens across circumstances did not allow for further expansion in the state which are in urgent need of repair and relation to the arguments which have been very well put redevelopment so they can offer the opportunities by home-educators statewide. They are one of the best which would been seen as only acceptable in the lobby groups in relation to this bill. They have certainly metropolitan area. I can name many of them. They go reflected their thoughts. I do not think there is any right across regional Victoria, where we have doubt that home-educators do not wish to be involved enrolments of less than 15 in many cases. In most cases with any further Big Brother regulation of the sort this enrolments at big kindergartens in towns with government is only too willing to impose at every population bases of 1500 to 2000 people would not opportunity. exceed 50 in normal circumstances. Registration and regulation are major concerns. I think the school leaving age has concerned us all. I There is absolutely no doubt that faced with the few have a very strong belief that 15 is an ideal leaving age. options these parents had, registration was reasonably I accept that there are many who see that 16 would give considered. The regulation side of it is a major concern, commonality across the nation. I have major concerns and I very strongly believe it should be a major about students who are having difficulty with their concern. Parents who elect to educate their own current schooling and would very much like to enter the children take on a very big role. I congratulate them. It area of apprenticeships or TAFE education and that is not something I personally would have the capacity type of thing requiring an exemption to enter those to do but I certainly support those who endeavour to go courses for their further life experiences. down that track. I can say openly that until 50 years ago many people in regional Victoria were home-educated. It is terribly important that voluntary religious I missed by three years. Many members of my instruction remain part of our curriculum. It must community were home-educated and a lot of them hold remain secular, as it has been in the past. I have little leading positions in our communities across regional doubt that this government would have removed that Victoria. opportunity if it were not for the heavy lobbying by parents from across the state. Statewide I have received some correspondence from those who 15 000 signatures were collected on petitions. I have have done an excellent job in home-education and it is little doubt that that persuaded the government that it important to put a couple of things on the record. One was erring in its thoughts here so it left this alone. I of the pieces of correspondence I have received is from presented petitions on behalf of communities and the Reichenbach family from Nhill. John and Leanne constituents in Western Province. I believe very have done a fantastic job with the education of their six strongly that what they were putting before the house is children. Some of their children have completed their something we have to maintain. education, some are yet to complete their education and one child elected to complete his education in the state The position of free education should give us all some system, and this family made these opportunities concern. I believe very strongly that education should available to them. The correspondence states: be made available to all in our community regardless of John and I share with many other home-ed people the belief whether they are under or over 20 years of age. Public that it is our right to teach our children and we don’t want that education should be free, secular and encouraged. right taken away from us or controlled by the gov’t or any Wherever we can we should be offering the best other body, unless we choose to give them that control. opportunity to these people in whatever circumstances That is a very important statement. The letter goes on to they desire if they return to the education sector to say: better their chances in life. We have thought long and hard about the issue of One of the biggest areas of concern has been heavily ‘registration’. We do not mind the gov’t knowing that we discussed today. I compliment the contribution made by home-ed our children … What we do have a problem with is my colleague the Honourable Andrew Brideson. His if they want to come into our homes and tell us what to teach EDUCATION AND TRAINING REFORM BILL

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and how to teach, and that we can only teach with their In closing, I would like to say that we in Western approval. Province certainly recognise that we have great need of That is the major concern for those who elect to educate further opportunities for education there. We look at the their own, a choice I believe very strongly they are opportunities required in Torquay where a P–12 school entitled to make. The correspondence goes on to say: from 2007 would be applauded, but we cannot get any acknowledgements from this government. We see in We and many others wish to stay within the law and not be Lara that we could handle a P–12 school of twice the civilly disobedient. size. It is bulging at the walls without further development and the community is growing all the That is an extremely important point. The people who time. We also note that Bannockburn, one of the largest wish to home-educate their families want to do so rural centres and growing by the day, will require a within the law and would be very happy to abide by the year 7 to year 9 school in the very near future, yet that law. is not included in any strategic plan. I want to pick up on a comment made in the Age of I would also quickly draw attention to the efforts at the Monday, 6 March, where some of the concerns have Ararat North Primary School under the directorship of been stated: principal John Cunningham. What a marvellous effort Under a draft of the bill, home-schoolers will need to register John is making up there against all odds. Not only does with a new body called the Victorian Registration and he have 105 students under his control but he also has Qualifications Authority, which will have the power to cancel over 40 of them for breakfast. In excess of 50 per cent registration if parents refuse to allow it access to the education of the children attending his school would in some program being used. people’s eyes be deemed to be disadvantaged. They are This particular statement is the major concern where from single-parent families, but John has been home-education parents wind up the flag and say they marvellous in putting a curriculum together that serves are not wanting to get involved with the regulation at the needs of these children so that they are excelling. any cost. They want to be able to determine what is the best for our children on an individual basis, even if the In winding up my contribution, I must say that with curriculum for one child differs from another. I think those four or five points I think I can demonstrate that that is the very important part here and we want to the bill in its current form will be opposed by this side render that opportunity available to all those who are so of the house and we look forward to the amendments inclined. coming out at the committee stage.

Another statement in correspondence I have received Ms CARBINES (Geelong) — I am very pleased to suggests: speak this afternoon on behalf of the government in relation to the Education and Training Reform Bill. I Many home-schooling families left the public system because am always delighted to stand in this place and speak of problems with that system — breakdown of discipline and about education, having been a secondary school low levels of literacy and numeracy. If these matters were addressed by the Labor government then the numbers leaving teacher in the state school system spanning 20 years the public system would be lessened. By the Victorian before I was elected to Parliament. education department’s own figures, 17 per cent of those leaving school at the end of year 10 cannot read adequately. Hon. Andrew Brideson — You are not that old!

What a serious problem our education department and Ms CARBINES — I am that old, Mr Brideson! educationalists face — to think that 17 per cent of those leaving school at the end of year 10 cannot read I feel passionately about education, particularly state adequately! The letter continues: education. I am a product of state education myself and I consider that I received a fabulous education, both in We suggest that the Labor government has much scope to English primary schools and an Australian secondary improve things in its own schools. It can leave the matter of school at Mitcham High School. I send my own children who are home-schooled to their parents who make a big commitment to their future when they decide to take this children to state schools, and having taught in four state issue on for themselves. secondary schools in Melbourne and Geelong. I cherish those memories and know that state education is That is pretty self-explanatory. The numbers speak for extremely well placed now that the Bracks government themselves and I certainly congratulate those who have is in power in this state. gone down that track. Education, of course, is the key to the rest of your life, and I am always proud to admit my indebtedness to the EDUCATION AND TRAINING REFORM BILL

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Whitlam government dating back to the 1970s for the School, where my son is in year 10, are very good removal of tertiary education fees which gave me, the schools, and I am grateful for the education they are child of a working-class migrant family, the receiving. opportunity to access tertiary education because the government removed the fees which meant that I could The bill before us this afternoon, the Education and go to university. I have been able to establish a Training Reform Bill, is the culmination of a widely wonderful career in teaching and also now as a member consultative approach that the Minister for Education of Parliament due to the education that I received and Training in the other place, Ms Kosky, has adopted courtesy of the state in both England and Australia. in relation to reviewing education across the state. In July last year she released a discussion paper in which The Bracks government has worked very hard over the she wanted to set forward her policy initiatives and her last seven years to rebuild state education, to turn ideas as a blueprint for education in our state — not just around the dark times of the Kennett government and for now but providing us with a vision well into the the policies it imposed on education across our state. I future. She received many submissions in relation to the taught in state schools in the Kennett era and I know the discussion paper, and that culminated in the release last very demoralising time it was when we saw some year — I think it was in September — of the final 300 schools closed across the state and up to blueprint for education. 9000 teachers sacked, with the resultant increase in class sizes throughout the state. It was a very As a result of all that consultation the minister then put demoralising time and I can remember the former out a draft exposure bill of this bill prior to Christmas, Premier, Mr Kennett, basically saying that teachers as and she has again received many public comments in public servants offered nothing to the state because they relation to the bill. So Minister Kosky has set about did not contribute $1 of wealth. Nothing could be outlining her vision, but she has not wanted to impose further from the truth. that vision. She has wanted to consult widely with the Victorian community — to engage teachers, parents, We have worked very hard to reinvest in state students and other educational providers on their education. We fundamentally believe in the principles thoughts about her vision. I congratulate the minister of education, and we believe everyone in this state, no for taking on that task. It is actually the most matter where they live and no matter where they go to comprehensive reform of education since the Education school, deserves the opportunity of having a good Act of 1872. education. We have worked hard to rebuild the education system. We have re-employed up to about The bill today is reflective of this consultation process 5000 teachers and staff across the state. We have that Minister Kosky undertook, and I would like to undertaken a huge upgrade of our facilities program, to speak to some of the specific provisions in the bill that the point where I think one in three schools have been have come about as a result of that consultation. I upgraded over the last seven years. would like to firstly congratulate the minister for raising the minimum compulsory school leaving age to 16. As There are many examples in my own electorate of members in this place would be well aware, currently it Geelong Province where schools have been rebuilt. We is compulsory for students to stay at school until they have new schools like Torquay Primary School and a are 15. Thankfully not many students leave at the age of new secondary school at Lara. I know that the minister 15 these days — and I mean thankfully — because the is now being asked to allow Lara Secondary College to earlier you leave school the lower qualifications you operate the Victorian certificate of education (VCE). will have. You will have fewer skills and you will not We are going to be providing for secondary education be able to access as many jobs or opportunities later in in Torquay with a P–9 school, an extension of the life. I know it is easier these days to re-enter education Torquay Primary School. We have built a at different times in your life, but if you leave school at state-of-the-art secondary school in Ocean Grove, a 15 you are minimising your opportunities significantly. school which the Kennett government had condemned I am pleased to see that the minister is raising the for closure. The school that we have built there replaced minimum compulsory school leaving age to 16. This a school that consisted entirely of portable buildings. will widen opportunities for students, allow them to gain further qualifications and skills and better furnish In my electorate I can also find many examples of great them for opportunities later in their lives. educational practice. I know the two schools my own children attend, Matthew Flinders Girls Secondary It still is a fraught path for students who leave school College, where my daughter is doing Victorian early, even if they are 16. A friend of my daughter’s left certificate of education this year, and Belmont High school at the end of her year 11 last year thinking she EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1369 had an apprenticeship under her belt. She took up an multifaith community in Victoria and the rest of offer to undertake an apprenticeship at a local florist Australia, that we have a secular school system. That and left school. The day before her three-month trial does not preclude the provision of religious instruction, period was over the florist sacked her. It is too late for which many parents wish to be able to access. The bill this girl, who is 17 years of age, to go back to her reaffirms the opportunity for parents and students to school in Geelong this year. She could not possibly start access voluntarily religious instruction. This her year 12 course now. She has been sacked; she no reaffirmation of the secularity of the government school longer has an apprenticeship. What are her system actually reflects what happens in our opportunities? It is going to be very hard for that girl to community. re-enter education this year, so she will need to think about doing her year 12 next year. She is having a hard I would like to talk a little bit about home-schooling. I year. I would say that is reflective of many students got a lot of correspondence about home-schooling. I across the state when they leave school early. It have to say the correspondence I received, especially undermines their opportunities later in life. the 5000 or so emails I received from America, which I am sure every other member of Parliament also This bill also reaffirms the principle of free instruction received, was counterproductive. It made me question in government schools. I believe very strongly in that whether the people who encouraged the American principle. It is very important that students — no matter home-schooling brigade to extensively lobby Victorian what their home background is or which suburb they members of Parliament actually understood what the come from — are able to access high-quality free government was attempting to do in relation to education. I am very pleased to see the reaffirmation of home-schooling. Obviously they did not. A number of that commitment in this bill. But we need to my constituents have asked me to raise their concerns acknowledge that schools also need to seek some in Parliament. I am happy to acknowledge that a contributions from parents in relation to curriculum number of my constituents home-school their children, activities. and they are prepared to tell me they do a very good job. The bill enables school councils to seek voluntary contributions from parents. They are voluntary. There is As a state schoolteacher I think it is a pity that some no compulsion in relation to those contributions, but it children in our system in Victoria do not have the is very important that schools have the opportunity to opportunity to go to school because their parents have seek those voluntary contributions because they do chosen not to send them to school. School provides a make a difference. The bill sets in place safeguards to great socialisation experience for children. It broadens protect students and parents. It is important that people their experience incredibly. I was a little dismayed to know their rights and that voluntary contributions are see the number of children who are being not compulsory. Sometimes schools are a little home-schooled across the state. It is a parent’s right to aggressive in relation to voluntary contributions, and do that; all we are asking is that they register their they need to be reminded that parents have a right to intention and that they get access to curriculum make up their own minds as to whether they are going materials that are on offer to every other student in the to be contributing or not. state. Why should children who are being home-schooled be disadvantaged as far as curriculum The bill also allows schools to charge for goods and materials are concerned? That is all I have to say about extracurricular activities which are not voluntary. That home-schooling in relation to my electorate. is important, because school budgets can stretch only so far. If students are going to be undertaking This bill also establishes the new authority which will extracurricular activities that involve extensive costs, be responsible for registering teachers. The Victorian those costs need to be defrayed somehow, and therefore Registration and Qualifications Authority will be it is appropriate that schools will be able to seek those responsible for the registration of all education costs from parents when their students are enrolling in providers in our state. It replaces the Registered Schools such courses. Board and the Victorian Qualifications Authority. This is a good bill, and it reflects what happens in our I believe very strongly that religion should play no part community. in state education. I remember from my own primary schooling in England that religion plays a very Hon. W. A. LOVELL (North Eastern) — I rise to important part in state education there. The Church of speak on the Education and Training Reform Bill. Like England is certainly pushed very strongly in British Ms Carbines, I am the product of a state school schools. I think it is entirely appropriate, with the education. I am very grateful for the education that was EDUCATION AND TRAINING REFORM BILL

1370 COUNCIL Thursday, 6 April 2006 provided to me at those schools. I attended two a choice between two government schools based on the different primary schools and two different secondary curriculum programs specialised in at the school; it may schools. be based on a choice to send a child to a school that has an emphasis on religious philosophy; it might be that a My first primary school was the Williamstown Primary school can provide a benefit to a child because of its School, no. 1183, and I have very fond memories of teacher-student ratios; or it may be the choice to that school, which I loved dearly, and I believe it is also home-school the child. Whatever the reason, choice is the school that gave Joan Kirner her political start. Joan very important to families, because it means that the Kirner started out in the mothers club at the children will receive the education that suits them best Williamstown Primary School. In my later years at in an environment that suits their particular needs and primary school I moved to West Newport Primary will provide the best opportunity for them to reach their School, and it was there that I actually made my full potential. first-ever political speech when I was the student chosen to thank the Honourable Lindsay Thompson, A couple of years ago I raised an example of some the then Minister for Education, when he came to open families who lived in my electorate — families who our new art wing. lived in Picola — who chose to send their children to the second-closest school, which was in Echuca. There In my secondary school years I had the unique were a few reasons why these families chose to send experience of being a foundation student at two their children to Echuca. Some of the families had separate secondary colleges. The first one was Paisley made the choice because the curriculum in Echuca High School in Altona East, which was a very special better suited their children. Others made the choice school. We arrived on the first day of school and it was because they wanted their children to attend a larger only a paddock. We had to attend a neighbouring school because they believed that would better prepare school for several months until we were supplied with them for the next step of their education at a tertiary seven portable classrooms. We had seven teachers, level. There was one family who moved their child to seven portable classrooms and about 90 students, but it the second-closest school because of social issues that was a unique time because when we did something we were affecting the child at the closest school. All these did it as an entire school. were perfectly good reasons why parents should be bale to choose a more suitable school for their children to When I first came into this place I was reunited with attend. one of my fellow foundation students, Anastasias Mouseferiadis, better known as Tass, who was an The students I am referring to all attended the adviser in the health portfolio to the Bracks second-closest school, and because they were attending government. I also shared that time with Greg Miles, the second-closest school they should have been who for the past 25 years has called the Melbourne entitled to bus travel that was capped at a certain level. Cup. Other students who attended Paisley at the same Because of a quirk of fate the shortest route from their time were Charlie Yankos, who went on to captain the home in Picola to their second-closest school was Australian Socceroos, and Lisa Crittenden, who went actually through New South Wales. When you leave on to star in Prisoner. We had a special time at Paisley. Echuca the Murray River does a 90° turn to the north and Picola is up in that little section and the quickest When I was in year 10 we moved to Shepparton, and I route is through New South Wales. Because the bus again had the experience of being a foundation student travelled through New South Wales the Bracks at the Wanganui Park Secondary College, and I government denied those parents the cap on their bus finished my education in Shepparton at that school. I travel. That was particularly unfair. It was costing those have very fond memories of the time I spent there as parents up to $2000 a year per child to send their well. children to their second-closest school. The parents In my brief contribution to the debate today I would were prepared to pay that in the interests of having the like to talk more about choice. Generally in Victoria we choice of the best education for their children. are fortunate that when our children reach the age when Home-educators have been very vocal in expressing they are required to go to school, we have a number of their wish to have the choice to educate their children at schools that we can choose from. This choice is home in the environment and in the way they deem to provided through both the state, Catholic and be the best for their child. We were all inundated with independent schools systems. Choice is very important emails expressing support for parents who choose to to many families when they are deciding what type of have the right to home-school, and there were education will best suit their child. That choice may be thousands of them. Although the Labor Party may have EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1371 thought they were counterproductive and Registration and Qualifications Authority, and we will Mr Crutchfield may have chosen to be rude to those be moving an amendment in the committee stage to people, everyone has a right to lobby a politician on include representatives of Catholic and independent their particular concern. schools on the VRQA.

I would like to quote from a letter from Peter and We will also be moving other amendments to give Kerryn Dun to the Scrutiny of Acts and Regulations direct powers of self-regulation to non-government Committee. The letter states: schools and systems, to remove the compulsory requirement for home-schooling parents to register, and Parent home-educators choose not to delegate this precious to ensure that 20-years-olds and those older do not have education process to a third-party education system whose values and/or processes and/or motives are not supported by to pay to complete their VCE. The bill is now to be these parents. Parents should have the freedom to choose how referred to the Legislative Committee. I look forward to their children are educated, and any home-education participating in that process and to supporting the legislation to regulate its practice is only warranted if there is amendments moved by the Liberal Party in the genuine evidence that ‘harm’ is being caused to these children by them not being educated in the same manner as in a public committee stage of this bill. or private school institution. Hon. Andrew Brideson — President, I draw your Again, that letter supports the choice for people to attention to the state of the chamber. It is a blight on home-educate their children. The Jandesu family, who this Parliament when there are more people in the live in my electorate of Shepparton, wrote: public gallery than in the chamber.

We are a home-schooling family of six children and have Quorum formed. been actively following the new bill over these past few months. We have been increasingly concerned over the lack Ms HADDEN (Ballarat) — I rise to speak on the of ‘due process’ with regard to the way in which many of the Education and Training Reform Bill which is before the issues have been dealt with. Parliament this afternoon. At 430 pages and We would appreciate you noting that we maintain that there six chapters it is quite a doorstopper! should be no change to the current legislation regarding home-schooling. This bill will replace 11 acts dealing with education and training and also division 8A of part 3 of the Although Mr Somyurek may have thought all these Community Services Act 1970 which deals with the emails came from America, this email is from a family obligations of parents to send their child to school. The in my own electorate and they are asking me to note in purpose of the bill is outlined in chapter 1, part 1.1, this debate that they believe there should be no changes clause 1.1.1 which reads: to the way home-schooling is regulated in Victoria. (1) The main purpose of this Act is to reform the law As I said, some families choose to send their children to relating to education and training in Victoria by a school that has a specific religious philosophy, and it providing for a high standard of education and training is important that these schools have the opportunity to for all Victorians. promote that faith. David Everett, principal of Cathedral College in Wangaratta, an independent In clause 1.1.1(2) the bill goes to say that: Anglican school in my electorate, wrote to me and (2) In particular this Act makes provision for or with respect asked for support for two specific recommendations. I to — will read from his letter: (a) the years of compulsory schooling … We want to ensure that a non-government school established for children of particular faith has the right to teach and (b) vocational education and training, technical and promote that faith. It is also important that the proposed further education, adult community and further Victorian Registration and Qualifications Authority consider education, and other post-compulsory education the independent nature and values of our schools when they and training; monitor minimum standards. (c) the establishment and regulation of Government That expresses the right of the religion-based schools to schools and the regulation of non-Government be able to promote the faith within their schools and schools and home schooling — also for there to be minimal intrusion into their which is probably one of the most contentious areas in curriculum. One of the concerns that the Liberals have the bill. Further : about this legislation is the lack of representation for Catholic and independent schools on the new Victorian EDUCATION AND TRAINING REFORM BILL

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(d) the establishment and regulation of which is when most families are on school holidays. post-compulsory education institutions and The timing for making submissions was inappropriate. providers; The idea was that people would not be able to (e) the development and accreditation of courses … participate fully in the discussion paper and submission process. (f) the recognition, regulation and promotion of the teaching profession; The bill raises the school leaving age to 16 years. That … may or may not be a problem, but it will be a problem if this government is not prepared to adequately fund (h) the monitoring, planning and development of the those students at school who are aged up to 16 years. It provision of education and training; raises the fines for compulsory attendance to 1 penalty unit, which is now nearly $105. The onus lies on The bill covers the breadth of education and training in parents to send their child to school. this state. The bill asserts that schools will remain secular. I attended the 1 hour home-education seminar to which Schools can teach comparative religion and may offer I was invited as part of a parliamentary briefing in religious education as long as the attendance to it is room K of Parliament House on Thursday, 30 March. It voluntary. Schools must ensure that the instructors are was conducted by the Victorian alliance of qualified to teach religion, are accredited and have home-educators and it was a very informative seminar undergone police checks. There is nothing wrong with presented by a number of speakers. I was very grateful that. that they had taken the time and the effort to present to members. There were not too many government My daughter attends an Anglican school, which is our members there, and that was most unfortunate. choice, and which gives her a religious Anglican education. Ballarat Grammar does not call its religious The presenters spoke on the importance of subject ‘religious education’ or ‘religious instruction’; it home-education to young people in this state and were is called ‘beliefs and ethics’ which really is what available to answer questions. I have been lobbied by a religion is about. My daughter gets an enormous number of home-educators — I am having trouble amount of information and history, especially on ethics because this bill is such a doorstopper that it keeps and belief systems across all religions in the history of closing on me and I cannot read it, which some our time. members might think was a good idea! During the discussion of the bill, including during last The issue of home education is very topical and year, there have been something like 196 separate concerning to those who wish to home-educate their petitions presented to the Parliament, with over children. I understand that both The Nationals and the 15 000 signatures, which have requested the Liberal Party have circulated proposed amendments government not to interfere with the choice of religious which they will pursue in the Legislation Committee in instruction or ethics and beliefs in our schools. I the near future. Unfortunately I am not a member of the certainly support that stand by many in my electorate Legislation Committee. It is made up of six members of who are passionate about the right of a student to this house who were appointed by the Leader of the participate in ethics and beliefs, or religious instruction, Government and leaders of the parties. I regret to say it in a school. excludes Independent members of this place. The choice of where a parent sends their child to school I will not be able to participate in the Legislation is another aspect of the bill. Choice is very important in Committee process, yet I represent Ballarat Province — education. Under the bill, there is a new body to be which is a very large province — and I have many established called the Victorian Registration and home-educators in my electorate. Home-educators have Qualifications Authority which will register all schools, been very vocal. They have done it with much training providers, all non-university higher education decorum. providers as well as monitor home-schooling. This Before I return to the issue of home-education, I will authority is going to be powerful. It must be satisfied provide a general overview of the bill. The bill was that schools and providers offer a minimum standard, developed last year. There was a discussion paper but there is no detail as to what that minimum standard released in February last year, and there was an will be. There is no detail as to how those standards will exposure draft released late in December which gave a be monitored; that concerns home-educators. lead-up time for submissions over the January period, EDUCATION AND TRAINING REFORM BILL

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As I have said, there has been a lot of apprehension and to parents’, and it criticised the government’s lack of concern by home-schooling parents as to the full real consultation with parents, saying: implications of the new regulations to come in under the bill. Despite the government’s assurances that the The ‘consultative’ forum was devised by the government as a sop to home-educators for not being adequately consulted in impact of the bill and regulations will only be ‘light the drafting of the bill, and we were appalled at its touch’ — the government’s description — they are not high-handed and dismissive approach actively relayed by Liz satisfied. They are concerned that parents may be Beattie, the parliamentary secretary of education. charged — — Referring to the Parliamentary Secretary for Education, Business interrupted pursuant to sessional orders. the member for Yuroke in the other house, the letter goes on to say: Sitting continued on motion of Mr LENDERS (Minister for Finance). She was then contradicted by her own aide when she incorrectly claimed the education minister was currently responsible for home-educated students. Ms HADDEN (Ballarat) — I lost a number of seconds there, Acting President. Will the clock be The letter goes on to criticise the Parliamentary restored? Secretary for Education’s claim that the bill is light-touch legislation, saying that the parliamentary The ACTING PRESIDENT (Mr Smith) — secretary: Order! No. … wouldn’t explain why it introduces harsh criminal and Ms HADDEN — What a shame. I have been monetary offences for any parents deemed not to comply with gagged again. I only get 15 minutes. its new imposed curricula.

Ms Romanes interjected. All present agreed the current system works well, so why the change, Mr Bracks? Ms HADDEN — No, I am just stating a fact, Mr Briggs is quite right. There is not a light touch in Ms Romanes. I have no chips on my shoulder. The fact this bill; the penalties are pretty severe. They are set out is that I am being gagged and have lost time. in part 4.7 of the bill under the heading ‘Offences’. The penalties for not complying with the authority, The bill does not provide for representation of registration requirements et cetera are 60 penalty units non-government schools on this new, very powerful for an actual person and 300 penalty units for a body body, the Victorian Registration and Qualifications corporate. So it is certainly not light touch. The bill Authority (VRQA). That concern has been expressed speaks for itself. by the Association of Independent Schools of Victoria as well as the Catholic Education Commission Victoria. The majority of home-educators who have made Those two bodies make a very real and valuable submissions to me or other members of Parliament contribution to education in this state. They should want the bill to be redrafted so that the requirements for certainly be recognised as legitimate providers of home-education are in line with the existing Education education and education services and should each have Act’s requirement that parents provide regular and a position on this authority, as should home-educators if efficient instruction without reference to a statutory that is their wish. authority — that should not be too difficult for the government to implement, I would have thought. The Association of Independent Schools of Victoria submitted a recommendation to the government that it It is important that we do not alienate the something be enshrined in law that religious non-government like 15 000 home-educated students in this state. That is schools be allowed to advocate their religion. It also exactly what the government seems to be doing at the recommended that the VRQA should formally moment. Of course it could be generous, fair and recognise the independent nature of these schools. Of democratic and vote and support the amendments course neither of these recommendations has been circulated by The Nationals and the Liberal Party. I do accepted by the government. not think it will do that, but it would be nice if it did. It would show that it really is listening to home-educating In relation to home-schooling I will start by referring to parents in this state. one of many letters to the Ballarat Courier. This one, which is from Daniel Briggs, was published on An honourable member interjected. 25 March 2006. It was headed ‘Education forum a sop EDUCATION AND TRAINING REFORM BILL

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Ms HADDEN — Yes, I got lots of emails. I also got Just to show that the government is getting on with the emails from Mr Crutchfield, the member for South job and is many steps ahead of the opposition, there Barwon in the other place, and Mr Helper, the member was a media announcement today from the Minister for for Ripon in the other place. I think the Premier should Education and Training saying that Lara Secondary have called them both in and given them a lesson on College will be expanded to cater for years 7 to propriety, professionalism and spelling. 12 students by 2008. That is an exciting announcement; it gives certainty to the community at Lara that there I have had many emails, personal representations and will be upper secondary education for their young letters from home-educating parents in my electorate. people, the students in that area. It is a reminder that They were listened to. What a job! I commend them! I since the Bracks government came to office 45 new and reckon they deserve a gold medal. I say that to Minister replacement schools have been built, funded or are Madden who is at the table — a gold medal for under construction in addition to the hundreds of major educating their children at home. I must say as a former building projects undertaken across the state as well as lawyer who practised in a number of jurisdictions and ongoing maintenance. courts across the state, I never in my 15 years of legal practice came across a home-educated child who had At the beginning of 2005 discussion papers were committed a criminal offence. I will place that on the circulated relating to the review of education and record. I believe this bill in relation to the regulation of training legislation, school governance and the role of home-educated students is over the top. It is a form of school councils. As a local member of Parliament, controlling parents in their homes and in their wishes to along with the member for Brunswick in the other home-educate their children efficiently. It is also, I place, Carlo Carli, I took the opportunity to hold two believe, a form of revenue collection. That is what it is workshop sessions in April and May last year at going to be — a form of revenue collection as well. I Brunswick town hall. We had over 30 people at one have concerns about those areas in the bill and a session and around 40 at the other. They consisted of number of others but I am running out of time. I hope interested parents, educators, students, councillors from the Legislation Committee can refine the bill so that the the City of Moreland, parents associations and 15 000-odd students in this state who are being generally interested members of the public. home-educated are actually looked after by our Parliament. As well as being organised by the two of us as local members, the forums were sponsored by the Moreland Ms ROMANES (Melbourne) — I feel privileged to City Council. The mayor at the time, Mark rise to speak on the most significant reform of Higginbotham, gave an opening address and education and training legislation since 1872. The encouraged workshop participants. He linked his family legislation we are dealing with in the house this to the education minister responsible for the free, afternoon represents a rewriting and bringing together secular and compulsory framework which was set in of eight major pieces of legislation which together place in 1872 and which provided such a strong endeavour, as it says in the beginning of the bill, to foundation for education in this state — a foundation provide for a high standard of education and training which has been enduring and has stood the test of time. for all Victorians. Mark Higginbotham also spoke strongly of the support I would like to congratulate the Minister for Education of Moreland council for forums such as the ones we and Training, the Honourable Lynne Kosky in the other were conducting, which brought members of the place, for conducting a thorough review process over a community together to talk about education and period of time which has led to the production of a training issues. The council believes in the importance substantial, cohesive and comprehensive piece of of education and training in every community. We are legislation for the education and training sector. I would aware that the longer young people stay at school, the also like to congratulate the minister on the job she is more likely they are to acquire skills and life tools to do doing and has been doing for some years in her better in their life pathways and to minimise harmful education portfolio. Mr Koch’s earlier comments about risk factors. growth patterns in certain parts of the west of Victoria and the Lara area, which would indicate a need for an At the forums, project directors Michael Kane, Lesley extension of Lara Secondary College, bring my Foster and Helen Clarke spoke to the groups about the attention to the announcement the minister made earlier need to modernise and find an appropriate degree of today that obviously Mr Koch was not aware of at the regulation and a new framework to meet current time he made the comments. community expectations, one which would provide flexibility to deal with what is now a more complex EDUCATION AND TRAINING REFORM BILL

Thursday, 6 April 2006 COUNCIL 1375 society with educational needs that we need to respond communities, and the choice of many parents, and it has to in a whole range of ways. We are a more diverse certainly been the case for my own family, where our community of different cultures, backgrounds and children had wonderful educational experiences at our faiths with a wide range of incomes, personal resources local community schools — Princes Hill Primary and supports. There is also a need to reconsider what School and Princes Hill Secondary College — the sort of input there should be from communities into the reality is that parents and students do choose between a operation of schools and the relationship of schools to whole range of different options, between government their broader community. There is also a need to and non-government schools, between individual provide the flexibility to enable innovation into the government schools and between individual future in this sector. non-government schools, and further to this, parents and students choose between formal schooling and In preparation for this debate today I looked back on non-formal educational settings as well as between our submissions to the minister following the training providers. workshops, and the responses we gave to the eight key questions that were posed at those workshops. In I accept that if the legislation is to be updated to reflect retrospect I was impressed by our collective wisdom 21st century education, then it does need to and the cautious approach of participants as well as the acknowledge the diversity of choices within and across understanding of those gathered there, that some of the each sector. Of course we also need to acknowledge questions posed in the discussion papers were quite that choice is dependent very much on the geographic thorny issues which demanded much knowledge and and economic circumstances of the family, and that is experience from those in the Department of Education why the Bracks Labor government is determined to and Training and the minister’s office to resolve and ensure that all schools and providers, through the put forward as helpful legislation for the future. standards that are set within this legislation and through the resources and programs provided in education and As members here know, the white paper was released training, should be of a high quality. To ensure this the in September 2005 and an exposure draft of the bill was bill establishes a new regulatory authority to ensure released in December of that year. The bill is an minimum standards for all school and post-school excellent outcome of the work of the last year or two. It providers throughout the state. goes to the nub of the more difficult and controversial matters that needed to be resolved. It sets priorities and One final matter that I want to mention is the role of guiding principles for the years ahead, and a substantial school councils in school improvement, which is and cohesive framework and system to serve the addressed in the bill. There is attention in the bill to community, parents and students into the future. expanding the objectives of school councils, to ensure that school councils are given the mandate to provide The participants who came to the workshop at oversight and support for their schools, because they do Brunswick town hall early last year would be pleased if play one of the most vital roles in our community. That they had the bill in front of them to see what the key role is to monitor overall school performance, and to outcomes were and the changes captured in the new input from local communities into the activities, aims, legislation. As previous speakers have mentioned, those objectives and functions of schools. School councils changes are outlined at the start of the bill and on can make an enormous difference to the standing of a pages 8 to 19 of the white paper, and I will not reiterate school in a local community and to the activity of those them because they have been the subject of widespread schools. discussion up to now. With those few words, I am pleased to support the bill However, there was one area of difference. Those of us before the house, and I wish it a speedy passage. who met at Brunswick town hall put forward a view about the issue of choice and whether it should be House divided on motion: included as a principle in legislation. The conclusion reached by that group was that it should not be Ayes, 23 enshrined as a principle in legislation. Argondizzo, Ms Mitchell, Mr Broad, Ms Nguyen, Mr Those who have drafted the bill that we are dealing Buckingham, Mrs Olexander, Mr Carbines, Ms Pullen, Mr with before the house have included choice as a Darveniza, Ms Romanes, Ms principle in legislation, and have done so for a number Eren, Mr Scheffer, Mr of reasons. One of those is that although the Hilton, Mr Smith, Mr (Teller) neighbourhood school remains the cornerstone of Hirsh, Ms (Teller) Somyurek, Mr Jennings, Mr Theophanous, Mr VALUATION OF LAND (AMENDMENT) BILL

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Lenders, Mr Thomson, Ms Furthermore, section 98(6) provides that: Madden, Mr Viney, Mr Mikakos, Ms A Council must review within the period of 12 months after a general election all delegations which are in force and have Noes, 12 been made by the Council under sub-section (1). Brideson, Mr Hadden, Ms Coote, Mrs Koch, Mr It is sometimes difficult for members of the general Dalla-Riva, Mr Lovell, Ms (Teller) public — that is, ratepayers — to understand that a Davis, Mr D. McL. Rich-Phillips, Mr planning decision, for example, is made by a council Davis, Mr P. R. Stoney, Mr officer. They approach their local councillor for help Forwood, Mr Vogels, Mr (Teller) but are informed, ‘Sorry, I cannot help. The authority Motion agreed to. has been delegated to council staff’.

Read second time. Personally, I do not have a problem with the powers of delegation, but it is important that due process is Referred to Legislation Committee. observed. Councils need to be mindful that ratepayers vote for councillors to stand up and debate their issues of concern, especially in planning matters. Operating VALUATION OF LAND (AMENDMENT) under a system of full delegation can be seen by BILL ratepayers as a cop-out.

Introduction and first reading The action I seek from the minister is that the Office of Local Government remind councils that their powers of Received from Assembly. delegation need to be reviewed within 12 months of an election. We know that elections were held about six Read first time on motion of Hon. J. M. MADDEN months ago, and it is my understanding that some (Minister for Sport and Recreation). councils still have not renewed their powers of delegation. I ask the minister to make councils aware of ROAD SAFETY (DRUGS) BILL this requirement and ensure that those that have not done so follow due process and abide by the act. Introduction and first reading Olympic Park: rectangular sports stadium Received from Assembly. Hon. J. G. HILTON (Western Port) — I raise a Read first time on motion of Ms BROAD (Minister matter for the attention of the Minister for Sport and for Local Government). Recreation, the Honourable Justin Madden. The matter relates to the redevelopment of Olympic Park. I welcome the terrific news released today of the ADJOURNMENT approval of the final design. The action I request of the minister is that he inform me when the redevelopment Mr LENDERS (Minister for Finance) — I move: work is going to commence.

That the house do now adjourn. Olympic Park was developed initially as a support Local government: delegation powers facility for the Melbourne Olympic Games, hence the name. It was also used as a warm-up facility for the Hon. J. A. VOGELS (Western) — I raise an issue Commonwealth Games. My involvement with for the Minister for Local Government, Ms Broad. The Olympic Park is as a passionate Melbourne Storm issue concerns the delegation powers of councils. supporter who has not missed a home game in seven Section 98(1) of the Local Government Act, which is years. headed ‘Delegations’, provides that a council: The facilities at Olympic Park are basic at best. The … may by instrument of delegation delegate to a member of eastern stand is rudimentary; the western stand, which its staff any power, duty or function of a Council under this contains the corporate entertainment facilities, is hardly Act or any other Act … any better; and terracing behind the goals is so shallow that unless one is as tall as the Minister for Sport and Recreation, it is impossible to see the far end of the ground. To complete the sporting precinct around the ADJOURNMENT

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Melbourne Cricket Ground it is essential that we have a for the hut as removal of asbestos is well beyond the financial purpose-built stadium designed for sports which are resources of the association. played on a rectangular playing area — that is, rugby I understand that this association would take some league, soccer and rugby union. responsibility for the hut if it was rendered safe. The resort management board could easily do that but I I ask the minister to inform me when construction work heard it just wants to build a car park on the site. on Olympic Park will commence. Melbourne Storm will then have a home base which does justice to its The plight of Mr Henning, who is faced with paying to reputation as one of the best-supported clubs in the pull this thing down, and the clouded future of the hut National Rugby League. Go Storm! has been drawn to my attention by renowned alpine educator and historian Ian Stapleton, of Harrietville. I Mount Hotham: Wire Plain Hut ask the minister to stop the resort management board Hon. E. G. STONEY (Central Highlands) — I raise from levelling this historic hut and charging the an issue for the Minister for Environment in another key-holder for the work, and instead to instruct it to place regarding the pending demolition of the Wire render the hut safe and work with the VHCHA and Plain mountain cattlemen’s hut at Mount Hotham by Mr Henning to protect what little genuine cattlemen’s the Mount Hotham Alpine Resort Management Board. history is left around Mount Hotham. Wire Plain Hut was built in about 1962 by Bill Howard, Planning: Knox venue a mountain cattleman. Mr Howard died in 1978 and left the hut’s keys with Mr Dick Henning so that people Hon. C. D. HIRSH (Silvan) — I want to raise a could continue to use it. The hut is locked, but matter for the attention of the Minister for Planning in apparently Dick lets people use it whenever they want. another place, Rob Hulls. I want the minister to A plaque to Bill Howard is located near the hut, and a investigate why the Knox City Council failed to make a historical marker locates its existence. timely decision on a planning matter of great importance to the residents and traders of Boronia. A The resort management board has now written to planning application was sent to Knox City Council Mr Henning. Its letter states: seeking to establish an adult entertainment venue — As there is no lease, there can now be no legitimate reason for what is colloquially known as a strip club — in the the shed to remain. Boronia shopping centre. The council had 60 days to make a decision but failed to consider the application I am appalled by the lack of sensitivity and sense of within that time frame. This means that the council has history exposed by the resort management board calling missed the boat and the applicant can take the matter the Wire Plain Hut a ‘shed’. It is extraordinary because directly to the Victorian Civil and Administrative the design of many chalets on Mount Hotham and Tribunal. Dinner Plain are modelled on mountain cattlemen’s huts, some of them using iron and hut styling to great A strip club is a totally inappropriate facility for the effect. Boronia shopping centre. There are houses within about 100 metres of the proposed venue, which is to be in the Putting that aside, there are issues that need to be made middle of a family shopping centre. To boot, the public and debated. The Wire Plain Hut is a cattlemen’s applicant makes absolutely no provision whatsoever in hut and not a shed. The hut is locally significant, as the application for parking. One of the problems with identified in the Butler report. For the hut to be included establishing such a club is that it may attract a series of on the heritage register it must be identified by the local undesirable elements who may want to hang around the authority — which wants to pull it down. There is a shopping centre. That is not good for Boronia residents, question as to who is the landlord, the Department of many of whom are older people and many of whom Sustainability and Environment or the resort have families. Boronia Primary School in Rangeview management board. The resort management board has Road is within 1 kilometre of the shopping centre. One given Dick Henning, the key-holder, until 31 May to of the local churches is just up the road. The youth level the hut. Otherwise it will level the hut and charge centre is 50 metres away and the local community Mr Henning, which is appalling in itself. centre is just across the railway line.

The Victorian High Country Huts Association A problem may be that the ward councillor, Cr Jim newsletter states: Penna, does not live in the ward. He lives some With the strong possibility that the Wire Plain Hut would kilometres away in Wantirna South, where he keeps a contain asbestos the VHCHA cannot take on responsibility close eye on the development of EastLink. Therefore he ADJOURNMENT

1378 COUNCIL Thursday, 6 April 2006 would not have a personal concern for his family with He made some very pertinent comments here, saying, the possibility of a strip club being established in for example: Boronia and the undesirable elements it might attract. Cr Penna failed to ensure that the planning application …including the unprecedented proliferation of development proposals for establishing wind farms throughout its entire for the strip club was heard by the council in time, and range outside the breeding habitat. Cumulative impacts of he failed to ensure that it was rejected by the council. I large numbers of wind turbines are difficult to predict. It is to think he was so busy concentrating on Wantirna South be hoped that the planners have got it right. issues that he did not notice the issue in Boronia. As I said, I want the minister to investigate and advise me I would argue that in Victoria the planners may well why this apparent inefficiency in the council’s planning have not got it right. It may have required intervention responsibilities occurred. in the case of Bald Hills — — Wind energy: Bald Hills The PRESIDENT — Order! On the adjournment debate members do not put arguments for debate, but Hon. D. McL. DAVIS (East Yarra) — My raise matters for action by ministers. adjournment matter is for the attention of the Minister Hon. D. McL. DAVIS — Absolutely, President. for Environment, John Thwaites, in the other place. It What I am doing is explaining some background so that concerns the national recovery plan for the the minister understands the importance of the recovery orange-bellied parrot 2006–10. This is a draft but very plan in light of my request for his action. important plan for the orange-bellied parrot recovery team. I quote from the foreword of the plan document: The PRESIDENT — Order! Putting a position, as The orange-bellied parrot is an Australian icon in terms of a the member just has, gives an opportunity for other national conservation effort for a highly threatened species. It members to rebut it, which means it is a debating point. exemplifies an outstanding effort by four states and the That is not acceptable in the adjournment debate. I ask Australian government in working together to conserve a the member to be cognisant of that. species which knows no state boundaries and yet is reliant on the resources within each of those states for its survival. Hon. D. McL. DAVIS — Thank you, President, for The orange-bellied parrot, or OBP — your guidance. The recovery plan makes significant reference to the risks of wind farms and indicates the as it is known — very small populations of the OBP it places at risk. In this context I ask the Minister for Environment to … is an ideal test for governments and the private sector to put real meaning into the often-quoted term ‘sustainable intervene under what state powers he has got to development’. advocate to his state colleagues, the Premier and the Minister for Planning, to ensure that no wind farms People will understand why I am quoting those words impinge on the recovery plan and to get on with support in the context of the response by the Bracks of the draft recovery plan, including allocating financial government to federal environment minister Ian support. Campbell’s decision yesterday to block the 52-turbine development at Bald Hills because of the endangered Box Hill: town hall redevelopment status of the OBP. Hon. H. E. BUCKINGHAM (Koonung) — I direct This foreword by Peter Brown, a very respected my adjournment matter to the Minister for Victorian individual, says: Communities in another place. My issue is to do with the redevelopment of the Box Hill town hall. As a With such a small population the OBP could easily be forced into extinction through changes to its environment. Its welfare former councillor and mayor of the City of Whitehorse is a substantial test for those who plan developments within I am enormously interested in this redevelopment, its breeding and migratory range to ensure it is not adversely which is supported by the council, the current mayor, affected. Cr Sharon Ellis, and the previous mayor, Cr Robert Chong. The foreword goes on to say:

This recovery plan is the fourth plan for the OBP and includes Box Hill town hall is a majestic building, old and the actions required to assist its conservation for the next five stately at the front with a more modern office and years. annexe space behind. The town hall is in a great position. It is centrally located near the Box Hill library, Box Hill TAFE, the Box Hill central shopping centre and business district, and the public transport system. It ADJOURNMENT

Thursday, 6 April 2006 COUNCIL 1379 has easy access to trains, trams and buses. The of my constituents who have come to me with their redevelopment of the town hall will see the creation of personal experiences as employees. a community hub, an arts space and refurbishment of the old town hall space and amenities. As we know, I was a part of the government that enshrined the independence of the Auditor-General in The community hub will be located in the newer annex the Constitution Act 1975. I believe the buildings at the rear of the building and bring together Auditor-General is the only independent person in this more than 14 community groups as diverse as the state who can conduct a fully open investigation into Louise Multicultural Centre, the Eastern Volunteer Rural Ambulance Victoria. I ask the Premier if he will Resource Centre, the Box Hill Historical Society — of immediately refer an investigation into Rural which I am a member — Box Hill U3A and the Ambulance Victoria to the Auditor-General. Gateway local learning and employment network, amongst others. Those community groups are currently Responses housed in various locations throughout the city. Hon. J. M. MADDEN (Minister for Sport and The new facility will provide a complementary mix of Recreation) — Mr Vogels raised the matter of the services where community groups can meet and people delegation of powers through local government. I will can gain information about council and community refer this to the Minister for Local Government. services, where bookings for community facilities and community events can be made and where people can Mr Hilton raised the matter of the rectangular pitch attend seminars, classes and other recreational stadium and requested information in relation to its activities. completion date. I am happy to provide him with that in written form. The action I am seeking is for the minister to consider supporting this most important development. I Mr Stoney raised the matter of the Mount Hotham congratulate the work of councillors and Whitehorse mountain cattlemen’s hut. I will refer that to the management — the chief executive officer, Noelene Minister for Environment in the other place. Duff, Terry Wilkinson, Helen Killmier and Julie Lyon. Ms Hirsh raised the matter of Knox City Council and a I look forward to seeing this much-needed planning matter at the Boronia shopping centre. I will redevelopment eventuate. refer that matter to the Minister for Planning in the Rural Ambulance Victoria: administration other place.

Ms HADDEN (Ballarat) — My adjournment matter Mr David Davis raised the matter of the orange-bellied this evening is for the Premier. It is to do with Rural parrot. I will refer that to the Minister for Environment Ambulance Victoria, a very important organisation for in the other place. country Victorians, especially in my electorate of Mrs Buckingham raised the matter of the Box Hill town Ballarat Province. hall. I will refer that to the Minister for Victorian I will not belabour the point, but in brief over at least Communities in the other place. 12 months there have been many complaints to me Ms Hadden raised the matter of Rural Ambulance from constituent employees of Rural Ambulance Victoria. I will refer this to the Premier. Victoria, and we have seen, heard and read this played out in the Melbourne media and the Ballarat Courier as Motion agreed to. well, where there continue to be myriad complaints about alleged bullying and harassment in the House adjourned 5.14 p.m. until Tuesday, 2 May. workplace, alleged cover-ups and problems with staffing levels, especially in relation to qualified paramedics and volunteers and the staffing of the ambulances on duty.

The complaints have got to the stage where I believe the Premier needs to take decisive action that involves an open and accountable fully independent investigation. I say ‘investigation’ because the complaints are very serious. They come from a handful

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QUESTIONS ON NOTICE

Tuesday, 4 April 2006 COUNCIL 1381

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading. Tuesday, 4 April 2006

Environment: Sustainability and Environment — advertising expenditure

5301. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Environment): What was the Department of Sustainability and Environment’s advertising expenditure, including public, corporate and media relations, but excluding mandatory or staff recruitment, for 2004-05.

ANSWER:

I am informed that:

DSE's advertising expenditure, including public, corporate and media relations, but excluding mandatory or staff recruitment for 2004-05 was $637,960.00

Environment: minister’s office — alcohol purchases

5414. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Environment): In relation to alcohol purchased by the Minister’s Office since 30 June 2004, what was the —

(a) the date of each purchase; (b) the value of each purchase; and (c) the items purchased.

ANSWER:

I am informed that:

Any alcohol costs are included within a general hospitality accounting code. To isolate alcohol expenses from general hospitality expenses would involve an examination of individual transactions and would place an unreasonable burden on the Department's time and resources.

Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — entertainment expenses

5608. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to the Metropolitan Fire and Emergency Services Appeals Commission’s entertainment expenses for 2004-05:

(1) What was the total cost incurred. (2) What are the itemised details of all expenditure in excess of $500, including — (a) date incurred; (b) cost; (c) number of guests; QUESTIONS ON NOTICE

1382 COUNCIL Tuesday, 4 April 2006

(d) purpose; and (e) name of service provider.

ANSWER:

I am advised that:

There were no entertainment expenses incurred by the Metropolitan Fire and Emergency Services Appeals Commission in 2004-05.

Police and emergency services: Justice — freedom of information requests

6076. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to Freedom of Information requests received by the Department of Justice for 2004-05:

(1) How many requests were received. (2) Of these requests, how many were — (a) denied in full; (b) released in part; (c) released in full; and (d) given to the Minister before being given to the applicant.

ANSWER:

I am advised that:

(1) and (2) (a) – (c) I refer you to the 2004/05 Freedom of Information Annual Report tabled on 17 November 2005.

(2) (d) Statistics regarding freedom of information requests are not collected in this manner by the Department of Justice.

Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — interstate travel

6113. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to interstate travel by the Metropolitan Fire and Emergency Services Appeals Commission in 2004-05:

(1) How many trips were undertaken. (2) What were the destinations. (3) What was the purpose of each visit. (4) What costs were associated with the travel, including — (a) airfares; (b) car rental and hire cars, including the type of cars rented or hired; (c) taxis; (d) accommodation, including the name of the establishment and itemised costs; (e) entertainment, including its nature, the venue and itemised costs; and (f) other expenses. QUESTIONS ON NOTICE

Tuesday, 4 April 2006 COUNCIL 1383

(5) Did family members, associates, or guests accompany the traveller(s) on each trip; if so, at what cost.

ANSWER:

I am advised that:

There were no interstate trips undertaken by the Metropolitan Fire and Emergency Services Appeals Commission in 2004-05.

1384 COUNCIL

QUESTIONS ON NOTICE

Wednesday, 5 April 2006 COUNCIL 1385

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading. Wednesday, 5 April 2006

Water: minister’s office — alcohol purchases

5417. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Water): In relation to alcohol purchased by the Minister’s Office since 30 June 2004, what was the —

(a) the date of each purchase; (b) the value of each purchase; and (c) the items purchased. ANSWER:

I am informed that:

Any alcohol costs are included within a general hospitality accounting code. To isolate alcohol expenses from general hospitality expenses would involve an examination of individual transactions and would place an unreasonable burden on the Department's time and resources.

Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — capital works

6475. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to the Metropolitan Fire and Emergency Services Appeals Commission’s allocation of funds to major capital works, including major maintenance, replacement and upgrades, what were the priority major projects that were approved for the year 2004- 05 and were each of these priority projects achieved.

ANSWER:

I am advised that:

There were no major capital works undertaken by the Metropolitan Fire and Emergency Services Appeals Commission in 2004-05.

Police and emergency services: Metropolitan Fire and Emergency Services Appeals Commission — overseas travel

6876. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to overseas travel by the Metropolitan Fire and Emergency Services Appeals Commission for 2004-05:

(1) How many trips were undertaken. (2) What were the destinations. (3) What was the purpose of each visit. QUESTIONS ON NOTICE

1386 COUNCIL Wednesday, 5 April 2006

(4) What costs were associated with the travel, including — (a) airfares; (b) car rental and hire cars, including the type of cars rented or hired; (c) taxis; (d) accommodation, including the name of the establishment and itemised costs; (e) entertainment, including its nature, the venue and itemised costs; and (f) other expenses.

(5) Did family members, associates, or guests accompany the traveller(s) on each trip; if so, at what cost. ANSWER:

I am advised that:

There were no overseas trips undertaken by the Metropolitan Fire and Emergency Services Appeals Commission in 2004-05. QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1387

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading. Thursday, 6 April 2006

Transport: VicRoads — traffic controllers

5286. THE HON. DAVID KOCH — To ask the Minister for Local Government (for the Minister for Transport): In relation to VicRoads traffic controllers:

(1) For each VicRoads region, how many of the VicRoads traffic controller jobs in May, June and July 2005 were for: (a) traffic signal related matters; (b) major signal faults; (c) hardware failures; (d) traffic delays; (e) accident damage; (f) graffiti; (g) programmed works; (h) vandalism; and (i) any other reason.

(2) Why are traffic controllers painted powder blue or other light colours in locations other than the city of Melbourne when this renders them more susceptible to graffiti attacks. (3) Has VicRoads considered painting these controllers a dark green or a dark green with lighter mottling to reduce graffiti damage. (4) Could such a change be implemented under the terms of the current contract. (5) Who currently holds the contract for repainting traffic controllers and when does this contract expire. (6) What is the annual value of this contract and what other maintenance, apart from repainting, does it cover. ANSWER:

As at the date the question was raised, the answer is :

(1) In relation to traffic controller jobs, the following tables show the numbers for the various traffic controller jobs in each of the VicRoads regions for the months of May, June, and July in the year 2005. QUESTIONS ON NOTICE

1388 COUNCIL Thursday, 6 April 2006

MAY 2005

VicRoads Traffic Controller Jobs Metro Metro Rural Rural Rural Rural Rural NW SE E N NE SW W Traffic signal related matters 1 6 0 8 1 10 0 Major signal faults 0 0 0 0 0 0 0 Hardware failures 0 0 0 0 0 0 0 Traffic delays 0 0 0 0 0 0 0 Accident damage 0 0 0 1 0 0 0 Graffiti 16 62 0 0 0 0 0 Programmed works 31 27 0 0 1 0 3 Vandalism 0 1 0 0 0 11 0 Any other reason (ie electrical faults) 158 207 1 2 9 22 11

JUNE 2005

VicRoads Traffic Controller Jobs Metro Metro Rural Rural Rural Rural Rural NW SE E N NE SW W Traffic signal related matters 0 13 0 15 0 5 4 Major signal faults 0 0 0 0 0 0 0 Hardware failures 0 0 0 0 0 0 0 Traffic delays 0 0 0 0 0 0 0 Accident damage 0 0 0 1 0 0 0 Graffiti 62 36 0 0 0 0 0 Programmed works 53 12 1 3 3 5 2 Vandalism 1 1 0 0 0 4 0 Any other reason (ie electrical faults) 129 188 0 5 2 16 9

JULY 2005

VicRoads Traffic Controller Jobs Metro Metro Rural Rural Rural Rural Rural NW SE E N NE SW W Traffic signal related matters 0 6 0 6 0 3 1 Major signal faults 0 0 0 0 0 0 0 Hardware failures 0 0 0 0 0 0 0 Traffic delays 0 0 0 0 0 0 0 Accident damage 0 0 0 0 0 0 0 Graffiti 27 23 0 0 0 0 0 Programmed works 21 8 0 0 0 1 1 Vandalism 0 0 0 0 0 1 1 Any other reason (ie electrical faults) 155 135 1 3 6 16 8

(2) Traffic signal controllers are painted in the current colour scheme because this is in accordance with the requirements of the Australian Standard 2578 (Section 2.1.7). In the case of the city of Melbourne, VicRoads provided a separate approval to allow all street furniture in the city to be of a consistent colour. However, graffiti is still being placed on the controllers in the city of Melbourne.

(3) VicRoads has not considered painting traffic signal controllers dark green or dark green with a lighter mottling. QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1389

(4) Not applicable as this change is not being considered.

(5) The removal of graffiti and repainting (only if surfaces are damaged) of the controllers is undertaken on a quotation basis.

(6) The cost for the removal of graffiti and repainting of controllers is approximately $200,000 per annum. The quotation arrangements allow for graffiti removal and repainting work only. No other maintenance work is included.

Transport: VicTrack — external legal advice

5476. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): How much has been spent by VicTrack on external legal advice since 1 June 2004.

ANSWER:

As at the date the question was raised, the answer is :

From 1 June 2004 to 30 September 2005 VicTrack has spent $866,166.43 on external legal advice.

Transport: Marine Safety Victoria — freedom of information requests

5934. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to Freedom of Information requests received by Marine Safety Victoria for 2004-05:

(1) How many requests were received. (2) Of these requests, how many were — (a) denied in full; (b) released in part; (c) released in full; and (d) given to the Minister before being given to the applicant.

ANSWER:

As at the date the question was raised, the answer is :

Marine Safety Victoria (MSV) is not an agency under the FOI Act. In 2004 -2005 any requests to MSV were processed as a request to DOI.

Transport: Spencer Street Station Authority — freedom of information requests

5938. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to Freedom of Information requests received by the Spencer Street Station Authority for 2004-05:

(1) How many requests were received. (2) Of these requests, how many were — (a) denied in full; (b) released in part; (c) released in full; and (d) given to the Minister before being given to the applicant. QUESTIONS ON NOTICE

1390 COUNCIL Thursday, 6 April 2006

ANSWER:

As at the date the question was raised, the answer is:

For questions (1) and (2)(a), (b) & (c) the information is reported in the Freedom of Information Annual Report 2005.

For question (2)(d); copies of requests are provided to my office whenever the criteria outlined in the Attorney- General’s “Improved Accountability Guidelines for FOI” are met.

Transport: Urban and Regional Land Corporation — freedom of information requests

5939. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to Freedom of Information requests received by the Urban and Regional Land Corporation for 2004-05:

(1) How many requests were received. (2) Of these requests, how many were — (a) denied in full; (b) released in part; (c) released in full; and (d) given to the Minister before being given to the applicant.

ANSWER:

As at the date the question was raised, the answer is :

The Urban and Regional Land Corporation does not come under the responsibility of the Minister for Transport.

Transport: Infrastructure — freedom of information requests

6075. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to Freedom of Information requests received by the Department of Infrastructure for 2004-05:

(1) How many requests were received. (2) Of these requests, how many were — (a) denied in full; (b) released in part; (c) released in full; and (d) given to the Minister before being given to the applicant.

ANSWER:

As at the date the question was raised, the answer is :

The answers to (1), (2)(a), (b) and (c) are found in the Freedom of Information Annual Report 2005 which can be located at www.foi.vic.gov.au.

For question (2)(d); copies of requests are provided to my office whenever the criteria outlined in the Attorney- General’s “Improved Accountability Guidelines for FOI” are met. QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1391

Transport: VicRoads — interstate travel

6190. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to interstate travel by VicRoads in 2004-05:

(1) How many trips were undertaken. (2) What were the destinations. (3) What was the purpose of each visit. (4) What costs were associated with the travel, including — (a) airfares; (b) car rental and hire cars, including the type of cars rented or hired; (c) taxis; (d) accommodation, including the name of the establishment and itemised costs; (e) entertainment, including its nature, the venue and itemised costs; and (f) other expenses.

(5) Did family members, associates, or guests accompany the traveller(s) on each trip; if so, at what cost. ANSWER:

1. A check of VicRoads’ records shows 347 trips were undertaken by VicRoads staff.

2. The destinations were:

a. Adelaide b. Albury c. Alice Springs d. Brisbane e. Cairns f. Canberra g. Darwin h. Gold Coast i. Hobart j. Launceston k. Maroochydore l. Mount Gambier m. Newcastle n. Perth o. Sydney p. Wellington NZ q. Auckland NZ r. Christchurch NZ

3. Refer to Table 1 for the purpose of each visit:

NUMBER OF TRIPS PURPOSE 170 Attendance at a conference, seminar, or forum 19 Completion of training or professional development 76 Attendance at National Meetings QUESTIONS ON NOTICE

1392 COUNCIL Thursday, 6 April 2006

NUMBER OF TRIPS PURPOSE 15 Meetings with other Government agencies 10 Meetings with contractors 3 Attendance at award presentations 42 Participation in committees, task forces or workshops 12 Attendance at Australian Standards meetings

Table 1: Interstate travel: Purposes

4. Costs associated with the travel:

a. Airfares: The cost was approximately: $201,000 (including GST and booking fees). This figure includes approximately $16,000 of travel associated with official participation in national meetings and activities convened and funded by Austroads.

4b, c, d, e, f. Information about car rental, hire cars, taxis, accommodation, entertainment costs and other expenses cannot be readily separated from that associated with overseas and local expenditure. An examination of the individual transactions and documents associated with each transaction would be needed to answer the question. This would involve an unreasonable diversion of VicRoads’ resources.

5. Family members and others may occasionally accompany VicRoads’ staff on travel of this nature. Any such travel is at no additional cost to the State.

Transport: Urban and Regional Land Corporation — capital works

6416. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to the Urban and Regional Land Corporation’s allocation of funds to major capital works, including major maintenance, replacement and upgrades, what were the priority major projects that were approved for the year 2004-05 and were each of these priority projects achieved.

ANSWER:

As at the date the question was raised, the answer is :

The Urban and Regional Land Corporation does not come under the responsibility of the Minister for Transport.

Transport: VicRoads — capital works

6417. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to VicRoads’ allocation of funds to major capital works, including major maintenance, replacement and upgrades, what were the priority major projects that were approved for the year 2004-05 and were each of these priority projects achieved.

ANSWER:

As at the date the question was raised, the answer is :

VicRoads were allocated and achieved the following in the area of the 2004-05 major capital works program:

– Major Maintenance Projects (>$100,000) – 86 projects worth $31.1 Million - 80 (93%) projects complete 6 (7%) continuing – Major Capital works (> $5 Million) QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1393

– These projects all have a delivery timeframe and budgets over more than 1 year – 22 projects worth $491.1 million – Major Bridge improvements ( > $100,000) – 18 projects worth $7.2 million - 18 (100%) projects complete

Attached is a list of the projects, their TEC, completion dates and estimated completion dates for projects: Thursday, 6 April 2006 COUNCIL 1394

ATTACHMENT LC6417 2004/2005 PROGRAM MAJOR MAINTENANCE PROJECTS (> $100,000) TEC Target Date Description ($000) Completion Completed Date 1 Beechworth-Chiltern Rd - Rehabilitation, (8642 sq.m.), 21.64 km - 23.13 km, Beechworth 100 21/04/2005 2 Old Dandenong Rd - Rehabilitation, (0 sq.m.), 1.24 km - 1.84 km, South of Bourke Road to Bunnys Lane 104 1/01/2005 3 Waverley Rd - Rehabilitation, (5520 sq.m.), 8.68 km - 9.14 km, Pinewood Drive to Lemon Street 106 30/03/2006 Midland Hwy - Rehabilitation, (2130 sq.m.), 117.95 km - 118.07 km, O'Brien Street in Maroopna 4 Townsgip 90 13/05/2005

5 Beechworth-Wodonga Rd - Rehabilitation, (10035 sq.m.), 6.071 km - 7.664 km, Wooragee 115 21/04/2005 QUESTIONS ONNOTICE 6 Duncans Rd - Rehabilitation, (5840 sq.m.), 3.4 km - 4.2 km, Between Diggers Rd and Hoppers lane 118 31/01/2005 7 St Kilda Rd – Rehabilitation, (3450 sq.m.), 1.673 km - 2.2 km, South of Toorak Rd to Armadale St 118 28/02/2005 8 Murray Valley Hwy - Rehabilitation, (4300 sq.m.), 6.31 km - 6.62 km, East of Whytes Road 90 31/03/2005 Ferntree Gully Rd - Pavement Rehabilitation, (1120 sq.m), 9.4km. to 10.5km, Lum Rd to Watsons Rd 9 (Westbound) 124 13/02/2005 10 Jamieson-Licola Rd – Road Maintenance, (26000 sq.m) Gravel Sheet, East of Silvermine Spur-Howqua Rd 126 30/10/2004 11 Flemington Rd - Rehabilitation, (4250 sq.m.), 0.7 km - 1.2 km, Harker St to Abbotsford St 129 31/01/2005 Midland Hwy - Rehabilitation, (2490 sq.m.), 121.74 km - 121.85 km, Shepparton - Goulburn Valley Hwy 12 to Welsford Street 125 13/05/2005 Lavers Hill-Cobden Rd - Rehabilitation, (7700 sq.m.), 31.508 km - 32.614 km, north of Kennedys Creek 13 bridge 123 30/04/2005 14 Benalla-Tocumwal Rd - Rehabilitation, (11200 sq.m.), 37.06 km - 38.8 km, 135 31/01/2005 15 Mooroopna-Murchison Rd - Rehabilitation, (6450 sq.m.), 0.04 km - 0.645 km, From Midland Hwy 135 13/05/2005 Princes Hwy East - Rehabilitation, (0 sq.m.), 43 km - 43 km, Princes Highway East twin bridges over 16 Gippsland Rail 136 1/04/2005 17 Madeira Packet Rd - Rehabilitation, (0 sq.m.), 3.93 km - 3.93 km, Alcoa Drive Tunnel, Portland 150 15/11/2004 18 Glenelg Hwy - Rehabilitation, (3600 sq.m.), 129.94 km - 130.27 km, West of Smythesdale 151 23/12/2004 19 Princes Hwy West - Rehabilitation, (6010 sq.m.), 79.61 km - 80.21 km, Between High St and Reynolds Rd 155 18/05/2005 20 Colac-Forrest Rd - Rehabilitation, (11368 sq.m.), 22.46 km - 24.42 km, South of Dividing Creek 158 10/02/2005 21 Wantirna-Sassafras Rd - Rehabilitation, (11200 sq.m.), 12.57 km - 13.81 km, Highmoor Ave to Sydney Rd 164 2/02/2005

ATTACHMENT LC6417 TEC Target Date Description ($000) Completion Completed Date 22 Great Alpine Rd - Roadside Treatments, (0 sq.m.), 124.12 km - 124.12 km, 165 13/05/2005 23 Millers Rd - Rehabilitation, (1600 sq.m.), 3 km - 3.9 km, NBC Mason St to Blackshaws Rd 174 20/02/2005 Lismore-Skipton Rd - Rehabilitation, (10560 sq.m.), 19.315 km – 22.611 km, between Grists Rd and 24 Leydens Lane 182 17/06/2005 25 Heatherton Rd - Rehabilitation, (0 sq.m.), 14.1 km - 14.1 km, Heatherton Rd Bridge over Dandenong Creek 185 8/04/2005 26 Shelley-Walwa Rd - Pavement Rehabilitation, (40,000 sq.m) Gravel Sheet 188 31/05/2005 27 Benalla-Tocumwal Rd - Rehabilitation, (16120 sq.m.), 42.5 km – 45.1 km, 144 31/01/2005 Princes Hwy West - Periodic Maintenance, (0 sq.m.), 69.7 km - 69.7 km, Latrobe Terrace Railway 28 Overpass 200 30/06/2005 Calder Hwy - Rehabilitation, (12900 sq.m.), 7.53 km - 8.39 km, Overnewton Rd Overpass to Bullnose at 29 Melton Hwy Offramp 220 1/05/2005 30 Doncaster-Mordialloc Rd - Rehabilitation, (9200 sq.m.), 0.05 km – 0.85 km, King St to George St 228 30/03/2006 31 Murray Valley Hwy - Rehabilitation, (5100 sq.m.), 26.65 km - 28.15 km, West of Chiltern Howlong Rd 358 30/04/2005 Nepean Hwy - Bridge Rehabilitation, at 2.7 km, Bridges over Princes Highway Outbound at St Kilda

QUESTIONS ON NOTICE NOTICE ON QUESTIONS 32 Junction. 361 20/05/2005 33 Mount Baw Baw Rd - Roadside Treatments, (0 sq.m.), 34.13 km - 34.14 km, 379 17/02/2005 Keilor Park Dr - Rehabilitation, (14000 sq.m.), 2.85 km - 4.25 km, North of Fullarton Rd to South of 34 Stadium Drive. 438 20/02/2005 35 Western Hwy - Rehabilitation, (0 sq.m.), 1.7 km - 2.4 km, Thompson St to Rosamond St 470 18/02/2005 36 Mornington-Dromana Rd - Rehabilitation, (0 sq.m.), 3.43 km - 5.52 km, Bentons Rd to Alice St 483 30/06/2005 Licola Rd - Bridge Rehabilitation, Two bridges over the Macalister River (35.8km) (Cheynes Bridge) & 37 56.2km @ Licola 745 22/11/2004 38 Ballarat-Carngham Rd - Rehabilitation, (23100 sq.m.), 1.58 km - 3.23 km, Sutton Street to Wiltshire Lane 630 5/05/2005 39 Swan St - Rehabilitation, (0 sq.m.), 0 km - 0 km, Yarra River 2,000 31/12/2006 40 Bonang Rd - Roadside Treatments, (0 sq.m.), 34.02 km - 43.62 km, 2,965 3/08/2005 41 Glenelg Hwy - Rehabilitation, (2986 sq.m.), 353.19 km - 353.45 km, near Casterton Hospital 102 12/01/2005 42 Lismore-Skipton Rd - Pavement Rehabilitation (5580 sq.m) 11.0km. to 11.9km, Hannah Rd - 8 mile lane 102 31/03/2005

Thursday, 6 April 2006 2006 April 6 Thursday, 43 Dartmoor-Hamilton Rd COUNCIL - Rehabilitation, (3100 sq.m.), 70.155 km - 70.647 1395 km, Jackson's Road 104 31/05/2005 Thursday, 6 April 2006 COUNCIL 1396

ATTACHMENT LC6417 TEC Target Date Description ($000) Completion Completed Date 44 Madeira Packet Rd - Rehabilitation, (3360 sq.m.), 6.25 km - 6.65 km, Starts 350m north of Orana Drive 113 28/02/2005 45 Bendigo-Pyramid Rd - Rehabilitation, (6300 sq.m.), 31.22 km - 32.12 km, North of Bendigo 114 18/02/2005 Mansfield-Woods Point Rd - Rehabilitation, (4500 sq.m.), 13.8 km - 14.5 km, Boorolite Rd - South 4km 46 "tearoom" 120 31/03/2005 47 Woolsthorpe-Heywood Rd - Pavement Rehabilitation (3726 sq.m) 26.9km. to 27.5km, Shaw River 133 31/05/2005 48 St Arnaud-Wycheproof Rd - Rehabilitation, (5705 sq.m.), 26.41 km - 27.249 km, South West of Charlton 124 10/06/2005 49 Gisborne-Kilmore Rd - Rehabilitation, (3600 sq.m.), 1.5 km - 1.8 km, VicRoads Directory, Page 60, B 9. 125 15/02/2005

50 Meeniyan-Promontory Rd - Rehabilitation, (2480 sq.m.), 17.62 km - 17.68 km, Fish Ck - Foster Ints 135 23/12/2004 QUESTIONS ONNOTICE 51 Daylesford Newstead Rd - Rehabilitation, (1980 sq.m), 10.7km – 11.0km, at Clydesdale 140 30/11/2004 52 Moe-Willowgrove Rd - Rehabilitation, (3400 sq.m.), 3.6 km - 4.1 km, Nth of Tanjil Sth Rd 147 29/04/2005 53 Bendigo-Redesdale Rd - Rehabilitation, (8300 sq.m.), 42.86 km - 43.77 km, 150 30/06/2005 54 Bendigo-Maryborough Rd - Rehabilitation, (10360 sq.m.), 17.71 km - 19.11 km, West of Bendigo 156 30/06/2005 55 Dartmoor-Hamilton Rd - Rehabilitation, 5167 sq.m.), 42.217 km - 53.23 km, 2 sites west of Hamilton 56 17/12/2004 56 Mortlake-Ararat Rd - Rehabilitation, (6542 sq.m.), 47.84 km - 48.75 km, South of Norbank Road 143 17/07/2004 57 Great Ocean Rd - Rehabilitation, (4900 sq.m.), 324.35 km - 325.07 km, West of Bartons Rd 190 30/06/2005 Heathcote-Kyneton Rd - Rehabilitation, (8160 sq.m.), 42.5 km - 43.7 km, VicRoads Directory, Page 59, J 58 5. 192 30/06/2005 59 Glenelg Hwy - Rehabilitation, 9505 sq.m.), 145 km - 154.1 km, 2 sites West of Linton 163 13/01/2005 60 Colac-Ballarat Rd - Rehabilitation, (5940 sq.m.), 10.026 km - 10.928 km, North of Alisons Rd 203 30/03/2005 61 Moe-Willowgrove Rd - Rehabilitation, (4760 sq.m.), 4.4 km - 5.1 km, Nth of Knights Rd 208 29/04/2005 62 Murray Valley Hwy - Rehabilitation, (6640 sq.m.), 162.6 km - 163.43 km, Picola North Road 262 30/04/2005 63 Bacchus Marsh Rd - Rehabilitation, (9600 sq.m.), 1 km - 2.5 km, 2 sites at Bacchus Marsh. 240 27/01/2005 64 Loddon Valley Hwy - Rehabilitation, (10287 sq.m.), 9.17 km - 10.63 km, VicRoads Directory, 280 A3 251 11/02/2005 65 Rokewood-Skipton Rd - Rehabilitation, (7480 sq.m.), 17.761 km - 24.8 km, 2 sites West of Pitfield 258 30/03/2005 66 Princes Hwy West - Roadside Treatments, (0 sq.m.), 225 km - 225.7 km, Garvoc Rail Overpass 270 15/03/2006 Midland Hwy - Rehabilitation, 120.87 km - 120.87 km, Mooroopna Causeway, Dainton's bridge over 67 Goulburn River 325 30/06/2005 68 Hamilton Hwy - Rehabilitation, (8843 sq.m.), 87.47 km - 89.57 km, 2 sites East of Lismore 326 20/02/2005

ATTACHMENT LC6417 TEC Target Date Description ($000) Completion Completed Date 69 Hopkins Hwy - Rehabilitation, (9194 sq.m.), 24.8 km - 26.08 km, South of Ballangeich 87 14/02/2005 70 Timboon-Nullawarre Rd - Rehabilitation, (10560 sq.m.), 15.93 km - 22.04 km, 2 sites near Nullawarre 357 18/02/2005 71 Mcivor Hwy - Rehabilitation, (16059 sq.m.), 144.61 km - 148.1 km, 3 sites near Junortoun 389 30/06/2005 72 Hamilton Hwy - Rehabilitation, (9450 sq.m.), 111.16 km - 122.3 km, 3 sites West of Derrinallum 396 4/02/2005 73 Winchelsea-Deans Marsh Rd - , (17690 sq.m.), 0.2 km - 3.1 km, Near Dwyer Street to near Ingleby Road 401 30/04/2005 Great Ocean Rd - Rehabilitation, (11223 sq.m.), 183.87 km - 185.16 km, Wild Dog Creek to west of 74 Marriner's Lookout Rd 426 24/04/2005 75 Surfcoast Hwy - Rehabilitation, (18300 sq.m.), 4.97 km - 6.4 km, at 2 sites Grovedale 390 23/05/2005 76 Midland Hwy - Rehabilitation, (17716 sq.m.), 55.46 km - 58.15 km, 2 sites North of Mansfield Township 378 28/02/2005 77 Northern Hwy - Rehabilitation, (0 sq.m.), 82.1 km - 82.1 km, Mollison Creek, Pyalong 491 8/07/2005 78 Sunraysia Hwy - Rehabilitation, (23614 sq.m.), 285.752 km - 295.25 km, near Donald 492 6/12/2004 79 Great Alpine Rd - Roadside Treatments, (0 sq.m.), 244.25 km – 244.25 km, Battle Point 446 11/03/2005 80 Geelong-Ballan Rd - Rehabilitation, (15470 sq.m.), 41.0 km to 50.2 km, 3 sites near Beremboke 515 28/02/2006 81 Great Ocean Rd - Rehabilitation, (25857 sq.m.), 142.8 km - 146 km, 2 sites West of Lorne 450 17/02/2005 QUESTIONS ON NOTICE NOTICE ON QUESTIONS 82 South Gippsland Hwy - Rehabilitation, (15120 sq.m.), 225.84 km - 233.9 km, East of Yarram 678 2/02/2005 83 Shelford-Bannockburn Rd - Rehabilitation, (17320 sq.m.), 11.933 km - 17.35 km, West of Masons Rd 671 30/04/2005 84 Bendigo-Murchison Rd - Rehabilitation, (0 sq.m.), 62.35 km - 62.35 km, Murchison East 1,565 30/06/2006 Wangaratta-Whitfield Rd - Pavement Rehabilitation, (44160 sq.m.), 29.5 km - 34.1km, 3 sites near 85 Claremont 2,010 5/05/2005 Maroondah Hwy - Roadside Treatments, (0 sq.m.), 75.72 km - 77.4 km, batter stabilisation at 5 sites Dom 86 Dom Saddle 2,926 25/05/2005 $31,087

Thursday, 6 April 2006 2006 April 6 Thursday, COUNCIL 1397 Thursday, 6 April 2006 COUNCIL 1398

ATTACHMENT LC6417 Capital Projects 2004-2005 (> $5 million) Target TEC Date Completion Description ($000) Completed Date 1 Geelong Western Bypass - Stage 1 Construction - Stage 2 & 3 Planning 190,000 End 2008 2 Murray Valley Hwy - Bandiana Link Section (0.0km. to 0.0km.) - Road Construction 5,800 Mid 2007 3 Berwick-Cranbourne Rd (3.2km. to 4.9km.) - Carriageway Duplication - Greaves Rd to Pound Rd 8,900 Mid 06 4 Cheltenham Road, Third Lane Widening - Springvale Road to Chandler Road 10,100 Mid 2007 Cranbourne-Frankston Rd (8.0km. to 10.2km.) - Carriageway Duplication - Cranbourne-Frankston Road 5 From Warrandyte Road to Centre Road, Langwarrin 15,900 6 Hallam Rd (6.9km. to 8.0km.) - Carriageway Duplication - Hallam Bypass to James Cook Drive 9,900 Early 2007 7 Mickleham Road, Duplication - Alanbrae Terrace to Barrymore Road 9,100 Mid 2007 QUESTIONS ONNOTICE 8 Palmers Rd (0.0km. to 1.8km.) - Road Construction - Dunnings Rd to Princes Freeway 22,600 End 2007 9 Plenty Road (3.6km. to 5.3km.) - Carriageway Duplication - Centenary Dv to north of Bethany Crt 14,000 End 2007 10 Somerton Rd (0.0km. to 1.7km.) - Carriageway Duplication – Somerton 26,200 End 2006 Taylors Road (15.2km. to 15.8km.) - Bypass/New Road - Grade Separation, Sydenham Rd to East 11 Esplanade Keilor Downs 30,000 Mid 2008 12 Thompsons Road - Road widening - Manningham to Foote Street, Templestowe 12,000 Mid 2007 13 Bass Hwy Sec 1 (92.1km. to 96.4km.) - Carriageway Duplication - The Gurdies to Grantville - Stage 4 15,000 Late 2006 14 Midland Hwy Sec 4 (118.1km - 121.0km) - Road Widening – Mooroopna 8,500 Mid 2006 Princes Hwy East (Via Bruthen) (45.9km. to 53.8km.) - Road Realignment - Buchan Road to Princes 15 Highway (incl. Deviation of Nowa Nowa Township) - Development of Bruthen route 18,300 Mid 2007 16 South Gippsland Hwy Sec 3 (102.3km. to 110.9km.) – Road Realignment - Loch to Bena Re-alignment 33,600 Mid 2007 17 Wellington Rd (1.0km to 2.9km.) - Taylors Lane to Napoleon Road – Carriageway duplication 9,300 Mid 2006 18 Canterbury Rd (19.5km. To 21.2km) - Baysway Rd to Dorset Rd - Duplication and widening 11,000 Late 2006 19 Plummer Street - Port Melbourne - Extension (New Link)/Widening 19,200 End 2007 20 Cook St/Todd Rd, Fishermans Bend - Intersection Improvements and Signalisation 7,000 Early 2006 21 Dynon Rd: Dock Link Rd to Gat St - Pavement strengthening and signals at Gate St 6,500 Mid 2007 22 Nepean Highway Bridge over Mordialloc Creek - Widen and strengthen bridge 8,200 Mid 2008 $491,100

ATTACHMENT LC6417

2004/05 Bridgeworks (> $100,000)

Target TEC Date Completion Description ($000) Completed Date 1 Ararat-St Arnaud Rd (22.6km. to 22.6km.) - Bridge Strengthening - Landsborough 189 14/06/2005 2 Bendigo-Redesdale Rd (44.2km. to 44.2km.) - Bridge Strengthening - 269 17/06/2005 3 Calder Highway (155.6km to 155.6km) - Bridge Strengthening - Maiden Gully 296 8/12/2004 4 Dargo Rd (76.3km. to 76.5km.) - Bridge Replacement – Orrs Creek - Bridge No 2 (SN 3746) 780 28/06/2005 5 Geelong-Bacchus Marsh Rd (45.9km. to 0.0km.) - Bridge Strengthening - Parwan Creek 346 22/06/2005 6 Gelantipy Rd Sec 1 (16.5km. to 16.6km.) - Bridge Strengthening - Murrindal River SN5682 415 18/02/2005 7 Gelantipy Rd Sec 1 (19.4km. to 19.6km.) - Bridge Strengthening - W Tree Creek - SN5683 360 18/02/2005 8 Great Alpine Rd Sec 3 (274.6km. to 274.7km.) - Bridge Strengthening - Monkey Creek SN3052 415 7/07/2005 Maffra-Rosedale Rd (2.2km. to 2.3km.) - Bridge Strengthening - Thomson River Floodplain No. 1 (SN 9 5586) 662 22/07/2005 Maffra-Rosedale Rd (2.4km. to 2.5km.) - Bridge Strengthening - Thomson River Floodplain No. 2 bridge 10 (SN5588) 416 22/07/2005 11 Meeniyan-Promontory Rd (2.7km. to 2.9km.) - Bridge Strengthening - Stony Creek bridge 390 1/04/2005

QUESTIONS ON NOTICE NOTICE ON QUESTIONS 12 Meeniyan-Promontory Rd (2.8km. to 3.0km.) - Bridge Strengthening - Stony Creek Floodplain bridge 355 1/04/2005 13 Monaro Hwy (35.9km. to 35.9km.) - Bridge Strengthening - Flat Rock Creek SN3590 420 14/04/2005 14 Pyrenees Highway (5.8km to 5.8km) - Bridge Replacement - Un-named Watercourse 102 9/02/2005 15 South Gippsland Hwy Sec 3 (136.1km. to 136.1km.) - Bridge Strengthening - Little Ruby Creek 750 25/06/2005 16 Strzelecki Hwy (26.1km. to 26.3km.) - Bridge Strengthening - Little Morwell River SN5867 560 25/06/2005 17 Sunraysia Hwy Sec 2 (255.2km. to 0.0km.) - Bridge Rehabilitation - O'Shannessy's Creek 341 14/06/2005 18 Wahgunyah-Wangaratta Rd (8.7km to 8.7km) - Bridge Strengthening - Deck Overlay - Black Dog Creek 150 30/06/2005 $7,216 Thursday, 6 April 2006 2006 April 6 Thursday, COUNCIL 1399 QUESTIONS ON NOTICE

1400 COUNCIL Thursday, 6 April 2006

Transport: minister’s office — mobile telephones

6651. THE HON. RICHARD DALLA-RIVA— To ask the Minister for Local Government (for the Minister for Transport): What was the cost of providing mobile telephone services to the Minister’s staff for 2004-05.

ANSWER:

As at the date the question was raised, the answer is:

The cost of providing mobile telephone services to the Minister’s staff for 2004-05 is $6, 715.72

Transport: Infrastructure — mobile telephones

6792. THE HON. RICHARD DALLA-RIVA— To ask the Minister for Local Government (for the Minister Transport): What was the cost of providing mobile telephone services to the Department of Infrastructure’s staff for 2004-05.

ANSWER:

As at the date the question was raised, the answer is :

The cost of providing mobile telephone services to the Department of Infrastructure’s staff for 2004-05 is $221, 302.09

Transport: Urban and Regional Land Corporation — overseas travel

6817. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to overseas travel by the Urban and Regional Land Corporation for 2004-05:

(1) How many trips were undertaken. (2) What were the destinations. (3) What was the purpose of each visit. (4) What costs were associated with the travel, including — (a) airfares; (b) car rental and hire cars, including the type of cars rented or hired; (c) taxis; (d) accommodation, including the name of the establishment and itemised costs; (e) entertainment, including its nature, the venue and itemised costs; and (f) other expenses.

(5) Did family members, associates, or guests accompany the traveller(s) on each trip; if so, at what cost. ANSWER:

As at the date the question was raised, the answer is :

The Urban and Regional Land Corporation does not come under the responsibility of the Minister for Transport. QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1401

Transport: VicRoads — overseas travel

6818. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): In relation to overseas travel by VicRoads for 2004-05:

(1) How many trips were undertaken. (2) What were the destinations. (3) What was the purpose of each visit. (4) What costs were associated with the travel, including — (a) airfares; (b) car rental and hire cars, including the type of cars rented or hired; (c) taxis; (d) accommodation, including the name of the establishment and itemised costs; (e) entertainment, including its nature, the venue and itemised costs; and (f) other expenses.

(5) Did family members, associates, or guests accompany the traveller(s) on each trip; if so, at what cost. ANSWER:

The answer is:

1. A check of VicRoads records shows that 42 trips were undertaken by VicRoads staff.

2. The destinations are outlined in Table 1.

3. The purpose of each visit is outlined in Table 1.

DATE OF TRAVEL DESTINATION PURPOSE July 2004 Europe and USA Study Tour as part of the Kerry Burke Scholarship August 2004 India To undertake contract negotiations for the Rajasthan Road Safety Audit Project NB. Two VicRoads staff members attended August 2004 India To provide driver training and testing specialist advice on the Kerala Road Safety Action Plan August 2004 United Kingdom To attend the 17th International Conference on Alcohol, Drugs and Traffic Safety August 2004 India To provide specialist advice on the Kerala Road Safety Action Plan with road safety management September 2004 France To attend the World Road Association (PIARC) October 2004 United Kingdom To represent VicRoads at the “Opportunities Austral Exp” in London to identify and employ experienced Engineers October 2004 China and Belgium To attend the International Standards Organisation (ISO) technical committee in Beijing and the World Road Association (PIARC) Urban Areas and Integrated Urban Transport Committee in Brussels. QUESTIONS ON NOTICE

1402 COUNCIL Thursday, 6 April 2006

DATE OF TRAVEL DESTINATION PURPOSE October 2004 Japan To attend the ITS World Congress Conference in Nagoya NB. Two VicRoads staff members attended October 2004 India To provide assistance on the Mizoram Institutional Strengthening Project with the development of road maintenance and construction practices October 2004 Samoa/Philippines To attend a conference for the Transport and Infrastructure Sector Report and Strengthening Services Project and meeting with the Asian Development Bank in the Philippines October 2004 India To provide specialist advice on the Mizoram Institutional Strengthening Project November 2004 India To provide media and communications specialist advice on the Mizoram Institutional Strengthening Project November 2004 India To provide specialist advice on the Kerala Road Safety Action Plan with the development of road safety research and legislation November 2004 India To provide specialist advice on the Kerala Road Safety Action Plan with the development of vehicle fitness November 2004 India To assist on the Kerala Road Safety Action Plan with the development of a Road User Handbook November 2004 India To provide specialist advice on the Kerala Road Safety Action Plan with the development of driver training and testing January 2005 USA To lead discussion at the Transportation Research Board Executive Committee policy session on road safety January 2005 USA To attend the World Road Association (PIARC) committee meeting on Road/Vehicle Interaction and the 84th Transportation Research Board Annual Meeting January 2005 United Kingdom To attend a working demonstration of Remedy-Citizen software to assess the potential of an ETS software product. January 2005 USA To attend the Lotusphere Conference February 2005 India To provide specialist advice on the Mizoram Institutional Strengthening Project with the development of road safety February 2005 India To provide specialist advice on road safety publicity events for the Kerala Road Safety Action Plan Project March 2005 India To undertake contract negotiations for the Rajasthan Road Safety Audit Project QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1403

DATE OF TRAVEL DESTINATION PURPOSE March 2005 Europe To chair the OECD/ECMT Joint Transport Research Committee Working Group March 2005 Chile To attend the World Road Association (PIARC) Executive & council meetings April 2005 India To provide driver training and testing specialist advice on the Kerala Road Safety Action Plan April 2005 India To assist on the Kerala Road Safety Action Plan with the development of driver training procedures April 2005 UK/Europe/Dubai To attend the Traffex Exhibition and Conference in London. Site visit also undertaken to Paris and Dubai April 2005 Europe To attend a meeting at the Technical University of Crete and to attend the World Road Association (PIARC) Urban Areas and Integrated Urban Transport Committee meeting in Romania June 2005 USA To attend the 19th International Technical Conference on Enhanced Vehicle Safety and International Meeting of the New Car Assessment Program June 2005 Asia To attend the Road Engineering Association of Asia and Australasia (REAAA) Governing Council meeting in Bangkok June 2005 USA and UK To attend the 3rd International Symposium on Highway Geometric Design and to evaluate current methods of managing traffic through heavily congested construction sites with the UK Highways Department June 2005 Asia, Europe and USA Study Tour as part of the Kerry Burke Scholarship June 2005 India To establish a project office in New Delhi for the Rajasthan Road Safety Audit Project June 2005 India Consulting services for the Road Safety Audit Project in Rajasthan NB. Two VicRoads staff attended. June 2005 Fiji To attend a business development conference, “Fiji Forward 2005” June 2005 India To assist on the Uttar Pradesh Road Safety Sectors Project with the development of Road Safety Audit and Blackspot investigation NB. Two VicRoads staff attended.

Table 1: Overseas Travel

4. Costs associated with the travel:

a. Airfares: The cost was approximately $165,000 (excluding GST and including booking fees) QUESTIONS ON NOTICE

1404 COUNCIL Thursday, 6 April 2006

These figures include: – Approximately $29,000 for airfares associated with International Commercial contracts where the costs are recovered from external commercial agreements. – One trip to the USA in January 2005 was funded by the Transportation Research Board, Washington DC, where VicRoads’ Chief Executive was a guest speaker at its 84th Annual Meeting.

4b,c,d,e,f Information about car rental, hire cars, taxis, accommodation, entertainment costs and other expenses cannot be readily separated from that associated with interstate and local expenditure. An examination of the individual transactions and documents associated with each transaction would be needed to answer the question. This would involve an unreasonable diversion of VicRoads’ resources.

5. Family members and others may occasionally accompany VicRoads’ staff on travel of this nature. Any such travel is at no additional cost to the State.

Transport: Infrastructure — freedom of information requests

7278. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Local Government (for the Minister for Transport): How many Freedom of Information requests received by the Department of Infrastructure in 2004-05 were given to the Minister’s advisors or staff before being given to the applicant.

ANSWER:

As at the date the question was raised, the answer is:

This question has been answered as part of 2(d) of Question on Notice 6075.

Transport: Infrastructure — staff numbers

7376. THE HON. BILL FORWOOD —To ask the Minister for Local Government (for the Minister for Transport): Of the numbers of persons on the Department of Infrastructure payroll, as shown at page 175 of the Department’s 2004-05 Annual Report, and the corresponding pages of the Department’s 2002-03 and 2003-04 Annual Reports, how many persons in each of those years worked in each of the sections, divisions or other organisational units of the Department or its associated entities.

ANSWER:

As at the date the question was raised, the answer is :

Dept. Infrastructure Staff numbers by Division

Division/Section 30/06/03 30/06/04 30/06/05 Capital 140 161 192 Corporate Resources 138 157 173 Energy & Security 18 21 33 Freight, Logistics & Marine 84 63 72 Multimedia Victoria 88 89 105 Planning & Policy 46 47 55 Public Transport 204 239 276 Public Transport Safety 25 29 37 Secretary 5 10 * 10 *

* New Audit & Assurance Branch. QUESTIONS ON NOTICE

Thursday, 6 April 2006 COUNCIL 1405

Transport: rail — Frankston line rubbish clearance

7439. THE HON. ANDREA COOTE — To ask the Minister for Local Government (for the Minister for Transport): In relation to rubbish clearance along the Frankston line proximate to Gilford Road in Cheltenham:

(1) What is the maintenance schedule for the clearance of rubbish in the lane alongside the tracks. (2) What provision is there for the collection of additional rubbish, eg. shredded litter and pillows, which have not been collected through the use of heavier clearing machinery. (3) What program is in place to improve the level of appearance and presentation alongside the railway tracks in the Cheltenham area. ANSWER:

As at the date the question was raised, the answer is:

The same Question on Notice was also asked in the Legislative Assembly and has been responded to.

1406 COUNCIL

MEMBERS INDEX

4, 5 and 6 April 2006 COUNCIL i

BRIDESON, Hon. Andrew (Waverley) MEMBERS INDEX Bills Education and Training Reform Bill, 1335 ARGONDIZZO, Ms (Templestowe) BROAD, Ms (Melbourne North) (Minister for Local Government Members statements and Minister for Housing) Schools: technical education centres, 1317 Bills Questions without notice Drugs, Poisons and Controlled Substances (Volatile Substances) Home and community care program: funding, 1179 (Extension of Provisions) Bill, 1281 Road Safety (Drugs) Bill, 1376 Sustainable Forests (Timber) (Amendment) Bill, 1281 ATKINSON, Hon. B. N. (Koonung) Questions without notice Adjournment Greater Geelong: inquiry, 1260, 1261 Whitehorse: indoor sports facility, 1312 Housing Members statements affordability, 1181 Easter trading: Melbourne, 1316 homelessness, 1259 Southern Rocycling: management practices, 1224 Libraries: funding, 1360

Questions without notice BUCKINGHAM, Hon. H. E. (Koonung) WorkCover: claims management, 1351, 1352 Adjournment BAXTER, Hon. W. R. (North Eastern) Box Hill: town hall redevelopment, 1378

Adjournment Bills Barmah State Forest: flooding, 1220 Education and Training Reform Bill, 1363 Public Sector Employment (Award Entitlements) Bill, 1273 Bills Members statements Interpretation of Legislation (Further Amendment) Bill, 1208 Public Sector Employment (Award Entitlements) Bill, 1265 Governor John Landy, 1316 Planning: Burwood development, 1315 Members statements Scoresby Football Club, 1183 The Nationals: 90th anniversary, 1225 Questions without notice Questions without notice Medical research: Healthy Futures, 1174 Government: financial reporting, 1353, 1354 Olympic Park: rectangular sports stadium, 1355

Statements on reports and papers Rulings, 1268 Sustainability and Environment: code of practice for fire management on public land, 1324 Statements on reports and papers Victorian Institute of Sport: report 2004–05, 1321

BISHOP, Hon. B. W. (North Western) CARBINES, Ms (Geelong) Adjournment Rail: gauge standardisation, 1311 Bills Education and Training Reform Bill, 1367 Hazardous waste: Nowingi, 1236 Commonwealth Games: achievements, 1211 Members statements Hazardous waste: Nowingi, 1186 Hazardous waste: Nowingi, 1232

Questions without notice Members statements Hazardous waste: Nowingi, 1176 Deakin University: medical school, 1223 MEMBERS INDEX ii COUNCIL 4, 5 and 6 April 2006

Lake Modewarre: fish health, 1316 Bills

Questions without notice Drugs, Poisons and Controlled Substances (Volatile Substances) (Extension of Provisions) Bill, 1277 Information and communications technology: purchasing strategy, 1259 Commonwealth Games Volunteers, 1315

COOTE, Hon. Andrea (Monash) Hazardous waste: Nowingi, 1227, 1251

Adjournment Members statements Planning: Beacon Cove development, 1217 Neighbourhood houses: funding, 1317

Bills Points of order, 1246, 1276, 1357 Disability Bill, 1301 Statements on reports and papers Members statements Sustainability and Environment: report 2004–05, 1320 Child care: regulation, 1181

Questions without notice DAVIS, Hon. Philip (Gippsland) Housing: homelessness, 1259 Adjournment Statements on reports and papers Gas: rural and regional Victoria, 1312 Library Board of Victoria: report 2004-05, 1319 Members statements Wind energy: Bald Hills, 1315 DALLA-RIVA, Hon. Richard (East Yarra) Points of order, 1359, 1360, 1361 Adjournment Questions without notice Police: Ballarat cells, 1217 Minerals and petroleum: exploration, 1173, 1255, 1256 Bills Wind energy: code of practice, 1253, 1254 Disability Bill, 1308 Public Sector Employment (Award Entitlements) Bill, 1262 DEPUTY PRESIDENT and CHAIR OF COMMITTEES, The Hazardous waste: Nowingi, 1245 (Ms Romanes)

Members statements Rulings, 1308 Legislative Council: reform, 1316

Points of order, 1275 DRUM, Hon. D. K. (North Western)

Questions without notice Adjournment Commonwealth Games: merchandise, 1177 Schweppes Centre, Bendigo: chief executive officer, 1217

Bills DARVENIZA, Hon. Kaye (Melbourne West) Disability Bill, 1293 Drugs, Poisons and Controlled Substances (Volatile Substances) Bills (Extension of Provisions) Bill, 1278 Drugs, Poisons and Controlled Substances (Volatile Substances) (Extension of Provisions) Bill, 1279 Hazardous waste: Nowingi, 1247

Members statements Members statements Shepparton: Albanian community, 1225 Youth: Rodney electorate, 1224

Petitions DAVIS, Hon. D. McL. (East Yarra) Liquor: Bendigo licence, 1186

Adjournment Points of order, 1284 Wind energy: Bald Hills, 1378 MEMBERS INDEX

4, 5 and 6 April 2006 COUNCIL iii

EREN, Hon. J. H. (Geelong) HALL, Hon. P. R. (Gippsland)

Adjournment Adjournment Greater Geelong: swimming pool upgrades, 1312 East Gippsland: firewood collection, 1221

Bills Bills Public Sector Employment (Award Entitlements) Bill, 1274 Disability Bill, 1304 Education and Training Reform Bill, 1342 Members statements Geelong Football Club: achievements, 1185 Members statements Mawarra Hereford Stud, 1184 Points of order, 1276 Points of order, 1282 Questions without notice WorkCover: Comcare, 1256 Questions without notice Biofuel: government vehicles, 1257, 1258

FORWOOD, Hon. Bill (Templestowe) HILTON, Hon. J. G. (Western Port) Adjournment Drawn on the Issues pamphlet, 1218 Adjournment Olympic Park: rectangular sports stadium, 1376 Bills Disability Bill, 1284 Members statements Public Sector Employment (Award Entitlements) Bill, 1271 David Hicks, 1226 Industrial relations: WorkChoices, 1184 Members statements Wind energy: Bald Hills, 1318 Governor John Landy, 1184 Questions without notice Points of order, 1219, 1222, 1267, 1281, 1283 WorkCover: WorkChoices, 1254

Rulings, 1245, 1246, 1252 HADDEN, Ms (Ballarat) Statements on reports and papers Adjournment Port Phillip and Westernport Catchment Management Authority: Rural Ambulance Victoria: administration, 1379 report 2004–05, 1320

Bills Education and Training Reform Bill, 1371, 1373 HIRSH, Hon. C. D. (Silvan)

Hazardous waste: Nowingi, 1248 Adjournment Planning: Knox venue, 1377 Members statements Ballarat: mayor, 1226 Bills Disability Bill, 1306 Petitions Water: fluoridation, 1223 Hazardous waste: Nowingi, 1241

Points of order, 1356 Members statements Commonwealth Games: merchandise, 1226 Questions without notice Gas: Creswick supply, 1356, 1357 Questions without notice Gas: rebate scheme, 1261 Rulings, 1275, 1276 MEMBERS INDEX iv COUNCIL 4, 5 and 6 April 2006

JENNINGS, Mr Gavin (Melbourne) (Minister for Aged Care and WorkCover Minister for Aboriginal Affairs) claims management, 1351, 1352 Comcare, 1256 Bills WorkChoices, 1254 Disability Bill, 1189 Drugs, Poisons and Controlled Substances (Aged Care Services) Bill, 1223, 1330 LOVELL, Hon. W. A. (North Eastern) Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of Cocaine Kits) Bill, 1277, 1329 Adjournment Drugs, Poisons and Controlled Substances (Volatile Substances) Seymour Pump Shop: business name, 1220 (Extension of Provisions) Bill, 1188 Education and Training Reform Bill, 1201 Bills Interpretation of Legislation (Further Amendment) Bill, 1210 Disability Bill, 1333 Land (St Kilda Triangle) Bill, 1327 Education and Training Reform Bill, 1369 Public Sector Employment (Award Entitlements) Bill, 1186, 1277 Hazardous waste: Nowingi, 1242 Sustainable Forests (Timber) (Amendment) Bill, 1328

Questions without notice Members statements Home and community care program SPC Ardmona: Operation Share a Can, 1183 funding, 1179 Victorian Government Purchasing Board: seminars, 1223 multicultural communities, 1258 MADDEN, Hon. J. M. (Doutta Galla) (Minister for Sport and Recreation and Minister for Commonwealth Games) KOCH, Hon. David (Western) Adjournment Adjournment Responses, 1379 Ararat: gasworks site, 1219, 1221 Bills Bills Valuation of Land (Amendment) Bill, 1376 Education and Training Reform Bill, 1365 Commonwealth Games: achievements, 1215 Members statements Mocka’s gym, Coleraine, 1183 Questions without notice

Personal explanation, 1363 Aboriginals: Kings Domain, 1349, 1350 Commonwealth Games benefits, 1174, 1175 LENDERS, Mr (Waverley) (Minister for Finance, Minister for Melbourne Sports and Aquatic Centre, 1175 Major Projects and Minister for WorkCover and the TAC) merchandise, 1177, 1178 Olympic Park: rectangular sports stadium, 1355 Adjournment Responses, 1313 MIKAKOS, Ms (Jika Jika) Bills Land (St Kilda Triangle) Bill, 1310 Bills Interpretation of Legislation (Further Amendment) Bill, 1210 Naming and suspension of member, 1362 Members statements Questions on notice Industrial relations: WorkChoices, 1319 Answers, 1181, 1261, 1363 Second World War: 60th anniversary, 1182 Questions without notice

Biofuel: government vehicles, 1257, 1258 MITCHELL, Hon. R. G. (Central Highlands) Government: financial reporting, 1353, 1354 Hazardous waste: Nowingi, 1176 Questions without notice Olympic Park: rectangular sports stadium, 1353 Gas: Creswick supply, 1178 Q fever: vaccine, 1180 MEMBERS INDEX

4, 5 and 6 April 2006 COUNCIL v

NGUYEN, Hon. S. M. (Melbourne West) Statements on reports and papers Innovation, Industry and Regional Development: report 2004–05, Questions without notice 1325 Housing: affordability, 1181

ROMANES, Ms (Melbourne) (See also DEPUTY PRESIDENT OLEXANDER, Hon. A. P. (Silvan) and CHAIR OF COMMITTEES, The)

Points of order, 1360, 1362 Bills Education and Training Reform Bill, 1374 Questions without notice Commonwealth Games: achievements, 1213 Minerals and petroleum: exploration, 1358, 1359 Members statements PRESIDENT, The (Hon. M. M. Gould) Melbourne Mobility Centre, 1224 Solar energy: West Brunswick, 1185 Adjournment Petitions Responses, 1222 Schools: public education, 1315 Business of the house Questions without notice Division list, 1281 Home and community care program: multicultural communities, Naming and suspension of member, 1362 1258

Rulings, 1219, 1222, 1281, 1284, 1293, 1356, 1357, 1359, 1360, Statements on reports and papers 1361, 1362 Ombudsman: investigation into parking infringement notices issued by Melbourne City Council, 1323 Suspension of member, 1359, 1363

SCHEFFER, Mr (Monash) PULLEN, Mr (Higinbotham) Bills Members statements Disability Bill, 1298 Eight-Hour Day: 150th anniversary, 1182 Public Sector Employment (Award Entitlements) Bill, 1269 Youth: football spectators, 1318 Members statements Petitions Jewish Museum of Australia: Dreyfus exhibition, 1184 Haileybury College: access, 1223 Questions without notice Questions without notice Consumer affairs: warnings, 1357 Libraries: funding, 1360

SMITH, Mr (Chelsea) RICH-PHILLIPS, Hon. G. K. (Eumemmerring) Points of order, 1362 Adjournment Buses: NightRider service, 1311 Questions without notice Wind energy: Bald Hills, 1350 Members statements Commonwealth Games: benefits, 1318 SOMYUREK, Mr (Eumemmerring) Points of order, 1358 Hazardous waste: Nowingi, 1244 Questions without notice Aboriginals: Kings Domain, 1349, 1350 Members statements Commonwealth Games: benefits, 1174, 1175 Mental health: funding, 1317

Points of order, 1245, 1246 MEMBERS INDEX vi COUNCIL 4, 5 and 6 April 2006

Questions without notice THOMSON, Hon. M. R. (Melbourne North) (Minister for Consumer Affairs and Minister for Information and Commonwealth Games: Melbourne Sports and Aquatic Centre, Communication Technology) 1175

Statements on reports and papers Questions without notice Victorian Institute of Sport: report 2004–05, 1325 Consumer affairs: warnings, 1357 Information and communications technology: purchasing strategy, 1260 STONEY, Hon. E. G. (Central Highlands) Medical research: Healthy Futures, 1174

Adjournment VINEY, Mr (Chelsea) Mount Hotham: Wire Plain Hut, 1377 Q fever: vaccine, 1220 Bills Members statements Disability Bill, 1310, 1332 Bushfires: fuel reduction, 1185 Public Sector Employment (Award Entitlements) Bill, 1267

Questions without notice Members statements Q fever: vaccine, 1180 Medical research: Healthy Futures, 1226 Points of order, 1282, 1308 STRONG, Hon. C. A. (Higinbotham) Questions without notice Bills Olympic Park: rectangular sports stadium, 1352 Interpretation of Legislation (Further Amendment) Bill, 1207

Commonwealth Games: achievements, 1213 VOGELS, Hon. J. A. (Western)

Members statements Adjournment Cycling: helmets, 1318 Local government: delegation powers, 1376 Lorne Community Association: building grant, 1310 Statements on reports and papers Budget sector: mid-year financial report 2005–06, 1322 Members statements Local government: vacancies, 1182

THEOPHANOUS, Hon. T. C. (Jika Jika) (Minister for Energy Questions without notice Industries and Minister for Resources) Greater Geelong: inquiry, 1260, 1261

Adjournment Statements on reports and papers Responses, 1221 Ombudsman: investigation into parking infringement notices issued by Melbourne City Council, 1326 Members statements Commonwealth Games: Cypriot athletes, 1225

Points of order, 1218, 1252, 1356, 1358, 1361

Questions without notice Gas Creswick supply, 1178, 1356, 1357 rebate scheme, 1261 Minerals and petroleum: exploration, 1173, 1255, 1256, 1358, 1359 Wind energy Bald Hills, 1350 code of practice, 1253, 1254