ISSN 1322-0330

RECORD OF PROCEEDINGS

Hansard Home Page: http://www.parliament.qld.gov.au/hansard/ E-mail: [email protected] Phone: (07) 3406 7314 Fax: (07) 3210 0182

Subject FIRST SESSION OF THE FIFTY-SECOND PARLIAMENT Page Wednesday, 16 April 2008

PETITIONS ...... 1023 TABLED PAPERS ...... 1023 MINISTERIAL STATEMENTS ...... 1023 Member for Fitzroy, Personal Leave ...... 1023 ABSENCE OF MEMBER ...... 1024 MINISTERIAL STATEMENTS ...... 1024 Payday Lending ...... 1024 Gold Coast Airport Marathon ...... 1025 Plastic Bag Levy ...... 1025 Four-Year Fixed Parliamentary Terms ...... 1025 SPEAKER’S STATEMENT ...... 1026 Photographs in Chamber ...... 1026 MINISTERIAL STATEMENTS ...... 1026 Water Infrastructure ...... 1026 Tabled paper: Article from the Sunshine Coast Daily, dated 16 April 2008, titled ‘Lucas shifts desalination focus on to coast MPs’...... 1026 Tabled paper: A copy of a Media Monitors transcript of an interview with Miss Fiona Simpson MP broadcast by radio station ‘Mix 92.7’ at 7.30am on 7 January 2008 regarding the proposed location of a water desalination plant...... 1026 Tabled paper: Article from the Coolum Advertiser, dated 10 April 2008, title ‘Peregian desal’ plant’s still not “dead in the water”: Noosa MP’...... 1026 Tabled paper: Article from the Noosa News, dated 15 April 2008, titled ‘Desal plant not welcome: Elmes’...... 1026 Plastic Bags; National Parks ...... 1027 Midyear Crime Statistics ...... 1028 Tabled paper: Document, dated 6 March 2007, titled ‘Reported and Cleared Offences—Queensland, July to December, 2004 to 2005, 2005 to 2006 and 2006 to 2007’...... 1028 Interest Rates; FuelWatch ...... 1028 Trades Teachers ...... 1029 Queensland Ambulance Service, Recruitment ...... 1029 Sex Offenders ...... 1030 Foster-Carers ...... 1030

M F REYNOLDS N J LAURIE L J OSMOND SPEAKER CLERK OF THE PARLIAMENT CHIEF HANSARD REPORTER Table of Contents — Wednesday, 16 April 2008

Regional Queensland, Labour Shortage ...... 1031 Housing Improvement Program ...... 1031 Crime and Misconduct Commission ...... 1032 Tabled paper: Letter, dated 15 April 2008, from Mr Robert Needham, Chairperson of the Crime and Misconduct Commission, to Professor Andrew Wilson, Acting Director-General of Queensland Health, relating to the cooperation of departmental staff with the commission in relation to the Torres Strait Islands Risk Assessment Report...... 1032 East Coast Inshore Fin Fish Fishery ...... 1032 Overseas Trade Mission ...... 1033 Bail Support Service ...... 1033 PARLIAMENTARY COMMITTEES ...... 1034 Membership ...... 1034 NOTICE OF MOTION ...... 1034 Mount Isa, Documents Relating to Lead Levels ...... 1034 QUESTIONS WITHOUT NOTICE ...... 1034 Patient Transport ...... 1034 Richmond Ambulance Service, Staffing ...... 1035 Hospital Infrastructure ...... 1035 Industrial Relations Policy ...... 1036 Speaker’s Ruling, Question Out of Order ...... 1036 Gold Coast, Infrastructure ...... 1036 Firefighters, Superannuation Entitlements ...... 1037 Infrastructure Planning ...... 1038 Queensland Rail, Train Cancellations ...... 1038 State Budget ...... 1039 Aged Care ...... 1039 Health Action Plan ...... 1040 Mount Isa, Lead Levels ...... 1041 Speaker’s Ruling, Question Out of Order ...... 1041 Payday Lending ...... 1041 Woorabinda, Child Protection ...... 1042 Inner Northern Busway ...... 1042 Gatton Street Sprints, Urban Fire Brigade ...... 1043 Gold Coast, Infrastructure ...... 1043 Palm Island Select Committee ...... 1044 Rural Fire Service ...... 1045 Water Resources ...... 1045 PRIVILEGE ...... 1046 Patient Transport ...... 1046 PRIVATE MEMBERS’ STATEMENTS ...... 1046 Delays in Criminal Proceedings ...... 1046 Brunswick Street Railway Station ...... 1047 Ministerial Accountability ...... 1047 Tabled paper: Copy of part of a Department of Natural Resources and Mines Briefing Note headed ‘Recommendations of Referral Panel’ and overlaid note attached to the Briefing Note...... 1047 Tabled paper: Copy of part of a Department of Natural Resources and Mines Briefing Note dated 16 July 2003 resulting from an FOI search in 2007, Department of Natural Resources and Mines Briefing Note dated 16 July 2003 resulting from an External Review on sufficiency of search in 2008 and extract of section 27(5) of the Water Act 2000...... 1047 Whitsundays, Great Walks ...... 1048 Leukaemia Foundation, Shave for a Cure ...... 1048 Western Brisbane Transport Network Investigation ...... 1048 North Bank ...... 1049 Abandoned Animals ...... 1049 Moreton Bay Marine Park Zoning Plan ...... 1050 Pacific Motorway Upgrade ...... 1050 Water Infrastructure ...... 1051 Skilling Queenslanders for Work Program ...... 1051 Western Brisbane Transport Network Investigation ...... 1052 Contemporary Music Strategy ...... 1052 Fraser Island, Dingo Fence ...... 1052 Tabled paper: Copy of a letter dated 8 April 2008 from Bruce Flegg MP to The Manager, WBTNI regarding a Moggill Pocket Sub-arterial from the Warrego Highway to the Western Freeway...... 1052 CONSUMER CREDIT (QUEENSLAND) AND OTHER ACTS AMENDMENT BILL ...... 1053 First Reading ...... 1053 Second Reading ...... 1053 MINISTERIAL STATEMENT ...... 1055 Queensland Fire and Rescue Service; Queensland Ambulance Service ...... 1055 PAY-ROLL TAX (HARMONISATION) AMENDMENT BILL ...... 1055 Table of Contents — Wednesday, 16 April 2008

Second Reading ...... 1055 Tabled paper: List of industry groups consulted in relation to the Pay-roll Tax (Harmonisation) Amendment Bill. 1066 Tabled paper: Draft practice direction Pay-roll Tax 9.1: Remission of penalty tax and unpaid tax interest— relevant contracts...... 1068 Division: Question put—That the bill be now read a second time...... 1069 Resolved in the affirmative...... 1069 Consideration in Detail ...... 1070 Clauses 1 to 8, as read, agreed to...... 1070 Clause 9, as read, agreed to...... 1076 Clauses 10 to 14, as read, agreed to...... 1076 Clause 15, as read, agreed to...... 1077 Clauses 16 to 19, as read, agreed to...... 1077 Third Reading ...... 1077 Long Title ...... 1077 CHILD PROTECTION (OFFENDER PROHIBITION ORDER) BILL; COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AND ANOTHER ACT AMENDMENT BILL ...... 1077 Second Reading (Cognate Debate) ...... 1077 MOTION ...... 1088 Mount Isa, Documents Relating to Lead Levels ...... 1088 Tabled paper: Final Report of Mount Isa Mines Limited Panel Assessment Study, dated February 2001...... 1090 Tabled paper: Document, dated 15 March 2007, written by Dr Mark Taylor of the Department of Physical Geography, Macquarie University, titled Summary of Ongoing Research into Environmental Contamination of Soil and Sediment Around Mount Isa, Queensland...... 1090 Tabled paper: Document titled Audit of Environmental Conditions, Mount Isa Mines Limited Agreement Act 1985, Mount Isa and George Fisher Mines, Mount Isa Mines Limited, dated 12-16 March 2001...... 1090 Division: Question put—That the amendment be agreed to...... 1097 Resolved in the affirmative...... 1097 Division: Question put—That the motion, as amended, be agreed to...... 1097 Resolved in the affirmative...... 1098 LOCAL GOVERNMENT AMENDMENT REGULATION (NO. 1) ...... 1098 Disallowance of Statutory Instrument ...... 1098 Tabled paper: Fax dated 1 February 2008, from Acting Chief Executive Officer, Aramac Shire Council to Local Government Reform Division relating to council’s resolution concerning the 8 per cent pay increase, enclosing a memo relating to Aramac Shire Council pay rates, undated...... 1111 Division: Question put—That the motion be agreed to...... 1112 Resolved in the negative...... 1112 ADJOURNMENT ...... 1112 Football Bundaberg ...... 1112 International Women’s Day ...... 1113 Richmond, Ambulance Services ...... 1113 Tabled paper: Media release, dated 16 April 2008, by Richmond Shire Council, titled ‘Ambulance Levy a Farce!’...... 1114 Hockey ...... 1114 Queensland Fire Stations ...... 1114 Trefoil Guild ...... 1115 Healthy Schools Pathways ...... 1116 State Schools, OP Results ...... 1116 Seaforth Recreation Centre ...... 1117 Trinity Beach State School ...... 1117 ATTENDANCE ...... 1118 16 Apr 2008 Legislative Assembly 1023 WEDNESDAY, 16 APRIL 2008

Legislative Assembly The Legislative Assembly met at 9.30 am. Mr Speaker (Hon. MF Reynolds, Townsville) read prayers and took the chair. Mr Speaker acknowledged the traditional owners of the land upon which this parliament is assembled and the custodians of the sacred lands of our state.

PETITIONS

The Clerk presented the following paper petitions, lodged by the honourable members indicated—

Portuguese Family Centre Ms Palaszczuk, from 73 petitioners, requesting the House to seek an explanation as to why 4EB FM has discontinued the weekly community announcements for the Portuguese Family Centre.

Boyd Street, Interchange Mrs Stuckey, from 446 petitioners, requesting the House to negotiate with the New South Wales Government to secure funds for the construction of an interchange at Boyd Street into Old Piggabeen Road, Tugan. Petitions received.

TABLED PAPERS

MINISTERIAL PAPERS TABLED BY THE CLERK The following ministerial papers were tabled by the Clerk— Deputy Premier and Minister for Infrastructure and Planning (Mr Lucas)— • Interim Land Use Plans for the Northshore Hamilton and Bowen Hills Urban Development Areas declared under the Urban Land Development Authority Regulation 2008 (Subordinate Legislation No. 78 of 2008 tabled 15 April 2008). Minister for Sustainability, Climate Change and Innovation (Mr McNamara)— • Response from the Minister for Sustainability, Climate Change and Innovation (Mr McNamara) to an e-petition (978-07) sponsored by Mr Weightman from 503 petitioners regarding the Moreton Bay Marine Park zoning plan review. • Response from the Minister for Sustainability, Climate Change and Innovation (Mr McNamara) to an e-petition (981-08) sponsored by Mr English from 53 petitioners and a paper petition (1020-08) presented by Mr English from 454 petitioners regarding the Moreton Bay Marine Park zoning plan review. • Response from the Minister for Sustainability, Climate Change and Innovation (Mr McNamara) to a paper petition (993-08) presented by Ms Croft from 2695 petitioners requesting that the Government abolish proposed plans to move the current no fishing boundary in Coombabah Creek.

MINISTERIAL STATEMENTS

Member for Fitzroy, Personal Leave Hon. AM BLIGH (South Brisbane—ALP) (Premier) (9.33 am): Today I advise the House that the member for Fitzroy, Jim Pearce, is undergoing medical treatment for serious depression and anxiety. Mr Pearce has for some time been battling depression and is under continuing psychiatric care. The member for Fitzroy is not well enough to make any public statements at this time, but he has asked me to read the following letter and place it on the record of the House. The letter states— Dear Premier, It is with sadness that I write to inform you that I have been unwell for some time and, having finally sought medical assistance, have recently been diagnosed as suffering from severe depression and an anxiety disorder. As a result, my doctor has provided me with a medical certificate requiring me to take three months’ leave as I attempt to recover from this condition. My doctor has informed me that I must take this time away from my parliamentary and electorate duties so that I may receive the treatment and support I need. If I do not do so, my doctor fears it may have severe consequences for my personal health. I would hope that my openness about my illness may encourage others, especially those from rural and regional areas, my fellow Vietnam Veterans and other returned service men and women to ask for help and seek the assistance they may require. From my personal experience, I can say that having finally sought help and assistance, I am now making small steps towards improving my personal well-being. In taking three months’ leave, I understand and appreciate that I will be unable to fulfil my duties as Chair of the Parliamentary Travelsafe Committee, a position I have found to be both challenging and rewarding over the last nine years. I therefore believe it is appropriate for me to resign from my position as Chair and as a member of this esteemed Committee to ensure that its good work can continue and it is with deep regret that I now tender my resignation. 1024 Ministerial Statements 16 Apr 2008

I take this opportunity to wish the Members of the Travelsafe Committee continued success in their endeavours towards improving road safety for all Queenslanders. As you would understand, this is an extremely difficult time for both my family and I, and I therefore seek your assistance in asking people to respect my privacy during my period of recovery. I would also ask that any inquiries about my personal well-being be referred to my friend and parliamentary colleague, Phil Reeves. My doctors have been quite adamant that I am in no position to make any long term decisions at this stage. With this in mind, I will reassess my future after this period of treatment and in consultation with my doctors. Premier, I take this opportunity to thank you personally for the support and compassion you have shown me during this difficult period. I hope to see you back in parliament soon. The letter has been cc’d to the Speaker of the House. I think I speak for everyone in the House when I say that we all know Jim as a hardworking, 19-year member of this chamber—a local member dedicated to his constituents and to serving his large electorate with enthusiasm and integrity. He has also been an up-front chair of our parliamentary Travelsafe Committee. As everyone will acknowledge, he has never shied away from controversy in his commitment to improve our state’s road safety. Jim Pearce has earned the respect of all of us, and at the moment he has reached a point where it is not possible for him to continue his work and he is not in a position, as I said, to make any public comments about that. I ask that he be afforded every privacy at this tough time. Anyone in his circumstances is entitled to recover with dignity and privacy. I also note Jim’s service in Vietnam and ask that he be accorded the respect due to every Australian who has served their country. I have asked the member for Rockhampton, Robert Schwarten, to shadow the Fitzroy electorate while Mr Pearce undergoes his treatment and recovery to ensure that the constituents of this electorate can continue to have their issues raised, and I thank the member for Rockhampton for agreeing to assume these responsibilities. In addition, during Mr Pearce’s recovery from time to time my own parliamentary secretary, the member for Mansfield, Phil Reeves, will visit the Fitzroy electorate. Mr Speaker, I am also pleased to advise the House that, from earlier discussions with you this morning, I understand that arrangements are being put in place to ensure the HR services here at Parliament House provide support for the electorate officers of the Fitzroy electorate should they need it. I will conclude by saying: Jimmy, we all look forward to seeing you back here when you are feeling better, but take your time, Digger. Interruption.

ABSENCE OF MEMBER Mr SPEAKER: Order! Honourable members, under standing order 263A the member for Fitzroy has also written to me and I advise the House accordingly. As Speaker, I extend the parliament’s very best wishes to the member for Fitzroy.

MINISTERIAL STATEMENTS Resumed. Payday Lending Hon. AM BLIGH (South Brisbane—ALP) (Premier) (9.37 am): While our economy is very strong and doing well, there are still many vulnerable and disadvantaged people who are suffering tough times and who sometimes need quick access to money for emergencies and for essential items. This money can mean the ability to pay the rent or put food on the table. Our government is determined to ensure that these people are able to access the credit they need at a fair and reasonable cost. That is why I am happy to announce two initiatives that will be introduced in legislation by the Attorney-General later today. First, the Consumer Credit and Other Acts Amendment Bill 2008 will provide for a 48 per cent cap, including interest fees and charges, on payday loans as we foreshadowed late last year. Second, our government will fund the expansion of a no-interest loan scheme. The no-interest loan scheme has been pioneered by the Good Shepherd Youth and Family Service and provides low-income earners with safe and accessible credit for purchasing essential household items such as whitegoods or furniture. We will provide $1.2 million over the next two years to help expand this scheme. The funds will be used to build the necessary infrastructure and capacity in the community sector to administer the No Interest Loan Scheme. I also congratulate the National Australia Bank on its impressive commitment of $10 million nationally in No Interest Loan Scheme loan capital. Our share of that fund in Queensland is $1.9 million. We will be encouraging other banks to become involved in this scheme and I thank the National Australia Bank for its generous commitment. 16 Apr 2008 Ministerial Statements 1025

Our priority is to protect consumers and stop them falling into a payday credit trap. These loans will not be granted for personal or luxury items but will be available to vulnerable people who need to purchase essential items such as a refrigerator or washing machine. No-interest loans have an excellent success rate with regard to borrowers paying them back. The national loan default rate for these kinds of loans is less than five per cent. Borrowers who use high-cost lenders are usually low-income, disadvantaged or vulnerable consumers. We need to help these people. Some of the best ways we can protect them is with sensible law reform and community support mechanisms like the No Interest Loan Scheme. That is what we will be doing with the introduction of this legislation later today. Gold Coast Airport Marathon Hon. AM BLIGH (South Brisbane—ALP) (Premier) (9.40 am): Later today here at Parliament House I will launch the 2008 Gold Coast Airport Marathon. The Gold Coast Airport Marathon is one of Queensland’s flagship sporting events. It is great for tourism and, as I can personally attest, it is great for fitness. Celebrating 30 years in 2008, the Gold Coast Airport Marathon is recognised worldwide for its fast, flat and scenic course. For the first time, the event has been sanctioned as the Oceania area marathon and half marathon championships. This honour not only raises the profile of the event; it also means that the marathon will be contested by athletes from up to 20 Oceania nations. We are looking to eclipse last year’s 16,000 plus participants, helped in part by a large contingent of runners from New Zealand and Japan. Marathon legend Robert de Castella, who won his first Commonwealth Games gold medal right here in Brisbane, will be present for today’s launch of this event at Parliament House. I encourage members to get behind this event. I know it has the full support of the members on the Gold Coast across the political divide. I look forward to seeing all of them running in it for the 30th anniversary. Plastic Bag Levy Hon. AM BLIGH (South Brisbane—ALP) (Premier) (9.41 am): As all members of this House are aware, Queensland family budgets are very tight at the moment with high interest rates and fuel prices, and the increasing cost of groceries. My government is very mindful of the effect this has on households. That is why on Thursday, when the Queensland Minister for Sustainability, Climate Change and Innovation, Andrew McNamara, travels to Melbourne to meet with his federal and state counterparts, Queensland will oppose any levy on plastic bags being imposed on consumers. Slugging Queensland families with a national levy for plastic bags will add further pressure to Queenslanders who are already struggling to make ends meet and my government is not willing to support such a move. Queensland does remain committed to completely phasing out non- biodegradable plastic bags. In this government’s ongoing fight to protect our environment, Queensland will push for a total ban on non-biodegradable plastic bags and call for urgent work to be done to identify an environmentally friendly alternative. Ultimately, Queensland wants to see the complete phase-out and ban of non-biodegradable plastic bags, but this will only be possible if a suitable alternative is found. There are biodegradable and re-usable alternatives available, but not in sufficient numbers for there to be an immediate ban on conventional oil based bags. Urgent work with industry needs to be done to identify how quickly an alternative could be delivered to meet demand. Australian business is incredibly innovative, and if a national standard is set to phase out and ban non-biodegradable plastic bags I am confident industry will rise to the challenge. This could be an opportunity to grow a whole new Australian industry with a major environmental focus. Change is difficult, but in our ongoing fight to protect our environment we owe it to future generations to do the hard yards and find new ways of doing things. Queensland will take this position to the national meeting this week and push for urgent work to be done to make this change work and to make it happen as quickly as humanly possible. Four-Year Fixed Parliamentary Terms Hon. AM BLIGH (South Brisbane—ALP) (Premier) (9.44 am): This afternoon the cross-party working group on a proposed referendum on fixed four-year terms for the Queensland parliament will meet for the second time. The first item on today’s agenda is confirmation of the Liberal and National Party positions on this important issue. In February this year the parliament voted unanimously to support a referendum on the introduction of fixed four-year terms. This presented us with an extraordinary opportunity to bring greater certainty to the Queensland parliamentary system. However, the opposition leader, as everyone 1026 Ministerial Statements 16 Apr 2008 knows, has since tried to move away from this position, jeopardising our chance to make the most significant reform to the parliamentary system in 86 years. I urge the coalition to maintain a bipartisan approach to this issue. The introduction of four-year terms will bring Queensland into line with all other states and territories and local government here in Queensland. An agreement to make the term fixed will bring improved certainty and remove any perception of politics in the timing of elections. A 1991 referenda on four-year parliamentary terms failed after a split between the National and Liberal parties, with the Nationals failing to support the referendum. In 2008, I hope that the National and Liberal parties have a chance to present a united front. I look forward to the meeting this afternoon with a great degree of optimism.

SPEAKER’S STATEMENT

Photographs in Chamber Mr SPEAKER: Before calling the Deputy Premier, I advise members that I have given approval for a photographer from the Courier-Mail to take photographs in the chamber this morning in accordance with the guidelines of the House.

MINISTERIAL STATEMENTS

Water Infrastructure Hon. PT LUCAS (Lytton—ALP) (Deputy Premier and Minister for Infrastructure and Planning) (9.45 am): Once again we have more confusion, more disagreement and more secrecy from the opposition regarding its plans for water infrastructure in south-east Queensland. Yesterday we gave the member for Maroochydore a chance to clarify where the opposition wants to build another desalination plant now to replace Traveston. The member for Maroochydore has been playing word games, saying that we should replace the Traveston Crossing Dam with a desalination plant. All year the member for Maroochydore has been saying that the plant should be located north of Brisbane or somewhere between the Sunshine Coast and Brisbane. But when challenged here and by the Sunshine Coast Daily, she refused to say where. I table that article. Tabled paper: Article from the Sunshine Coast Daily, dated 16 April 2008, titled ‘Lucas shifts desalination focus on to coast MPs’. But on 7 January she was caught out by MIX92.7, which reported— Opposition members interjected. Mr LUCAS: A 50-year water strategy and a $9 billion water plan. That is what we are doing. But the member for Maroochydore was caught out on 7 January by MIX92.7, which reported— The State Opposition has flagged Bribie Island as one of the best locations for a large desalination plant. I table that article. Tabled paper: A copy of a Media Monitors transcript of an interview with Miss Fiona Simpson MP broadcast by radio station ‘Mix 92.7’ at 7.30am on 7 January 2008 regarding the proposed location of a water desalination plant. That happened in January. Is that correct or is it not correct? An opposition member interjected. Mr LUCAS: I have tabled it. This happened in January but the member for Maroochydore has not sought to correct the record. Has MIX92.7 got it wrong? Will she make a personal explanation denying it? No, because they have caught her out. Now we have the latest version of the opposition’s strategy courtesy of the member for Noosa. The opposition wants to scrap Traveston. But the member for Noosa does not want to replace it with a desalination plant; he wants to replace it with a purified recycled water plant. In the latest Coolum Advertiser, the member for Noosa says— Mr ELMES: I rise to a point of order, Mr Speaker. I have never made a statement like that and I would ask the minister to withdraw. Mr SPEAKER: There is no point of order. Mr LUCAS: I will withdraw the statement and I will read from the Coolum Advertiser. It states— ‘Now the government wants to build some kind of infrastructure so we can draw salt water and treat it and put it into the water grid. Desalination uses a lot of power and produces a lot of greenhouse emissions and the government should be looking at more environmentally friendly options such as recycled water,’ Mr Elmes said. I table that article. Tabled paper: Article from the Coolum Advertiser, dated 10 April 2008, titled ‘Peregian desal’ plant’s still not “dead in the water”: Noosa MP’. Tabled paper: Article from the Noosa News, dated 15 April 2008, titled ‘Desal plant not welcome: Elmes’. 16 Apr 2008 Ministerial Statements 1027

In one fell swoop the member for Noosa has destroyed the member for Maroochydore’s fundamental plans. It is yet another example of how all over the place those opposite are in relation to water. The Queensland Water Commission’s draft 50-year water strategy says that we should undertake investigations into further purified recycled water schemes post 2028. There are no plans for further PRW schemes before then. The strategy says that we should look at long-term PRW options on the Sunshine Coast and Toowoomba but not until post 2028. One way to bring this forward is to rule out Traveston Crossing Dam. That is exactly what the opposition has done. The member for Maroochydore wants to build two desalination plants—one right now, which would be needed to replace Traveston, and another one in 20 years. The member for Noosa says that desalination is bad and he wants the government to implement a purified recycled water scheme. Of course, we know what the Leader of the Opposition thinks about— Mr ELMES: Point of order, Mr Speaker. I have never made a statement like that. I find the words offensive and I would ask the minister to withdraw them. Mr LUCAS: I withdraw. Clearly, the member for Noosa has been misquoted by the local newspaper and he should correct the record and say whether or not they have made it up. On 31 July 2006, AAP reported the opposition leader as saying that recycled water changes the sex of fish and could have a similar effect on humans. So that is what the Leader of the Opposition says in relation to his future merged party colleague the member for Noosa. The opposition leader needs to come clean on water policy. While he is doing that he should take the opportunity to get his house in order. He has made repeated promises about unity, yet we have coalition members who cannot agree on water policy. Their approach to water policy is the same as their approach to leadership and the proposed merger. If Mr Springborg were serious about his merger with the Liberal Party he would give the position of Deputy Leader of the Opposition to the member for Caloundra. But he does not want to do that, because the real strategy with the merger is not about joining with the Liberals; it is more akin to the last desperate act of a parasitic worm burrowing its way into a larger body and taking over from the inside out. That is what the Nationals want to do. Their vote is in long-term decline. The Nationals want to take over the Liberal Party. The Leader of the Opposition knows very well that if the Nationals hold the majority of seats, in the future he will be the leader of the party, not the member for Caloundra. Unlike the opposition, we have a water strategy, we have a portfolio of options for now and for the future, and we have plans for dams, desalination and purified recycled water in their proper place. The opposition cannot even agree on desalination, dams or recycling. The only thing the opposition members can agree on in terms of water policy is pipelines. They agree not to have a policy with respect to them. Plastic Bags; National Parks Hon. AI McNAMARA (Hervey Bay—ALP) (Minister for Sustainability, Climate Change and Innovation) (9.51 am): Queensland has the most varied and valued biodiversity of any state in Australia, and this government intends to see that our unique environment is protected. I am pleased to support the earlier remarks made by the Premier about plastic bags and moves to reduce their effect on the environment. In 2007, almost four billion single-use plastic shopping bags were used throughout Australia, up from the 3.4 billion used the previous year. That is obviously far too many. There needs to be a nationally agreed and consistent approach to phasing them out. Queensland supports a ban on these bags, but not before there is an alternative. For the good of the environment we cannot continue using and discarding conventional plastic bags in the numbers we are currently. Protecting our environment is always top of this government’s agenda, but in 2008 it holds a special place with the centenary of national parks in Queensland. Queensland was among the first governments in the world to recognise the importance of protecting our natural places by legislation in 1908. We have come a long way in 100 years. The number of national parks in Queensland has grown to 282, covering 7,600,000 hectares. The focus on what we protect has expanded from outstanding scenery to biodiversity and cultural heritage. Queensland has the largest area of national park and the highest level of representation of regional ecosystems in protected area estate in Australia. The government recently committed to making it 50 per cent bigger again. More than $65 million is allocated in this term of government for acquisitions to ensure the long-term protection of Queensland’s natural assets. The area of Queensland’s national parks is far greater than the five million hectares of national parks in New South Wales and the three million hectares of national parks in Victoria. People come from near and far to experience our native wildlife, unique vegetation and stunning vistas. Since that landmark occasion in 1908 when a small patch of rainforest became our first national park, generations of Queenslanders have grown up picnicking, hiking and camping in these natural treasures. Climate change has reinforced the value of these special areas to defend biodiversity and the Queensland government is committed to ensuring that happens. 1028 Ministerial Statements 16 Apr 2008

Midyear Crime Statistics Hon. JC SPENCE (Mount Gravatt—ALP) (Minister for Police, Corrective Services and Sport) (9.53 am): Last year marked the sixth consecutive year overall crime rates decreased across the state. Today I table the midyear crime figures for Queensland for the period July to December 2007. This is a six-month snapshot and I am pleased to advise the House that the trend of crime rates going down has continued. Tabled paper: Document, dated 6 March 2007, titled ‘Reported and Cleared Offences—Queensland, July to December, 2004 to 2005, 2005 to 2006 and 2006 to 2007’. Queensland has recorded reductions in all three broad offence categories per 100,000 persons. I give my congratulations to police across the state for this strong result. Offences against the person were down five per cent, offences against property were down by an incredible 13 per cent and other offences were down by one per cent. In terms of offences against the person, I am pleased to report that assault, excluding sexual assault, has dropped by three per cent; robbery has reduced by 10 per cent; and extortion is down by 32 per cent. This period saw the total number of sexual offences increase by three per cent. Police continue to work hard on solving sexual offences. This year clear-up rates for sexual offences improved by two per cent to 68 per cent. Given the historical nature of many sexual offences, this is an excellent result for police. While offences against property have been falling for years, the last six months of 2007 saw some big decreases, with unlawful entry down by 12 per cent, arson falling by 12 per cent, other property damage reducing by 15 per cent, unlawful use of a motor vehicle dropping by 12 per cent and fraud down by 19 per cent. Police have also recorded decreases in the other offences category. There has been a 29 per cent decrease in prostitution offences, a five per cent decrease in breaching domestic violence orders and a 10 per cent fall in Weapons Act offences. Proactive policing has also seen increased detection of liquor offences by nine per cent and good order offences by 11 per cent. The clear-up rates for total offences against the person are down by three per cent and offences against property are down by one per cent. Clear-up rates need to be considered over time because they can be influenced by many factors. Queensland’s clear-up rates have remained consistent. Overall, today’s results are very encouraging and are a testament to the hard work police do every day in driving down crime. I also take this opportunity to congratulate the Queensland public for the wonderful job they do in working with our police officers in this endeavour. The annual statistical review will be tabled in November and it will provide data for district and regional levels.

Interest Rates; FuelWatch Hon. AP FRASER (Mount Coot-tha—ALP) (Treasurer) (9.56 am): This morning I joined the CEO of Myer and the chairman as they announced an aggressive expansion policy of store openings across Queensland with the promise of more to come. This is a vote of confidence in the long-term future of Queensland and matches completely with our view about the state of the Queensland economy. While we are experiencing turbulence that has not been seen for many years, we remain fundamentally confident about the longer term growth prospects, and so, it seems, does Myer. We also happen to be in agreement about what the Reserve Bank should do in the nearer term. Today, with the release of the Reserve Bank’s minutes from their April meeting, Queensland homeowners are breathing a little easier, but they are not yet able to take a sigh of relief. It appears that the spectre of imminent interest rates rises is receding, but they are not yet out of the question. The Reserve Bank’s release of minutes shows that our domestic financial system is weathering the tightening of global credit markets. Furthermore, the bank is now acknowledging the clampdown effect of its recent hikes. As I stated last week, there is a strong case for the bank to stop increasing interest rates—a strong case for it to relent. Its hikes have slugged Queensland family budgets hard. We know all too well that family budgets have been running at full tilt and the ongoing tightening by the RBA has forced household demand into quick and brutal lockdown. Ongoing interest rates rises, coupled with rising grocery prices and rising petrol costs, have resulted in a battering of the average family budget. In that light, Queenslanders can also look forward to the Commonwealth government’s national rollout of the FuelWatch scheme, in which Queensland will be a willing participant. FuelWatch will ensure competition keeps prices reasonable and fair. It will end the wild swings in price that are the bane of so many motorists. From 15 December, all service stations will be compelled to notify the ACCC of their next-day prices and maintain that price for 24 hours. FuelWatch will be able to deliver motorists daily emails and text messages containing information about the cheapest petrol prices in their area, and that gives all Queenslanders the chance to get the best value for their petrol dollar. 16 Apr 2008 Ministerial Statements 1029

The family budget revolves around how much it costs to run a vehicle and, of course, how much must be set aside to pay the mortgage and to pay the grocery bills. There is ample evidence that the family budget has taken a hit. There remains in my view a strong case for the Reserve Bank, after recent rates rises, to sit tight and in due course begin the interest rates descent. Trades Teachers Hon. RJ WELFORD (Everton—ALP) (Minister for Education and Training and Minister for the Arts) (10.00 am): Our country faces a major skills shortage in many trade areas. Today I put out a call for help to senior tradespeople to help us in meeting this huge challenge. Indeed, it is a cry for help as we try to train more and more young people to take up the skilled jobs that are required for our state’s economic future. In Queensland many people are heeding our call to take up a trade, encouraged by the lucrative careers on offer and the opportunities available to them as qualified tradespeople. They are responding to our need for more skilled workers in crucial trades, a key goal of our government’s $1 billion Queensland Skills Plan which is helping to secure our state’s future. However, as more people make the decision to take up a trade, it means that we need to offer more trade and technical training so that these apprentices can become qualified. That means we need more trades teachers to put these apprentices through their paces and ensure they are trained. That is why we are working with industry to boost training opportunities and teacher numbers for crucial trades, including air conditioning, refrigeration and plumbing. At SkillsTech Australia, Queensland’s lead TAFE institute in trade and technical training, we currently have 760 refrigeration and air-conditioning apprentices in training. However, we have approximately 255 apprentices still waiting for training places in air conditioning and refrigeration. The simple fact is that we need more teachers in these areas to meet the demand of people seeking training. We are inviting qualified plumbers and refrigeration and air-conditioning mechanics to apply for teaching positions to share their skills with tomorrow’s tradespeople. SkillsTech Australia will help interested tradespeople make the career transition by fully funding their training in certificate and diploma level teaching studies. The institute is also keen to explore flexible working arrangements— whether that be part-time, seasonal, contract or full-time. Teaching a trade is an opportunity for experienced senior tradespeople to pass on their skills and knowledge to the tradespeople of tomorrow. It could also be a chance for tradespeople to strike a better family and work-life balance through working teaching hours. I heartily encourage all tradespeople to consider becoming a trade teacher. It is a challenging but rewarding career shift. Our government will continue to work with industry to develop innovative strategies to deliver more trade training, to get more apprentices trained, to attract more teachers to trade training and ultimately to ensure that more qualified tradespeople are available to ease our critical skills shortage. Queensland Ambulance Service, Recruitment Hon. N ROBERTS (Nudgee—ALP) (Minister for Emergency Services) (10.01 am): In the 2007- 08 budget, the state government committed itself to addressing the increasing demand that our Ambulance Service is experiencing. Growth rates of between 10 and 12 per cent over the past few years have fuelled increasing pressures on our ambulance system. In fact, in the 2006-07 financial year, the QAS received 2,200 calls for assistance per day, compared to 1,100 calls per day 10 years ago. In the 2006-07 state budget the government committed to an unprecedented recruitment drive to recruit an additional 250 ambulance officers this financial year. Today I report to the House that our aim is not just to meet that target but to exceed it. The Queensland Ambulance Service is on target to recruit 255 additional ambulance officers by the end of the financial year—five more than originally budgeted. This is a government that delivers. The 255 ambulance officers will comprise 231 paramedics, 13 operational support officers and 11 communications officers. An international and interstate recruitment drive aimed at finding appropriately skilled ambulance officers has accounted for 105 of the 255 new officers. Other sources include our successful student paramedic program and 36 from the first group of graduates from QUT’s bachelor of health sciences with a major in paramedicine. A key reason why we expect to exceed our target of 250 additional officers by five is the new rosters to be implemented by May and June of this year. The new rosters were developed with the cooperation of the union’s ambulance employees division to provide more flexibility for staff and was supported in a ballot by an 81 per cent majority. I am advised that implementation dates for the 12-hour rosters have now been agreed to in all regions across the state. The 12-hour roster system will give ambulance officers more days off more regularly. It is designed to minimise shift overruns. The implementation of the new rosters also provided an opportunity to create a support roster system. The new support roster involves shorter shift lengths. It provides paramedics with a broader choice of rosters 1030 Ministerial Statements 16 Apr 2008 which will suit their particular work-life balance requirements. Support roster teams will ensure that additional coverage is provided during shift changeover times and provide dynamic coverage to areas of high demand. The additional 255 ambulance officers represent the single biggest increase in the service’s history and demonstrates the government’s commitment to planning for and managing growth.

Sex Offenders Hon. KG SHINE (Toowoomba North—ALP) (Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland) (10.04 am): Queensland has the toughest laws in Australia to monitor serious sex offenders who have been released into the community. This government has stated time and again that it is our preference to keep paedophiles and violent sex offenders behind bars if they are still considered a threat to our community. In fact, every time an offender identified under our Dangerous Prisoners (Sexual Offenders) Act comes before the court, either for a hearing or for a breach of a supervision order, I apply to have them kept in prison indefinitely. We continuously review our legislation to ensure that we can be as strict as possible on these offenders while they are on supervision orders. We introduced a number of new measures last year, including electronic monitoring and a curfew. We also introduced an amendment placing the onus on an offender to argue why he should not be kept in custody until a contravention hearing into alleged breaches of his supervision order is heard. Those opposite continually issue press releases and pass them off as policy claiming that they will keep sex offenders in custody. I have said many times that we are walking a fine line regarding the constitutional validity of our legislation and that making laws keeping sex offenders behind bars indefinitely could be ruled unconstitutional. In fact, some people think our laws are already too tough, and last week convicted sex offender Darren Anthony Francis lodged a challenge in the Court of Appeal to the constitutional validity of our legislation. Let me assure the House that I will vigorously fight this challenge to our sex offender legislation. He has argued that amendments made to the act last year are invalid as they are beyond the power of the Queensland parliament. I will commit the resources required to defend this challenge to the legislation. We have the toughest sex offender legislation in Australia and I am confident that our sex offender laws will stand up to the legal challenge. These offenders have been identified under this legislation because they are the worst paedophiles and violent rapists detected under our legal system. As I have said, we are walking a very fine line with regard to this legislation, but we make no excuses for our tough laws and we will fight this challenge all the way.

Foster-Carers Hon. MM KEECH (Albert—ALP) (Minister for Child Safety and Minister for Women) (10.06 am): Foster-carers are the heart and soul of Queensland’s child protection system. More than 3,000 men and women have already opened their hearts and homes to the state’s most vulnerable children and young people. But foster-carers do not just provide a home for abused and neglected children; they also provide the vital love, care, understanding and support that these children so desperately need. There simply are not enough carers to cope with the number of children in need of the department’s care. That is why I am pleased to announce today that the Bligh government is investing more than $15 million over the next five years to recruit and support foster-carers. These extra funds will be spent on an extensive recruitment campaign through print and broadcast advertising and will also include a campaign designed specifically to attract Indigenous carers. The money will also go towards streamlining the approval process, reducing red tape and improving support networks and services for carers. This is an investment in the future of Queensland. It is about ensuring that we attract more compassionate, dedicated people to care for our state’s most vulnerable children. Carers are vital and we will continue to expect the very best from them. The children and young people they look after have had tough lives already and they deserve the very best of care. That is why the Bligh government is improving the services and support we offer these people who have the most difficult and important job in the state. By supporting foster-carers giving vulnerable Queensland children loving, stable homes, we are helping give some of the Smart State’s next generation the best possible start. We are looking for people from all walks of life all over the state to care for babies, children, adolescents, sibling groups and young people with challenging behaviours. When I meet carers it is clear to me that everyone has something unique to offer in terms of their life experiences and values. I also know that not everyone has the time to be a full-time carer, which is why I am also focusing on attracting part-time or support carers who can give full-time carers a break when they need one. It is not always an easy job and we place high expectations on our carers because we rely on them to love and protect children who are often badly damaged. 16 Apr 2008 Ministerial Statements 1031

I encourage all honourable members to talk to their constituents about becoming carers. The rewards of helping a once abused and neglected child grow into a happy, healthy adult are absolutely amazing. Just talking about this issue in the community and the media has a great impact, with calls to the foster care recruitment hotline increasing whenever the need for more carers is raised. Foster-carers give Queensland’s most vulnerable children and young people a chance to reach their full potential. That is why I am very proud that the Bligh government is investing $15 million in recruiting and supporting our true community heroes. Regional Queensland, Labour Shortage Hon. D BOYLE (Cairns—ALP) (Minister for Tourism, Regional Development and Industry) (10.10 am): I have been having a conversation with regional Queensland. It has been a real conversation rather than a conversation with state National Party members about how to take over the Liberal Party. In my conversation with regional Queensland a lot of concern has been expressed about the fact that the Liberals do not want to go with the Nationals and the Nationals find it preposterous to put up with the Liberals. I have listened with interest to ‘Born Again’ Springborg’s opinions from his so- called conversation. Either he did not listen or he has not really been talking to regional Queensland. I have met with key industry representatives in the major growth regions of Queensland. They have all agreed that the biggest challenge that they face currently is a labour shortage. Under the Bligh government Queensland is growing at exceptional rates. Despite difficulties brought on by world events, Queensland is booming. Unemployment rates are low and key industries have continued to thrive. I know that those who live in the south-east corner recognise the pressures they face from huge population growth. I can inform honourable members that those are also real issues for the regional cities of Queensland. What are the solutions? As I have suggested in a letter to the federal immigration minister, Chris Evans, a contribution to the solution may come from removing age limits on working holiday visas. Presently, only 18- to 30-year-olds from around the world are eligible to apply for working holiday visas. In the present world that is a nonsense. We should allow any people of working age to apply for working holiday visas so that they can come to Queensland for a holiday and also work for a period. Regional centres are facing real labour shortages. Resorts in the Whitsundays need hospitality staff, rail and train construction companies in Maryborough require metal fabricators and an abattoir in Charleville needs meat processors. Just last month Western Exporters announced the closure of its meat processing facility at Charleville due to an inability to increase its labour force. In response to the closure the Queensland government asked our federal colleagues to review their decision to reject the company’s application to join the meat industry labour agreement. I am pleased to report that, as a result of a meeting held on 3 April 2008 between the company and state and federal government representatives, Western Exporters will sign the agreement. It has now reopened its doors, ensuring around 100 workers in regional Queensland will keep their jobs. The impact of the closure on the local economy would have been enormous. Western Exporters is the largest private employer in the Charleville region and a major contributor to the local economy. Western Exporters is another example of a regional business that, like many other Queensland businesses, has been feeling the labour shortage squeeze. The Bligh government is not only talking about issues in regional Queensland; we are also solving them. Housing Improvement Program Hon. RE SCHWARTEN (Rockhampton—ALP) (Minister for Public Works, Housing and Information and Communication Technology) (10.13 am): Today I am pleased to announce that over the next two years the Queensland government will invest an additional $50 million in new housing for remote Indigenous communities across Queensland. This investment will be focused on new housing construction in six of Queensland’s Indigenous communities—at Aurukun, Doomadgee, Kowanyama, Mornington Island, Palm Island and Yarrabah—as well as in the Northern Peninsula and Torres Strait regions. The new housing provided through this funding will improve and increase the accommodation available to families, seniors and single persons and reduce overcrowding in those communities. This investment will build on the solid results the Queensland government is already achieving through its $173.7 million Housing Improvement Program for Indigenous communities. Since 2006, the Housing Improvement Program has been increasing the quality of state government funded social housing in Indigenous communities and increasing the life span of those housing assets. As members of the Indigenous communities in the areas can attest, this program has been and continues to be a success. During the past two years, the Queensland government’s Housing Improvement Program has completed more than 31,000 repairs and maintenance tasks across its 34 Indigenous communities. In addition, it has delivered: more than 400 upgrades to existing properties, for instance refitting essential rooms such as kitchens or bathrooms to ensure the ongoing livability of these properties; more than 70 replacements of houses deemed as being beyond repair; and an additional 70 new houses to help reduce overcrowding in the communities. 1032 Ministerial Statements 16 Apr 2008

Improving the quality of housing in Indigenous areas will help people take pride in their communities. This is crucial to improving the overall social and economic wellbeing of Indigenous people and communities in Queensland. The Queensland government understands that increasing the supply of appropriate housing is also a necessary part of improving the quality of life that Indigenous people in rural and remote areas experience. It is for this reason that I have directed the Department of Housing to focus this $50 million investment on new housing construction. Crime and Misconduct Commission Hon. S ROBERTSON (Stretton—ALP) (Minister for Health) (10.15 am): Yesterday the Leader of the Opposition stood in this House and tabled a letter confirming that he had not cooperated with the independent CMC about a Torres Strait report. When he was pressured, he desperately tried to run for cover. He also alleged that Queensland Health was not cooperating with the CMC in its investigation into the Torres Strait Islands Risk Assessment Report. I will table a copy of a letter from the CMC to the Acting Director-General of Queensland Health. That letter states, inter alia— The CMC has no issue with the level of cooperation provided by the Department. I am advised by my staff that Queensland Health is cooperating fully with the CMC. The letter is signed by the chair of the CMC, and I table it for the information of the House. Tabled paper: Letter, dated 15 April 2008, from Mr Robert Needham, Chairperson of the Crime and Misconduct Commission, to Professor Andrew Wilson, Acting Director-General of Queensland Health, relating to the cooperation of departmental staff with the commission in relation to the Torres Strait Islands Risk Assessment Report. The Leader of the Opposition further claimed that Queensland Health would punish any employee who came forward to assist the CMC’s investigations. Let me explain to the Leader of the Opposition and others who are listening how flimsy and out of date this explanation is. Queensland Health treats its responsibilities under the Whistleblowers Protection Act extremely seriously. Following the Bundaberg commission of inquiry and the Forster review, Queensland Health has proactively sought to develop a culture of supporting staff who make a disclosure about wrongdoing in the public interest. It has done this by working with other agencies such as the CMC, the Queensland Ombudsman and the Office of the Public Service Commission. In addition, Queensland Health is actively participating in a national research project to establish a specialised unit that is dedicated to the assessment and subsequent management of potential public interest disclosures made to Queensland Health. This unit is called the Internal Witness Support Unit. Queensland Health also has an investigation group, the Ethical Standards Unit, which has the full confidence and the support of the CMC. Queensland Health has also introduced a strong code of conduct, placing a responsibility on managers to create positive workplaces. The code encourages all employees to cooperate with any investigations, whether they be doctors, nurses or admin staff— everyone. The code states— In some circumstances, an employee who makes a disclosure about misconduct will be regarded as a ‘whistleblower’ under the Whistleblowers Protection Act 1994. The Whistleblowers Protection Act 1994 makes it a criminal offence to take a reprisal against a whistleblower. Let me repeat that for the Leader of the Opposition and others who may be listening, so that they understand— The Whistleblowers Protection Act 1994 makes it a criminal offence to take a reprisal against a whistleblower. Managers are expected to take employees’ concerns seriously and promote a culture of openness within the organisation. The Queensland Health code of conduct specifically states that Queensland Health is committed to protecting staff from retaliation or reprisals should they raise concerns about misconduct. Therefore, it is time for the Leader of the Opposition to stop running away from his failure to cooperate with the CMC on this issue. There is absolutely no reason whatsoever he cannot pick up the phone and ring the CMC after question time and indicate his full cooperation with the CMC’s investigation. These are serious allegations and time is up—no ifs, no buts, no maybes. This is about leadership and integrity. It is about the alternative premier of this state demonstrating leadership on this issue by indicating his full cooperation with an investigation by the independent watchdog. East Coast Inshore Fin Fish Fishery Hon. TS MULHERIN (Mackay—ALP) (Minister for Primary Industries and Fisheries) (10.19 am): New rules proposed for Queensland’s East Coast Inshore Fin Fish Fishery, the largest and most diverse fishery in this state, are now in the final stages of refinement. I would like to commend the hundreds of stakeholders, including recreational and commercial fishers, who took the time to provide feedback through public meetings and the response forms. More than 2,000 stakeholders attended the meetings and over 1,700 written responses were received. I strongly emphasise that the proposals are not set in stone and that the public submissions to the proposals from individuals, other government agencies and representative bodies will be of critical importance when finalising the management plan. 16 Apr 2008 Ministerial Statements 1033

The department’s inshore Management Advisory Committee, which includes recreational and commercial fishers, scientists, conservationists and other government agencies, has established a number of working groups which are meeting in April to consider the detailed comments on the proposed changes. The MAC will then consider the working groups’ advice in late May and make final recommendations to the department. I anticipate that I will take the new management arrangements to government for consideration later this year. The goal has always been to develop rules which are fair and equitable to those using this resource, as well as ensure that the fishery is protected and sustainable for future generations to enjoy. I will ensure that there is a comprehensive education program to make sure fishers are aware of the new rules once they are introduced. Queensland’s East Coast Inshore Fin Fish Fishery stretches from Cape York to the Queensland-New South Wales border. Being the largest fishery in the state means that it is one of our most valuable assets, with more than 750,000 recreational fishers and approximately 500 commercial operators accessing this resource. Full details of the consultation are available on the DPIF web site.

Overseas Trade Mission Hon. RJ MICKEL (Logan—ALP) (Minister for Transport, Trade, Employment and Industrial Relations) (10.20 am): During a recent trade trip to Hong Kong, southern China and Vietnam we strengthened Queensland’s business, trade, investment and education relationships. In Hanoi I met with the Prime Minister of Vietnam. Together, we observed the signing of an important memorandum of understanding that will see Queensland clean coal technology company, Linc Energy, leading development of an underground gasification project in northern Vietnam that will generate clean energy power for up to two million homes. We also supported transport companies at the highest levels of government in an attempt to win future rail contracts. In Ho Chi Minh City we backed up Queensland construction companies in their bid to win major infrastructure contracts in that booming city. Also in Vietnam I had the honour of announcing the late Hon. Tom Burns AO Scholarship, in recognition of Mr Burns’s important contribution to the Queensland-Vietnam relationship. The scholarship will allow one Vietnamese student to study in Queensland next year, assisted by a two-year tuition and accommodation fee waiver valued at around $50,000. As part of my trade mission, the University of Queensland also announced almost $1 million in scholarships for five Vietnamese students to complete higher degree research and doctorates. This was a fitting way to celebrate 35 years of diplomatic relations between Vietnam and Australia. In Hong Kong I launched the Sunshine Coast based Gourmet Garden and their tube-packaged herb product range on to the Hong Kong market as part of a Queensland fine food promotion featuring 12 Queensland food companies. Gourmet Garden is a successful exporter, supplying to more than 15,000 overseas supermarkets. In Southern China I witnessed the signing of a $1 million export deal for Queensland’s Australian Sandstone Industries to export 2,500 tonnes of sandstone from its Helidon quarry, and I supported a bid by a Queensland company to win the redevelopment of the marina in Shenzhen. I would like to report that Queensland’s new special representative for China and Vietnam, the honourable Steve Bredhauer, has led 10 Queensland companies on a marine mission to the China International Boat Show from 10 to 14 April. The government has supported a marine mission to the boat show for the past five years. Last year the mission generated $5.7 million in export sales. The government will continue to build strong trade relations with China and Vietnam to help Queensland companies secure greater export sales.

Bail Support Service Hon. LH NELSON-CARR (Mundingburra—ALP) (Minister for Communities, Minister for Disability Services, Minister for Aboriginal and Torres Strait Islander Partnerships, Minister for Multicultural Affairs, Seniors and Youth) (10.23 am): The Bligh government and the Abused Child Trust are working in partnership to help turn lives around for young people in far-north Queensland. I am pleased to announce $4.1 million over the next 3½ years for the trust to deliver a new Young Offender Community Response Service and bail support program. Our aim is to break the cycle of crime and help young people in the Cairns and Cape York communities. Our approach builds on the significant success of the Youth Bail Accommodation Support Service, which is run by the Youth Advocacy Centre in south-east Queensland. The Youth Bail Accommodation Support Service has helped young people meet their bail conditions and keep stable accommodation—a factor contributing to a young person’s ability to stay crime free. The Abused Child Trust will also deliver the youth offender program to those at risk of offending or reoffending. These two programs will also work closely with families and extended families to achieve positive change in young people’s lives. 1034 Questions Without Notice 16 Apr 2008

The Bligh government is delivering early intervention programs and services to address the complex problem of juvenile offending in innovative and effective ways. In contrast, we hear the occasional media burst from the member for Caloundra. He talks about ‘boot camps’ but provides no detail on how they would actually operate. A great opportunity arose for the opposition to place its alternative vision on the table when the Juvenile Justice Act 1992 was reviewed recently. Do members know that 174 submissions were received and not one of those was from the opposition? This latest Bligh government initiative is not about locking them up and then letting them go. The new bail support and youth offender programs complement initiatives in far-north Queensland, including the referral for active intervention services. The Abused Child Trust is also funded by the Department of Communities to provide services in Cairns which deliver therapeutic interventions to vulnerable families with children at risk of being involved in the child protection system. Mr SPEAKER: That concludes ministerial statements.

PARLIAMENTARY COMMITTEES

Membership Hon. RE SCHWARTEN (Rockhampton—ALP) (Leader of the House) (10.26 am), by leave, without notice: I move—

(1) That Mr James Pearce be discharged as Chair of the Select Committee on Travelsafe and that Mrs Jo-Ann Miller be appointed as Chair of the Select Committee on Travelsafe; and

(2) That Mrs Jo-Ann Miller be discharged from the Members’ Ethics and Parliamentary Privileges Committee and that Ms Karen Struthers be appointed to the Members’ Ethics and Parliamentary Privileges Committee. Question put—That the motion be agreed to. Motion agreed to.

NOTICE OF MOTION

Mount Isa, Documents Relating to Lead Levels Mr SPRINGBORG (Southern Downs—NPA) (Leader of the Opposition) (10.27 am): I give notice that I will move— Following public concern about lead poisoning, the government table all advice and reports prepared for or by Ministers, Ministers’ Offices and Government Departments, in the last five years, containing information relating to air quality levels, residue levels and soil contamination levels in Mount Isa and the surrounding region. Mr SPEAKER: Just before we go into question time, it is with a great deal of pleasure that I would like to welcome to the public gallery today Mr Daniel Ion, who is an exchange student from Romania. Daniel is being sponsored by Daryl Reynolds. I would like to welcome you very much to the chamber today. Daniel is a student of architecture at a university in Bucharest. He is spending 17 days here in Australia. You have come to the best place in the latter part of your trip. I would very much like to welcome you to the public gallery today.

QUESTIONS WITHOUT NOTICE

Patient Transport Mr SPRINGBORG (10.28 am): My question without notice is to the Minister for Health. Yesterday 78-year-old widow Mary Phillips was taken by ambulance from Kilkivan to Gympie Hospital—a trip of just over 50 kilometres—suffering from complications after an earlier surgery. Upon being treated, Mrs Phillips was then discharged into the streets of Gympie with no way home and no possibility of getting public transport or utilising a return ambulance trip until the member for Gympie jumped in to pay for the $100-plus cab fare home. Will the minister inform the House why Mrs Phillips and hundreds like her are abandoned after hospital treatment without any way of getting home? Is this yet another example of this government failing to help those people who cannot help themselves? Mr ROBERTSON: Obviously, I do not have the details of this case to hand. I am happy of course to have it investigated. 16 Apr 2008 Questions Without Notice 1035

Richmond Ambulance Service, Staffing Mr SPRINGBORG: My second question is to the Minister for Emergency Services. As the minister is aware, the town of Richmond and surrounding districts is still, after more than four years, without a crew for its ambulance. On 2 April this year the director of nursing and another nurse were forced to drive the ambulance on an emergency call-out despite the fact that they are completely untrained to drive the vehicle and uncovered by public liability insurance and that their absence on the 90-kilometre round trip left the hospital grossly understaffed. This follows a directive to the Richmond fire service that they cannot drive the ambulance in an emergency. Will the minister inform the House why the lives of patients and nurses are being put at risk by his failure to provide basic health services like ambulance crews for remote and regional Queensland despite the introduction of the universal community ambulance cover? Mr ROBERTS: I thank the member for the question. Ambulance services in Queensland are provided by a range of models, as members are aware. The ambulance levy, for the information of the House, provides about 29 per cent of the total cost of funding the Ambulance Service, but the service itself is delivered through a range of models across the state according to the level of demand in that particular area. The primary response is provided by full-time paramedics from full-time stations or indeed stations which are staffed Monday to Friday across the state. The next tier of service delivery is through areas where we have first-responder groups—honorary ambulance officers et cetera. In many communities across the state where a full-time ambulance station is not yet justifiable, first-responder groups are another means by which ambulance services are provided. There are many other areas where demand is even less. This is where we have cooperative arrangements with Queensland Health for the delivery of ambulance services, and Richmond fits into that category. I am aware of the particular incident that the member refers to, and I understand that there were some difficulties with that particular case in arranging for an ambulance driver. However, we have had this cooperative relationship with Queensland Health for some time. The basic arrangement is that the Queensland Ambulance Service provides the ambulance, the equipment and the training, and Queensland Health is able to provide the drivers. In this particular instance where there was some issue with a driver not being available, we have been working cooperatively with Queensland Health to resolve that. I am advised that on 2 April Queensland Health advised that a staff member at the Hughenden Hospital would travel to Richmond to provide ambulance driver coverage until the evening of 6 April. In addition, Queensland Health identified a staff member at the Charters Towers Hospital who was available to travel to Richmond and provide ambulance driver coverage from 6 April. As I have indicated, in many communities the existence of a full-time ambulance service is simply not justifiable. We provide the best possible response that we can through a range of service delivery models. Due to there being a relatively low level of demand on the service in Richmond, the service is provided through a cooperative relationship with Queensland Health.

Hospital Infrastructure Ms STONE: My question without notice is to the Premier. Can the Premier please advise of any reaction to yesterday’s announcement regarding the new hospital infrastructure in regional Queensland? Ms BLIGH: I thank the member for her question and for her interest in this issue. The public reaction that we have seen from regional Queenslanders has been overwhelmingly positive, and I will outline that in a moment. What we have also seen is a rare and remarkable insight into coalition economic policy on these issues. The Leader of the Opposition has been on radio saying that he supports selling off assets to raise revenue but not for infrastructure development. What would he use it for? Opposition members interjected. Ms BLIGH: That is not what it says in the transcript. What would he put it into? He would do what they did last time those opposite were in government: he would put it into recurrent expenditure. Mike Horan can smile because he knows where it went. It went into places like health recurrent expenditure. It was the worst possible economic management that we could imagine. Mr Horan interjected. Mr Lucas: The capital works squeeze man over there! Ms BLIGH: Yes, Mr Capital Works Squeeze. We know what those opposite think about building things: when you get into government, you stop. You put out a memo and tell everyone to stop. That is exactly what they did last time. The policy of my government could not be clearer. When you sell your way out of one asset, you put the money back into another asset. Make no mistake: the people of regional Queensland regard their hospitals as assets. 1036 Questions Without Notice 16 Apr 2008

What did the papers say? In Cairns they said, ‘Thank you.’ That is what they think about this decision. In Mackay they said, ‘We’ve got a new hospital.’ What did they say in Cairns? ‘Now we have a healthier future.’ What did they say in Mackay? ‘Hospital will be worth the wait.’ What did we see in Mount Isa? ‘$65 million upgrade.’ What did we see in Cairns about the sale of the airport? ‘Private ownership seen as a step forward for tourism.’ Mr Horan: You wait till they pay for the car parking fees. Ms BLIGH: They have already paid for it. If you go to Cairns airport one day, you will find that out. The Leader of the Opposition made a remarkable fuss about his listening tour. Who on earth was he listening to? I have been to Mackay and Cairns and I have listened. What they said was ‘Give us a hospital’, and I have delivered it. What we get again from the Leader of the Opposition is that he has an opinion on everything and a solution to nothing. Industrial Relations Policy Miss SIMPSON: My question is to the Minister for Transport, Trade, Employment and Industrial Relations. I refer the minister to his joint media statement in November 2006 that the Beattie-Bligh government would ‘monitor the laws and advise employees of their rights and responsibilities as well as oversee the fair and reasonable state IR system’. Minister, is it wrong for an employer to demand an employee work a 40-hour standard working week but only receive superannuation contributions for 38 hours a week, costing an accumulative $20,000 over 10 years under this government’s policy? Speaker’s Ruling, Question Out of Order Mr MICKEL: Is that question in order? It is asking for an opinion. Mr SPEAKER: I would agree that under standing orders— Mr Springborg: Don’t you letterboxes have an opinion? Mr SPEAKER: Do not get too excited, Leader of the Opposition. I am just saying that that question was asking for a legal opinion or an opinion. Miss Simpson: Mr Speaker, with respect, I am asking for the minister’s policy in this regard. Mr SPEAKER: I take that as you are asking for an opinion. I will ask the minister. Mr MICKEL: I am happy to abide by the standing orders as long as they are applied on both sides. Mr SPEAKER: I will rule the question out of order. Gold Coast, Infrastructure Ms CROFT: My question is to the Premier. Can the Premier please inform the House of the government’s investment in new infrastructure, particularly on the Gold Coast, which is one of the fastest growing regions in Australia? Ms BLIGH: I thank the honourable member for the question. We all know her enthusiasm for the Gold Coast and I am very pleased to have this question from her. As I outlined yesterday, our government has the largest capital works budget in real terms and in per capita terms of any state in Australia, and it is more than the Commonwealth government. We will spend $1.6 million every hour, every day, every week of this year building Queensland’s future. I found it remarkable to again hear this morning more negative feedback from the Leader of the Opposition in relation to our decision yesterday to build more hospitals. He claimed that our government has built nothing. All I can say is that he has not visited the Gold Coast recently—and lucky for the Gold Coast! If he had, he would have seen that the Gold Coast has benefited from significant investment in infrastructure such as the Convention Centre, which has been such a success that we are now expanding it, something that those opposite never delivered on despite having a Premier from the Gold Coast. The Leader of the Opposition would have also seen that the whole of the Gold Coast is almost a construction zone with public works. If coalition members bothered to go and look at Skilled Park stadium, they would see world-class sporting infrastructure for the Gold Coast. If they drove down the southern end of the Gold Coast, they would see the Tugun bypass almost ready for vehicles. They would also see the extension of the Gold Coast rail line from Robina to Varsity Lakes at the Gold Coast. They would see the extension of the Robina Hospital on the Gold Coast. They would see widening of the Gold Coast Highway to four lanes if they ever bothered to get down there, and they would see the redevelopment of the Southport-Broadwater parklands—one of the projects that I know is dear to the hearts of both the members for Broadwater and Southport. Mr Lucas: The Hope Island Road. Ms BLIGH: The Hope Island Road project is in the electorate of the member for Broadwater. We are building Queensland. We are building it in the Gold Coast, we are building it in the south-east corner and we are building it in every region of this state—unlike those opposite, who have an attack of the 16 Apr 2008 Questions Without Notice 1037 vapours every time they get near a building site. I have never seen someone more fearful of infrastructure than the shadow minister for infrastructure. I have yet to see an infrastructure project that she has supported, and I am yet to hear about an infrastructure project that they would fund. Having clawed her way into the infrastructure portfolio, all I hear from the shadow minister for infrastructure is where things should not be built. We know that they do not want a desalination plant anywhere near her electorate. In fact, they do not want to see any water infrastructure anywhere in south-east Queensland. Perhaps they would like it way out west and they can put in a 2,000-kilometre pipeline. Mr Lucas: No, they don’t have pipelines. Ms BLIGH: That is right: they don’t connect things. We will continue to build this state and we will continue to make sure that growing regions like the Gold Coast get their share. Mr SPEAKER: Order! I have pleasure in welcoming to the public gallery today teachers and students from Our Lady of the Rosary School in the electorate of Moggill, which is represented in this House by Dr Bruce Flegg.

Firefighters, Superannuation Entitlements Mr McARDLE: My question is to the Premier. Will the Premier inform the House if it is fair and reasonable for senior firefighters working a 40-hour standard working week to be paid their full 40-hour weekly superannuation contribution, while her government made superannuation contributions for only 38 hours of the 40-hour standard working week which operational firefighters were required to work? Will the Premier today personally meet retired firefighter Mr Bruce Wilkinson, who is in the gallery, so that operational firefighters who are missing out on their full 40-hour superannuation contributions can understand why? Ms BLIGH: I thank the honourable member for the question. As the member will be aware, the provisions relating to superannuation, to rostered hours for firefighters or, indeed, for any other state government employee are governed by industrial instruments ranging from awards, legislation and enterprise bargaining agreements. I would encourage the member to encourage those people who have brought their concerns to him to raise them directly with the minister for industrial relations. Mr McArdle: Will you meet with Mr Wilkinson? He is in the gallery today. Ms BLIGH: I would suggest if the member wants that sort of detail he really needs to speak to the minister responsible. What we have seen in the last 24 hours is the almost complete policy humiliation of the Queensland Liberal Party. What happened here yesterday was that I announced a very significant economic reform in relation to who should run airports in this state. What we then saw was a scurried series of meetings between the Nats and the Libs to decide what their policy would be on this. I remember a time when the Queensland Liberal Party was proud of its record of being a party for private enterprise. But what it has done in the last 24 hours is kowtow again to the Queensland National Party. Mr McArdle: Will you meet the gentleman in the gallery and explain to him why he has been dudded by your policy? Ms BLIGH: The Liberal Party kowtow on tree clearing, they kowtow on the environment and now they are kowtowing on the economy. They have handed over the entire asset base of the Liberal Party to the National Party. Mr McArdle: Will you meet with him and explain to him why he is not getting his full entitlement? Ms BLIGH: The Leader of the Liberal Party hates it, doesn’t he? He really does not like it. They have nothing left to offer the people of Queensland. They do not have a leader to offer as a potential Premier; we know that. They do not have a policy in relation to— Mr McArdle: Look up in the gallery and tell Mr Wilkinson that you will not meet him. Ms BLIGH: Mr Speaker, I advise the gentleman concerned to take his concerns to the relevant minister, who will have the details. But what a spectacle it is to have the Leader of the Liberal Party coming in here and talking about industrial relations! What I can tell the gentleman in the gallery— Mr McArdle interjected. Mr SPEAKER: Order! Member for Caloundra! Ms BLIGH: What I will advise the gentleman in the gallery is that those on this side of the House do not, have never and will never support WorkChoices, unlike the member who asked the question. If the Leader of the Liberal Party had his choice, this man would have had no super. If we had the Liberal Party industrial relations strategy, this man would have had to trade his super away to keep his job. Mr Nicholls interjected. Mr SPEAKER: Order! Member for Clayfield! 1038 Questions Without Notice 16 Apr 2008

Ms BLIGH: I listened to John Howard’s comments the other night, and all I can say is that the Australian Liberal Party has learnt nothing from the federal election. Here they are again defending their WorkChoices approach to industrial relations. Keep it up! Infrastructure Planning Ms JONES: My question is to the Deputy Premier. Can the Deputy Premier advise the House of recent Bligh government decisions regarding future planning in south-east Queensland and explain how this will assist with proper planning for future policy options? Mr LUCAS: I thank the honourable member for her question. She is a first-class local member and has represented the interests of her constituents very well in this parliament. The honourable member would be aware that the transport minister and I released the first findings of the western Brisbane transport network investigation about two weeks ago. The next stage of the study recommends further investigation and public consultation on 15 tunnel, road and public transport options—some state funded, some federally funded and some Brisbane City Council funded. The study ruled out constructing a western bypass of Brisbane. The government has been very clear all along about doing a proper analysis of a bypass. On 7 August last year I told parliament that one of the many considerations of the study will be whether there is a need for a western bypass of Brisbane and, if required, where such a major facility should be located. That is in marked contrast to the member for Moggill, who all along had decided that we should have a western bypass in the Brisbane Valley Highway and it should not be in his electorate. We also have people like Michael Johnson, that great rocket scientist who was only triumphed in his intellect by Cameron Thompson, whom the Leader of the Opposition got rid of. The only thing he delivered was another road in the electorate that the member for Moggill did not want. In the honourable member for Moggill’s submission to the study’s terms of reference in July last year he said that the Brisbane Valley option appears to be more consistent with base common sense. What do the numbers show? In 2026 the Brisbane Valley western bypass would carry 5,000 to 10,000 vehicles per day and only 1,200 along its entire length. No wonder he does not want to support PPPs and he is squibbing on it. Who could possibly build an 80-kilometre road with that sort of patronage? The Mount Coot-tha option is still not viable—15,000 to 25,000 vehicles. The good thing, though, is that the member for Moggill said— In the case of an existing road corridor, homeowners should be aware of the possibility of road construction. They have been protected by the standard practice of main road searches. I say to the opposition: you are all over the shop on water. This western Brisbane transport network investigation now canvasses a number of options using existing corridors such as Trouts Road, going underground and basically following the old route 20, to work with the mayor’s proposal for Northern Link. Will the opposition have a policy? Will it support building infrastructure? They do not want to have a similar position to water, where one member has one view, another member has another view, another member has no view, and you are all unanimous on one thing: you cannot agree on anything. Queensland Rail, Train Cancellations Mr NICHOLLS: My question is directed to the minister for transport. Last year in answer to questions on notice the minister provided information showing monthly train cancellation increases of up to 500 per cent. He said that this level of cancellations is unacceptable and instructed QR to make urgent changes to improve reliability. When I asked for the same information for the months of November 2007 to February 2008 the minister refused to provide it. Obviously Queensland Rail has this information. Why is the minister afraid of answering the question and what is he covering up? Mr MICKEL: He has discovered that I have this great cover-up. Guilty! Every morning the train services are on the web site. All he has to do is use the computer and he can see it himself. That is what Spencer Howson uses every morning. The opposition recently came out with a policy that it would have train services that arrive on schedule and there would be no unscheduled cancellations. That was its policy. So everything would arrive on schedule. On 4 March we had to cancel train services and delay them from Central to Brunswick Street. Why? Because there were trespassers in the tunnel. Under the Liberal Party, under the genius opposite he would have had me clean them up just to make sure the trains ran on time. The policy of those opposite is clean them up. On 5 March we had to cancel a service because there was a malfunction of a passenger emergency button. On 5 March we had to delay a train. Why? Because there was a visually impaired passenger requiring assistance on a train. Under Liberal Party policy, we would take off without her, run them down in the tunnel and take off without visually impaired people. On 7 March we had to delay a service because a youth riding his bike on the platform at Edens Landing fell onto the tracks. We should go straight over the top of him too. The Liberal Party is cleaning them up. On 10 March we had to delay a service at Brunswick Street because a passenger collapsed and an ambulance had to be called. So off with him. Run them down in the tunnel, clean them up on the bike and clean up the visually impaired as well. It is a great policy, isn’t it. 16 Apr 2008 Questions Without Notice 1039

Let us go on to 10 March when we had to cancel and delay a service due to an electrical fault on the southern main line. On 4 April we had to cancel one on the Ipswich line. Why? Because a car went through a fence at Auchenflower. Clean up the car through the fence. Just clean them up in the tunnel. That is not a policy, my friend, it is a shambles. Mr Lucas: Who was driving it—the member for Warrego or the member for Caloundra? Mr MICKEL: I think it was the member for Warrego. Thank God he was not driving it. On 4 April we had to delay a service after a truck was stuck at the boom gates on Queensland Road at Murarrie. Clean them up! Mr Nicholls interjected. Mr MICKEL: He talks about fixing up the level crossing. He went to his last election as a councillor saying that he was going to build an overpass over the level crossing. They are still waiting for it. Mr SPEAKER: Thank you, Minister. Mr MICKEL: No wonder he wants to run them down; they have good memories. Mr SPEAKER: I think we have got the gist of your answer. State Budget Mr HAYWARD: My question is to the Treasurer. With the budget preparation underway, can the Treasurer advise the House of the government’s priorities for expenditure? Is he aware of any alternative approaches to managing the state’s finances? Mr FRASER: I thank the member for Kallangur for his question. He is also serving this parliament as the chair of the Public Accounts Committee and in that role has maintained a strong interest in the public finances of this state for many years. The answer to the question directly is this: health will be front and centre in this year’s budget, as it has been consistently for this government as we have implemented the Health Action Plan. The Health Action Plan has seen some 1,300 extra doctors, 4,200 extra nurses and 1,500 extra allied health workers working in our system. With yesterday’s announcement we will be funding new health facilities and hospital upgrades, and better hospitals in Mount Isa, Cairns and Mackay. Once again, members will see that health will be the major focus of the state budget that is due to be delivered in this parliament on 3 June. It is interesting to put these matters into perspective and to inject some facts into this debate. The opposition seems to be running an argument at the moment which tries to question where in fact the money that is provided to the state government through taxation revenue and other measures goes. The answer is this. This year’s state budget was framed on the basis of receiving $8.3 billion in GST. This year we will spend $7.1 billion on health. So before we get past the first square on the board in putting together a budget we can see that the clear, unambiguous priority in our state budget is health. After that, $6 billion goes on education and training. So we are up, therefore—it is easy maths for most people but not for the opposition—to $7 billion plus $6 billion for health and education and GST of $8.3 billion. I point this out because those opposite seem to now be pursuing a policy where they believe they can do everything by doing nothing. They believe there is no ability whatsoever in their plans to raise any tax, to receive any money from the GST and to ever make a decision about an asset. They believe that in the end the magic pudding is going to be the funding source. What we saw yesterday was this. Those opposite sat mute and absurd during question time. They could not say a thing about the asset sales because the new Liberals and the old Nationals had to go and have a dog fight. One part of the dog wanted to go one way and the other part of the dog wanted to go the other. John Howard used to say when in office that the state Liberal parties were an embarrassment. Now he would say that they are pathetic. There is no merger going on here. It is an asset strip. Everything the Liberal Party ever stood for is being sold off, hocked and put to one side as a new political party, without a leader, without a name and with only a philosophy that amounts to a pineapple tries to come over the top of the old Liberals. They sit there and squirm because they know they are betraying those whom they seek to represent. Aged Care Mr WELLINGTON: My question is to the Minister for Health. Recently, I met with some representatives from aged-care facilities who expressed genuine concern about the lack of new staff entering the aged-care field and the effect that staffing pressures have on the hospital system. I understand that some people occupy critical hospital beds primarily because nursing homes do not have the capacity to care for them. Will the minister and his ministerial colleague the minister for seniors receive a delegation of aged-care representatives to assist them in preparing a whole-of-government response for the next meeting of the state, territory and Commonwealth ministers? 1040 Questions Without Notice 16 Apr 2008

Mr ROBERTSON: I thank the member for the question. This is indeed a very important issue, albeit one for which the federal government has principal responsibility. However, the member’s comments are correct. On average, on every night in Queensland public hospitals there are around about 450 acute beds occupied by the aged and frail—the aged and frail who should be in nursing homes or other facilities and being provided with the care that they require. Lest anyone think that that figure is somehow heartless—that we are trying to push the old and the frail out our hospital doors—I point out that we count that number after they have already spent 35 days occupying that hospital bed. It is not a case of calculating the number of aged patients who have had an operation and trying to get them out the back door as quickly as possible. We count that number after they have already spent 35 days occupying a hospital bed. That is why the announcement by the Rudd government when it was in opposition about providing additional care places in communities right throughout Australia is so welcome. We estimate that our portion of the additional transition-care places that have been announced by the federal government will be around the 400 mark. That will go a long way to meeting that particular pressure that already exists in our hospitals where the aged and the frail occupy so many of our acute care beds every night of the week. So there are things happening. However, there needs to be reform of the funding model that is provided to the private aged-care sector. As I understand it, whilst the economies are pretty good when it comes to the subsidy from the federal government for providing low-care places, it is when they get into the high-care bracket that the current subsidy from the Commonwealth government does not meet the costs involved. That is a real issue. That is acknowledged, member for Nicklin, as an issue that is really impacting on the ability of the aged-care industry to offer a range of products—not just low-care places but high-care and transition-care places. I hope that, as a result of the very strong relationship we have with the Commonwealth government, we will be able to address these issues over time. The Rudd government has been elected with a range of specific policies that will go some way towards addressing those issues. However, there are other issues that I hope it will turn its mind to in coming up with a viable and sustainable aged-care policy, not the one that was put in place by disgraced Senator Santo Santoro when he was in the chair that has contributed so much to the mess the aged-care industry is currently in in this country. Mr SPEAKER: Honourable members, I would like to welcome a further group of teachers and students from Our Lady of the Rosary School in Kenmore in the electorate of Moggill which is represented in this House by Dr Bruce Flegg. Health Action Plan Mrs SCOTT: My question is to the Minister for Health. The minister would be aware that it is now 2½ years since the state government launched its five-year $10 billion Health Action Plan. Could the minister inform the House what improvements the government has delivered at the halfway point of this landmark plan? Mr ROBERTSON: I thank the member for Woodridge for this question, because we are indeed at the halfway point of our five-year $10 billion Health Action Plan that was launched by me, former Premier Beattie and then Treasurer, now Premier, Anna Bligh in October 2005. I am pleased to report that Queensland’s public health system is now better resourced, more responsive, more patient focused and more accountable to public scrutiny than it was before our $10 billion action plan commenced in October 2005. For instance, we now employ 1,552 additional doctors, 4,865 additional nurses and 1,795 additional allied health professionals than we did in mid-2005. Whilst we have recruited far beyond our initial expectations, we have also seen a massive increase in hospital activity. In 2007, we set records for the most number of people admitted to hospital and the most number of patients treated in emergency departments in a year. We saw some 842,725 admissions, which is a 6.1 per cent increase on the 2006 figure and which is about three times greater than our population growth in Queensland. That tells us a lot about not only the pressure that our hospitals are under but also how we are responding to those pressures. Emergency departments have also seen numbers soaring to record levels. Last year, a total of 929,093 people were treated in our major emergency departments—an increase of 8.7 per cent on the 2006 figure and four times the population growth. Despite peak demand in emergency cases, elective surgery procedures have also increased. In 2007, some 113,406 Queenslanders on the waiting list received their elective surgery. The Bligh government is building tomorrow’s Queensland today through a number of major health infrastructure projects. Already we have in place a $5.1 billion capital works program, and planning and design continues for the new 750-bed Gold Coast university hospital to open in late 2012. Planning is also underway on the new tertiary hospital on the Sunshine Coast to open in 2014 and, of course, the flagship Queensland Children’s Hospital. Just yesterday we added another $900 million to that $5.1 billion capital works program, with major projects announced throughout regional Queensland. 16 Apr 2008 Questions Without Notice 1041

We are also delivering reform to take pressure off our busy hospitals. More than 320,000 Queenslanders have called for medical advice from the state government’s 24-hour 13HEALTH service since it began operating in April 2006. Importantly, we have a new, tougher independent watchdog, the independent Health Quality and Complaints Commission, with more resources and more powers than its predecessor. We have involved the community in how we run our health services as well. In July 2007, 36 health community councils were established to play a key role in community engagement and the governance of public health services.

Mount Isa, Lead Levels Mr LANGBROEK: My question is to the Premier. Recent reports have indicated that around one in 10 children under the age of four living in Mount Isa have lead poisoning, with levels well above World Health Organisation standards. More than a decade ago the Labor government said that it was keeping a watching brief on high blood lead levels in Mount Isa children. I ask: will the Premier today direct her health and environment ministers to not take the information their departments gathered over the past decade to cabinet and lock it up under freedom of information provisions and inform the House what her government has done to address this risk to public health?

Speaker’s Ruling, Question Out of Order Mr SPEAKER: There is a motion before the House and your question to the Premier is related to the motion that will be debated in the House tonight. Mr LANGBROEK: Mr Speaker, with respect, it is a different matter to the matters that are referred to in the motion. The latter part of the question is referring to what the government has done about this risk to public health. Mr SPEAKER: I believe the matter is before the House. It is going to be debated for an hour tonight. In essence, the debate will be held tonight and I rule the question out of order.

Payday Lending Ms STRUTHERS: My question is to the Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland. Can the Attorney-General inform the House of the process the government followed before deciding on an annual 48 per cent rate cap inclusive of interest, fees and charges for payday loans? Mr SHINE: I thank the honourable member for her interest in vulnerable people, both since being in this House and before she was elected. As the Premier announced earlier, I will be introducing a bill later today which, if passed, will legislate for an annual rate cap of 48 per cent on the cost of consumer credit, inclusive of fees and charges. We are introducing this cap to help protect vulnerable consumers from excessive fees of up to 1,600 per cent charged by unscrupulous lenders. We are determined to help people get off the credit merry-go-round and back on their feet by removing the oppressive interest, fees and charges imposed by small-amount lenders. This legislation has been some time in the making, but it covers a complex area. It took a lot of consultation with various stakeholders before we arrived at our decision to impose a rate of 48 per cent inclusive of interest, fees and charges. Lenders have conducted a sustained campaign against this legislation and have claimed that many of them will go out of business if we impose this rate cap. We acknowledge that some businesses will be affected by this decision. However, a larger number of people will benefit from being free of the excessive interest, fees and charges imposed by some operators. In making this decision, we had to consider the facts given to us by groups like Legal Aid Queensland, which told us that last year around 1,000 people sought help from Legal Aid to deal with issues surrounding excessive interest imposed by payday lenders. Of course, these are only the people who have come forward for help. We believe that they are just the tip of the iceberg, with many other people too embarrassed to seek help. Part of the reason we have taken some time to introduce legislation for a rate cap is that we had to look at what was happening internationally and interstate and to find out how their systems had worked. For example, Victoria introduced a 48 per cent cap in interest, but payday lenders got around that by introducing excessive fees and charges for payday loans. The bill I will introduce addresses that issue by incorporating interest, fees and charges in the 48 per cent cap. During their sustained campaign, payday lenders had customers write to me complaining that they would not be able to access funds if we introduced the cap because payday loans would no longer be viable for lenders. The lenders were telling these people they would not be able to access money. Based on international and interstate experience, not all lenders would leave the market. There are also viable alternatives. 1042 Questions Without Notice 16 Apr 2008

As the Premier has announced, the government will spend $1.2 million over two years to help expand the system of no-interest loan schemes in Queensland. The funding will be utilised by the Good Shepherd Youth and Family Service to administer no-interest loan schemes through around 20 community groups in the state. I thank the National Australia Bank, which has committed $1.9 million towards the scheme in Queensland. The money can be loaned again once it is repaid by a borrower. These loans will not be granted for personal or luxury items but will be available to vulnerable people. Woorabinda, Child Protection Mrs STUCKEY: My question is to the Minister for Child Safety and Minister for Women. Queensland Health has admitted to providing contraceptive implants to children as young as 12 at Woorabinda. The minister’s own department admits only about 10 per cent of sexually abused children received counselling through its specialised service. Yesterday the minister said her department will not hesitate to put the safety of children first. As the minister’s department is clearly aware of this practice in Woorabinda, where is her duty of care in monitoring sexually transmitted infection, sexual abuse counselling and basic child protection? Mrs KEECH: I thank the member for the question. I have some comments to make with respect to the allegations that the member for Currumbin made after her travels to Woorabinda while on her mini listening tour with the Leader of the Liberal Party. The Department of Child Safety takes all allegations of abuse seriously, whether they involve sexual, physical or emotional abuse. When concerns are brought to our attention, the department will not hesitate to take the appropriate action. But my department can only take action when these concerns are brought to its attention. When departmental staff are made aware of under-age people engaging in sexual activity, this information is referred to police, as is required by the Child Protection Act. I have asked the department about Woorabinda and I can confirm that in cases where it has been brought to our attention that young people have sought contraception through discussions with their doctors, with family and with counsellors, those instances which have been brought to the attention of the department have been referred to the police. The Department of Child Safety can only intervene if a child does not have a parent willing or able to protect them from risk or harm. In instances where parents have brought their children to doctors, obviously there is a parent who is prepared to provide support and protect the child from harm. It is not always the case that when a child under the age of consent has sought access to contraception that this child does not have a parent who is willing or able to provide protection for them. Despite the allegations of the member for Currumbin, accessing contraception is not always an indication that a child is being harmed or at risk of harm or that they are even being neglected by their parents. Mrs STUCKEY: I rise to a point of order. I find the minister’s words misleading and I ask her to withdraw. Mr SPEAKER: There is no point of order. There is no personal reflection. Mrs KEECH: Under the Child Protection Act, where there is a suspicion of criminal activity with respect to under-age children, the department has a statutory obligation to report this to the police. There is a very clear process of faxing information to the police. Child safety officers will ring the police to ensure that that information has been provided and they will ask for additional information. Inner Northern Busway Ms BARRY: My question is directed to the Minister for Transport, Trade, Employment and Industrial Relations. I understand that the state government’s $333 million Inner Northern Busway is due to open next month. Can the minister please provide the House with details on how this latest addition to Brisbane’s busy network will help fight congestion on our streets? Mr SPEAKER: Before the minister answers that question, I welcome students from Woodcrest College who are in the chamber today. Woodcrest College is in the Bundamba electorate which is represented in this House by Mrs Jo-Ann Miller. Mr MICKEL: Members can imagine my surprise when I read the Australian Financial Review today to see the words of the Leader of the Opposition that ‘they haven’t built anything.’ I guess he could be forgiven for that because perhaps he has not gone underground under the CBD to see what has been built, I am told ahead of time and right on budget. I am pleased also to advise the House that the Premier will be hosting a public day on 4 May to uncover, for the Leader of the Opposition at least, what everybody else in the world knows about—that is, the Inner Northern Busway. The Inner Northern Busway—which has never been built, according to the Leader of the Opposition—will only carry 1,600 bus services each weekday. The two new bus stations at Roma Street and King George Square will only carry 50,000 passenger movements a day. We have built nothing, but only 50,000 people a day will know about it. I hope the member for Aspley keeps it a secret! The addition of the busway station at Roma Street will make this station the best example of bus and rail integration in this country. But we have built nothing. 16 Apr 2008 Questions Without Notice 1043

It is a bit like the Life of Brian. What have the Romans ever done for us? Well, they have built the busway. What else have they done? It will carry 1,600 bus services a day. Yes, but what else have they done? Oh, it will carry 50,000 people a day. Yes, but what else have they done? The bus and rail interchange is only the best in the country. Mrs Reilly: What else have they done? Mr MICKEL: You are as bad as the Leader of the Opposition. Mr Lucas: The Salisbury to Kuraby railway line. The member is nodding now. Mr MICKEL: The minister knows all about the Salisbury-Kuraby railway line. The 1,600 bus services each weekday will meet 500 urban rail services. That is what else we have done. Intra and interstate rail services and long distance coach services, that is what else we have done. An honourable member: But what have the Romans ever done for us? Mr MICKEL: What did the Romans ever do for you? TransLink’s Inner Northern Busway will soon provide more than $5 million in new bus services in partnership with the Brisbane City Council. This is the largest single improvement in services since TransLink was established in 2004 and includes three brand-new routes. It is not often recognised that when TransLink was launched there were 1,493 buses operating. There are now 1,934 buses across the TransLink network, an increase of 441 buses. That is what the Romans have done for us. Gatton Street Sprints, Urban Fire Brigade Mr RICKUSS: My question is to the Minister for Emergency Services. On the weekend of 29-30 March this year the Gatton Street Sprints, a non-profit organisation assisting Endeavour, rural fire brigades, the Lockyer High School and other charities, were held as they have been held every year. The organisers asked the auxiliary urban fire brigade to be present at the event in case of an accident. Why, for the first time ever, were the organisers of this community charity event asked to pay $6,000 for them to attend the event and when did the fire service change its policy on assisting non-profit community groups? Mr ROBERTS: We always acknowledge the great work that volunteer groups do in our community—in particular, our auxiliary firefighters, of which we have about 1,800 throughout the state. As members of this House are aware, both permanent and auxiliary firefighters spend a lot of their time, both on and off duty, contributing to community education and other initiatives throughout the community. I have not had this particular matter drawn to my attention that I can recall, but I am happy to look into it if the member provides me with further detail after question time. Late last year I wrote to every member in this House and offered them an opportunity to have matters such as this clarified through the office of my director-general. Every single member received a personal letter from me saying that if there were particular issues in their electorate of a specific nature, which are often very difficult to respond to in question time because they are very specific to a specific location, they should contact my office. I have given a direct contact in the director-general’s office and a direct contact person in that office. In future, if the member wants specific details of this nature it would be more helpful in terms of providing a response if he provided that information through that channel. I am happy to look into the matter and provide the member with an answer after question time. Gold Coast, Infrastructure Mrs SMITH: My question is to the Minister for Public Works, Housing, Information and Communication Technology. Like most Gold Coasters, I was astonished to hear the Leader of the Opposition claim that this government has not built anything. There are plenty of examples on the Gold Coast to disprove this. Can the minister provide the House with some facts to refute his claims? Mr SCHWARTEN: I share the astonishment of the honourable member, because obviously she has eyes, just like the member for Robina who last night praised the $160 million Skilled Park stadium. But the stadium does not exist, according to the Leader of the Opposition. Obviously the convention centre at the Gold Coast does not exist, either. What else have we got? The $6 million Southport Police Station; that does not exist. Ms Bligh: The desalination plant. Mr SCHWARTEN: The desalination plant; of course that is a mirage. The $18 million Tallebudgera Recreation Centre does not exist either. Talk about conspiratorialist theories! No wonder they call him ‘Loopy’ Laurie. The reality is that if he keeps on like this he will be in one of those facilities that we have just spent $4.5 million on—that is, a hospital. I have page after page after page of projects that would just about take me all day to read out. Let me pick out a couple of them. Mr Springborg interjected. 1044 Questions Without Notice 16 Apr 2008

Mr SCHWARTEN: I know the opposition leader is laughing at this. He cannot do anything else because he is so embarrassed by his own stupidity. He is sitting there giggling like a madman. I do not blame him for doing that. It is his only resort. Mr DEPUTY SPEAKER (Mr English): Order! Minister! Mr SCHWARTEN: I did get a little carried away with his madness. I can get a car to take the honourable member up the road to 63 George Street, which a $45 million refurbishment project, then over to Boggo Road which is a $290 million project and on to the Queensland Health Scientific Services building. Another project at the Boggo Road precinct is worth $45 million. There is an ongoing project at the State Archives Building, which is where the Liberal Party will be soon if the member opposite has his way. The new Townsville women’s correctional centre is a $125 million project. Obviously when the member toured that project he did not take much notice of what was going on. The Townsville men’s correctional prison is a $140 million project, and the contract has been awarded to Baulderstone Hornibrook, which is well and truly on the way to completing it. Mr Springborg: Was that built just to lock your colleagues up, was it? Mr SCHWARTEN: The member should just sit and listen so that he does not make a mug of himself again, as he did when he made the idiotic statement that we have built nothing. No-one with any nous whatsoever would ever make that statement. He wants to be the alternative Premier of this state, yet he makes these wild and loopy claims. He should sit and listen to the message so that he does not do it again. I have already mentioned Skilled Park. Today we can arrange to get the honourable member out to the Tennyson State Tennis Centre. Work is well underway on that $82 million project. Over $100 million is being spent on stages 1 and 2 of the Prince Charles Hospital upgrade. Baulderstone Hornibrook was to have completed the first part of stage 1 by March 2008. The list goes on. The redevelopment of the Brisbane Supreme Court and District Court buildings and the Ipswich courthouse and watch-house are underway. The redevelopment of the Lady Bowen Precinct is very dear to my heart. That $7.36 million project is aimed at dealing with homelessness. Mrs Stuckey interjected. Mr SCHWARTEN: By the way, on the Gold Coast we have spent $94 million on housing that does not exist.

Palm Island Select Committee Mrs PRATT: My question is to the Minister for Natural Resources and Water. The Palm Island Select Committee report’s recommendation 14 urged the rationalisation of land tenure, not only for Palm Island but also for the 30-plus other discrete Indigenous communities in Queensland. In its tabled formal response the government stated— The Queensland Government supports this recommendation, the Department of Natural Resources and Mines will investigate the options and develop proposals for government consideration. It is now three years on and no tenure rationalisation options or proposals have emerged. Minister, what options and proposals were put forward and, if none, what happened to recommendation 14? Mr WALLACE: I start by congratulating the honourable member. I believe she raised a decent sum for losing her hair for Shave for a Cure and I congratulate her on that. This government has been working very hard on those particular recommendations and tenure rationalisation. I ask the honourable member to hold on to her hat, because very soon we will have the response to those recommendations in this place. I hope that she will be involved in the debate on these very far-reaching changes to Aboriginal land tenure. This government makes no apologies for going out and consulting Aboriginal and Torres Strait Islander communities about their future. That is what we have done. Last year I issued a draft bill to Aboriginal and Torres Strait Islander communities and other stakeholders that recommended 99-year leases for housing in Aboriginal and Torres Strait Islander communities and 99-year leases for commercial operations in Aboriginal and Torres Strait Islander communities. This is the way forward to try to get some housing into Aboriginal and Torres Strait Islander communities so that local residents can have some ownership of their houses, be proud of their houses and help look after their houses. In that way we can develop a market in those communities involving local residents. This is about buying and selling, which is the same market that we enjoy in our communities. It is the same market in which we build wealth. My only wealth is the home that I own. We will allow that in Aboriginal and Torres Strait Islander communities. 16 Apr 2008 Questions Without Notice 1045

The other major change will be the 99-year leases for commercial developments. We want to encourage commercial enterprises that employ local people to locate to Aboriginal and Torres Strait Islander communities. Communities right across Queensland are wonderful places for commercial operators to locate to. Their natural characteristics lend themselves to commercial development. The land will be owned by the community and leased for 99 years, and that will be good news for the Aboriginal community as local people will be able to get good jobs in their communities. This is great news. I hope that the member for Nanango will play a role in that debate. I thank her very much for her question.

Rural Fire Service Ms MALE: My question is to the Minister for Emergency Services. Can the minister update the House on initiatives to support the valuable work of the Rural Fire Service? Mr ROBERTS: I thank the member for the question. As members are aware, every day of the year many thousands of Queenslanders stand at the ready to protect the life and property of Queenslanders, particularly in rural and regional Queensland. Of course, I refer to the 33,000 rural fire volunteers who are spread over 1,500 rural fire brigades across the state. Last weekend I had the opportunity to attend the rural fire brigade volunteer conference which was held on the Sunshine Coast. There were about 140 delegates or representatives at that conference from a range of rural fire brigades across the state. It was a great opportunity for rural volunteers to learn firsthand and to hear from the experts about some of the key issues facing firefighting services across the state. Also, they could see and experience some of the new technology and the techniques that we use, and strengthen the communication lines between the Rural Fire Service itself and the volunteer network. One of the significant events at that conference was the public signing of the first-ever Rural Fire Volunteers Charter. That charter is a public statement that records our government’s strong commitment to our rural fire brigade network and also our commitment to their ongoing support. The charter is a two- way street. It outlines the rural fire brigade and the volunteers’ commitment to work constructively and proactively with government to ensure the effective delivery of emergency services and rural fire services across the state. As I have said, we have more than 1,500 rural fire brigades across the state. I do not think I will ever get the opportunity to visit all of them, but I certainly make a regular habit of dropping in and meeting with our Rural Fire Service volunteers. In many respects they are the salt of the earth. It is not just individuals. Often we find that the husband, wife, son, daughter, grandson or granddaughter are involved as well. There is a very strong community spirit amongst the rural fire brigades and they deserve all the support we can give. One of the recent initiatives of the rural division of our fire service is the production of a recruitment kit, which has been distributed throughout the state and is available for all brigades. It provides a broad range of material, posters and information which can be localised for rural fire brigades to use. A number of them have conducted quite extensive recruiting activities and it has been reported to me that it has been a very successful program. I encourage anyone in local communities who is looking for an exciting pursuit and a way to gain new friends to join the service. From the government’s point of view, we have also provided significant additional support to our Rural Fire Service. In 2006 an enhancement package was a catalyst for significant change in the service. One of the key initiatives was the appointment of 11 brigade training and support officers. Time expired. Mr SPEAKER: I welcome a further group of students and teachers from Our Lady of the Rosary School at Kenmore in the electorate of Moggill, represented in this House by Dr Bruce Flegg.

Water Resources Mr HOPPER: My question is to the Minister for Natural Resources and Water. I refer to the minister’s release of 10 megalitres of precious Kolan River water, which is equal to about a year and a half supply for the city of Bundaberg. The minister announced this on 1 April. The release dropped the Fred Haigh Dam level from 37 per cent to 30 per cent. What sort of April fool was the minister to allow the release on, to use his words, ‘environmental grounds’ when the region had just received the best rainfall for years? Mr WALLACE: The real April fools were the people of Bundaberg and the surrounding region who listened to the member for Darling Downs. The last thing that I or this government will do is allow our rivers to become another Murray-Darling. It is the last thing that we will do. We will allow our rivers to have environmental flows as agreed in resource operation plans. 1046 Private Members’ Statements 16 Apr 2008

The irrigators around Bundaberg have done it tough, but they are now on 80 per cent of their allocations. SunWater is providing 100 per cent of urban and industrial water allocations in this area. However, another local group has taken exception to the comments of the member for Darling Downs. What local group is that? The fishermen, who know the importance of environmental flows in that stream. Those fishermen rely on environmental flows for vital fish breeding and they have agreed with these important rules, which were initially agreed to by irrigators and locals in the area. Opposition members interjected. Mr WALLACE: Why do they hate fishermen? Why do they hate fishermen and fish? Opposition members interjected. Mr WALLACE: They hate them. Listen to them. They hate the trees. They want to cut down the trees. Now they want to kill the fish. They hate the environment. But we on this side will not stand by and see another Murray-Darling. We will protect our wonderful natural assets. As my old granddad said, ‘Drought on land, drown at sea.’ We need these environmental flows to look after our wonderful natural habitats. Water from the Kolan River feeds the declared fish habitat area and that is very, very important. These rules were agreed to by local residents and local irrigators. We will follow these rules right across Queensland and protect our wonderful environment. Mr SPEAKER: Honourable members, that concludes question time.

PRIVILEGE

Patient Transport Hon. S ROBERTSON (Stretton—ALP) (Minister for Health) (11.30 am): Mr Speaker, I rise on a matter of privilege. I refer to the question asked by the member for Southern Downs earlier today. Queensland Health advises that Mrs Phillips was seen and discharged from Gympie Hospital yesterday. Mrs Phillips was first assessed by a CHIP nurse—that is, a Community Hospital Interface Program nurse—and referral made to Kilkivan home care for additional home services. At this time arrangements to get home were discussed and Mrs Phillips advised that the emergency staff had contacted someone and arrangements were being made for someone to pick her up. She said she had friends that could pick her up. Mrs Phillips’s friend was contacted and she indicated that she would make arrangements for her to be picked up. Mr Gibson: Why ring the local member? Mr SPEAKER: Order! This is a matter of privilege. Mr ROBERTSON: Mrs Phillips was given tea and sandwiches while she waited for her lift home. A taxi then arrived to pick her up and the driver said the local member was paying for her to get home. The hospital has a policy to provide transport if a patient has no means of getting home and would have done so if not informed that a friend was able to pick her up.

PRIVATE MEMBERS’ STATEMENTS

Delays in Criminal Proceedings Mr McARDLE (Caloundra—Lib) (11.31 am): The delay in finalising criminal proceedings is in part—and I stress in part—because on many occasions defendants delay a plea of guilty until the very last moment. This delay can extend trials and hearings for up to 12 months and put a large financial burden on the state with regard to having these matters mentioned, adjourned and then finally dealt with, together with the emotional situation that exists for victims of crime and their families in the matter being drawn out for such a lengthy period of time. In fact, we can all relate stories to the House of people who have been to our offices concerned about the delay or more importantly concerned at the end of the day that a person enters a plea of guilty. Under section 13 of the Queensland Penalties and Sentences Act, a plea of guilty is required to be taken into account to assess the final penalty, but of course in that particular section there is no discount rate applied or referred to. The New South Wales government now has before it a bill that does in fact look at a discount rate in certain circumstances with regard to certain types of criminal offences and that discount rate reduces as the trial date approaches. The initial position is that if a person pleads guilty in New South Wales before committal there is a discount rate of 25 per cent. If a plea of guilty is entered after committal, the discount rate is then only up to 12.5 per cent. That is also linked to other factors to be taken into account to determine what rate up to 12.5 per cent will be allowed as a discount. Those factors incorporate the saving of time and resources. 16 Apr 2008 Private Members’ Statements 1047

The principle here is clear in that there is incentive for people to plead guilty early to indictable offences and plead at the first available opportunity. The scheme as outlined in New South Wales certainly may not apply wholeheartedly here in Queensland, but it is one system of modification that we should look at in the event that it can apply to the Queensland judicial system. Time expired.

Brunswick Street Railway Station Ms GRACE (Brisbane Central—ALP) (11.34 am): It is with a sense of pride and great pleasure that I can announce today the successful completion of phase 1 of the $30 million-plus redevelopment of the Brunswick Street Railway Station in the Valley. The 30-year-old station was certainly due for a makeover, and on 31 March platforms 3 and 4 got it and are now open for business, giving the Valley a new lease of life. The completed development will see commuters with millions of dollars worth of new access features including lifts, escalators and stairways. In addition, thanks to new artworks, there is a wonderful facade paying homage to some of this city’s great home-grown talent. The new artwork on the platforms serves as a daily reminder to the commuters who use QR’s second busiest stop that opportunity, culture and community are available in abundance in Brisbane, especially for those who seek it out. Brisbane based artist Jennifer Marchant, who designed the artwork, said that quotes from the Andrew Stafford iconic book Pig City hover above and around soundwave patterns to ‘represent how the Valley has been integral to the development of Brisbane’s music’, capturing significant moments in time. Some of the quotes refer to bands specifically, including Savage Garden, Powderfinger, Regurgitator, Custard, the Saints and the Go-Betweens. Many are not aware they are all from Brisbane. The look and feel of this great city is changing. It is an exciting time to live in Brisbane, and this is just one more iconic step towards Brisbane being recognised as the world-class city that it truly is. I look forward to delivering more good news with the completion of platforms 1 and 2 currently being upgraded under the second stage of the redevelopment, due in December this year.

Ministerial Accountability Mr HOPPER (Darling Downs—NPA) (11.35 am): I am tabling four documents marked A, B, C and D which relate to a Department of Natural Resources and Water FOI search and the following FOI external review on sufficiency of search.

Tabled paper: Copy of part of a Department of Natural Resources and Mines Briefing Note headed ‘Recommendations of Referral Panel’ and overlaid note attached to the Briefing Note. Tabled paper: Copy of part of a Department of Natural Resources and Mines Briefing Note dated 16 July 2003 resulting from an FOI search in 2007, Department of Natural Resources and Mines Briefing Note dated 16 July 2003 resulting from an External Review on sufficiency of search in 2008 and extract of section 27(5) of the Water Act 2000. It appears that document A is part of a department of natural resources and mines briefing note. An overlaid note attached to this document indicates that the briefing note dated 19 April 2002 was lost until 30 June 2003. It appears that the briefing note was then sent to Minister Welford for notation on 1 July 2003. Document B is part of an updated department of natural resources and mines briefing note that is related to document A. This document was signed by Minister Robertson and his adviser and dated 17 June 2003. This document bears a ministerial office received date stamp that is partially obscured, making the date of stamping unclear. Document C was supplied after an FOI external review on sufficiency of search. The date stamp partially obscured in document B is not obscured in document C. Document C reveals two things. Firstly, Minister Robertson and his adviser signed and erred by dating the ministerial briefing note one month prior to its existence. Secondly, the above error only became obvious in 2008 after the FOI external review on sufficiency of search, as the original document supplied concealed this error. Document D is an extract of section 27(5) of the Water Act 2000. Subsection (5)(c) requires the minister to publish his decision in the gazette. Searches indicate that the minister failed to comply with this part of the Water Act 2000. In summary, the documents relating to just one referral panel recommendation appear to reveal an important document was lost for 14 months in Minister Robertson’s office. Minister Robertson and his adviser erred by dating a document one month before it came into existence. Information was concealed by the department during an FOI search in 2007 that would have otherwise highlighted the above error. Minister Robertson failed to comply with the Water Act 2000 by failing to publish his decision in the gazette. Time expired. 1048 Private Members’ Statements 16 Apr 2008

Whitsundays, Great Walks Ms JARRATT (Whitsunday—ALP) (11.37 am): I was delighted to host the Minister for Sustainability, Climate Change and Innovation, Andrew McNamara, in my electorate earlier this month, and like any good guest he came bearing a gift. The minister came to the Whitsundays to announce the Bligh government’s plans to commence work on four new Great Walks for Queensland. The new walks at Conondale Range, Cooloola National Park, Carnarvon National Park and the Whitsunday islands will add to the six existing walks and allow Queensland to showcase its beauty and diversity to visitors from around the world. The new walk in the Whitsundays is to be known as the Ngaro Sea Trail in recognition and honour of the traditional owners who have a long history and rich cultural relationship with the islands and seaways of the Whitsundays. The Ngaro Sea Trail is more of a hop than a walk as it leads people across and around three Whitsunday islands, taking in iconic views across Hill Inlet and Whitehaven Beach, as well as an opportunity to view ancient Aboriginal rock art, climb rugged headlands for spectacular views across turquoise waters and sail or kayak between beautiful tropical islands. Using either private vessels or commercial options, the trail will lead visitors through a series of short walks of varying degrees of difficulty on Hook, Whitsunday and South Molle islands. Camping spots are available for those who want to enjoy the trail at a leisurely pace. This will be the second Great Walk for the Whitsundays and I am pleased to say that the existing walk is growing in popularity as word spreads about how good it is. I am particularly pleased to know that the walk is being used by groups of schoolchildren whose teachers have recognised the great educational opportunities inherent in the walk. I place on record my enthusiastic support for the expansion of the Great Walk program. I believe it is a great way to encourage people to re-engage with our national parks and reap the benefits of physical activity in a way that also has benefits for the soul. I look forward to welcoming the minister back to the Whitsundays next year to officially open the greatest walk of them all—the Ngaro Sea Trail.

Leukaemia Foundation, Shave for a Cure Mrs PRATT (Nanango—Ind) (11.40 am): When a woman loses her crowning glory, as it is often called, it can be a daunting thing and it was for me. As members can see, I am sporting a new haircut. It started when a member of my staff informed me that an anonymous donor had offered $1,000 if I lost my hair for the Leukaemia Foundation’s Shave for a Cure. Instead of freaking out, as she had expected, I accepted the challenge but only on the condition that $10,000 was raised, not $1,000. We held a black tie gala dinner—among many other events—which Miss Universe Australia, Kimberley Busteed, attended as a special guest. Kimberley is not only beautiful but she is gracious, and it was through the telling of her brother’s battle with leukaemia, which he lost, that she touched the hearts of the guests at the dinner. They in turn became very generous and dug deep into their pockets. One Australian is diagnosed each hour and they may lose their hair as a side effect of potentially lifesaving medical treatment. Although I was quite prepared to lose my hair, I was nonetheless quite nervous as they worked on my hair on the day and put it into plaits to be sold off to anyone who wanted to have a chop at a pollie. A lot of people came up to me during that time and thanked me and told me I was very brave. The truth is that I was not. I was anxious and worried about stupid little things, like whether I had ugly bumps on my head and Volkswagon ears. In the few minutes it took for the clippers to remove my hair, I felt a gamut of emotions, from feeling scared and exposed to feeling exhilarated and totally humbled by the support. But mostly I was grateful that, when it came to losing my hair, I had a choice whereas so many people I had met over the past year did not. They were truly the brave ones. They had to fight a battle that some would win and others would not. A total of $24,900 was raised, with most of it coming from the South Burnett. It is their generosity that makes me so humble. To them and to all those who did contribute, I give my overwhelming thanks for their support. There were 40,000 people who took part in the 2008 Be Brave and Shave campaign. We simply hope that the small part we played will ensure that another step is taken on the way to a cure. I want to thank the Leukaemia Foundation for giving me the opportunity to realise it really is only hair.

Western Brisbane Transport Network Investigation Mr HINCHLIFFE (Stafford—ALP) (11.42 am): I wish to acknowledge the Western Brisbane Transport Network Investigation study, as ministers have mentioned this morning, and the network improvement options that have been put out for community comment. I advise the House that, on behalf of northside residents, I recognise the great opportunity that some of the proposed improvements represent in terms of returning our roads to the local communities. 16 Apr 2008 Private Members’ Statements 1049

I will work with northsiders to campaign to have as much as possible of any new road along the Trouts Road corridor built underground. Traffic is a major issue for the northside. We need dedicated options—especially tunnels—that get people where they need to go. Although the Trouts Road corridor has been preserved since the 1980s and identified in the Refidex, I understand locals may be concerned about the impact that a road might have on their quality of life. I have made it clear to my community and to government ministers that I think any new road should be built underground where possible to minimise disruption to the community and thus allow the remaining land to be returned to community use—either for family homes or, where appropriate, for green space. Further, I welcome consideration of a through-traffic tunnel under the length of Stafford Road. Returning this important road to the community of the inner northside would be a tremendous improvement for Stafford. The opportunities that such projects allow—in terms of a further enhancement to the commitment of this government to the northern busway along the Gympie Road corridor through the heart of my electorate—cannot be underestimated. I encourage all northsiders to get involved and have their say on the Western Brisbane Transport Network Investigation. I note that the term ‘western Brisbane’ may confuse people because they think west is anywhere west of where they live. We need to be engaged in this as northsiders. I encourage them all to complete an online survey, to visit the staff displays— including the one at Westfield Chermside from 6 to 10 May—and, finally and most importantly, to get involved. North Bank Miss SIMPSON (Maroochydore—NPA) (Deputy Leader of the Opposition) (11.44 am): The Bligh government does not know the difference between icon and eyesore. There is a gathering storm of opposition to the atrocious North Bank proposal, which not only will be a blight on the Brisbane CBD but has the potential to be a significant flood hazard. On 30 November 2007, the Premier issued a press release giving the green light to the design—a design which includes a 70-metre extension into the river and a platform covering about four hectares of river with extensive pier structures and other levels of walkways and incursions into the floodways beneath the platform. It is a substantial structure to place in a river which in flood time is a mighty force. The government talks of giving the river back to the people under its North Bank proposal—which ironically it will do if people are flooded. I think people prefer to see water in their rivers, not in their homes and businesses. They want buildings constructed to enhance their beautiful Brisbane city, not hide its heritage buildings and create canyons of concrete. Critics lining up against the North Bank proposal are numerous and credible, including the National Trust. Former Brisbane City Council engineer John Fairweather has said that anything to reduce the width of the river is ‘absolutely stupid’, as demonstrated by damage in the 1974 flood. In a Courier-Mail article on 5 April 2008, former principal of the engineering firm Cardno and Davies, Dick Laws, said that the project would reduce the flow of the Brisbane River. He said, ‘It’s not just stupid; it’s dangerous. Large parts of Brisbane upstream will be flooded if the river flow is impeded.’ Opposition has also come from former coordinator-general, Sir Syd Schubert, and from academic Peter Skinner, who is a former architect and head of UQ. In an article titled ‘The Premier who mistook a river for a vacant lot’, he outlined a number of concerns about the proposal. We need to see this proposal canned and the people consulted about the best way forward. The government needs to listen to the engineers about the flooding impact and overturn this proposal, which would potentially have an impact of disastrous proportions on the landscape and flooding in Brisbane into the future. Abandoned Animals Hon. DM WELLS (Murrumba—ALP) (11.46 am): The late Tom Burns was a great pet lover who while Deputy Premier encouraged the celebration of pet ownership. It would grieve him to learn that each year there are 42,000 domestic animals who are abandoned or who otherwise come into the care of the RSPCA and the Animal Welfare League. These organisations advise me that approximately 20,000 kittens per year are euthanased because no home can be found for them. The glut of unwanted animals is seasonal. Nearly all cats are born in summer, when the euthanasia rate for cats and kittens is somewhere between 60 and 80 per cent. The birth of dogs is less seasonal so the euthanasia rate is between 20 and 40 per cent. There is at least a partial solution—that is, to ensure that an animal is not transferred from one person to another unless that animal is desexed, except where the other person is a registered breeder. The government could legislate for this, but there is no point in this parliament legislating to desex creatures until they can be found. Of 157 Queensland local councils, 124 have a dog registration system, but amazingly only 11 of those 124 also require cat registration. In other words, we have a dog and cat problem and many councils are not even keeping track of it. Now that we have stronger councils, the opportunity exists for 1050 Private Members’ Statements 16 Apr 2008 councils to take constructive action. That might include keeping cats in their pounds, which not all councils do. It is not immediately clear why some councils hold the view that it is not their responsibility to impound cats. The consequence of a council failing to do this is that many cats become feral. I am advised that councils estimate that it would cost approximately $200 per feline for councils to catch, impound and if necessary euthanase each cat. However, the cost to the community of feral cats is likely to be a good deal more than that in the long run. The tragedy of abandoned, lost and feral animals is not just about humankind betraying its friends. Feral predators threaten native wildlife and detract from the sustainability of our environment. Many facets of this issue need to be addressed at the intergovernment level, and preferably in a bipartisan way.

Moreton Bay Marine Park Zoning Plan Mr HORAN (Toowoomba South—NPA) (11.49 am): We are reaching the final stages of the examination of the Moreton Bay Marine Park Zoning Plan and I want to speak about three things in the two minutes that I have. The first is that when an eventual structural adjustment package is put together it is absolutely essential that the committee that oversees that package includes fishermen who know intimately Moreton Bay and what effect these closures will have on their industry, people who represent the recreational and boating industries, and also someone who represents the Department of Primary Industries and Fisheries because it is responsible for sustainable fishing in the bay. Secondly, I want to talk about the issuing of licences. This draft plan has been put forward under the Marine Parks Act 2004. It is essential that licences which are issued once this plan comes into force are issued under the Fisheries Act, because that act has regulations which enshrine the property rights of fishermen in this state. It is the department’s responsibility to ensure the viability and sustainability of fisheries and to oversee commercial and recreational fishing, so it is essential that those licences come under that particular department. Finally, this Moreton Bay zoning must be based on proper science. It cannot be based on philosophy, or warm and fuzzy feelings, or taking a straight 10 per cent, or drawing straight lines. It must be based on science. The Moreton Bay alliance, representing commercial, recreational, boating and on- shore fishing in Moreton Bay and associated industries, has done some marvellous work with the science. It has done a better job with regard to riverine, estuarine and seagrass areas—which are the most important parts of the environment of the bay. I am asking the minister for sustainability to take notice of this very correct and accurate scientific study.

Pacific Motorway Upgrade Ms STONE (Springwood—ALP) (11.51 am): I have spoken on numerous occasions in this place about the need for the upgrade of the Pacific Motorway through Logan City. The upgrade of the Pacific Motorway has been a longstanding issue in the local community, and the state government has been working hard for a number of years on every aspect of this project, finalising plans for sections A and B from Eight Mile Plains through Springwood to Daisy Hill. The upgrade will address current capacity constraints that result in poor levels of service for motorists, inconsistent travel times and an increasing risk of accidents. In the face of increasing demands from a rapidly growing south-east Queensland population, the planned improvements are designed to alleviate these pressures. The Pacific Motorway Transit Project aims to move more people more efficiently by allowing for alternative sustainable modes of transport like cycling, buses and car pooling. The Springwood electorate is dependent on the Pacific Motorway, and as such I welcome the announcement of the planning for section C of the project. The Bligh state government has released draft planning options for improving 6.9 kilometres of the Pacific Motorway from Daisy Hill Road at Daisy Hill to the Logan Motorway at Loganholme. The improvements will form section C of the Pacific Motorway Transit Project, which is planning for upgrades to 16 kilometres of the Pacific Motorway through Rochedale South, Daisy Hill and extending further to Shailer Park and Loganholme. My parliamentary colleague the member for Waterford and I have written to residents encouraging them to visit one of the various public displays and talk to the Main Roads project team about the draft options. The Pacific Motorway is a major south-east transport corridor linking Brisbane and the Gold Coast and continuing on to the New South Wales border. The Pacific Motorway plays a crucial role in the overall road network in Queensland, linking transport spines like the Gateway Motorway and Logan Motorway. It plays a crucial role in the Springwood electorate. Public consultation is extremely important to this project, and I will continue working with the people of Springwood to ensure that their feedback will help refine the plans that ensure the best planning outcome possible for the local community and Australia’s road network. 16 Apr 2008 Private Members’ Statements 1051

Water Infrastructure

Ms LEE LONG (Tablelands—ONP) (11.53 am): The past several months have seen very good rainfalls over significant parts of the Tablelands electorate. Tinaroo Dam is at full capacity and has been overflowing the spillway since early March. The depth of water going over the spillway at one stage was around 1½ metres, so there was a lot of water going down the Barron and out to sea. This is an excellent position for irrigators, recreational users and the communities that rely upon it and its attached irrigation systems.

Koombooloomba Dam is also full. This dam’s main purpose is for hydro-electricity supply and also for recreation. Both of these dams were completed in the late 1950s and we, the people of the far- north, can only say a big thankyou and thank God for those wise men who went ahead with these projects back then. They got them built before the incoming Country Party government could hit them on the head, which is precisely what they did to the third dam of the trio designed to be constructed at the time which was to be on the Herbert River.

Besides flood mitigation for the Ingham district, the Herbert Dam would have supplied about double the amount of hydro-electricity that the Tully-Millstream scheme would have produced. Additionally, it was planned to construct about seven weirs upstream of the main dam wall, which would have enabled a huge area around Mount Garnet to be opened up to agriculture, horticulture and so on.

Dams in the tropical north are able to capitalise on the reliable monsoon seasons that regularly inundate the area. Tinaroo, in its fifth decade of service, has an outstanding record of meeting its consumer needs, yet those needs continue to grow as agriculture becomes more intensive, as crop types change and, significantly, as the population of the region continues to grow at a pace second only to the south-east.

The need for a significant new water storage facility is overwhelming in the far-north. Studies have already shown that a site at Nullinga on the Walsh River near Mareeba is very suitable. We must take a leaf out of the book of our forefathers of the fifties and build Nullinga so that future generations can also thank us for our foresight. The bitter lesson of the south-east’s water disaster must surely be that infrastructure needs to be built and in place before a crisis is reached. Nullinga must go ahead and it must go ahead now.

Skilling Queenslanders for Work Program

Mr HOOLIHAN (Keppel—ALP) (11.55 am): We are often assailed in this House by the opposition for not caring for or understanding Queenslanders. Obviously they have not got any real knowledge of the many ways in which this government does care and shows it. One of the ways is the Skilling Queenslanders for Work program, which is part of the $1 billion Queensland Skills Plan. That is designed to meet the serious labour and skills shortages which exist all over our state. A sum of $158,110 was recently funded in my area to give 10 jobseekers skills to prepare them for work in some of the areas of those shortages—for example, concreting and infrastructure construction, landscaping and general work practices. This funding is part of a $1.363 million grant to prepare 80 participants for work placement and 40 participants for work through job preparation activities, accreditation and work experience.

I must also pay tribute to the support received from the now defunct Livingstone Shire Council and Rockhampton City Council by the provision of the cost of machinery and materials, provision of staff and hire expenses. I look forward to working with the excellent staff of the now Rockhampton Regional Council to continue this cooperation. Those people recognise the value of this training, as many of the people trained are now employed by their councils. People who had been left behind by the system receive 16 weeks of full-time work and training which puts them back in the employable mould. It also helps people regain their pride and self-confidence. Thanks must go to the dedicated training people from Jobs Queensland and Smart City Vocational College. I participated in graduation ceremonies for these people, and the pride and self-confidence shown by these graduating people who have been reintroduced to work and trained in construction skills and horticulture are evident. Twelve months after receiving assistance, 67 per cent of graduates are in employment or further training.

During 2007-08 the Bligh government will invest $80 million in the Skilling Queenslanders for Work program to give an estimated 17,000 long-term unemployed and underemployed people job assistance—

Time expired. 1052 Private Members’ Statements 16 Apr 2008

Western Brisbane Transport Network Investigation Dr FLEGG (Moggill—Lib) (11.57 am): This morning the Deputy Premier told the House that in my submission to the WBTNI I should have already known the result of his study. I can tell him one part of his study that I do know the result of, and that is the absolute gem of proposing a 19-kilometre road to link the Warrego Highway and the Western Freeway. This is nonsense, and it has already been done. We went through this exercise with the Goodna bypass, about whether to bypass or upgrade the Ipswich Motorway. The argument is dead and buried. The upgrade is beginning. It is even more absurd to link a major interstate truck route with all its heavy vehicles away from the Logan Motorway, the preferred route, and dump them all on to the Western Freeway and straight into the heart of Brisbane. We have spent millions of dollars looking at western Brisbane bypasses. We now propose to spend more millions of dollars looking at something that the most cursory examination will tell you is a load of rubbish. The government needs to stop wasting its money in the WBTNI looking at nonsense and start spending its money looking at some real solutions for the Western Freeway, Moggill Road and public transport. We talked a bit about what is in the WBTNI recommendations. What is not in the WBTNI is just as important. We heard the minister for transport say today that he is building Australia’s best bus-rail interchange. He has also got Australia’s worst bus-rail interchange at Indooroopilly. The buses do not go anywhere near the train. That is why people are unable to use them. The WBTNI has not left in its consideration any innovative scheme. There is no consideration of any light rail or anything innovative— just existing corridors that are no longer relevant. Contemporary Music Strategy Mr WETTENHALL (Barron River—ALP) (11.59 am): Last Saturday I had the pleasure of representing Minister Welford at the first of a series of forums around the state that are integral components to the development of the Bligh government’s contemporary music strategy. The ideas and suggestions expressed at the forum will sharpen the focus on industry, audience and market development as well as opportunities for live music precinct creation through providing music-friendly regulatory environments. Queensland is a leader in this field, as the success of the Fortitude Valley precinct in Brisbane shows, following groundbreaking legislation introduced by the Labor government in 2006. Mr Frank Henry from the Brisbane City Council took the forum through the process of creating an entertainment precinct. I am sure his experience will be valuable if Cairns goes down this track. I hope it will. Holding the first of these forums in Cairns recognises that Cairns and tropical north Queensland in general, with its distinctive vibe, talented musicians, creative artists, high-profile events and festivals, is a powerhouse of potential. Cairns was selected to kick-start the statewide consultation following a delegation of musicians and music industry professionals I introduced to the Minister for the Arts at the Yarrabah community cabinet last year. I thank the minister for the keen interest he has shown in developing the potential for the live music industry around the state but particularly in the far north. Cairns is home to world-class musicians and I am determined to support them to expand their opportunities to work locally and entertain locals and tourists in comfortable and inviting venues for people of all ages and with a variety of musical tastes. Tourists will always visit the far north to experience our reef and rainforests, but I believe Cairns has the potential to gain the musical reputation like New Orleans and other cities around the world that are famous for their musical traditions, culture, venues and contemporary offerings. Not only will this be great for locals but we never know—the tourists who are the sightseers of today might become the sound seekers of tomorrow. Fraser Island, Dingo Fence Mr GIBSON (Gympie—NPA) (12.01 pm): I table the letter from the member for Moggill to the WBTNI. Tabled paper: Copy of a letter dated 8 April 2008 from Bruce Flegg MP to The Manager, WBTNI regarding a Moggill Pocket Sub- arterial from the Warrego Highway to the Western Freeway. I wish to make some remarks with regard to the Fraser Island dingo fence that is being installed around the Eurong and Happy Valley communities. The Fraser Island residents who live in these communities say that the dingo deterrent fencing around these towns is a waste of public money and assets and that the money would be better spent on roads and amenities on the island. They are also very critical of the lack of public consultation that has occurred with regard to these fences. For me there is the issue of the damage done to the fragile dune system by sending in a bulldozer to blaze a path for these fences. The destruction done is something that must be witnessed by one’s own eyes to be believed. I travelled there a few weeks ago to witness the destruction for myself and could not believe that the EPA had sent in a bulldozer to do this type of damage to Fraser Island. I also 16 Apr 2008 Consumer Credit (Queensland) and Other Acts Amendment Bill 1053 listened to the concerns of the residents of Happy Valley about the lack of consultation as this government goes about wrecking their community and their township. The minister keeps referring to the persistent, illegal and reckless feeding of dingoes in the township, but can he provide any evidence that this is currently happening? No. Has he provided any evidence that it has been a problem in the recent past? Again, no. Can he provide an audit of the effectiveness of dingo fences that are currently on Fraser Island? Again, the answer is no. Animal behaviourist Robert Appleby has spent thousands of hours filming dingoes and he has found that there is no question about the fact that dingoes are resourceful. So how do we know that these fences actually work? We do not. Now Time magazine is reporting to its worldwide readership the reverse zoo that exists on Fraser Island and describes it like a concentration camp. Indeed, residents have described it as like living in Guantanamo Bay. This is the tourism message that is now being sent out to the world by this Labor government: ‘Queensland—beautiful one day, a concentration camp the next’. Mr DEPUTY SPEAKER (Mr Wendt): Order! That concludes the time for private members’ statements.

CONSUMER CREDIT (QUEENSLAND) AND OTHER ACTS AMENDMENT BILL

First Reading Hon. KG SHINE (Toowoomba North—ALP) (Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland) (12.04 pm): I present a bill for an act to amend the Consumer Credit (Queensland) Act 1994, the Legal Profession Act 2007 and the Security Providers Act 1993 for particular purposes. I present the explanatory notes, and I move— That the bill be now read a first time. Question put—That the bill be now read a first time. Motion agreed to. Bill read a first time. Second Reading Hon. KG SHINE (Toowoomba North—ALP) (Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland) (12.04 pm): I move— That the bill be now read a second time. The bill amends three acts administered by my department. The first amendment is to the Consumer Credit (Queensland) Act 1994. The bill also amends the Legal Profession Act 2007 and the Security Providers Act 1993. On 13 November last year I informed the House of the government’s intention to deliver reforms to ensure Queensland consumers have access to credit at a fair and reasonable price. A cap on interest, fees and charges under credit contracts made in Queensland is a significant part of these reforms. Many Queensland consumers are suffering serious detriment from obtaining high-cost loans from lenders operating on the fringe of the credit market. Borrowers using fringe lenders are often low- income or disadvantaged consumers. Many have poor credit histories and seek credit in desperate circumstances when they are most vulnerable to exploitation. The high cost of the credit can severely limit a person’s ability to meet future household expenses and can lead to stress and health issues. High-cost loans also have broader social impacts, including an increased strain on community and welfare services and reduced consumer confidence. The bill amends the Consumer Credit (Queensland) Act 1994 to facilitate the introduction of a 48 per cent per annum cap on the cost of consumer credit in Queensland, inclusive of interest, fees and charges. The bill will clarify that a provision of a credit contract is void to the extent it imposes a monetary liability above the capped rate and that any excess amount that has been paid under a credit contract is recoverable by the borrower. The bill also notes that, in these circumstances, the credit provider commits an offence for entering into the contract. A regulation will be made after the bill is passed stating the maximum annual percentage or cap rate of 48 per cent and the methodology for its calculation. The proposed cap regime is similar to that imposed for credit contracts made in New South Wales and the Australian Capital Territory. The government decided to introduce a comprehensive cap after widespread consultation with the community, industry and consumer groups. There has been compelling support for the introduction of a cap. Community and consumer groups such as Legal Aid Queensland, the St Vincent de Paul Society, the Queensland Council of Social Services and the Queensland Consumers Association endorse the introduction of a 48 per cent cap on interest, fees and charges. Fringe credit providers have 1054 Consumer Credit (Queensland) and Other Acts Amendment Bill 16 Apr 2008 mounted strong opposition to a cap. Although there will be an impact on fringe lenders, especially those who currently offer small loans for short periods of time, the experience in New South Wales and in the United States of America has been that short-term lending has continued under a cap. My department has thoroughly analysed alternative ways to regulate the cost of credit. However, none of these options provides an appropriate level of consumer protection nor would they be as effective as a comprehensive cap in controlling the cost of credit. There are alternatives to short-term high-cost loans. A range of measures designed to assist and educate consumers, especially those who currently feel they have no choice but to take out these loans, will be implemented. A cap will send a clear message to lenders that loans in Queensland with excessive interest rates, fees and charges are not acceptable. The Legal Profession (Transitional) Regulation 2007 provides for two matters. Firstly, it provides for an exemption from the reservation of legal work to legal practitioners in section 24 of the Legal Profession Act 2007 for certain licensees under the Property Agents and Motor Dealers Act 2000. Secondly, it provides for the liability for the costs of a costs assessment to be determined on a basis that is consistent with the national model laws for the regulation of the legal profession. These matters need to be incorporated into the Legal Profession Act 2007 because the regulation expires on 1 July 2008. The Queensland Law Society and the Real Estate Institute of Queensland have been extensively consulted in the development of the amendments to section 24 of the act. I would like to record my sincere appreciation for their cooperation in this matter and the way in which they have participated in consultations. The purpose of the amendments is to ensure that activities commonly conducted by licensees in documenting real property transactions as part of their work as licensees under the Property Agents and Motor Dealers Act 2000 do not amount to engaging in legal practice. The Queensland Law Society would have liked some of the amendments to be more restricted. On the other hand, the Real Estate Institute of Queensland has been concerned to provide clarity for licensees that their longstanding involvement in documenting these transactions does not amount to engaging in legal practice and gives rise to potential prosecution. Given the volume of licensee transactions and the variety of circumstances that can be involved, it is not appropriate or effective to regulate the conduct of these transactions through section 24 of the Legal Profession Act. Licensees will still need to be careful not to provide legal advice or draft documents of such legal complexity that it would be reasonable to expect that a solicitor would undertake the work. If deficiencies are being identified in contracts or conditions used or altered by licensees, I would urge the society and institute to continue their cooperation in this matter and to discuss options for improving consumer outcomes with the Office of Fair Trading. At the request of the Queensland Law Society, the bill also includes an amendment to the Legal Profession Act 2007 to facilitate for the terms of members on the Queensland Law Society council to be for calendar years from 1 January 2009. The council will be able to make society rules of a transitional nature for this purpose. The Security Providers Amendment Bill 2006, passed by the House in March 2007, introduced licensing requirements for security equipment installers. Under these requirements, new sectors of the security industry will be licensed, including businesses which work within electrical contracting and locksmithing. In keeping with the overall framework of the Security Providers Act 1993, an age requirement of 18 years and over applies to applicants for licences in these new sectors of the industry. However, subsequent to the passing of those amendments, it became clear that the security equipment installation sector regularly engages apprentices and trainees, many of whom may not yet be 18 years of age, and are therefore unable to be licensed under the Security Providers Act 1993. As security equipment installation is not associated with physically maintaining order and control in liquor licensed premises, the age limit of 18 years is not directly relevant. The bill will provide certainty that trainees and apprentices under the age of 18 years may obtain a security equipment installer’s licence. This will have a positive impact on the continuing employment and training opportunities for young people. The Security Providers Amendment Bill 2006 also created new categories for security providers’ licences, including security officer licences for the service of providing guard dog patrols and electronic monitoring. An amendment to the Security Providers Act 2007 will make it clear that security officer licences can be issued for these specific categories. The Security Providers Act 1993 will also be amended to clarify that the ongoing training regime introduced by the Security Providers Amendment Bill 2006 will take into account all administrative licensing processes as intended by these amendments. In particular, the amendments will ensure that the chief executive does not need to ask security providers to show cause why the new ongoing training requirements should not be introduced, consistent with the government’s commitment to raise standards in the industry. The bill will make it clear that the training requirements are not subject to appeal. The amendments will ensure that new training requirements to improve operating standards in the industry can be implemented efficiently and quickly. I commend the bill to the House. Debate, on motion of Miss Simpson, adjourned. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1055

MINISTERIAL STATEMENT

Queensland Fire and Rescue Service; Queensland Ambulance Service Hon. N ROBERTS (Nudgee—ALP) (Minister for Emergency Services) (12.14 pm), by leave: The Queensland government respects the role of the men and women who serve in the Queensland Fire and Rescue Service. When a further wage rate increase takes effect on 1 July this year, the wage rates for firefighters and station officers will have increased by about 70 per cent since 1996, which is approximately 40 per cent above movements in CPI over that time. The provisions for superannuation are detailed in the 2006 enterprise agreement reached between the United Firefighters Union and the Queensland Fire and Rescue Service. In a ballot of firefighters on this agreement, 91 per cent of votes cast were in favour. The agreement’s clause 4.3, Occupational Superannuation, states— Effective from 1 July 2006, the employer contribution to employee superannuation shall equal at least 9% of ordinary time earnings as defined by the Superannuation Laws Amendment (2004 Measures No. 2) Act 2004. Where the employer contribution is higher, those arrangements will remain in place. In terms of the specifics of firefighter superannuation, I am advised by the Queensland Fire and Rescue Service that the implementation of the 38-hour week was introduced on 25 February 1998 along with a rotating leave roster and it was to be implemented on a cost-neutral basis. Firefighters work on average 42 hours per week on a continuous shift roster. Of that average 42 hours, two hours are recognised in terms of providing firefighters with accrued time to be taken at a later date and an additional two hours is paid for at the rate of time and a quarter and is known as the 38-hour week allowance. That and the other allowances paid to firefighters are all-purpose allowances which are provided to staff on all forms of paid leave. The 38-hour week allowance is the only one of the various allowances which make up the total rate of remuneration which is not superannuable. This is on the advice of QSuper, who advised during the initial stages of the implementation of the 38-hour week that the allowance did not meet their criteria as one which would be permitted to be superannuable. Another issue raised in question time today was about the provision of ambulance services at Richmond. At Richmond, there were 24 code 1 cases last financial year—an average of two per month. The number of code 1 and code 2 cases at Richmond in the last financial year was 50—around one per week. The total number of code 1 and code 2 cases across Queensland in the last financial year was 601,556. Richmond’s share of Queensland’s total code 1 and code 2 cases was 0.008 per cent. I have already indicated that the government is committed to recruiting an extra 255 ambulance officers this financial year. These additional ambulance officers and the Queensland Ambulance Service’s record budget are being directed to areas of greatest need. The question asked today by the member for Lockyer during question time is almost identical to one that appears on today’s Notice Paper. I urge the honourable member to get me the specific details on the particular claim he has made so that I can respond to both questions. To date, my office has not received any further information.

PAY-ROLL TAX (HARMONISATION) AMENDMENT BILL

Second Reading Resumed from 15 April (see p. 1017), on motion of Mr Fraser— That the bill be now read a second time. Miss SIMPSON (Maroochydore—NPA) (Deputy Leader of the Opposition) (12.18 pm): Under the Bligh government’s tax on housing, homeownership will be less affordable. That is what we see before us. I am calling the government to back down on its proposed changes in this bill as they affect dependent contractors, because this will have a significant impact upon housing affordability and small businesses. The building industry is warning that these changes could put up the cost of a new home by nearly $3,500. In contrast, in the explanatory notes the government claims that these amendments are revenue neutral. Yet in another part of the explanatory notes the government admits that it did not consult. In fact, in regard to consultation the explanatory notes state— To the extent that the Bill gives effect to State Budget announcements, public consultation was not necessary. The explanatory notes go on to state— Consultation on the other amendments contained in this Bill was considered either unnecessary or inappropriate. It wants to tell us that it is a competent government. The building industry is furious because it was not consulted about this legislation before it hit the decks. It is saying, from its own independent research, that this will have a huge impact on its industry alone. Master Builders had independent research undertaken by Reed Construction Data which shows that these Pay-roll Tax Act amendments will have an impact of about $88 million in new taxes on new homes and, I understand, even more 1056 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008 impact with regard to other areas of the construction industry. There will be an amount of $88 million in new payroll tax take out of the new home industry, but then there is the renovation industry as well, which is a billion-dollar industry, which would indicate that there would be more payroll tax implications for that industry. What about the general capital works budget of government and those people previously who were not captured by payroll tax who, under the redesigned definition of contractors, will be? Mr Rickuss: It is a lazy government that doesn’t understand. Miss SIMPSON: It has not done its job. It has become so arrogant with its majority and with this Treasurer that it has not done its job. It actually boasts about not consulting. It is time that it did consult and understand the implications of legislation and get it right before it brings it into this place. The Bligh government promised to improve housing affordability. It has come up with a wider tax net which will cost the building industry another $100 million in payroll tax. This will hit the building industry and homebuyers hard. Industry is warning that some businesses will go bust if they have existing contracts but have a payroll implication from today. Their contracts have already been written. They cannot pass these charges on if their contracts are fixed. The proposed changes to the Pay-roll Tax Act redefined thousands of dependent contractors as employees, making them assessable under the act. Treasurer Andrew Fraser put this bill into the parliament claiming that it has been done in other states. It is all a bit of a fudge in terms of whether this is part of the COAG process, but when one actually drills down and checks it out one sees that it is not actually a COAG suggestion. This does not come out of COAG. This has come out of Treasury, which thought it was a good idea: ‘Just tell people it is revenue neutral and do not consult and maybe they will not notice until they are hit with it.’ The building industry—and there are other industries—has risen up and said that this is going to have an impact and it has called for the government to reconsider this legislation. Queensland currently has no provision that imposes payroll tax on dependent contractors. Payroll tax is payable for employees only under the common law test, but tens of millions of dollars might now be payable, with huge cost implications for contractors. As I have mentioned, if they have existing contracts they will not be able to recoup these new costs. This will have an impact and could cause business collapse. Contractors who engage ABN labour-only subcontractors will get caught by this definition. I am advised that dependent contractors most affected will include carpenters, bricklayers, plasterers, painters, roofers, concreters and tilers. I will quote some examples provided to me by the building industry because they are most telling. One example it has put forward is that five large commercial wall and ceiling partitioning contractors who had met with the Master Builders had among themselves 750 ABN labour-only self-employed workers. It was estimated just for these businesses that if these payments were included as payroll then $3.5 million in tax was due and payable. In another example, Reed Construction Data, which was commissioned to examine the impact of the 4.75 per cent payroll tax on a 200 square metre, single- storey brick veneer home with a concrete tile roof, four bedrooms and ensuite, costed on the quarterly basis for four years, reported that the imposition of this tax equated to an additional $3,391, taking the total cost from $269,369 to $272,760, or a 1.24 per cent cost increase, placing even more pressure on housing affordability. This is an issue that is so pertinent to Queenslanders, so pertinent to Australians, that for the government not to realise this is most concerning. The government maintains that the building construction industry is a special case. I think we will find many other cases, too, when people become aware of this legislation. They were not consulted about this. The status of legal entities can change, with some people being employers, self-employed contractors and workers in the one financial year. As we know, it is not always the same entity that people operate under. This is a $36 billion industry with more than 20,000 new homes being built each year. Around 40 per cent of their costs are labour costs with 400 contractors declaring payrolls in excess of $1 million for WorkCover purposes. As members can see by this change in definition, there is the potential for quite a substantial increase in the number of people who are caught. At the end of the day it will be the homeowner who will really get caught as that is passed on. The minister’s second reading speech and explanatory notes refer to what other states do and whether they capture these types of contractors. We know that previously they were not captured in Queensland under this law and it certainly was not part of the COAG agreement that is coming up. We are calling on the Treasurer to eat some humble pie and go back and consult with the people who are affected. We would like to see amendments to this act so that these provisions are dropped. We would like to see the positive aspects of this bill brought forward in other areas, as my colleague the shadow Treasurer outlined. This bill covers a range of payroll tax changes, some of which are okay and have nothing to do with the contractors that I have just outlined. We believe that this issue is so serious that we cannot support this bill in its current form. The impact of this legislation as a total taxation change will be negative when we consider the impact on just one industry alone. This is not harmonisation; this is a horror story. This is a horror story that should never have seen the light of day and come before this parliament. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1057

We are calling for the government to back down and change these laws. We call on the government to get it right and to understand that bigger taxes on one industry, such as the housing industry, will have a bigger impact on the pockets of ordinary Queenslanders. Mr RICKUSS (Lockyer—NPA) (12.26 pm): I rise to say a few words on the Pay-roll Tax (Harmonisation) Amendment Bill 2008. I agree with the shadow minister and member for Maroochydore, who has just spoken. We cannot support this bill with some of the imposts contained within it. This Treasurer, who has bought a house since he has been in this parliament for roughly four years, can afford to buy a house on $120,000 plus a year. Now he is on $180,000 plus he can more afford to buy a house. But here the government is imposing probably a $3,500 to $5,000 impost on new home buyers. This is really unfair legislation. There has been no consultation. This lazy government has continued to blunder on with no consultation. It just shows how lazy this government has become. This will affect people all over south-east Queensland. The retrospectivity on the infrastructure projects will cost subcontractors millions of dollars. This is a retrograde bill. Self-employed people who are out there having a go will be caught up in this web and they do not even realise it is happening. The amazing part of it is that this lazy government has not consulted with anybody about it. It has not consulted a single soul and has just blundered through. The computer and software industry is full of contractors. It has such a broad stretch. I know there are some exceptions in the bill for the transport industry, but how will it affect people in the transport industry? It will be such a wide net. How could we possibly support this? Many large employers in my area complain about payroll tax. I realise that it makes up a good percentage of our budget. Payroll tax is not a tax on profit but a tax on expenditure. This is the greatest beef employers have. They can have a bad year and lose money and still have to pay payroll tax. Now the government will impose more tax on their expenditure. It is a frustrating tax. We cannot support it. The Pay-roll Tax (Harmonisation) Bill 2008 will cause very little harmony in the House or across the building sites of south-east Queensland when they realise what has happened here. Mr Shine interjected. Mr RICKUSS: I cannot support this bill. I hope that the Attorney-General with his interjection has a big pot full of money for his $100 handouts to all the people who will come to his office very shortly. I cannot support this bill. Mrs ATTWOOD (Mount Ommaney—ALP) (12.29 pm): The Pay-roll Tax (Harmonisation) Amendment Bill 2008 implements a package of measures to harmonise Queensland’s payroll tax arrangements with those of other jurisdictions, with effect from 1 July 2008. Over time each jurisdiction has amended its legislation resulting in differences in tax base and administration. These differences have been raised regularly by business as increasing compliance costs, particularly for those businesses that employ in more than one jurisdiction. Queensland has been working with all states and territories on a payroll tax consistency project to improve payroll tax alignment, covering an initial package of eight measures. Separately, New South Wales and Victoria further aligned their legislation from 1 July 2007. The 2007-08 state budget confirmed the adoption of the original eight consistency project measures and also that Queensland would consider the New South Wales-Victoria proposals, with the final package of measures to commence on 1 July 2008. This bill gives effect to the government’s commitment to adopt the consistency project measures as well as aligning in key aspects of the New South Wales-Victoria harmonised arrangements. The bill does not make any changes to the payroll tax rates or threshold. The harmonisation package changes affect the areas of taxable wages, exceptions, allowances and grouping of employers and the changes are expected to be overall revenue neutral. The changes will significantly reduce compliance costs and red tape for more than 7,000 businesses operating in more than one state. In addition, all Queensland businesses will benefit from the new exemptions, increased motor vehicle and accommodation allowances, the changes to the treatment of fringe benefits and the changes to the grouping of employment agent provisions. Payroll tax is chargeable on Queensland taxable wages at the rate of 4.75 per cent when the total annual Australian taxable wages of an employer, or those of a group of related employers, are greater than the threshold amount. The current threshold amount is $1 million per annum, having been increased from 1 July 2006 in the 2006-07 state budget, with the result that approximately 90 per cent of Queensland employers are not liable for payroll tax. Queensland has the lowest payroll tax rate in Australia and the highest threshold of any mainland state. However, different rules between the jurisdictions make it more difficult for employers who have to work out their payroll tax payable in more than one state. This bill amends the Pay-roll Tax Act 1971 to implement a package of harmonisation measures that will result in Queensland being aligned in key aspects with the harmonised payroll tax arrangements in New South Wales and Victoria. Changes cover taxable wages, exemptions, allowances and grouping of employers. The package is expected to be overall revenue neutral, as I have said. No changes will be made to the tax rates or threshold. 1058 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

The beneficial measures include increased accommodation and motor vehicle allowances, which will save employers compliance costs by aligning those allowances with certain Australian Taxation Office rates. Further benefits are provided to business by introducing a number of new exemptions for paid parental and adoption leave and for volunteer firefighters, emergency service workers, volunteer honorary ambulance officers et cetera. These new exemptions will help employers support family- friendly workplace arrangements and volunteer emergency services and ambulance workers who provide valuable assistance to the community. I commend the bill to the House. Mr MESSENGER (Burnett—NPA) (12.33 pm): In speaking to the Pay-roll Tax Amendment Bill I want to acknowledge the good work done by the shadow Treasurer, Dr Bruce Flegg, and the Deputy Leader of the National Party, Deputy Leader of the Opposition and shadow minister for infrastructure and planning, Fiona Simpson, and her staff. They have done a magnificent job of fighting their way through the government’s mistruths and deceptions and have exposed the harm that this legislation will bring to many small businesses and workers in Queensland. Indeed, it will contribute to the overall housing crisis that is fast developing and not being addressed by the government. The moment that I saw the word ‘harmonisation’ in the title of this bill, my ‘Labor spin doctors hard at work’ detector flipped into the red. ‘Harmonisation’ is the type of word used by the government’s spin doctors and those opposite to deliberately disguise the real intent of a bill. It is a word constantly chosen by those skilled in the dark arts of PR to create a feeling of warm fuzziness in the casual listener of a radio program or the reader of a newspaper while gently but quietly and deliberately deceiving us. If that unsuspecting casual reader were asked by their friend or partner to tell them what was in the paper, they would look at the headline on page 5 and say, ‘Not much, darl. The government is going to harmonise something.’ Their partner or friend would say, ‘Thank God for that.’ Then they would be left with the warm feeling that the Treasurer and the Premier have gone to the markets, got a great deal on Thai fisherman pants and a couple of packets of incense which they have taken back to cabinet. There they have made the Labor executive put on the Thai fisherman pants and have lit the incense and then they all sat in a circle and together chanted, ‘Om’. There you go! They have just harmonised payroll tax and probably fixed global warming at the same time. The casual reader of the newspaper headline would never suspect that the government had designed legislation that could collectively cost Queenslanders almost $100 million by adding $3,000 to $3,500 to the cost of building a new home. The casual reader would never suspect that the state government has slyly—or should I say ‘Blighly’—slipped its hands into the back pockets of 60,000 Queenslander contractors. The people who thought of adding the word ‘harmonisation’ to the title of this bill must have inherited the same genetics as the politicians and bureaucrats of Queensland’s early government of the late 1800s who described and explained away the premeditated massacre of Indigenous people as ‘dispersal’. Calculations were supplied by figures from the Master Builders Association, which confirmed that 60,000 self-employed contractors will be affected by this legislation. Currently there are 200,000 workers in the construction industry, 30 per cent of whom are self-employed. That is how the figure of 60,000 is arrived at. The figures have been obtained from the National Institute of Economic and Industry Research, which is an independent body. The Master Builders Association of Queensland and Cordell Housing special report of April this year states, in option 1, that the proposed changes to the payroll tax requirement would see the cost to homeowners increase by $3,391 from the base model. This interprets into a decrease—I repeat, a decrease—in affordability of 1.24 per cent from the base model. This cost comparison is based on the home being built by a medium to large builder using the assumption that, under the current standard practices, an average medium to large builder in Queensland engages subcontracted labour used in the list of trade categories for more than 90 days in a financial year and so would therefore attract payroll tax under the proposed changes. That is in black and white. This legislation is going to decrease housing affordability. How will members opposite go back to their constituencies and tell young people who want to buy houses, ‘Today we have just passed legislation that will make it definably and definitely more expensive for you to buy a house but we will take the money, thank you very much.’ The affected trades involve concrete, brickwork, carpentry, installation, joinery, hardware, roofing and roof plumbing, windows, doors, plastering, tiling, floor coverings, painting and external work. Members opposite have been very busy little beavers, slipping their hands ‘Blighly’ into the back pockets of all of those people. This legislation will ensure that every Queensland brickie, chippie, roofer, tiler, plasterer and painter employed as a subcontractor by a builder will cost more, but the money will not go into their pockets; it will go into government’s pockets through more taxes. The government states that this will be revenue neutral but an additional $100 million will be generated, and that is a conservative estimate. What about stakeholder consultation? It was not even considered necessary for this bill, which displays the level of arrogance of this government. It shows that this government has been in power for far too long. We can see the smugness of those opposite with their little grins and asides. They do not care about homeowners. They do not care about increasing the costs for young couples. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1059

There is also the housing crisis. One has to ask: why is the government doing this? It is because government departments are running out of cash. This government is in the process of running up $55 billion—$10 million a day in interest—on the state’s credit card and it does not have a plan to pay it off. It is just going to hand it to the children and grandchildren. Those people will be paying more and more for services and houses and they will be wondering why they are out of cash. Then the departments suddenly will not be able to provide services, such as police liaison officers, and there will be freezes, such as staff freezes at Bundaberg Hospital. All these combine to add up to the fact that this government is not managing the state’s funds properly, and it is raiding every hollow log to get the money to pay for the overexpenditure and mismanagement. The only reason this government would want to ‘harmonise’ anything—by the way, the government got the first four letters correct; it is ‘H-A-R-M’. It can drop all the rest. It is the government ‘harm bill’. Mr Fraser: Did you think of that yourself? Government members interjected. Mr MESSENGER: They did not like that one. Mr Gibson: It was simple; they could understand it. Mr MESSENGER: They could understand it, exactly. Mr Hinchliffe: You’re not W-R-O-N-G! Mr DEPUTY SPEAKER (Mr O’Brien): Order! The member is on his feet. Mr MESSENGER: Thank you for your protection, Mr Deputy Speaker. I appreciate it. It is worthwhile repeating to the House in this debate the views and thoughts of one of my local businesses regarding payroll tax, and I have said this in this House before. MacLennan Nominees, local citrus producers, were just one of many businesses feeling the impact of payroll tax. These employers only employ from the surrounding region of Kolan, Isis, Perry and Biggenden to keep our local people employed. During the picking season from April to October, the MacLennans average between 70 and 80 employees. In the off season between November and March they average 20 or 30 employees. Needless to say, their wages amount to in excess of $1 million per year and rising. But, thanks to the state government’s payroll tax system, their payroll tax invoice amounted to at least $15,000 for the last financial year! The senseless part of this is that they were taxed $15,000 just because they provided wages exceeding the exemption threshold of $850,000. The effect this is having on our employment is quite obvious and devastating. In their attempt to reduce payroll tax our local producers are constantly trying to mechanise the industry and cut back on staff and save wages. The MacLennans have so far developed a thinning machine, which has cut back on 15 jobs. Further staff cuts were predicted for February—that was in 2005—at the MacLennans due to the addition of another updated thinning device that was being constructed. So 15 locals from this one farm have found themselves back on the dole queue due to this tax, and who knows how many more will find themselves in the same situation. Imagine how many others have lost their jobs from other local farms because employers cannot afford the payroll tax associated with their business. I have to wonder whether this will be a continuous trend in years to come. I have an aspirational vision for Queensland where we do not have payroll tax, a tax on jobs. However, I, like every other member of this House, am faced with the reality that moneys generated from payroll tax are considerable. The Treasurer will probably correct me if I am wrong, but they amount to about $2.5 billion of state revenue—he nodded in approval. In order to responsibly realise the vision of a Queensland without payroll tax, much thought and public debate must take place. Answers must be found to two basic questions: can you responsibly take $2.5 billion from the state government budget and still guarantee good government and keep delivery of the essential social services—health, education, police, roads, Indigenous services et cetera—and, if $2.5 billion was taken from state government revenue in the form of the abolition of payroll tax, what sort of indirect benefit would flow to businesses, workers, job creation and government? A decrease in housing prices, for example? In the minister’s second reading speech he let the cat out of the bag when he stated, ‘The changes being implemented with the bill are expected to be revenue neutral overall.’ What if the bill is revealed to be revenue positive? Will the government refund the small businesspeople who have paid the new government tax? Has that clause been written into the legislation? Will he give a refund back to those young couples buying those houses? Will we be in this place in five years time or three years time or two years time debating a bill which apologises to new homeowners and business owners for charging them more tax? 1060 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

This government has deliberately designed a sneaky, tricky piece of legislation to increase taxes without the bad publicity. It did not have the guts to be open and honest. It tried to ‘Blighly’ sneak it through. Mr Stevens: Slyly. Mr MESSENGER: ‘Blighly’. Mr Stevens: I hear what you are saying, but slyly. Mr MESSENGER: Right, slyly. I take the interjection from the member for Robina. This legislation will add to the cost of housing and the housing crisis. I will not support this legislation. Mr GIBSON (Gympie—NPA) (12.45 pm): With housing affordability at record lows, interest rates on the rise and rents set to soar, we see this state Labor government’s approach to helping first time homebuyers access the escalating property market. It is a policy to implement changes that will result in increased home prices in Queensland. We have recently seen the federal government’s plan to ease the housing affordability stress through tax breaks to institutional investors who provide low-cost rental housing. Instead of supporting this federal plan, this government wants to put pressure back on to hike up property prices by going for a tax grab, not a tax break, from building contractors. The announcement by the Prime Minister recently to double the government funded national rental assistance scheme was to encourage the construction of 100,000 rental properties across Australia at 20 per cent below the market for low-income earners. In Queensland that will no longer be the case due to the actions of this state Labor government. The burden of this new tax will fall most heavily on home builders. It will fall on small, medium and even large businesses and it may force some of these Queensland businesses to the wall. The issues in this bill that relate to dependent contractors that will rip tens of millions, if not hundreds of millions, of dollars out of construction and home building in this state are an integral part of this bill. A special report by Reed Construction Data, commissioned by the Master Builders Association, reveals that the new tax legislation will increase the cost of an average four-bedroom low-set home by $3,391. This means a decrease in affordability for the average base model home of approximately 1.24 per cent. When you are struggling to enter into the home market for the first time, 1.24 per cent can stop you from doing it. It is as simple as that. We are at a time when housing affordability is being discussed as a major issue that we face across this nation, and the approach by this state Labor government is to put upward pressure on housing prices. The cost of the building that was assessed was based on a 200 square metre, four- bedroom, single brick veneer home in south-east Queensland. The average weekly earnings were based on gross average weekly earnings in Queensland. These are not inflated figures. This is not an organisation looking to milk something out of the government here. It is looking at trying to provide for ordinary Queenslanders. This government’s plans to amend the anti-employment payroll tax legislation will force builders to pay 4.75 per cent payroll tax for labour-only contractors who were previously exempt and will have a devastating effect on ordinary Queenslanders who want to enter into the home market. We have heard from many speakers that there is a great deal of uncertainty out there amongst industry groups—industry groups with the sorts of resources that could examine and scrutinise this measure that is being put up here. There is confusion. They have not been consulted, nor given enough time to properly consider it. The more those groups examine the legislation, the more unpalatable the dependent contractor provision becomes. It is nothing less than a direct attack on homebuyers. I am not sure who the Treasurer thinks bears the ultimate cost when we levy tens of millions of dollars in additional taxes. I know from my experience as the general manager at The Gympie Times that every time I provided my staff with a pay rise I needed to find that money somewhere and invariably it came from increasing prices, either of the paper itself or of advertising. The Treasurer talks about a magic pudding and how he is concerned about the coalition’s approach to finding money. The basic fact is that, when the government increases taxes, ordinary Queenslanders get hit by it. They are the ones who will be forced to pay for these additional revenue- raising ideas from this government. It is not good enough at this time. I understand this government has borrowed $55 billion. I understand that it has a $10 million a day interest bill and it is desperately looking for money to pay those interest-only repayments. But it is not good enough for the government to hit ordinary Queenslanders who want to enter the home market. The Executive Director of Master Builders, Graham Cuthbert, has said that the change will see new homebuyers hit with these additional costs as they are inevitably passed down the line to consumers. This is a tax that Queenslanders do not deserve nor need. I will be opposing it. Mr DICKSON (Kawana—Lib) (12.51 pm): I rise to speak on the Pay-roll Tax (Harmonisation) Amendment Bill. The issue we need to touch on today, and it has been raised by a few members, is the actual increase in the cost of housing. This is the real impact I need to touch on today. It is going to cost $3,391 for an average house. That is of great concern. This is where new taxes are being implemented, and that is what this is—a new tax. It is increasing taxes on the everyday mums and dads of Queensland. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1061

A lot of houses will be constructed in my area over the next 25 years. In just one particular component, there are 3,000 houses to be built. If we multiply that figure of $3,391 by the 3,000 new homes, it is nearly $11 million in just one hit. That impact will be felt by every single purchaser of a home in the future. My son recently got elected to the new regional council and is on $105,000 a year, but it will cost him over $700 a week out of his income to buy a house. What about these other people in our communities who are on $50,000 or $60,000 a year? What will this do to them? Will it drive them over the edge that little bit further? Everything is impacting on the mums and dads of this state. I ask the Treasurer to please consider pulling this part of the bill back because this is the thing that will push people over the edge. Every little bit hurts. It is like a compounding factor. One more piece of straw makes it a little bit heavier for the camel’s back, and this is what will happen to the people of Queensland. We hear so much about what this government does about building and constructing new buildings. I heard that from the Treasurer this morning. That is a good thing to a point, but what the government is doing at the moment is building new taxes. It built a tax for the increase of stamp duty on vehicles. This is another tax component on top of that. What the government is doing is building the hardship for the people of Queensland. I ask the Treasurer to please think about it and consider it because this is one step too far. It will push people out of the affordable housing market, and I do not think that is the right thing to do. I know that the federal government is trying to make affordable housing happen in this country but I do not think the Queensland government is doing that cause any good. I do not think it is doing the cause of Queenslanders any good. The impact on each and every single one of these people will be felt for many, many decades to come. So I ask the Treasurer to do the right thing by the people of Queensland. He knows that he can, but if he goes down the path of approving this bill, he will destroy many people’s lives and he will be responsible for them losing their houses in the future. So please think about it. Ms van LITSENBURG (Redcliffe—ALP) (12.53 pm): I rise to support the Pay-roll Tax (Harmonisation) Amendment Bill 2008. This is a bill that makes adjustments in the current payroll tax laws to harmonise our legislation with the legislation of the other states. It will also deliver real benefits for employers and can in turn enable them to be more competitive and provide another brick to strengthen our Queensland economy. The Pay-roll Tax (Harmonisation) Amendment Bill 2008 implements measures agreed early last year following a payroll tax consistency project undertaken by all states and territories to improve payroll tax alignment in relation to motor vehicle and accommodation allowances, fringe benefits, maternity and adoption leave, wages for work performed in another jurisdiction, grouping, employee share acquisition schemes and superannuation contributions. I will briefly focus on fringe benefits tax issues. This bill includes increases to motor vehicle and accommodation allowances. The current motor vehicle allowance that is provided is 50c per kilometre. This will be increased and linked with the large car rate prescribed by the Australian tax office, which is currently 70c per kilometre. This rate will be updated annually. Beneficial changes are also made to the way in which fringe benefits are valued for payroll tax purposes. Queensland currently requires employers to apply the same gross-up formula for payroll tax purposes as they use for calculating the fringe benefits tax. Under the Commonwealth fringe benefits tax legislation, there are two gross-up formulae that can be applied depending on whether an employer is entitled to claim a GST input tax credit. The type 1 formula grosses-up the fringe benefit at a higher rate than the type 2 formula. This is done to turn off the benefit of the GST input tax credit received by the employer. This recognises that an employee who purchased the good or service for private use would not have been entitled to the GST tax credit. Under this bill, Queensland will now only require employers to use the type 2 gross-up rate—that is, the lower rate. This will result in a lower fringe benefits value for payroll tax purposes and therefore reduced payroll tax liability, as well as result in compliance savings for employers. This will be an advantage for employers. With decreased payroll tax on motor vehicle allowances and accommodation allowances, employers will make savings which may allow their sales teams to travel more extensively or more often, thereby increasing market exposure for goods with the resulting likelihood that they may increase sales. This may impact on vital decisions about hiring staff or increasing salaries and benefits for employees. This in turn impacts on ordinary workers and families who depend on their jobs for their livelihoods and their ability to make ends meet. I know that some businesses and mums and dads in my electorate will benefit as a result of the impact of this payroll tax bill. At a time when business conditions have been difficult on the peninsula for some time, this payroll tax legislation will help them stay viable and retain skilled employees. In these times of tight family budgets, it is important for the government to do what it can to ensure that the economy and jobs are strong. I would like to congratulate the minister for this positive piece of legislation which ensures that our payroll tax is consistent with other states and helps to strengthen the businesses that are the heartland of our economy. I commend this bill to the House. 1062 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

Mr STEVENS (Robina—Lib) (12.58 pm): I rise to speak on the Pay-roll Tax (Harmonisation) Amendment Bill 2008. I am absolutely astounded at the Bligh Labor government’s lack of consideration for small business and the current housing affordability crisis because the government is placing another tax burden on the housing industry. The bill seeks to amend the Pay-roll Tax Act 1971 in the following areas: the motor vehicle allowance; the accommodation allowance exemption; the fringe benefits tax; paid maternity and adoption leave; bushfire fighting and emergency volunteers; honorary ambulance officers; the Community Development Employment Projects; new contractor provisions, which I will speak in detail on further in my speech; the employee share acquisition scheme; termination payments; superannuation contributions of non-employee directors; work performed in another country; wages grouping; and, finally, employment agents. As everyone would be acutely aware, the payroll tax is a state tax on the wages paid by employers. It is calculated on the amount of wages an employer pays per month. The Office of State Revenue is responsible for the collection of the payroll tax in Queensland. It is probably the most regressive, disincentive and employment-discouraging tax that has ever been invented but it is very much a pillar of this state government’s budget and it is hard to see it being removed as a revenue raiser in the short term. The payroll tax is chargeable when the total yearly Australian taxable wages of an employer or those of a group of related employers exceed the current exemption threshold of $1 million. According to the Office of State Revenue, the current payroll tax rate is 4.75 per cent. Sitting suspended from 1.00 pm to 2.30 pm. Mr STEVENS: To calculate the tax payable, you subtract the provisional deduction from the Queensland taxable wages and apply the tax rate to the balance. As we know, businesses pay heavily with this tax, as it is a significant tax on businesses on top of many other taxes that they incur. The state Labor government has to be broke to be bringing this in now, because it is pulling out all stops to implement ways to bring in revenue for the state by taxing businesses and Queenslanders as hard as it can. The government has received over the last few years, in particular since 2001, record levels of GST—which the state gets, as we know—record levels of resource levies, record levels of stamp duties and land taxes, and what has the government done with it? It has put us into $55 billion worth of debt. I can feel a Standard and Poor’s downgrade of our financial position coming on. The Beattie-Bligh Labor government has sold off nearly all its assets, such as Energex and the Golden Casket, and next will come the commercial arm of Q-Rail. Yesterday the Premier endorsed the state government selling off and privatising Cairns and Mackay airports, and the government’s 12 per cent stake in Brisbane airport, and is even looking to sell perhaps the port authority assets. Mr Fraser interjected. Mr DEPUTY SPEAKER: Order! Treasurer! Mr STEVENS: With a $10 million a day repayment on a debt of $55 billion, the state of Queensland is in dire straits. Is it any wonder that it is clutching at anything to try to service the debt that it has plunged Queensland into? Queenslanders will be paying off this debt for many, many years. When we get into government, there will be no assets left for us to sell, and it is the direct result of a state Labor government that could not even manage an MYOB budget and a state Treasurer experienced in operating only his piggy bank from school days. Everyday Queenslanders can manage a household budget, so why can’t this state Labor government? Heaven help Australia with the Labor Party governing federally and in the states as well. I do not think people realise the implications of this on our fiscal future and the future prosperity of our nation. I reckon it will take federal Labor about 12 months to send our economy into the red again after it took 10 years for John Howard to pay off the previous Labor government’s credit card blow-out of $96 billion. Mr Fraser: What’s John Howard’s view on selling airports? Mr STEVENS: I take the interjection from the Treasurer, because John Howard absolutely had to sell off the airports to pay off the $96 billion. That is exactly the problem which was inherited from a Labor government and its rampant spending. It is the same up here, Mr Treasurer. You have $55 billion of government debt and you have to try to find ways of paying it off so you can afford those hospitals. So thank you very much for that interjection. It was very appropriate. This bill has come about because of the differences in legislation in regard to the payroll tax of other states, in particular those wonderful Labor states of New South Wales and Victoria. According to the explanatory notes of the bill, states and territories have been working on an interjurisdictional consistency project to improve payroll tax alignment in a variety of areas which I have mentioned previously in this speech. Clause 8 inserts a different formula which is referred to as the type 2 formula that relates to the gross-up factor for payroll tax purposes. The type 1, or original, formula grosses up the fringe benefit at a higher rate than type 2. The amendment to the Pay-roll Tax Act 1971 requires employers only to apply the Commonwealth’s type 2 gross-up factor. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1063

In relation to motor vehicle allowance exemptions, from a recommendation by the Interjurisdictional Consistency Project, the motor vehicle exemption rate will be changed and linked to the large car rate prescribed by the Australian Taxation Office. This will move from 50c per kilometre to 70c per kilometre, which is updated annually. Without going into the other clauses of the bill which have been dealt with fairly extensively by other speakers, I would like to move to the other amendments in the bill regarding termination payments to non-employee directors, superannuation contributions for non-employee directors, work performed wholly or partly outside of jurisdiction, services performed in another country, wages—minor changes— grouping and employment agents. In relation to the housing industry, which is of particular concern to me, this amendment seeks to enforce payroll tax conditions on contractors in line with the states of New South Wales and Victoria. The impact on housing affordability will be immense. As the HIA—and those people are very closely involved in building, not putting a political spin on matters—has advised us, these changes could add up to $5,000 to the cost of an average new home in Queensland. I repeat that for the benefit of the Treasurer: this could add up to $5,000 to the cost of a new home in Queensland. He has been out there trying to beat the drum and tell all and sundry that he actually cares about the cost of new housing, which has skyrocketed beyond our wildest dreams, particularly for low-income people and particularly the young in the community trying to buy their first home. This invariably will mean increased charges which will filter down to the first homebuyer or the new homebuyer as the person who is left with the bill. It is just another tax burden on the housing industry as we know it, and everyone has identified that government charges are a big factor. Even the Premier herself accepted that government charges—federal, state and local—are a major impost on affordable housing. Doesn’t this out-of-touch state Labor government realise that it is inflicting another blow on the ability of aspiring homeowners to afford a roof over their heads? This new system will not only mean increased taxes but more of an administrative nightmare that contractors just do not need. The state Labor government should be ashamed of itself at this point in time in regard to housing affordability for increasing taxes on an industry that the Prime Minister has acknowledged is reeling under affordability pressure. What is the state Labor government thinking by placing payroll tax on contractors? This is just another nail in the coffin for housing affordability. We already had land tax increases recently that will hit renters and business owners; stamp duty; and now another further tax constraint on contractors. I am absolutely disgusted at the lack of action that this government has taken in relation to housing affordability. In fact, this bill and the results of this bill will again put housing affordability in reverse and make it more expensive. That is a great measure when the government is well aware that this is a major problem within our community. It is good at talking about it, but implementing any tax relief seems not to be on its agenda. Instead, as indicated in this bill, the government is increasing taxes on an industry that just is not coping under the weight of government taxes and charges now. Obviously the more payroll tax that is enforced on employers the more it becomes a disincentive to employ more workers—in a sense, stifling businesses’ opportunities to grow. Is this why the Treasurer says that Labor is good for business? Is this why the Treasurer says that Labor is good for employment? The truth is that Labor is good for nothing. I feel sick to my stomach when I think of the upcoming budget as I feel it will just be a continuation of a government that has no idea of budgetary fiscal management. I join with my coalition colleague the shadow Treasurer in requesting the Treasurer to provide figures on the financial impact of this bill. I ask him to consider tax relief, not tax increases, for the businesses of Queensland and not drive housing affordability further into realms where low-income people and young people in Queensland cannot afford it. Mr WENDT (Ipswich West—ALP) (2.39 pm): It is my pleasure to rise this afternoon to support the Treasurer’s Pay-roll Tax (Harmonisation) Amendment Bill 2008. This bill implements a package of measures to harmonise Queensland’s payroll tax arrangement with those of others jurisdictions, particularly New South Wales and Victoria. The package of measures being introduced by this bill will benefit more than 7,000 Queensland businesses operating in more than one state and will significantly reduce their costs of complying with different payroll tax rules around the country as well as reduce red tape. It is important to note that, while Queensland will be aligned in key aspects with New South Wales and Victoria, no changes are being made to the payroll tax rates or threshold levels. As such, the package is expected to be overall revenue neutral for Queensland. It needs to be pointed out that, while harmonisation is aimed mainly at businesses that employ in more than one state, measures in the package will also benefit all Queensland businesses. These include a range of new exemptions, increased allowances and changes to groupings. In particular, new 1064 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008 exemptions for wages paid to an employee for parental leave or adoption leave are being introduced. As such, employers providing paid paternal or adoption leave will be entitled to an exemption from payroll tax for any wages paid or payable to an employee up to a maximum 14 weeks maternity leave, paternity leave or adoption leave. These new exemptions are considered to be groundbreaking and it is expected that they will help employers provide more supportive, family-friendly workplace arrangements. But that is not all. In addition, the bill provides new exemptions for wages paid or payable to employees who are absent from work on volunteer firefighting, fire prevention or associated activities as well as volunteer emergency services duties or volunteering as an honorary ambulance officer. As a member who represents large rural and regional areas outside of Ipswich, I know that this will be appreciated by the businesses out that way. In short, these exemptions will support employers to provide paid leave to those employees who volunteer in times of community distress through reduced payroll tax costs. Finally, a new exemption is also being provided for wages paid to an Indigenous person who is employed under the Commonwealth Development Employment Project or CDEP. This is a great outcome, as we all know that the CDEP program is an Australian government funded initiative for unemployed Indigenous people outside of major urban and regional centres and provides activities which develop participants’ skills to assist them to move into employment outside the CDEP program. In total, I believe that the initiatives raised in this bill will provide a clear road map for all other governments across Australia. I certainly commend the bill to the House. Ms DARLING (Sandgate—ALP) (2.42 pm): I rise to make a few comments in support of the Pay- roll Tax (Harmonisation) Amendment Bill following on from the very sensible contribution of my colleague the member for Ipswich West. I notice that members opposite take some glee in referring to the youth of our Treasurer. If in that they are actually trying to highlight the fact that they are a bunch of tired old men then they have done a very good job. They should settle down a bit now. The Pay-roll Tax (Harmonisation) Amendment Bill 2008 introduces a significant package of measures that will align Queensland’s payroll tax system with other jurisdictions, particularly New South Wales and Victoria. To assist employers in the transition to the new arrangements that will start from 1 July 2008, the Office of State Revenue has established an implementation team to inform taxpayers of the harmonisation changes. These include client awareness and education and support measures and changes to systems, processes and publications as well as working closely with peak and industry bodies. The team will also be conducting a number of statewide public seminars which will commence after assent to the bill. In addition, to assist taxpayers prepare for the introduction of the provisions to be harmonised with New South Wales and Victorian legislation, Queensland will adopt public revenue rulings agreed by these jurisdictions to the maximum extent possible. To date, New South Wales and Victoria have issued 22 rulings on the harmonised provisions and they are currently considering others. Any new or updated Queensland rulings will be published for taxpayer information after assent to the bill with an effective date of 1 July. It is expected that published rulings will provide sufficient guidance on the majority of taxpayer scenarios. However, to further assist taxpayers to transition to the new arrangements the Office of State Revenue will deal with specific taxpayer inquiries on the harmonised provisions on a case-by-case basis. Employers can keep themselves informed of changes through the OSR web site. In particular, they can keep up to date with changes and new publications by subscribing to the OSR email service. If employers have particular queries about their circumstances they can of course contact the Office of State Revenue directly. I would encourage employers to contact OSR and take advantage of all the information and advice available to them in the transition period. I very much support the need for the harmonisation of the payroll tax legislation. Finally, access to affordable housing is a priority of this government. Payroll tax harmonisation has not been designed to add costs to standard new houses. With those few words, I thank the Treasurer for his hard work and the very diligent Treasury officials for the work they have put into this bill. I commend the bill to the House. Mr PURCELL (Bulimba—ALP) (2.45 pm): I rise to make a few comments on the Pay-roll Tax (Harmonisation) Amendment Bill. I congratulate the Treasurer and his advisers on what they are doing for emergency services personnel. It is not before time. A large number of employers employ people who regularly volunteer for our bushfire services, the SES and ambulance services in very small country towns. They can get called out from work. Employers have been very good over many years. It is about time that we recognised this and not tax them for something that people volunteer to do. They give up a lot more time than they get paid for. I have a couple of things to say with regard to taxation and the Liberal Party. I know a little bit of history of the building industry, taxation, the Liberal Party and how some unscrupulous employers operated. Going back many years when I worked on the Gold Coast, nobody worked past lunchtime. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1065

Nobody paid tax. Tax was something that people did not pay. Everybody got paid cash in hand. If people could get someone to work past lunchtime they were lucky. People started at six and worked until 12 and then went to the boozer with the cash they got paid for the day. That was before the Gold Coast started to crank up. It was before the Golden Gate was built. People in this House would not remember that. It was before Focus 21. I think Ferro put another two floors on it and did not tell the council. It then became Focus 23. We had a very good relationship with the piling company when I was with the Builders Labourers. Franki Pile nearly died. Those piles were not guaranteed because they added extra floors and then a pool on top of that. We had very serious talks with the Master Builders and employers and large builders in this state because they found it very hard to operate down the coast and get work because they were not paying cash in hand like everybody else. We came to an agreement to talk to the then federal Treasurer, John Howard, and try to stamp out this practice of builders on the Gold Coast. There were all sorts of sham operations. I think it lasted a week. It might have been less. We agreed that we would hold the jobs up and get the tax people on site. They would get a list of people’s names—and not their mother’s maiden name, their friend’s name, their neighbour’s name or someone’s name they could think of at the time. Nobody came to work on the coast for three days because they knew what was happening. Unbeknown to us the Masters Builders—and they are not the current master builder executives; they have moved on since then—went behind our back and did a deal with Howard. What they did was illegal and what Howard agreed to was illegal but he did it to get people who were not paying legitimate tax off the hook. If you were a builder’s labourer or if you were a steel fixer and you came to work at the same job every day at a certain time and you knocked off at a certain time and you agreed to a certain rate and you did not put in a price as to how much steel you laid and then you would get paid for what you laid, you are an employee. There is no doubt. How do you make a brickie’s labourer a contractor when he is the labourer on the site and does what he is directed to do by an employer all day, every day? We were going to stamp out all the illegal stuff that was going on on the Gold Coast to make it so that legitimate builders and contractors could continue to operate and price work—not only on the Gold Coast but throughout Australia. People were breaking the law, but what they were doing was made legal by a Liberal Party Treasurer. He saw the amount of money that he was not collecting on the Gold Coast. I suppose he thought, ‘We’d better collect some of it.’ They had a PPS arrangement to collect 20 per cent or 25 per cent. In some cases that figure was reduced down to 10 per cent. What a sham for members of the Liberal Party or any other member to stand up in this place and say that they want to talk about taxation and taxation rates and how it affects the building industry and how this bill will affect the building industry. I know some employers will find this bill very difficult, particularly as it relates to the contracts they have at the moment. I do not think this will shock people, but there are employers who still have sham arrangements as to who is an employer and who is an employee who works for them. In dealing with employers over many years, I know there are about five different types of ways that people can pay or categorise employees for tax purposes. There is the federal tax law, we have our state tax laws, under the workplace health and safety legislation there are definitions as to who is an employee, under the industrial relations legislation there are definitions as to who is an employee, the state Industrial Relations Commission would have a definition of what an employee is and there is a common law definition. So there are about five or six definitions of what an employee is, but in this instance this bill will sort out—for taxation purposes for the state, anyway—what an employee is and how that employer should pay tax. Employers from New South Wales and Victoria come here to price work and then they wonder why they do not get any jobs. This is one of the reasons they do not get jobs. Until they find out how they can get employees off their books and get rid of paying payroll tax, they do not compete on a level playing field with a lot of other employers. So I think this bill will cause a bit of pain at first. I ask the Treasurer—and I know he probably has a very sharp pencil at the moment as he has a very tough job to do with regard to the budget—to give more time for people, particularly those who work in the building industry who have contracts already written and who do not know about this change. We want to get them in the tent and collect the taxes that they should have been paying in the first place. We do not want to make law-breakers out of people who, I was going to say, should be doing the right thing and who are not. We will have to use a big stick on those people if we have to. But a lot of employers were doing this for years and probably did not realise that they should not be. I hope we can sort out the definition of what an employee is. Bringing the number of definitions down to one would be nice, but I had a go at doing that many years ago and I was not able to do it. I want to commend the Treasurer for this bill. I know some associations of employers will beat the drum and make a lot of noise, but there are other people in the building industry, whom I know quite well, the cleaning industry and other industries who have sham arrangements in place with regard to who is an employee and how they get away with not paying payroll tax by having about three or four companies. One of those companies covers everybody for workers compensation. The other company 1066 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008 does not cover any employee and has no employees. But if anybody is injured they always work for the company that is covered by workers compensation. There are lots of ways that employers work shams to get out of paying legitimate taxes not only to the federal government but also to the state government. In my opinion, anything that will even up the playing field for those legitimate employers, whom I thought the Liberal Party and other members opposite would stand up for, who are now finding it very tough to compete with people who have sham arrangements with their employees and do not pay their people correctly should be supported. If you have the lowest common denominator, it is a race to the bottom. So the state government really needs to have arrangements in place so that we have a level playing field and then it is down to how good a company’s employees are and the systems an employer uses to build up the business. The employer who looks after his employees the best will get the best employees and will get the job finished on time and on budget. With those few words, I support the bill. Hon. AP FRASER (Mount Coot-tha—ALP) (Treasurer) (2.55 pm), in reply: I begin by thanking all members for their contributions. I acknowledge, in reverse order, the real-world contribution by the member for Bulimba, because in many instances this bill deals with real-world realities about the way in which some industries operate. The member for Bulimba is spot-on in pointing out that the central issue that has been raised by members, particularly on the other side of the House during this debate, is one of clarifying the nature of the liability and clarifying what is truly an employment relationship in this circumstance for the administration of the Pay-roll Tax Act. There is no doubt that there are shades of grey, and probably darker shades can sometimes operate, if one could put it that way. But in reality this bill seeks to clarify those matters. I want to make a number of remarks about some of the propositions that were put forward, particularly by members opposite, during the debate yesterday and today. This bill goes directly to benefit the 7,000 or so operators who operate across borders and who are liable for payroll tax. It is one that has been a long time coming and it is one that could never fairly be described as being produced without notice and without consultation. In that regard, it needs to be put on the record quite firmly that this bill has been an issue that has received a degree of public attention and a degree of notification that does not match at all with the proposition being put forward by those opposite that this is somehow late breaking news. It might be put in the following terms. Such was the secrecy that shrouds the proposals that are before the parliament this afternoon that the former Treasurer, after a treasurers’ meeting in March 2007—not 2008—announced with all the other treasurers that Queensland would be joining in the harmonisation project. So that was March 2007. Such was the secrecy and determination to spring this proposal on an unsuspecting public that it was also referred to in the budget papers that were delivered by the former Treasurer in this place in 2007. Again, such was the secrecy attaching to this proposal that in the estimates committee hearing shortly thereafter—on 10 July 2007—the former Treasurer made reference to the project and, more to the point, went to the central issue that the shadow Treasurer raised about revenue neutrality by saying at that time— We expect this to be revenue neutral, and we expect in most businesses it will be a combination of swings and roundabouts but the ultimate benefit is very significant compliance reduction costs. Such was the secrecy that then surrounded this proposal that when I released the midyear budget update in mid-December last year I issued a separate media release making reference to the project and the changes that would be attached to that project. Such was the secrecy that then surrounded this proposal that I made reference to it in the parliament when introducing the bill in the sitting of the last week of February this year. Such was the secrecy and the need to urgently rush through this bill that the bill was not, in fact, subject to any sort of guillotine debate or any sort of advancement on the Notice Paper. It has been in the parliament for nearly 50 days when the standing orders require 14 days. The notion that this is somehow out of the blue, that this is somehow being sprung on an unsuspecting public, is not borne out by the facts. Nevertheless, there will be occasions when, for political purposes, the opposition will seek to pursue that avenue. In other circumstances folk who do not necessarily like the outcome will always retreat to what is the easy province for most people when there is a reform that they do not agree with and that is to claim that there has been a lack of consultation. Nothing could be further from the truth. In fact, I would put forward the very strong case that this has been a proposal of reforms that has had significant public debate and attention. Such was our secrecy involved in undertaking this reform that in January this year we individually contacted some 40-odd industry groups. I table a list of those industry groups. Tabled paper: List of industry groups consulted in relation to the Pay-roll Tax (Harmonisation) Amendment Bill. They were contacted in the first months of this year to alert them proactively beyond all the other announcements that have been made in relation to these changes. Some of those industry groups took up the invitation, some did not. It was a matter for them. Some indicated that they did not need to; some indicated that they would like the benefit of further discussions, and those have been undertaken. Such was the secrecy that attaches to all of this that these fact sheets are presently on the Office of State Revenue web site. They have been progressively put up on different matters associated with the 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1067 changes. Such was the secrecy, as the member for Sandgate indicated, that there are a range of seminars, a list of which can be found on the Office of State Revenue web site, that will be occurring from 7 May through to the end of that month and the first week of June to go through in detail how the changes will be put in place. Such is the secrecy that we have said all along that this would be in alignment with New South Wales and Victoria and those practice guidelines are available and have been available. It is particularly evident in that regard that this has not in any sense been sprung upon the people of Queensland, nor sprung upon any unsuspecting group or section within it. I would perhaps hasten to add for the benefit of the shadow Treasurer—and I would relish the point—that on 7 April 2006 none other than Peter Costello made reference in public statements to the support of the then Howard government to work on harmonising administration of a range of state and territory taxes and charges. In the appended documents he made particular reference to COAG recommendation 5.45— COAG should develop measures to harmonise the tax base and administrative arrangements of payroll tax regimes across the states and territories. The federal Liberal Treasurer of the day said that the Australian government would support any moves to harmonise these across states and territories and that the Australian government supported the recommendation and would seek to progress this through COAG as well as the harmonisation of the administration of like taxes. Finally, under the former federal government, the Productivity Commission also made reference to this being a project that needed to be put forward. There has long been a case made out, not only by state Labor governments but by a former Liberal government and, indeed, by many industry groups, for harmonisation. By harmonising taxation systems across different jurisdictions it will be the case that there are swings and roundabouts. One cannot harmonise—put into alignment—systems that will have different cadences—different calibrations—either up the tree or down the tree without undertaking an exercise which will see the creation of some benefits and some disbenefits. That is the nature of changing any tax law. I do not know of any tax law that has ever been changed that has not had a purposive effect and that is because tax laws are there to make changes. In making these changes, however, we provide the benefit of 7,000 operators across jurisdictions being able to access the ability to take the benefit of one regime of payroll tax changes. In that regard, while there will be swings and roundabouts, this is a set of reforms that anyone worth their salt would be supporting. In that regard we should find it completely unsurprising that this meek mob on the other side of the House, who have no clue and no proposal, should reflexively seek to oppose these harmonisation laws, of course welcomed by the doyen of economic management—according to them, but certainly not I—the former federal Liberal Treasurer Peter Costello. One of the things, however, that we will not be changing is the rate. Let me be clear about this. We are harmonising our tax laws; we are not harmonising the rate. The rate in Queensland will remain at 4.75 per cent—the lowest in the country. While we are harmonising the administration, harmonising to give business the benefit of a harmonised set of rules, we are not harmonising to the extent that we will raise our rate to anywhere near what the other states are undertaking. Queenslanders will continue to have the benefit of the lowest rate in the country of 4.75 per cent, compared to five per cent in Victoria and South Australia and six per cent in New South Wales. In the end, that is the one fact Queenslanders need to know about this government’s approach to raising what is a necessary part of the state taxation regime; that is, we will continue to have a rate of 4.75 per cent and there is no proposal to change that within these laws or any other proposal. We will also continue to have the highest threshold in the country of $1 million and there is no proposal to change that. Victoria and New South Wales have already undertaken this reform. The Tasmanian bill is before its House and with Queensland legislating upon these reforms today one will be able to travel from Cape York to Hobart and access the benefit of a single harmonised payroll tax regime, with South Australia joining shortly. That is what has been requested by business groups and by most people at the pointy end of the Liberal Party for the better part of a decade. Now we are undertaking it. When a tax change is made it creates some changes in industry and business. No-one likes paying tax; we all acknowledge that. No-one likes paying a cent more than they have to. No business is knocking on my door saying it would like to pay more tax. But, in reality, what we are undertaking here is the sort of sensible, reasonable, rational reform that actually goes to the benefit of those people who are liable to pay payroll tax in this state. In addressing some of the comments of the members opposite, I wonder if they would also like to put forward their view on whether they would retain payroll tax in the state taxation base. Once again there is a demonstration from the Liberal Party in this place making a case against payroll tax but, of course, never undertaking that it will abolish it or otherwise reduce it. Never for one minute does it put forward a case for the sort of reform that it wants people to believe it is talking about; in actual fact, it is all talk, no action. There is no proposal of substance to change any of this from the Liberal Party. It is quite happy for people to draw that conclusion. It is not about to disabuse people from drawing that conclusion; it is by no means putting forward a case for that whatsoever. That much is clear and on the record. 1068 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

Payroll tax is a significant part of the state tax base. It is about 25 per cent of total state taxes or around 6.5 per cent of general government revenues. In that regard it is a smaller percentage than in New South Wales and Victoria and is in alignment with the nature of both the Queensland economy, the Queensland industry structure and also the rate of payroll tax that we levy, as I mentioned. The independent Commonwealth Grants Commission judges Queensland to be well below its taxation effort ability. In that regard I defy the case, based on the facts, that is attempted to be made out by the Liberal Party that in some way this is anything other than sensible tax reform which is overall to the benefit of those people liable to pay payroll tax in this state. I want to deal in particular with two issues that were raised in substance. The first relates to the issue of contractors. Listening to those opposite, who no doubt have faithfully represented arguments put to them in recent times, one would be forgiven for drawing the conclusion that there were no contractor provisions presently existing within the payroll tax regime—that is, that there is no ability through the current Pay-roll Tax Act to include within anyone’s liability those people who are, in fact, found to be employees despite the existence of a contract. Nothing could be further from the truth. Of course, the test of precedent is based on the common law test. There is, in fact, a payroll ruling on this that may be familiar to the members of the opposition, and many things go to determining whether, in fact, someone is an employee and therefore liable to be included in any business’s payroll tax liability. That is not a revelation. In essence that test is a factual test and many facts go to determine whether a contractor or someone who has a contract is in fact an employee for the purposes of payroll tax. I am talking about the law as it stands. I am not talking about the law post this bill but the law as it stands. On that point we need to be clear. The factors include whether an employee has an exposure to commercial risk. Usually an employee does not supply equipment in performing his or her contractual duties. Where equipment has been supplied by the employee, the equipment is usually incidental or minor in nature. An employee is usually paid with either a set amount salary or set hourly rates. An employee is required to devote his or her services exclusively to the employer and an employee provides his or her services or labour to one entity for a long period. I put the case very strongly that, for many of the imputed effects put forward by the opposition, the law as it stands at present is more than capable of capturing those arrangements in the payroll tax base. What we are doing at the moment is codifying and making that test simpler, more legible, more transparent and, in the end, of benefit to those employers and industry that are intent on doing the right thing by the state of Queensland under their obligations under the Pay-roll Tax Act. I know and accept the fact that in the real world there are arguments and shades of grey. There always have been. This will not end arguments about shades of grey. In that respect, detailed rulings on each of these matters will be adopted and put into the public domain in the immediate short term, once the bill receives the support of the House and passes through this legislature. In that regard we find here not a great and revolutionary change to the nature of the payroll tax base but one that seeks to better clarify and codify in the legislation a test to reduce the shades of grey. No-one argues from a tax collection perspective let alone from an industry perspective that the common law employee test is immediately apparent, but it has the capacity to capture many of the arrangements that the opposition is railing against right now. In Western Australia, which at the moment is sitting outside this process, they have undertaken a compliance exercise based on the common law test and a regime not dissimilar to this, and they have found a greater ability to recoup revenue out of particular industries based on the law as it stands now. This key point puts a lie to some of the issues that were put forward by the members of the opposition as they sought to advance this debate and turn it into something that it is not. In that regard we understand the reality of phasing in payroll tax changes. We understand the reality that is before industry in seeking to calibrate the new regime into their liability. In reality, that requires an approach from the Office of State Revenue and the Commissioner of Taxation that takes account of those circumstances. In that regard, the Commissioner of Taxation has indicated to me that it will be looking to adopt a practice direction that seeks to take account of the issues that might be found in looking at the implementation. That is, there will be no aggressive approach involving penalty tax or unpaid interest from the Office of State Revenue as it seeks to work with industry to clarify their liabilities as they stand under the payroll tax regime proposals that are before the House this afternoon. For the benefit of the House I will table a draft of that practice direction. Of course, it is yet to become a practice direction able to be issued. It is in draft form and would be subject to final approval by the commissioner. It points to the way in which the Office of State Revenue will approach the implementation and the enforcement of these provisions. As I and other representatives have had discussions with members of industry, we understand that this is an issue of substance. In that regard there will be no approach to seek to apply punitive measures from the Office of State Revenue. I table that particular practice direction for the benefit of members of the House. Tabled paper: Draft practice direction Pay-roll Tax 9.1: Remission of penalty tax and unpaid tax interest—relevant contracts. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1069

Finally, the shadow Treasurer placed some store on the notion that this bill was not intended to be revenue neutral and that in his view it would not be. The shadow Treasurer seems to have a view that my job as Treasurer is to do the work that he is meant to do as shadow Treasurer. In actual fact, that is not the case. We are happy to provide him with briefings. We would undertake to do that as a courtesy. It does not happen in every parliament and it certainly does not happen on every occasion, but we are more than willing to do that in the interests of making this parliament work better for the people of Queensland. However, it is not an invitation for the shadow Treasurer or any other shadow minister to seek to utilise that process for any measure other than to properly acquaint themselves with the effect of the legislation. The proper place for debate about the effects of legislation and the proper place for interaction about the way in which legislation works or otherwise is this place, right here and right now. Therefore, for the benefit of members of the opposition I am happy to go through the numbers that attach to the particular changes that have been proposed. As I have written to the shadow Treasurer and as I have said publicly on repeated occasions—and those comments are available in the public domain—a number of changes will benefit taxpayers and a number of proposed changes will expand the base. No- one has ever denied that. No-one has ever said that any one business will not pay more or less tax. However, the taxation reform that we are engaged in here is not about the budget. It is not about extra revenue. It is not part of the budget that is being presented. It is not part of revenue bills being presented. It is not an issue that attaches any particular import to the revenue gained or lost. It is designed to be revenue neutral and it is designed so that it will give the benefit as a whole, at a whole- of-state level, to those industries that operate across different regimes. We believe and assume that the changes relating to motor vehicles and accommodation allowances will each be of benefit to the tune of $6 million. We believe that the fringe benefits changes will be of benefit to Queensland taxpayers to the tune of $3 million. The assessment for grouping changes will be of benefit to taxpayers to the tune of $33 million. For employment agencies it swings both ways but to a figure less than $1 million. Exemptions beyond those relate particularly to maternity and paternity leave and adoption leave. Those relating to emergency services volunteers and CDEP are all figures less than $1 million, as are the changes to non-employee directors and remuneration and wages paid to or by third parties, and also the changes to work performed outside a jurisdiction. We believe that the base will be expanded to the tune of $3 million for employee share schemes and by $44 million in relation to contractors. That is the effect of these laws. They align as a revenue-neutral proposition. Some members opposite have chosen to use figures in excess of $300 million. I think I heard one member quote that figure, but they have referred to at least $100 million. I think that any figure put forward by members opposite was based on a schadenfreude sense of what they hoped would make the story better. The reality is that this sort of reform has been put together and introduced into this place after a long process that has been engaged in by both sides of politics. It has been put to the House as a sensible taxation reform. Any decent opposition or coalition—one that had Liberal Party members who had the gumption to stand up and actually represent the people whom they claim to represent—would put up their hands and support this legislation. Alas, at this point in time this parliament does not have the benefit of such an opposition because this Liberal Party is but a rump of what it used to be. That is why it will be this Labor government that puts forward sensible revenue-neutral reform that will mean very great savings to businesses that are liable to pay payroll tax in terms of compliance costs. Mr Horan: Revenue neutral: someone goes up and someone goes down. Mr FRASER: I tell the member for Toowoomba South that we have been saying that for a long time. The reality is that this is not a revelation. I am not sure that anyone at the federal or a state level under either side of politics could produce any tax change or tax act that did not have an effect on what an individual taxpayer paid, whether up or down. That is the nature of changing to taxation laws. This is not a bill that has been introduced to seek to raise revenue for the budget. It is in fact a set of arrangements that have been put in place, with sign-off from COAG under the stewardship of the former federal Liberal government, to be able to make changes to the taxation regime that is to the ultimate benefit to those people who are by law required to pay payroll tax. I commend the bill to the House. Division: Question put—That the bill be now read a second time. AYES, 52—Attwood, Barry, Bligh, Bombolas, Boyle, Choi, Croft, Cunningham, English, Fenlon, Fraser, Grace, Gray, Hayward, Hinchliffe, Hoolihan, Jarratt, Keech, Kiernan, Lawlor, Lucas, Mickel, Miller, Moorhead, Mulherin, Nelson-Carr, Nolan, O’Brien, Palaszczuk, Pitt, Purcell, Reeves, Reilly, Roberts, Robertson, Schwarten, Scott, Shine, Smith, Spence, Stone, Struthers, Sullivan, van Litsenburg, Wallace, Weightman, Wells, Wendt, Wettenhall, Wilson. Tellers: Male, Finn NOES, 28—Copeland, Cripps, Dempsey, Elmes, Flegg, Foley, Gibson, Hobbs, Hopper, Horan, Johnson, Knuth, Langbroek, Lee Long, McArdle, Malone, Menkens, Messenger, Nicholls, Pratt, Seeney, Simpson, Springborg, Stevens, Stuckey, Wellington. Tellers: Rickuss, Dickson Resolved in the affirmative. Bill read a second time. 1070 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

Consideration in Detail Clauses 1 to 8, as read, agreed to. Clause 9— Dr FLEGG (3.27 pm): We feel better—not! I could not believe the summing up from this minister on such a serious matter. They are issues that have been raised not just by the opposition but by the people at the coalface who deliver homes, infrastructure, software and cleaning in this state. Yet none of those concerns were addressed. I think that confirms our worst fears in relation to this bill. The Treasurer referred to figures that have been used on various occasions on this side as our figures. I say to the Treasurer that they are not our figures; they are figures from people who have gone through the memberships of professional organisations and have counted how many people are going to be dragged into this and have determined estimates of what the liability will be. But even more alarming for people, particularly the young people of Queensland, the minister did not even refer to the effect of these measures on the cost of housing or on housing affordability in this state. Mr Rickuss: They just don’t care. Dr FLEGG: I will take that interjection. Those of us on this side have consulted widely, which is exactly what this government has not done. In fact, the Master Builders Association put out a press release specifically to say that the government had not consulted with it. This is a complex bill. It is complex administratively. It is complex in its impact on people and on industry. I heard the member for Bulimba say that in days gone by he addressed an issue by consulting with the Master Builders Association. The government is changing the whole payroll tax regime for the state of Queensland and it does not bother to consult with one of a number of peak bodies. Mr Purcell: Yes, but they welshed then. They went and welshed on the deal. Honourable members interjected. Madam DEPUTY SPEAKER (Ms Darling): Order! Members will come to order. Member for Moggill. Dr FLEGG: I see he has sprung to life. Clause 9 encompasses most of the provisions that cause considerable distress and which the minister failed to address. We listened to the minister’s nonsense about the existing provisions. It is not the existing provisions that industry has learnt to live with in some respects and has factored into the budgets for their contracts and everything. This is a bill to change those provisions, and we want to know about the impact of changing them, not to hark back to what the provisions were before. I ask the minister to specifically address a number of areas. He did not do it in his summing up. I am fearful that this is because he cannot do it. They are important issues. They are not issues that the opposition has raised because we want to make a political stand. People have come to us with a deep concern about the impact on this state of these provisions, and we would like some answers. We will certainly be spending a lot of time reminding people that the minister has not answered them. This clause creates an administrative nightmare. If we go through clause 9, it deals with things like the 90 days. It deals with a situation in, for example, the cleaning industry and for those who clean buildings at night where somebody who has let a contract has to know how many days people turn up for. They need to have a system for counting days. It has provisions in paragraph (c) of clause 13B(1) to be inserted where the employer has to know the number of people who are involved in the businesses he contracts with. Paragraph (d) then has provisions in relation to vehicles. There are a whole range of administrative systems. I would like to hear the minister tell us what consultation he has had about this and what the impact will be in terms of the cost and complexity of compliance. The minister made a lot of the fact that this might ease compliance issues, but in actual fact it will create a whole raft of new compliance issues—not for a small number of companies that operate across the border but for every company that employs a contractor here in Queensland. I would like to hear the minister specifically address the issue. This comes into effect on 1 July this year. Many of these contractors have written contracts that go for months or years, yet they will be caught under the provisions. This is a retrospective bill. It will apply to contracts that have already been written, and some of them may be very long contracts—including the government’s own contracts to cover those who are building its water pipelines and other infrastructure that we hear about so often. I would like to hear the minister justify imposing a hitherto unknown burden on existing contracts. I am particularly interested in hearing the minister tell us why there is such a massive discrepancy—an unbelievably, unimaginably huge discrepancy—between his estimate of the benefit to the budget from this provision and that of most other peak bodies that operate in industries that have a lot of contractors. These dependent contractor provisions will hit three industries in particular and there are probably others that we are yet to uncover. One of them will be home building. I think the Treasurer should explain to the homebuyers of Queensland how much this will cost. We have an estimate from the people who actually build homes of what this costs. I notice the Treasurer went to enormous lengths not to talk 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1071 about housing affordability or homes. I am not sure, but I do not think he mentioned the word ‘homes’ once in his summing-up. I think the Treasurer owes an explanation about what the impact will be on the cost of homes. We also need an explanation as to why the people who actually build homes in this state believe on their analysis that it will be such a costly exercise. There are a whole range of other measures that are dealt with under this clause but, given the fact that we have had little or no answers in relation to any of these matters to date, rather than muddy the waters and talk about some of the smaller issues contained in the clause, I might await the Treasurer’s response on these things that are of very deep concern and which should not be just dismissed in the way that he sought to dismiss them as opposition scaremongering or whatever. These are genuine concerns. The Treasurer should understand that, as the Liberal shadow Treasurer in a coalition on this side, I would love to be supporting measures that reduce red tape and differences between the states. That is fundamental to what we believe and we support that. I will not in any way accept the Treasurer asserting otherwise. We have raised the issues in this bill that are of genuine concern. We did not go trolling around looking for them. We actually looked for ways to support the bill, but we cannot support the unsupportable so let us have some answers. Mr PURCELL: I do not want to labour the point but I do want to make the point, and I do not seem to be getting it across to the opposition spokesperson. You cannot legitimise something that is a sham by saying that the Treasurer in Queensland is going to make people who should be paying the payroll tax now pay that tax, because this is what this bill will do. If Howard did the same thing when he was the Treasurer, we would have no PPS and we would have a different definition of what an employee is. People who were employees would have their employees deducting tax as an employee and paying it over to the taxation department. If normal people did what Howard did, they would have been jailed. He knew what those people were—they were employees. Like I said, they cannot work in a gang of steel fixers, concreters or builders labourers on a building site and be told what time to come to work, what they are expected to do, when to have lunch, when to knock off and not to price the job as a lump sum and be told they are not employees; they are. They always were and they still are. That is in the commercial sector. In my mind, there is no doubt that these people who are not paying it now should be paying it, and it is going to make quite plain those who should pay. I do not think it will have the impact on the housing industry that the opposition spokesman thinks it will. I believe a lot of people who work in the housing industry are legitimate subcontractors and have been for a lot of years. If they are legitimate contractors now, this bill will not change that. Dr Flegg: Read the definition. It does change it. Mr PURCELL: The member has a different reading than I have. If people are legitimate contractors now, this bill will not change that. They will continue to be legitimate contractors. I believe a lot of people who work in the housing industry are legitimate contractors. They price a job. They go to work at their own time; they cannot be told when to be there. They can be asked to have a job finished by a certain time, but they cannot be directed on what hours to work, how to do their work and when to be there because they are legitimate contractors. I believe a lot of those people in the housing industry are legitimate contractors. It is a very efficient industry. Mr Gray interjected. Mr PURCELL: It is performance based. I thank the member for Gaven for his assistance. I hear a different story from people in the building industry. They would like to see those people who have sham arrangements for their employees—who are employees—sorted out so that legitimate contractors can do their business and look after people the way they should. It is very difficult to do that in an industry like the building industry—and, as the opposition spokesperson said, the cleaning industry and the trucking industry. There are a lot of arrangements which, if you had a very good look at them, you would find make them employees, not contractors, and they should be paid as employees. They are not getting paid their superannuation. They are not getting paid a whole heap of things that they should because they have sham arrangements made up, and a lot of it was legitimised by the previous federal government and it lost office over it. I had no faith in Howard to look after employees or workers. It took a long time for workers in this country to wake up to him, because he had no intention of looking after employees. I saw what he did on the Gold Coast. I could not believe that a minister of the Crown could make an arrangement to subvert his own laws with regard to taxation to help out employers with their arrangements with regard to their contracts. The same argument was put up then—that is, these employers cannot afford to do this. They have priced their jobs the way they have priced them; if we make these people employees—who are employees—and they pay the taxes they have to pay, we will send them to the wall. There are a lot of other employers out there who were doing the right thing and they were not going to the wall. 1072 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

I want to make one last point. I take comfort from what the Treasurer has said that he will deal with the matter with individuals and his officers will give them time to get used to it. Some people out there do believe that they are doing the right thing when they are breaking the law. Time expired. Mr MESSENGER: I do not doubt the sincerity of the member for Bulimba. I acknowledge his sincerity and I acknowledge the good work that he has done for the union movement and for sticking up for workers’ rights. However, in this case I think he has it wrong. I would like the Treasurer to explain something to me. I will give him an example of a work contract. You have a chippie working for one of the major home building companies. This chippie might employ one apprentice. The chippie starts work at five o’clock in the morning and he brings along his apprentice. His missus keeps the books for him and he pays all his taxes. That chippie may have a contract with that building company for longer than 90 days. Does that then mean that building company will have to start paying payroll tax on the money that they pay that chippie? Does he qualify as a subcontractor or as an employee? I would really like the Premier—maybe I am jumping the gun calling him the Premier—the Treasurer to answer that question. According to the Master Builders Association, of the 200,000 workers there are 60,000 subcontractors working in the building game and throughout Queensland that this is going to affect. Does the Treasurer think the Master Builders Association is a bunch of mugs? Why else would it come out and say that this state tax grab is going to devastate housing affordability? Surely that has to have some impact on those opposite. Mr Rickuss: They do not care. Mr MESSENGER: I am looking for the care factor. The care factor is zero at the moment, but I stand to be corrected if the Treasurer can explain that one small example. A chippie who is a private person operating his own business employs an apprentice. His major work is coming from a large building company. Sometimes that person might work for that company for six months and then he may flip across. He might not like the conditions that he is working under. They may not pay that person, so he will take his custom somewhere else. I would like to know if that person is then either an employee or a subcontractor, because there are lots of them out there. The Treasurer claimed in his summing-up—and I have to congratulate our shadow Treasurer once again; he hit the nail on the head—that there was consultation. I will remind him of his own explanatory notes that he presented to parliament where it says under ‘consultation’— To the extent that the Bill gives effect to the State Budget announcements, public consultation was not necessary. Consultation on the other amendments contained in this Bill was considered either unnecessary or inappropriate. Mr Rickuss: Nil. It is zero. Mr MESSENGER: It is there in black and white. There is no argument as to whether there is consultation. I take the interjection from the member for Lockyer: zero consultation. The Treasurer talked of vague figures. They are pretty vague! The Master Builders Association of Queensland put out some figures. This is how vague they are. It said this will see the cost to homeowners increase by $3,391 from the base model. That is pretty vague, isn’t it? Then it interprets—and I will repeat it again— a decrease in affordability by 1.24 per cent. Very, very vague! First of all, this government is taking the Master Builders for mugs. It is saying that there are vague figures. I have to say that I think the member for Bulimba has let the cat out of the bag. I believe his contribution has also proven that this government knows there is going to be an influx of money into Treasury coffers from this legislation—$100 million. That is what we are saying. I would like a calculation and I would like a guarantee from the Treasurer that, if there is extra income to the government because of this legislation, it will let us know about it. Mr Rickuss: And they will reduce the rate of payroll tax. Mr MESSENGER: Yes, reduce the rate of payroll tax—very good. Mr FRASER: The answer to the member for Burnett’s question is very simple. Unless the subcontractor is paying his apprentice a million dollars a year, then there would be no question that he is not liable to pay payroll tax. We have, as I said, a million-dollar threshold and this is not in any way seeking to go beyond that. The way in which this test will work is not about— Mr Rickuss interjected. Mr Messenger interjected. Mr DEPUTY SPEAKER (Mr Wettenhall): Order! The Treasurer has the call. Mr FRASER: The way in which the changes to the payroll tax regime that are before the House this afternoon work is through a range of exemptions. There is no requirement upon businesses in the broadest terms to count to 90 days whatsoever. However, one test—one of the nine exemptions—to be able to determine whether in fact a contract is a contract or in fact something that should be looked at because it is an arrangement which is in substance one of employer-employee is 90 days. That is a correct test to be applied, as are the other exemptions which are listed in clause 9, which we are 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1073 presently debating. So this goes back to the core issue before the House. Where there is a circumstance that a person is operating in a genuinely independent contractor mode, there is no issue. Where they are an employee—whether through some arrangement or otherwise there is a pretence that they are not—then they will be included in the tax base. In many of the circumstances and in many of the instances that are being put forward it is in fact the case that they would be liable to pay payroll tax right now. I do not deny the fact—and I said this directly in my summing-up—that the common law test is in fact a lot greater. We are seeking here to reduce the level of greyness that attaches to this. The member for Moggill returned to his theme of retrospectivity. Whenever in this parliament any government attempts to implement, for sound policy reasons, a bill with retrospectivity we are always called upon by the bipartisan, all-party Scrutiny of Legislation Committee to account for that. Dr Flegg interjected. Mr FRASER: No, it is when it has a retrospective effect. Those opposite seek to pursue this proposition that there is retrospectivity in this bill. The all-party Scrutiny of Legislation Committee, designed as a check and balance within this parliament to reveal when there is retrospectivity involved in legislation, did not on this occasion point to retrospectivity. Dr Flegg interjected. Mr FRASER: There is no retrospectivity attached to the bill before the House up to and including the fact that members from all sides of this parliament operating outside of the political process on the Scrutiny of Legislation Committee pointed to that fact. The changes will come into effect from 1 July. That much is clear in the bill. That much has been clear for a very long time given the public pronouncements. There is no ability whatsoever to claim that there is any instance of retrospectivity operating here. If people are genuine contractors they will not be brought into the bill. If people are employees but pretending to be something else they will be. Dr FLEGG: We are going from bad to worse. This is becoming a farce. Ms Grace interjected. Dr FLEGG: There is somebody in this room who does not understand but they are not on this side of the House. We have specifically asked the minister—and I am going to ask again; I suggest that anyone reading this debate take serious note of this—to tell members what the effect on housing affordability is going to be and how much it will drive up the cost of a new home. He is completely unable to do it to the point where he did not even refer, yet again, to the cost of housing. Ms Grace interjected. Dr FLEGG: I see the member for Brisbane Central is getting up to try to help the Treasurer here. Sadly, the people who are affected in this case want to hear it from the Treasurer and he cannot answer it. We want to know how much the cost of a new home is going to rise in this state as a result of this bill. When the member for Bulimba got up at least he was honest. At least he said that this is a revenue- raising measure. The Treasurer cannot bring himself to make that statement. He has not answered how much it will drive up the cost of a new home. I heard the disingenuous comments from the Treasurer that there is no element of retrospectivity. I notice he did not answer my last question and he did not answer my interjection. If there is no element of retrospectivity, is the minister saying that this does not apply to an existing contract? Otherwise, it affects a contract that is already locked in on a previous date and the contractor cannot increase the price to take into account the new tax that will be delivered today. The Treasurer could have stayed at home today because he has not answered anything. The other area where he has not been able to answer questions relates to the administrative complexities. I thought I heard the Treasurer say before—and the Treasurer has a very soft voice, so I may be mistaken—that if a contractor employs one labourer, for example a chippie, there would be no liability because his wages would be under a million dollars. I may be under a misapprehension, but my understanding of the bill is that that chippie would be incurring a liability for the builder who employs him, not the building contractor. From what I can see, this is a tax on the person who lets the contract, not the person who is performing the contract. There are a lot of examples but it is probably not much point giving too many because we are not getting any answers anyway. If a builder employs a concreter and the concreter has 25 days to complete a job on a building plus any days due to rain delays and he ends up taking 35 days because of rain and he occasionally employs someone to help him but only when he is busy and not on any consistent basis, is that builder going to be liable for that tax? A government member interjected. 1074 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

Dr FLEGG: I got an answer out of the backbench but I would really like one from the Treasurer. Perhaps the Treasurer can tell that builder how he would know whether the contractor himself has paid payroll tax. What system would that builder need to determine how many days they were on his site? I worked as a labourer on building sites when I was a student. It was a very flexible arrangement. It depended on the job, the weather and so forth. Mr Purcell: That does not say he is not an employee. That says you’re casual or permanent. It is how you employ them—if you get paid and how you get paid. Dr FLEGG: The member for Bulimba is helping out the Treasurer as well, but we would like some answers from the Treasurer. So come on, Treasurer, in the interests of the people of Queensland tell the House what the cost impact will be for new houses. Tell the House what the effect will be on existing contracts. Tell us how that employer in the building sector is going to handle that situation. Mr MESSENGER: Clause 9 just creates another job for lawyers. Mr Lawlor: What’s wrong with that? Mr MESSENGER: I take the interjection from the member for Southport. We really want to be able to create jobs for builders, chippies and tradespeople rather than jobs for lawyers. Those tradespeople will have to run off and consult a lawyer just to plough through this legislation. It is a complex law. One needs a double law degree to understand this properly. The Treasurer gave a glib reply to my question and said that of course the chippie will not have to pay the payroll tax unless his apprentice earns a million dollars. I was not talking about the chippie; I was talking about the master company that employs the chippie. Will that company then incur an extra cost? If they incur an extra cost we know who will end up wearing that cost. As the Master Builders Association quite rightly pointed out, it will be the consumer who will incur the extra cost. It will be the young kids who are trying to buy their first home in the member’s electorate who will incur that cost. There will be a decrease in affordability of 1.4 per cent. It is going to be almost $3,500 for every house. That is what we are fighting about here today. This is what is at stake. Some kids will not be able to afford houses because of the legislation that we are going to pass today. We will be voting against it. Government members interjected. Mr MESSENGER: Members opposite do not care. They are on $140,000 a year. What is $3,500 to them? That is a nice little perk from the union or a little junket here or a little junket there. To the people of Queensland that is real money. For pensioners every cent counts. What we are arguing about here is the dollars and cents. It is important. Not only that, this change is going to affect 60,000 tradespeople, 60,000 contractors. This change is going to drive up the cost of a new home. The Treasurer has not dealt with that problem. He has not addressed that problem. He is trying to ignore it, saying, ‘What cost of what new home?’ It is like that ad on TV: ‘Charter boat? What charter boat?’ ‘Rising house prices? What rising house prices?’ An opposition member interjected. Mr MESSENGER: Yes. It is going to cost at least $100 million. How is this increase going to affect the overall rate of Queensland inflation? How is that increase going to affect our credit rating and how is it going to affect our interest rates? Has the Treasurer got on the phone and talked to the Prime Minister—‘Kevin 07’, or is it ‘Kevin 07.25’ or ‘Kevin 07.5’? What contribution will this increase make to the overall interest rate pressure that is coming from Queensland? But the government does not care. It thinks, ‘Someone will pay for that. We will get more money. Who cares what young homebuyers are going through?’ I would really like the Treasurer to address the issues that the shadow Treasurer has raised. I would also like him to clarify that example. Of course, the master builders who hire the chippie and who employ the apprentice will be the ones left footing the bill. To whom are they going to pass on that increased cost? Mrs CUNNINGHAM: I want to express a couple of concerns. I fully support clarification of who has a tax obligation and who does not. I think there are many areas of legislation where a lack of clarity can be quite damaging and disadvantageous to people in our community. Indeed, some of the changes a few years ago to workers compensation were particularly for that reason—so that people understood who was covered by workers compensation and who was not, for instance those young blokes who used to work as deckies and who thought they were covered and when they were injured found out they were not. So clarification of obligation is very important. But I also share the concerns that have been expressed about a potential impact on the cost of housing, because if the increase in cost is, as the opposition has claimed, over $3,000 then that is a lot for a young family to afford. There are also local government charges and all sorts of additional costs that have to be borne by a homeowner. I am interested in the Treasurer’s assessment and what calculations he has done in terms of the actual impact on the cost of housing, particularly in the current circumstances with the difficulty of housing affordability. 16 Apr 2008 Pay-Roll Tax (Harmonisation) Amendment Bill 1075

If the people who are going to be caught by this legislation are those who should have been paying tax and who have set up avoidance schemes, then that is less problematic than an additional tax burden on somebody who is already paying tax. So I seek the Treasurer’s clarification and his comment in terms of any calculation that his department has done in relation to the additional cost of housing. Mr FRASER: As I indicated in my summing-up, there are aspects of this bill that provide both benefits and disbenefits. The test is one of whether someone is an employee or is a contractor. So for any proposition put forward by any particular set of arrangements, that will be a question determined on the substance of the matter. If a person is pretending to be a contractor when that person is an employee, then that person will be considered, as arguably the person would now under the present test, to be an employee liable for payroll tax. That is because it is a tax which is based on the employment that any one business has. With regard to the direct question about what it means for the price, for instance, of a computer or of bananas or of a chair or of a house, it will not raise the price of any item by one red cent where people are paying their payroll tax liability in accordance with whether those people are employees or whether they are contractors. That is the essence. I do not expect anyone who might have been taking the benefit of an arrangement which saw them not paying a payroll tax liability in circumstances where they should have been to issue any sort of public statement welcoming changes to the law that tightens up the definition. That much, I suppose, is the nature of the real circumstances of administering any tax regime. So the answer directly here is not a matter of whether you can model the notion that any commodity would go up or down by one price because of the changes being put forward today. In fact, the whole notion of that is premised on an idea that the vast bulk of people in any industry or any particular line of production are employees now but not paying payroll tax. So in that regard I know that there are various propositions and various examples being put forward by people who have a very real interest in these changes. The government has never said that it will not be—and I have said this at least twice today but I say it again, for a third time—a change to the payroll tax regime in Queensland that will see every single Queensland business paying exactly the same amount of payroll tax. We cannot change the tax regime and achieve that same result. But overall there will be no extra revenue raised because we are, as is broadly stated, aligning and harmonising the laws. As I recall, the member for Burnett in his comments made reference to the total tax collection of payroll tax, which is in the order of $2.5 billion. I put forward the case to the member for Burnett that these are changes that are being put forward that go to a value of, at its highest level, $44 million as I mentioned earlier, $33 million, $6 million, $3 million and $1 million. In percentage terms, these are changes very much at the margin in the way in which the payroll tax regime operates. These are changes that are very much at the margin for the payroll tax collections in this state. This is not a bill that seeks to raise additional revenue. This is not a bill that has that aim. This process has never had that aim. In fact, it has only ever had the aim of bringing into alignment, as industry constantly says, the systems of payroll tax collection across different jurisdictions. So to reiterate the point, where there is a case that someone is a genuine contractor, then they will not be paying payroll tax—not at all. Where, in fact, they are an employee but are pretending to be or are putting forward to be someone who is not an employee, then they will. Dr FLEGG: This just goes from bad to worse. I think we should bring back Pat. At least Pat would give us some answers. I note that the minister thumbed through the bill for a few minutes after I asked him if he would clarify that example and when he got to his feet he did not even refer to it. The reason is that he cannot work it out. He does not know whether the builder would be liable for additional payroll tax as a result of these changes. I know the Treasurer likes to think of himself as a young whiz-kid. The reality is— Mr FRASER: I rise to a point of order. Despite their first six attempts to— Dr FLEGG: To get an answer! Mr FRASER:—seek to personalise this debate, I have resisted engaging it, but frankly the people of Queensland do not need their time wasted by seeking to have these debates personalised to that level. I find the remarks untrue and offensive and I think the member for Moggill should do a service to the parliament of Queensland and withdraw them. Dr FLEGG: I withdraw. The point I was making was that despite the Treasurer’s high office in this state he would still have difficulty, if he were a builder, working out what his liability would be. I asked him to directly answer a scenario and he could not answer it. The record should show that. I have also asked him many times throughout this debate to clarify what the effect is on an existing contract. Someone who has signed a contract and given the government a fixed price to lay pipes for its water projects or the like will now be hit with a new impost that they did not have before—a retrospective impost to those people because they are locked into their costs. The minister has not clarified what that effect is. 1076 Pay-Roll Tax (Harmonisation) Amendment Bill 16 Apr 2008

There is one thing that ought to be made crystal clear in this debate: the minister has tried to muddy the waters enormously by saying that people are already breaking the law by not paying the tax that they should have been liable to pay anyway. The reality is that we do not need a new law to force compliance with the old law. If people are breaking the law now, that is a failure of this government to enforce the law as it stands. This is a new law with new provisions that capture new people. All the denials under the sun, all the pretence that nothing has changed and that nobody will pay anything more, is a nonsense. This is a new law. It is specifically aimed at taxing certain types of contractors who were not caught in the payroll tax net as it stands under the common law definition. I think it is a very sad day when the people, businesses and homebuyers of Queensland simply cannot get an answer to anything. I heard the minister seek to avoid answering the question as to how much the cost of a new home will rise by. It is not a hard question. His government is changing the tax laws in relation to home building in this state. I think the people of Queensland deserve an answer as to how much that will drive up the cost of a new home. It is not good enough to pretend that he is not changing the law, saying that this is already the law somehow in some very distorted argument that I heard before. He is changing the law. He is changing the provisions. He has admitted that. He has said there will be some winners and some losers. There will be some change in the provision. Yet a straightforward and vitally important question— how much will the cost of a new home rise in this state—has been left unanswered despite the numerous occasions that the minister has had to answer that. This is an administrative nightmare. There have been no answers at all given here today. Anyone looking at this issue would be well and truly aware of the efforts to confuse it. We do not need a new law to force compliance with the existing law. There needs to be a compliance regime. That has been the responsibility of the government. It has had years to ensure that practices are acceptable within payroll tax. This is a new law. It has new provisions and it catches new situations. The Treasurer cannot even work out whether he would be liable if he was a builder. He has failed to answer any of the points that have been raised not just by us but by the industry generally. He really ought to take this back and start again. Mr FRASER: The shadow Treasurer has raised no new issues of substance and I refer him to my previous remarks. Clause 9, as read, agreed to. Clauses 10 to 14, as read, agreed to. Clause 15— Dr FLEGG (4.14 pm): Hopefully the consideration of this clause will be a bit more brief than the previous clause and maybe we might get some answers. This is the clause that deals with business groupings and the percentage of ownership. I would like to make it very clear that we support this clause. It is again a clause that causes some change in effect. It is reasonable that we should be able to get some sort of answers in relation to the clause. I will restrict my inquiries to two areas. With regard to the changes in clause 15 to business groupings—the minister may have said it in earlier remarks, but I was having a bit of trouble hearing him—how much revenue is the government forgoing and, more particularly the question that I would like to see if he can answer, how many taxpayers does the minister believe will drop out of the payroll tax network as a result of clause 15? Clause 9 is diabolical in what it is going to catch. Clause 15 will advantage some taxpayers; we accept that. I think it is reasonable that we look at what the cost to the government of this advantage is. It is an important measure. When we see changes to the tax threshold as announced from time to time, we usually get guidance as to how many taxpayers will drop out of the payroll tax system. I ask the minister to give us some guidance as to how many businesses would no longer be liable for payroll tax as a result of the changes in the grouping provisions. Mr MESSENGER: In relation to clause 15, I accept the provisions that the shadow Treasurer has put forward. In relation to the Treasurer’s reply to previous clauses, I believe that there is an inability to listen. At a time when we should be reducing red tape for business and streamlining business processes so that we can save money for business owners who then go on to employ people and create wealth for our community, we are increasing red tape overall with this piece of legislation. There is a dangerous inability to listen on behalf of this government. I go back to the point that I made. Are the Master Builders mugs? It put out a media release that said that this piece of legislation is merely a state tax grab and it will devastate housing affordability. There is a complete inability to listen, a complete inability to admit it is wrong. Unfortunately, I think there is a complete disconnect between the real world and what happens in here. What will happen is that ultimately there will be added costs to the cost of building houses. Master builders who employ subcontractors now will be hit with greater expenses in the form of this payroll tax which is retrospective. Those costs will be passed on to consumers—the mums and dads and young people trying to buy houses. The Treasurer does not seem to understand that particular point. We do not have to live it—we do not have to be chippies—but we at least have to have a willingness to go out there and listen to groups like the Master Builders Association which has done its homework. It has 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1077 come up with comprehensive figures. Once again the Treasurer has ignored the increased cost of $3,361 per new home. There is a disconnect with the real world that will only cause added heartache and grief for many contractors who are struggling to keep apprentices employed, pay bills and juggle nonpayments and make sure that they can earn a living and secure a livelihood for themselves and their families. Why has the government presented this legislation? It should not be forgotten that it has presented this bill under the very deceptive heading of ‘payroll tax harmonisation’. There is no harmonisation at all. This is all harm and no harmonisation. It is a public relations person’s dream to call this ‘harmonisation’. It is merely a ploy to stop media interest by promoting the wonderful media headline of ‘Harmonisation’. In fact, this is an added tax that the government is trying to sneak through on the people of Queensland. This needs to be stopped. Mr FRASER: I am not sure that the member for Burnett raised any new issues of substance or, in fact, any issue that relates to this clause. As the shadow Treasurer pointed out, this clause is to the benefit of taxpayers. At the end of my summing-up, I mentioned the figures that are attached to that. We believe that this will come at a cost to the tax base of some $33 million. In that regard, that is a benefit to taxpayers who presently are caught in the 50/50 as opposed to more-than-50 provision. I do not have to hand the number of taxpayers, but the number that we are interested in is $33 million. Clause 15, as read, agreed to. Clauses 16 to 19, as read, agreed to. Third Reading Hon. AP FRASER (Mount Coot-tha—ALP) (Treasurer) (4.20 pm): I move— That the bill be now read a third time. Question put—That the bill be now read a third time. Motion agreed to. Bill read a third time. Long Title Hon. AP FRASER (Mount Coot-tha—ALP) (Treasurer) (4.21 pm): I move— That the long title of the bill be agreed to. Question put—That the long title of the bill be agreed to. Motion agreed to.

CHILD PROTECTION (OFFENDER PROHIBITION ORDER) BILL

COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AND ANOTHER ACT AMENDMENT BILL

Second Reading (Cognate Debate)

Child Protection ... Bill; Commission for Children ... Amendment Bill Child Protection (Offender Prohibition Order) Bill resumed from 15 November 2007 (see p. 4346), on motion of Ms Spence, and the Commission for Children and Young People and Child Guardian and Another Act Amendment Bill resumed from 13 March (see p. 844), on motion of Ms Bligh— That the bills be now read a second time. Mrs STUCKEY (Currumbin—Lib) (4.22 pm): I rise in support of the Child Protection (Offender Prohibition Order) Bill, introduced by the honourable Minister for Police, Corrective Services and Sport in the parliament last year. The opposition will be supporting this legislation and the Commission for Children and Young People and Child Guardian and Another Act Amendment Bill, which was brought into the House by the honourable Premier. This is now a cognate debate. The Child Protection (Offender Prohibition Order) Bill aims to provide protection to children by allowing the Magistrates Court to make a child protection offender prohibition order. It follows a suite of recent legislation in New South Wales and the United Kingdom. The bill enables a prohibition order to be made against certain previously convicted child sex offenders to prohibit them from engaging in specified lawful conduct. The court must be satisfied that the child sex offender has engaged in conduct that poses an unacceptable risk to the lives or sexual safety of children in the community. However, the conduct need not amount to a criminal offence. 1078 Child Protection ... Bill; Commission for Children ... Amendment Bill 16 Apr 2008

On making a prohibition order, the respondent to the order is placed on the Child Protection Offender Reporting Register and must report certain personal details to police. This register is maintained by police to reduce the likelihood that child sex offenders will reoffend and to facilitate the investigation and prosecution of any future offences that they may commit. The bill also gives police more power to act on concerns about convicted paedophiles once they re-enter society. For the first time, police will have the power to act if they are concerned about the behaviour of any sex offender who has served their prison time and been released back into the community. It will also allow police to ask magistrates for an order banning paedophiles from going within 200 metres of places such as parks, playgrounds, childcare centres, movie theatres, video arcades, theme parks and swimming pools. Police will also have the power to seek restrictions on offenders entering shopping centres at times when schoolchildren could be there or joining any clubs that could bring them into contact with children. With approximately 2,500 people currently listed on the Queensland sex offender register, this legislation is absolutely essential in combating this most ghastly and vile behaviour. It is a pressing situation that I and other honourable members of this House are deeply committed to tackling head-on and in the sternest manner possible. It is for these reasons that we commend the minister for police for bringing this bill before the House. As the shadow minister for child safety I am only too well aware of the dangers posed to Queensland children. It is an issue that I have spoken about in this place previously. In fact, less than a year ago I spoke of the risk posed by paedophiles and their inclination to reoffend. I am very glad that the government has seen fit to respond to concerns raised by me and others and to put in place more stringent measures. When I spoke on this matter in May of last year, I referred to research done by criminologists Richard Wortley and Stephen Smallbone of Griffith University. Whilst most research into paedophilia revolves around psychological profiles of the offender, Wortley and Smallbone’s research is focused on what is called situational crime prevention. In their 2006 article entitled ‘Applying situational principles to sexual offences against children’, these two researchers highlighted the danger that this bill seeks to address. In a questionnaire of known sex offenders, participants were asked where they were most likely to meet children for sexual conduct. It was found that a significant number of offenders contacted children through institutional and public settings. The most popular places in these categories included a public toilet, which was identified by 13.2 per cent of respondents; a shopping mall, which 11.8 per cent identified; a park, which 10.5 per cent identified; and a swimming pool, which 10.5 per cent identified; as well as a playground, a video arcade and a movie theatre. Therefore, it is important that the provisions for police with the 200-metre rule are put in place through this bill. Another key point that I would like to highlight from Wortley and Smallbone is that no crime can ever be committed without opportunity. Therefore, it should be the government’s responsibility to limit any opportunity to commit these offences as best it can. With respect to the number of cases of paedophilia beleaguering our society recently, it is pleasing to see the government’s attempts to curtail this sooner rather than later. As I have said, we commend the bill and the government’s efforts to tackle paedophilia. I strongly believe that it is an issue that must be tackled from all angles. With this in mind I draw the House’s attention to the very disquieting fact that an alarming percentage of those children who are abused end up as abusers. A staggering 49 per cent of those surveyed in a CMC Queensland research and issues paper were found to have been abused by either one or both parents. Further, the impact on these children can cause them to express explicit sexual behaviours towards other children, as is evidenced in an article released by Australian Doctor on 15 February this year whereby a Queensland victim of abuse at the tender of age of seven simulated sex with his younger sister. Despite reports to the Department of Child Safety by his distraught mother and the boy moving schools as a result of exhibiting inappropriate behaviour, the case was closed with staff labelling the mother as anxious, strung out and not to be taken seriously. Left unchecked and untreated, this child may well become a serial offender in the near future. The article stated that doctors and health professionals wonder why by law they are required to report yet when they do that and follow through, as occurred in this case, their opinions are not taken seriously. We also had the deplorable story of ‘Zoe’, who after being abused by her father as a young child began drawing explicit pictures and initiating inappropriate ‘doctor and nurse’ type games with schoolmates. She was demonised for this, rather than having these incidents reported by teachers. She uses in her frank interview with the Australian newspaper a metaphor of how for most children the topic of sex is concealed in a dark room within their psyches which they slowly explore at their own pace and in their own time. Children who are victims of abuse, however, have the door battered open and the fluorescent lights turned on. Once these doors are forced open they stay open and cause all sorts of unusual behaviours in children of that age. 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1079

Whilst I am talking about the incidences of child sex offences, I also want to draw to the attention of the House the alarming fact that victims of paedophilia are more likely to offend than are people in the broader community. This is why we must tackle the issue, as I said, from all angles with a whole-of- government approach. Bravehearts’s Ditto program is one initiative that works to stop paedophilia by educating young children about their bodies and equips them with the skills that they need to avoid risky situations. By educating kids about this harsh reality I believe we are going a long way to addressing this problem. I have attended a session of the program and was most impressed with the effectiveness of its message. Unfortunately, a number of children are not educated on the fundamental principles of the sanctity of their bodies, empowerment and stranger danger and are therefore highly vulnerable when predators make contact. I do not believe enough is being done to educate our children that their body is their own, not to be mistreated by anyone. Children are not often empowered to tell responsible adults of their problems and fears in this regard, and of course this plays well into a paedophile’s hands. They need to be taught what is good touching and what is bad touching, who are safe people to confide in, how to deal with strangers and how to have the courage to report inappropriate behaviours. Sickeningly, the perpetrators are often well known to the child, and I feel that children need to be aware of ways in which to deal with these soul-destroying issues. Ditto, like so many worthy programs, is underfunded. However, I do recognise that the former Premier recently announced a one-off funding payment to Bravehearts of $68,000. I understand that this is nowhere near enough when it comes to tackling this very important issue but it is a place to start. Speaking of Bravehearts, I want to place on record my strong support for the work that they do, work that really does make a big difference to so many young lives. Both Ditto and the Life Education program with Harold the giraffe, which the former Premier cut funding to almost 10 years ago, is money well spent in the quest to educate and empower young children. Frequently we learn of children who are seduced into doing pornographic photoshoots. We heard earlier this year of a Brisbane man who possessed illegal images on his computers. He is also accused of seducing and grooming a child over the internet for sex. Family Planning Queensland I know would like to see more lessons on sexuality taught in high schools, stating in February this year that they estimated less than five per cent of students were getting adequate information. The association also stated that a quick talk prior to schoolies was all some students received, with a lot of schools devoid of any sexuality education at all. All too often we hear of classic cases of paedophiles who reoffend and reoffend, all the while their lust intensifying while they commit more reprehensible acts more often. These monsters filter into our communities, taking on positions of influence over our children and exploiting that trust. As a community we all need to be on guard in order to protect our children from those despicable persons amongst us who steal the innocence of our children. The need for urgency with this legislation is made further apparent by the recent spate of cases involving convicted offenders who, following their release, are trying to contact children. Only six months ago we had the very disturbing case of Desmond Buckby, a convicted paedophile who was caught with five children in his Townsville home. Once rearrested it was found that Buckby had given the children gifts, including toys and cakes, and let one of the children sit on his lap. Upon cross-examination the offender claimed that he ‘just wanted to be friends’ with the children. The fact that Desmond Buckby was already on one of Queensland’s strictest control orders is evidence enough that more must be done in this area. We do need a higher standard of protection to ensure that our children are safe and we need that standard immediately. The government, as per the Courier-Mail on 13 August, has not revealed details of the whereabouts of 1,878 paedophiles within Queensland and further has not revealed in which prison the 558 offenders are being held pending release. These paedophiles have forgone their right to privacy and do not deserve the government’s protection. Only a month before that, various media sources were reporting that Mark Anthony Foy, a man with a long history of paedophilia who had just been released from prison, was making contact with children in Brisbane’s west and ‘going out of his way’ to befriend mothers with young children. One cannot dispute that such behaviour further highlights the desperate need for stronger control orders for these people. The deplorable rates of recidivism need desperately to be combated. In March we had but another example of a paedophile repeat offender, Raymond Horne, who has had a 43-year reign of terror of child sex offences in Australia. After spending more than 14 years behind bars in Australia he was deported to the United Kingdom, where he will likely continue with his vile acts of child molestation. This deportation order led to outrage in Britain from child advocacy groups who believe there is a risk of Horne reoffending with his history of luring young boys into his home. Two weeks ago the pin-up board of sexual offenders who live in our community reminded us of the need to keep careful watch over our young. Amongst them was Douglas Allen, sentenced to 10 years for offences including carnal knowledge by anal intercourse against a 12-year-old male victim; 1080 Child Protection ... Bill; Commission for Children ... Amendment Bill 16 Apr 2008

Allan Ward, sentenced to 10 years for 46 offences against three girls over a three-year period; Lawrence Smith, sentenced to four years and six months for offences of indecent treatment of three girls aged four to seven; and the list goes on. On 9 April this year the Courier-Mail reported that in the past two weeks six serious sex offenders on Dangerous Prisoners (Sexual Offenders) Act supervision orders were arrested. Although not all were returned to custody, this high rate of breach of court orders does reignite the question of tougher sentencing for sex offenders as well as indefinite sentencing. These cases highlight the disgustingly high incidence of recidivism among child sex offenders. Though no definite statistics exist on recidivism of sex offenders in Queensland, comparable figures and overseas research reports suggest that rates of reoffending may be as high as 40 per cent. Available statistics, anecdotal evidence and research all paint the same picture, and I am glad that the Bligh government has taken the lead from its New South Wales counterparts and finally acted in an area that it has avoided. Now we do need the tougher sentences to further protect our children, and I do understand that the minister has been very supportive on this issue. I now move to the Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008. As I said before, this bill was introduced into this House by the honourable the Premier. Whilst I and my colleagues, as I have said, will be supporting this bill, I do feel that it has missed a most valuable opportunity to further safeguard our children. I thank the Premier for offering the opposition a briefing last Monday with Commissioner Elizabeth Fraser and advisers Don Wilson and Elizabeth Bianchi. They were most accommodating and helpful in answering my questions. As this bill has a rather lengthy title, I shall refer to it throughout this speech in abbreviated terms as CCYPCG. Before I proceed any further I wish to make mention of the fact that for the second time in amending this legislation the government has not engaged in any community consultation. When will the government begin to recognise the input from non-government stakeholder groups and the good people of Queensland and actually listen to their voices? Many a good idea is missed through lack of consultation from the very people who often are the ones who have to put into practice the legislative choices made by the government. The Scrutiny of Legislation Committee Alert Digest No. 4 of 2008 contained a number of concerns with this legislation. I would like to include some of those here. The committee notes that there are three serious issues regarding the offence provisions to be inserted or amended by the bill. Firstly, it would effect a significant increase in the maximum penalties for a number of offence provisions in the CCYPCG Act and would create new offences with significant penalties. The committee observes that the offences in some cases create liability where employers act contrary to the requirements of the act. Secondly, the committee had issue with clause 44, which provides that specified offences are indictable offences. Generally, indictable offences may be described as more serious offences tried by a jury. Conviction of an indictable offence, for example, may disqualify a statutory office holder from office. The categorisation of offences as indictable is therefore a matter of significance. The committee referred to parliament the question whether various provisions of the bill creating new offences and amending existing offences have sufficient regard to the rights and liberties of individuals. The explanatory notes to the bill state— There is potentially an infringement of the fundamental legislative principle that rights and liberties should not be adversely affected or obligations imposed retrospectively, to the extent that the Bill seeks to withdraw current appeals in specified circumstances. Again, this infringement is considered necessary to achieve consistency with the overarching policy intent of the Bill, which is to protect children from harm. The committee is concerned that people with existing rights to seek review of decisions under the CCYPCG Act would be adversely affected by clauses 30, 31 and 45 of the bill. The committee seeks information from the Premier as to why any retrospective effect of the provisions of the bill is considered to be justified. I understand though that many members in this House, myself included, would agree that when it comes to protecting children from harm these provisions are indeed justified. The Scrutiny of Legislation Committee’s Alert Digest also goes on to state— Under the Bill, there is no provision for merits review of a decision by the Commissioner to refuse to issue an eligibility declaration or to refuse to cancel a negative notice in relation to a disqualified person. Understandably, the Premier’s department has had some problems with this bill because of the issues I have just raised. As a former paediatric nurse, I am passionate about the welfare of our little ones. In this vein, I would like to contribute to the debate by putting forward ordered and practical suggestions—suggestions that have been discussed with me by concerned individuals. I do hope they will be taken in the light that they were shared with me. The objective of the bill is to function as a complementary piece of legislation to the Child Protection (Offender Prohibition Order) Act, which is why it is being debated in a cognate manner today. Several amendments are made to the act concerning offender prohibition orders where a number of sections encompass the provisions that persons on those orders or are subject to reporting obligations are prohibited from applying for a blue card. 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1081

This bill, through the broadening of these conditions, will ensure the following: that the framework for a blue card, its application and evaluation process will toughen exclusionary measures in order to review application for blue cards more stringently; that the application for a blue card by an excluded person is an offence punishable by up to five years internment or a maximum $37,500 fine; that the commissioner may cancel or suspend a person’s blue card if a person becomes disqualified; and that the commissioner and the police are allowed to share necessary information, which I believe is a very important step here to allow the effective administration of the blue card and prohibition order system. I have said in this House before that I wholeheartedly support the blue card and that it is a positive initiative of this government. While it is recognised that these provisions are not the magical elixir child safety in Queensland so desperately needs, they certainly will provide a more effective screening process as an initial vetting to ensure that only those fit may work with our children. The bill expands the exclusionary framework of the blue card system by way of amendments to part 6 of the CCYPCG Act which introduce the concept of a disqualified person. Disqualified persons are prohibited under this bill from making an application for a blue card. The new section 120E provides the offence of a disqualified person under sections 100 and 101 where any disqualified person who makes an application is committing an offence and is liable for five years imprisonment or a $37,500 fine. Attempting to gain access to our children through volunteering in institutions is a growing problem and can in effect be deterred by a measure such as this. These provisions place further and more stringent requirements on those attempting the application for a blue card and serve as an obstacle to would-be applicants with past criminal history. The bill further strengthens the blue card system by introducing additional powers for courts to issue disqualification orders in circumstances where a person is convicted of a serious offence other than a disqualifying offence committed against or in relation to a child where the nature of the offending behaviour clearly indicates that it would not be in the best interests of children for a blue card to be issued. These include the following: clause 43 inserts section 126C(1)(b), where a disqualification order may be made by a court against a person convicted of any serious offence involving or otherwise against a child; clause 41 inserts section 126AA, which provides powers for the commissioner and the Police Service to share information where necessary and appropriate to enable the effective administration of the blue card system as well as the Child Protection (Offender Reporting) Act 2004 and the prohibition order system proposed by the Child Protection (Offender Prohibition Order) Bill; providing police officers with the power to seize a blue card where an individual is no longer entitled to hold it; and also providing for effective and efficient transitional arrangements. As a measure of filtration, the blue card through its application and review process has proved in this past financial year its efficacy as a first-line defence against child abusers. The system employed by the commission when reviewing the applications for blue cards has proved most effective, especially considering that of the 248,323 applications lodged this past financial year 352 applicants were prohibited from providing child related services after receiving a negative notice—118 of these were the result of a cancellation of a positive notice blue card because of either a change in the applicant’s criminal history or the positive notice blue card having been issued based on wrong or incomplete information, and 44 of these are banned for life for excluding offence negative notices—135 applicants withdrew their consent to be further screened after being challenged about their criminal history; 69 applicants had their blue cards immediately suspended after being charged with an excluding offence which prohibits them from providing child related services until the charge is finalised and the suspension lifted; and nine applications were withdrawn by the commission after it was notified that an applicant was charged with a serious child related sexual or pornography offence while their application was being processed. This system of review is proving an expatiated measure of finding and filtering out these criminals. Whilst all these measures are positive and are providing results, we must also take the bad with the good. I have challenged the previous Beattie government in this House regarding the fact that blue cards do not encompass a means of photographic identification. In a ministerial statement in response to the debate over this bill given on Tuesday, 4 September last year, Premier Beattie said— ... I have never ruled out including a photo on the blue card. In fact, my recollection is that the last time I was asked about this issue I committed to considering the issue further as part of the current review of the operational workability of the provisions of part 6. So I reiterate that commitment, particularly in light of the development of technology ... So there we have it. The previous Premier committed the government to this issue, ensuring that it would be carefully considered. Sadly, it has not been included in this new legislation. The bill should provide the ideal means of a competent review of our blue card system. The pressing issue of photographic identification has once again been overlooked. We have yet another raft of amendments but still no photo ID. It would be a relatively inexpensive and easy to implement process. If we only inserted the space for a colour photograph on the application forms, as is found on the application for our passports, and had those photographs witnessed, we could simply and effectively implement another check and balance in the interests of child safety. So it is for these reasons that I shall be moving an amendment in my name to have the added security of photographic identification implemented within the blue card system. The amendment will effect part 6 section 101(3)(a) of the Commission for Children and Young People and Child Guardian Act 2000. 1082 Child Protection ... Bill; Commission for Children ... Amendment Bill 16 Apr 2008

It is high time someone in this House took a hardline, genuine and serious attitude towards correcting the shortfalls of child safety in Queensland. Identification is evidently a problem and these amendments do little to address that issue. Despite a commitment by the former Premier to consider photo ID on blue cards, we have not seen any action. I would ask the current Premier to explain in her reply—or if it is the police minister who is carrying this debate—why nothing has been done to implement these more stringent requirements. I urge her and the members opposite to rectify this important omission. Just last year, the commission withdrew 13,523 applications where identification requirements were not sufficiently satisfied. This is nearly 5.5 per cent of all of the 248,000 applicants processed for blue cards. This makes no mention of the number of people using another’s blue card to gain access to children. It is interesting to note that politicians are not required to hold a blue card. Perhaps our vocation should be added to those requiring them under schedule 1 of the Commission for Children and Young People and Child Guardian Act 2000. As politicians, we come into contact with children on a regular basis and I for one would find it prudent that we be required to have them, especially in light of recent affairs before the courts concerning a Labor Minister for Aboriginal Affairs and Minister Assisting the Premier on Citizenship. In November last year, Milton Orkopoulos was arrested and charged with 30 offences including involvement in child prostitution, sexual assault and supplying illegal drugs—all paid for by public funds. Orkopoulos was a member of parliament from 1999 to 2006 and whispers of his various offences began surfacing in 1995 when he was elected as a member of the Lake Macquarie City Council. We heard in March how he was convicted on 28 offences relating to sexual assault of a minor, indecent assault and supplying heroin and cannabis. In his portfolio, one would assume that he would have a blue card, especially with frequently dealing with children. Had politicians been included under schedule 1 of the act, making ours a vocation requiring a blue card, these offences may not have had the chance to occur, especially in seeing that whisperings of his abuses surfaced some 12 years prior to his convictions. Let that side of the House also not forget their own Bill D’Arcy, who was charged with three counts of rape, four counts of indecent dealing with a boy under 14 and 11 counts of indecent dealing with girls under the age of 12. Let us not also forget the further 30 charges of indecent dealing against another 10 girls and boys. For the trifecta, though, we have Keith Wright, the former Leader of the Labor Party in Queensland and Baptist lay preacher. I remind the House of the transgressions of the former member for Capricornia, who was a strong moral campaigner, deeply religious, opposed to pornography and a vehement defender of children and champion for their need for protection. Meanwhile, back at the ranch, Wright was engaged in the very activities he crusaded against. The former Queensland Labor state opposition leader had a sexual deviance towards adolescent girls. Yet another stellar example of the sorts of people we need to protect our children from is the former Northern Territory Labor MLA and former federal senator Bob Collins. Collins was charged with 21 child sex offences relating to the possession of child pornography, indecent assault, carnal knowledge and sexual intercourse without consent. One of the senator’s victims was as young as 12. When faced with his demons, Collins committed suicide and so the charges were never prosecuted. It is exactly these sorts of people from whom our children need to be protected and it is for this reason that politicians, too, need to be added to the schedule 1 list of regulated employment. One can advance the argument that these people may have obtained a blue card prior to their convictions. However, some would think long and hard before applying for one. The new section 120E would weed out from our ranks these most detested of our own profession. Convicted criminals would not be welcome in our House. My own experience as an applicant for the renewal of my blue card has revealed the delays one experiences in trying to obtain one. As shadow minister for child safety, I feel that I should have one. But it is ludicrous to see instances where a simple act of transference becomes something resembling a steeplechase, as was the case for me. The present organisation under which I hold my blue card as a volunteer I am led to believe is to be disbanded later this year. In my honesty I have revealed this. I would like to retain my card. However, upon its expiration on 11 April—which has now passed—I have no recognised requirement for one. Whilst my blue card was valid until then, I now have no recognised avenue for renewal. I was told that this parliament is not a valid organisation requiring a blue card—as it should be. As I have since learnt, there are only one or two members of this House who hold a blue card. I can only imagine the hoops they had to jump through to obtain one. With our members coming into contact with children on an almost daily basis, it would be prudent of us as a government to walk the talk and as a parliament ensure that our politicians meet the standards of the community at large. As I have already alluded to, in the interests of the safety of our children the blue card system should also apply to members of this parliament. Members on that side of the House have, to my disgust, a proven record in the molestation of our children and it needs to be combatted. We need to lend weight to the safety of our most vulnerable and not to the protection of the 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1083 most vile. Failure to do so would be condoning their behaviour. The inconvenience for our MPs is a small price to pay and would set a high moral standard and show to the people of Queensland that their elected representatives are to be treated the same as ordinary citizens when it comes to working with children. Again highlighting the rushed nature of this legislation and the lack of thought that has gone into further provisions, we see that educators still do not require a blue card. Whilst it is a correct assumption that teachers are subject to stringent police checks, surely a blue card would provide some benefit in certain situations, particularly in the review of the blue card every two years. Another reason for politicians to have a blue card is the practice of students undertaking work experience or doing volunteer work in electorate offices. Doubtless a number of these individuals would be young enough to warrant those supervising them to be required to hold a blue card. Concerns have been brought to my attention—and I do hope that the minister will take this point on board as well—that teachers in remote areas often have short postings and can be rotated or moved sometimes in two years. Surely as a precautionary measure a blue card would go far in the prevention of potential offences caused by nomadic teachers who move from post to post, potentially leaving a destructive wake. In no way am I pointing the finger at teachers as a more likely group to offend, but, as with every profession, you are bound to have a few rotten apples. Teacher aides, who, I am told, are more likely to reside in the local community, often outlasting any temporary teacher posting, require blue cards. Why is it, then, that temporary teachers do not have to have them with their posting often being for short periods—periods that are actually shorter than the validity of a blue card? Would it not be relatively easy to implement, along with a police check? The check could be the very same one, serving a dual purpose. Should anyone try to slip under the radar, the police commissioner and the Commissioner for Children and Young People and Child Guardian could cooperate under the new information-sharing provisions. Clause 34 inserts new sections 122(1)(d), (e), (f), (2B) and (2C) to expand the circumstances in which the commissioner may seek information from the police commissioner. Clause 34 also provides for an expansion of the range and nature of information that the police commissioner is obliged to provide to the commissioner in prescribed circumstances. These amendments are necessary due to the introduction of the expanded exclusionary framework for the blue card system based on the concept of a disqualified person. Clause 35 amends section 122A to expand the provisions relating to notifications from the police commissioner to the commissioner about changes in police information about certain persons. This is necessary due to the introduction of the expanded exclusionary framework for the blue card system based on the concept of a disqualified person. The commission, beleaguered by the restricted flow of information, is now allowed, pursuant to section 122(2B), to acquire information from the police commissioner about a relevant disqualified person. That information must now mandatorily be given to the police commissioner including (a) whether the person is or has been a relevant disqualified person; (b) whether the person is or has been subject to a disqualification order as well as the duration and details of the disqualification order; (c) whether the person is or has been subject to an offender prohibition order, including providing the commissioner with a brief description of the conduct that gave rise to the order and the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order. In respect of section 122(2C), the police commissioner must now give the commissioner the following information about a person who is or has been the subject of an application for a disqualification order, or named as the respondent for an application for an offender prohibition order and the order was not made. They must inform the commissioner that the person is or has been the subject of an application for a disqualification order, or named as the respondent for an application for an offender prohibition order and the order was not made, the reasons the application was made or the reasons the order was not made. This will usher in a further safeguard whereby the opening of information channels will allow the fast and expedient uncovering and prosecution of applicants who are disqualified from blue cards. Working with this information, the provisions of the bill vest powers for the commissioner to take appropriate action to cancel or suspend a blue card where a holder becomes a disqualified person. They also provide police with the power to assume the card and make it an offence not to surrender the card to the officer. The section also stipulates manners in which the confiscated card is to be dealt with. The commissioner may under section 119(1)(b) cancel a positive notice and substitute it with a negative one if the commissioner is satisfied that it is appropriate, after having taken into account: disciplinary information or information received about the person other than information known to the commissioner at the time the positive notice was issued; or a decision of a court made after the positive notice was issued, including the reasons for the decision, relating to an offence committed by the person. 1084 Child Protection ... Bill; Commission for Children ... Amendment Bill 16 Apr 2008

Clause 50 provides a new section 789A to the Police Powers and Responsibilities Act 2000 which gives police officers the power in prescribed circumstances to demand production of a person’s positive notice and blue card, and makes it an offence for a person not to comply with such a demand unless the person has a reasonable excuse. The section also prescribes actions that must be taken by a police officer who is given a person’s positive notice and positive notice blue card under this provision. This section applies if a police officer knows or reasonably suspects that the person is the holder of a blue card positive notice document and that the person has been charged with a disqualifying offence or the person is a relevant disqualified person. The police officer may require the person to immediately give the document to the police officer and the person must comply with the requirement under subsection (2). The maximum penalty for noncompliance is $7,500. This provides yet another example of where photographic identification would be a practical and prudent measure. The officer who is given a person’s blue card positive notice document under subsection (2) must give the person a receipt for that document. A police officer is then obliged to give the CCYPCG document to the Children’s Commissioner. In terms of the limitation and revocation of a disqualifying document, the Premier outlined in her second reading speech that only in very limited and defined circumstances will a person disqualified from having a blue card be able to seek the lifting of that disqualification by the commissioner. It is this area where there is some concern. The limited circumstances are where the person has not been sentenced to imprisonment in relation to a disqualifying offence. I would ask the Premier or the minister carrying this debate to provide the House with an example of this, other than the one that is mentioned in the second reading speech. Should people committing a disqualifying offence actually be allowed to have their ban lifted? I would think not. Further, how do we implement accurate review of these cases when judges may exercise absolute discretion in deciding the cases in the first instance and the commissioner’s discretion is not subject to any guidelines. As we know, sentencing varies greatly and is often the source of a great public outcry. The Attorney is then prompted to call for an appeal against the leniency of the sentences. Take for example the sentence for the rapists in Aurukun. Other circumstances include that the person does not have reporting obligations under the Child Protection (Offender Reporting) Act and are not subject to a child protection offender prohibition order or a disqualification order. Surely all members of the parliament see the merits in these circumstances and particularly those given in the hypothetical example mentioned by the Premier in her second reading speech. Whilst it is all well and good to pay lip-service to these supposed provisions, I actually fail to see where within the legislation they are actually implemented. Any such provision is perhaps vague and unqualified and I feel are very difficult to implement. We need to look only so far as the events that occurred in Aurukun in December last year to see that in the exercise of judicial discretion in the deciding of a case it is not always considered particularly fair and just practice in these circumstances. In the case that shocked the nation as the details of this depraved and deliberate gang rape of a young Indigenous girl were revealed, people were further dismayed at the attitude of judges and lawyers who failed to seek custodial sentences for any of the nine perpetrators who pleaded guilty. Six boys and three men raped a girl who was aged 10 at the time. The senior legal officer further outraged the world with comments that this girl who suffers from foetal alcohol syndrome probably agreed to sex. For these provisions to prove fitting and to ensure that people are not falling through the cracks we must have a practical mechanism of review—one that is flexible enough to encompass those very limited circumstances in which we should allow a disqualified person to obtain a blue card. They must also be sensible and stringent enough to shield our children from would-be predators. These provisions would follow a common-sense approach where persons who commit a crime some years prior may apply for blue cards under particular circumstances. As I mentioned, the Premier gave an example in the explanatory notes of a 17-year-old being convicted of carnal knowledge with a 15-year-old who now some years later have married and without the risk of further offence would like to obtain a blue card. I can see the merit in this provision but I would like to think that that example would be the only instance in which these provisions would apply. I shudder to think that every sex offender on the books may have their disqualification from a blue card overturned by the passage of time. After speaking with the commissioner and senior staff on Monday, I have been assured that this could only happen in the situation mentioned above. I truly hope so. This side of the House would not like to see the behaviour of child sex offenders of the nature we have come to see recently excused by the lapse of time. If we look at the astonishing rates of paedophile recidivism, it is evident that time should not erase their crimes. Undoubtedly, there will still be some unsavoury characters who slip through this new system but the majority will be denied blue cards. 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1085

This raises sentencing provisions again. We see it with domestic violence, rape and teenage pregnancies in remote communities. There are many well-documented difficulties with overflowing court systems in these and other communities and municipalities. Many young adult offenders do not receive sentences let alone those who would see them placed in custody. With those comments, I commend the bill to the House and I note that I shall be moving an amendment to further expand the efficacy of this important initiative. Mr JOHNSON (Gregory—NPA) (5.05 pm): It is with much pleasure that I rise to speak in the cognate debate on the Child Protection (Offender Prohibition Order) Bill and the Commission for Children and Young People and Child Guardian and Another Act Amendment Bill. These two pieces of legislation were introduced into the House coincidentally by two women—the Premier, the Hon. Anna Bligh, and the police minister, the Hon. Judy Spence. Both these women being mothers gives me an idea of the detail that they would have put into the legislation before they were introduced. The important point is that members on both sides of the House support the cognate bills. More importantly, again we are talking about the most precious commodity in our communities—our children. If I could go a little further, I believe the most vulnerable people in our community are not only our children but also our women. Crimes against children and women are heinous crimes. These crimes sicken me. It shames me at times to think that I am a man in a society where there are men who carry out these crimes. I think that is the case for probably every man who is a father or a grandfather like me, and fortunate to be one. When we think about the little children that are ours and think about the people out there who abuse children and women for their own enjoyment I think it is a sad indictment on the good people of our community. This is serious legislation. We deal today with an element of our community who believe they have a God-given right to stalk and molest children and, as I just said, women. I refer to the recent case of Robert Fardon and Mark Foy and the unfortunate lady down the coast. These are the situations that we are subjected to on a daily basis. Today I want to speak mainly to the Child Protection (Offender Prohibition Order) Bill 2007. I want to congratulate the minister, Judy Spence, on introducing this piece of legislation to the House because again it is going to stiffen the penalties and make it tougher for this element of society to offend. The opposition will support any legislation that further enhances the protection of our most vulnerable people. The minister in her second reading speech stated— ... although they may restrict the freedom of movement and residence of a sexual offender, will provide for the protection of our children. I hope that it is going to go further than that. I hope it is going to be a bit tougher than that. The good aspect of this legislation is that it is going to further strengthen the law in the case of a paedophile who returns from South East Asia and thinks he may re-engage in this filthy criminal activity back in Queensland. He is automatically required to register for five years under this piece of legislation. At the end of that period a further period can be deemed necessary to apply to this person of interest. I think this is a very good aspect of this piece of legislation. We see so many people of European extraction go up to South East Asia and attack the most vulnerable people in those communities for their own enjoyment. They do not have any moral values or principles and when they come back to our community they want to do the same thing with our young children. Many people are probably aware that a lot of people who commit these crimes are known to the children offended against or are close to their family in some way. That is a sad fact of life. I have said it before—I have said it on radio—and the minister may disagree with me, that although the police do a fantastic job, and we all agree on that, we have to toughen the law to make absolutely certain that there are no loopholes that allow these people to get away every time. I know that the minister has spoken to the Attorney-General about trying to toughen up some of these laws to make certain that these people are not released back into the community as easily as they have been. It must be an embarrassment to the government. I believe it must be an embarrassment to everybody in this chamber but, more importantly, it is an embarrassment to our police who are out there at all times putting their lives on the line, trying to do surveillance of this element and making certain that the most vulnerable people in our community are safe from these types of people. In her second reading speech the minister stated— Although any piece of legislation will not prevent the commission of an offence, this bill will make a difference. It will go a long way towards making the community safer for children. I would like to think this bill should be about going a long way towards making a total difference, not just a difference. It is all very well putting a bangle on these blokes to monitor them when they get out of jail, but I think when we have an uncertain situation the best bangle of the lot is prison itself. At least we know they are surrounded by something that they are not going to get out of. Some time ago I spoke to the Hon. Tony McGrady when he was the police minister. One night I sat in this House with him and discussed at length this very issue. At the time he said that these people think it is their God-given right to interfere with young children, to molest young children, to prey on 1086 Child Protection ... Bill; Commission for Children ... Amendment Bill 16 Apr 2008 young children, to stalk young children and to commit these heinous crimes. In terms of rehabilitation programs, the minister is more qualified than I am to know how those programs are working, but in real terms a lot of these people will not participate in those programs because they believe that they have done nothing wrong. Until such time as those people can see the ill of their ways, there is only one place to confine these people. It is not in halfway houses; it is in prison itself. I notice the bill has greater ramifications for mature offenders rather than juveniles, which is fair. But I believe some of these young people think it is okay to participate in carnal knowledge activities. But the law is the law. They know the age limit. I know of people in my own electorate who have violated the law because of under-age sexual activity. I really think that too many people think they will not be caught or the law will not apply to them. If they are going to engage in that behaviour at a young age, they will engage in that behaviour when they are older. I really and truly think we should teach our kids in schools exactly what the law means in some of these areas. If we did have such a program, maybe we would be keeping some of these people out of prison itself. I notice the minister referred to juveniles who may have broken the law in, say, New South Wales or another state and who then come to Queensland and will be placed under surveillance here by the department. That is a very good aspect of the legislation, because it means that this element is not going to be tolerated in Queensland. It will show that the Queensland authorities will monitor very closely all elements of the community who break the law in this area. The minister also made reference in her second reading speech to vigilante groups. None of us condones vigilante groups. We have seen what has happened in other countries and perhaps in Australia when people take the law into their own hands. The reason they take the law into their own hands is that the law is too weak, it does not confine that element of society to jail for long periods, or the penalties are not stiff enough. We do not need to see the situation arise where the victim becomes the perpetrator. If the law is tough enough, I do not think we would have any problem with vigilante groups. Our Police Service is doing a magnificent job. We have to make certain that the tools the police are given by the courts are tough enough and strong enough to make certain that their work is going to be done and that in three or four years time they do not have to say, ‘This bloke is out again. We have to watch him again.’ This is an unfortunate situation with the law. It has to be tough: no ifs, no buts. The police do a magnificent job, but if the court system does not back them up then it is a waste of their time. As the minister said, this bill gives police an extra string to their bow in an endeavour to curtail the offending behaviour of recidivist paedophiles. I think that is an important fact. The police can do only so much to protect our communities, especially the most vulnerable—our children—from this element. As I just said, the courts have to make certain that that happens. Many times we hear the civil libertarians out there crying about how some of these offenders are treated. I say to the civil libertarians that if their children were affected in this way I bet they would not come screaming. They would shut up and say nothing. We all know what civil liberties are about, but when it comes to our children and to the women in the community, there are no ifs and no buts. As I have said before, they are the most sacred people in our communities. They are the most vulnerable and they deserve to be protected by every aspect of the law no matter what. I urge everybody in this House today to support the government and to support the minister and this legislation, because it makes it more difficult for offenders. I think the Attorney-General will look at ways and means of toughening up the court system so that these people do not get into those halfway houses and get back into the community and commit these heinous crimes. At the end of the day, that is where the system breaks down. It is difficult to police these people because they are cunning. Most of the time they are a step ahead of people. As members know themselves, most of these people prey on young, vulnerable people from a long way off. They tend to think that nobody is watching. The police cannot be everywhere. We have to work together. In that regard, I believe that the other sector that can play a very important role is the media by alerting people where possible as to what is going on. People say, ‘We don’t want people to know where these offenders are when they are released from prison.’ I think it is people’s God-given right to know where they are when they are released from prison. If the legal system wants to let these people out, maybe we could build halfway houses next door to some of the judges. They then might think twice about letting out some of these people. If these offenders suffer pain for their crime, are locked away and feel the full force of the law, and the police and the community know that they are going to stay there, I believe that that is the way it should be left. I want to go back to what the shadow minister for child safety said with regard to her stance on the issue of having a photo on a blue card. I believe that is a very important aspect of the blue card. I will give members the example of my wife, who is a teacher by profession. She did, however, need a blue card to work in a local school out west in an administrative capacity. Because her name is spelt R-o-b-i- n, which can be a girl’s or a boy’s name, with no photo on the blue card nobody would know who Robin Johnson might be. That could be applicable to other people. Photo identity will clarify that and prove the identity of that person. That is just one example. I support the shadow minister for child safety in her determination to see that photo included. I have spoken about it in this parliament before. It is a very 16 Apr 2008 Child Protection ... Bill; Commission for Children ... Amendment Bill 1087 important aspect of the identity of a person so that we know who we are dealing with. When new people come into communities, if they are working with children, in whatever capacity, it is always good to know that they are that person. In closing, I thank the minister for the briefing she always allows her departmental staff to give. I especially thank her Chief of Staff, Simon Tutt; Fred Gwinn, police policy adviser; and Inspector Greg Thomas, Senior Sergeant Troy Smith and Di Bennett from the legislative office of the Queensland Police Service. These people from the minister’s office always give good briefings on these pieces of legislation and it is always a pleasure to deal with them. I thank the minister for that. It gives me great pleasure to support this legislation. Mr WEIGHTMAN (Cleveland—ALP) (5.20 pm): I rise to participate in the cognate debate on the Child Protection (Offender Prohibition Order) Bill and the Commission for Children and Young People and Child Guardian and Another Act Amendment Bill. I lend my support to the Child Protection (Offender Prohibition Order) Bill because I believe that this bill is a necessary, suitable and useful tool to better enable the Queensland Police Service to protect young Queenslanders from sexual predators and paedophiles. In my experience, members of that particular group of criminals, perhaps more than any other, fail to change their behaviour as a result of the punishment meted out to them. As the minister said during her second reading speech— Unlike other types of criminals who tend to mellow over time, these sexual predators continue to offend throughout their lifetime. They seem to hold a core belief that their activities are not depraved, immoral or criminal. This bill allows police to identify situations where children are in danger and then works to prevent offenders from striking again and damaging more young lives. The impact of that damage is not felt just by the aggrieved but by their family and friends. The social impact of these types of offences should not be underestimated as it does not just have a human facet but translates into financial impacts in the course of the rehabilitation process via already-strained government departments such as Child Safety, Police, Corrections and Health. I am sure that by now members of the House would be well aware of the substance of the bill. However, I would like to briefly cover the operational aspects of the bill before addressing the fundamental compromise that this bill hits at. In essence, the bill will allow the Magistrates Court to make an order to prohibit previously convicted child sex offenders from engaging in certain behaviours which would otherwise be lawful where the offender has engaged in conduct which suggests there exists an unacceptable risk to the lives or sexual safety of children. The bill allows for the creation of prohibition orders, which in most cases would presumably be final orders, but which can on occasion constitute temporary orders if the urgency of the situation requires it. Such an order can prohibit conduct such as mixing with other offenders, being present at locations where children are likely to be, engaging in behaviour which might put children at risk or being employed in fields which are likely to bring offenders into contact with children. The bill quite rightly builds checks and balances into the process to ensure that when an order is made it is with good reason. It is only when the offender in question has recently engaged in concerning conduct that an order can be made. The magistrate must be further satisfied that the person poses an unacceptable risk to the sexual safety or lives of children having regard to the nature and pattern of conduct which they have recently engaged in. Perhaps not in the House today but certainly within elements of the community it is possible that there will be those who say that this bill goes too far because it places further restrictions on people who have served out their punishment for past offences and are therefore entitled to the same freedoms as the rest of the general population. In defence of this bill and in response to such an argument, I would say that in any situation where we must make a decision between either enacting legislation which will help in protecting our children from the vilest of crimes or defending the rights of those who perpetrate them I will always err on the side of protecting young Queenslanders. I will continue to support moves to enable us to better protect them. This bill is another step in that direction and I strongly support it. I commend the minister for initiating these tough measures through this bill, and I commend the bill to this House. Mrs ATTWOOD (Mount Ommaney—ALP) (5.25 pm): At the outset I thank the minister for taking time out to visit my electorate of Mount Ommaney last week to launch the new Centenary Police Beat. Ms Spence: Again. Mrs ATTWOOD: Yes. The minister visits quite often, actually. This police beat will certainly be a boon to preventative and community policing in my local area. The bill before the House today strengthens laws that deal with convicted paedophiles once they are released into the community. Paedophilia is a crime where the offender is driven by a strong compulsion to seek out or stalk their child victims. These offenders dedicate much of their lives to infiltrating their way into places and occupations where they will have ready contact with children. They continue to offend during their whole lifetime and seem to strangely hold a core belief that their activities are not depraved, immoral and least of all criminal. 1088 Motion 16 Apr 2008

This bill will curb their activities and allow police to monitor the activities of paedophiles when they are released back into the community. Some of the news headlines across Australia over the last year have raised public concern over the issue of paedophiles in the community. A Queensland paedophile appeared in a New South Wales court for failing to notify authorities about taking a job which brought him into contact with children. Dennis Ferguson was arrested after taking a job with a company that sells products to schools, charities and other groups and had already visited the grounds of one school in connection with his work. Under New South Wales law, he was to notify police about any changes to his employment. Ferguson was freed after spending 15 years behind bars in Queensland for sexual offences against children. Ronald Geoffrey Weeks, 81, of Mannum, east of Adelaide, pleaded guilty to 21 counts of abuse across South Australia between 1957 and 1979. Queensland’s top prosecutor has sought to have a 57- year-old Brisbane paedophile jailed for 14 years for molesting four young boys and trading their images on the internet. The man pleaded guilty in the Brisbane Magistrates Court to 10 charges, including taking indecent images of children and maintaining a sexual relationship with a child. After a tip-off from the American authorities, police searched the man’s home in Brisbane’s south and found more than 4,000 child porn images and 150 videos. The Director of Public Prosecutions at that time, Leanne Clare, told the court that the pornographic material was some of the worst local authorities had ever seen. A man was charged in Cairns with five counts of indecently dealing with a child under 12 years of age whilst in his care and one count of making a child abuse video game. More than 70 further offences were brought against the man, including 74 charges of indecently dealing with a child and counts of administering a stupefying drug, torture and obtaining a child for the purpose of making an objectionable video game. These are just a few of the ugliest reports across the country of predatory offenders. Under the provisions of this legislation, offenders who have been convicted of sexual and other serious offences against children are required to keep police informed of their whereabouts for a period of time after their release into the community. The legislation facilitates the investigation and the prosecution of any future offences a sexual predator may commit. The Bligh government will empower police to apply to a magistrate for a prohibition order that will prohibit particular sexual offenders from engaging in conduct that poses a risk to the lives or sexual safety of our children. I commend the minister for her work in making this legislation a reality. From a local community perspective, I look forward to the staged construction of the police academy at Wacol just south of my electorate. This new facility is long awaited and will replace the outdated and outgrown facilities currently at Oxley. I believe that these new facilities will enhance police effectiveness in resolving crime and putting offenders behind bars. To me this can only mean that communities will be made safer, especially for our precious and most vulnerable children. I commend the bill to the House. Debate, on motion of Mrs Attwood, adjourned.

MOTION

Mount Isa, Documents Relating to Lead Levels Mr SPRINGBORG (Southern Downs—NPA) (Leader of the Opposition) (5.29 pm): I move— Following public concern about lead poisoning, the government table all advice and reports prepared for or by Ministers, Ministers’ Offices and Government Departments, in the last five years, containing information relating to air quality levels, residue levels and soil contamination levels in Mount Isa and the surrounding region. In recent weeks and months significant concern has been raised about potential lead and other heavy metal poisoning for people who live in the Mount Isa community and surrounding regions. I have been in this place for almost 19 years and this is not the first time that I have heard this concern expressed in the parliament. I first heard it expressed in the early 1990s, which was not long after I first entered this place. Over time a lot of people have said that the risks are manageable and in some cases it has been said that the risks are not really measurable. In some cases this issue has been billed as sensationalism and in many cases the conclusion has been reached that the data is inconclusive. Certainly in the early 1990s some testing was done, but there has not been a regular process of testing until more recent times. From the outset I make it very clear that in no way do I seek to impugn the reputation or the importance of Mount Isa Mines or Xstrata, as we know it today, because the mine is very important to the state and has been for a long period. In fact, today I understand it contributes some $50 million in royalties to the state government. Therefore, $50 million worth of royalties comes to this state government from Xstrata’s Mount Isa mine. It is an extremely important mine in economic terms. If we then look at the local community of Mount Isa, it is fair to say that if it were not for that mine the community would not enjoy such economic health and prosperity. Only a few years ago the resources industry in Queensland was somewhat in the doldrums and we saw the impact of that downturn on Mount Isa. Recently that community has enjoyed a greater degree of prosperity and optimism. 16 Apr 2008 Motion 1089

I have moved the motion that is before the House tonight in an attempt to ensure that all of the information needed by people, not only in Mount Isa but in the broader community, is made available to allow us to be better informed about what the government really knows and the decisions that need to be made. Like many others I am concerned that legal action is starting. We do not know where that legal action will go, but it has been billed as a test case and more things may come from it as we go further down the track. Regardless of that, in order to address the concerns of the Mount Isa community, the media and the general community, we need to have access to the information that the government has had prepared for it over a period. Therefore, the motion specifically deals with reports that relate to emissions insofar as air quality is concerned and also the contamination of soil and water. We need to have that information. I have asked for information that relates to a five-year period. I must admit that earlier I thought maybe we should go back 10, 15 or even 20 years, but it could take a long time to compile that information. Surely, with the sophistication of today’s monitoring devices, a snapshot from the past five years would be extremely helpful to this parliament and the local community, which needs to be aware of what is happening. Let us look at recent media commentary regarding this issue. In 2006 Queensland Health’s Director of Environmental Health Services said— At this stage it’s important to say these kids aren’t sick ... these levels are merely an indication of risk to the population. He then stated— These nine children have marginally elevated blood lead levels, and I suppose the risk of a high blood level in their child is that it could, over time, cause some intellectual development issues and some behavioural problems in children, so it’s nice to know this early and do something about it. That comment certainly down played the seriousness of what has emerged in recent times. Further, studies in Australia and the United States have linked blood lead levels of 10 micrograms per decilitre, which is one-tenth of a litre, to intellectual and behavioural difficulties in youngsters. Queensland Health screening has found 45 children testing above 10 micrograms, with nine above 15, two above 20 and one registering 31.5. As I understand it, the level at which Queensland Health becomes concerned is 15 micrograms per decilitre. Around the rest of the world the standard is 10 micrograms per decilitre. On 28 February, the gentleman whom I quoted above said that the report into the lead in blood sampling would be released by June this year. The Tropical Population Health Unit has run a public campaign reminding parents to wash their children’s hands after playing in the dirt and to wash fruit before eating it. In an article in the Australian of 27 February 2008, Leigh Dayton states— Heavy metal contamination in soil and water around the central Queensland mining town of Mount Isa— I am not sure that I would call it central; I would call it north-west— remains hundreds of times above government limits, seven years after scientists first called for action. In 1991 Dr Mark Taylor of Sydney’s Macquarie University began investigating toxic metal pollution in the footprint of the Mount Isa mine now owned by Xstrata. Since the publication of Dr Taylor’s findings in 2007, Xstrata North Queensland announced that it would undertake an environmental study. However, as of 27 February 2008, Dr Taylor has been unable to obtain preliminary or final data from the investigation, or scientific data backing efforts by Xstrata to remove contaminated soils. However, a spokeswoman for Xstrata has said that the environmental study showed only low levels of lead at public parks and swimming pools. She said remediation efforts in areas considered to have low human activity would be completed by the middle of this year. If we look at this in the context of the amount of lead that is emitted across Australia, the figures are quite startling. National pollutant inventory data shows that in 2006-07 Mount Isa Mines emitted 310,000 kilograms, that is 310 tonnes, of lead. That is more than triple the lead output from Australia’s entire motor vehicle fleet. The study found lead levels in residential areas of Mount Isa were up to 33 times higher than limits set by federal government guidelines. It is very clear that there is an issue in Mount Isa, although we are probably yet to resolve the extent of it as a serious public health issue. Children in that community do have elevated levels of lead in their blood. It is a matter of public record and research that elevated lead levels in children’s blood will lead to intellectual impairment and can lead to other developmental issues. We need to know that the government is being absolutely clean about what it is telling us. We need to be reassured that the information that it has will be made available, not only to the people of that community but also to the people of Queensland. If there are concerns and if the government has preliminary data that indicates that, it should be acting now to address that problem well ahead of that issue even coming out of further reports. This is serious. It is something which we must know about so that we can ameliorate or address the concerns of the public and certainly put preventive measures in place to ensure that the health and safety of the people who live in Mount Isa and the surrounding region are protected in the future. 1090 Motion 16 Apr 2008

Mr LANGBROEK (Surfers Paradise—Lib) (5.39 pm): It is my pleasure to rise to second the motion moved by the opposition leader. I note that the Premier is not here for the debate. I think it is important that at some stage the Premier assures the House, as I attempted to ask this morning in question time, that she will direct her health and environment ministers to not take the information that their departments have gathered over the past five years to cabinet and lock it up under freedom of information provisions but provide it for the people of Queensland. The Bligh government has ignored a series of damning reports about dangerously high lead levels in Mount Isa for more than a decade despite serious public health concerns, and I will speak about some of those in my contribution. One of those reports is called the Final Report of Mount Isa Mines Limited Panel Assessment Study from February 2001, and I table that. Tabled paper: Final Report of Mount Isa Mines Limited Panel Assessment Study, dated February 2001. That is a 57-page report for the minister for the environment. Recent reports have indicated that one in 10 children under the age of four living in Mount Isa suffers potential lead poisoning. Of the 403 children screened for lead poisoning, at least 45 tested positive to elevated lead levels in their blood. The level of lead they registered was well above World Health Organisation standards. Children in Mount Isa are being exposed to a cocktail of metals including lead, copper, zinc and sulfur dioxide. An independent environmental study already referred to by the Leader of the Opposition conducted by Dr Mark Taylor of Macquarie University—and, importantly, it is an independent study, not one commissioned by the government—on 15 March 2007 found that lead levels in Mount Isa suburbs were up to 33 times higher than national guidelines recommend. He also said at page 5 of his report that it is a serious concern that the authorities have known about the extent of contamination since at least 1990—and I table a copy of his report. Tabled paper: Document, dated 15 March 2007, written by Dr Mark Taylor of the Department of Physical Geography, Macquarie University, titled Summary of Ongoing Research into Environmental Contamination of Soil and Sediment Around Mount Isa, Queensland. The National Environment Protection Council requires an investigation when lead levels reach 300 parts per million. In this study the level of lead was up to 9,780 parts per million. An environmental audit must be done when copper levels exceed 1,000 parts per million. In this case it was 12,110 parts per million. Also, 7,000 parts per million of zinc usually initiates an environmental audit. The number here was 11,120 parts per million—far above the national recommended level. The Labor government has known about these problems for more than a decade. In fact, a huge clean-up had to be launched following soil and water tests in 1990. Ongoing air quality monitoring and blood testing was recommended 14 years ago when tests revealed high levels, yet nothing was done about it except for testing about 500 children in 1998 after which the government ceased testing. In 2001 the EPA’s audit of environmental conditions at the Mount Isa and George Fisher mines identified the impact on air quality as a major issue of concern in relation to the public health of residents living in the vicinity of the mines. That report was 93 pages, and I table that report. Tabled paper: Document titled Audit of Environmental Conditions, Mount Isa Mines Limited Agreement Act 1985, Mount Isa and George Fisher Mines, Mount Isa Mines Limited, dated 12-16 March 2001. We know that the Environmental Protection Agency has raised its concerns about public health with the health minister on a number of occasions over the past decade. In 2006, as reported in the Australian on 22 June, a senior EPA staffer resigned in disgust after the environment minister consistently rubbished his concerns about the department’s failure to introduce air quality monitoring. The health department is on the record as saying that it has kept a watching brief on dangerous lead levels for more than a decade. Queensland Health staff warned parents not to let their children play in the dirt as well as ensure that kids washed their faces and hands before they went to sleep. They recommended that Mount Isa families clean their houses with mops and buckets to get rid of contaminated dust. Yet they sat on this information and did nothing more about it—nothing more to ensure the long-term wellbeing of residents and their children. There were no mandatory health checks and no ongoing air quality monitoring. Instead, the Minister for Health ordered a study into blood lead levels, which has taken 18 months to complete. Rather than institute a compulsory testing regime, Queensland Health conducted campaigns and provided incentives to attract enough children. In September last year, as the minister advised us yesterday, the minister knew that more than 10 per cent of the 349 kids who had been tested for elevated levels of lead were turning up concerning results. Despite this, the minister did not take any action until he had collated information from 400 children. Surely this should have been a case for compulsory testing with the parents having the choice of opting out rather than having to opt in. The health minister justified his actions in this place yesterday by suggesting that he did not have the statistical proof that children in Mount Isa suffered higher lead levels than children living in other parts of Queensland. We say that surely the minister had enough information at hand from this study and the paper trail of reports and studies behind it to know that he had a problem. Rather than that, he has tried to blame parents for their choice to raise children in the region. The health minister has forgotten that these statistics are about young Queenslanders who may be at risk of serious health and 16 Apr 2008 Motion 1091 developmental problems. I implore the Premier, the Minister for Health, the environment minister and any other member of the Bligh government who knew about this potential public health problem to release the information for the benefit of Queenslanders. Hon. RE SCHWARTEN (Rockhampton—ALP) (Minister for Public Works, Housing and Information and Communication Technology) (5.44 pm): I move the following amendment— That all words after “poisoning” are deleted and the following words inserted: “that this House note: 1. the scope of a request for all advice and reports in this regard would require extensive search and retrieval through a vast range of documents across a number of Government departments; 2. that this information could contain information about the private affairs of individuals; and 3. that the Freedom of Information process ensures that any private information of individuals is appropriately protected. Further, that this House calls on the Leader of the Opposition to make a Freedom of Information request for this information to ensure that it can be released with appropriate protections for the privacy of individuals. Further, that this Parliament notes the Premier’s commitment to release any document considered by Labor Cabinets in relation to this matter which would otherwise be FOI exempted and calls on the Leader of the Opposition to make an equal commitment in relation to documents considered by previous National/Liberal Cabinets. The standing order under which this motion has been moved is an ancient one, and it is there for a very good reason. It has not been used in recent years except by the opposition in a lazy attempt to gain information and bypass the FOI system. In 1946—and I plucked this one out today with the assistance of the Clerk—it was used for things like the expenses of ministers, the expenses of overseas trips, fees paid to barristers and solicitors and company employees, possible statistics and so on—all the sorts of things that people can now find under an open and accountable government like ours on any of the relevant web sites or in any of the documentation that is brought in here through the budget process or whatever. While this parliament must always have the right to obtain documentation of any kind that it wants, at any time that it wants and for any reason that it wants, it must also be very cognisant of the fact that it has a responsibility to the people whom we serve to ensure their rights are not trammelled. To pass this motion tonight would do just that. Who knows what people are associated in the reports there? I guarantee that no-one in the opposition could identify it. Are there any legal ramifications of this? Will somebody who may or may not be involved in some form of litigation have their legal rights trammelled as a result of this? The FOI Act is in place for a very good reason and this standing order predates that. The FOI Act is there for a very good reason because it allows for the considered release of documents in the public interest—considered in that it considers the people concerned. We have to get their permission in most cases to allow their names to be accessed by an individual. We on this side of the parliament do not have any problem in providing this information. The Premier has given an ironclad guarantee in relation to this motion that any document that would otherwise be exempted by cabinet provision, which goes to the point made by the member for Surfers Paradise, will be allowed to be released. We do not do this lightly. This is not a usual step. It is done because we are not prepared to have any shadow of doubt cast over this matter whatsoever. This is about openness. We have got nothing to run or hide from. We are asking the Leader of the Opposition to make an equal commitment that anything that was done under his government that may be exempted—anything that was done in the time of a tory government in this state—is similarly exempted. He has given me that commitment by nodding across the chamber. This is the second time the Leader of the Opposition has used standing order 27. I also point out that I have advice that this motion we are debating tonight is inappropriately worded. We probably could have had it struck down if we really wanted to. I say to the Leader of the Opposition that when he is wasting his time framing these motions he should have some consideration of what the standing orders say in terms of ordering a result. The fact of the matter is that this provision is there as a precursor to all the sorts of openness and accountability items that came in in the early nineties, and that is why it has not been used. Who brought in those openness and accountability measures? It was Labor who brought them in, with the introduction of the estimates procedures and things like that which did not exist hitherto that time. It would be a very, very dangerous precedent if we agreed to this attempt here tonight to bypass the FOI Act. Just imagine if you were a person who was mentioned in one of these reports and the truck turns up here—because that is what would be needed—in six, eight or 10 weeks or whatever the case may be after workers had gone from department to department and picked up every piece of paper that was there. In amongst that paper would be people’s names, their private medical records and all manner of things that would then become a matter of public knowledge against their wish, against their desire and against the public interest. 1092 Motion 16 Apr 2008

When the National Party and the Liberal Party put this together tonight, they were well aware of what they were doing. It is important that Queenslanders understand just how dangerous it would be if they allowed the likes of those people opposite to sit on this side of the House. Members opposite should go back to their constituents and tell them that they think the parliament is here to get at any given time any record that might be around about them from any department and have it brought into this parliament and put into the public area. I challenge members opposite to say that that is a sensible, reasonable or responsible use of the power that has been trusted in them. As I said, this is a very dangerous, ill thought out, ham-fisted attempt at trying to get a result that would have been achieved through hard work and application and knowledge of the FOI system. That is the hard work that members opposite have not been prepared to put in. This is the lazy way around it. They have just come into the parliament, rattled up a motion—and it does not even matter if it meets the standing orders; they have just written out any old tripe—and expected the parliament to do the work for them. This is not about that at all. I reject out of hand the dangerous motion put by the member opposite. Hon. S ROBERTSON (Stretton—ALP) (Minister for Health) (5.51 pm): I rise in support of the government’s amendment to the motion and to inform the House about Queensland Health’s initiatives surrounding this very important issue. As we now know, a major study began around mid-2006 to assist families living near the decades old lead industry in Mount Isa. It commenced with officers undertaking a survey of children to measure how lead may have been impacting on their young children. The project team also offered families an opportunity to have their children take part in comprehensive testing of blood lead levels. The Mount Isa community was approached to take part in the blood-testing program through a comprehensive communications program, including intensive local advertising and public events. An expert team sent out a call for 400 Mount Isa families to participate in this blood-testing program. That call for the blood testing of children became a cry borne of some frustration, because in reality it took about 18 months before the target of 400 children was reached. That explains why, in relation to comments made by the Leader of the Opposition, original dates set for the release of this study have been delayed. It was not through obfuscation by the government or some attempt to hide; it was simply because of the challenge of actually getting a statistically relevant number of participants in that blood- testing program. Nonetheless, in December 2007 Queensland Health’s expert team had finally assessed 400 children aged between one and four years. I am advised that children of this age are the most sensitive indicator of environmental lead exposure, hence they concentrated on that particular demographic. Queensland Health assisted those children with comprehensive blood testing that sought to measure the presence of lead in their blood levels. My office has been advised that the outcomes of that study are being analysed and externally and independently reviewed. So it will not be reviewed just internally; it will be reviewed externally. It is expected that the report will be completed by mid-May and released to the community at a public forum later that month in Mount Isa. Initial findings, however, showed that 45 children—or around 11 per cent of those tested— required immediate assistance with elevated blood levels. I am advised that the expert team has taken swift action to assist those children with those elevated blood levels. Those children have been actively case managed by Queensland Health—not ignored, as suggested by the opposition spokesperson for health. They have been actively managed by Queensland Health. Their parents and guardians have been given support and tailored strategies to manage their children’s exposure and, where appropriate, they have helped a few children to access referrals to paediatric specialists. Health experts will closely monitor and assist the 45 children identified in testing until it is clear their blood levels are below 10 micrograms per decilitre. Thankfully, I am advised that none of those children had blood levels that specialists viewed as serious enough to require treatment known as chelation. This is a special intravenous or oral treatment for those with severe blood levels that removes lead from the blood. Importantly, the community is rallying to tackle lead in their environment. Last month saw the first formal meeting of the Mount Isa Living With Lead Alliance. Queensland Health is part of that alliance, along with other key stakeholder and interested residents from the community. I note the excellent work of the member and product of Mount Isa, Betty Kiernan, who is a very active part of that alliance. Queensland Health is helping families take action and minimise their exposure to heavy metals present in their local environment. It is about encouraging residents to limit their exposure to bare soil, encouraging good hygiene practices and following a good diet. Queensland Health will also be conducting detailed environmental audits to help identify the potential cause of elevated levels. Public education is vital if we are going to support the Mount Isa community. That is why we have developed a fact sheet offering advice about lead safety. This fact sheet details the various ways families can safeguard their health against the naturally occurring lead in their community. It clearly explains the potential sources and risks of lead exposure and the important role lead industry workers can play in assisting their families at home. Residents are encouraged to protect themselves by limiting 16 Apr 2008 Motion 1093 their exposure to lead in sensible ways. I am advised that like most other heavy metals lead can be extracted out of the blood system naturally by ensuring a responsible approach to hygiene and eating foods high in iron, zinc and calcium. It is clear that since mid-2006 Queensland Health’s team has been taking positive and very proactive steps to help and protect Mount Isa families. Residents can rest assured that the details of the Queensland Health study of children’s blood levels will be carefully and clearly explained to them as soon as they are ready for release. In closing, I make this plea: it is clear that this major study which has been underway now for some time will be released to the public so we should responsibly wait for that to occur before further comment. Mr NICHOLLS (Clayfield—Lib) (5.56 pm): I rise to support the motion moved by the leader of the coalition and oppose the amendments proposed by the Leader of the House on behalf of the government. Concern about lead levels and other pollutants in Mount Isa is not new. Reports have been prepared going back many years. Some of those have been tabled by the member for Surfers Paradise this evening. The latest annual National Pollutant Inventory data, which was released only two weeks ago on 31 March, found that lead levels in residential areas of Mount Isa were up to 33 times higher than federal guidelines permit. The data also showed that MIM emitted 310,000 kilograms of lead in 2006- 07—an amount more than triple the lead output of Australia’s entire motor vehicle fleet. Clearly, there are some issues in relation to pollutants in and around Mount Isa. I also acknowledge the contribution that Mount Isa makes to the economy of Queensland and the information that Xstrata has provided to MPs—and I received mine today—in relation to the actions it is undertaking and the work it is doing in and around Mount Isa to address these issues. None of that deals with the fact that recent reports show that 10 per cent of children tested in Mount Isa have elevated lead levels. The health minister is reported as saying that this ‘could impair their behavioural and intellectual development’. He also said that he took ‘the health of Mount Isa families very seriously and will continue to take action where necessary’. It is a pity he is not in the chamber at the moment as we debate this very important matter under his portfolio responsibilities because the opposition is calling on the minister to abide by the statement he made yesterday that he took this matter seriously. The town of Mount Isa requires the minister to take action because action is necessary. The call is for the minister to release all reports. The government cannot afford to hide any details, no matter how minor, on an issue that has such serious health effects. The Leader of the House has moved an amendment calling on us to make an FOI report. What is this government’s record on FOI? We know that its FOI record is not good. I have here a report into the state of FOI called Rescuing FoI: Rescuing Democracy. In 1999-2000—that is now some 16 years ago—the Queensland government denied access on 163,000 occasions. There were 163,000 occasions when FOI administrators denied access to information in Queensland. What does Michael McKinnon, the Channel 7 FOI editor, say in relation to FOI applications in Queensland? Firstly, he has a few passing remarks. He said— Few politicians, however, have been as hypocritical with such terrible consequences as the former Premier of Queensland, Peter Beattie. He goes on to talk about the ‘Dr Death’ inquiry where he says— The report by lawyer Geoff Davies QC found that Queensland cabinet, including Beattie and former Health Minister Nuttall, had a culture of concealment in which hospital waiting lists and other material were hidden. This in turn encouraged a similar practice by Queensland Health staff. In my view it is an irresistible conclusion that there is a history of culture and concealment within and pertaining to Queensland Health. That was the Davies report. There are other reports by the Coalition of Free Speech in relation to FOI applications here in Queensland which state— The experience of the members ... is that this culture continues to pervade many layers and areas of government, including in Queensland. FOI decision makers are resistant to making information publicly available, because of an emphasis on the short- term political consequences of doing so ... Rudimentary and flawed notions that release of information could be harmful, because the information will not be understood, or will be misinterpreted, or taken out of context, remain pervasive. This government’s record on FOI is appalling, and yet here we have the Leader of the House saying, ‘Make an application under FOI,’ in relation to documents held by the government and the very department itself that has been heavily criticised. This government needs to release all the reports as sought in the motion. It needs to do it for the openness and accountability of government. It needs to do it for the people of Mount Isa. It needs to do it so they know what actions they need to take to protect themselves. We do it for tunnels; we do it for bridges. We can also do it in relation to Mount Isa Mines, where we have very high levels of pollutants and very high levels of concern. We have people who are rightly concerned about what is going to happen to them in the future and the health of their children in the future. Simply pushing it off to an FOI application, given this executive government’s history of noncompliance with FOI and abuse of the FOI legislation, is wrong. Time expired. 1094 Motion 16 Apr 2008

Mr FINN (Yeerongpilly—ALP) (6.01 pm): I rise to support the amendment moved by the Leader of the House. The matters at the base of this debate are taken very seriously by government. Health impacts on local communities of industry, particularly mining and manufacturing, are a matter that governments and industry continue to research, monitor and tackle through regulation. But there can be no doubt: no Queenslander should be injured by the emissions or other environmental damage caused by industry and mining. Just as health and safety legislation is aimed at ensuring no Queensland worker is injured or killed at a workplace, environmental and mining legislation aims to ensure that both workers and the broader community are safe from industrial by-products or poor environmental practices of industry. It is important, however, that research and monitoring is accurate, that educational awareness is provided to both industry and the community, and that tough measures are in place to address breaches. It is critical that information gathered by and provided to government can be relied on. Whilst communities must be safe from the direct health impacts of industry, they must also be safe from scare campaigns or unnecessary fear resulting from inaccurate research or flawed or poorly gathered data. This is a fundamental concern I have with the substantive motion of the Leader of the Opposition. By calling for the release of every piece of advice or report a government receives, the motion is more about manufacturing a semblance of secrecy than addressing real health concerns. Governments must act responsibly, not randomly. The veracity of information received must be evaluated and the strength of methodology underpinning research provided to government must be established. To do otherwise risks reliance on inaccurate or flawed data in the preparation of health and safety protections and advice. Rather than the blanket release of materials, freedom of information provisions enable applicants to be provided with the information government has relied upon and also for individual rights to be protected. There are many activities of government that address environmental health issues and provide information on lead mitigation strategies, and I will comment on just a couple of these. Firstly, I note that there is a bill before the House that ends the special regulation regime under the National Party’s Mount Isa Mines act that has enabled companies such as Xstrata to emit greater amounts of pollutants than is acceptable. Whilst I do not make a comment on the details of this bill, it reflects the direction of this government to implement tough emission standards. But what is taking place in the Mount Isa region right now? Under current regulation, the EPA works closely with the local community, Queensland Health, Xstrata and Mount Isa Mines to improve the management of lead in the Mount Isa area. Xstrata is required to regularly monitor air quality in Mount Isa and conduct sediment and water testing in the Leichhardt River. The company undertakes dust monitoring at 11 sites in the community. Xstrata operates an air quality control system which monitors ambient sulfur dioxide and the weather to make predictive adjustments to plant operations in order to minimise the likely impact of sulfur dioxide in the community. During 2007 the EPA collected water samples from the Leichhardt River to determine if water quality had been adversely impacted by contaminated sediments. The analysis showed that heavy metal concentrations in the water met recreational use criteria. Further, testing of the Mount Isa water supply dam, Lake Moondarra, by the Mount Isa Water Board provides evidence that it meets national drinking water guidelines. The EPA has also reviewed soil data provided by Dr Mark Taylor of the Macquarie University and found that the majority of residential areas tested had lead soil results within national guidelines. It is true, however, that the data identified some localised area with higher lead levels, but this is consistent with Mount Isa being located in a highly mineralised area and soils in the immediate area of mining operations having naturally occurring higher levels of metals than normal. I turn now to contaminated land management. Comprehensive procedures for the management of contaminated land in Mount Isa have been in place since 1999. These procedures include land use planning controls for the management of lead contaminated soil. These controls require the inspection of properties that have been developed for residential or child-care purposes and the removal of any identified contaminated soil for safe disposal. Even though Mount Isa residents are aware of the potential damage from lead because of where their city is located, that does not mean there is nothing in place to remind and assist them in taking precautions. The Living With Lead Alliance has been formed to improve lead management in Mount Isa. The alliance is between Mount Isa City Council, Queensland Health, the EPA and Xstrata and is chaired by the member for Mount Isa, Betty Kiernan. I recognise and thank the member for Mount Isa for the excellent work that she is doing in her community to develop and implement strategies to ensure that lead levels in local children are below the national goal. The state government undertakes significant activity to monitor emissions from Mount Isa and provides support and advice to members of the local community so they can live safely with lead. I commend the amendment to the House. Mr GIBSON (Gympie—NPA) (6.06 pm): I note the contributions by the Leader of the House in the amendment that he has moved. He made some rather bold suggestions that, if the documents were provided that we have requested, it would take a great deal of time and it would see trucks turning up. Based on that information that he has provided, I would also then hazard to say that if we were to make 16 Apr 2008 Motion 1095 this request under FOI it would cost tens of thousands, if not hundreds of thousands, of dollars to access that information. If this government is genuine about the request being made through FOI, it would waive the charges. It would enable the process to occur without there being a deterrent of a financial burden to obtain that information. Failure to do so shows that the government is simply hiding behind this because it does not wish to have that transparency available. We have seen in the media a great deal about what has been occurring in Mount Isa. The headlines themselves are quite striking. I think the most important one that caught my eye was ‘State turned blind eye to poisoning’. It is of concern to all of us that people, particularly our children, could be exposed to toxins at a level that is not acceptable. That in itself is something that causes all governments and all members of this parliament to take a great deal of interest. I note that there have been some great initiatives that have occurred and have been referred to by other speakers. I think that goes part of the way, but there are those concerns that we must address—those concerns with regard to testing and with regard to the information that has been available from that testing. As has been mentioned, the senior lecturer at Macquarie University, Dr Mark Taylor, warned back in 2006 that the lead levels in the town far exceeded the national standards. Dr Taylor said that the problem was caused by the historical legacy of past mining practices rather than current practices. The problem is that those practices were causing problems and still are causing problems. I note, though, when we look at the legislation itself that brought about the Mount Isa Mines, the Mount Isa Mines Limited Agreement Act 1985, the responsibility for the information that is provided is not to the EPA but, rather, to the Minister for Mines and Energy. Schedule 1 states— At all times the Company shall provide professional and technical resources adequate to the satisfaction of the Minister to— It then lists a whole range of things, including the monitoring of dust and noxious gases above and around the mining lease. It has been a responsibility of not the EPA but the Department of Mines and Energy under the act to address and release that information as it is available. I note that in 1989, under changes to the Mineral Resources Act, more stringent levels were put in place for the reporting of those things. Again, that act comes under the responsibility of the minister for mines. There has been a great deal of concern as to what information has been made available. The intent of this motion is to ensure that all the information that has been gathered by all governments is provided. We heard from the leader of the coalition tonight that he had no concerns about the information made available by previous coalition governments. I think that underpins the issue. It is about having all the information available to all the people. There is always a great deal of concern when we deal with any heavy metal contamination within our environment. There is always concern when we are dealing with our children and the impact that those heavy metals have on our children. I note the comments made about the acceptable levels and how they impact on children. The member for Clayfield referred to the National Pollutant Inventory. That is important. We have external organisations and external groups releasing information about the state of the Mount Isa mines. This information is available within the broader community so we would assume that within this government and within previous governments it would have also been available. That being the case, then there is an onus on us all to ensure that information is released for the benefit of the children, for the benefit of the community and for the benefit of the people of Queensland so that they know that any activities that are condoned by government are in fact monitored by government and monitored adequately by government. Mrs KIERNAN (Mount Isa—ALP) (6.11 pm): I speak in support of the government’s amendment to the motion. I would also like to put the facts on the record on behalf of my community. I take the responsibility for the health and wellbeing of the people of our city very seriously. So, too, do other community leaders. I note the comment by the member for Clayfield that he wanted the Minister for Health to come in here and give some guarantee that the latest report would be released to our community. I can give that guarantee as the member for Mount Isa. We have been open and honest all along. That report will be given to our community. While we are generating a great deal of interest across the state and elsewhere in Australia, we the people of Mount Isa are getting on with living and working in our community. People who live in Mount Isa know the facts. We live on an ore body. We know that the mine has been operating in our city for 80 years and that the city grew up around the mine. We know that high levels of lead can be detrimental to the learning and development of our children if left unchecked. We also know that learning and development is dependent on many things— family and socioeconomic factors—and to put it down to one thing for an individual child is quite dangerous. We know that as parents we can take steps to minimise this—simple steps like wet mopping, keeping pets outdoors and making sure our kids wash their hands before they eat. Diet is also incredibly important. 1096 Motion 16 Apr 2008

We know that extensive monitoring of emissions is occurring. We know that for a fact because we live there. There are 5,000 workers directly employed in our mine. There is a continual education program not only on the work site but that the employees can take home and involve their families in. We know that Xstrata has made massive changes to the emission levels coming from the mine. We know that we need scientific testing to let us know whether these measures are enough and whether the company, the government or the community need to do more to protect kids. We know that the results of this latest testing will be delivered to us and we are prepared to stand united as a community to work through what we need to do. I am very pleased to be part of the alliance that was formed after some 17 months of meetings with community leaders—such as the mayor, the general manager of Xstrata, senior health representatives and me—and community members to determine what we as a community are going to do. We determined what we want our leaders, our community and the government to do. We formed this alliance with the intent of keeping our community informed. We formed the alliance so that people are not sitting around in years to come—we may not be around—saying, ‘What happened?’ We know what is happening now. We know what we want to see happen in the future. The community is very aware of the many previous reports that have been alluded to here tonight in the opposition’s motion. We are aware that this is an issue that has been debated for a number of years. The recent screening of 403 children in the age bracket of one to four took over 15 months. Some commentators are suggesting that that was 10 per cent of Mount Isa’s children. We have about 5,000 children under the age of 17. The 10 per cent that the commentators keep referring to is 10 per cent of the 403 children. I would really like to clear that up. We have a strong and vibrant community and we are a pretty intelligent lot. Our energies are best spent in serving the people who live in our city. We will work hard at keeping those who may wish to come and live in our city informed about their environment. I commend the amendment to the House. Dr FLEGG (Moggill—Lib) (6.16 pm): The issue of occupational and public health exposure around mining type communities is not a new issue. There should be no surprises about the risks that can accompany such exposure. To see this we do not have to think back too far, to when Pasminco ran the Port Pirie smelter and the issues that were well and truly aired at that time. Perhaps the best known example in Australia is that of Wittenoom, the asbestos mine in Western Australia. We in this country should really understand the effects on a population base of this sort of exposure. Lead is a well-known poison. It can poison a person acutely if they swallow it or eat lead based paint, as children can do. It can lead to an acute encephalopathy, a disorder of the brain, and convulsions and sometimes death. It can also slowly poison a person if it gradually builds up in their body. It is a heavy metal that the body cannot excrete. It affects the peripheral nerves. It affects one’s growth in stature. It affects the development of children. It affects their IQ and their cognitive function. It can affect their behaviour, their hearing, their sight, their gut and their kidneys. In fact, it can affect almost all body functions. These issues in Mount Isa are not new. They have been raised over many years. An article in the Australian from 21 June 2006 says that ‘previous concern had been expressed 12 years before that’. I notice in that article in the Australian the then member for Mount Isa, in deference to his current-day counterpart, said that the health risks from the mine were a non-issue for his constituents. Yesterday in this place the shadow health minister asked the health minister a question about this issue. I think the answer the minister gave was disturbing. The health minister told this place that he did not take any action, despite the fact that this issue has been aired for decades now, because he was waiting to get tests from 400 children. He needed statistical significance. That is just gobbledegook. That type of statistical study of medical conditions is done numerous times every day around the world. If you do a safe trial and study the population base, you review the ongoing results. You have interim reports that go to an ethics committee. If a trend is emerging, you do not wait for the final report while more harm is done. If a trend is emerging, you act on that trend. In many cases a study is aborted because of emerging trends. Treatment will be directed to be administered to people. It is a nonsense to say that you have to wait for a certain number of cases before you can act. I noted the comments of the member for Mount Isa that we were talking about 10 per cent of 400, not 10 per cent of the 5,000 children, which she estimates. The reality is that we do these statistical studies because we want to extrapolate it to the whole population. Ten per cent in a large sample such as 400 is very significant. It not only should raise concern in its own right, it should trigger a whole sequence of events. It should trigger serial studies of the development of those children along all the parameters that I mentioned earlier. It should trigger environmental monitoring to see whether it is air, water, soil, or whatever. The amendment that has been moved is a disgrace. It simply says, ‘We don’t want to give you the documents. It’s too hard.’ That is lamer than most of the amendments that are moved by the government. Perhaps Mike Kaiser is away today. It is not good enough to simply say that it is too hard 16 Apr 2008 Motion 1097 and to go to FOI. Sometimes people are not aware of what documents have been produced. These are important documents of public information. The costs of FOI are enormous. Although there is a 60-day period for the discovery of documents, further delays are almost the norm with many of these FOI documents. The government cannot hide behind, ‘It is too hard.’ The health of children is at stake. It has been known for a long time. It cannot be too hard. Hon. GJ WILSON (Ferny Grove—ALP) (Minister for Mines and Energy) (6.21 pm): No-one should have any doubt that the Queensland government has a strong long-term commitment to the responsible economic development of Mount Isa and its surrounding environment and the health and broader welfare of the residents of Mount Isa. I want to particularly recognise the tremendous advocacy for the people of Mount Isa by Betty Kiernan, the local member. A more hardworking member on behalf of her constituency and her community you could not come across. I have had the personal experience in Mount Isa where she has taken up issues on behalf of the community with the government to get good outcomes for the community. The Queensland government is involved in a significant number of programs, initiatives and studies to ensure the continued economic and social development of Mount Isa and the broader north- west area of Queensland. The government’s Northern Economic Triangle Infrastructure Plan 2007-2012 aims to secure the prosperity and the economic and social stability of north-west Queensland and north Queensland. The Department of Mines and Energy is assisting in the implementation of the infrastructure plan, with strategies to stimulate exploration, including new geophysical data and releases of prospective land from the Smart Exploration program and the Smart Mining program. Last year the department spent $10 million on acquiring new geoscientific data in the Mount Isa region to facilitate exploration. Eight previously restricted areas have been opened up for mineral exploration in the north-west. Four were repealed in 2007, resulting in 26 applications for exploration permits. An additional four restricted areas were repealed earlier this year. In all, 14 restricted areas have been created in north-west Queensland over areas containing rocks that indicate the potential for new mineral discoveries. There is enormous mineral wealth for future livelihoods and industry in the north-west. Petroleum exploration in the region was stimulated in 2007 by petroleum calls for tender, with eight areas in the Georgina Basin south of Mount Isa gazetted and preferred tenderers selected for seven of those areas. This is the way in which the Queensland government, on behalf of the Queensland community, exercises the proper duty of stewardship over the wealth of Queensland that is owned by all Queenslanders. Overall, the department is on track to achieve its target of doubling mining and petroleum exploration investment in Queensland to $540 million by 2010. We are also assisting with the exploration of alternative energy sources such as hot rocks, with six areas included in the 2007 geothermal call for tenders from which energy could be sourced for north- west Queensland. Government owned corporation CS Energy and other parties are planning the expansion of Mica Creek Power Station. The government has established a stakeholder task force to identify ways of developing the long-term supply of energy to the north-west minerals province working with Ergon Energy, the Queensland Resources Council and major energy consumers in the region, underlining that this supply needs to be a commercially based investment. Earlier this year, a milestone was achieved with the designation of significant project status to the IsaLink project—an $800 million to $900 million project—to build a 1,100 kilometre high-voltage powerline to deliver competitive energy from central Queensland to the north-west, again helping to open up the north-west even more to development. As well, there are various projects on the drawing board from Ergon to assist in the reticulation of electricity in the Mount Isa region itself. The Mines Inspectorate has had additional staff appointed to the region to boost support for the mining industry. The department has also worked with the federal government’s Working in Partnership Program to encourage further development in the area. Mount Isa has a great future and the Bligh government is backing it and will continue to back it all the way. I commend the amended motion to the House. Division: Question put—That the amendment be agreed to. AYES, 50—Attwood, Barry, Bligh, Bombolas, Boyle, Choi, Croft, Darling, English, Fenlon, Grace, Gray, Hayward, Hinchliffe, Hoolihan, Jarratt, Keech, Kiernan, Lawlor, Lucas, Mickel, Miller, Moorhead, Nelson-Carr, Nolan, O’Brien, Palaszczuk, Pitt, Purcell, Reeves, Reilly, Roberts, Robertson, Schwarten, Scott, Shine, Smith, Spence, Stone, Struthers, Sullivan, van Litsenburg, Wallace, Weightman, Wells, Wendt, Wettenhall, Wilson. Tellers: Male, Finn NOES, 28—Copeland, Cripps, Cunningham, Dempsey, Elmes, Flegg, Gibson, Hobbs, Hopper, Horan, Johnson, Knuth, Langbroek, Lee Long, Lingard, McArdle, Malone, Menkens, Messenger, Nicholls, Pratt, Simpson, Springborg, Stevens, Stuckey, Wellington. Tellers: Rickuss, Dickson Resolved in the affirmative. Division: Question put—That the motion, as amended, be agreed to. 1098 Local Government Amendment Regulation (No. 1) 16 Apr 2008

In division— Mr SPEAKER: Just as we are tallying the count and before we adjourn, honourable members I welcome to the public gallery tonight members of the advanced Indigenous leadership course, which is being conducted through the Department of Communities. I would like to welcome you all here. I know that the last few days have been busy for you, but we very genuinely welcome you to the parliament. I look forward to your ongoing visitations. AYES, 50—Attwood, Barry, Bligh, Bombolas, Boyle, Choi, Croft, Darling, English, Fenlon, Grace, Gray, Hayward, Hinchliffe, Hoolihan, Jarratt, Keech, Kiernan, Lawlor, Lucas, Mickel, Miller, Moorhead, Nelson-Carr, Nolan, O’Brien, Palaszczuk, Pitt, Purcell, Reeves, Reilly, Roberts, Robertson, Schwarten, Scott, Shine, Smith, Spence, Stone, Struthers, Sullivan, van Litsenburg, Wallace, Weightman, Wells, Wendt, Wettenhall, Wilson. Tellers: Male, Finn NOES, 28—Copeland, Cripps, Cunningham, Dempsey, Elmes, Flegg, Gibson, Hobbs, Hopper, Horan, Johnson, Knuth, Langbroek, Lee Long, Lingard, McArdle, Malone, Menkens, Messenger, Nicholls, Pratt, Simpson, Springborg, Stevens, Stuckey, Wellington. Tellers: Rickuss, Dickson Resolved in the affirmative. Motion, as agreed— Following public concern about lead poisoning, that this House note: 1. the scope of a request for all advice and reports in this regard would require extensive search and retrieval through a vast range of documents across a number of Government departments; 2. that this information could contain information about the private affairs of individuals; and 3. that the Freedom of Information process ensures that any private information of individuals is appropriately protected. Further, that this House calls on the Leader of the Opposition to make a Freedom of Information request for this information to ensure that it can be released with appropriate protections for the privacy of individuals. Further, that this Parliament notes the Premier’s commitment to release any document considered by Labor Cabinets in relation to this matter which would otherwise be FOI exempted and calls on the Leader of the Opposition to make an equal commitment in relation to documents considered by previous National/Liberal Cabinets. Sitting suspended from 6.38 pm to 7.40 pm.

LOCAL GOVERNMENT AMENDMENT REGULATION (NO. 1)

Disallowance of Statutory Instrument Mr HOBBS (Warrego—NPA) (7.40 pm): I move— That the Local Government Amendment Regulation (No. 1) 2008, Subordinate Legislation No. 48 of 2008, tabled in the House on 11 March 2008, be disallowed. I have moved this disallowance motion because I strongly believe that the minister and the state government have acted unfairly to the employees of the previous Aramac Shire Council. Due to the forced council amalgamations, the Aramac Shire Council was to be amalgamated with the Barcaldine and Jericho shire councils. Barcaldine and Jericho shires paid on an enterprise bargaining agreement at rates eight per cent and 15 per cent higher respectively than the Aramac shire. It stands to reason in any practical terms that Aramac workers should be lifted to that level, particularly when there is an amalgamation of those shires to become one. Mrs Sullivan: No reason why the new council could not have done that. Mr HOBBS: Absolutely. I entirely agree that it could do that. However, that will take some months to happen, so why do we deny the workers that rate at this time? Mr DEPUTY SPEAKER (Mr O’Brien): I ask the honourable member to refer all of his comments through the chair. Mr HOBBS: I will. It stands to reason that the Aramac workers should have been lifted to that level at that time, and why not? There was strong support from all of the relevant unions for this to occur. Nobody was opposed to these council workers getting what they were entitled to under the new arrangements. In the past in relation to their various arrangements there was not the close scrutiny of what was going on within the regions, and I will detail later why these discrepancies could have occurred. However, the government was clearly not interested in the Aramac council workers. How on earth could it stop a pay rise for council workers that the council supported, the union supported and everybody else supported except the state Labor government? The total cost of the balance for the financial year was $100,000—$100,000 for a council that had nearly $8 million in the bank. It is not as if there is a lot of money involved, but the government denied the workers that amount of money. It would have cost between $200,000 and $250,000 for the full year to increase the salary by eight per cent. So it was not a great deal, but it was an amount of money. How come the rates are different? The rates were different between the shires for a number of reasons, and one of those reasons relates to location. When we are talking about western areas, we are talking about large areas which are hundreds of kilometres apart across the whole of the shire. Alpha and Jericho are very close to the mines and it is very hard to keep council workers in those towns. 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1099

Councils need to have grader drivers and various people doing that sort of work, but the reality is that when workers can get large salaries in the mines, which are very close, they go to the mines. As a result, the council had to pay about 15 per cent above the average rate to keep its workers. Taking it across-the-board, whether we call it an award wage or an EBA, for the purposes of this debate we will say that they were paid 15 per cent above that rate to keep them. The council had to do that in that marketplace, because the marketplace dictated what the council had to do. Barcaldine is on the main railway line and its workers were paid eight per cent above the rate, and the council had its reasons for that. Aramac—the council about which this debate tonight centres—is a very strong community and a lovely town, and many of those towns out west are absolute gems. But Aramac is a very strong community. The workers and other people are happy to live there and they really do not mind if they get paid a little bit less so long as the community is fine and they have a place to raise their families. They are a bit away from the mines up in the north over a pretty rough old road, the old Torrens Creek Road, and a fair way away from the central highlands mines as well. So those workers were reasonably happy to stay there. However, because of the nature and the size of the shire—and these shires are huge— there was an opportunity for reasonable overtime rates for workers when away on the job. They were also getting reasonable housing rates. Shires such as Aramac, Tambo and others were bringing in houses from various places such as Blackwater. The councils decided that they needed to upgrade the quality of their housing and brought those houses to those regions and sold those houses to the workers or anybody who lived in the town. They were able to pass them over at virtually cost rates, but the bottom line is that those workers were satisfied with their deal. They were satisfied with their community and the arrangement that they had. As it turns out when one looks at the numbers, they were probably being paid a bit less, but nobody knew that at the time. With regard to these payments, there is no financial difficulty for the council of Aramac. It had $7 million or $8 million in revenue in the bank. It was not as if it was going to cost this council dearly. There was nearly $14 million in road construction grants and national disaster relief and assistance works. There was an enormous amount of money, so the council was viable, the shire was— Mrs Sullivan interjected. Mr Johnson interjected. Mr HOBBS: What I am saying is that the council was viable, the town was viable and the people were happy, and that is the way it was. However, once this new arrangement was put in place and the council looked at the different levels and saw that there was a difference, they wanted to fix it. Those employees were generally working on the Torrens Creek Road and camped 100 kilometres from home. They were out in the sticks, so it is quite reasonable— Mr Moorhead: Why didn’t they get it previously? Mr HOBBS: They did not ask for it. That was just the way it was. The areas out there are so big and they were reasonably happy with their patch. They were happy with their patch, and that is the way it was. The issue is that we had the opportunity to fix it earlier, but now the government has denied those workers the opportunity by denying this pay increase—denying Aramac council workers the opportunity to get the same pay as other council workers in the new regional council. This government has denied them. Why? How on earth could the government deny them that opportunity? Mr Moorhead: Why did Aramac deny them for years? Mrs Sullivan interjected. Mr HOBBS: They could have been. I do not know. That is not the point. The argument today is that the government has stopped them from doing that. This is the government’s chance, so why on earth would the government do this? Why on earth would the minister go out there and say that the council cannot give those people a pay rise? This is the rub: it is my belief that because the Aramac Shire Council was strongly against amalgamation the government was out to get it and its workers. The government denied them the opportunity to have a pay rise because they opposed the government’s philosophical beliefs. It denied the workers a fair and reasonable wage rise. Labor is supposed to be the friend of the worker, yet it denied them the pay rise that they wanted, the unions wanted and the council wanted. The Labor government of this state denied the workers the pay rise, which goes to show who supports the worker. In Queensland it is certainly not the ALP. Mr Hoolihan: And Gary Peoples didn’t buy his votes. Mr HOBBS: The member for Keppel has referred to Gary Peoples, who is a great man who fought for his people. People fight for many reasons, and isn’t it wonderful that they do? It is wonderful that people fight for their region, their towns and their people. Mrs Sullivan interjected. 1100 Local Government Amendment Regulation (No. 1) 16 Apr 2008

Mr DEPUTY SPEAKER (Mr O’Brien): Order! The member for Pumicestone will cease interjecting. Mr HOBBS: Mr Deputy Speaker, I am happy to keep going. I do not mind if she wants to say a few words. It helps to keep me going. The mayor was a fierce critic of forced council amalgamations, and I congratulate him for taking such a strong stance. Shame on this government for playing politics with people’s wages, which is what the minister and the government did when this man—a leader, elected by the people and the workers— was trying to give them a fair go when they realised that their wages had to go up. The Barcaldine Regional Council is now working on fair and equitable pay rates for its employees across-the-board, as it has to do. If the council is doing it now, why wouldn’t the government let it do so before? Why wouldn’t the minister or the government allow that to happen previously? Blind Freddy could see that the wages for people in the Aramac shire had to go up to balance things out, and in the end it will balance. Things will square up. We have a rise of 15 per cent here, eight per cent there and zero in another place. It was inevitable that the pay rise would come, yet the government denied the council the right to grant it. Workers have lost at least a month’s worth of increased salaries and it will probably be another month or two before the new council comes to a conclusion on the new formula. It will take a while to do that. It is going through the official processes and that will take quite some time. We all know about the bureaucracy that occurs with these things. I will bet London to a brick that the Aramac employees will get their pay rise, although it will be months late because this government denied them previously. Why would the government deny the workers a pay rise when they are entitled to it, the unions supported it, the council supported it, the mayor supported it and all of the western communities supported it? Why on earth would this happen? It is all because the lousy state government wanted to stand over the council before the elections. The forced council amalgamations will unnecessarily cost ratepayers a lot of money. In this chamber we have already heard that the forced council amalgamations will cost something like $200 million, which is an enormous amount of money. The government is giving $17.1 million— Mr Pitt: How do you arrive at that figure? Mr HOBBS: They’ll supply those figures; don’t you worry about that. The last elections cost $15 million and the previous ones cost about $7 million or $8 million. Under the government’s model, the cost to run elections has almost doubled. The government has not been going too well so far. It said that it would cost $17.1 million to amalgamate and it cost $200 million, yet it refuses the workers $200,000. The government is making ratepayers pay nearly $190 million in extra money, yet it would not allow its workers $200,000 for the year. How ludicrous is that! How on earth can the government do this? How can the government claim to support the worker when, in fact, it is using its old union standover tactics to deny people the right to have a say and ensure that they do what it wants them to do. This regulation should have been denied. The minister should never have allowed this to occur. In a lot of instances it may be superficial because the council will override it anyway. The councils will give the workers their pay, but it will come months late. Time expired. Mr JOHNSON (Gregory—NPA) (7.55 pm): It gives me great pleasure to second this disallowance motion moved by my colleague the member for Warrego. I will take a different angle in the debate this evening. The member for Warrego has very clearly identified what is happening in the three amalgamated shires of Barcaldine, Jericho and Aramac. As he rightly said, the Jericho shire is paying 15 per cent above the award and the Barcaldine shire is paying eight per cent above the award. That is why the Aramac shire also wants to pay above-award wages. What we have here is the culmination of many things. First and foremost is the impact that the mining industry has had not far to the east and not far to the north on the workforce of the central west. Mr Moorhead: Why didn’t they do it years ago? Why wait for— Mr JOHNSON: It was not happening years ago to that extent. I take that interjection, because it needs to be commented upon. Years ago the workforce was not moving to the mining sector to the same degree that we are seeing now. People may get $40,000 or $50,000 for working for local authorities, or they could earn two or three times that much in the mines. Of course that would be attractive. That is why we are losing not only skilled but also unskilled labour. Yesterday I attended a meeting where we discussed that issue, which is of real concern to councils and employees, not only in the central west but also across Queensland. It is important that we talk about what is happening with the workforces in the central west. Barcaldine is the centre of the new Barcaldine Regional Council, which may be renamed the Galilee regional council. They are voting to change the name, but I do not know whether or not the change will be approved. I shall call it the Barcaldine regional shire. The Jericho shire boasts the towns of Alpha and 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1101

Jericho, and the Aramac shire has the towns of Aramac and Muttaburra. In 1989, when I was first elected to this parliament, there were 13 shearing teams in Muttaburra alone. There were three or four in Aramac. That will give members an idea of the wealth generation capacity of the sheep industry in that region. There was a transport operator in Muttaburra which is still there. Another big operation in Aramac has gone, although a smaller operation is still there. We also have to remember that keeping these places viable is the roo industry, the wool industry to some extent and the cattle industry. You do not need a great number of employees to run a cattle enterprise, as you do with the wool industry. We have lost a lot of people from those places. As the member for Warrego rightfully said, people like former mayors Gary Peoples and Michael Wells, as well as the Jericho council, had visions for their areas. After the merging of the councils those regions do not have the representation that they had before. Whilst they have the representation on a merged entity, they will not have the opportunity to progress some of the projects in question that they would have been able to previously. Due to the vision of the Aramac shire in conjunction with the Barcaldine shire and the surrounding areas, we have seen a lot of sealing work done on the Aramac Torrens Creek Road. That was a visionary project because that road takes a lot of heavy traffic off the northern highways down the coast and brings it inland to allow trucks to take produce to Victoria, South Australia and ultimately Western Australia. It was the vision of people like Gary Peoples and Rob Chandler and those people who supported them that has resulted in those upgrades. It is important that the members of this House realise that, whilst Aramac is only 67 kilometres from Barcaldine and Muttaburra is another 80-odd kilometres to the north of Aramac, these small towns are going to lose a lot of their population if some of their workforce leave. We are fearful that, if these conditions for these people are not improved, the asset base of these people will be eroded as a result of this amalgamation. That is something that Councillor Chandler and his council are currently looking at to make certain that they can manage and monitor it so that there will not be a decline in the asset base of these councils. The same can be said about places like Isisford, which is off the beaten track, and that is a real concern to me. Since the local government elections, the former Isisford shire does not have representation of any type at all. The mayor did not get elected and no councillors were elected to the new Longreach Regional Council. It is the same situation in Duaringa in the electorate of our good friend the member for Fitzroy. I hope and pray tonight that Jimmy is feeling well and getting a lot better. He is a great man and a great member for Fitzroy. Nobody from the former Duaringa shire has been elected to the new Central Highlands Regional Council. We have to monitor these issues closely as we progress with this amalgamation and see some of the resultant fallout. A while ago I said that often the labour force of these councils—and we are talking about the Aramac shire tonight—is the lifeblood of these communities. They are the ones who bring their dollars to the towns. They spend them at the local store, pub or other business. Even places like Barcaldine are the recipients of expenditure from places like Aramac and further up the Torrens Creek Road. The same could be said for Muttaburra with the bitumen road going right through there. This is something we have to remember. I say to the minister this evening that it is not only applicable to Aramac but applicable to a lot of the merged entities right across western Queensland. The most important thing here is the human factor. That is why the 89 of us who represent different constituencies around Queensland are here—to represent that human factor, that community factor. As we have said before, I am very fearful about what the price of some of those homes is going to be. As the member for Warrego said a moment ago, some of the shires such as Tambo, Aramac and further out to Diamantina and Barcoo have had the vision to bring homes in from the mining areas when there was a surplus of stock to try to upgrade the quality of homes and to give some of those personnel the opportunity to have a decent home to live in and to have something to stay there for. I believe that a home is the essence to everybody’s life—having a roof over their head and having an asset. I have heard it said before that a house in Aramac might only be worth $50,000 or $60,000 and one here at St Lucia might be worth $800,000. However, at the end of the week the one at St Lucia is probably going to be worth $801,000 and the one at Aramac is probably still only going to be worth $50,000 or $60,000. The value is not going up. The people at St Lucia are probably bringing home $1,000 a week, whereas the bloke at Aramac is probably bringing home $500. These are the situations we have to be so understanding and observant of as we go about trying to promote and grow those regional areas. I know Gary Peoples has fought long and hard to try to get medical services into the Aramac shire and to keep the high school upgraded so that we can give the kiddies there the best education possible. I know it is only 67 kilometres down the road from Barcaldine, where there is a magnificent high school, but at the end of the day people are living in these places. They have invested every bent cent they have in these places. I believe it is our obligation as elected members of parliament to protect and look after the assets of people regardless of what part of this great state they live in. 1102 Local Government Amendment Regulation (No. 1) 16 Apr 2008

Look at the dollars generated from the roo industry as well as the wool industry, the beef industry and tourism by these people at Aramac because of the vision they have. Look at the dollars they have saved the taxpayers of Queensland by getting heavy transport off some of those coastal roads and bringing it back through the centre and taking it on to South Australia, Victoria and ultimately Western Australia. I plead with the minister tonight to show compassion and understanding to these people and to make absolutely certain that these local government workers in western Queensland get a fair go. Mr HINCHLIFFE (Stafford—ALP) (8.05 pm): I rise to speak against the disallowance motion moved by the member for Warrego. The ill-considered actions of the former Aramac Shire Council that have led us to tonight’s debate have been canvassed in a slanted and distorted way by the members for Warrego and Gregory. I wish to dispel particularly the myth that the regulatory action in this instance was in some way anti worker. In moving this motion of disallowance, the honourable member for Warrego suggested that the government’s motives for revoking Aramac Shire Council’s well-intentioned but ultimately inappropriate wage rise was anti worker. I would like to take this opportunity to remind the House that this very same member recently voted against the passage of legislation to protect the employees of local governments from the ravages of WorkChoices. The Local Government and Industrial Relations Amendment Bill 2008 sought to protect the take-home pay, job security and conditions of local government workers. The member for Warrego and the opposition voted against that then necessary and sensible law. So, on the one hand, the honourable member spins his newly minted working-class credentials by seeking to disallow this regulation and, on the other hand, he votes for council employees to be put on individual contracts that strip away their hard-fought conditions and penalty rates. This regulation is hardly anti worker. This regulation is about good governance. It is about ensuring that the budgetary decisions of local governments are made within a proper and considered process and in accordance with established corporate planning processes. The reality is that Aramac gave its employees an ill-considered pay rise, well above the rate of inflation, without considering whether it would be sustainable or whether it would even be achieved within the then council’s budgetary framework. As such, the government took the only responsible course of action and revoked the resolution. If the resolution had stood it would have committed the new Barcaldine Regional Council, led by my friend the mayor, Rob Chandler, who is a dedicated person—a person dedicated to the future of the central west—and his council to an unfunded wage increase that would have jeopardised the delivery of existing services to that local community. This is clearly not in the public interest and the government has taken the appropriate steps in this situation. As to any suggestion that this government has not provided adequately for the welfare of local government employees, I merely have to point to our record. It was this government that passed the Local Government and Industrial Relations Amendment Act, as I mentioned, which killed off that potential for local government employees to fall into the discredited and inequitable clutches of WorkChoices laws. It was this government that put in place a three-year staff support package that protects job security, enhances staff retention and provides certainty for local government staff in the face of those concerns raised by the member for Warrego. That was the measure. That is the record that this government stands on. It was this government that made it an intrinsic part of reform that local governments must develop new enterprise bargaining agreements with their workforce within the first 12 months of operation. Compare our record with the record of the opposition and any reasonable observer will know which party has the best interests of our great state’s local government workforce closer to heart—an opposition that would be happy to see local government workers on individual contracts without hard fought for conditions and pay, or this government which has put the ongoing interests of local government workers front and centre during this overdue reform process. This House should reject the disallowance motion. Mr MOORHEAD (Waterford—ALP) (8.10 pm): I rise to speak in favour of the Local Government Amendment Regulation (No. 1) 2008 and against the disallowance motion before the House. This state government’s local government reform has built a stronger local government, one that is forward looking rather than one based on the boundaries of last century. I sat here during that debate and listened to speaker after speaker from the opposition telling this House of the apocalyptic outcomes that would be seen from the reform of local government. When I awoke on Sunday, 16 March and the sun still rose in the east, I thought to myself, ‘How could the member for Warrego have got it so wrong?’ I had to ask myself, ‘How could his predictions of mayhem and destruction not come true?’ With such significant reform, councils were called upon to act with goodwill and good faith to ensure the best outcomes for local residents. What is before the House tonight is an attempt by the opposition to make some cheap political mileage by defending a decision of what can only be described as something less than good faith. This state government has been clear to affected councils and to transition committees: during the reform process, it is business as usual. But despite this, the former Aramac Shire Council on 30 January 2008—just days before the council went into caretaker mode in the lead-up to the elections— 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1103 passed a resolution to give council employees a pay increase of eight per cent. I listened to the member for Gregory talk about the workforce pressures from mines, and he is right; there are always workforce pressures in those towns that have mines around them, particularly for those trades like diesel fitters. They could be out fixing mine machinery or they could be in fixing road-building machinery, but that pressure is nothing new. It did not come up in the month of January; it has been there for years. If they were so concerned about it, they could have fixed it. When given an opportunity by this minister, they could not justify the increase, which was more than double inflation and almost double the average annual increase. The former council’s response failed to provide any new information. There is a process in place to deal with disparate working conditions across councils. Aramac Shire Council did not follow that process. The state government has required all amalgamated councils to develop new enterprise bargaining agreements for all staff within one year of amalgamation. The state government’s workforce transition code of practice guarantees pay and conditions of all council staff, apart from chief executive officers. That commitment was made not only last year but also through the passing of the local government amendment act earlier this year which protected workers from the ravages of WorkChoices. I am sure the workers of Aramac Shire Council are long-serving, loyal and conscientious, but the decision about pay rates was a decision for the newly elected regional council. This motion is about defending the democracy of local government. This is about making sure that the Aramac Shire Council cannot prejudice a decision that is rightly one for the newly elected Barcaldine Regional Council. The regulation to revoke this resolution is not retrospective, meaning that moneys already paid to employees of Aramac Shire Council could not be recovered. I think those who are defending this decision need to ask themselves these questions: is this an admission by the council that it had been underpaying its employees by eight per cent for recent years? Why is this suddenly a concern when the council had let this situation stand for years? Is it because it is only now prepared to increase wages when it knows that someone else will have to pay the bill? I am sure every council would like to pay its workforce more. This would always be a very easy decision when it is somebody else’s ratepayers who have to pick up the bill. We must also consider how this pay rise was to be funded. This pay rise was not included in the council’s budget, its operational plans or any of its business planning processes. Information provided by the council itself suggested that the pay rises would be funded from Commonwealth and state grants earmarked for flood damage repairs and roadworks. These pay increases may have been well intentioned but they are simply inappropriate in the circumstances. The opposition is trying to make a cheap political point on this matter. I am always supportive of workers getting a pay rise but not when those who are giving it are only doing so because they do not care that someone else will have to pick up the bill. Decisions like these only put the long-term job security of employees at risk. I support the regulation. Mr HORAN (Toowoomba South—NPA) (8.15 pm): It is a pleasure to talk to this disallowance motion tonight and support our shadow minister on this issue. The member for Waterford said that when he woke up on Sunday, 16 March, the sun still came up in the east, but I can tell him that out our way eight councils lost 64 local leaders plus their eight local mayors. They were down to one mayor and 10 councillors to look after an area that is probably more than half as big as Tasmania. If you drove from the other side of Yarraman, where it extends to, and came right down though Cooyar, Crows Nest, Highfields, Toowoomba and then Cambooya and then out through Greenmount and Nobby and down to Clifton and right down to Inglewood, it would probably take you longer than if you drove from the north of Tasmania to the south. That local leadership that used to look after Anzac Day, school functions, bridges, culverts and everything else has been reduced to one mayor and 10 councillors. There are a lot of issues, and we are debating one of those issues tonight. There are a whole range of other issues that had not even been thought of before this came in that are going to have to be addressed. Later in this debate I will give the example of the new regional mayor of our area who will probably have to travel well over 50,000 kilometres a year. Other councillors will also probably undertake similar travel or will get close to that. There are issues about phones, faxes and all of that because at the moment no-one knows what they can do. There are real problems and real issues with the department about that. I know that people are hoping it will get resolved, but we need a lot of common sense to be used. For all of us who sit here, these issues have been resolved. We get a car allowance, a phone allowance and this and that, but these people are using their own cars, phones and computers. They are being asked to use their executive time, as it could be called. The mayor of that whole area has all those towns and people to look after. He could be up and down to Brisbane and everything else, but every time he hopped in his car he would have to write a logbook entry. If he opened something on one side of town and collected his dry-cleaning on the other side, he would have to write that down because it is private. That is how ridiculous the whole thing has got. I say this because I know the minister will take some notice. There is a real need for common sense and fairness in this issue because these regional councils will have to face a lot of these issues. 1104 Local Government Amendment Regulation (No. 1) 16 Apr 2008

The Aramac Shire Council sought an eight per cent wage rise in January, but our shadow minister said that Aramac’s financial position showed that it had $8 million in the bank. It is a little shire but it has been prudent. It has a small population, and the opportunities that towns on the coast get with holiday units and all of that are simply not there. And then we can add on issues of droughts and all the rest of it. But through very prudent management they were in a situation where they had $8 million in the bank. A lot of those shires have been prudently and well managed over the years because they have seen hard times. They know that the good year will be followed by an average year and then two tough years, so they have to be careful and prudent and maintain a workforce that is happy and content in the town and try to balance up the wages with the contentment and happiness achieved through living in those friendly towns. Aramac has a lovely old hospital which is up on stumps. It is a beautiful old Queenslander, and the pride the town has in that hospital was reflected in the support the council gave to that town. As our shadow minister said, when the situation came about that there was going to be an amalgamation of those three shires, it was not very fair for those people to go into a workforce where they are earning eight per cent less than the shire next door, and the shire on the other side was earning 15 per cent more. Surely in the mix or the shandy of those three shires—one could afford 15 per cent more, one eight per cent more and the other zero—giving them eight per cent, whether or not with CPI, would be about average. If it went up to eight per cent—and Aramac is not a very big shire in terms of numbers—then obviously it would have fitted into the financial balance. Surely there could have been some trust and respect in a shire that had prudently managed itself for that many years and wanted to look after the workforce in the transition so that it was somewhere near the average—not at the top but near the average of the wage scale rather than way down near the bottom. The other thing to realise is that in Aramac in particular, being in central-western Queensland, with mining to the north, mining to the east and mining to the south, it is very difficult to hold on to staff when such big money is being offered in the mines. Last week in the Country Life a little classified ad was offering $1,650 to anyone—as long as you have a heartbeat virtually—to go over to Western Australia and do nine days on and five days off. They will take anyone. They are coming into Toowoomba and trying to get the cab drivers out of the cabs to drive the trucks at the mines, particularly at the coal seam methane plant just west of us. That is the challenge that councils in some of the inland areas of Queensland in particular are facing. There are two economies in Queensland. In some of these towns some people are earning very good money because they have jobs associated with the mining industry. Other people are working in the other economy where people can only pay an ordinary wage to try to keep the business afloat. There is a big challenge for councils. I think Aramac in particular faces this challenge. There were two reasons for this. The first is what the council had to pay to bring its pay rates up to the level of the others and the second is the challenges that it is facing from the mines. In our area you could see the disgust that people had about the amalgamation decision. In our city of Toowoomba, most people who live there come from the country, have friends or relations in the country areas around us or do business with the country areas. We had eight shires put into one. Toowoomba had 66 per cent approximately of the vote. The mayor was elected from a country shire. Of the 10 councillors, eight councillors came from the country and Toowoomba got the No. 8 position and the No. 10 position because people were appalled at the loss of leadership and what this issue has been doing to communities. Another issue brought up was the cost of amalgamation. That has been huge and horrendous. I take my hat off to what councils like Aramac— Mr DEPUTY SPEAKER (Mr O’Brien): Order! Member for Toowoomba South, I have given you some leeway this evening, but the motion before the House is very specific and I ask you to refer back to the matters before the House. Mr HORAN: Thank you, Mr Deputy Speaker. I was just mentioning that when councils like Aramac moved into the amalgamated shire they had not only the issue of their council workers— whether they are a grader driver or an administrative officer—but also the issue of the councillors, the mayors and the expanded tasks that they have. Mr DEPUTY SPEAKER: Order! No doubt that is true, but that is not the matter that is before the House. Mr HORAN: No, the matter is to do with the eight per cent wage rise. Mr Hobbs: Of course it is! Mr DEPUTY SPEAKER: Order! Member for Warrego, I ask you to respect the ruling of the chair. Mr HORAN: With respect to you, Mr Deputy Speaker, if I can just say one sentence that I think the minister will take some notice of, and that is to do with the issue of phones, cars and everything else because it is a very serious issue. I am not detracting from how important and serious the payment of an eight per cent rise is to those workers at Aramac. 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1105

The member for Gregory quite rightly pointed out some of the massive changes that have occurred in those areas. In nearby Muttaburra in years gone by there has been an influx of wide-comb shearers, Kiwis and a few Rugby players. But it is amateur Rugby up there, so there is no money in it— another reason for an eight per cent rise! I applaud our shadow minister over this issue. The former mayor of Aramac was held in the highest regard as a loyal citizen who had the people of his shire and the employees of that shire at heart. They ran a prudent and good business in the most difficult of circumstances. The drought that that area suffered throughout the nineties and since 2000 has been horrendous and still they had their finances in good shape. Time expired. Mr WENDT (Ipswich West—ALP) (8.25 pm): I want to speak tonight on what I see as the difference between loyalty bonuses paid by some councils and Aramac’s across-the-board pay rise. I think it needs to be stated up-front that Aramac is not the only council that has sought to reward its loyal, hardworking and diligent employees through this reform process. Indeed, a number of other councils have made loyalty bonuses to staff members to encourage staff retention and reward their staff’s ongoing commitment to their jobs and the local communities they serve. As you can imagine, Mr Deputy Speaker, we all recognise the wonderful contribution that local government workers make to their local communities every day as they work at the coalface of service delivery, providing assistance and services throughout Queensland in wide-ranging areas from delivering social services right through to natural resource management. Undoubtedly, our local communities are better places for their hard work and dedication. So it is understandable that a number of local governments have rewarded their staff with these so-called loyalty bonuses and similar ex gratia payments to encourage staff retention and reward their hard work. For example, I am aware of at least two councils doing this—the former Peak Downs Shire Council, which provided a loyalty bonus to its staff equivalent to 12 weeks pay, and another shire council which paid its staff a bonus of six weeks pay. As well, some other councils have offered highly skilled workers like engineers and planners a system of retention bonuses. All of these payments were designed to induce staff to remain in their local communities throughout the reform process and to ensure that crucial skills and knowledge were not lost to the local government sector. However, what we have here is a case of the former Aramac Shire Council granting an eight per cent across-the-board pay rise. My understanding is that this pay rise was made outside of the normal budgetary process and, further, that it was to be funded from Commonwealth and state funds earmarked for flood damage repair and roadworks. The government has taken the view that this pay rise was contrary to the public interest and inappropriate in the circumstances. Once again, I should stress that we have no issue with local governments rewarding the hard work and dedication of their workers so long as those payments are in the public interest and designed within the established processes. However, in this case the across-the-board pay rise cannot be seen in that way. The government has made it a requirement of the reform process that new councils develop a new enterprise bargaining agreement within their first 12 months of operation. As such, we have also sought to provide protection for local government workers’ job security and working conditions through the three-year staff support package. This package will enable a smooth transition during the reform process and will protect workers while ensuring that services to the community are maintained or enhanced. As such, I cannot support this disallowance motion before the House tonight. Mr ELMES (Noosa—Lib) (8.28 pm): I rise to contribute to tonight’s disallowance motion concerning the ability of the former Aramac Shire Council to pay its workers. From the outset let me say that I am not surprised that, nearly one month after the Labor government’s belligerent campaign against local government in Queensland, we are still here trying to clean up its mess. I note the irony that in this House today the Minister for Tourism, Regional Development and Industry said that the greatest challenge to regional Queensland is the shortage of labour. Obviously the minister and the Deputy Premier need to have a conversation—not with Queensland but with regional Queensland. May I suggest that the Deputy Premier listen to his colleagues about the issue of regional workers. The Bligh government is in disarray over its response to labour market pressures. Two ministers from the same government are blatantly contradicting each other. Labour shortages in regional Queensland are crippling, particularly in areas like Aramac and the now Barcaldine Regional Council, and that is why Aramac needed to pay their workers above-award rates. Many regional centres are seeing massive movements of their workers into the mining sector and, as a result, employers and councils must pay more to keep their workers. With the old boundaries of the Aramac shire just a stone’s throw from the lucrative mines of the Bowen Basin, the threat of more labour shortages has caused their neighbouring shire councils to increase the rates of pay to between 108 per cent and 115 per cent of the award rate. The simple truth behind this is that people are drawn to jobs. They are drawn to pay. The Aramac Shire Council was doing what it could to keep up. 1106 Local Government Amendment Regulation (No. 1) 16 Apr 2008

This is simple economics. Given Minister Boyle’s comments in this place only today, one would expect that the government would understand the position of the former Aramac Shire Council. Unfortunately, the Bligh government has disappointed the people of Queensland, particularly the people of regional Queensland, yet again. This government does not understand what regional life is like, just as it does not understand what it is like to live in small country towns that are under threat because of population decreases. But the real effect of its actions just makes life harder for councils in regional Queensland and their employees. We probably should not be surprised that this government does not understand western Queensland given that the Minister Assisting the Premier in Western Queensland comes from Toowoomba. I would like to give a very simple explanation of the cost of living in regional Queensland and paint a very simple picture. According to the 2006 census, the median weekly wage in the Aramac shire was $417. I would like to see how many people in this House would like to live on $417 a week. But in the mining town of Emerald, just a couple of hours down the road, the median weekly wage was $694. That is more than half again just for driving down the road a little way, as we would say in the bush, and getting a job in the mines. In Moranbah, another mining town about three hours away, the median weekly wage rose to $948. That is nearly twice what people get living in Aramac. That is great for the people of Moranbah, but it makes it incredibly difficult for employers in Aramac to keep their workers. In Dysart and Middlemount the median weekly wages were $932 and $1,076 respectively. That is in contrast to Jericho, where the council workers already receive a 15 per cent premium. The median wage per week was $439. This shows the disparity between regional towns in western Queensland and explains why these smaller regional towns are struggling to hang on to their young people. As I said, a simple look at the 2006 census information should have shown the range of premiers and ministers involved in forced council amalgamations—I include Premiers Beattie and Bligh and ministers Fraser, Pitt and Lucas—that a very small increase in council wages for those in the Aramac shire was just plain common sense. Eight per cent on $417 a week is not going to break anyone’s bank. In Aramac, as compared to the mining town of Moranbah, proportionately speaking there are about 66 per cent fewer people aged 15 to 24. The future of these regional towns lies in their young people. Frankly, the young people are leaving. I know that the Bligh government does not realise the problem. If too many young people leave these towns it puts in serious doubt their ongoing viability. Unless checked, we may see everywhere west of the Bogantungan Range turned into a waste land. Mr Hoolihan interjected. Mr ELMES: I understood and pronounced it very well, member for Keppel. I strongly support the disallowance motion. Mrs MENKENS (Burdekin—NPA) (8.33 pm): I rise to very strongly support the disallowance motion that has been moved by the member for Warrego. I express my absolute amazement at this government’s arrogant approach, yet again, in the takeover of the once-local government system in Queensland. We see that the Aramac Shire Council applied for a measly eight per cent increase in pay rates for its employees on 30 January this year. But for reasons best known to the government itself, its application was revoked by way of the Local Government Amendment Regulation (No. 1) 2008 in March this year. Documentation from Aramac Shire Council explains that Aramac council employees are paid at basic award rates. But they have now amalgamated with other councils. Aramac has now amalgamated with Barcaldine and Jericho. They have come up with enterprise bargaining agreements, and their pay rates are eight per cent and 15 per cent respectively higher than Aramac’s. The very sensible submission of the Aramac Shire Council outlines that after amalgamation the pay rates would be discriminatory and would offer no incentive for personnel working there. We can use our imagination and see that two people could be working together and one could be earning eight per cent to 15 per cent more than the other person. We have an amalgamated council now. We have people from right across the area working in that council. The Labor Party purports to be the party for the workers. How wrong that is when we see what is happening tonight! The unions support this move. This move has strong support from the unions. What we are seeing is arrogance and power control. It is total dictatorship. It is trying to tell local people what to do. Local people are making decisions here. They understand the atmosphere. These are the people who are on the ground and are actually able to make the decisions. At the time of Federation, Australia was blessed with a very sensible and sound framework. We had a three-tier system of government. We had federal, state and local governments. But we saw a socialist Labor government take advantage of the power it believed itself to have—power over the very existence of local government. In 1922 the socialists destroyed the upper house, the house of review. We see that it has destroyed the magnificent fabric of local government. 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1107

Mr O’Brien: Bring back the upper house. Mrs MENKENS: Absolutely. You took it away so it is about time we brought it back. Mr O’Brien: Move the motion. Mrs MENKENS: Absolutely. Let’s do it. Mr Reeves: Is that National Party policy? Mrs MENKENS: You never know. Mr DEPUTY SPEAKER (Mr Moorhead): Order! Member for Mansfield. Mrs MENKENS: I appreciate that. The government’s manipulation of local government in country Queensland would never have been imagined by our forefathers. The word ‘local’ has truly disappeared from the term ‘local government’. The name should not even been ‘regional’. I am afraid it is Labor centralist control and it is very disappointing. Government members interjected. Mrs MENKENS: It hurts, doesn’t it, but it is the truth. No local government— Mr Elmes interjected. Mrs MENKENS: No, he is not. No local government is local anymore. Mr Elmes: That was the one good part about the election. Mrs MENKENS: There were a few good parts. The word ‘local’ has gone forever. Mr Hobbs interjected. Mr DEPUTY SPEAKER: Order! Member for Warrego, the member for Burdekin is trying to speak. Mrs MENKENS: Thank you, Mr Deputy Speaker. I do appreciate the support. This debate tonight is about the impact on the Aramac community. It is about the impact on families. It is a complete insult to those people. There is no understanding being shown of local issues or of local needs. We heard the member for Noosa talk about this. I would like to honestly ask: how many people who live in the south- east have ever been to these rural areas? How many of them have been in the west? Mr Elmes: Put your hands up. Mrs MENKENS: They probably went to Toowoomba, bless their hearts. Ms Struthers: How many of you still live in the country? Mrs MENKENS: I think we might be having a debate here so I might return to my comments. Mr DEPUTY SPEAKER (Mr Moorhead): Order! It might help if you directed your comments through the chair. Mrs MENKENS: Democracy means listening to the people, and what we are hearing tonight is that this government is not listening to what the people in Aramac are asking for. I sit here in parliament and I hear that right across-the-board in Queensland and in the rest of Australia we have a lack of skilled workers in all of our cities. If there is a lack of skilled workers in the cities, for heaven’s sake, can members not imagine how much there is a lack of skills in isolated rural and regional areas? I do not know whether the members opposite have any knowledge whatsoever about how much more difficult it is in the far-northern and western areas to attract staff. Businesspeople right across-the-board— graziers, farmers and councils—have an uphill battle because their rates of pay do not match those of the mining companies. Let us face it, why would people not drift across to work for the mining companies? But the mining companies are also struggling to attract enough staff. They really are struggling. All businesses in regional areas are forced to offer extra incentives to attract good workers. This simple request from the Aramac Shire Council is just an example of what all businesses in these areas are required to do. There are many businesses in these isolated areas that have to pay well above the basic wage. They all pay well above the award wage. I have the greatest respect for the minister. I know him to be a very fair and just man. I also know that he lives in a regional area and that he would have an understanding of what these people are going through and the difficulty they face. The Aramac Shire Council, which has now been amalgamated, will lose a lot of these workers and it will have a great deal of difficulty replacing them. At the end of the day, what will be the result for that area? I strongly support the disallowance of this ridiculous regulation moved by the shadow minister. I implore the minister to really hear the needs of the rural area. Mrs SULLIVAN (Pumicestone—ALP) (8.41 pm): We have had a major reform process within councils throughout Queensland. It is one that was widely advertised and debated. It was criticised by those who did not understand it and by those who had a vested interest. It was supported by those in the community who saw the benefits and knew that it was time for a change. 1108 Local Government Amendment Regulation (No. 1) 16 Apr 2008

I really appreciate the member for Warrego’s new-found empathy for workers but, as other members on this side of the House have said tonight, the message that this state government sent to all councils was that during the reform process it would be business as usual and that—and this is what the member for Warrego has missed—under the local government reforms amalgamated councils would be required to develop new enterprise bargaining agreements for all staff within one year of amalgamation. However, in January this year the Aramac Shire Council, which was amalgamated on 15 March with the Jericho and Barcaldine councils to form the Barcaldine Regional Council, made a decision to give its employees a pay increase to the tune of eight per cent. From listening to the speech made by the member for Warrego, it would appear that that had nothing to do with vote buying. No, it was just purely ‘we care for our workers’. My question is: why did the council not care for its workers in the previous budget or even the one before that? Whilst I am usually in favour of workers getting a pay rise, it is the timing of this decision that raises concern. This resolution was made shortly before the council went into caretaker mode just prior to the Queensland-wide council elections. The Minister for Main Roads and Local Government, the Hon. Warren Pitt, was so concerned about this decision that he expressed his concerns in a show-cause notice which said that this eight per cent pay rise may not be in the best interests of the Aramac ratepayers or, indeed, those of the new Barcaldine Regional Council. We all know that this decision should have followed the correct process, and that is why the decision has been revoked. The decision should have been left to the determination of the newly formed Barcaldine Regional Council. A response from the Aramac council to the minister failed to provide anything new in relation to justifying this eight per cent pay rise. The increase was equal to an across-the-board double the rate of inflation pay rise to the council’s employees. This wage rise was granted by a group of people some of whom might not be around after the elections. Therefore, they took no responsibility for their actions. Someone else was going to pick up the tab. I wish I could have a bet like that: use somebody else’s money and not take responsibility if I lose. Was this decision financially appropriate? Ms Croft: No. Mrs SULLIVAN: The member for Broadwater is quite right. No, it was not. But from looking at this disallowance motion that was moved by the opposition, obviously it believes that it was a financially appropriate decision. This is an opposition that sees itself as the alternative state government. The council’s own documents revealed that the money needed to pay for the inappropriate decision that it made was to be taken from the Commonwealth and state grants earmarked for flood damage repair and roadworks. If that is not bad enough, any objective analysis of the facts, that is that Aramac council did not include the pay rise in its normal budget process, that the rise was not put in its operational plan and that the decision ignored council’s corporate planning processes, suggests that the actions of Aramac council, no matter how well meaning—and I have no doubt and I agree with the member for Warrego that the workers were loyal and diligent; I have no problem with that—were simply inappropriate. The fact that this motion was even considered by those opposite suggests that they still do not understand what constitutes good governance or sensible financial management. The opposition is often bleating about good financial management and how important it is. Only yesterday I heard the opposition leader talk about prudent spending. So maybe he should have passed on some of his wisdom to shire councils such as Aramac on his meet-and-greet tour in regional and rural Queensland. The state government’s actions in this case send a clear message not only to local government but also to the broader community that this state government is committed to good governance in the public interest. Those on this side of the House will make the hard decisions in the name of financial responsibility even when those decisions may not be universally popular. The decision by Aramac council was a clear case of good governance not being applied. Regrettably, the state government has had to step in on behalf of the public interest. It is also unfortunate that moneys paid to employees of the council in excess of their old pay rates from the date of the council decision up to when it was revoked on 7 March will not be able to be recouped by the new council. I know Aramac council was not the only council that was written to during the transition period about certain inappropriate action. The former Caboolture Shire Council mayor, who was not successful in her re-election bid, had to be told how inappropriate it was to send out invitations as mayor to functions after the March elections. As late as the day before the election, the Caboolture councillors were being pressured into signing off on an extra 10 weeks of pay for a retiring CEO. That is disgraceful behaviour that has been referred to the minister. But I am pleased to say that the newly elected mayor of the Moreton Bay Regional Council, Allan Sutherland, has met with the member for Glass House, Carolyn Male, and me and has offered to work with us for the benefit of the community. That level of cooperation is most welcome. I take this opportunity to wish all of the newly elected councillors and mayors the very best for the future. Mr DEPUTY SPEAKER (Mr Moorhead): Order! Before calling the member for Charters Towers, I welcome to the public gallery today Councillor Bob Abbot, the Mayor of the Sunshine Coast Regional Council. 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1109

Mr KNUTH (Charters Towers—NPA) (8.47 pm): It gives me great pleasure to rise to speak in support of this disallowance motion, which was moved by the shadow minister for local government. The Local Government Amendment Regulation (No. 1) 2008 was tabled in this House because the state government, in its wisdom, without any recognition of the circumstances, revoked a resolution of the Aramac Shire Council for its workers to receive an eight per cent increase in their normal pay rates. The Aramac Shire Council employees are paid basic award rates. The surrounding councils that were amalgamated with the Aramac council of Barcaldine and Jericho pay their employees through an EBA at rates respectively eight per cent and 15 per cent higher than Aramac employees. The bulk of the Aramac council payroll expenditure is on construction and maintenance of roads within this area. The main construction effort is that which is currently being undertaken on the Torrens Creek Road. It causes the Aramac Shire Council employees considerable inconvenience and family disruption because those employees are required to camp at the job site, which is 100 kilometres from their homes. The completion of this road will open up inland Queensland. It will create an inland highway from Townsville to Melbourne and on to Adelaide. When fully sealed, the inland highway will alleviate pressure from the Bruce Highway and give tourist and transport operators alike an alternative, less dangerous route on which to travel. It will also breathe life into inland Queensland. Aramac Shire Council submits that the cost of the pay increase will not result in funding problems for the incoming Barcaldine Regional Council. The Aramac shire is injecting $7 million to $8 million in cash reserves to the Barcaldine Regional Council plus off-program road construction grants and subsidies and MDRA works valued at about $14 million. Since the forced council amalgamations, communities such as Barcaldine, Jericho and Aramac have received the biggest kick in the guts. These local councils have been the engine driving these communities, providing infrastructure, jobs and administration. Local decisions are made through grassroots knowledge. The decision to amalgamate successful councils was one of the greatest attacks ever on a democratic tier of government, on rural communities and on the workforce in Queensland. To add further misery, this government has given Aramac Shire Council workers another kick in the guts by denying the local workforce a chance of pay rates equivalent to those of the workers in the surrounding shires. Jericho Shire Council, in an attempt to counteract employee defection to the mines, gave a wage increase to its employees to try to keep them in the community. I know of the circumstances that surround the poaching of local council workers such as plant operators, administration staff and diesel fitters to the mines. I commend this council and other councils for acknowledging this problem and tackling it to keep their communities alive by increasing the pay rates of the poorest of the poor. These are the poorest of the poor. These are the lowest paid workers in Queensland. As an example, Xstrata in the township of Tieri was looking for diesel fitters. It could not get enough so it recruited from the United Kingdom and offered substantial pay increases and further incentives that were too good to refuse. Aramac Shire Council’s biggest crime in the state government’s eyes was to give the lowest paid workers an increase so it could retain its staff and protect its community with its greatest asset, which is its people. The council is the greatest employer. Now it has been punished for being proactive in endeavouring to retain its staff by offering a pay increase equivalent to its counterparts in both Jericho and Barcaldine shires, but the state government has revoked this. Why is it a crime to give workers in the Aramac council a pay increase of eight per cent? It has been revoked by the state government. How can those opposite support this decision? Local councils are right at the heart of local communities. Their importance to the retention of community spirit and identity cannot be denied. They support Aramac and Muttaburra race meetings and they support local festivals and events such as the Harry Redford Cattle Drive, which is renowned for its unique and traditional experience of life in the outback. I left school in 1981 at the age of 15 during a time when the majority of school leavers left at that age. There were many opportunities for school leavers to get work at this time, such as in the meatworks, the railways and local councils. Unless a school leaver decided to take up an apprenticeship, the local council employees were paid the lowest wage available for labouring jobs. A rate rise of a measly eight per cent is very important for these employees. If members go to these employees’ compounds in Aramac they might see a brand-new car. But if there is a brand-new car I can guarantee that the person who owns it is about to retire from the workforce. He may just pay off his home. That is the life of the average working person, especially the council worker. I ask members to take into consideration that these people do not have millions of dollars. These people are lucky to earn $500 to $600 a week. These are the poorest of the poor. These are poor labourers who are out there amongst the flies, the crows, the heat and the dust. They contribute to the community. They are the backbone of those communities. And this government will not give them a lousy eight per cent pay rise. Those opposite can point the finger at us, at John Howard or at WorkChoices, but this is their opportunity to vote for the poorest labourers and give them a lousy eight per cent. I do not know how members opposite cannot support this. It is easy and simple. It is an eight per cent pay rise to the 1110 Local Government Amendment Regulation (No. 1) 16 Apr 2008 poorest of the poor. These people are the true, down-to-earth Aussie battlers who believe passionately in upholding the Australian way of life. They believe in the Aussie spirit of a fair go for all and an honest day’s pay for an honest day’s work. It is a disgrace that we are debating this motion in this House today. I support this disallowance motion. Mrs MILLER (Bundamba—ALP) (8.55 pm): I was absolutely amazed by the hysterical speech from the member for Burdekin, who spoke about socialists and the abolition of the upper house. In fact, I was waiting for the reds under the beds to come out, but I did not quite hear that. The government understands that the Aramac Shire Council’s principal driver for giving an eight per cent across-the-board pay rise was that Aramac employees are the lowest paid workers within the amalgamating workforce comprised of the former shires of Aramac, Barcaldine and Jericho. While this may be the case, the government’s responsibility to the community demands that any decision to raise pay rates is undertaken as part of the normal planning processes of councils as set out in the law. It is set out in the Local Government Act 1993. This pay rise was not. Council documents supplied to the government indicate that the eight per cent across-the-board pay rise was to be funded from—listen to this—Commonwealth and state funds earmarked to repair flood damage and provide roadworks. That was where the funding was coming from. The council did not have it; it was to come from Commonwealth and state funds. The pay rise was not included in the council’s budget and it was not included in its operational plans or any of its business planning processes. It was, simply put, inappropriate. It defied sound administration practices, it defied good management and it defied our government’s reform message to local government, which was business as usual. It defied good public administration practices. The government has put in place a process to ensure that all new local governments develop a new enterprise bargaining agreement within their first 12 months of operation. This process will be an integral part of the new councils’ corporate planning processes and will ensure that any pay rate adjustments are achieved while maximising job security, maintaining the existing working conditions of employees while also securing or enhancing existing service delivery levels to the community. It is anticipated that any inequities between the former Aramac Shire Council workers and the other workers of the former Barcaldine and Jericho shires will be an essential consideration in the development of the Barcaldine Regional Council’s enterprise bargaining agreement. I have absolutely no doubt that Aramac Shire Council workers have been loyal, conscientious and hard workers dedicated to their local community. However, councils must follow due process. They must obey the law. Aramac Shire Council should have known that its decision, no matter what its good intentions, was out of line. The decision about pay rates should have been left to the new council. The regulation is not retrospective. It took effect from 7 March 2008, which was the date of gazettal. The moneys paid to employees of Aramac Shire Council in excess of their old pay rates from the date of the resolution up to 7 March 2008 will not be recouped by the new Barcaldine Regional Council. Our government has been committed to local government reform for a very long time. It wants good local government, well-managed finances and services delivered efficiently and on time and, importantly, it wants proper processes adhered to by local government. That way everyone in the community can be confident in the administration of local government and can be confident that their rates are well spent for the benefit of the entire local government area. In conclusion, I make a brief comment about the comparison that members opposite are making in relation to local government employees and mining industry employees. It is my view that local government employees can never, ever compete with mining industry employees, many of whom are members of the CFMEU Mining and Energy Division. They simply cannot compete with the collective bargaining and the might and power of the CFMEU Mining and Energy Division. It is the union that gets them these high pay rates, not the companies. The unions look after their union members, not the big multinational companies. One member talked about the workers and the flies, the crows, the heat and the dust— Mrs Sullivan: And the bats. Mrs MILLER: And the bats as well. I can tell the members that being down a dirty filthy coalmine, breathing coal dust and operating heavy machinery is not pleasant, either. I am against the disallowance motion. I completely support our government in relation to its local government reform processes. Hon. FW PITT (Mulgrave—ALP) (Minister for Main Roads and Local Government) (9.00 pm): I thank the government members who have so clearly articulated the government’s position on this matter. Their arguments were logical, well-founded and, unlike those of the opposition, grounded in reality. It is unfortunate that the opposition has completely misunderstood the reason behind this decision and has instead chosen to try to make some political mileage from it. Before I get into too much detail responding to the opposition’s misguided mutterings about this matter, it is worthwhile reiterating the background to the issue. 16 Apr 2008 Local Government Amendment Regulation (No. 1) 1111

In late January this year, just days before entering caretaker mode in the lead-up to the March elections, the Aramac Shire Council made a decision to give its workforce an eight per cent pay rise. I wrote to the council asking it to show cause and explain that decision. I wanted to know whether the council had budgeted for this decision and whether it could afford such a huge spike in wages. After all, the increase was twice the level of inflation and far in excess of pay rises being granted across others sectors and industries. Unfortunately, Aramac Shire Council failed to justify its decision. There was no evidence that it allowed for these pay rises in its budgeting process. Given that we were only weeks away from Aramac’s amalgamation with Jericho and Barcaldine shire councils to form the Barcaldine Regional Council, I was of the firm view that a decision of this magnitude should be left up to the newly elected regional council. In this case the Aramac shire acted for political purposes and not because it was genuinely committed to the welfare of its workforce. I want to stress that neither I nor any member of this government had any issue with the quality of the work of the shire staff within the Aramac Shire Council. I accept the old council’s comments that its employees had been loyal and conscientious. The fact that the Aramac council had not attended to its remuneration earlier is a blight on its stewardship. The fact remains that, if such inequities existed between the pay rates of the merging councils, the former Aramac council could have taken action earlier and not at the eleventh hour on the eve of amalgamation. Obviously, by his own admission, Mayor Peoples was prepared to seriously underpay his workforce until he saw the opportunity to ingratiate himself with them for electoral purposes. I am also confident that the processes put in place by the state government as part of the transition process will ensure workers’ rights and entitlements are protected. The workers of the former Aramac shire are reminded that it was the members opposite who voted against a safety net for their ongoing employment. Pay and conditions of all council staff are guaranteed under the state government’s workforce transition code of practice. Under the local government reforms, amalgamated councils are required to develop new enterprise bargaining agreements for all staff within one year of amalgamation. This is the proper process for dealing with any inequities that exist. I will now address some of the points raised in this debate. I am bemused by the opposition’s conversion on the road to Damascus. They are the new-found friends of the workers! They are the very same people who supported WorkChoices until the dying days of the Howard government. Why didn’t they speak up for the workers if they felt that they were not being paid the going rate of surrounding shires? The answer is simple: they could not care less! They only found an interest in Aramac council staff when it suited their shallow political purposes. Tonight I was going to attempt to use logic to rebut the arguments of the shadow minister for local government. However, that is difficult because the member has prosecuted one of the most shallow and baseless performances I can remember in this House. That he could keep a straight face in doing so is a testament to his thick political hide. The member for Warrego should be reminded that the issue is not about whether the workers deserve the pay rise. The council did not follow its budget process. Aramac did not include the pay rise in its operational plan. Despite the member for Warrego’s assertions, the council’s own documents show that it was relying on flood damage grants and roadworks funding to pay for the rise. I know that the member for Warrego denies this and therefore I table a memo from the Aramac shire, part of which states— The Council has submitted an application of $2million in NDRA flood damage restoration grants. It is submitted that these funding sources have adequate capacity to absorb the pay increases to Construction personnel. Tabled paper: Fax dated 1 February 2008, from Acting Chief Executive Officer, Aramac Shire Council to Local Government Reform Division relating to council’s resolution concerning the 8 per cent pay increase, enclosing a memo relating to Aramac Shire Council pay rates, undated. Shame, shame, shame! Aramac employees have not suffered a loss of pay or conditions. However, the people of Aramac would certainly have suffered if crucial funds were stripped from roadworks and flood damage repairs. The member for Gregory suggested that we do not care about people from the bush. That is far from the truth and he knows it well. Those opposite are really showing their appalling lack of financial acumen. I cannot condone a council taking from their community money for vital services to give a pay rise to their staff which they would have received later in the year. It is just that simple. The member for Toowoomba South is concerned about the loss of representation. I am reminded of the AgForce slogan ‘Every family needs a farmer’. According to the member for Toowoomba South, every family needs a councillor. The member for Burdekin engaged in a wide-ranging response that prosecuted an ideological mindset that I would contend is deeply rooted in the 1950s era of McCarthyism. Claims that the region will lose the Aramac workforce are pure fantasy. They know the amalgamated EB process will deliver remuneration justice to them long denied by Aramac shire. These are intelligent people who can see through a political stunt, even though the members opposite are blind to this reality. 1112 Adjournment 16 Apr 2008

The member for Charters Towers provided us with a stellar performance. In my view he has enhanced his chances of becoming the first premier of an independent north Queensland state. His empathy for workers is genuine, and I say that with all sincerity. However, he completely misses the basis for the issuing of this regulation. The local government reform process has been and is full of challenges. Fortunately, the process put in place by the state government has provided a clear and consistent framework for ensuring that changes arising from these reforms are implemented as smoothly as possible. We provided funds to help councils with the cost of amalgamation, we put an employee assistance package in place and we established local transition committees to oversee the process. By and large, these initiatives have worked. They have been aided by the professionalism of the people on the LTCs, but the fact remains that the processes have proven to be successful. Aramac Shire Council’s decision fell well and truly outside these processes, and as minister I could not stand by and allow this to occur. The public interest needed to be considered, and allowing the decision to stand was not in the public interest. I stand by the government’s actions in this matter. Division: Question put—That the motion be agreed to. AYES, 28—Copeland, Cripps, Dempsey, Elmes, Flegg, Foley, Gibson, Hobbs, Hopper, Horan, Johnson, Knuth, Langbroek, Lingard, McArdle, Malone, Menkens, Messenger, Nicholls, Pratt, Seeney, Simpson, Springborg, Stevens, Stuckey, Wellington. Tellers: Rickuss, Dickson NOES, 48—Attwood, Barry, Bligh, Bombolas, Boyle, Choi, Croft, Darling, English, Fenlon, Finn, Fraser, Gray, Hayward, Hinchliffe, Hoolihan, Jarratt, Keech, Kiernan, Lawlor, Lucas, Mickel, Miller, Nelson-Carr, O’Brien, Palaszczuk, Pitt, Purcell, Reeves, Reilly, Roberts, Robertson, Schwarten, Scott, Shine, Smith, Spence, Stone, Struthers, Sullivan, van Litsenburg, Wallace, Wells, Wendt, Wettenhall, Wilson. Tellers: Male, Jones Resolved in the negative.

ADJOURNMENT Hon. RE SCHWARTEN (Rockhampton—ALP) (Leader of the House) (9.16 pm): I move— That the House do now adjourn. Football Bundaberg Mr DEMPSEY (Bundaberg—NPA) (9.16 pm): Football, or soccer as it was formerly known, is universally referred to as the ‘world game’, and Football Bundaberg is certainly doing its part to take the game to the world. Football Bundaberg is by far and away the biggest sports controlling body and one of the most professionally run sporting organisations in Bundaberg, with a total of 193 teams playing this season. Its complex at Martens Oval, which boasts 11 playing fields, is a shining jewel in Bundaberg’s sporting crown and is rated as one of the best football facilities in country Queensland. To maintain this high standard, the hardworking association urgently needs an upgrade of its existing ancient grandstands to meet modern standards and safety requirements. I look forward to taking up these concerns with the sports minister and the parliamentary secretary. There is also the Bundaberg Toyota Spirit, which plays in the new Queensland state league and provides a great stepping stone for Bundaberg youth, as seen last Saturday night with the Spirit’s home- grown side breaking through for their first win. Congratulations also go to Spirits’ first coach and local talent, Lynn Hodgkinson, who gilds his team with great enthusiasm and passion. This win also topped off a huge week for Football Bundaberg after they had superbly hosted the Football Queensland under- 17 and under-15 girls championships. An organisation like Football Bundaberg could not be so vibrant and successful without an extremely dedicated and hardworking management committee, and it all starts from the top with chairperson, Dr Greg Bath, heading an A team featuring secretary, Kim Tominich; treasurer, Kerrie Price; games committee chairperson, Jim Cairney; development manager, Richard Mitchell; registrars, Colleen Cutting and Kerry Rehbein; events coordinator, Fiona Stevenson; Women’s Standing Committee chairperson, Gayle Read; and Junior Standing Committee chairperson, Noel Stitt. This committee also receives great support from extremely active life members such as Bill Donnison, Raoul Cunningham, Femia Eizema, Garry Heiniger, Les Killer, Robert Edgar and Des Barritt. Greg Bath has worked long and hard to form the Spirit and have its nomination into the state league accepted, and he remains heavily involved in the club committee with Matthew Stokes, the president; Colleen Cutting, the club secretary-registrar; Karen McIlroy, the treasurer; and Terry Gardener. Dr Greg Bath states that the club’s main aim is to help fast-track local young talent into the top level. So look out for Bundaberg players in future A league teams and hopefully the green and gold. Football Bundaberg will also be hosting the School Sport Queensland 12 years boys and girls championships in July. This will be another great opportunity for anyone to see the stars of the future in action and witness a great major event run like clockwork. The Bundaberg Spirit is very aptly named. So if they are playing in your area, I urge you to go along and watch them in action. 16 Apr 2008 Adjournment 1113

International Women’s Day Ms BARRY (Aspley—ALP) (9.19 pm): I am a little bit late with my International Women’s Day speech but it was such a good week—and I say ‘week’ because this year International Women’s Day lasted five days, and I then needed two days to recover—that I really need to still talk about it this sitting. I started by joining over 1,200 Queensland women at a UNIFEM breakfast and I finished with shopping for shoes with two of my girlfriends at the end of the week. It was a perfect week, and how appropriate that on the 100-year anniversary of International Women’s Day the ‘day’ celebrating the strengths and courage of the sisterhood of all women should last a week for me. As I said, I started with the UNIFEM breakfast at which we heard from two amazing women from the International Women’s Commission for a Just and Sustainable Israeli-Palestinian Peace. They were women who come from both sides of the most tense and ugly conflict in the world today and yet are capable of working together to find a real solution for the conflict that is continuing to harm women and their children the most. I went on to join the Mining Industry Skills Centre at the Queensland Resources Council awards for women in mining. Again, I joined a large number of women celebrating the success and tenacity of their sisters in a tough world. I went straight to lunch for the Office for Women with Minister Keech to listen to the amazing Dr Karen Brooks, a woman whose commentary is always a must read for me. She gave a compelling speech on body image and how women must free themselves from the shackles of unrealistic body image pressure placed upon us from many parts of the media and ourselves. Finally, I went to Strathpine State School for its International Women’s Day event. I had been interviewed along with our local mayor earlier in the month by the school’s leaders—school captain Kirsten McKecknie and vice- captain Maddison Dunseath—on my thoughts on body image, the secrets of my success and my advice to young women today. On Thursday I went to the school to join the local Pine Rivers mayor, Yvonne Chapman, in a presentation of the girl’s work and to address the assembly. It was wonderful to join Mayor Chapman in one of her final events as the Pine Rivers mayor. Whilst I have often been at odds with my local mayor on many policy and political points, I am aware of her important legacy to women, having been the first woman at a state government level. Indeed, she is a trailblazer and we will miss her style and presence. It was wonderful that Strathpine State School chose to honour her in this way. The whole school joined in the International Women’s Day celebration. I congratulate the leaders, Kirsten and Maddison, Principal Kerri Jones and teacher Heidi Clauscen for their wonderful efforts and their invitation for me and Mayor Chapman to join in such a wonderful school event. Indeed, International Women’s Day was an amazing extravaganza for me. I definitely think we need to turn International Women’s Day into International Women’s Week.

Richmond, Ambulance Services Mr KNUTH (Charters Towers—NPA) (9.22 pm): I wish to speak on the appalling lack of an appropriate ambulance service at Richmond. This is an issue I first raised in my maiden speech—that Richmond needs a full-time ambulance station staffed by paramedics. As members are aware, the town of Richmond and its surrounding districts are still without a crew for its ambulance. As recently as 2 April this year, the director of nursing and a nursing student were forced to drive the ambulance on an emergency call-out despite the fact that they are completely untrained to drive the vehicle and that their absence on the 90-kilometre round trip left the hospital grossly understaffed. The memorandum of understanding at 13.1 states that the Queensland Ambulance Service and Queensland Health have no public liability insurance for the ambulance service. This comes on top of the Richmond Fire Service being given a hierarchy directive that it cannot drive the ambulance in an emergency. I ask: why are the lives of patients and nurses being put at risk because of the government’s failure to provide basic health services, like ambulance crews, for rural and regional Queensland? Queensland Health nursing staff should not be responsible for the government’s failure to provide an adequate emergency response service. It is unacceptable for nursing staff to be called out at all hours of the night and leave the hospital unattended while they drive emergency ambulance vehicles on round trips of up to 400 kilometres on dirt roads and at times during the wet season and expect them to attend to accident victims in the quickest, safest time in order to save lives. This is the year 2008, and it is unbelievable that Richmond still has an ambulance service made up of unpaid volunteers and nursing staff who are required to be on call 24 hours a day, seven days a week. Richmond roads cover 1,500 kilometres, of which 80 per cent is black soil or gravel. If any volunteer drivers are recruited to drive the ambulance, they should be trained and paid. It is not unusual for nurses to be called out to travel a 400-kilometre round trip, but this should be the responsibility of the Department of Emergency Services. It is appalling that calls for an ambulance station and paramedics to be based in Richmond have been thrown on the scrap heap. The community of Richmond disputes the minister’s response that an appropriate ambulance service has not been provided because the ambulance call-out figures are a particular percentage. He omitted to mention the 1114 Adjournment 16 Apr 2008 fact that many people drive their loved ones to hospital at all cost rather than disrupting the understaffed hospital. The Richmond Shire Council has called for a public meeting at the Civic Centre to look at the community’s legal options to dispute paying the community ambulance levy for a service they do not receive. I support this call and I table the media release distributed by the Richmond Shire Council. Tabled paper: Media release, dated 16 April 2008, by Richmond Shire Council, titled ‘Ambulance Levy a Farce!’ The Richmond community pays an ambulance tax and this government has a moral and financial responsibility to provide a world-class, responsive, value-for-money ambulance service as promised by the Premier. Hockey Mr BOMBOLAS (Chatsworth—ALP) (9.25 pm): I rise to speak on a positive note about sport in Queensland. There is no questioning Queensland’s reputation as the home of some of Australia’s and the world’s biggest hockey stars. Eight players on the national men’s hockey team, the Kookaburras, are Queenslanders, as are eight players on the women’s team, the Hockeyroos. That means 33 per cent of Australia’s representative hockey players are Queenslanders, and 2007 was certainly the year of hockey glory for the Sunshine State. The Queensland Blades, the under-21 women’s and the under-18 boys all won their national league titles, while the Scorchers and the under-18 girls came second. We also had eight of our male players and five of our females take the field with the Kookaburras and Hockeyroos at the Oceanic Cup Olympic qualifiers, with both teams securing Olympic berths after finishing first and second in their respective draws. I am confident our Queensland players will be part of a gold rush at the Beijing Olympics. In 2008 the Blades and Scorchers both finished runners-up. The Blades went down 4-2 to the WA Thundersticks in the men’s final, while the Scorchers lost their final 2-0 to the WA Diamonds. So unfortunately glory went to the west in both divisions. I am pleased to be part of a government that strongly backs sport in Queensland and is a solid supporter of hockey in this state. Last year’s budget delivered more than $306,000 for grassroots hockey organisations. Additionally, more than $5.05 million has been provided for facilities and programs which hockey participants will benefit from. In January this year we also announced $750,000 for Hockey Queensland over the next three years to improve organisational management, planning, education and training leading to more opportunities for participation and better pathways for Queenslanders involved in this fantastic sport. Hockey Queensland will also receive $75,000 for two priority initiatives, including a structured competition to help the game grow in far-north Queensland. This funding is a strong investment in the future of hockey in this state and I have no doubt it will help to nurture the next generation of stars while also supporting those already excelling in this fantastic sport. One of the great roles that I have had to perform as the Parliamentary Secretary to the Minister for Police, Corrective Services and Sport was to attend the Hockey Queensland annual awards night and represent the minister at the Victoria Park Golf Complex. It was a fantastic night, a gala night, where we paid tribute to not only the elite stars of hockey but also some of the grassroots players and the volunteers who get behind hockey. We paid tribute to their contributions to the sport. Queensland Fire Stations Ms LEE LONG (Tablelands—ONP) (9.28 pm): We have all heard about the health problems facing the firefighters at the Atherton Fire Station, and I would like to thank the minister for coming to Atherton last Saturday to deliver the report personally to the firefighters and their families. It was much appreciated. I believe that they have been kept well informed on the progress of the inquiry so far and that that will continue into the future. I would now like to take the opportunity to highlight the difficulties facing firefighters at the Mareeba Fire Station. This is a station where the building is simply not up to the job anymore. The argument for a new fire station in Mareeba is quite basic—the building can no longer cope with the size of modern fire engines, nor does it provide room for maintenance to be properly undertaken or for officers to work and train with adequate regard for their health and safety. Into the bargain, some equipment which is used most often within the Mareeba area has to be located more than 25 kilometres away because, among other reasons, there is no space for it at Mareeba. The station is just too small. The Mareeba Fire Station was built in the days when their engines were pint-sized compared to today’s modern monsters. So now there is hardly any room to get their engines in and out of the building. The mirrors on the side of the engines nearly touch the sides of the doorways. The gap is less than a handspan on each side. Also, the site of the station is no longer optimal as it is situated slap-bang in the middle of a busy main street near a T-junction. How there have not been more accidents is a mystery, because when the engines return to the station they are forced to stop in the main street, turn the engine across two lanes 16 Apr 2008 Adjournment 1115 of traffic at a T-junction and reverse across the footpath into the station’s parking bays through a very narrow doorway. Officers have to get out, control traffic, stop pedestrians and guide the engine during this process. It is slow, awkward and far less than ideal. When the vehicles are parked inside the station there is not enough room to fully open the engine doors. Instead, officers have to squeeze through narrow gaps to get in and out—hardly a recipe for speedy responses in times of emergency.

Another example of their cramped conditions relates to the wellness program introduced so that our firies can keep their fitness levels up, and heaven knows their strength and endurance are essential to carrying out their tasks safely. However, even for something like this there is no room unless something else is moved out or otherwise relocated. The building has simply outlived its ability to cope. It is now well past time for the Mareeba Fire Station to be replaced. I do not think it is too much to expect for our firies to be able to get into their engines to save our lives and property without having to squeeze through half-open doors.

Trefoil Guild

Mrs SULLIVAN (Pumicestone—ALP) (9.31 pm): Not everyone may have heard of the Trefoil Guild, but it has a 60-year history in Queensland. The Trefoil Guild is a group of women who are prepared to assist the guides movement and adhere to the basic guiding principles and general policies of Guides Australia Queensland. Their aim is to keep alive the spirit of the promise and law, to carry that spirit into the community in which they live and work, and to give support to guiding. Membership is open to all adult women who have either made the guide or scout promise or who are prepared to do so. During a visit to Brisbane in 1947, Lady Baden-Powell, the Chief Guide of the World Association of Girl Guides, met with a group of retired leaders who had young families and encouraged them to meet together and enjoy an extension of their guiding life.

On 24 November 1947 at the Trefoil Guild cafe, the first Queensland Trefoil Guild became a reality. It is a self-governing group and enables non-active members of Guides Queensland to retain their interests in and attention to guiding. The word ‘Trefoil’ is taken from the guide badge which contains three leaves—the literal meaning of the word ‘Trefoil’. The three leaves represent the threefold promise on which guiding is based. The inaugural meeting of the Pumicestone Trefoil Guild was held at the Guide Hut in Webster Street, Bongaree, Bribie Island on 3 September 2001. There were seven ladies present and the name ‘Pumicestone’ was chosen to include the area on the mainland as well as Bribie Island. This group was established to assist the Bribie Island guides movement and its overall running. They attend regular monthly meetings and help raise funds not only for the guides unit but also for other groups including Angel Flight, Cord Blood Bank and Lifesavers. Current members include the president, Mrs Jill McGilp; the vice-president, Mrs Pat White; the treasurer, Mrs Annette Hansen; the secretary, Mrs Pat Kingsford; the chatter scribe, Mrs Vivienne Donnelly; the state adviser, Mrs Barbara Dean; Mrs Val Chiverton; Mrs Lynda Davis; Mrs Sharyn Giles; Mrs Noelene Gorman; and Mrs Marjorie Voss. Trefoil Guild members look widely and think widely and positively as they accomplish their wonderful service. Throughout Queensland, members have knitted and crocheted millions of miles of wool into beanies, scarves, trauma teddies, premmie baby clothes and rugs for the elderly and cooked countless items for stalls, events, gatherings and raffles or to nourish the community volunteers like SES and firefighters. The motto ‘Once a guide always a guide’ is as relevant today as it was 60 years ago. I attended the AGM of the Bribie Island Girl Guides last month and was asked to continue as patron, which I gladly accepted. I was taken on an inspection of the hut after the meeting to see that the two sets of stairs to the second floor were in need of repair. I suggested a meeting with the Guides Committee and CADET Group Australia—an accredited training and placement organisation funded by the state government and currently working with the unemployed on some Bribie Island sporting and community projects. The meeting was held the next day and, with the financial assistance of Guides Queensland providing the materials, the Department of Employment and Training through CADET will organise to fund people to make repairs to the stairs and provide a number of other improvements that will be worthwhile to the Bribie Island guides. I look forward to seeing these improvements along with many other improvements being made by CADET and the state government while skilling the unemployed to give them a better chance to take advantage of job opportunities. Already we have seen the completion of work at the Bribie Island Warrigals Football Club, and next week I will hand certificates to participants who completed a project at the Bribie Island AFL grounds. Time expired. 1116 Adjournment 16 Apr 2008

Healthy Schools Pathways Mr DICKSON (Kawana—Lib) (9.34 pm): Recently I was privileged to open a wonderful school holiday initiative at the University of the Sunshine Coast. The Healthy Schools Pathways group organised a come-and-try-day for children aged five to 15. The purpose of the day was to give kids the opportunity to try out a whole range of sporting and recreational activities. They ranged from athletics to drama, cheerleading, chess, martial arts and wheelchair basketball, which I tried myself and found to be really difficult.

While many of these kids may participate in one or two of these activities, they do not usually get the chance to try a whole range of new experiences. The day was completely free, and more than 500 children turned out to spend the day in a series of half-hour workshops and clinics. Those who wanted to try their hands at athletics had the added benefit of working with Alana Boyd. Alana is a champion pole vaulter who will be representing Australia this year at the Beijing Olympics.

We all know that obesity is becoming an epidemic in Australia and is particularly affecting our children. We cannot afford to ignore the impact on our society of the increase in diabetes and other diseases directly related to obesity. As someone touched personally by diabetes, I applaud the efforts to stop this trend. Lack of activity is a major contributor to problems of obesity, and this come-and-try-day was a great way of encouraging our children to become more active.

In addition to the activities on the day, all the families who took part received a free copy of the book Keeping kids active: Sunshine Coast. I launched the book last year and it is an excellent guide to all types of activities available to children on the Sunshine Coast. As the book’s authors point out, the important thing is to encourage children to get involved in a sport or recreation—or, better still, in a range of activities. It is not necessary for them to become athletes or performers—just to be willing to have a go and enjoy themselves. The benefits are many—not just physical fitness but also skills, confidence and teamwork that sporting activities give us. I hope this come-and-try-day will become a regular event during school holidays on the Sunshine Coast and elsewhere.

I have to thank the state government because it funded part of this event. While I have the attention of the state government for another 30 seconds, if it sees fit to fund the Olympic swimming pool at the University of the Sunshine Coast in the future that would be greatly appreciated.

State Schools, OP Results Mr GRAY (Gaven—ALP) (9.37 pm): Last Saturday I was disappointed to read Des Houghton’s comments in the Courier-Mail entitled ‘Dismay over poor OP ratings’. He speaks with surprise that no state high school made the list of the top 20 schools with the best academic scores for the past three years. Even more surprising to him was the public response to the list. Des did state that there were some fine teachers in the state system. At least he called that correctly. He claimed that there were tens of thousands of students let down and he suggested that we all run into the streets and demand a royal commission.

Well, Des, I was educated in the state system and I worked in it for 38 years in a variety of roles. The reluctance to produce league tables of secondary school outcomes is because the ill-informed cannot interpret them even adequately—even in the Courier-Mail. I will not spend the few minutes available to me doing that. Any decent principal will do that for you, Des.

I will, though, tell you that not all schools—state, private and Catholic—play on an even playing field. You see, Des, state schools take all applicants. They do not discriminate on the basis of parents’ ability to pay, gender, level of academic ability, level of impairment, degree of learning difficulty, level of behavioural disorder or psychiatric condition. Nor do they discriminate on the basis of geographic location. You see, Des, state schools are for all Queenslanders. They cater for the students with high support needs who are intellectually, physically, visually or hearing impaired, have autism or speech language impairment or are multiply impaired. They cater for students in Woorabinda as well as Wooloowin; in Cunnamulla as well as Coomera. These isolated students are high-cost students, Des. Students with impairments are even higher cost students. You will find few of them in Anglican, Lutheran, pentecostal or other selective private schools. You will find them in some Catholic schools.

You see also, Des, private schools offer scholarships to their institutions for the academically good state school kids. This is called creaming and it usually occurs during year 7. At the same time many of them, the exclusive, selective private schools, meet with parents to inform them that they cannot meet their children’s needs as they move on into secondary school. Basically, this is to rid the school of the less academically inclined students so that the cohort of students will not be diluted by these students in their senior years. 16 Apr 2008 Adjournment 1117

Where do these students go? Some of them go to fair-minded private schools but most of them go to the local state high school. State secondary schools do a marvellous job teaching, counselling and providing for the diversity of students who attend. They steer those with skills whose demonstrated academic performance and interests lie in further university studies, provide a wide curriculum mix for students whose skills and interests lie in entering further education options at TAFE or private providers and undertaking traineeships and workplace apprenticeships. Other students are guided directly into the workforce. Achievement in secondary school is not measured by an OP alone but by meeting and achieving a person’s life goals. Time expired.

Seaforth Recreation Centre Mr MALONE (Mirani—NPA) (9.40 pm): I rise to speak about another bad decision of the Bligh government. I speak of the amazing decision of this government to close the sport and recreation centres throughout Queensland. Maybe I should talk to the parliamentary secretary for sport with regard to this matter. I am particularly concerned about the closure of the sport and recreation centre at Seaforth just to the north of Mackay. The sport and recreation at Seaforth is a magnificent centre. It is a well-established major facility. It can actually house 110 to 120 people. It has a sprung floor basketball stadium as part of the convention centre style accommodation. It has an excellent gallery and is built on the side of a hill overlooking Seaforth beach. It is an excellent facility that has been used by many generations of people. Currently it is being used by up to 20 sporting clubs, church and community organisations, hundreds of private citizens and 25 schools and colleges, including one school from Jericho in western Queensland. This is a sad day for sport in Queensland. I have to say that I am really disappointed that the government is making this decision. I have gone public on this matter. Currently, I have well over a thousand signatures on a petition to lodge in the parliament. By the time I do that I expect that I will have well over 2,000 signatures. The centre also acts as an evacuation centre in the case of floods and cyclones which prevail on the east coast of Queensland. The feedback I am getting from a lot of teachers is that this is a great facility in which small community schools can get together. Lisa Kempe runs an orchestral group comprising up to 120 students. She uses the facility one week a year to bring that group together. There is no other facility in central Queensland that can hold them. The issue is that more than 12 months ago the manager of the centre resigned. There has been no management at the centre for more than 12 months. To book the centre people have to call the sport and recreation centre in Yeppoon. The people there really do not want to know about it. People have to put their money in three months ahead to book the centre. It has been a deliberate attempt by this government to wind that centre back so it has the excuse to close it down. These national fitness centres throughout Queensland served our communities very well. At a time when we are seeing obesity and diabetes in our younger generations this is a step in the wrong direction. I implore the government to again look at this decision. I call on the parliamentary secretary to go into bat for the young people in our community who use these facilities, particularly the one at Seaforth. With those few words, I implore the government to reverse this desperately wrong decision.

Trinity Beach State School Mr WETTENHALL (Barron River—ALP) (9.43 pm): This week some parents and students from Trinity Beach State School attended the parliament to show their concern about the maintenance of school facilities and to express their concern that future population growth in the northern beach suburbs of Cairns city need to be taken into account in planning for future facilities at the school. I welcomed them to the parliament and made arrangements for them to meet with the Premier, who listened carefully to their concerns. This same group of parents also organised a student strike outside the school a couple of weeks ago, which I also attended and addressed. As much as this small group of people would like to believe that staging protest actions and media stunts has gained the government’s attention, the reality is that I have been working to improve school facilities long before they embarked on their campaign. Last year, I inspected the school and formed the view that there was maintenance required. I arranged for Education Queensland district officers to inspect the school and, as a result, additional funds in excess of $80,000 were made available to rectify faults. 1118 Attendance 16 Apr 2008

Some of the items that were supposed to be fixed before the end of the year were not because of bad weather and because Q-Build workers were assigned to deal with the flood emergency in the Emerald district. I think everyone would understand that that redeployment of resources was fair enough. Earlier this year, I again visited the school and it was clear that further maintenance work was required. I have brought both the minister for education, Rod Welford, and his parliamentary secretary, Bonny Barry, to inspect the school and meet staff and parents. Following further representations that I have made, an extra $40,000 has been recently allocated to rectify faults and bring forward planned painting works. These measures have brought and will bring significant improvements to the facilities and appearance of the school. The minister and the Premier have undertaken to analyse the adequacy of maintenance arrangements at the school and ensure that up-to-date data is available to position the school to accommodate increased enrolments, with new facilities if required. I share the aspirations of parents to have their children educated at state schools with first-class modern facilities like those that have been built at two new schools at Kuranda and Redlynch in my electorate. I too would like to see older and outdated classrooms replaced and new facilities constructed. As well as playing my part in making the case to the government for these things to happen, I have also offered to advise the P&C at Trinity Beach State School on the range of grants that can be accessed to augment Education Queensland funding so that their aspirations can be realised sooner. Just as this group of parents say that they only want what other schools have, the school community and the P&C need to support the school and apply for grants just like all the other P&Cs do in my electorate and in every other electorate around the state. I will continue to monitor maintenance at Trinity Beach and other schools in my electorate that service my constituents. I will continue to work constructively with all school P&Cs in our common objective to get the best possible education for our kids in state schools. Question put—That the House do now adjourn. Motion agreed to. The House adjourned at 9.47 pm.

ATTENDANCE Attwood, Barry, Bligh, Bombolas, Boyle, Choi, Copeland, Cripps, Croft, Cunningham, Darling, Dempsey, Dickson, Elmes, English, Fenlon, Finn, Flegg, Foley, Fraser, Gibson, Grace, Gray, Hayward, Hinchliffe, Hobbs, Hoolihan, Hopper, Horan, Jarratt, Johnson, Jones, Keech, Kiernan, Knuth, Langbroek, Lawlor, Lee Long, Lee, Lingard, Lucas, McArdle, McNamara, Male, Malone, Menkens, Messenger, Mickel, Miller, Moorhead, Mulherin, Nelson-Carr, Nicholls, Nolan, O’Brien, Palaszczuk, Pitt, Pratt, Purcell, Reeves, Reilly, Reynolds, Rickuss, Roberts, Robertson, Schwarten, Scott, Seeney, Shine, Simpson, Smith, Spence, Springborg, Stevens, Stone, Struthers, Stuckey, Sullivan, van Litsenburg, Wallace, Weightman, Welford, Wellington, Wells, Wendt, Wettenhall, Wilson