PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Tuesday, 16 August 2011 (Extract from book 11)

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

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AO, QC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP

Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP

Treasurer...... The Hon. K. A. Wells, MP

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

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

Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC

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

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

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

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

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

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

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

Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP

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

Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP

Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP

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

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

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

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

Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary...... Mr D. J. Hodgett, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulus and Mr Walsh.

Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.

Joint committees

Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.

Heads of parliamentary departments

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

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulus, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS

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

1 Resigned 21 December 2010 2 Elected 19 February 2011

CONTENTS

TUESDAY, 16 AUGUST 2011 Agriculture: exit grants...... 2560 Country Women’s Association: Ballarat ASSISTANT CLERKS...... 2507 fundraising dinner ...... 2561 CONDOLENCES Israel: Melbourne protests ...... 2561 Hon. Allan Clyde Holding...... 2507 National Homeless Persons Week...... 2561 Boating: waterway maintenance...... 2562 NORWAY: MASSACRES...... 2529 Edithvale Primary School: art show ...... 2562 DISTINGUISHED VISITORS...... 2529 ADJOURNMENT QUESTIONS WITHOUT NOTICE Roads: truck action plan...... 2562 Greyhound Racing Victoria: former chair.....2533, 2536 Mountain Highway–High Street–Valentine China: trade ...... 2533 Street, Bayswater: traffic lights...... 2563 Floods: government assistance...... 2535 Hallam Road, Hampton Park: pedestrian Economy: government initiatives ...... 2537 crossing...... 2563 Planning: green wedge logical inclusions...... 2538, 2539 Arts Mildura: event marketing ...... 2564 Public holidays: regional and rural Victoria...... 2538 Planning: government policy ...... 2564 Libraries: funding ...... 2540 Planning: Highett open space ...... 2565 COMMERCIAL ARBITRATION BILL 2011 Buses: Kinglake service...... 2565 Introduction and first reading...... 2540 Bushfires: native vegetation clearance ...... 2566 PARLIAMENTARY SALARIES AND Foster Street, Dandenong: traders...... 2567 SUPERANNUATION FURTHER AMENDMENT Environment: Blackburn site...... 2567 BILL 2011 Responses...... 2568 Introduction and first reading...... 2541 RESOURCES LEGISLATION AMENDMENT BILL 2011 Introduction and first reading...... 2541 NOTICES OF MOTION...... 2541 PETITIONS Greensborough College: funding ...... 2541 Electricity: smart meters...... 2541 Bair Street, Leongatha: traffic management...... 2542 Fishing: Arch Rock and Point Smythe...... 2542 Torquay-Jan Juc: plastic bags...... 2542 Roads: truck action plan...... 2542 Bayside P–12 College: facilities...... 2542 Maltese Association of Hobsons Bay: car parking ...... 2542 Churinga Employment Support Services: future...... 2543 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Alert Digest No. 8...... 2543 DOCUMENTS ...... 2543 GOVERNOR’S SPEECH Address-in-reply...... 2545 ROYAL ASSENT...... 2545 APPROPRIATION MESSAGES ...... 2545 PARLIAMENTARY PRIVILEGE Complaint: misleading the house ...... 2545 BUSINESS OF THE HOUSE Program ...... 2554 MEMBERS STATEMENTS Cadel Evans...... 2558 Planning: Attwood green wedge...... 2559 Tourism: Gold Trail...... 2559 Bonegilla Migrant Experience...... 2559 Health: Eltham community survey ...... 2559 Australian Labor Party: election tactics ...... 2560 Country Fire Authority: Werribee brigade ...... 2560

ASSISTANT CLERKS

Tuesday, 16 August 2011 ASSEMBLY 2507

Tuesday, 16 August 2011 firm Clyde Holding and Co., which later he established in partnership as Holding, Ryan and Redlich, which The SPEAKER (Hon. Ken Smith) took the chair at went on to become Holding Redlich. It is still one of the 2.04 p.m. and read the prayer. significant legal firms in Victoria today and has also expanded interstate. The SPEAKER — Order! I welcome all members back from their break, and I hope they relaxed a little Clyde maintained his links with the University of over the time. Melbourne after completing his studies, serving on the university council for many years, and his interest in education is further illustrated by the fact that he was ASSISTANT CLERKS also a member of the Collingwood Girls High School Council. The SPEAKER — Order! Under section 18 of the Parliamentary Administration Act 2005 the Clerk of the In May 1962, Clyde Holding won a by-election for the Legislative Assembly has appointed Ms Anne Sargent seat of Richmond — a seat he went on to hold to be Assistant Clerk Committees and Ms Bridget successfully for the next 15 years. He moved from Noonan to be Assistant Clerk Procedure and Hawthorn to his seat and he committed that Victorian Serjeant-at-Arms. sin of changing football clubs in the process. We were reminded today that he switched from Hawthorn to Collingwood — I guess everything can be forgiven. He CONDOLENCES was a hardworking and successful parliamentarian and quickly rose through the ranks of his party, becoming Hon. Allan Clyde Holding state parliamentary leader in May 1967 and therefore Mr BAILLIEU (Premier) — I move: leader of the state opposition, and he held that position for 10 years. If my brief research is correct, he was one That this house expresses its sincere sorrow at the death of the of the longest serving opposition leaders in Victoria’s Honourable Allan Clyde Holding and places on record its history. acknowledgement of the valuable services rendered by him to the Parliament and the people of Victoria as member of the The vagaries of politics sometimes mean that talented Legislative Assembly for the electoral district of Richmond from 1962 to 1977 and Leader of the Opposition from 1967 individuals never get the chance to serve in to 1977, and also to Australia as member of the House of government. In the state sense that was the case for Representatives for the division of Melbourne Ports from Clyde Holding. His term as state leader is characterised 1977 to 1998 and a minister of the Crown from 1983 to 1990. by the hard work he did to consolidate his party, but he Allan Clyde Holding died on 31 July 2011 at did not meet with electoral success. Clyde instead Castlemaine after a very long illness. Clyde Holding decided to turn to the federal sphere and contested the was a very significant figure in political life in this state, seat of Melbourne Ports at the 1977 election. He was and indeed nationally, and we honour him today, and successful and went on to be returned to the federal that is appropriate. Parliament at seven subsequent elections before retiring before the 1998 poll. Clyde Holding was born in Pine Street, Hawthorn, on 27 April 1931 — I know the area well — and was When the Hawke government was elected in March educated at Hawthorn West Central School, a proud 1983 Clyde Holding joined the ministry and asked for school more than 150 years old that has a string of the challenging portfolio of Aboriginal affairs. During distinguished alumni. He then won a scholarship to his time as minister he was proud to hand Uluru back to Trinity Grammar School. He matriculated part time its traditional owners and equally proud to have while working, and then attended the University of supported the appointment of the first indigenous Melbourne, from which he graduated with a Bachelor Australian to head a federal department, Charles of Laws degree in 1955. Perkins. As we heard today at the service at the National Gallery, he was also proud of his role in Clyde joined the ALP in 1949. He cut his political teeth protecting Kakadu, in relation to Wave Hill Station, while at university, joining the Melbourne University Shelburne Bay, the repatriation of Aboriginal artefacts Labor Club and becoming its president. As one of his and belongings from the UK, and of course his intimate close friends said today, his was a name to be feared on role in the Mabo case and the development of native campus. He became secretary of the Young Labor title in this country. Association in Victoria in 1955. After graduating he commenced work as a solicitor and in 1957 founded the

CONDOLENCES

2508 ASSEMBLY Tuesday, 16 August 2011

He went on to hold a number of other portfolios in the On behalf of the government I extend our condolences federal government, including employment services to his first wife, Margaret; his widow, Judy; and to and youth affairs, and transport and communications Clyde’s four children, Peter, Dan, Jenny and Isabella. support, and he served in cabinet as minister for We convey to them our deepest sympathy. No doubt immigration, local government and ethnic affairs. His they are grieving the loss of a husband and a father, but last portfolio was as federal Minister for the Arts and they can take comfort from knowing that Clyde Territories, so it is fitting that his state service was held Holding made a very significant contribution in his today in the Great Hall of the National Gallery of parliamentary service to his state, his nation, his Victoria, and it was a very special service. electorate and his community over some 36 years. It is an extraordinary achievement, and we rightly reflect on As arts minister he was a strong supporter of the it today and honour the man and his memory. development of the National Film and Sound Archive and of plans for a national museum of Australia, and he Mr ANDREWS (Leader of the Opposition) — It is was integral in the establishment of the Film Finance with great sadness that I join the Premier in this Corporation. During his tenure he appointed Betty condolence motion for the Honourable Clyde Holding. Churcher as director of the National Gallery of Clyde was a true servant of the Australian Labor Party, Australia, which was an inspired appointment. He had a his local community and indeed the people of our close involvement with the development of the national nation. Many of my colleagues will speak today to library. remember Clyde’s life and to honour the contribution he made. Some I am sure, such as my good friend the After leaving the ministry Clyde served on the member for Richmond, will speak about some of the backbench in the House of Representatives for another Tammany Hall politics that defined Richmond during eight years, speaking passionately on issues he felt Clyde’s time and certainly before Clyde’s time. Others strongly about, particularly in the area of human rights. will talk about his role in the law. Still others will talk He was also prominent as chairman of the about the many different ways in which he made Australia-Israel Friendship Group from 1990 to 1995, Victoria and indeed Australia a better, stronger and reflecting his lifelong interest in Israel and the Jewish fairer place. In the brief time I have this afternoon I community in his home state, and he is held, quite want to try to sum up his contribution to our party and rightly, in very high regard in the Jewish community. to our state and our nation.

It is said that Clyde Holding was as comfortable sitting I want to say, as did the Premier, just how moving a down in the red dirt of Central Australia as he was tribute we were able to share in today. You were there attending a concert or performance in the finest of our as well, Speaker, and it was a true Labor show. It was a concert halls. Clyde Holding had a strong sense of duty great send-off and a really important celebration of an and service and the principle of lifting up those who important figure — a big space, a very big life. It was a society might have otherwise ill served. As the federal really important way for all of us to come together to minister for local government he was intimately celebrate such an amazing contribution. For some of us involved in the establishment of self-government in the who are a little younger it is sometimes hard to fully Australian Capital Territory. appreciate the magnitude of much of Clyde’s work, given that in terms of the Labor Party and the politics of When he retired at the age of 67 he had served 36 years our state, the politics of his time were so manifestly in Australian parliaments, state and federal. That is an different to many of the challenges we face — but I will extraordinary record, as was recorded today at his come back to that in just a moment. funeral in contributions from the indigenous community, from friends, from former staff, from As I said, Clyde was a true servant of the Labor Party, parliamentary colleagues, from former Prime Minister his local constituencies, both in this place and in the Paul Keating, and indeed from the current Prime federal Parliament, and also the people of our nation. Minister, Julia Gillard. He had a very strong circle of He was a person of strongly held beliefs, of integrity friends and was held in extremely high regard in the and of real commitment; someone who saw public community. As the Prime Minister said today, he had office as a calling and as a noble and important an unwavering spirit. I think that most appropriately profession. Above all, Clyde Holding was a leader who sums up Clyde Holding. She also said he was a faithful championed fairness. His compass throughout a long servant of his party and of the community, and likewise and distinguished career was a better deal for the that is appropriate. underdog, a championing of those less fortunate. The cause of fairness and decency were what motivated

CONDOLENCES

Tuesday, 16 August 2011 ASSEMBLY 2509 him, what drove him and on many occasions what was a real case in point. He demonstrated outside made him angry. Pentridge and was arrested; it was an issue and a campaign that deeply affected him. It was a campaign After studying law at the University of Melbourne and that he and others led, and it is fair to say it was a establishing the forerunner to the law firm Holding campaign that left its mark on those individuals for Redlich, Clyde entered this place as the member for many years to come. The clarity and consistency with Richmond in 1962 aged just 31. His first speech in this which he campaigned in that matter and for that cause chamber is telling. Clyde spoke with passion about is a true sign of all that he stood for. unemployment in his local electorate and across Victoria and about the need for greater access to public The conviction that Clyde Holding so often housing, and then he spoke with pride of the Labor demonstrated often came at a cost. His support for state tradition and the party’s values — values that he always aid and the subsequent shameless undermining of him stayed true to and values he carried forward later as and his very real prospects of electoral victory in 1970 leader of the parliamentary party. by an out-of-touch and moribund state executive is yet another case in point of the price he paid personally and As I said a moment ago, to understand Clyde and all politically for his principled stands in many different that he contributed to democracy in our state one needs areas. to try to understand the times in which he operated. The 1955 split and the election defeats that followed for After 15 years in state Parliament, including 10 as state nearly 30 years were very dark days for Labor. Labor leader, Clyde was elected to the federal seat of However, with passion and hard work Clyde stayed Melbourne Ports. It was in the federal Parliament that true and provided strong and principled leadership not he would have the opportunity to deliver the fairness he only in the parliament and parliamentary party but was so passionate about. Labor’s victory in 1983 saw outside too as a champion of party reform — reform Clyde join the first Hawke ministry and secure his that without any shadow of a doubt underwrote and portfolio of choice, Aboriginal affairs. As was noted made possible the electoral success that was to come in today — and I am sure has been noted since his 1972, most certainly in 1982 and, through Victoria’s passing — the fact that Clyde sought this most role, in the federal victory in 1983. challenging of portfolios says a lot about him as a person and as a leader. Upon becoming party leader in 1967 Clyde was asked by a reporter writing a profile piece in the Age who had Clyde thrived in this portfolio, earning the respect of influenced him — who had affected him in his career in indigenous leadership and driving important reform. politics. He answered, ‘Ben Chifley, Doc Evatt and Jim The politics of the day denied him his vision of a Cairns’. The reporter then noted that these three were national land rights framework, but he advanced the all politicians. Clyde’s answer was as much a cause of reconciliation and self-determination for commentary on himself as the three Labor figures he Aboriginal Australians in meaningful and important had cited. ‘No, they’re all much more than that’, he ways. He was not simply a good administrator in this said, ‘They’re men who had the guts to stand up for an portfolio; he was passionately committed to addressing unpopular idea and cop all the venom and abuse to disadvantage and injustice, and he pursued this agenda follow’. That is what Clyde Holding said in answer to with skill, with courage and with that ruthlessness he that question. was sometimes famous for. Clyde has been remembered since his passing for appointing Charles Clyde Holding was much more than simply a politician. Perkins, for handing back Uluru to the Mutitjulu people He was a skilled strategist and tactician and a gifted and for driving improvements in social services for stump orator, which we heard so much about today. He indigenous Australians. was a real practitioner of politics, if you like, with a ruthlessness to match, but he was less a salesman and Those achievements are all important and noteworthy, more an exponent of firmly held beliefs. He was a and it is right that we praise him for those person of conviction and clarity. achievements, but for me his most important achievement was a little more subtle. It came with the As we heard so many times today from many different lifting of the profile of land rights; that was his true people, you knew where you stood with Clyde Holding. lasting legacy. The Mabo and Wik judgements and the That was the mark of this quite amazing man. He was resultant legislation were the culmination of the someone who despised injustice and was determined to momentum he so deftly crafted. It was not his victory address it. Clyde’s strident opposition to capital or something that he could achieve, but the momentum punishment and the hanging of Ronald Ryan in 1967

CONDOLENCES

2510 ASSEMBLY Tuesday, 16 August 2011 that saw those reforms being made belonged to him. I campaign for fairness is revered and his legacy is am sure that is something he was very proud of. enduring. We are all stronger for his leadership and saddened by his loss. I say farewell to a true giant of the Clyde later served in a number of other important Victorian branch. portfolios, joining cabinet after the 1987 election. He is often singled out for praise for his time as arts minister Mr RYAN (Minister for Police and Emergency where his own passion for the arts flourished, as did Services) — I join with the Premier, the Leader of the Australia’s arts sector. We heard today at the memorial Opposition and other members in this place in this service many examples of what that passion and hard mark of honour to the life, times and memory of Clyde work did for those in our arts sector. Between 1990 and Holding. Mr Holding was a solicitor by profession, but his retirement in 1998 Clyde served on the backbench he moved on to contribute almost 36 years in total to and championed many causes, including chairing the the Parliament of Victoria and the federal parliament. Inter-Parliamentary Union’s Committee on Human He had 15 years in the Victorian Parliament as the Rights of Parliamentarians. member for Richmond. For 10 of those years he was Leader of the Opposition. With the very greatest respect I want to finish by commenting on Clyde’s most to the current Leader of the Opposition and the past important work — the most important contribution that Leader of the Opposition, it is perhaps the most difficult Clyde Holding made. Clyde Holding was a local gig in politics. He led the Labor Party in that time to member without peer, someone who was always in four elections — a challenging task by any standard. touch and always concerned with the local issues that For 21 years he served in the federal Parliament as the mean so much to constituents. He understood his patch. member for Melbourne Ports. He served 7 of those He was available and committed, and most of all he years as a minister of the Crown. was a champion for each and every constituent and community within his electorate. For instance Clyde’s I did not know Mr Holding well — I met him in unwavering support of the Jewish community earnt him passing — but as I am sure is the case with many other respect and accolade. It is just one example of a members, I have read the material that has been politician who rose to lead his party and then later serve published in many forms on this the occasion of in the cabinet of the commonwealth and who, despite Mr Holding’s death. I will leave the anecdotes about such high office, never forgot where he came from. He this gentleman to those who knew him best — they will never forgot that as a local member he had the power to tell them from a perspective of firsthand experience. help and that he had the power and position to improve Indeed I have a particular interest in the impending people’s lives. Many of the most glowing tributes to comments from the member for Richmond. Clyde Holding have come from the many groups and individuals he supported as truly their local member. By any standard Clyde Holding was a colourful character. He had a lively turn of phrase, which I gather Before I conclude I will make one final point in relation was just as colourful. He was a passionate and to the times that Clyde Holding faced. It is very difficult committed man. Social justice was his absolute for those of us born after the federal intervention in the benchmark. He was a man who loved the underdog; he Victorian branch of the Australian Labor Party to did everything he could at every turn to protect the conceive of the challenges and difficulties faced by rights of those in a position of need. He protested at the Mr Holding and those who were interested in Labor hanging of Ronald Ryan. It is ironic that he was being a party of government. They were truly manifest arrested at that time. He was charged and acquitted, and challenges. ‘Stalinist excess’, ‘irrelevance’ and I gather that he did it all with some aplomb. He ‘ultimate unelectability’ are terms we could perhaps use eventually stood aside as Leader of the Opposition in to describe the state executive that Mr Holding had to Victoria in order to pursue a career at a federal level. work with. The fact that he was able to overcome those The material indicates he was a ferocious debater and institutional barriers to provide principled leadership very talented on the floor of the house. As I have said, that reformed our party and was to underscore and he served as a minister in the federal Parliament for underpin great victories and great periods of Labor in some seven years. I see in the documentation that he office is a lasting legacy of this man. Despite our youth was preselected on 6 November 1977 for the seat of each of us is in awe of that legacy and that contribution. Melbourne Ports on the same day that Barry Jones was preselected for the seat of Lalor. On behalf of the Victorian parliamentary Labor Party I offer my sincere condolences to Clyde’s family at this He championed Aboriginal affairs, and as the Premier difficult time. I hope they can take some comfort from and the Leader of the Opposition have indicated, that the fact that his contribution is acclaimed, his consistent was a portent of things to come, not only because of

CONDOLENCES

Tuesday, 16 August 2011 ASSEMBLY 2511 what he did in his own right but also, as the Leader of Others have reflected on Clyde’s record as a federal the Opposition has indicated, for his elevation of this member and particularly his lasting achievements as issue to the status of one of those great issues — an Minister for Aboriginal Affairs and Minister for the issue that was to take its place and rightful position in Arts. However, I wish to bring a more local perspective the Australian nation. by reflecting on Clyde’s time as the member for Richmond in this place and his significance in the true I gather Clyde Holding engaged with relish in the rough Labor tradition. Clyde served for 15 years as the and tumble of this place. Perhaps that was in keeping member for Richmond, a crucible that formed the basis with his Irish background. He loved the Labor Party, of his successes in the state and federal parliaments. He and that is evident from the speech he made in 1962. As has left an extraordinary legacy. I read that speech it seemed to me that it reflected much about this man and the contribution he made not only to I am grateful for the assistance of many former his party but also to the people of Victoria. He talked members of Parliament, staff and party comrades from about housing affordability and the difficulty young the Richmond area who willingly provided me with people had in 1962 in being able to get their own home. their time, insights and vignettes about Clyde, some of He talked about young people and their various which I will talk about today. interests and the things that were a challenge for them. He spoke about unemployment and the challenges it Mr Baillieu — Just some. offered to the people who were caught in that sort of circumstance. He spoke of industrial safety issues. He Mr WYNNE — Just some. Clyde was a reformer spoke of long service leave entitlements as he saw them with a lifelong concern for the underprivileged. He properly defined, particularly for those working in the lived a life committed to humanitarianism, social justice meat industry. Accordingly, when you have regard to and delivering a fairer deal for those who most needed the voluminous material that has been produced upon the support of government. Clyde had many roles the passing of Clyde Holding you see that he was throughout his long career — progressive legal activist, indeed a great Victorian who made a wonderful party reformer and moderniser, Labor leader, senior contribution to our community as well as to the party he minister in the federal government and elder statesman served so faithfully for so long. of the Labor movement. But Clyde was also a far broader figure than any mere summary of his Finally, it is evident in all this material is an issue that involvement in Labor politics might suggest. Clyde was the Leader of the Opposition also referred to, and that is a warm and engaging man, comfortable with people that our first responsibility as members in this place is from all walks of life. He was a broad and urbane to the people who send us here as their elected character with a lifelong interest in the arts at a time representatives, and Clyde Holding was unfailing as the when this was not the mould from which most Labor representative of their respective causes. I also join with politicians were cast. the Premier and the Leader of the Opposition in conveying my condolences to the family of Clyde He joined the Australian Labor Party at the age of 17 Holding. and became president of the Melbourne University ALP club where he met future Labor luminaries Mr WYNNE (Richmond) — As the member for including Barry Jones and John Button. As Young Richmond I rise to speak on this condolence motion for Labor president at the time of the split he threw himself the late Clyde Holding. A number of us have come this into the electoral battle in the Democratic Labor Party’s morning from a magnificent celebration of Clyde’s life heartland in the Richmond-based seat of Yarra. The at the National Gallery of Victoria. The Premier, the ALP candidate, an economic historian from Melbourne Leader of the Opposition, yourself, Speaker, and many University named Jim Cairns, was taking on the members of this Parliament and our caucus were incumbent grouper, Stan Keon, a man once regarded as privileged to attend. The event was replete, with the a potential future Labor minister. Cairns won the Prime Minister of Australia, Julia Gillard, two former election, but as John Button recalled in his memoir, As prime ministers — Mr Hawke and Mr Keating — and It Happened, the campaign was incredibly bitter, many members of Labor cabinets and caucuses past complete with fistfights between the rival Labor Party and present at both state and federal levels in campaign workers at polling booths, with the most attendance. All came to acknowledge the extraordinary famous blue being between Norm Gallagher and one of contribution Clyde Holding made over 36 years of the DLP people handing out cards at the polling booth. public service. This was a legendary fistfight which lasted 15 minutes, until both were so exhausted they fell over.

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While growing his legal practice, over the next plus 10 years — ‘so you couldn’t have been at that six years Clyde served as campaign secretary for Jim conference’. Tom replied, ‘No, Bill, I was expelled Cairns, before being endorsed as the Labor candidate from the Victorian branch, but I always maintained my for Richmond in the lead-up to the 1962 state election, ticket in New South Wales’. Of course, as we all know, Richmond being a seat previously won by the the Viney name lives on in this Parliament through our Democratic Labor Party and held for one term after the colleague in the other place, a member for Eastern split. Clyde won in Richmond and quickly set about Victoria Region, Matt Viney. making his mark in Parliament. However, the local politics of the inner city were still marked by the It was in this environment that Clyde established bitterness and violence of the split. himself as the Labor member for Richmond, a one-time DLP stronghold. His seat covered three local council Dinny Lovegrove, who was Clyde’s neighbouring MP areas — Fitzroy, Collingwood and Richmond — all of as the member for Fitzroy, was himself a staunch which were home to febrile local politics. To navigate anti-communist Labor activist prior to the split. his way through this environment while maintaining a However, Lovegrove chose to remain loyal to the ALP relationship with the central executive that had and defeated DLP leader Bill Barry at the 1955 endorsed him as the ALP candidate Clyde needed to Victorian election. Lovegrove was said to have draw on his ability to connect with people from across barricaded the back fence of his house with a concrete the political spectrum. wall adorned with broken glass and barbed wire to protect his family from the threat of violent raids from Despite the difficult environment, his remarkable the local groupers. Such was the heightened ability to relate to all saw him build a strong affinity environment of those days. with his constituents. As the Age wrote when Clyde was elected Labor leader in 1967: One particular incident that occurred in 1962, the year of Clyde’s election, was known as the Oakleigh council … his home in Richmond, the suburb he has lived in most of his life, is nearly always crowded with friends and affair. Two Labor councillors out of six — Crs Tom constituents. His open-house philosophy is so well known in Gilhooley and Bill Viney — were disciplined by the Richmond that he has had to turn the front bedroom into an ALP central executive . Bill Viney at that time had a office. close political relationship with Clyde Holding. Tom and Bill had voted in favour of a £5 book bursary being Even while he was Labor leader his home phone given to the top grade 6 student in each school — this number was listed in the phone book, and his Who’s included Catholic schools — of the Oakleigh Who entry listed his home address. They were certainly municipality to help them transition to secondary different days. school. This was seen by the then central executive as a As we know, politics was played hard in Richmond, breach of the ALP’s anti-state-aid policy. Bill and Tom and the political machines of the Loughnan and argued that as this was a scholarship to the student, it O’Connell dynasties took no prisoners. You were either was not in breach of the policy, which was about with them or you were against them. This brought with government aid to schools, not students. Cr Tom it great loyalty and great enmity, which was often Gilhooley was expelled by the state executive for life played out within families and along sectarian lines and plus 10 years — they fixed him up! inevitably spilt over into the town hall politics of the Mr Baillieu — So he was back the following year? Richmond council. The shenanigans and goings-on at Richmond — the closed shop, the rorting of postal Mr WYNNE — We’re getting to that. Bill Viney ballots and the ghosting of voters — were both resigned from the party in protest at Tom’s expulsion. undemocratic and, frankly, unsustainable, leading A state conference of the party in 1962 resolved that ultimately to Alastair Nicholson’s appointment by the Bill Viney was not to be readmitted to the ALP without Thompson government to lead a commission of the agreement of a future state conference. He did inquiry. It is an enormous report of over 900 pages. If rejoin in the 1980s. Twenty years later Tom Gilhooley anyone is interested in reading about some of the more was dying of cancer and Bill Viney interviewed him on colourful parts of the inner city, it is well worth the tape about his very colourful political life. At one point read. Alastair Nicholson did a fantastic job. I want to Tom was discussing his involvement in a national provide just a brief summary: conference of the ALP in the late 1960s. Bill Richmond was constituted as a municipal district on 24 April interrupted him and said, ‘Tom, I think you are 1855, proclaimed a town on 28 September 1872, and a city on confused there, because by that time you had been l7 February 1882. From its inception it has had a turbulent expelled from the party’ — remember, it was for life political history at a municipal level … at the first election

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there were 17 candidates, and of the 17 the electors proceeded cabinet was 65, and the shadow Treasurer, Arthur to elect only one resident, Mr William Burnley, MLC, who Clarey, had been born in 1897. was also one of the returning officers, and six absentees who included ex-Governor La Trobe, former Colonial Treasurer Lonsdale, and the British Secretary of State, Lord John An honourable member interjected. Russell. Following the election aggrieved residents petitioned the governor to disallow it, alleging, inter alia, the debasement Mr WYNNE — They were different days. of the electors with drink, the fact that Mr Burnley was one of the returning officers, and, significantly enough, the fact that An honourable member interjected. both major groups in the election had resorted to the impersonation of voters. Mr WYNNE — A wealth of experience! Clyde also brought a new energy to Labor’s campaigns. David He went on: White — a former member who is well known in this I regret to say, the evidence before me suggests that little has Parliament — worked for Clyde during his leadership. changed in relation to Richmond council elections in the He recently recalled Clyde’s campaign tours throughout ensuing 146 years. country Victoria, often conducted with an entourage of prominent Labor supporters such as the noted artist Not surprisingly, the council was sacked. Clifton Pugh. The campaign would tour local schools, Clyde was also a master campaigner. My good friend where Clyde would give a talk on politics to the politics Barry Pullen recalls campaigning with Clyde in a class and Clifton Pugh would give a lesson to the art Fitzroy council campaign in the early 1970s and being class. Having heard Clyde’s stump speech countless amazed by Clyde’s local knowledge. He seemed to times, David White and the other staff would attend know everyone, and he had a fearless capacity to take Cliff’s classes instead and receive a free master class. up the debate with anyone who might disagree with the On one such trip to Echuca in the early 1970s, Clifton Labor platform. Pugh discovered a collection of works by a previously unknown Aboriginal artist and brought the artworks In more refined environments such as the Parliament back to Melbourne. The Age reported his discovery on and the floor of the ALP state conference — I am not the front page. This led to some embarrassment when it sure how refined the ALP state conference was — turned out that the artworks were being painted, not by Clyde proved a formidable debater and tactician. He a previously undiscovered Aboriginal artist, but by a was, according to Barry Jones, one of the most adroit white man in his garage in Burwood. There are a and effective users of the parliamentary standing orders. million of those yarns! These abilities saw Clyde quickly emerge as an influential member of the Labor caucus, and he was In those days the Victorian Labor Party was in the grip duly elected ALP leader in May 1967, after yet another of a hardline left-wing group associated with state defeat at the hands of Henry Bolte. Aged 36 at the time, secretary Bill Hartley and Victorian Labor president Clyde remains the youngest opposition leader we have George Crawford. Despite his reputation as something had in Victoria. He was elected leader in the shadow of of a social radical and in spite of the fact that he was the Ronald Ryan affair, during which Clyde, along with reliant on its support for endorsement in Richmond, Barry Jones, had been one of the foremost voices in the Holding was a staunch opponent of the left’s control of community speaking against the death penalty and, as the state executive and marked himself out as a the Leader of the Opposition has indicated, one of the supporter of the modernising agenda associated with leaders of the protest at Pentridge prison on the day of the participants group and moderate Labor figures Ryan’s hanging in 1967. associated with Bob Hawke. Holding was a victim of Hartley’s mendacity during the 1970 Victorian election, As Labor leader, Clyde was a modernising figure. which he contested on a platform in favour of Gough During the 1960s he had been an early voice within Whitlam’s policy of providing state aid to independent Labor in favour of recognising Australia’s indigenous schools. Hartley and Crawford issued a statement one people and in favour of needs-based state aid for week out from the election repudiating Holding’s independent schools, but he was working with a position and declaring that the Victorian Labor Victorian Labor Party that was at best sclerotic. This government would not support state aid. This destroyed was demonstrated almost immediately when Clyde Holding’s chances at the election and in 1971 led to the shook up the state party by appointing Victoria’s first intervention in the Victorian branch by the national shadow cabinet. This innovation required a change to executive to prevent a repeat of such a performance at the constitution of the state parliamentary Labor Party the next federal election. and won Holding early plaudits — until it was noticed that the average age of members of Labor’s shadow

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The clean-out of the Hartley group set the scene for to the federal seat of Melbourne Ports and served as renewal in the Victorian parliamentary caucus, as the Minister for Aboriginal Affairs in the Hawke Leader of the Opposition has said. This was inevitably government between 1983 and 1987. He also held going to be a long and painstaking process. Sadly for many other ministerial positions: he was Minister for Clyde, the parliamentary party would not see the full Employment Services and Youth Affairs in 1987, benefits of this renewal until after his time as leader. Minister Assisting the Treasurer from 1987 to 1988, However, whilst Labor lost the three elections it Minister for Immigration, Local Government and contested under his leadership in the 1970s, the renewal Ethnic Affairs in 1988, Minister for Transport and of the caucus that Clyde fostered at those elections set Communications Support in 1988 and Minister the stage for the successful Labor governments led by Assisting the Prime Minister for Multicultural Affairs John Cain and Joan Kirner. in 1988. He was also a member of many other organisations and committees in Parliament. This is demonstrated by the list of future cabinet ministers who joined the Labor caucus at those I believe Clyde Holding made his mark and his most elections; names like John Cain, Rob Fordham, Tom important contribution to this state, to the nation and to Roper, David White and Steve Crabb, many of whom his community as Aboriginal affairs minister in the attended the memorial service today. This is one of commonwealth government. As the Victorian Minister Clyde Holding’s enduring legacies to both the Victorian for Aboriginal Affairs I pay tribute to the work that he Labor Party and indeed to democracy in our state. By did with Aboriginal activists and Aboriginal people breaking the back of the cabal that ran the party and across the nation. democratising Labor, Clyde set the scene for the election of the Whitlam government in 1972, and the In researching this contribution I learnt a lot about reforms he put in place led to the election of a Labor Clyde’s contribution to Aboriginal people. In a speech government in 1982 after 27 years of conservative rule. to the House of Representatives on 8 December 1983 Clyde Holding outlined the government’s policies on I join the house in paying tribute to Clyde Holding and Aboriginal affairs. He listed consultation and express my condolences to his family, particularly his self-determination as the two key principles on which son, Peter, whom I know well and have worked with. the commonwealth government would base its Peter is a comrade in the truest sense of the word, and approach to achieving further progress for the he especially has my sympathy at this difficult time. Aboriginal and Torres Strait Islander people. The statement also reaffirmed his government’s intention to Mrs POWELL (Minister for Aboriginal Affairs) — legislate for national uniform land rights. In 1984 the I am pleased to join the Premier, the Leader of the Hawke government released its preferred national land Opposition, the Leader of The Nationals and the rights model. That government received member for Richmond in this condolence motion for 260 submissions from interested parties across the Allan Clyde Holding. He was a respected member of nation. The government endorsed the principles Parliament who served for 36 years in both the federal contained in the national land rights model. I am sure and Victorian Parliaments. He was a committed and Clyde would have been very disappointed when former passionate local member, particularly for those most Prime Minister Hawke dropped the proposal in 1986. vulnerable in his electorate. Sadly, Clyde passed away on 31 July at the age of 80 years. In 1985 under Clyde Holding’s leadership and guidance the deed of grant to Uluru national park was delivered Clyde Holding was born on 27 April 1931 in to the Uluru-Kata Tjuta Aboriginal Land Trust under Melbourne. He became an advocate for human rights as the Aboriginal Land Rights (Northern Territory) Act a solicitor and also as a member of Parliament. Clyde 1976. The traditional owners then leased the park back joined the Labor Party in 1949 and took on various to the Australian National Parks and Wildlife Service leadership positions within it. He was a person with a for 99 years, with the majority of the park’s board of strong social conscience. As a lawyer in the 1950s management members being Aboriginal people. I Clyde campaigned strongly against the death penalty, believe the crowning achievement of Clyde’s career — and later he became a strong campaigner for Aboriginal and I know there were many — and the one that will rights. form his legacy to Aboriginal and Torres Strait Islander people was the handing back of Uluru to the traditional Clyde Holding was elected to the Victorian Parliament owners. in May 1962; he served as the member for Richmond until his resignation in 1977. He also served 10 years as However, Clyde Holding did much more than that. He opposition leader. In 1977 Clyde Holding was elected was instrumental in securing the passage of legislation

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Tuesday, 16 August 2011 ASSEMBLY 2515 by the federal Parliament recognising the land rights of In fact, as the member for Richmond said, it was people the communities at Wreck Bay in the Australian Capital like Clyde Holding and Jack Galbally who precipitated Territory and Framlingham and Lake Condah in the federal intervention that allowed Labor to ultimately Victoria. The commonwealth passed the Aboriginal become electable. It was Clyde Holding who helped to Land (Lake Condah and Framlingham Forest) Act 1987 modernise the Labor Party and make it respectable in in response to a request from the Victorian government Victoria, which led to Paul Keating today making the at that time. The act vested ownership of 53 hectares of observation to the current Premier that, while he has land at Lake Condah and 1130 hectares of land in the government for the moment, Labor will be back to take Framlingham Forest to the local Aboriginal groups so it away from him. As Clyde himself might say, ‘We’re that they could hold and manage that land. I recently coming after you, Premier’. All of us who have served visited Lake Condah, and I know the unique place that in a Labor government owe Clyde a great debt, and he it is. The Gunditjmara people are now seeking to have has a share in the many successes of those Budj Bim given world heritage status. The Victorian governments. government has given some funding to support them in getting the information and data they need to be able to There are many recurring themes in the political life of do that. The stone houses and eel traps there are Clyde Holding. As we have heard, he was tough, historic, and we need to remember their place in our resourceful, a fighter and passionate. He worked hard history. Clyde Holding understood the connection to not only to get himself through school and university this place of the Aboriginal people. but to help establish one of the great law firms in this state and in this country — Holding, Ryan and Redlich, Clyde Holding also appointed the first indigenous head as it was then. In politics Clyde was one of the most of the former federal Department of Aboriginal Affairs, proficient headkickers in the business. He fought Mr Charles Perkins, who was a very well respected tirelessly, as I said, to modernise the Labor Party, indigenous leader right across the nation and beyond. because he believed, as we do, that the Labor Party was Clyde Holding will also be remembered as a good local and is the party of social justice and that to bring about member, and many of the speakers here today have change for the better it had to be ready and willing to talked about his interest in the vulnerable and those govern. It was not easy. It consumed some 10 years of who were at risk. As a good local member he cared his political life as Leader of the Opposition, but when about his community and he was always prepared to he left the job, on his own terms I might say, he had listen. I think we will hear many stories, and we have made it easier — perhaps it might be better to say that already heard stories, about what a good local member he had made it less difficult — for those who came he was and how the community will always remember after him to continue the internal reforms and policy him. Hopefully that will be his legacy. But I believe his development that ultimately led to the election of the legacy will also be to the Aboriginal people — to the Cain government. land rights and social rights of the Aboriginal people. I pass on my sincere condolences to Clyde’s family and Clyde’s work helped to bring about the change in friends, and I hope that they take some comfort in his culture within the Labor Party that has produced good legacy to his community, to local government and to governments and strong oppositions determined to fight the Aboriginal community. for the privilege to govern, to help hold governments to account and, when elected, to invest in jobs, in Mr HULLS (Niddrie) — It is a privilege to speak education and in health, to fight poverty and today on the condolence motion for Clyde Holding. disadvantage, to stand up for what is right, even when it Today’s memorial service was a remembrance service is not popular, and of course to govern for all. but also a celebration of a great life. Without people like Clyde Holding I would not have had the privilege I had the privilege of working with Clyde after he went of serving as Attorney-General in the Bracks and on to become a federal member of Parliament and to Brumby governments, and without people like Clyde I serve as a minister in a range of portfolios, most notably would not have had the privilege of serving as the Aboriginal affairs, as we have heard. We shared a member for Kennedy in the Hawke and Keating passion for tackling Aboriginal disadvantage in all its governments. Without people like Clyde Holding we forms. He was a very strong supporter, as we have may have never had — who knows? — the Whitlam heard, of Aboriginal land rights. As the Leader of the government, the Cain government and the Hawke and Opposition and the Premier have said, he actually asked Keating governments, because it was the likes of Clyde for the Aboriginal affairs portfolio. It was not an easy or Holding who did the really hard yards and fought the popular portfolio. We all saw the headline at the time fights that had to be fought — and most of those, as we he took over the portfolio, as reported in the Herald have heard, were internal ALP fights. Sun: ‘Clyde primed for blacks job’. That was the sort of

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2516 ASSEMBLY Tuesday, 16 August 2011 society we were living in at that particular stage. It was rowdy, as the member from Richmond said. One of not an easy or popular job, but it was one that he Clyde’s protégés, as I understand it, was Jack wanted because he was absolutely passionate about O’Connell of the famous O’Connell clan in Richmond. addressing Aboriginal disadvantage. They were campaigning on the back of a flatbed truck and Jack asked Clyde, ‘You know how to use this One of his proudest achievements, as we have heard, megaphone, don’t you?’ Clyde said, ‘Yes. I’ve made was the handing back of the freehold title deeds to the speeches before; of course I do. You speak into it very traditional owners of Uluru in 1985, against strong loudly and very clearly’. Jack said, ‘No, that’s not what opposition. He was able to get the Governor-General, the megaphone is for; it is to make sure you whack the Sir Ninian Stephen, to attend the handover. His push at DLP supporters as they come in from behind you!’. He that time for Labor’s policy of national uniform land learnt the lesson the hard way. Perhaps that is why in rights was thwarted, as we know and have heard, May 1967, on the day after he became the youngest thanks to miners, to the New Right and to the Western opposition leader in Victoria’s history, it was reported Australian Premier at the time. I say thwarted rather in an article in the Age that he hoped to see more use of than defeated because those who thought they had TV and other mass media by Labor in its attempts to defeated the push for national uniform land rights get its ideas before the community. It was probably underestimated Clyde Holding. much better than the use of a megaphone at stump speeches in those days. We know that in 1992 the High Court delivered land rights for Aboriginal people via the Mabo decision. In a budget speech in 1962, a contribution that amongst What many may not know, and we heard about it at the other things lamented the lack of action by the service today, is that Clyde had kept an eye on the case government of the day on the economy and jobs, he and, at critical points in the case, approved funding for said: the case to continue, even though the commonwealth was a defendant, such was his passion for land rights I make no apology for saying that I am a proud member of for Aboriginal Australians. As we heard today at the the Victorian branch of the Australian Labor Party. I have attended its conferences and participated in the making of its wonderful memorial service, Clyde and Paul Keating decisions. I believe in its decisions and policies. were well aware that the Mabo decision, as opposed to Clyde’s defeated legislative push, was extremely I think this sums up the man as a true believer. I am significant because via Mabo the common law proud to have known him and worked with him. I am recognised that the doctrine of terra nullius was dead proud to have shared many of his political interests and and that the land had always belonged to traditional passions, and I am proud that he was a member and owners. This had the potential, as Clyde knew, to be leader of the Australian Labor Party. As Marcia more significant than legislation handing back to Langton said today, he was a straight-talking man of indigenous Australians what was already theirs, as set honour. out in the Mabo decision. I conclude by saying that I am also very proud to have There are many stories about Clyde, but one of my worked with Clyde’s son Peter, who, as we heard favourites is about an early but very important lesson he today, was an adviser in the Bracks and Brumby learnt about campaigning and the importance of taking governments. Peter has many of the great attributes of control of the megaphone. Campaigns were very his dad: a commitment to social justice, great different in the 1950s, 1960s and 1970s. Campaigning knowledge and understanding of the power of the law often took place from the back of a flatbed truck. The to change people’s lives for the better and dogged debates were very fierce and willing, which is no doubt determination. I was certainly reminded today, during why Clyde was renowned as one of the best stump the great speech Peter gave, of his father’s style of speakers going around. He was making stump speeches speaking. I want to express my condolences to Peter at a very difficult time for the Labor Party, when the and all of Clyde’s immediate and extended family. He Democratic Labor Party, as we know, had split off and was a great servant of the party, a great servant of the many former members of the Labor Party did what my state and a great servant of this country. father used to describe as the DLP twostep: they went from Labor to the DLP and then over to the Liberal Dr NAPTHINE (Minister for Ports) — I rise to pay Party, and they did not come back to the ALP for many tribute to the life and legacy of Clyde Holding. Clyde years. Holding has a rare distinction in Australian politics: along with very few others, he served as a member of It was a very difficult time. There was a lot of vitriol both the state and federal parliaments. Not only did he around and this meant that campaigns were pretty

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Tuesday, 16 August 2011 ASSEMBLY 2517 serve at both state and federal levels, he served in high immigration, ethnic affairs, the arts and the territories, office in both those parliaments. as well as in a range of other portfolios.

As other speakers have said, he was born in April 1931 I want to refer to a couple of quotes. One concerns in Melbourne, schooled at Hawthorn West Central Clyde Holding’s turn of phrase and succinctness and School and Trinity Grammar and then obtained a getting straight to the point. In the National Times of bachelor of laws from Melbourne University. He 16 May 1986, under the heading, which is somewhat served with distinction in the legal profession and has dubious, ‘Holding his own’, the article says: left a lasting legacy in that profession both as the founder of Clyde Holding and Co. in 1957 and then as a The dust, the life, the gruelling schedules make outback trips hard yakka for Aboriginal affairs minister Clyde Holding. senior partner in Holding, Ryan and Redlich, a firm that Last week’s visit to Daguragu was no exception. has served this community well over many decades. It says further: He entered state Parliament as the member for Richmond in 1962 and served until he retired and He looked more at ease the following day when, wearing his moved to federal Parliament in 1977. In his 15 years in hat as (acting) immigration minister, he stopped over in Alice Springs to do some consulting with American actress Linda state politics he had the honour and distinction of Evans, the star of Dynasty — serving for 10 years as the Leader of the Opposition and, as some of us know, being Leader of the for those who can remember it — Opposition is a tough gig — and you could not have got it much tougher than in the period when Clyde who was in Australia to play the lead in an $8.8 million miniseries, The Last Frontier. Holding was instrumental in Holding was Leader of the Opposition. They were securing a visa for Evans’s personal hairdresser. extremely difficult and challenging years for the Labor Party, and as the party leader he had the onerous burden Conversation was breezy on the set, but in an impromptu photo call Holding appeared edgy standing beside the of leading the Labor Party through those difficult willowy soap star whose neckline was a revelation out there years — through the era of Sir Henry Bolte and Dick in the bush. Holding remarked later, and I quote accurately, ‘I Hamer and facing the issues that have been spoken looked at it very objectively and decided that underneath … about by many members involved in the aftermath of there was a great pair of tits’. the split from the Democratic Labor Party and the Clyde Holding did have a colourful turn of phrase. continuing divisions that split caused within the labour Accuracy was one of his other strengths. movement as well as the controversial matter of state aid to government schools. The job of opposition leader I want also to refer to federal Hansard of 25 June 1998. is difficult enough without divisions in the party, as I refer to the speech made by the then Prime Minister, well we know. John Howard, on the impending retirement of Clyde Holding. He said: He entered federal Parliament in 1977 as member for Melbourne Ports. Melbourne Ports clearly is an area The member for Melbourne Ports has been a great servant of where there has been a strong tradition of a high level his party. of representation from the Labor Party. He took over from Frank Crean, who served that area with He went on to say: distinction, and was obviously part of a Labor dynasty, I remember very well a conversation I had with him as we being the father of Simon Crean. Clyde then served for both walked out the door over there — I think it was in 1991 21 years in the federal Parliament, which makes his … when each of us was reflecting on our years in politics. He total service to state and federal parliaments 36 years, remarked to me then how he had found, despite the fact that he was no longer on the front bench of the then government, a which is an enormous length of time for an MP to great deal of peace and contentment in representing his maintain one’s enthusiasm, one’s passion and one’s constituents. He found a great deal of satisfaction in simply level of service. putting their cause. He thought that there was a place in this Parliament for people who saw their career beyond any While he was a federal member he had the honour of particular office in a party but simply in terms of public serving as a minister, and many would say it was a just service. reward for his service to the Labor Party and the I do not think there is any greater accolade for Clyde community. He served for seven years as a minister Holding, as other members have mentioned, than that across a range of portfolios. Other members have talked first and foremost he was a great community politician, about his service, particularly in the area of Aboriginal a great representative of his electorate, be it Richmond affairs, but he also served with distinction in or Melbourne Ports, and a person who listened to

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2518 ASSEMBLY Tuesday, 16 August 2011 ordinary citizens, listened to the groups and represented family. I want to take this opportunity to recognise that their causes. Clyde’s family sacrificed a lot to allow him to give so much to the Labor Party, to the state of Victoria and to One of the things I remember regarding Clyde Holding this country. I thank them. I know that many from the is that he was hard working. You could not deny that he party and from across the country would also like to was an absolute workaholic when it came to fighting thank them today for the great work of Clyde Holding for the issues he believed in. He was absolutely and in particular for the family support that allowed determined. The fact that he spent so long in Parliament him to contribute so much. I would like to take this fighting for the issues he believed in is a tribute to him. opportunity on behalf of so many to thank Judy and He was committed to true Labor values and to social Isabella, Margaret, Peter, Jenny and Danny, and the justice. I believe he served both federal and state four grandchildren for sharing Clyde with us. Thank parliaments with distinction; he served his electorate you so much. with distinction; he served his community with distinction; and he left a lasting legacy. I pay tribute to Mr WALSH (Minister for Agriculture and Food Clyde Holding and pass on my condolences to his Security) — It is a pleasure to rise to reflect on what is family and friends. an amazing gentleman’s history. It is great to respect those who go before us in this place, and a 36-year Mr MADDEN (Essendon) — I wish to join this career is a remarkable one, particularly when it spans condolence motion for the Honourable Clyde Holding. two parliaments. Listening to the contributions from Thirty-six years in public life is no easy task. You do opposition members it is clear that Clyde Holding’s not put yourself to that sort of challenge unless you was a very celebrated life. It is always fascinating to have great courage and great conviction but most of all hear what has gone before us. We think when we are unless you are a great optimist. Clyde Holding had all here that these are the tough times, but obviously of these qualities. His story is intertwined with the people have had tough times before us as well. history of the Labor Party throughout the second half of last century, and because of that he stands in the As has already been said, Clyde Holding was born on pantheon of Labor greats. 27 April in Melbourne. His father, Robert Stanley, who was a commonwealth police officer, and his mother, Clyde’s great characteristic was that he was prepared to Mavis, were both born in Northern Ireland. As has also try and continue to try when many others believed been said, he was educated at Trinity Grammar and the success was not possible; for example, leading the state University of Melbourne, where he graduated in law. parliamentary Labor Party when the scars of the great Clyde joined the Labor Party as a student and during split had never really healed. He was tasked with the that time was a supporter of the then federal leader, Doc challenge of carrying the party at a time when unity Evatt. When asked about the people who influenced his was desperately needed. career over time Clyde mentioned Doc Evatt, Ben Chifley and Jim Cairns. As has also already been said, He was elected to the House of Representatives in 1977 in 1962, at the age of 31, he entered the Victorian and was instrumental in ensuring that Labor won office Parliament as the member for Richmond in the federally in 1983. It has been said a number of times Assembly and went on to become the opposition leader. today that Clyde could have chosen from several ministerial portfolios but opted for one of the toughest, It is always interesting to read members’ contributions when he chose Aboriginal affairs. Again, he sought out from their early days in Parliament. If you look at the challenge and through his own personal Clyde’s 1962 budget speech, you see that he talked characteristics sought to effect change and reform about the issue of unemployment in his electorate and where it was sometimes deemed by others to be too talked about the issues of housing in Melbourne, both difficult to try, whether that was in the handover of private and public. He particularly talked about the Uluru, the recognition of land rights, his strong support length of time it would take a young couple to save for the visual and performing arts at a time when cuts enough for a deposit on their first home and how from were looming, or self-governance of the Australian the mid-1950s to the early 1960s, when he entered Capital Territory. All of these achievements stand as Parliament, that length of time had grown. He also testament to his hard and fine work. talked about the need at that time for both partners in a marriage to continue to work to save the money for the Thirty-six years of public life does not go unrecognised deposit on their home, and nothing has changed in by one’s family. It is hard enough to return night after relation to that. If anything, it is probably more difficult night, year after year, to Parliament at state or federal now for young families to save up for a deposit on their level, but it is even harder when you have a young home.

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What is very interesting is that he talked about the need that the district of Albert Park sits completely within the for the Victorian government at that time to show some federal electorate of Melbourne Ports, which the late leadership and adopt a policy of three weeks annual Clyde Holding so eminently represented for so many leave. Back then the debate was about moving from years. Clyde Holding’s life was really a life that two weeks annual leave to three weeks annual leave. reflected a proud history of service to the ALP, to the Clyde was a great champion of the workers of that time. parliaments of both Victoria and the commonwealth He also talked at length about the need for long service and to the peoples of both Victoria and Australia. As recognition for those in some industries, particularly we learnt today, he was first and foremost a member of meat workers, who may have worked for a company a loving family, and I note that members of his family for 25 or 30 years but were seasonal workers who were are now in the public gallery. I offer our deep and laid off for a period each year and that meant they did sincere condolences to them for their loss. not qualify for long service leave. Clyde Holding made significant contributions to the If you read some of the quotes of the time, you see that labour movement in the law, in the Parliament of Clyde obviously had an interesting relationship with the Victoria, in the Parliament of the commonwealth and at then Premier, Henry Bolte. He said later: the cabinet table at the federal government level. As others have said, he had a very broad-ranging area of Look, there is no way that Henry Bolte and I would see the interest and influence in public life. I want to confine world the same way. But I admired the personal toughness of the bloke. You could say our personal relationship mellowed myself to perhaps two aspects of that life of service — in later years … that is, his service to the Labor Party and to the community that makes up the district of Albert Park, But he had a far better working relationship with the which itself makes up part of the community of next Premier, Dick Hamer. There was probably a Melbourne Ports. difference in style between Bolte and Hamer at that time. The life and times of Clyde Holding are very much the life and times of the ALP, and they reflect both the If you then look at the contribution Clyde made when worst of times at the start of his career and the best of he moved to the federal Parliament, you see that again times at the end of his career. His energy, his effort and he talked about the needs and rights of workers at that his passion in transforming those earlier grim times and time. If you read through that contribution, you see he the flowering of the Hawke and Keating governments obviously had an interesting view of then Prime has much to do with the efforts of which he was a part. Minister Malcolm Fraser. He had some very strong As we have heard so eloquently from the member for views about Malcolm Fraser; obviously the wounds Richmond, when Clyde was elected to this place from the change from the Whitlam to the Fraser essentially Labor was unelectable as a government; it governments were still very raw in 1977. was still isolated and structurally hemmed in by the legacy of the split, and when the Democratic Labor If you look through the history, you see that he was a Party preferenced away from Labor it ensured the man who did a lot for public life both in Victoria and on ascendancy of the Liberal government for election after the national stage. I think we should all take heart from election. the fact that people are actually prepared to make a life’s career of serving the public. We all enter this Clyde was forced to deal with the worst aspects of the place with those sorts of aspirations. Not many of us are authoritarian and sectarian central executive of the going to have the opportunity to serve for 36 years. I Victorian branch of the Labor Party in a way that think it is outstanding that Clyde was able to have a required him to negotiate his way through a minefield career of that length and be re-elected each time. From of politics and personalities to ensure its survival. The my observation of the Labor side of politics, I would unrepresentative nature — indeed, the antidemocratic say that to maintain preselection over that period of nature — of the central executive forced his hand, and time and not be moved on is remarkable. Clyde was in 1970 the issue of state aid to non-government obviously a man of great talent and commitment to schools was central to the then state election campaign. public office here in Victoria. On behalf of myself and As Clyde’s son, Peter, pointed out in a moving eulogy the government, I offer my condolences to his widow, to his dad, the combined DLP and ALP vote in the Judy, and his four children, Peter, Dan, Jenny and 1970 election was 54 per cent — Labor got a flogging. Isabella. Faced with this, we now know that the central executive directly intervened in the state election Mr FOLEY (Albert Park) — I rise to also make a campaign at that time and directed the state Labor contribution on this condolence motion. I do so noting parliamentary party not to support state aid to

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2520 ASSEMBLY Tuesday, 16 August 2011 non-government schools. That precipitated federal it was those very commitments and interests that intervention and a whole range of reforms to ensure essentially made Clyde a stellar parliamentarian that, first and foremost, the Labor Party was democratic representing his community. and engaged with its members and its communities; in short, it started the process of making it electable rather In recent weeks in both party and community circles than being just an exclusive Stalinist club. there has been much fond looking back at Clyde’s considerable contribution and his championing of many While he took on the worst aspects of the party culture local causes, many of which also reflected his of the Victorian branch of the ALP with a strange contribution at the national level. People from Port combination of idealism and ruthless pragmatism, Philip Citizens for Reconciliation contacted me to let Clyde also backed the reform moves. In doing so he me know that Clyde was instrumental in setting up that had to reconcile the process of dealing with the group and that it was through his commitment to sectarian nature of ‘Labor’ in terms of the broadest grassroots reconciliation processes that one of the first meaning of Labor politics. As I was discussing with local apologies to the stolen generations was made. Clyde’s son, Peter, last week, one of my earliest That commitment continued for some time, and he was political memories is from around this time. As children able to be a significant sponsor of that group. in a Catholic primary school in 1970 we all had the DLP advertisement put down on a card for us to take At the ceremony today we heard much about Clyde’s home. As I recall it was then relayed on television. The support for the arts at the national level, but this also theme was based on the then song Bonnie and Clyde, was reflected at the local level. He was instrumental in which was amended to Henry and Clyde. The killer line assisting Theatre Works to set up in Acland Street, and in the song went something along the lines of ‘That the member for Richmond will be pleased to know that Clyde he is a smarty, but the commies run his party. he was also instrumental in securing the first home for Vote DLP’. Never let it be said that negative Circus Oz in Bay Street in what was then a campaigning is a recent innovation. commonwealth building owned by the navy. He was central to ensuring that that building was transferred to Let us reflect on the fact that those DLP preferences the Victorian government with the caveat that it kept the Labor Party out of office for 27 long years. continue to be part of the arts infrastructure of this state. Faced with the truth of the matter, Clyde contributed significantly to the democratisation and reform of the Clyde was also a strong champion of the Victorian Labor Party. After many years as opposition leader, College of the Arts, and in the early 1990s was Clyde moved into the federal arena. As a long-term instrumental in a range of legislative and program member of the Labor Party in the area concerned and a reforms that were part and parcel of its development as person who joined as a very young man, I know it was one of the premier arts institutions in this country. His not without controversy at the time. According to local community support for the film and media arts legend, the story goes something along the lines that in was transferred to the national level in the eight years 1977 Frank Crean let all and sundry know that he was he was a backbencher in the federal Parliament. going to renominate and nobody had better challenge him. Of course being such an eminent figure no-one Living in Elwood not too far from Clyde, it was also would dare challenge him. When nominations closed, impossible for me to miss the respect for him in the there was only one nomination in. The surname was Jewish community, a respect that was reflected today in Crean, but it was not Frank. That then precipitated the turnout at the memorial service by distinguished Clyde to do some very deft footwork. The matter was members of that community. That support took many referred to the democratic processes of the party and practical and indeed nationally important forms. His nominations were reopened. In a tight tussle Clyde efforts in assisting this community have been, and I came from behind and won the preselection with, I know continue to be, well appreciated. note, the support of the left at the time. As recently as last night I was at a school council That marked the start of a career which was to go on for meeting of St Kilda Park Primary School in my 21 years at the federal level. Over that period Clyde’s electorate. There was a whole series of bits and pieces office in St Kilda — firstly in Acland Street, later in in memory of Clyde stuck up on the fridge — they refer Fitzroy Street — was a central feature to many in our to him as a St Kilda Park grandad — and someone had local community. From those offices he campaigned scrawled in underneath ‘a champion of our school’. A for and championed the many causes that reflected his former principal of that school reminded me that in the broad-ranging commitments and interests, about which times some years ago when contracting out of cleaning we heard in both the federal and state parliaments, and of schools was in full force, Clyde made it a personal

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Tuesday, 16 August 2011 ASSEMBLY 2521 mission to ensure that the school caretaker was marginalised or unfairly treated. The Minister for maintained. That school continues to this day to be one Aboriginal Affairs spoke at some length about the work of the few schools that has an on-site caretaker, being as Clyde had done within the Aboriginal community, and it is at the corner of Albert Park Reserve. I have read much about it. He really did achieve and highlight the many things that needed doing. It has been As we learnt today, Clyde, with his many larrikin a long battle, and it will continue to be, but he did so streaks and his great contribution to public life, was first much to lay the foundations for the changes. Another and foremost a family man. I quote from his son Peter’s cause that was close to his heart was Israel. He touching tribute, which people can find online: established the Labor Friends of Israel, and today I understand there is a forest named after him in Israel. But Clyde although a hard worker was an egalitarian at heart. And I believe he would want me to say that Labor must also always search for new ways to lead, to shift the political Clyde Holding is remembered by his colleagues as debate so as to increase the prospects for fairness and greater tough minded but loyal, a good parliamentary equality — not just equality of opportunity but also of performer and a passionate Labor man. He was not outcomes. afraid to take up critical issues, whether they were Clyde’s contribution to the Parliament of Victoria, to popular or not. His work as a minister, as a the commonwealth Parliament, to the communities that backbencher and as an advocate for his electorate was he represented and to the party, the evolution of which recognised and respected by both sides. On 25 June into a modern, democratic political force he was 1998, in the valedictory speeches for Clyde Holding, intimately involved in, has sadly come to a close. Many John Howard as Prime Minister said Clyde was ‘a great people, most clearly his family, will miss him. Let his servant of his party’. John Howard then went on to say legacy be a party and a community committed to the that he had always seen Clyde Holding as a tough endless pursuit of fairness and greater equality, or what fighter and somebody who worked hard for his former Prime Minister Paul Keating today called the community. In response to the valedictory speeches by great Australian enlargement project. Vale Clyde Kim Beazley and John Howard, Clyde Holding Holding — an enlarger; a Labor man. remarked that he had never been thrown out of either of the parliaments — that is, the Victorian Parliament and Mrs FYFFE (Evelyn) — I am pleased to rise to the federal Parliament. He said that required some skill make a short contribution to the condolence motion for over 36 years. He said: the life of Clyde Holding. Abraham Lincoln, speaking If I might give a hint to some of my younger colleagues, the about the various careers and occupations available, English language provides a great facility in its width to said, ‘Whatever you are, be a good one’. Whilst I may malign your opponents, and if you use the right words you not have agreed with some of the things that Clyde can get away with it. The reason I say that is that there are Holding stood for, to me he appeared to be a man who some highly offensive words in the English language, but they are rarely used — or rarely used commonly. Time and strove to be good at what he did. His 36 years of public again I have been able to use these words with the confidence, service began when he was elected in 1962. Elected as because they are so rarely used, that nobody takes any Leader of the Opposition in 1967 in Victoria until 1976, objection. So, for younger members, I suggest you go to the when he resigned to stand for the federal seat of English dictionary and develop that facility. Melbourne Ports, one can only admire him. For anyone He then followed on to talk about the comradeship in to be Leader of the Opposition for 10 years shows the Old Parliament House and how, moving into the tenacity, determination and self-discipline. new federal Parliament, he thought that had been lost. He was a man with a strong social conscience who He talked about how both sides worked together, and stood by his beliefs. He knew how to get his message he went on to say: across. Not afraid to ruffle feathers, he said what he … in my time in Parliament, irrespective of people’s thought and believed. He also must have had a good ideological or political beliefs, the average member really sense of humour. I understand that he frequently comes into the Parliament highly motivated in terms of trying recanted with great mirth the story of how, after he was to create a better society, whether that is in the state arrested at the protest against the hanging of Ronald Parliament or not. Ryan, he was taken to the police station, where he was Clyde Holding went into Parliament with high ideals. asked his name and occupation. After he replied that he He fought for those ideals, and he worked tirelessly for was a lawyer and politician the police officer asked him them. My condolences to his family. He lived a full whether he could read and write. life — a life well lived. To die at 80 years achieving what he achieved is highly commendable. He had an impoverished childhood, and that gave him a desire to bring about change for those he saw

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Ms THOMSON (Footscray) — I rise on the Clyde always took the time to talk to members of condolence motion for the Honourable Allan Clyde Young Labor. He made time to talk to us if we were Holding. I say to Clyde’s family and to those who were wandering around the Parliament. We would often part of organising today’s state memorial service that it come in here late at night after going out letterboxing, was a remarkable service for a remarkable man. I feel because the place would sit quite late in those days, and privileged to have been able to attend and to hear from Clyde would say, ‘Come on, come around to Strangers those who spoke about his life and work and his Corridor and we’ll give you a drink. Come and have a ambition to make a difference for people on both a drink with us’. He would bring in a few other MPs, and small scale and a very large scale. I think that is a we would sit down, have a drink and learn the history testament to Clyde. of the Labor Party. We would hear the stories about Richmond; we were told that if you were a Labor Party For me Clyde was a bit like a diamond: he was pretty voter and a Labor Party member when you were alive, multifaceted. There was a lot to the man. He would go you were also a Labor Party member when you were into a pub and have a drink with anyone and enjoy it, dead — and you still got to vote! We heard the stories. and he could certainly crack a joke. We have not heard We got them all. much here today about Clyde’s sense of humour. He had a very acute sense of humour and a personality that It was a fantastic time to be in Young Labor and to be attracted people. If you entered a room where Clyde steeped in its history. It was great to hear the stories was, you would always be engaged by Clyde and about the hard work of winning each vote, of knocking drawn into the conversation; you would never feel that on every door, and the stories of the trade union you were an outsider. He always welcomed people into movement’s involvement in the campaigns. It was a a conversation. That is another thing we have not heard fantastic time to be a member of the Labor Party and much about today. watch it transition from an old-style Labor Party to a new and modern Labor Party. I was in Young Labor when I first heard Clyde speak in this house. I was a newbie sitting up in the gods, and Today I had the chance to talk to Tom Roper, who was this man who I had seen on television and had heard once my state member of Parliament. He was a young my dad talk about was on his feet and speaking. To member of Parliament at the time Clyde was a member. watch Clyde speak in this place was an experience. I We spoke about how Clyde always had time for have not had the same experience in watching an orator everyone. He had the desire to pass on his knowledge speak since seeing Clyde on his feet. I remember that and experiences and to try to mentor people. Tom said, he would put his foot on the chair next to him. He used ‘Clyde was a great mentor. I considered him a mentor his whole body to speak not just to the Parliament but of mine. He was very supportive of young MPs’. Tom to the gallery as well. He brought them along with the said, ‘Clyde came up to me when I first entered the debate and made them feel that the issue he was Parliament — I hadn’t been there very long — and said speaking about was the most important one to be to me, “We’ve got this fisheries bill. You’re on. You’re considered in this place, one that everyone had to be speaking”’. Tom said, ‘I didn’t know anything about involved in. I remember that members from either side the fisheries bill, but there I was. I had to learn the art of of the house would come into the chamber after having getting up without notes and speaking on a bill I knew been listening to Clyde in their offices to watch him nothing about and sounding like I did’. Clyde was perform because he was such a great orator. I feel adamant that his MPs should know how to do that task, privileged to have been able to see someone who was and he would get them in there quick and early and get probably one of Australia’s last great orators perform in them comfortable with this place. Tom has very fond this Parliament. It was something to behold. memories of the contribution that Clyde made to the MP that Tom became, and we know that Tom Roper I also knew Clyde as a member of the Labor Party. He was a tenacious MP who never gave up the fight. could have ignored the members of Young Labor — we were just the newbies causing trouble. Our job and Another thing about Clyde was that along with his lot in life was to give the Labor Party as much grief as idealism — he certainly had that — he was a man who we possibly could by making outrageous policy was prepared to be ahead of the pack and stand up for statements and challenging the norms of the party and what he thought was right. He was willing to take the what it stood for. That was what we were meant to do. community along for that ride. He believed he could We were meant to reach the boundaries and come back, use argument to convince people of the right course to and we had to learn what was possible and what was take. He was prepared to take that chance, but he was not. Most importantly we had to fight for Labor also quite pragmatic. He was prepared to balance those governments. things out. He understood that sometimes you might

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Tuesday, 16 August 2011 ASSEMBLY 2523 have to make a compromise along the way. That did only do you have to have very thick skin but you also not mean you gave up; it just meant that you made the have to have the support of those around you. To those compromise. who have supported Clyde throughout his career I pass on my best wishes. Clyde understood the way the Labor Party worked better than most. As we have heard, his contribution to We have heard much about Clyde’s background and reshaping the Labor Party and making it what it is the fact that he was 80 years of age when he left us only today is without measure. He was certainly one of the a couple of weeks ago. He served in the Parliament of major players in turning the Labor Party into a party Victoria, where he served 10 years as opposition that could become a respected government and achieve leader — again, a very tough gig — and also in federal much for the people of Victoria and Australia. He knew politics. I would like to touch on that briefly. I noted and understood that with all the ideals in the world, with great interest that when Clyde was preselected for being in opposition is not much chop, and that if you the federal Parliament back in 1977 he actually are going to have ideals, you should have ideals you defeated the now federal Minister for the Arts, Simon can actually do something with from the government Crean, at the preselection for the seat of Melbourne benches. Clyde passed on a lot not only to the people he Ports. Obviously that area has attracted people who worked with and his colleagues in the Parliament but have been very interested in the arts. Clyde made some also to the people who were coming up through the very good arts decisions while he was in Canberra, not Labor Party, who were to inherit his legacy. He did a the least of which was appointing the fabulous Betty lot for the people in his constituency. He did a lot for Churcher to the position of director of the National the Aboriginal community, and I think that will be his Gallery. Having been a student of hers at university, I largest living and ongoing legacy to Australia as a would certainly say that she is one of the greatest living nation. arts treasures of our country.

For me and for the Jewish community he was not only Clyde made some very good arts decisions. In fact for our supporter here and a supporter of Israel, he was also his sins he not only held the portfolio of arts and a friend of the Jewish community and of the state of territories but also many other portfolios including Israel. At a time when the debates in the Labor Party Aboriginal affairs, and we have heard about some of were raging about whether or not it should support the the contributions he made to that portfolio during the state of Israel over the Palestinians, Clyde was always Hawke government. He also held the portfolios of at the forefront of those debates. He would never give transport and communications support, and up; he did not give up, and he won. I think it is a immigration, local government and ethnic affairs. He testament to Clyde that he knew the fights he could eventually retired from federal politics in 1998 after fight and win, he knew the fights he had to compromise serving some time on the backbench once he finished on and he was always committed to stay true to his his ministerial duties. Labor values, to his core beliefs and to ensuring that we made this state a better place. Clyde Holding is perhaps best remembered for his contribution to land rights for our indigenous I want to say that Victoria and Australia are better Australians, as a fierce campaigner for the abolition of places as a result of the contribution of Clyde Holding. the death penalty and for supporting government aid to Very few of us will ever get the chance to make the non-government schools, including Catholic schools, contribution he made. My condolences go to his family. which was quite controversial within his own party at It is great to see members of his family here in the the time. However, Clyde stood his ground and was gallery. I say to Peter Holding that it was a great very strong in his opinions. Clyde was also a contribution that he made today on behalf of his family. well-respected solicitor in his own right and one of the I hope that he will take with him the memories of today founding partners of Holding Ryan Redlich. He is and know that there are an awful lot of people in this survived by his wife, four children and many friends, place who think his father was a pretty exceptional not only in the Parliament but in the wider world. I wish person. his family the best.

Mrs VICTORIA (Bayswater) — It is a great Mr DONNELLAN (Narre Warren North) — It is pleasure to stand today to contribute to the condolence an honour to make a short contribution in relation to motion before the house in regard to the Honourable Allan Clyde Holding. He was born 27 April 1931. He Clyde Holding. I would like to commence by passing was educated at Trinity Grammar School, Kew, on a on my condolences to Clyde’s family. Working in scholarship and studied law at Melbourne University. politics is a very tough job, and to serve 36 years not He joined the ALP as a student and became secretary of

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Young Labor. He led the campaign against the death have specific policies to implement, you need to be in penalty and was a big supporter of Aboriginal land government. rights. The third example of Clyde sowing the seeds of change Clyde Holding came into this Parliament as the is in relation to Aboriginal land rights. He did not member for Richmond in the Assembly in 1962. That succeed immediately with this across the board but he would have been a hard preselection to win following brought the issue to the public’s attention. Later the the 1955 split of the ALP. He was a socially Wik and Mabo cases and subsequent federal legislation progressive individual but the seat of Richmond would would deliver important outcomes for the Aboriginal have been stacked by the O’Connell, Loughnane and community and provided dignity for all in Australia. Wren clans. It would have been very much a Catholic paradise, as they would have said in those days. Clyde’s Clyde Holding gave a magnificent 36 years of public support for government aid for non-government service to the community. He was a man of great schools may have assisted him in that preselection. integrity and energy who fought for social justice. He was a great Labor man. My deepest condolences and In 1967 Clyde took over the leadership of the Labor sympathies to his family. Party after five defeats in a row. I suspect it was his sheer talent, capacity to talk in the house and ability to Mr SOUTHWICK (Caulfield) — I join the deliver outcomes which encouraged his caucus to Premier, the Leader of the Opposition and others in this support him in this bid, as I have no doubt that he house in paying my respects to the late Allan Clyde would not otherwise have had the numbers to take the Holding, a former member of this place and a former leadership at the time. Unfortunately the behaviour of member for Melbourne Ports, which includes my Bill Hartley and his team at head office limited Clyde’s electorate of Caulfield, in the federal House of capacity to deliver victories for the party as its leader. Representatives. As the member for Melbourne Ports Although Gough Whitlam and many others supported Clyde was a strong advocate for and a close friend of state aid to non-government schools, hardly any other the Melbourne Jewish community. supporters would countenance such an idea at that time. This was made plainly obvious during the 1970 state We have heard today from a number of people, both election campaign, during which both Clyde Holding here and earlier at his state funeral, about the work and Gough Whitlam were admonished for their support Clyde Holding did as the federal Minister for the Arts of state aid to non-government schools. and Territories and federal Minister for Aboriginal Affairs. He is also known for the work he did with This is really when Clyde Holding’s contribution came Mabo, the handing back of Uluru, his advocacy for the to the fore because he very much sowed the seeds of abolition of the death penalty and his work in protesting change for the Labor Party. He and many others, the execution of Ronald Ryan. including Bob Hawke and Gough Whitlam, assisted in federal Labor’s intervention in the Victorian branch of I would like to focus on the support Clyde Holding the Labor Party. This did not bring about immediate gave the Melbourne Jewish community. In Clyde the dividends but it certainly started the process of Melbourne Jewish community knew it had a strong moderating and modernising the Labor Party and later federal representative who would ensure that its views enabled John Cain and others to lead the party to were heard in Canberra and its interests protected. We victory. If the Labor Party had continued to preselect heard a number of people make significant communists, it would never have been a party which contributions today. I would like to make mention of appealed to the masses of Victoria. some of the words of Rabbi Dr John Levi, who spoke at Clyde’s state funeral. Firstly, Clyde grew up in the After the 1976 election defeat Clyde Holding left state shadow of World War II where he saw the Nazis, the Parliament to move into federal Parliament. Once again world’s greatest evil, defeated. He also witnessed the he sowed the seeds of change by assisting Bob Hawke formation of the state of Israel as a safe homeland for to take the leadership and thus deliver many federal the world’s Jewish community. victories to the Labor Party. Clyde Holding was a very wise man. Supporting Bob Hawke in his bid for leader Because of what Clyde Holding saw as a young man he would have been a difficult choice, but hard decisions recognised the need to value and protect the Jewish needed to be made. The numbers needed to be counted community, and the community always valued his if the Labor Party was to win. It is all very well to be friendship. To quote Rabbi Levi: pure but, as Gough Whitlam said, ‘Only the impotent The Jewish community knew they had a friend … he are pure’. It is not going to get you anywhere. If you identified … with Jewish fate …

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Rabbi Levi also said: Ms GARRETT (Brunswick) — It is with great sadness but also a strong sense of privilege that I rise to We may not have forgotten the time when bombs were placed speak on the condolence motion for the Honourable in the basement of the Jewish social club in Bondi and bullets were fired into the doors of Jewish community leaders but Clyde Holding and to pay my respects to this very Clyde, the son of a police officer, did not take such events significant figure in our state, our nation and our party. lightly. Over the last fortnight many things have been said about his passing, none better than the words spoken He blocked visits to Australia by the representatives of this morning at the very moving and fitting tribute held Arafat’s Palestinian Liberation Organisation, he was a at the National Gallery of Victoria, a tribute which founder of Australian Labor Friends of Israel, he visited reflected the rich threads of Clyde Holding’s life and Israel and he also had a forest in Israel named in his demonstrated that at the core of his being were his love honour. for his family and friends and his desire to transform Other local achievements include securing the land for the community for the betterment of all. It was a fine the Betty Day Community Centre and ensuring a testament to him as a father, partner and friend, multi-use development for the Elsternwick railway particularly when his talented children spoke of their station, as well as the work he did for the Montefiore close relationship with him. I touch on some words his Homes, the National Council of Jewish Women of son Danny said, which were quoted in the program: Australia and the Sacred Heart Mission. I believe the close bond between the young child and parent never really leaves you and holds you in good stead. Those on the other side of the house have mentioned Although Clyde is gone, I think for every second of my life today that during the time that Clyde Holding was a I’ll feel loved by him. member of the Victorian Parliament there were many deep divides within the party and that during Clyde’s Similarly, for those who were not there this morning, time in the Parliament he advocated strongly and took his daughter Isabella told a hilarious story about Clyde some of the hard decisions. One of the issues that as a father. Every year on her birthday he would dress divided the Labor Party was school choice and the up as a monster and give the kids at the birthday party a importance of private schools and religious schools. thrill. However, being Clyde Holding, he was not just Some believed Clyde’s passionate defence of these being a monster; he was Being a Monster in the sense schools contributed to his never obtaining the position of the Stanislavsky acting method. He would wear his of Premier. terry towelling robe and something on his head from the undergarments drawer, I believe, and he would As parliamentarians we must recognise across party terrorise the young children downstairs for fun. I lines the skills shown by all who were here before us. believe Isabella said there had been a blood nose and a As an MP here and in Canberra, as leader of the couple of concussions by the end of her birthday Victorian Labor Party and as a senior minister in the sessions. However, she obviously loved and adored the Hawke government he was seen as a tough warrior for fact that her father was so present in her life. his party who stood up for what he believed in. For those engaged in the battle of ideas that is politics there Today’s mourning was a tribute in which prime can be no more important attribute. In his tribute this ministers, past and present, demonstrated manifestly morning former Prime Minister Paul Keating spoke of heartfelt and deep respect for their former colleague’s a unique individual of strong character. We have also passion, commitment and achievements and one from heard others mention today John Howard’s comment which those of us in the Labor Party tradition could on the retirement of Clyde Holding from the federal draw great strength and pride in the legacies and history Parliament in June of 1998, which I would like to of this great party. It was also a tribute through which repeat. Clyde remarked to Mr Howard that he found: we could celebrate the leading lights in our tradition, such as Clyde Holding, who have fought for and … despite the fact that he was no longer on the front bench of achieved great change, and who have reformed society, the then government, a great deal of peace and contentment in advanced human rights and equality and helped heal representing his constituents. He found a great deal of divided communities. satisfaction in simply putting their cause. He thought that there was a place in this parliament for people who saw their career beyond any particular office in a party but simply in As we have heard, the length and depth of Clyde terms of public service. Holding’s service to public life is simply extraordinary. His incredible 36 years of parliamentary service to the My thoughts and the thoughts of all of us are with his Labor Party and the labour movement, his inner city first wife, Margaret, his wife, Judy, and his children, constituents and the many progressive causes of which Peter, Dan, Jenny and Isabella. he was champion, particularly opposition to the death

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2526 ASSEMBLY Tuesday, 16 August 2011 penalty and the rights of indigenous Australians, is an the delivery of Uluru back to its traditional owners. His outstanding achievement. As the house is aware, before tireless work in Aboriginal affairs helped deliver a entering Parliament Clyde was a solicitor; he founded fundamental and much-needed shift in public discourse the law firm Clyde Holding and Co. before becoming a and attitude, and paved the way and was the backdrop senior partner in what became the law firm Holding, for the historic Mabo and Wik decisions. I remember Ryan and Redlich, the firm which now stands as the studying the Mabo decision in university and feeling very successful Holding Redlich and the place where I that passion swell and the goose bumps rise. was lucky enough to do my articles back in the late 90s. I pay tribute to Clyde and to those around him who As is so often the case in the Australian vernacular fought the good fight to represent their seats, form tradition the firm’s name was shortened, the legal government and deliver change, which is the great fraternity calling it simply ‘Holdings’, and I remember strength of this party and its traditions. We are here to as a young lawyer thinking, ‘Wow, it must have been a stand up for values, to push for the creation of a more pretty special person to have started a firm like this, equal society and to have the commitment and courage with their name not only on the door but on everyone’s to seek the mandate to govern to do so, for it is not an lips’. It was very hard to get articles at Holdings, as I easy road — and Clyde knew this better than most. know it still is, because the tradition of the firm was so strongly rooted in the personal and political values of its As has already been mentioned, Richmond back in founding members. People desperately wanted to work those early days was a tough place and the Richmond at such a place and continue the traditions of fighting ALP was even tougher. It stands to reason that for for justice and using the law to transform society. Clyde to have won and withstood the battles he must have been a tough character. As was reported in the Age This is what Clyde Holding did as a lawyer — working the day after he was elected as Leader of the for unions and their members, standing up for rights Opposition: and for justice. He was one of the pioneering leaders of the Labor Lawyer fraternity, a group which included He looks Irish — ‘a bit of a mixture of an Irish politician and an Irish boxer’, a friend says. He is average height, with a those who built up Slater and Gordon and other Labor sturdy build and an aggressive chin. law firms, which included my father-in-law, Mike Higgins. Mike told me endless stories about when he I do not know whether the current member for was at Slater and Gordon sharing domination of the Richmond would qualify for that description. personal injury lists with the partners from Holding Redlich. Honourable members interjecting.

It was a fitting moment many years later when I worked Ms GARRETT — Maybe not the aggressive chin. closely with Clyde’s son Peter and saw his great skill Mr Hulls — Same hairstyle! and capacity in helping the Labor government deliver amendments to Victorian law that strengthened the Ms GARRETT — Same hairstyle, sturdy build. As rights of asbestos victims in this state. Peter worked on has been said, in his inaugural speech in this house changes that meant that those victims who had made a Clyde Holding spoke of his desire to see employment, claim for asbestosis were not prevented from making affordable housing and safe workplaces — and he another claim if they were subsequently diagnosed with worked throughout his life for those. Without his the deadly and cruel asbestos-related disease reforms of the party, the seeds of success for future mesothelioma. I know his father would have been so Labor governments would not have been sown. proud of Peter as he championed that change, without Without his extraordinary work as a minister in the which a person facing exactly the same situation as federal arena, particularly in Aboriginal affairs, we Bernie Banton was confronted with would have been would not have had some of the outstanding outcomes left without access to compensation. Reform was we have. As arts minister he won the respect of artists delivered, people were given the rights they deserved all over Australia and delivered outcomes which and justice was achieved — and Clyde Holding would continue to be enjoyed as a benefit for the nation as a have been most proud. whole.

The skills of legal interpretation, negotiation and In his words and actions Clyde Holding was a delivering outcomes that become the day-to-day work passionate advocate for change and for those in society of a labour lawyer clearly stood Clyde Holding in great in need. It is people like him who have crafted the ALP stead as he became a parliamentarian, a federal minister and its traditions and have lived and breathed its core and someone who can count in his many achievements values of social justice and equality.

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It is indeed a privilege to have had the opportunity in Labor’s chances of winning election in 1970 on the this place to acknowledge Clyde Holding’s contribution basis of their desire to pursue sectarian arguments. to the Victorian and Australian public, to this house, to Thankfully that is not a world that we deal with today, the Labor Party and to the Labor movement. Our and that is because of the bravery and actions of people thoughts are with his family and friends at this time. A such as Clyde Holding, who fought and struggled in a true reformer, a true believer, a true Labor man. bitter political world to establish a Labor movement which could not only win elections but win them for a Mr SCOTT (Preston) — It gives me great pleasure purpose. to rise to pay tribute to Allan Clyde Holding. Much has been said in the contributions to this condolence motion While Clyde could certainly count — unlike a debate, and I do not intend to go over ground already challenger, Barry Jones, about whom he famously covered in detail. I think it is worth outlining the sorts observed that quiz kids could not count — the counting of difficulties that Clyde Holding faced when he was for a purpose, not simply to gain power. Another became Leader of the Opposition and of the Victorian Labor luminary said, ‘You can have the argument; give Labor Party, which he played such a critical role in me the numbers, brother’. That was not the case with reforming. Clyde. Power was to be used for purposes related to his value system — a value system that will live on long I think it was William Thackeray who described us as after his passing. He was a person for whom power all being equal in death, but frankly the life of Clyde served; it was not his master. Holding makes a lie of that observation. Not all of us are equal; some leave a much greater legacy, and Clyde He was a true Renaissance man who enjoyed a full life. Holding is one of those people. Without the efforts of You only had to be at the service this morning to hear Clyde Holding the Labor governments of the 1970s and what a varied and interesting life it was. Although sadly 1980s would have been impossible. It is hard to we all must pass from this world, as I said, we are not imagine the sort of society that existed in the 1950s and all equal in our passing and we have lost a great 1960s and even into the 1970s, when sectarianism was Victorian. such a critical feature of public life, particularly in Victoria. It is a telling fact that from 1955 onwards no Mr LANGUILLER (Derrimut) — Graham new Catholics were preselected to stand for election as Richardson, in his 1994 autobiography Whatever it MPs in Victoria until the 1970s, when Pauline Toner Takes, wrote of Clyde Holding, referring to Holding’s was preselected. While those who had stayed loyal to state seat: the Catholic faith maintained their preselection, it I don’t know what goes on at Melbourne’s Richmond town proved impossible for others of that faith to gain hall, but I do know that, whatever is taught, the school preselection. That is a world quite foreign to us and one produces graduates who are tough, resourceful and utterly that thankfully we have left behind — and Clyde ruthless. Holding played a critical role in our leaving that world Quite correctly, the member for Preston put on record, behind. as has every other member of this house who has One of my predecessors, Carl Kirkwood, with whom I spoken, that Clyde Holding was tough, determined, discussed Clyde Holding some time ago, described him passionate and courageous in taking up the causes as a good man to have behind you when you are in which at the time were not particularly popular and trouble. That is worthy praise in politics. Many are certainly not particularly colourful. friends when you are doing well; fewer are friends Clyde Holding’s major achievements could be listed, as when you are in trouble. other members have done, as returning Uluru to its To return to the Labor Party that Clyde had to face and original owners, doing important work in multicultural deal with, at that time the Labor Party was dominated, affairs and many other things. I wish to make a few as people have said, by the Victorian central executive, somewhat personal remarks. When I first arrived in this but it was in fact a creature of another organisation, the country I lived in public housing in Flemington. At the Trade Union Defence Committee. That committee’s time you knew that if you were a tenant and in the main ideological divisions were between those who business of organising the tenants union in order to followed Moscow and those who followed Peking. So stand up for your rights as a tenant, whether it was for it was an entirely different world from that in which we maintenance or safety, you could turn up at Clyde live today. The sectarianism was so deep that people Holding’s office. You would meet briefly with him or within the Trade Union Defence Committee and the with his staff, to whom he would introduce you. I Victorian central executive were very happy to destroy

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2528 ASSEMBLY Tuesday, 16 August 2011 remember meeting the likes of the late Theo Rights of Parliamentarians and champion human rights Sidiropoulos, Dimitri Dollis and many others. in so many parts of the world.

I want to say that it first came to my mind to say thank I want to say, if I may, on behalf of many of the you and how grateful I am, as are all those on our side Spanish-speaking citizens of Victoria — there are some of the house, for the contribution that people like Clyde 25 000 — who in one way or another would have Holding made. I am cognisant and very mindful of the known Clyde Holding and also know Peter Holding fact that, although I would not wish to attribute my and Danny, how sorry we are. I will not forget the time preselection to Clyde Holding and tarnish his when we were at the metal workers union offices at reputation, colourful as that may be, I am here because 174 Victoria Parade where Holding Redlich was based Clyde Holding stood up for multicultural affairs when and were planning to hold a human rights hunger strike they and the rights of people from in city square. I walked into the office of that great trade non-English-speaking backgrounds who were coming unionist, the late John Halfpenny, and said, ‘We have to this land were not necessarily popular. In those days got legal issues with the town hall. They want to expel when you took up a portfolio like Aboriginal affairs or us from the city square’. He said, ‘You go to Holding multicultural affairs, you were doing it to your Redlich, where there is a good friend, a former member detriment. You were not necessarily doing it because of Holding Redlich but also a Labor Party member of you were advancing your political career or because Parliament, and they will do it pro bono’. Then I you would make a better minister. You were doing it walked out of the office, rang someone who had gone because you were going to argue with the then to university and asked, ‘How much is pro bono?’. I opposition, and indeed you were arguing with your own will never forget that, but I learnt something, and we colleagues within the Labor Party. often made use of Holding Redlich in important discussions and battles we had. I express my thanks to Clyde Holding and to his family because, as many speakers have put on record, his On a more personal level I want to say, and it might 36 years of parliamentary and public service — I would tarnish Peter’s reputation, that arguably I had a not wish that on many, and certainly not on me — was significant role in introducing Peter to the Spanish part of a courageous and determined life. How on earth language, as well as introducing him to boxing. He is a did they keep up with other members, constituents and much better boxer than I am, and members should keep the many issues they embraced without Facebook, that in mind. We have much in common in language Twitter or email? I want to say, ‘Thank you, Clyde’ for and sport but we also have in common that we are part what he did for public tenants at the time. I also place of the Labor family. It is people like Clyde Holding on the record our appreciation, from the point of view who have made this nation a great nation. It is a nation of those who were active members of trade unions at with minimum wage conditions, Medicare and the time, for the vision in relation to the establishment superannuation. It is also a nation where people from all of the trade union health clinic. In those early days not backgrounds are included and respected. They are also many people were prepared to stand up for workers part of not only the tradition of the Labor Party but also who developed a condition such as repetitive strain of Victorian and Australian politics. This is the best injury or various other injuries which were not known, land in the world, and it is because of people like Clyde not made public and not recognised, so-called, Holding that it is the best in the world. scientifically. I pay tribute to Clyde Holding, who is survived by his I will not forget another important chapter that it is second wife, Judy, and their daughter, Isabella; and by incumbent on me to put on the record. When I met his first wife, Margaret, and their children, Peter, Clyde in Canberra I was a human rights activist, as Danny — whom I also know well — and Jenny, and members would be aware. I came to this country four grandchildren. following the rise of the dictatorship in Uruguay. There was, I think, a dinner sponsored by Cyril Primmer, Motion agreed to in silence, honourable members whom some of you may remember, with the likes of showing unanimous agreement by standing in their Bill Hayden and Barry Jones. Of course, Clyde was places. there because he also understood — and sometimes these are not dimensions that are known publicly — issues of human rights in other countries. It did not surprise me when he went on to serve on the Inter-Parliamentary Union’s Committee on Human

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Tuesday, 16 August 2011 ASSEMBLY 2529

ADJOURNMENT one of the aftermaths of this awful day was that all the political parties of Norway reported an increase in Mr McINTOSH (Minister for Corrections) — I young people applying for membership after these move: events. At such a dark time that is an extraordinary, good and spontaneous reaction. It shows that the That, as a further mark of respect to the memory of the late Honourable Allan Clyde Holding, the house now adjourns Norwegian people will not be deterred from until 5.15 p.m. this day. participating in a liberal democratic system by the actions of an individual whose mission was clearly to Motion agreed to. undermine it. The spirits of those killed, especially those young and passionate people, will be best House adjourned 4.19 p.m. remembered by all of us reflecting for a moment that The SPEAKER took the chair at 5.15 p.m. our political system, with free and fair elections and the rule of law, is not something to be taken lightly and is a part of our society that we must always cherish and NORWAY: MASSACRES strive to protect. I believe that is why it is important to put that on the record today in this chamber. Mr BAILLIEU (Premier) — By leave, I move: On 23 July I conveyed through the Royal Norwegian That we, the Legislative Assembly of Victoria, in Parliament Consulate General in Melbourne our deepest assembled, express our deepest and most sincere condolences sympathies to the people of Norway. It is appropriate to the King and people of Norway at this time of great suffering caused by the senseless events in Oslo and on the that today we extend that expression of sorrow by this island of Utøya on 22 July 2011. formal motion in this house, and I ask you, Speaker, to convey this resolution, when adopted by the house, to On 22 July 2011 senseless attacks were carried out on the government of Norway through the Consul General the people of the Kingdom of Norway, a country held at the Royal Norwegian Consulate General in in great affection by many Victorians and by Melbourne, Mr Tomm Paulsen, who is in the house Australians in general. In a period of not more than a with us today. few hours a car bomb exploded outside the Prime Minister’s office in Oslo. Eight people died and several It is appropriate to close with the words of the Prime others were injured, 10 of them seriously. Shortly Minister of Norway in his commemorative address on afterwards on the island of Utøya 68 people were 1 August to the Storting, the Parliament of Norway. His gunned down and died. Another died later in hospital. words were apt. He said: A total of 77 people were killed; 153 in total were wounded. This was the worst atrocity in Norway since With freedom of speech as our weapon, and in the best traditions of this chamber, we will ensure that human dignity the dark days of World War II. and security win over fear and hatred. The gunman involved deliberately targeted the As we think of all those lives lost, particularly those democratically elected Prime Minister and a summer young lives, we echo those sentiments today. camp organised by the youth division of the Norwegian Labour Party. This was a politically motivated attack, Debate interrupted. and as such it appals us all the more. We can only imagine the grief that has been visited upon the families and friends of those who have been killed. It is a very DISTINGUISHED VISITORS sobering fact that the average age of the Norwegians who lost their lives that day was just 21 years. Fifty of The SPEAKER — Order! I would like to them were aged 18 or younger; 2 were aged only 14. acknowledge the presence of the Consul General of They had their whole lives ahead of them. Now they Norway, Mr Tomm Paulsen, on this very sad occasion. have been robbed of that, and their families have been We are very grateful for his being here. robbed of them.

We are fortunate in this country that these sorts of NORWAY: MASSACRES things happen so rarely. Yes, we have had our Debate resumed. experiences. Australia has had the horror of Hoddle Street and of the events at Port Arthur in 1996, so Mr ANDREWS (Leader of the Opposition) — I Australians have a particular empathy with the people join with the Premier in our sincere statement of regret of Norway at this time. I was encouraged to read that and sorrow and in the offering of our most sincere and

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2530 ASSEMBLY Tuesday, 16 August 2011 deepest condolences on what was a senseless, barbaric We offer our deepest condolences and sympathies to and evil act. As the Premier noted, you have to go back the people of Norway. This was a terrible set of events. to World War II, to very dark days for this nation and Our thoughts and prayers are with the families and with this region, to see so many lives having been lost in the people of Norway in a broader sense. We ask the such a short period of time. A bit before 3.30 in the honorary Consul General, Tomm Paulsen, to accept our afternoon on 22 July a bomb exploded outside the deepest condolences. They are offered in a genuine Prime Minister’s office. Eight people were killed and sense of horror, and we hope that through this motion 10 others were very seriously injured as a result of that and these expressions of our deepest sympathies, we bomb blast. Two hours later, in a coordinated, can give you and your community in Norway some well-planned and fundamentally evil attack on a strength to help you deal with these difficult times. conference of the youth wing of the Norwegian Labour Party, some 69 attendees in total lost their lives at the Mr RYAN (Minister for Police and Emergency hands of a lone gunman. Services) — I rise to support the motion moved by the Premier and supported by the Leader of the Opposition The Premier noted that we in Victoria and Australia are in what is a terribly trying time for the people of very fortunate that whilst we have some history of such Norway. I recognise the presence in the gallery of events — perhaps every nation does — these are not Mr Tomm Paulsen, the honorary Consul General of the common occurrences for us. They are not things we Norwegian people. have to come to terms with on a regular basis. We should be deeply appreciative of that fact. It strikes me The events of 22 July are horrifying from any as odd that we spent the early part of the afternoon perspective. They relate to a number of basic principles. talking about fairness, decency, opportunity and social They relate to the issue of the dignity of life and the fact justice — we spoke about the life of a man and the that so many lives can have been lost in a terrible and times he lived in, and we are fundamentally committed senseless act of slaughter; they relate to the fact that the to each of those values — but that we now we turn to democratic systems in which we live are brittle and the exact opposite of that. A person in an evil and precious and have to be protected as things that are a fundamentally deranged way has taken the young and gift to all of us who have the great good fortune to live precious lives of so many people in what he, it would in such communities. We have to act positively to seem, determined was a warlike conflict — a conflict ensure their proper protection. spurred on by a complete misunderstanding and a complete intolerance of the respect for the This was a senseless slaughter in the most awful of multiculturalism and diversity of Norway, of Europe, of circumstances. The explosion of the bomb outside the our world and certainly of our great state. Prime Minister’s office and the subsequent slaughter that occurred on the island were carefully planned by It is not for to us reflect upon the motivations of that this individual, who surely is crazed. If ever one wanted individual or to even utter his name. We should, to have a witness to a chilling event, one need only however, reflect on the fact that the multiculturalism in have regard to the content of an article in one of today’s our great state is a rare and precious thing. It is to be major dailies, which has a two-page spread of this valued and cherished. One would hope — without any person being taken back to the island as he apparently commentary on Norway certainly, but speaking re-enacts the events of that appalling day. specifically about Victoria — that the bipartisan support for multiculturalism, for cultural and linguistic We as Victorians have empathy with those affected by diversity and for our multifaith community would in this event because of the events of Hoddle Street all some small way, and hopefully in large measure, those years ago, which were dreadful from Victoria’s perhaps safeguard us against these sorts of dark times point of view. In the Australian context it is not so long being visited upon us. We are certainly stronger for our ago that the events of Port Arthur unfolded on that broad and deep support of multiculturalism. I think we terrible Sunday at the Broad Arrow Cafe and other are stronger for multiculturalism and diversity in a locations and became part of a lexicon within Australia broader sense as well. These terrible events, as the of what ultimately led to the massive changes to gun Premier noted — the well-planned but senseless laws, which in a way were part of the legacy of the loss killings of people with an average age of 21 — were of those 35 lives that terrible day. acts of pure evil and disturb all of us as members of But again, circumstances applied in the Australian Parliament, as Victorians, as Australians, as people of nation then that were similar to those that I am certain goodwill and as people minded to support decency right apply in Norway today, where families have been left across our world. bereft in the face of all this and where questions are

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Tuesday, 16 August 2011 ASSEMBLY 2531 being asked as to how and why it can possibly have country and for the good that they might do for it. It is been so. A nation is in deep mourning for people, so hard to imagine the terror those young people must many of them young people, who have been lost for no have felt during the long hour and a half when they fled reason at all. All of this apparently happened because and then hid from their heartless attacker. It is this individual, according to his own 1500-page mantra gut-wrenching to imagine the pain and the emptiness published on a website, set out to cause this horrific the families — mothers, fathers, sisters, brothers and destruction. grandparents — of those killed must now feel. It has been said many times, because it is so true, that there is We in this Parliament join together to offer our deep surely no greater pain for a parent than the loss of a condolences to those families who are affected in the child. The young are the future — the future of their first instance and to the people of Norway at large. families, of their communities, of their countries and of These are terrible times, and our hearts and our minds course the world. and are prayers are with you. For those of us who over the decades have encouraged Mr PALLAS (Tarneit) — I too join with other young people to join in politics in the belief that they members in this place in making a contribution on the are the future and that they can make a better condolence motion but also to acknowledge the community and a better country, the targeting of a presence of the Consul General of Norway, Mr Tomm group of young people gathered for a Labour Party Paulsen. It is an honour to have him here at this sad youth conference is particularly poignant. Many have time. called this a politically and ideologically motivated killing spree. Politics and ideology should never be Norway is a country of breathtaking beauty, which I distilled down to hate; they should always be born out have had the great privilege to visit on a number of of hope. They should enliven, invigorate, elevate and occasions. It is a land that is inhabited by a stoic, proud, inspire us to do better things. There is no doubt that as tolerant and, above all else, generous people, some of the young people of the Labour Party youth conference whom I have come to count among my friends. The gathered together on that weekend in July, what Norwegians that I have met are rugged and resilient — motivated them was hope. There is no doubt from his as rugged and resilient as the great land they occupy. own writings and rantings that what motivated their They are not prone to exuberant gestures, because killer was hate. Norway is a country where feeling is submerged but profound and where friendships are long and character It has been heartening to read that Norway’s main is forged in the fount of common purpose. Norway has political parties, both conservative and left leaning, long served as an example to the world of an inclusive have noted a significant increase in interest in and tolerant society. membership from young people. Young people are the future of any country, and that young Norwegians have I wish to express my condolences and sympathy to the responded to this horror by retaining hope in their people of Norway in the aftermath of the recent ability to make change for the better is a great thing. violence that killed 77 people. In recent years it seems Despite the scale of this tragedy, which will no doubt that we come together all too often in this place to offer have affected most families in this small country in one our heartfelt condolences to people across the world way or another, the strong-willed people of Norway who have suffered enormous tragedy. We stood have been determined to uphold the hope that together in the aftermath of an unforgiving Mother motivated those young people that weekend, and to join Nature here in Australia, and in New Zealand, Japan together to condemn the hate that killed them. and Chile. We have also stood together to express our feelings and extend our sympathy in the aftermath of A country of about 4.5 million people, Norway has the evil of the London bombings, the Bali bombings long punched above its weight in the world of and the attacks that shook the world on September 11. international affairs, almost always with the aim of Sadly today we are again joined together in the securing peace or democracy in another country. It is a aftermath of evil, ignorance, bigotry and hate. country that has upheld the importance of democracy, peace and hope time and again. It is a country that held On 22 July 2011 the people of Norway bore witness to peace talks and secured the first face-to-face two shocking events: the bombing in central Oslo and agreements between the Israelis and the Palestinians as the terrible shootings on Utøya Island. In total part of the Oslo accords. It was also in Oslo that the 77 people were killed within hours. That alone is Convention on Cluster Munitions was signed. It is a tragedy and pain on a dreadful scale. What made this country that has worked hard to bring together a violent one-man demonstration of hatred and ignorance number of warring parties and it is the country of more deplorable, though, was his target on Utøya course that is home to the Nobel Peace Centre. Island — young people full of energy and hope for their

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2532 ASSEMBLY Tuesday, 16 August 2011

Norwegian Prime Minister Jens Stoltenberg captured government of Norway and to condemn the racism and that spirit when he said: the hatred that motivated this tragic event. Panama, Nepal, Singapore, Canada, New Zealand, the We’re a small country but a very proud country. No-one can Philippines, Thailand, Kurdistan, Australia, Scotland — bomb us to be quiet. No-one can shoot us to be quiet, no-one can ever scare us from being Norway. the list goes on — are all countries that have joined together to stand with Norway in support of hope over At a remembrance service for those killed he said the hate. killings had been: We who sit in this house may have different ideologies … an attack against political engagement … an attack on our and we may believe in a different way of running democracy. things, but we must always remember that we first The killer who took these 77 lives espoused came here in hope, and that it is hope that should guide ultranationalism and Islamophobia, and in a 1500-page us in this house as we represent the people of Victoria. manifesto released just before the attacks blamed As Kjell Magne Bondevik — I am sure I mangled the left-wing political forces for making the European pronunciation of that name atrociously, and I apologise continent multicultural. Yet, as we saw at the funeral of to the people of Norway for doing so — Norway’s Bano Rashid, an 18-year-old Kurdish Muslim woman longest serving non-socialist Prime Minister and now who had arrived in Norway from Iraq and who was the president of the Oslo Centre for Peace and Human first person to be buried after the killings, Norwegians Rights, has said: remain determined to reject racism and bigotry. People of different religions and cultures walked side by side, Knowledge of other people’s beliefs and ways of thinking embracing each other in an unequivocal rejection of the must be used to build bridges, not to create conflicts. hate that had motivated Bano Rashid’s killer. To the people and the government of Norway, I extend These sentiments were echoed by Eskil Pedersen, the our deepest condolences. I praise them for the strength leader of the youth wing of the Norwegian Labour they have shown in the face of such terror, for the Party, who is reported to have said: determination to grow their multicultural society despite the agitation of those who fear difference, for The gunman took from his victims their lives. But he can’t their resolve to fight bigotry and hate with peace and take away what they believed in: tolerance and anti-racism. unity, and for their promise to meet terror head on with The attack, he said, would: more democracy. May that strength stay with them as they travel down the long road that lies ahead. … not destroy Norway’s commitment to democracy, tolerance and fighting racism … Perhaps the final word should go to the custodians of the Port Arthur heritage site, who in a message of And referring to the killer, Pedersen is reported to have sympathy for Norway are reported as having said: said: We empathise with them; we share their grief. Long before he stands before a court we can say: he has lost. We share their common understanding about human nature As Victorians, we know the great benefits that and human failings and the terrible evil that is sometimes multiculturalism can bring, because we live in a truly inside some humans … multicultural society. Victorians come from more than I grieve for the Norwegian people at this time of great 200 countries, speak more than 230 languages and sadness, but I am confident that their indomitable dialects and follow more than 120 religious faiths. character and resolve will maintain the course of a Nearly 44 per cent of Victorians were born overseas or nation that is a paragon of humanity. have a parent who was born overseas, and there is no doubt in my mind that this cultural make-up has greatly Debate adjourned on motion of Mr McINTOSH enhanced our state. (Minister for Corrections).

As the former American President Jimmy Carter is Debate adjourned until later this day. reported to have once said of multiculturalism: The SPEAKER — Order! The house will pause for We become not a melting pot but a beautiful mosaic. a moment to allow members the opportunity to express Different people, different beliefs, different yearnings, different hopes, different dreams. their condolences to the Consul General. And we have seen multiple countries, multiple political parties and multiple religious leaders join together to send their condolences to the people and the

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Tuesday, 16 August 2011 ASSEMBLY 2533

QUESTIONS WITHOUT NOTICE Shanghai, and the City of Melbourne has an office in Tianjin as part of its sister city relationship. Greyhound Racing Victoria: former chair Beijing is the epicentre of Chinese political power, both Mr HULLS (Niddrie) — My question is to the intellectual and cultural, and all the economy that goes Minister for Racing. I refer the minister to the recent with it. It is no doubt a vital centre of finance, trade and surprise resignation of Mr Nick Caley as chair of commerce, and administration. By being on the ground Greyhound Racing Victoria, and I ask: did Mr Caley in Beijing we will have an opportunity to foster those provide the minister with a reason for his resignation, long-term relationships through the Victorian and if so, will the minister advise the house of that government business representative office and build, as reason? the Speaker well knows, those relationships even further. Unlike the Australian embassy in Beijing, this Dr NAPTHINE (Minister for Racing) — It was a office will operate as a commercial embassy. surprise to me that the chairman of Greyhound Racing Victoria, of his own volition, resigned from his I was also proud to announce that the government will position. I thank him for his service to the greyhound establish a Victoria-Jiangsu Chinese language industry, and I wish him well for the future. A scholarship program. The program will involve up to replacement has been appointed. 50 Victorian students a year and will create opportunities for intensive Chinese language study at a Mr Hulls — On a point of order, Speaker — — Jiangsu-based university. The initiative will build the language capabilities of young professionals and build The SPEAKER — Order! The minister has cultural awareness in China. The scholarships will be concluded his answer. There is no point of order. worth up to $10 000 and will create business, cultural China: trade and educational ambassadors to China. Victoria is taking advantage of the increased Mr BATTIN (Gembrook) — My question is to the opportunities in China. One of the strengths of our Premier. Can the Premier update the house on recent relationship is that there has always been this two-way initiatives the government is taking to promote relationship. In partnership with the Victorian Victoria’s trade relationship with China? government’s Dairy Nutriceuticals to Asia project, Mr BAILLIEU (Premier) — I thank the member Murray Goulburn Co-operative has been able to grow for Gembrook for his question and for his interest in on its success, more than doubling sales in the what is a vitally important relationship between China value-added areas of infant formula and dairy-based and Australia, and in particular between China and adult nutritional powder. It estimates that the recent Victoria. The extraordinary growth that China is announcement will create a further 20 jobs in Victoria experiencing at present is set to establish huge new alone, and a further step is likely to double that. markets into which Victoria can trade both goods and Because of the success of the program, Murray services. The market segment of most appeal to Goulburn is building a new packing plant in the city of Victoria’s industries is anticipated to grow to some Qingdao in China. That plant will increase Murray 700 million-plus people by 2020, which is almost Goulburn’s capacity from one line to six and is yet 10 times what it was in 2005. That creates exceptional another example of the Victorian government working opportunities for Victoria. closely with business to further this relationship.

Thirty-two years ago the visionary Premier Dick Hamer China Southern Airlines, China’s largest commercial established a sister state relationship between Jiangsu airline, is set to double the number of flights between Province and Victoria. That relationship has served us China and Melbourne. Jetstar Airways, a proud well, because it is relationships which count so much in Victorian company, is introducing daily services to developing the relationship with China in terms of Beijing via Singapore. This is an important relationship trade, cultural exchange and economic ties. It is based for Victoria, and we are committed to developing it as on ties of long standing, extending right back to those much as possible. entrepreneurs who came to our goldfields 160 years ago. In that vein I was delighted last week to speak to Greyhound Racing Victoria: former chair the Australia China Business Council and announce Mr HULLS (Niddrie) — My question is to the that the government would be opening a new state of Minister for Racing. I refer to his previous answer, and Victoria representative office in Beijing. The I ask: in fact far from his being surprised about government already has offices in Nanjing and

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2534 ASSEMBLY Tuesday, 16 August 2011

Mr Caley’s resignation, is it not the case that Mr Caley Dr NAPTHINE — As I was saying, the Coffey advised the minister that he resigned as a result of a report commissioned by Greyhound Racing Victoria, press release put out by the minister about Greyhound under the watch of the previous minister and the Racing Victoria, that Mr Caley advised the minister that previous government, was about the rationalisation of such a press release and statements by the minister were racetracks and about closing down local committees. It a complete fabrication and that as a result he was no said you should close greyhound tracks at — — longer prepared to work with the minister? In other words, he accused the minister of telling lies. That is Mr Andrews — On a point of order, Speaker, on why he resigned. the issue of relevance, the question related to the resignation of this individual, not the work of the board Dr NAPTHINE (Minister for Racing) — I thank he is no longer a member of. The question was very the Deputy Leader of the Opposition for his question. tightly worded around the circumstances of the The background to this is, as I outlined to the house resignation. This material is not relevant to the question some weeks ago, that under the previous government that was asked. the Greyhound Racing Victoria board was appointed by the Minister for Racing. The previous chairman of The SPEAKER — Order! There is no point of Greyhound Racing Victoria was personally appointed order. I consider it relevant. by the then Minister for Racing, the member for Niddrie. He personally appointed the previous Dr NAPTHINE — The Coffey report that was chairman of Greyhound Racing Victoria. In September commissioned by Greyhound Racing Victoria — and October last year, under the previous appointed by the previous minister and under the watch government — — of the previous minister — said that you should be closing greyhound tracks at Traralgon, Horsham, Mr Hulls — On a point of order, Speaker, the Cranbourne and Warragul, just the same as when the minister is clearly debating the question. The question previous minister stood by while Wangaratta was is about the reason for Mr Caley’s resignation. Did he closed. The Wangaratta greyhound track was closed. advise the minister that the minister was a liar — — Mr Hulls — On a point of order, Speaker, quite Honourable members interjecting. clearly the minister is debating the question. The question was specifically about Mr Caley’s resignation The SPEAKER — Order! The minister was being and whether the minister indeed has misled the relevant to the question that was asked and giving house — lied to this place — in the contribution he is detail. talking about and whether or not Mr Caley wrote to him and told him that what he said was a fabrication. Dr NAPTHINE — As I was saying, in September and October last year Greyhound Racing Victoria The SPEAKER — Order! A point of order is not an commissioned Coffey Commercial Advisory to opportunity to repeat the question. undertake a review of the organisation. I said in the house the last time we sat — and I do not resile from Dr NAPTHINE — The Coffey report also it — that I find it absolutely impossible to believe that it recommended that local committees of management undertook that major review of Greyhound Racing that run greyhound racing across country Victoria Victoria without the imprimatur of the then Minister for should be abolished for a centralised approach. That Racing, and that was about rationalisation of greyhound was the Coffey report. Our government and I as tracks — — minister totally reject the closing down of country racetracks and the closing down of country race Mr Hulls — On a point of order, Speaker, I do not committees. That is what we totally reject. We totally know if the minister can hear or not, but he is clearly reject that. We support the growth and development of debating the question. The question was about the greyhound racing industry. We want to make Mr Caley’s resignation and whether or not he wrote to sure — — the minister advising the minister as to why he resigned. Mr Andrews interjected.

The SPEAKER — Order! It is not a matter of the The SPEAKER — Order! The Leader of the member for Niddrie repeating the question that he Opposition! asked previously. Dr NAPTHINE — We want to make sure that greyhound racing has a strong and viable future in this

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Tuesday, 16 August 2011 ASSEMBLY 2535 state. The previous government had a history of closing On Friday I had the great pleasure of visiting greyhound tracks at Wangaratta, closing six country Myrtleford in the company of the member for Benalla harness racing tracks, taking away country to announce $300 000 in funding for flood-damaged thoroughbred meetings — — community infrastructure to the tennis club, the caravan park, the memorial hall and supper room, and the Ablett The SPEAKER — Order! The minister is starting pavilion. This is a $400 000 program in all, of which to debate the question. I ask him to answer the question. we are contributing $300 000 in flood recovery money. This funding is part of an overall package we have Dr NAPTHINE — In conclusion let me quote from provided to flood-affected communities. That package the Geelong Advertiser. has various components, including $5 million for the Mr Hulls — On a point of order, Speaker, this is Local Government Clean Up Fund. That has been fully really about the integrity of the minister and whether or committed to the 29 affected communities. That not he has been written to and told that he is a liar — a commitment was made by 30 June this year. liar! Furthermore there is the $4 million Community Recovery Fund, which has approved $2.1 million in The SPEAKER — Order! The member has used funds to 25 flood-affected councils together with that word more than enough times. $318 000 for community organisations.

Mr Hulls — Speaker, the question was specific. It In addition to that a $1.8 million fund has been was not about what is in the Geelong Advertiser; it was established for council-appointed flood recovery about Mr Caley’s resignation and whether or not he officers, who will be appointed to different explained to the minister why he resigned. That is what municipalities to accommodate the problems that have we want an answer to: whether or not Mr Caley said arisen since the flood events. There is a further that the minister was telling lies. $10 million for the Victorian Business Flood Recovery Fund, which has been orchestrated and driven by the The SPEAKER — Order! The member knows that Minister for Innovation, Services and Small Business. It the time to make points of order is not a time to raise has assisted in securing the $3.4 million invested by the same question that he asked previously. True Foods, creating an expected 165 jobs in the flood-affected township of Maryborough. I was Dr NAPTHINE — I refer to an article in the recently in that lovely town to make that Geelong Advertiser dated 10 August, in which Graeme announcement. On top of all that there is the Bate, a leading greyhound trainer, is reported as saying: $30 million Flood Recovery Community Infrastructure … we’re getting great support from the new racing minister, Fund that came into effect on 1 July 2011. This was the Denis Napthine. I like the way he stands up for racing. source of the funding that I announced in the company of the member for Benalla just last Friday. The SPEAKER — Order! The minister’s time has expired. However, the need is ongoing. As members would know, heavy rainfall has caused further flooding over Floods: government assistance the past week in the electorate of the member for Gippsland East, in my own electorate, Gippsland South, Mr BULL (Gippsland East) — My question is to and in adjoining electorates. We have the seven rivers the Deputy Premier as Minister for Police and that flow into the Gippsland Lakes in different stages of Emergency Services. Can he update the house on what flood. I am pleased to say that last Saturday, when I action the coalition government is taking to provide was at the incident control centre in Bairnsdale, the support for flood-affected communities, including in flood warnings had been reduced to moderate on both our own area of Gippsland? the Thomson and Mitchell rivers and the other five rivers, I am pleased to say, had been reduced in their Mr RYAN (Minister for Police and Emergency flows and were no longer causing grave concerns. Services) — I thank the member for Gippsland East for his very timely and appropriate question. The coalition Be that as it may there is an ongoing presence of a lot of government is getting on with the task of providing residual water around the totality of the region. I have Victorian communities with the assistance they need to today provided the appropriate consents to enable recover from floods that occurred all too often 14 emergency grants to be provided to those people throughout Victoria in 2010 and have occurred again who have been affected with water flowing through this year. their homes. Those grants totalled $7040. Most tragically, the floods at Sale claimed the life of David

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2536 ASSEMBLY Tuesday, 16 August 2011

Kelly just last Saturday. Tragically it would seem he Mr Caley to the minister and whether or not he asserted was caught in his vehicle, the vehicle was washed away that the minister’s media release — — and his body was discovered subsequently. The SPEAKER — Order! Points of order are not an The flooding that was witnessed in Gippsland last week opportunity to ask the same question. There is no point is a stark reminder that we need to ensure that the of order. emergency management services in our state are operating at proper capacity and are organised in an Dr NAPTHINE — As I outlined before, the issues appropriate manner. The Comrie report, which was relate to the running of greyhound racing in Victoria. recently released, provides many pointers in that regard. The issues relate to the previous government — — We as a government have every intention of ensuring that the matters that Mr Comrie has raised receive due Honourable members interjecting. attention, with a view to having an all-hazard, The SPEAKER — Order! Obviously the six-week all-agency system operating in our state. break has not done the house much good at all. Members have forgotten to show respect to one another Greyhound Racing Victoria: former chair and to the house. I ask members to come to order and to Mr HULLS (Niddrie) — My question is to the consider their positions a little. If they want to get Minister for Racing. I ask if the minister could advise answers to questions, they have to listen. The minister the house whether or not Mr Caley wrote to him on should be heard in silence. 1 July 2011 stating that the contents of the press release Dr NAPTHINE — The issue relates to the future of put out by him in relation to Greyhound Racing Greyhound Racing Victoria. We on this side of the Victoria (GRV) were a total fabrication, that he viewed house believe that greyhound racing has a strong future, the minister’s action in authorising such a release as a particularly in regional and rural Victoria. The previous gross breach of trust and that he could no longer afford government, under Greyhound Racing Victoria — — to have his business reputation in the hands of someone who treated it with apparent disregard. Mr Andrews — On a point of order, Speaker, the question did not have anything to do with the former Dr NAPTHINE (Minister for Racing) — As I was government. The question related to the resignation of saying before, the former chairman of Greyhound the chairman of Greyhound Racing Victoria. I ask that Racing Victoria, Nick Caley, tendered his resignation you direct the minister to answer the question in of his own volition. The assertions made in the question accordance with the standing orders, which is to say of the member for Niddrie, the Deputy Leader of the that answers must be relevant. The minister’s Opposition, are not true. comments about the previous government are clearly Mr Hulls — Did he write to you? not relevant.

Dr NAPTHINE — Mr Caley wrote to me advising The SPEAKER — Order! I cannot direct the me of his resignation. The issues raised by the member minister to answer the question in any way at all. I can for Niddrie that he expanded on were not entirely in the ask the minister to return to answering the question. content of that letter. The previous chairman of Dr NAPTHINE — To explain the relevance of Greyhound Racing Victoria was appointed by the what I was saying, the Coffey report was commissioned previous minister, and he has resigned. He has been by Greyhound Racing Victoria under the previous replaced by Mr Peter Caillard, who was appointed by government. It was released on the Monday before the me and then reaffirmed by the Governor in Council. He then GRV chairman — — is doing a good job with Greyhound Racing Victoria. Ms Allan — On a point of order, Speaker, the The issues that were raised are the issues that I raised minister is clearly debating the matter before the house. before with regard to the Coffey report, which was The question was not about the report that was commissioned by the previous government and presented to the previous government. In any case that Greyhound Racing Victoria, where they came forward is not a matter for the consideration of this Parliament. with a report — — The matter is about the minister receiving a letter from Mr Hulls — On a point of order, Speaker, as you Mr Coffey — — would know, the minister is now debating the question. An honourable member — Mr Coffey? This question was not about any Coffey report. It was about what was in the letter that was written by

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Tuesday, 16 August 2011 ASSEMBLY 2537

Ms Allan — Sorry, Mr Caley. maintaining stable and responsible economic management. Over the last two weeks the government An honourable member — We’re only here to has been out selling that message with officials from help. the Department of Treasury and Finance, the Treasury Corporation of Victoria and the Victorian Funds Ms Allan — You would want to help your mate Management Corporation. We visited and had great over there, I tell you! The matter is about the contents discussions with investors and businesses in China, of that letter. Japan, the UK, France and Germany. We were able to The SPEAKER — Order! I ask the member for sell to potential investors the advantages of investing in Bendigo East to come to her point of order. Victoria, with its strong financial position, AAA credit rating and diverse and flexible economy. Ms Allan — My point of order is that the minister is debating the question. He should be brought back to It is important to build relationships with global parent providing an answer that is related to the question. companies, many of which invest in Victoria. It was also a great opportunity to hear firsthand the accounts The SPEAKER — Order! I do not uphold the point of the current global financial crisis. There is great of order, but I ask the minister to return to answering interest in Victoria with regard to public-private the question. partnerships and investment opportunities. For example, there was great interest in the Bendigo Dr NAPTHINE — I am supplying the context of hospital. this resignation. The Coffey report was commissioned under the previous government — — The Premier mentioned in his answer to an earlier question the interest of China and Japan in buying our Mr Andrews interjected. food, value-adding to that food and selling it to their markets. As a government we will continue to secure The SPEAKER — Order! The Leader of the more investments and expand on those businesses that Opposition! are already investing in Victoria.

Dr NAPTHINE — It was not released publicly I met with NTT Data, which is building the myki until the last Monday in June of this year. It was system, Keolis, International Power, Alstrom and released at a meeting of all Greyhound Racing Victoria General Motors, among others. There was great interest clubs with the GRV chairman and CEO, which was in what the Baillieu government is doing with regard to held in Geelong on the Monday night of that week. I promoting growth, cutting red tape and boosting attended that meeting. When the report was released I productivity. There is no doubt that this government has made it very clear that this government and I as a strong commitment to promote, and we had a great Minister for Racing totally reject two of the four message to sell: low debt, a AAA credit rating and an significant recommendations — that is, closing country ongoing surplus. But there is one very dark cloud on the tracks and sacking local committees. That is the horizon which we were asked about over and over context. That was on the Monday night. Later that week again, and that was the carbon tax. The one exception I was at Sandown races with Mr Caley — — was the uncertainty regarding the carbon tax, and it was mentioned over and over again — — The SPEAKER — Order! The minister’s time has expired. Ms Allan interjected.

Economy: government initiatives The SPEAKER — Order! If the member for Bendigo East wants to stay in, she will be quiet. Mr THOMPSON (Sandringham) — My question without notice is directed to the Treasurer. Would the Mr WELLS — It was pointed out over and over Treasurer report to the house on his recent overseas trip again that if there was one disincentive to investing in and opportunities to continue to grow the Victorian Victoria, it was the issue of the carbon tax. As one economy? banker pointed out to me, the carbon tax is like trying to air-condition your backyard. That was not from us; that Mr WELLS (Treasurer) — I thank the member for was from the bankers in Europe. We made it very clear Sandringham for his question. Recently we have seen that the Baillieu government will be fighting tooth and significant uncertainty in overseas markets. Victoria is nail against the carbon tax in order to protect Victorian not immune to those global events. The Baillieu government has to respond to those challenges by

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2538 ASSEMBLY Tuesday, 16 August 2011 jobs and the Victorian economy. We could not think of boundary expansion process. Submissions will be a worse time to introduce a carbon tax. assessed by the Growth Areas Authority and reviewed by an independent advisory committee, which is subject In the last fortnight Fortune magazine has identified to a probity process. Melbourne as one of the top 15 global cities regarded by CEOs as the best cities in which to do business. It is Ms Allan — On a point of order, Speaker, the vitally important that we sell the attributes of this great Premier is clearly reading from a document. It is a state. document that relates to the process around the review of green wedges. I would appreciate it if, to assist the Planning: green wedge logical inclusions opposition to be clear on this policy, he would make the document available for the benefit of the house. Ms HENNESSY (Altona) — My question is to the Premier. I refer to the government’s review of the The SPEAKER — Order! I ask the Premier if he is logical inclusions in the green wedge planning policy, reading from a document. and I ask: given the close links between Liberal Party fundraising body Business First and property owner Mr BAILLIEU — I am referring to notes. Paul Smith and his brother, how will the Premier guarantee that the highest standards of probity will The SPEAKER — Order! The Premier is referring apply in relation to the future of the Din San nursery to notes. site? Mr BAILLIEU — In regard to non-growth areas, Mr BAILLIEU (Premier) — I am only too happy to there is an urban growth boundary review that is driven answer this question; I think the Minister for Planning by councils, and only councils can make a submission has been asked about these issues in the other chamber on that — not individuals, not land-holders, only today. The coalition government is committed to councils. That too will have a transparent process restoring confidence, certainty, transparency and attached to it. accountability to the planning system in this state. The planning minister has made it very clear there are three Public holidays: regional and rural Victoria reviews to which we are committed. They are the Mr BLACKWOOD (Narracan) — My question is logical inclusions process, the non-growth areas UGB to the Minister for Innovation, Services and Small (urban growth boundary) review and a green wedge Business. Can the minister update the house on zone audit. With regard to logical inclusions, the arrangements for regional Victorian public holidays in process seeks to repair and address the damage, public lieu of Melbourne Cup Day? distrust and secrecy that surrounded the expansion of the urban growth boundary under the former Ms ASHER (Minister for Innovation, Services and government — — Small Business) — I would like to thank the member for Narracan for his very important question and for his Ms Hennessy — On a point of order, Speaker, on support of regional areas. As members of the house the grounds of relevance, the Premier was asked about would be aware, on Thursday, 2 June, the Legislative standards of probity and the relationship with a Council passed the Public Holidays Amendment Bill significant Liberal Party fundraising body. We do not 2011, which gave regional councils the right to make necessarily want a walk down policy lane around their own arrangements in relation to substitute logical inclusions. arrangements for Melbourne Cup Day. The bill gave The SPEAKER — Order! What is the member’s regional councils the right to request a two half-days point of order? arrangement, a one full day arrangement, a full-shire arrangement or a part-shire arrangement for their Ms Hennessy — We want to know how the Premier substitute public holidays. In other words, the Baillieu is going to meet his commitment to the highest government has allowed councils complete flexibility standards of probity. in their choice of what local shows and what local race days they wish to support. The ALP did not do this The SPEAKER — Order! I believe the Premier when in government. was being relevant to the question asked. I am delighted to inform the member for Narracan and Mr BAILLIEU — In regard to logical inclusions, the house that as a consequence of that bill passing, the process relates to growth area councils only and 16 local race days and agricultural shows will be submissions received as part of the 2009 urban growth marked by public holidays in 2011. The number of

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Tuesday, 16 August 2011 ASSEMBLY 2539 regional councils applying to the government to request developers and donors to the Liberal Party in the alternative arrangements has jumped from 4 under the south-east? previous government to 16 under this government. Mr BAILLIEU (Premier) — What an extraordinary To provide more information to the house, these local question, without any foundation! The logical shows and race days have been supported under the inclusions process and the policy was announced before Baillieu government’s new act: the Ballarat Show, the the election, and we have had enormous support for that Colac Show, the Royal Geelong Show, the Kerang policy. The logical inclusions policy — — Show, the Bendigo Cup, the Warrnambool Cup, the Geelong Cup, the Wycheproof Show, Pinnaroo Show Honourable members interjecting. Day, Kyneton Cup Day, the Rainbow Agricultural and Pastoral Society Show, the Nhill Agricultural and The SPEAKER — Order! The house will come to Pastoral Society Show, the Numurkah Show, the order so we can hear the answer, and members will Rupanyup Show, the Murtoa Show and the remain silent until the Premier has finished. Warracknabeal Show. All of these shows and race days Mr BAILLIEU — That response has been very have now been supported by the government’s positive and sensible. The interesting thing is that in legislation, which is allowing local businesses to benefit March this year a letter was written to the planning from these public holidays. minister and that supported the inclusion of the By way of further information to the house, advise that Waverley Golf Club inside the urban growth boundary. the Shire of Golden Plains made its selection of the Indeed that letter indicated that it would be an Ballarat Show and the Royal Geelong Show after appropriate logical inclusion. writing to all the schools in its shire, asking which Mr Andrews interjected. events should be supported. This is grassroots democracy at its best, I would have thought. The Moira The SPEAKER — Order! The Leader of the Shire Council reinstated the recognition of the Opposition! I will not warn him again. Numurkah Show Day after receiving a petition of some 1750 signatures. Again, to look at some other examples, Mr BAILLIEU — The Leader of the Opposition the Gannawarra Shire Council has asked for a two clearly misses being on this side of the house. half-days arrangement — Tuesday, 4 October, for the Kerang Show and Tuesday, 1 November, for Ms Hennessy — On a point of order, Speaker, the Melbourne Cup Day. Premier is clearly debating the question. My question related to the participation of Liberal Party fundraiser Honourable members interjecting. Geoff Leigh in the Liberal Party’s logical inclusions policy. I ask that you direct him to come back to Ms ASHER — The opposition is not interested in answering the question and not to debate the question. this good news about allowing country councils to support their local shows and race days. The Pyrenees The SPEAKER — Order! I do not uphold the point Shire Council is supporting the Ballarat Show in certain of order. I call on the Premier to return to answering the areas of that shire. It is now supporting local shows, question. which compares to the circumstances in 2009 and 2010, when it did not. The celebrations of all these events are Mr BAILLIEU — I have already answered that on a much firmer footing, with much better benefits for part of the question. I am making the point that the business, because of the work of rural Liberal and logical inclusions policy, which we released before the Nationals MPs and the Baillieu government. election — and I suspect that the opposition does not recognise that it actually lost the election — has been Planning: green wedge logical inclusions supported, including by the person who wrote to the minister in March calling for a logical inclusion. Ms HENNESSY (Altona) — My question is to the Premier. Will the Premier confirm that Mr Geoff Leigh Mr Andrews interjected. and the Parliamentary Secretary for Education, Mrs Peulich, a member for South Eastern Metropolitan Mr BAILLIEU — The opposition leader is correct; Region in the Legislative Council, participated in the it was the member for Monbulk. development of the green wedge logical inclusions Mr Merlino — On a point of order, Speaker, I still Liberal Party planning policy, which is set to benefit have not received a response from the minister. Perhaps

COMMERCIAL ARBITRATION BILL 2011

2540 ASSEMBLY Tuesday, 16 August 2011 if I was a member of Business First I might have got a Mr Hulls — On a point of order, Speaker — — reply Honourable members interjecting. The SPEAKER — Order! I am sure the member will not be surprised to hear that there is no point of The SPEAKER — Order! When I call the member order. for Niddrie he can make a point of order. When I get quiet in the chamber I will call the member. The Mr BAILLIEU — There is nothing like Monbulk member for Niddrie, on a point of order. jam, Mr Speaker. As I say, our logical inclusions policy, open and transparent, has been supported by the Mr Hulls — My point of order is that the minister is member for Monbulk, and it is only right that he be now clearly debating the question. She is obviously the included, indeed logically included, in the support for a Nadia Comaneci of Spring Street. She has done a policy which has been warmly welcomed by the backflip with pike, and she has embarrassed — — community. Honourable members interjecting. Libraries: funding The SPEAKER — Order! The member’s point of Ms MILLER (Bentleigh) — My question is to the order is also very embarrassing. He has been here long Minister for Local Government. Can the minister enough to understand that points of order are not an advise the house on additional funding being provided opportunity to have a go at a minister. by the coalition government to support libraries in Mrs POWELL — In addition to that good news, Victoria? the government has allowed $17.2 million in the budget Mrs POWELL (Minister for Local Government) — under the Living Libraries infrastructure program as I thank the member for Bentleigh for her question and well as $4.5 million for the Premier’s Reading for her interest in libraries, which members on this side Challenge. This is a great thing for country and city of the house obviously have. We have had a significant libraries. They really appreciate it, and they are really announcement made about libraries. On 4 August I was sad that the former government would not allow them delighted to announce that the coalition government the funding. will inject an additional $6.5 million into recurrent The SPEAKER — Order! I am sure everybody will funding for local libraries over the next three years. The be disappointed to know that the time for questions has $6.5 million additional funding has been warmly run out. welcomed by the councils — — Sitting suspended 6.29 p.m. until 8.02 p.m. Ms Allan — On a point of order, Speaker, in the spirit of providing context to her answer, as was provided by the Minister for Racing earlier, perhaps the COMMERCIAL ARBITRATION BILL 2011 Minister for Local Government could remind us of the $5 million that was cut from libraries. Introduction and first reading

The SPEAKER — Order! There is no point of Mr CLARK (Attorney-General) — I move: order, and I am sure the member is well aware of that. Any more points of order like that will not be looked That I have leave to bring in a bill for an act relating to the conduct of commercial arbitrations, to repeal the Commercial upon favourably. Arbitration Act 1984 and for other purposes. Mrs POWELL — The $6.5 million of additional Ms HENNESSY (Altona) — I ask the funding has been warmly welcomed by everyone who Attorney-General for a brief explanation of the bill. has an interest in libraries. Mr CLARK (Attorney-General) — This bill brings Mr Wynne interjected. Victoria into line with the model legislation relating to commercial arbitration that was agreed at the national The SPEAKER — Order! The member for level some time ago and will therefore help reinstate Richmond is on a warning. Victoria’s position in relation to being a suitable venue Mrs POWELL — This was money that the for dispute resolution, an advantage that unfortunately previous Labor government intended to deny our local we have allowed to slip over recent years. libraries. Motion agreed to.

PARLIAMENTARY SALARIES AND SUPERANNUATION FURTHER AMENDMENT BILL 2011

Tuesday, 16 August 2011 ASSEMBLY 2541

Read first time. Motion agreed to.

Read first time. PARLIAMENTARY SALARIES AND SUPERANNUATION FURTHER AMENDMENT BILL 2011 NOTICES OF MOTION

Introduction and first reading Notices of motion given.

Mr McINTOSH (Minister for Corrections) — I The SPEAKER — Order! I say to the member of move: the gallery who just took that photograph that you are not allowed to take photographs in here. If you do it That I have leave to bring in a bill for an act to amend the again, you will be out and we will take your camera Parliamentary Salaries and Superannuation Act 1968 and for away from you. other purposes. Further notices of motion given. Ms HENNESSY (Altona) — I ask the minister for a brief explanation of the bill. PETITIONS Mr McINTOSH (Minister for Corrections) — This bill will set the level of parliamentary salaries for the Following petitions presented to house: forthcoming year and provide for a capped increase of 2.5 per cent. Greensborough College: funding

Motion agreed to. To the Legislative Assembly of Victoria:

Read first time. The petition of certain citizens of the state of Victoria draws to the attention of the house the need for significant upgrades of facilities at Greensborough College.

RESOURCES LEGISLATION In particular, we note: AMENDMENT BILL 2011 1. the poor conditions of the current Greensborough College facilities, and in particular the state of disrepair Introduction and first reading of a number of buildings;

Mr O’BRIEN (Minister for Energy and 2. that these poor conditions and insufficient facilities are Resources) — I move: adversely affecting the education and learning experience of the students attending Greensborough That I have leave to bring in a bill for an act to amend the College; Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources Amendment (Sustainable Development) 3. the previous Labor government pledged to rebuild Act 2010, the Geothermal Energy Resources Act 2005, the Greensborough College during the 2010 election Greenhouse Gas Geological Sequestration Act 2008, the campaign. Pipelines Act 2005 and the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and for other purposes. The petitioners therefore request that the Legislative Assembly urge the Baillieu government to urgently fund the Ms D’AMBROSIO (Mill Park) — I ask the much-needed upgrade of Greensborough College. minister for a brief explanation of the bill. By Mr BROOKS (Bundoora) (27 signatures). Mr O’BRIEN (Minister for Energy and Resources) — I will be brief. This is a bill which makes Electricity: smart meters certain amendments to tidy up some issues that were To the Legislative Assembly of Victoria: raised by amendments to the Mineral Resources (Sustainable Development) Act 1990 last year. It also The petition of the residents of Victoria draws to the attention clarifies the authority of the Department of Primary of the house the infringement on our right to live freely and securely and to choose what we are subjected to in our homes Industries in relation to geothermal exploration and and businesses by the continued compulsory installation of makes amendments in relation to clarifying procedures smart meters (AMI) without an ‘opt-out’ provision for under the Pipelines Act 2005 and generally improves customers or full disclosure of future costs and possible health and clarifies certain matters which affect mineral and environmental risks that smart meters may impose. resources development in the state.

PETITIONS

2542 ASSEMBLY Tuesday, 16 August 2011

The petitioners therefore request that the Legislative We, the undersigned, appreciate the natural beauty of the Surf Assembly of Victoria immediately: Coast, and as a major retail centre of the region, recognise that banning plastic shopping bags in the Torquay-Jan Juc 1. issue a halt to the mandated installation of smart meters area will be a significant step towards saving our natural (AMI); environment. We fully support the ban of single-use shopping bags and believe that such an action would be reinforced by 2. direct all power companies to offer a permanent the enactment of state-based legislation to this effect. ‘opt-out’ for all customers; The petitioners therefore request that the Legislative 3. require letters to be sent to all customers informing them Assembly of Victoria implement legislation banning that radiofrequency radiation (RF) is classified by the single-use shopping bags in retail outlets throughout Victioria World Health Organisation as a 2B carcinogen, and by the end of 2011. smart meters emit RF; By Mr KATOS (South Barwon) (1066 signatures). 4. make provisions to customers who have had smart meters installed and would like them removed, to Roads: truck action plan reinstall dial or non-wireless interval meters at the option of the customer and at no cost. To the Legislative Assembly of Victoria:

By Mr PERERA (Cranbourne) (46 signatures). The petition of certain citizens of the state of Victoria draws to the attention of the house the need for the Baillieu Bair Street, Leongatha: traffic management government to commit to redirect trucks away from local residential streets in the inner west of Melbourne. In To the Legislative Assembly of Victoria: particular, we support previously announced plans to build:

The petition of the undersigned citizens of the state of 1. on and off ramps from the West Gate Freeway along a Victoria draws to the attention of the house the concerns of dedicated truck corridor to Melbourne’s port precinct the residents of Leongatha at the increased number of heavy (truck action plan); vehicles travelling through Bair Street, Leongatha. 2. the WestLink road tunnel as an alternative to the West The petitioners therefore request the Victorian government to Gate Bridge. fund the alternate route as shown on the Leongatha structure plan and adopted by the South Gippsland Shire Council as an The petitioners therefore request that the Legislative alternate route for heavy vehicles. Assembly urges the Baillieu government to commit funding to build the truck action plan and WestLink. By Mr RYAN (Gippsland South) (117 signatures). By Mr NOONAN (Williamstown) (16 signatures). Fishing: Arch Rock and Point Smythe Bayside P–12 College: facilities To the Legislative Assembly of Victoria: To the Legislative Assembly of Victoria: The petition of residents and visitors of Venus Bay, South Gippsland, Victoria, draws to the attention of the house the The petition of certain citizens of the state of Victoria draws unsustainable harvesting of pipis and the associated excessive to the attention of the house a decision by the Baillieu strain put on existing beach car parks, roadways, toilet and government to reduce the scope of Bayside college’s stage 2 waste facilities during the busy summer period. building works at the Newport campus.

The petitioners therefore request that the Legislative In particular, we note that this decision will result in: Assembly of Victoria enact laws or regulations affecting the intertidal zone between Arch Rock and Point Smythe to 1. a reduction in the planned building upgrade to the restrict the taking of pipis, with the current catch limits, to a Paisley campus; season extending from May to September. 2. ageing buildings receiving a facelift, rather than being By Mr RYAN (Gippsland South) (500 signatures). rebuilt. The petitioners therefore request that the Legislative Torquay-Jan Juc: plastic bags Assembly urge the Baillieu government to reverse its plans to reduce the scope of Bayside college’s stage 2 building works To the Legislative Assembly of Victoria: at the Newport campus. The petition of residents of Torquay and Jan Juc draws to the By Mr NOONAN (Williamstown) (18 signatures). attention of the house:

Subsequent to the successful implementation of bans on Maltese Association of Hobsons Bay: car single-use plastic shopping bags in retail outlets by various parking local and state governments throughout Australia and the world, the residents of Torquay and Jan Juc have commenced To the Legislative Assembly of Victoria: a campaign to implement a similar ban in the Torquay-Jan Juc region. The intention is for the Torquay-Jan Juc area to be The petition of certain citizens of the state of Victoria draws single-use plastic shopping bag free by 2011. to the attention of the Legislative Assembly the request by the

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE

Tuesday, 16 August 2011 ASSEMBLY 2543

Maltese Association of Hobsons Bay that the Baillieu state Ordered that petition presented by honourable government release a portion of land at the former Eastona member for Yan Yean be considered next day on Park Primary School site to be used for car parking by visitors to the neighbouring Maltese Association hall. motion of Ms GREEN (Yan Yean).

In particular, we note that: Ordered that petition presented by honourable member for South Barwon be considered next day 1. visitors currently compete with residents for on-street parking; on motion of Mr KATOS (South Barwon).

2. a dedicated car park will provide an alternative to on-street parking; SCRUTINY OF ACTS AND REGULATIONS COMMITTEE 3. the land in question is already asphalted and suitable for parking. Alert Digest No. 8 The petitioners therefore request that the Legislative Assembly urges the Baillieu government to release a portion Ms CAMPBELL (Pascoe Vale) presented Alert of land from the former Eastona Park Primary School site to Digest No. 8 of 2011 on: be used for car parking by visitors to the neighbouring Maltese Association hall. Aboriginal Heritage Amendment Act 2011 By Mr NOONAN (Williamstown) (1163 signatures). Farm Debt Mediation Bill 2011 Drugs, Poisons and Controlled Substances Churinga Employment Support Services: Amendment (Drugs of Dependence) Bill 2011 future Justice Legislation Amendment (Infringement Offences) Act 2011 To the Legislative Assembly of Victoria: Justice Legislation Amendment (Protective The petition of certain citizens of the state of Victoria calls on Services Officers) Bill 2011 the Baillieu government to halt the closure of St John of God Local Government Amendment (Electoral Services Vic: Churinga Employment Support Services, Matters) Bill 2011 108–130 Diamond Creek Road, Greensborough. Transport Legislation Amendment (Public In particular, we note: Transport Safety) Bill 2011

1. Churinga currently provides a service to 140 adults with together with appendices. intellectual and physical disabilities with age ranges between 18 to 60 years of age; Tabled. 2. the closure of Churinga will cause great distress to the participants and families who have established strong Ordered to be printed. friendships through their involvement at Churinga and who do not respond easily to change; DOCUMENTS 3. the closure of Churinga will mean that families across the northern suburbs caring for adult children with Tabled by Clerk: disabilities will have no appropriate service. Bushfires Royal Commission Implementation Monitor Act The petitioners therefore request that the Legislative 2011 — Bushfires Royal Commission Implementation Assembly of Victoria urge the Baillieu government to work Monitor Progress Report under s 21 with the community to save the Churinga service. Crown Land (Reserves) Act 1978 — Orders under s 17B By Ms GREEN (Yan Yean) (1476 signatures). granting licences over: Tabled. Lorne Foreshore Reserve

Ordered that petition presented by honourable Winchelsea Public Park. member for Bundoora be considered next day on Interpretation of Legislation Act 1984 — Notices under motion of Mr BROOKS (Bundoora). s 32(3)(a)(iii) in relation to Statutory Rules 20, 21, 22, 23, (Gazette G29, 21 July 2011); 56, 73 (Gazette G31, 4 August Ordered that petitions presented by honourable 2011) member for Williamstown be considered next day Land Acquisition and Compensation Act 1986 — Certificates on motion of Mr NOONAN (Williamstown). under s 7.

DOCUMENTS

2544 ASSEMBLY Tuesday, 16 August 2011

Melbourne Cricket Ground Trust — Report year ended West Wimmera — C22 31 March 2011 Whitehorse — C139, C141 Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Whittlesea — C77, C128, C143, C152

Banyule — C70 Part 2 Wyndham — C115, C123, C149, C152

Bayside — C105 Yarra — C102, C110, C145

Boroondara — C69 Yarra Ranges — C76, C89 Part 2, C114

Cardinia — C152 Yarriambiack — C16

Colac Otway — C61 Prevention of Cruelty to Animals Act 1986 — Code of Practice for Training Dogs and Cats to Wear Electronic East Gippsland — C92 Collars

Frankston — C60 Statutory Rules under the following Acts:

Glen Eira — C60 Agricultural Industry Development Act 1990 — SR 38

Golden Plains — C45 Building Act 1993 — SRs 48, 49, 73

Greater Bendigo — C144, C165 Control of Weapons Act 1990 — SR 50

Greater Dandenong — C145 Country Fire Authority Act 1958 — SR 60

Greater Geelong — C196, C198, C202, C256 Crown Land (Reserves) Act 1978 — SR 41

Hobsons Bay — C73 Environment Protection Act 1970 — SR 45

Hume — C155 Fair Trading Act 1999 — SR 80

Kingston — C105 Forests Act 1958 — SR 42

Knox — C84, C104 Funerals Act 2006 — SR 71

Latrobe — C39 Part 1 Infringements Act 2006 — SRs 39, 67

Macedon Ranges — C72, C78 Juries Act 2000 — SRs 68, 69

Manningham — C93 Land Act 1958 — SR 40

Maribyrnong — C85, C94, C99 Liquor Control Reform Act 1998 — SR 70

Maroondah — C69, C79 Magistrates’ Court Act 1989 — SRs 54, 55, 58, 59

Melbourne — C143, C156, C165, C182 Metropolitan Fire Brigades Act 1958 — SR 61

Melton — C80, C103, C106 National Parks Act 1975 — SR 43

Mitchell — C71 Planning and Environment Act 1987 — SR 63

Monash — C81, C85 Public Health and Wellbeing Act 2008 — SRs 57, 72

Moreland — C112 Part 1, C120, C124 Regional Growth Fund Act 2011 — SR 65

Mornington Peninsula — C119 Road Safety Act 1986 — SRs 51, 62, 66

Mount Alexander — C50 Subdivision Act 1988 — SR 64

Pyrenees — C25 Part 2 Subordinate Legislation Act 1994 — SR 52

Stonnington — C89, C150, C160 Supreme Court Act 1986 — SRs 53, 77, 78

Surf Coast — C70 Tobacco Act 1987 — SR 47

Swan Hill — C38 Transport (Compliance and Miscellaneous) Act 1983 — SRs 74, 75, 76 Wellington — C50 Part 2, C66 Victorian Energy Efficiency Target Act 2007 — SR 56

GOVERNOR’S SPEECH

Tuesday, 16 August 2011 ASSEMBLY 2545

Water Act 1989 — SR 79 ROYAL ASSENT Wildlife Act 1975 — SR 44 Message read advising royal assent on 5 July to: Zoological Parks and Gardens Act 1995 — SR 46 Terrorism (Community Protection) Amendment Subordinate Legislation Act 1994: Bill 2011 Documents under s 15 in relation to Statutory Rules 38, Transport Legislation Amendment (Taxi Services 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, Reform and Other Matters) Bill 2011 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, Victorian Urban Development Authority 71, 72, 73, 74, 75, 76, 80 Amendment (Urban Renewal Authority Guidelines under s 26 Victoria) Bill 2011.

Legislative instrument and related documents under s 16B. APPROPRIATION MESSAGES The following proclamations fixing operative dates Message read recommending appropriation for were tabled by the Clerk in accordance with an order of Farm Debt Mediation Bill 2011. the House dated 8 February 2011:

Fisheries Amendment Act 2011 — Whole Act — 1 August 2011 (Gazette S237, 19 July 2011) PARLIAMENTARY PRIVILEGE Justice Legislation Amendment Act 2011 — Whole Act — Complaint: misleading the house 1 August 2011 (Gazette S245, 26 July 2011)

Transport Legislation Amendment (Taxi Services Reform and The SPEAKER — Order! I inform the house that Other Matters) Act 2011 — Part 1 and sections 3, 4, 7, 9, the member for Northcote lodged with me on 4 July 15(1), 52 to 58 and 102 — 19 July 2011; remaining 2011 written notification of a complaint against the provisions of Part 2 — 1 August 2011 (Gazette S236, 19 July member for Mount Waverley. The complaint alleges 2011). that the member has committed a contempt of the house by deliberately misleading the house in a personal GOVERNOR’S SPEECH explanation he gave on Wednesday, 29 June 2011. Address-in-reply The letter from the member for Northcote is as follows: I write to bring to your attention a serious matter concerning The SPEAKER — I presented to the Governor on the member for Mount Waverley. 18 July 2011 the address of the Legislative Assembly, agreed to on 30 June 2011 in reply to the former On Wednesday last week, Mr Gidley confronted two people who were handing out material outside Parliament station. Governor’s speech on the opening of Parliament. The His behaviour, witnessed by a number of people, was entirely Governor was pleased to make the following reply, inappropriate and all the more disappointing given his current which is addressed to the Speaker and members of the role as a member of the Victorian Parliament. Legislative Assembly: Later that day, Mr Gidley gave a personal explanation to the In the name and on behalf of Her Majesty the Queen I thank house. I believe that a prima facia case exists that the member you for your expressions of loyalty to our Most Gracious for Mount Waverley has wilfully and deliberately misled the Sovereign contained in the address you have just presented to house in this matter. me. In particular, I draw your attention to his interaction with I fully rely on your wisdom in deliberating upon the important Metro staff. In his personal explanation Mr Gidley alleged measures to be brought under your consideration, and I that: earnestly hope that the results of your labours will be I then sought advice from authorised officers at the conducive to the advancement and prosperity of this state. station on the distribution of that information, because I It is signed Alex Chernov, Governor of Victoria. do not believe it is appropriate for commuters to be approached in this manner by people distributing such information. The officers checked with station officials and advised me that it was inappropriate for the information to be distributed in the station precinct. They also advised me that under Melbourne City Council regulations such distribution is unlawful without an advertised permit. (Legislative Assembly Hansard 29 June 2011).

PARLIAMENTARY PRIVILEGE

2546 ASSEMBLY Tuesday, 16 August 2011

Contrary to Mr Gidley’s account, Metro spokeswoman and that precedence should be given to the matter being Geraldine Mitchell stated that: considered by the house. But Metro spokeswoman Geraldine Mitchell said the ticket inspector told a concerned Mr Gidley the pair Ms RICHARDSON (Northcote) — I move: were not on ‘Metro land’. That the complaint raised by the member for Northcote on Ms Mitchell confirmed that the land was not Metro’s 16 August 2011 be referred to the Privileges Committee for and said the inspector had told Mr Gidley to contact the examination and report. council if he had other concerns — The Age, 30 June 2011. Firstly, I would like to thank you, Speaker, for considering this matter and concluding that a prima In short, Metro did not in any way suggest that the behaviour facie case exists for this house to consider. In was ‘inappropriate’, nor did they advise that council regulations deemed the distribution ‘unlawful’. determining the matter I understand that it was open to you to conclude that the matter had been raised in the Further, in relation to the interaction between Mr Gidley and Parliament by me and that it perhaps had not come to the persons concerned, in his statement to Parliament you at the earliest opportunity, but given how Mr Gidley claimed that: infrequently these matters are brought before the During my conversation with these people I did not raise Parliament I appreciate your patience and forbearance. my voice or behave in an inappropriate manner. Rest assured that, if in future I ever find myself in this Contrary to Mr Gidley’s statement, an independent position again, I will heed the advice that you gave to eyewitness offered the following account: me. The encounter was partially witnessed by Channel 7 As I said, motions referring a member to the Privileges reporter Brendan Donohoe, who contradicted Committee are extremely rare. Even rarer are motions Mr Gidley’s claim that he did not raise his voice. Donohoe told the Age he was walking up the stairs when relating to a member deliberately misleading the house. he saw Mr Gidley yelling at the pair while waving his Since the 1970s in fact there have been only four mobile phone. ‘He was yelling something like, “I will motions that have been brought before the Parliament report you”’, he said. ‘It was quite loud and that’s what relating to a member deliberately misleading the house. drew my attention to it. The girl was shaking’ — The Age, 30 June 2011. Of these four motions that have come here, only one has been referred to the Privileges Committee, so we Mr Gidley’s account has also been contradicted by those are dealing here with an event whose severity is directly involved, who stated that his behaviour was underlined by its rarity. Erskine May deals directly with threatening and that he only desisted once it was suggested that the police be called. this kind of breach — namely, deliberately misleading the house — stating on page 254 that the House of In his statement to the Parliament, Mr Gidley also said that: Commons may treat the making of a deliberately misleading statement as a contempt. Again, that is as it She [the female person] did confirm that she worked for the member for Northcote. should be.

Again, Mr Gidley’s account has been contradicted by those Each of us here is engaged in some pretty robust involved, not surprisingly given that the person referred to debates at times, and the public often despairs at how does not, nor ever has, worked for me. we conduct ourselves in this place, with the It is clear that this demonstrates that a prima facie case exists name-calling and the like that goes on, but it is typical that the member for Mount Waverley has both wilfully and of the cut and thrust of parliamentary debate. It is also deliberately misled the house in this matter. true to say that more often than not we actually I therefore seek that under Speakers rulings (chapter 21 — wholeheartedly agree with one another, and again that procedures — part 6) that you deem that a matter of privilege is perhaps not reported in the media. But whether we exists and that you grant that the matter be listed for are shaking hands or shaking fists at one another, we all precedence following my notice of motion and that it be sent rely on a basic principle in this house, and it is simply to the Legislative Assembly Privileges Committee for their this: that all members tell the truth. The people of urgent consideration. Victoria expect nothing less from us, and in fact the The role of the Chair in this matter is to determine Parliament mirrors and endorses this basic principle. whether the complaint raised falls within the category Indeed when the Speaker determines that such a of a contempt. The House of Commons has treated the contempt may have taken place the normal business of matter of a deliberately misleading statement as the Parliament is suspended and the motion is debated contempt, and I am satisfied that the matter raised falls immediately by the house. This is the seriousness with within the category of such a contempt. I am also which such matters are considered. satisfied that a prima facie case has been established

PARLIAMENTARY PRIVILEGE

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So what happened? What were the events that preceded from his behaviour when they suggested that the police the decision of the Speaker that there was a prima facie should be called. case that needed to be brought to the attention of the house? During the morning and afternoon peak The second misleading statement that I want to bring to transport periods of the days from 28 to 30 June Labor the attention of the house concerns that which has been volunteers distributed a DL card that highlighted the contradicted quite clearly by a spokesperson for Metro budget. In particular it highlighted the public transport Trains Melbourne. After describing how he received commitments that were simply not there in the Liberal the brochure from one of the volunteers, the member budget passed in May. for Mount Waverley stated:

On the morning of Wednesday, 29 June, a female I then sought advice from authorised officers at the station on the distribution of that information, because I do not believe it volunteer was approached by the Liberal member for is appropriate for commuters to be approached in this manner Mount Waverley who, in my view and in the view of by people distributing such information. The officers checked others who were present, shouted at and bullied her with station officials and advised me that it was inappropriate before chasing her around the forecourt outside for the information to be distributed in the station precinct. They also advised me that under Melbourne City Council Parliament station with his mobile phone camera. She regulations such distribution is unlawful without an advertised was very clearly shaken by this event. The permit. confrontation was witnessed in part by a journalist, Brendan Donohue, who confirmed the account of Again in direct contradiction to the account of the events put forward by the volunteer who was chased member for Mount Waverley it was reported in the Age and by the other volunteer who was present. In on the following day that a very different exchange had response to a members statement made by me the taken place between the member for Mount Waverley member for Mount Waverley made a personal and Metro staff. The report says: explanation in the house under standing order 123. … Metro spokeswoman Geraldine Mitchell said the ticket Subsequently this statement was contradicted by Metro inspector told a concerned Mr Gidley the pair were not on Trains Melbourne spokespeople, Brendan Donohoe and ‘Metro land’. of course the two volunteers who were present. Ms Mitchell confirmed that the land was not Metro’s and said I would like to address the detail of the statement the the inspector had told Mr Gidley to contact the council if he had other concerns. member for Mount Waverley made in the house on that day. In relation to the interaction between him and the In short, Metro staff did not in any way suggest that the two volunteers, in his statement to the Parliament he behaviour was inappropriate or that the two volunteers claimed: needed to be sent off Metro land. They did not advise that council regulations deemed the distribution of the During my conversation with these people I did not raise my voice or behave in any inappropriate manner. material to be unlawful. There is very clearly a contrary account in the Age of Mr Newton-Brown — On a point of order, the following day. It states: Speaker, the member for Northcote has not made it clear whether she is relaying the information as having The encounter was partially witnessed by Channel 7 reporter been directly told to her by Metro staff or whether she Brendan Donohoe, who contradicted Mr Gidley’s claim that is quoting from newspaper reports of the day. he did not raise his voice. Donohoe told the Age he was walking up the stairs when he saw Mr Gidley yelling at the pair while waving his mobile phone. The SPEAKER — Order! I do not uphold the point of order. In fact the member for Northcote did say she ‘He was yelling something like “I will report you”’, he said. was quoting from the Age newspaper. ‘It was quite loud, and that’s what drew my attention to it. The girl was shaking’. Mr Foley interjected. Brendan Donohoe gave that account on the Channel 7 The SPEAKER — Order! Members will come to news report that night. In fact every news service on the order. The issue before the house is very serious. I will night reported Brendan Donohoe’s eyewitness account. not have this haranguing going on. The account of the member for Mount Waverley was Mr Newton-Brown — On a point of order, also contradicted by those who were involved, and they Speaker, I ask that the member for Albert Park did that in a variety of ways. In fact they highlighted the withdraw that remark. fact that the member for Mount Waverley only desisted

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The SPEAKER — Order! There is no point of staff and the Channel 7 reporter are not enough, there is order. closed-circuit television footage of the event. There is a camera that sits outside that particular area, the footage Ms RICHARDSON — I reiterate that Metro staff from which the Privileges Committee could call upon did not in any way suggest that the volunteers had acted to verify the statements made by those four individuals inappropriately, they did not advise that council as opposed to the statements made by the member for regulations had been breached and nor did they advise Mount Waverley. that the volunteers were on Metro land. Put simply, it had nothing to do with Metro. Once again the member I want to talk briefly about personal explanations that for Mount Waverley has come into this place and are made in this place, because the fact that this sought to mislead each and every one of us. For the deliberate misleading of the house was made by way of record, though, there is no requirement under a personal explanation is of particular concern to me. Melbourne City Council regulations for a permit to be We can all seek to make a personal explanation if we obtained before distributing this kind of material. inadvertently mislead the house in any way. Mistakes do happen. When I was preparing for today’s debate I In his personal explanation to the Parliament the had a look at the website for the member for Mount member for Mount Waverley also stated that the female Waverley. I note that on the website he referred to volunteer had confirmed that she worked for me — ‘the himself as the ‘member for Waverley’. This is an member for Northcote’ is how he described it. This honest and simple mistake, and none of us would claim cannot be believed, because the person in question has to be perfect. These sorts of mistakes do happen. If not worked for me at any time. mistakes of that kind happen in this place, if we mislead the house inadvertently, we can make a personal The fact that the member for Mount Waverley took explanation to set the record straight. But that is not photos of the young volunteers is not in question. The what has happened in this case. His statement was not fact that he demanded their names on the basis that he made off the cuff; it was not part of a heated exchange. was a member of Parliament is not in question. The fact It was in fact carefully drafted as required by the rules that he took it upon himself to act as some sort of of this place. bizarre, deranged enforcement officer for Metro or for Melbourne City Council is not in question. The fact that In determining whether a member ought to be referred he sought to blame the victim for his behaviour is also to the Privileges Committee for deliberately misleading not in question. He said that she was in the wrong place the house members in this place have a duty to satisfy handing out the wrong material and that she did not themselves that the requirements of two objectives have respond to his questioning, even though she was not been met. In order to prove that a member has required to. deliberately misled the house we have to ask ourselves — and answer in the affirmative — ‘Was the What is in question is the member’s statement made to statement misleading?’ and ‘Was the misleading the house and outlined earlier, which has been statement given deliberately?’. At no time has the contradicted by four individuals, including a journalist member for Mount Waverley given any indication that whose job it is to accurately report events as he sees somehow he got it wrong. He gave the personal them. explanation, and it was carefully drafted. It was Honourable members interjecting. obviously approved in accordance with the requirements of the house. He gave this explanation just The SPEAKER — Order! The member for hours after the incident. No doubt the morning’s Bendigo East! confrontation was still fresh in his mind. There is quite simply no lapse of memory here. Ms RICHARDSON — When contacted Metro staff, who clearly have no axe to grind, gave a Common sense supports the view that if you stand by completely different account to the one that was the accuracy of a statement, you cannot very well argue presented by the member for Mount Waverley. Indeed that it was made and repeated inadvertently. It is quite it was a true account of what happened in that the opposite. Almost all the cases that have come here exchange. relating to these kinds of concerns have centred around responses in question time and statements given in the We can all do the maths. We have four individuals who heat of the moment. What is extraordinary about the account very differently for the circumstances of that matter before us is that the member for Mount event and very differently from one individual, the Waverley has misled the house via a personal member for Mount Waverley. If the word of the Metro explanation — as I said, a carefully drafted, crafted and

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Tuesday, 16 August 2011 ASSEMBLY 2549 considered statement. Ordinarily these sorts of Shortly after this event took place I was advised that the statements are of course reserved for correcting the member for Mount Waverley was going to make a record, not for distorting it. Presumably the member personal explanation. In truth I fully expected that he took some time over the statement. Presumably he would come into this place and explain that he had lost sought your permission before presenting that his cool, that he had behaved inappropriately and that statement, Speaker, and presumably in responding to he was going to give an unreserved apology to all those my members statement he chose his words very involved. I feel somewhat naive in thinking that now. carefully. He could have of course used this statement to send a very powerful message to every single one of us who In the time since, the member for Mount Waverley has has ever blown a fuse and behaved inappropriately. It not made any attempt to imply that he somehow got it would have been a powerful message indeed and no wrong on the day. On the contrary he has reproduced doubt one that would have been backed by the Premier his remarks on his website and advertised them via himself, given his views on this kind of behaviour, but Facebook, and he has also made reference to them on sadly this opportunity was lost thanks to the member his Twitter account. To this day that still remains the for Mount Waverley. situation. The member for Mount Waverley has clearly used every avenue open to him to advance and stand Clearly on that occasion the member for Mount behind the statements he made on that day in the Waverley forgot, or perhaps simply does not Parliament. While I cannot predict how the member for understand, that the skills he learnt in preselection Mount Waverley will choose to defend himself, I battles on the ground in the Liberal Party and in internal suggest that any attempt to reverse this position and battles that he has had in the Liberal Party are not the argue that the misleading statement was somehow sort of skills that you bring to this place. He did not given accidentally must fail for this reason alone. show the maturity or integrity that is demanded of Indeed if the member chooses to avail himself of that members of Parliament when they walk into this defence, he would find himself in the unique position of chamber. We know that it is our responsibility to treat having to argue that he had some rare lapse in memory, this place with respect and treat other colleagues in this given that the statement was made just after the incident place with respect. We do not come to this Parliament itself. To conclude on this point, I say that the evidence to deceive or do ill; we come because we believe in presented can clearly lead to only one conclusion, and something and because we value and respect the good that is that the member for Mount Waverley has quite work that can be done in public office. That is why deliberately and flagrantly misled this house. when one among us offends against the values that this place represents they have offended against us all. I do I must confess that the personal explanation made by not know of any father, brother, son or partner who the member for Mount Waverley angered me at another would conclude that the member for Mount Waverley’s level and no doubt angered the Premier as well. I treatment of this young woman in this instance was understand that the Premier likes it to be known that he appropriate, yet that is exactly what the member for holds a particular dislike for bullies and for bullying Mount Waverley has said — and he has said it on behaviour, and I applaud him for that. However, several occasions. immediately following the incident the member for Mount Waverley is reported to have provided the Whatever the outcome of today’s debate I would hope Premier with the same explanation that he provided to that at the very least the member for Mount Waverley the house. Clearly if the house is satisfied that the would agree that, despite believing his own actions to member for Mount Waverley may have made a be perfectly fine, it certainly is not perfectly fine for deliberately misleading statement in this place worthy him to have misled the Parliament in this way. I also of further investigation by the Privileges Committee, it extend my thanks to Channel 7 reporter Brendan must also follow that he has misled the Premier. Donohoe, who stood by the statements that were made by the people involved in the incident. He came and We ought to reflect on this fact. Here we have a man — told the truth about what had happened. I know that the the member for Mount Waverley — who stands young woman involved was particularly appreciative of accused of having intimidated a young woman on the the stand he took. street, having misled the Parliament of Victoria and having misled his colleagues and the Premier of The last thing I would like to talk about in particular is Victoria. Given the contempt the member for Mount the way in which the member has approached the Waverley has shown to this young woman, to the handling of this debate over the time since the Parliament and to the colleagues he has here, I feel very statement was made. He has clearly failed and has tried sorry for his constituents.

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2550 ASSEMBLY Tuesday, 16 August 2011 to slither away like a snake from these deliberately behalf of a member of Parliament. I also say again what misleading statements he has made. I said to the house when I made my personal explanation: I apologise for any offence that may have Honourable members interjecting. been taken by anybody, including Labor staffers.

The SPEAKER — Order! I advise the member for There is a long-established parliamentary practice that Northcote that up to this point her presentation has been where a member feels he or she should make a personal clean. I ask her to keep it that way. statement to the house in a case like this they should do so at the earliest opportunity, and that is exactly what I Ms RICHARDSON — Indeed the member for did. Mount Waverley can really only jump in one of two ways in dealing with this matter: he can walk the noble Whether or not this matter is referred to the Privileges road and apologise for his deliberately misleading Committee is of course a matter for this house. comments, or he can trot out the same bile that got him However, from my own personal perspective, I have no into this mess, like a dog returning to its own vomit. objection to that standard course of action.

Honourable members interjecting. The SPEAKER — Order! Before I call the next contributor I advise the member for Mount Waverley The SPEAKER — Order! If the member for that it is the practice for him to leave the house. Northcote continues in that vein, I will sit her down. Honourable member for Mount Waverley withdrew Honourable members interjecting. from chamber.

The SPEAKER — Order! The house will come to Ms HENNESSY (Altona) — I rise to make a order! contribution on the motion before the house. As we Ms RICHARDSON — It is one thing to lose your have heard from the member for Northcote, the subject temper and then apologise unreservedly. It is quite of this motion and the circumstances leading up to it are another thing to abuse and harass a young woman and very serious and ought to be treated as such. I commend then deliberately mislead the Parliament of Victoria and all members of the house on the way they have try to dig your way out of circumstances that you have conducted themselves in the course of this debate. created for yourself. The background and circumstances of the complaint are Finally I ask all members of the house to consider this: critical, and they are relevant to the motion about which how would they feel had it been their mother, daughter members have to make a decision when it is put to a or wife who was involved in this incident, and vote. The background and circumstances that led to this subsequently how would they feel if the perpetrator, by complaint have been the subject of a personal virtue of his privileged position, was allowed to call his explanation by the member for Mount Waverley. The victim a liar? I invite all members to think about the circumstances that gave rise to that personal behaviour and statements of the member for Mount explanation are incredibly serious. A young woman Waverley, about which there now remains no question, was handing out material at Parliament railway station, and how they reflect on all of us and on this place. I and she asserts that she was bullied, harassed and commend the motion to the house. intimidated by a member of this house while doing so. This young women asserts that the member for Mount The SPEAKER — Order! I call on the member for Waverley chased her, attempted to take a photograph of Mount Waverley. I advise the house that the member her without her consent and demanded that she provide for Northcote was heard in silence and I expect the him with her name and address. She also asserts that the same courtesy to be extended to the member for Mount member was aggressive towards her in a number of Waverley. ways.

Mr GIDLEY (Mount Waverley) — In contributing It seems to me that when it became apparent to this to this debate I do not intend to dwell on the allegations member that this matter was going to become public, he made by the Labor Party either in its correspondence to decided to make a personal explanation to the house. It the Speaker or in this chamber. Instead I will reiterate was indeed a personal explanation that the member the concerns I raised in the house on 29 June — that is, made. The assertions that were contained in his my concerns regarding the inappropriate distribution of personal explanation have led to the motion before this material that day, which I believe was not factual, on house today, which arise from a complaint of a breach

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Tuesday, 16 August 2011 ASSEMBLY 2551 of privilege. Specifically that breach is of misleading A further statement by the member which is alleged to the house and, as the Speaker has outlined, of contempt. be misleading goes to the description of his interactions with the young woman concerned. In contradiction to The Speaker determined that the threshold tests in the member’s statement to this house there are direct respect of the allegations have been met. The threshold witnesses who state that the member’s version of events test is not just that a complaint was made to him within is simply not true. Most important is the voice of the a reasonably practicable time frame but whether a victim herself, those who were with her and prima facie case exists for a possible breach of independent witnesses. It is their voices that must be privilege. Obviously ‘prima facie’ means that on first heard by the Privileges Committee lest there be any appearance the facts would bear out the complaint. It suggestion of a political whitewash. The member will essentially means that, unless rebutted, the assertions have his opportunity to prove his version of events and that have been made that the member for Mount attempt to demonstrate the accuracy of the statements Waverley has misled this house are in fact sufficient to that he made to this house. However, it is critical that prove a particular proposition or fact. The evidence that the Privileges Committee ensure that those who were is sufficient to prove that he has misled the house is direct witnesses and can speak to the facts of the matter essentially the assertion that the mover of this motion, are also given an opportunity to have their say. As the the member for Northcote, has made, which those on member for Northcote stated, the existence of this side of the house certainly support. closed-circuit television footage may also be instructive in either proving or disproving the assertions of the The purpose of this motion, then, is to enable the member for Mount Waverley. Privileges Committee to consider the matter. This motion is a prerequisite to test those allegations. Let us Ultimately it is for the Privileges Committee to make a try to focus on that proper process. An allegation has judgement on the evidence and to make a determination been made that a member has misled the Parliament. based on that evidence, but it is important that all of the The Speaker has determined that a prima facie case relevant evidence is obtained, excavated and tested. It is exists, and I would insist that the government should also a matter of great disappointment to me that the rightly support this motion to enable the Privileges Premier, despite what has been voiced by the victim, Committee to then test those allegations. The journalists, Metro and independent witnesses, has made statements made by the member for Mount Waverley a number of public statements, both at a press which it is alleged are misleading include his assertions conference on 29 June and on the Neil Mitchell that he did not raise his voice and that he did not behave program, in which he has supported the member’s in an inappropriate manner. However, one of the versions of events. What confidence that is based on I probative issues to do with supporting this resolution is am not sure. I think it is incredibly important to say that the fact that independent witnesses allege that the when such issues arise again all members of Parliament member was in fact yelling and behaving aggressively. would do well to go out and test the basis upon which In fact the victim of this behaviour makes that assertion. those assertions have been made. We have been waiting The other assertion that is alleged to constitute a for an MPs code of conduct for nine months, and one of misleading statement to the house includes the the tests of this code of conduct would be how it would member’s account of his interactions with Metro and apply to these sorts of circumstances. the advice he asserts he was provided by Metro. In public reports Metro has contested both the substance One question I find deeply troubling is: what would and the accuracy of the member’s assertions. have happened if this incident had not been witnessed by independent parties, particularly a member of the Just as an aside, and I do note the comments that the press? What recourse would a young woman have had member for Mount Waverley made in his brief in exercising her democratic right to express a view contribution on this matter, it is indeed important for about this government’s performance on public members to reflect upon whether or not it is their role to transport? What recourse would she have had if she had go off and attempt to enforce Melbourne City Council been bullied, intimidated and subjected to public by-laws, whether they exist in truth or not. It is humiliation? How does a young woman seek recourse important that members of Parliament, even when they against a member of Parliament in such circumstances see political material being handed out that they contest, when those with more power and resources are able to do not appoint themselves as the Mars Bar sheriff of the get up and utilise the sanctity of parliamentary privilege village and go out and attempt to hold innocent citizens to say, ‘It never happened’? to account. I wish also to reinforce the importance of this referral as an important check and balance against parliamentary

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2552 ASSEMBLY Tuesday, 16 August 2011 privilege. Speaker, the purpose of parliamentary matter. Our rationale is that this place is not the privilege, as you are so deeply aware, is that members determining body and when you, Speaker, determine be able to speak without fear and favour. But it ought that a matter should have precedence, it is appropriate not be abused at the expense of a young woman who that it should be referred to the Privileges Committee has been bullied. for consideration and report.

We know that the abuse and bullying of women in The member for Mount Waverley has already indicated society generally is an area in which we are in his presentation that he has no objection to this unfortunately overrepresented. There are high degrees matter being referred by the house to the Privileges of underreporting, and that is simply because so many Committee. From a personal perspective I believe this women feel that the system fails them. Let the system reflects well on the member for Mount Waverley. I also not fail Katherine Munt, because if a young woman believe the fact that the member for Mount Waverley wants to stand up and say, ‘No, that is not what has apologised also reflects well on him. happened’, if her version of events is corroborated by several witnesses and potentially corroborated by I note that we, the government, are adopting a very CCTV (closed-circuit television), and if the young different approach from that which occurred in this woman herself is a credible witness, it is essential that place — and I and a number of others were present the Privileges Committee be invoked in order to ensure when this occurred — when the member for Hawthorn, that those assertions can be tested. the now Premier, referred a matter relating to a former minister of the Crown in the then Bracks government. A prima facie case has been established. There is a fair In my opinion this was a very clear matter; others may opportunity for the member for Mount Waverley to have a different view. In my opinion it was a very contest the allegations that have been made and to clear-cut case, but the Labor government of the day prove his assertions that what he told this house is in with the support of the Independents used its numbers fact correct. But the fact that a young woman exercising to vote down that reference via a division. That was in her democratic rights should not be able to stand on May 2000. public land and hand out material that is critical of the government without being bullied and intimidated is Many of us remember how self-righteous Labor can be indeed reprehensible, and I call on all members of this in opposition and how little respect it has for the house to hold the member for Mount Waverley to traditions of this chamber when it does not suit it in account for his behaviour. government. Labor is adopting a completely different approach from the approach it adopted when in Ms ASHER (Minister for Innovation, Services and government. The coalition is completely different from Small Business) — I wish to make a number of brief the ALP in its approach to these matters. We respect the comments in relation to the motion moved by the practices and customs that have been built up over the member for Northcote and indicate what the years in this Parliament. We believe the proper course government’s view is on this matter. when allegations like this are made is that they should be considered according to the standing orders by the Much of what we do in this house, Speaker, as you are Privileges Committee, and this is the stance the aware, is governed by standing orders, but a lot of what government will support. we do follows traditions and practices which have been developed over many years. One of those practices is Ms ALLAN (Bendigo East) — I rise to make a that, in general, questions relating to privilege matters short contribution on the matter of privilege that the should be dealt with in a sober and calm manner and house is being asked by the member for Northcote to dealt with properly by the committee that is appointed consider. I will not go over the particulars of the case by the house to consider them, which is of course the because I believe they have been well covered by the Privileges Committee. It is the role of the Privileges member for Northcote. She quite clearly highlighted in Committee, as established by this Parliament, to many different ways that the member for Mount consider the evidence that may or may not be presented Waverley’s personal explanation to this place back in by various parties. June has been severely compromised by a number of contradictory and conflicting statements that have been With that in mind I am happy to advise the house that made by members of the public, a spokesperson for the government will support the reference of this matter Metro and a journalist. to the Privileges Committee. This does not for one minute mean that the government accepts the allegation I would like to make a brief comment on the remarks of made by the member for Northcote in referring this the Minister for Innovation, Services and Small

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Business about the government’s support for this matter Ms ALLAN — I was about to refer to a previous going to the Privileges Committee. In her comments the privilege matter brought before this house in 1991 by minister said she thought the member for Mount the then Deputy Leader of the National Party. Waverley’s apology reflected well on him. I hope she has the opportunity to reflect on that support for the An honourable member interjected. member for Mount Waverley, because his personal explanation to this house was barely an apology. He Ms ALLAN — No, it was the then Leader of the made a statement in which he apologised for any National Party, Pat McNamara, who brought a privilege offence that may have been taken. matter against the then Minister for Transport, Peter Spyker. That matter was referred to the Privileges However, during his contribution in the house the Committee by the then Labor government, so for the member made a number of misleading statements that member for Brighton to say that Labor hides from and have since been contradicted, as has been outlined by ducks this sort of debate is absolutely erroneous. Where the member for Northcote. I do not think it reflects well there has been a case of substance, a case that could be on any member of this Parliament for a member to validated, then of course it has gone through to the think they can walk into this place and make a Privileges Committee, as it should. statement that completely contradicts the facts of an event that happened outside this place. That is Obviously we will await the report of the Privileges cowardly. It is unparliamentary, and it is beneath what Committee to this place. This matter will be interesting Victorians expect of their members of Parliament. for the members of the Privileges Committee to debate and report on. I hope that when the members of the The member for Brighton referred to previous privilege Privileges Committee come to consider the matter they matters brought before this house. Like the member for will have the following comments at the front of their Brighton, I was here in May 2000 when the house minds: debated a privilege matter brought forward by the I have consistently told those students that the chamber has an member for Hawthorn, now the Premier. The adversarial atmosphere because it is the place where truth is distinctive feature of that debate, as I remember it, was tested. the hysterical case put by the member for Hawthorn. I remember the wild and fanciful claims by the then All members, when they stand in the chamber, particularly when they stand at the table adjacent to the mace, have an opposition. Given the way they were going with their obligation to observe the forms of the house and the basic conspiracy theories, opposition members had the premise that all members shall tell the truth. smoking gun, they had the grassy knoll and they had the poison that killed Phar Lap. The fact is that matter I hope that all members of the Privileges Committee, lacked substance. The case brought by the member for government and non-government, follow the lead of the Hawthorn in 2000 could not be substantiated in this current Premier, who made those comments in this place and the house did not support his motion. It was place in 2000 while pleading with the house and not just Labor which did not support that motion; it was making the case that members should tell the truth. In the Independent members as well, who independently this case, at least on a prima facie basis, we have seen made up their own minds on it. that the house has been misled by the member for Mount Waverley. This is an opportunity for that to be If we are going to delve into the history books, we also debated by the Privileges Committee. We hope this will have to remember that in 1991 in a very similar not become a debate where the Privileges Committee matter — — simply divides on party lines in an effort by government members to protect one of their own. Mrs Fyffe — On a point of order, Speaker, like However, it has been interesting to see how few friends many members of the house, I am not quite sure of the the member for Mount Waverley has had during this procedures on a privilege motion such as this, but I ask debate. The Premier and Deputy Premier have been that you bring the member for Bendigo East back to the absent, and many other government members have matter being debated. There seems to be no relevance been absent during the course of this debate. in the issues she is raising. Honourable members interjecting. The SPEAKER — Order! I do not uphold the point of order. The issue was raised by the member for Ms ALLAN — The member for Mount Waverley Brighton. had the member for Hastings keeping him company there for a while — that is probably good company for the member for Mount Waverley to keep. However, we

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2554 ASSEMBLY Tuesday, 16 August 2011 have not seen that support from the government at this follow precedent very closely and rule in an appropriate stage. I hope that reflects that government members are way, a way that can be borne out by the facts that have going to take this matter very seriously when it comes been presented, particularly by the member for to the Privileges Committee and that they will keep at Northcote. the front of their minds the advice of the Premier that all members of this place must tell the truth. Mr O’BRIEN (Minister for Gaming) — I move:

Many people have made statements that have That the question be now put. contradicted the account of the member for Mount Mr O’Brien’s motion agreed to. Waverley, and there may even be video evidence that will undermine the personal explanation made in this Motion agreed to. house by the member. Whatever else we think of the behaviour of the member for Mount Waverley, I think there are grave concerns about his performance on that BUSINESS OF THE HOUSE day. I would hope at a bare minimum that the Premier and his Liberal colleagues have counselled the member Program for Mount Waverley about his behaviour, including the way he approached young people at the train station — Mr McINTOSH (Minister for Corrections) — I particularly a young woman; the way he stood over and move: spoke to the young woman; the way he chased that That, under standing order 94(2), the orders of the day, person; the way he tried to take photographs of the government business, relating to the following bills be people; and the way he demanded they tell him who considered and completed by 3.00 p.m. on Thursday, they were because he was a member of Parliament. I 18 August 2011: hope that sort of behaviour has been condemned within Justice Legislation Amendment (Protective Services the Liberal Party and that the member has been Officers) Bill 2011 counselled by his Premier and by the leadership of the Liberal Party, including the deputy leader, and told that Farm Debt Mediation Bill 2011 this is not the sort of behaviour we would expect from Drugs, Poisons and Controlled Substances Amendment any member of society. (Drugs of Dependence) Bill 2011

It does not matter whether you are a member of Local Government Amendment (Electoral Matters) Bill 2011. Parliament, a plumber or a cricketer; regardless of occupation no-one should be allowed to behave like In moving this motion, there are two matters I want to this and get away with it. You do wonder, address. The unusual step of setting the time limit for unfortunately, whether the member for Mount the government business program to be completed as Waverley thought he could get away with it by coming 3.00 p.m. rather than 4.00 p.m. on Thursday is into the house and making a statement that would put deliberate. The reason is that the Premier is required to the case to rest. As we have seen, the case has not been attend a Council of Australian Governments (COAG) laid to rest. The evidence suggests the member for meeting in Canberra on Thursday. I am instructed that Mount Waverley has misled the Parliament and has there will be a working dinner at the Lodge, hosted by made the matter significantly worse for himself. the Prime Minister, at which all other state premiers and chief ministers will be present to commence that Deliberate misleading of this house lets him and his discussion. government down. It lets this house down too. We come in here to do our jobs to the best of our abilities, Honourable members interjecting. but the performance of the member for Mount Waverley has let the house down. As a result the people Mr McINTOSH — The opposition of course does of Mount Waverley and the people of Victoria have not care about relations between this state, other states been badly let down by the member for Mount and the commonwealth. The leaders of government Waverley’s behaviour on the day of the incident in around this country will be meeting to discuss question and by his subsequent behaviour — coming important matters. into this house and misleading it, hoping we would all close our eyes and this would go away. Honourable members interjecting.

This will now go to the Privileges Committee. As I Mr McINTOSH — The most important thing is said, I hope its members stick to the facts of the matter, that the Premier has to catch a plane, and accordingly

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Tuesday, 16 August 2011 ASSEMBLY 2555 he will have to leave the precincts of the Parliament to government business program this week. It is reflective enable him to catch that plane and meet that obligation of a government that after nine months in office is still as leader of the government here in Victoria. The vast getting around to realising the fact that it has to govern. majority of the people of Victoria expect our Premier to It is still blaming Labor for all the sins, sorrows and attend that meeting on behalf of the state of Victoria. things government members cannot get done — all their broken election promises, everything, must be Honourable members interjecting. Labor’s fault. It must be Labor’s fault that there are only four bills in the government’s business program Mr McINTOSH — If the opposition will not this week. provide a pair, this is the action that the government must take, to set a slightly earlier time frame for I want to make a few comments in response to the consideration of the government business program. The Leader of the House, who indicated that the motion on business of the house will of course continue until the the government business program will be put to the normal adjournment time. I propose that there will be house at 3.00 p.m., as opposed to the normal time of consideration of the Norwegian condolence motion for 4.00 p.m., on Thursday. A pretty weak case has been the remainder of business on Thursday afternoon. The put by the Leader of the House for the reasons why that house will continue according to the normal timetable; will be done. Again we are hearing Labor being blamed it is just that the completion of the government business for the Premier not being able to manage his diary program will be brought forward simply because of the properly. Somehow that is our fault; we cannot get the intransigence of the opposition in not providing a pair. Premier to the airport on time. The view of the opposition is rather flippant, whereas the government and the people of Victoria understand Mr O’Brien interjected. exactly why our Premier needs to attend that meeting of COAG in Canberra. Ms ALLAN — That is just offensive, from the petty and pathetic member for Malvern. The second matter I want to address is one that was raised with me by the member for Bendigo East, who The SPEAKER — Order! The Minister for Gaming wanted some clarification about timing on the Drugs, is out of his place and very much out of order. If he Poisons and Controlled Substances Amendment (Drugs continues, he will be out of the chamber. of Dependence) Bill 2011. I understand that there was some concern about the timing of the briefing on that Ms ALLAN — Peter Costello’s second-best adviser bill provided by the government to the opposition. I should get better lines than that! understand that the first time that Mr Jennings, the Let me be absolutely clear that the request did come shadow Minister for Health in another place, contacted from the government for the opposition to provide a the office of the Minister for Health to seek that pair for the Premier to attend — not a Council of briefing was on Monday, 8 August. There was a Australian Governments meeting; let us be clear — a discussion between the minister’s office and working COAG dinner that I believe will not start until Mr Jennings. Three times were provided, and the only well after the house will have risen on Thursday night. I one Mr Jennings was able to attend was Thursday, am not sure how long it might take the Premier of this 11 August. That briefing occurred in Parliament. I state to get to Tullamarine airport — maybe he is understand that the minister’s chief of staff together departing from Sale, Mildura or Albury airport as he with departmental officers attended that briefing, which might be trying out one of our regional airports that went ahead in accordance with the usual practices of Labor might have upgraded during its time in office — this house. but it takes only 20 or 25 minutes to get to Tullamarine As I said, I move this motion which includes a slight airport. change to the normal time for the guillotine to come I am not sure why the request for the pair to be down on Thursday, which is to be 3 o’clock, to enable provided came in at all. The house could have had the the Premier to attend that very important meeting in guillotine applied to consideration of the government Canberra. I hope the member for Bendigo East accepts business program at 4.00 p.m. on Thursday, in ample that explanation about the briefing. time for the Premier of this state to catch his plane to Ms ALLAN (Bendigo East) — I rise to make a get to Canberra to have the dinner with the Prime contribution to the debate on the government business Minister and the Premier’s colleagues. This is a sad program that has just been outlined by the Leader of the reflection on the state of this government that it is House. I should point out that it is not a very busy blaming the Labor opposition for the Premier not being able to manage his diary properly and move at

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2556 ASSEMBLY Tuesday, 16 August 2011 something a bit quicker than glacial speed when it program and given the complications of the start for comes to getting out to the airport. today, it will be a busy program. The quicker we get on with debating the bills, the better. I also make it clear that the Labor opposition is not blocking the Premier from going to the dinner. We Mr HULLS (Niddrie) — A busy program? Give us absolutely agree that if the Premier wants to go to a a break. We have had eight weeks off, we come back working dinner, as tiring as that will be for him, he and we have got four bills. Those in government think should go. We support his going. We do not see the this is a busy program. A lot happened in that eight need for Labor to accommodate changes to the weeks. I was actually in a coma for five days. I came Premier’s diary. It is not our job to run the Premier’s out of my coma, and it is about time the government diary. It is not our job to handle the Premier’s travel came out of its coma. It is just extraordinary that it plans. That — newsflash for members of the reckons this is a busy program. Then we have this crock government — is their job. It is the job of members of about the Premier having to jump on a plane so we the government to do things like book the flights, make have to finish up at 3 o’clock on Thursday. Guess sure the Premier gets to places on time, that he has all what? There is actually a Qantas flight that goes at his paperwork, that he has his little snack in the car on 4.50 p.m. on Thursday. I think there is a Virgin flight the way out there as well, that he has got his jamies that goes about the same time. He can even fly Tiger, if packed for the meeting, because he is staying overnight. he wants to, and get up there. Even if he is a bit late, he It is not our job to do all these things. These are the might miss out on the canapés at the dinner; he might tasks of being in government, and it is about time, after miss out on a little bit of asparagus in bread or the nine months, that the government stopped mussels on the Jatz biscuits. He might miss out on finger-pointing at us and started getting on with those, but he will be there for the main course. The fact governing. This week’s notice paper is ample evidence is he will probably get a feed on the plane on the way of the fact that it just does not have an agenda. There up anyway, so he can double dip if he wants to. are four bills for debate. It is not going to be a tiresome week. The Premier should stay and join us. The SPEAKER — Order! The member should get back to debating the motion before the house. Mr CRISP (Mildura) — I rise to support the government business program. Apart from the aside the Mr HULLS — It really is absolute nonsense for manager of opposition business has raised, we have members of the government to say, firstly, that this is a some important issues to debate in a number of bills, in really busy program and, secondly, that it is so busy particular the Drugs, Poisons and Controlled that we actually have to bring in the guillotine at Substances Amendment (Drugs of Dependence) Bill 3 o’clock on Thursday because the Premier has to go to 2011. There would not be a member in this house who a working dinner. For goodness sake, the words ‘Ted would not be concerned about synthetic drugs being Baillieu’ and ‘working dinner’ do not go together! ‘Ted used and classified as drugs of dependence. Similarly, Baillieu’ and ‘dinner’ maybe, but it is just nonsense to the Farm Debt Mediation Bill 2011 is important, suggest that he has to ignore the Parliament of Victoria. particularly to rural members who represent people who are going through a difficult phase in post-drought We all know that Parliament sits until 4.00 p.m. on a recovery, complicated by floods, and a number of our Thursday. Usually there are some divisions, some farmers need this method to try to equitably resolve people are awake at the time, some people turn up at disputes with the banks. This should not be understated the time, others do not, but that has been the precedent as an issue, particularly for country members at this in this place at 4 o’clock. Whoever sets the Premier’s time. We look forward to hearing considerable diary should know full well that that is when he has to contributions from The Nationals members, as such be here, and if he has to go and have his canapés, contributions will be made by the members of the shucked oysters and din-dins with his Liberal Premier Liberal Party with rural constituencies. mates at the Lodge, he can do that after the business of this house has been dealt with. For us to change the The Local Government Amendment (Electoral Matters) forms of this house, change the precedent, simply Bill 2011 is a common-sense exercise in allowing the because the Premier wants to go off and have din-dins third tier of government to operate effectively during its in Canberra with his mates is an absolute outrage. If he elections and in moving dates back to a time that allows is a bit late and misses out on the canapés they can put a a new council to work effectively on plans and budgets. bit of foil over the steak, they can even keep the hot The Justice Legislation Amendment (Protective water hot for him — — Services Officers) Bill 2011 is something many members will want to comment on. This is a good

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The SPEAKER — Order! The member should Bendigo East in opposing the government business come back to the bill. program. What we have seen is a budget that has failed to mention jobs. Then, some time after, the government Mr HULLS — The fact is, Speaker, you know full thought, ‘We’d better have an economic message’, and well this is absolute nonsense because you have been that was about productivity. What we have had in this around here for a long time. The Speaker knows this is place is eight weeks off. Never have we had eight a nonsense business program. This is deadset weeks off in the nine years that I have served in this lightweight. Yes, there are some important bills, but to place. We have worked every month of the year, except have four bills after an eight-week break shows that this for December and January, and that is what the government is in reverse. community expects of us. After eight weeks off we now have four bills, and the member for Mildura says I notice that one of the bills the government has decided this is a weighty and a meaty government business to introduce this week is to put a cap on MPs’ salaries, program. and we will see where that goes. The Premier has said that he has a wages policy of 2.5 per cent and that The bills are the Drugs, Poisons and Controlled anything above that will be met by productivity offsets. Substances Amendment (Drugs of Dependence) Bill Looking at this business program and at what 2011, the Farm Debt Mediation Bill 2011, the Justice government members have done in their first eight Legislation Amendment (Protective Services Officers) months, they owe money. They do not deserve a Bill 2011 and the Local Government Amendment 2.5 per cent pay rise; they ought to be giving dough (Electoral Matters) Bill 2011. We have not heard back. That is how slack they are. anything about a number of other bills that have been sitting on the notice paper for some time, and We do not support this at all. We know this plane stuff something that I am keenly looking forward to speaking is a nonsense. I am sure the Premier has a mate who on is the Health Practitioner Regulation National Law could lend him a chopper if he needs to get up there in (Victoria) Amendment Bill 2011, which simply time. The fact is that flights go in time for him to have corrects some errors. It is national legislation and a very his dinner. He might miss out on the asparagus in bread simple piece of legislation that could easily have been and the oysters on Jatz biscuits, but there will still be added to this week’s lightweight government business plenty of food when he gets there. This is a nonsense program — but, no, it is not happening because the motion, and we are opposing the business program. government has not done the work.

Mr HODGETT (Kilsyth) — It is a pleasure to have Despite the Premier saying that no-one would be on the member for Niddrie back in full health and making holidays, it was like Where’s Wally in Victoria during a contribution, and we look forward to further the break. You could not find the Premier or a minister contributions. anywhere in this state, because they were all on Mr Hulls interjected. holidays. This is a government that says its key economic agenda and driver is additional productivity, Mr HODGETT — My pleasure. On a serious note, but that is for other people. It is not for them. It is, ‘Do no-one would wish that on anyone, and we are pleased as I say, not as I do’. that the member for Niddrie is back in the house. In the interest of time, and so that we may get to members I would like to correct a statement that was made by the statements tonight, I will make my contribution very Leader of the House in relation to a briefing offered to brief. I support the government business program for Mr Jennings, a member for South Eastern Metropolitan the reasons already outlined by the Leader of the House Region and shadow Minister for Health in the other and by the member for Mildura. There are four bills on place, on a matter that is on this week’s government the government business program. Due to other matters business program — that is, the Drugs, Poisons and we debated today, being the two condolence motions Controlled Substances Amendment (Drugs of and the privilege motion, we have lost some debate Dependence) Bill 2011, which I will be speaking on. time. We will have a number of speakers on all four The Leader of the House should be aware that he has bills, and rather than arguing the merits — whilst I been misled. Last Monday was certainly not the first would like to go into choices of menu with the member occasion that Mr Jennings contacted the relevant for Niddrie, I will reserve that for another occasion — I minister to seek a briefing. It was many weeks before just commend the motion to the house. that. He needs to get his facts straight before he comes into this chamber and verbals a member in the other Ms GREEN (Yan Yean) — I take great pleasure in place. joining the debate and supporting the member for

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I want to return to what is, or rather what is not, on this Gidley, Mr Tilley, Mr week’s government business program. The government Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr has said it is going to deliver on its election Kotsiras, Mr Walsh, Mr commitments. I think the community might be asking, McCurdy, Mr Watt, Mr ‘Where’s the bill to introduce the independent, McIntosh, Mr Weller, Mr broadbased anticorruption commission? Where’s the McLeish, Ms Wells, Mr Miller, Ms Wooldridge, Ms integrated transport authority bill? Where’s the Morris, Mr Wreford, Ms implementation of the 2009 Victorian Bushfires Royal Commission?’ We know that the bushfires Noes, 43 implementation monitor, Mr Comrie, has reported that Allan, Ms Hulls, Mr the government is well behind on the implementation. Andrews, Mr Hutchins, Ms There are plenty of matters that the community sees as Barker, Ms Kairouz, Ms Beattie, Ms Knight, Ms very important that are not on this business Brooks, Mr Languiller, Mr program — — Campbell, Ms Lim, Mr Carbines, Mr McGuire, Mr Mr McIntosh — On a point of order, Speaker, this D’Ambrosio, Ms Madden, Mr is a narrow debate about the government business Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr program. The member is now straying into a whole Edwards, Ms Neville, Ms range of different areas that do not deal with the Eren, Mr Noonan, Mr government business program. Foley, Mr Pallas, Mr Garrett, Ms Pandazopoulos, Mr The SPEAKER — Order! I uphold the point of Graley, Ms Perera, Mr order. Green, Ms Pike, Ms Halfpenny, Ms Richardson, Ms Helper, Mr Scott, Mr Ms GREEN — I would have thought the Leader of Hennessy, Ms Thomson, Ms the House would be ashamed at the paucity of work Herbert, Mr Trezise, Mr that is on the government business program. The final Holding, Mr Wynne, Mr insult to the community of Victoria is that the Leader of Howard, Mr the House has come in here and said that after eight Motion agreed to. weeks off only four bills are to be debated this week. No work has been done over eight weeks. The Parliament is now being told that it needs to finish at MEMBERS STATEMENTS 3 o’clock on Thursday — ordinary workers would love a 3 o’clock finish — so that the Premier can go to a Cadel Evans dinner, have hors d’oeuvres and devils on horseback. He could go to the Council of Australian Governments Mr DELAHUNTY (Minister for Sport and meeting in the morning, but he needs to go to the Recreation) — Last week many Victorians attended the dinner! Where the Premier has his dinner is not a matter Cadelebration in Federation Square to show their for the opposition; it is a matter for the government. appreciation to Cadel Evans for his extraordinary That this government does not want to work is a matter achievement in winning the Tour de France, the that the community will look on very seriously. world’s most prestigious and gruelling bike race, which is run over nearly 3500 kilometres. Cadel’s win had a House divided on motion: huge impact in Australia — lack of sleep, loss of productivity — but cycling retailers have reported a Ayes, 44 surge in all things relating to cycling. Angus, Mr Mulder, Mr Asher, Ms Napthine, Dr Victoria’s love of cycling has been recognised with Baillieu, Mr Newton-Brown, Mr Melbourne recently securing the title of Union Cycliste Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr Internationale (UCI) Bike City, along with Blackwood, Mr Powell, Mrs Copenhagen. The Victorian government is strongly Bull, Mr Ryall, Ms supporting cycling with the launch of its Cycle Tourism Burgess, Mr Ryan, Mr Action Plan 2011–15, which is designed to boost Clark, Mr Shaw, Mr participation at every level. Victoria has also secured a Crisp, Mr Smith, Mr R. Delahunty, Mr Southwick, Mr brilliant line-up of cycling events, including the Scody Dixon, Mr Sykes, Dr Cup Classic, the Amy Gillett Gran Fondo, the Jayco Fyffe, Mrs Thompson, Mr Herald Sun Tour, the 2012 UCI Track Cycling World

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Championships and the Melbourne to Warrnambool Tourism: Gold Trail Cycling Classic. The Victorian government is committed to encouraging even more Victorians to get Mr TILLEY (Benambra) — I take this opportunity on their bikes, and the win of Cadel Evans, which I to congratulate the coalition government on its terrific believe is one of the greatest individual sporting efforts in supporting regional Victoria’s tourism achievements by an Australian, will inspire many industry and in particular the Indigo shire’s Gold Trail Victorians to get more active and into cycling. project.

I would like to thank the people of Cadel’s home town Earlier this year a Regional Development Victoria grant of Barwon Heads and the rest of Australia for getting of $120 000 saw the inception of a new shire-wide right behind him. I would also like to thank the Gold Trail tourism initiative. For Beechworth, Chiltern Victorian Institute of Sport for its continued support of and Rutherglen this meant Gold Trail maps and athletes like Cadel at home and abroad. Congratulations brochures outlining the significant sites in and around to Cadel, his family and his support team on a job well these towns. More specifically, in Beechworth this done. funding has allowed iconic sites such as the powder magazine to be revamped. More recently further Planning: Attwood green wedge funding of $10 000 has allowed the council to target overseas tourists to the area with the development of a Ms BEATTIE (Yuroke) — Residents of Greenvale, website that concentrates on Chinese visitors by having Attwood and Cambridge Gardens are furious that the information available in both Cantonese and Mandarin. City of Hume’s submission to the Growth Areas Authority regarding the rezoning of green wedge land Bonegilla Migrant Experience between Attwood and Greenvale is being considered. This land, which is directly under the Melbourne Mr TILLEY — With tourism being such an Airport flight path, needs to be protected as green important part of the state’s economy, I would also like wedge land to ensure that the curfew-free status of to draw to the attention of members the Bonegilla Victoria’s premier airport is protected, thus giving Migrant Experience currently on display in Queen’s Victoria a strategic advantage over other states. A Hall. This exhibition crosses the borders between Hume submission relating to this land was rejected by tourism, multiculturalism and the rich and vibrant the previous government in 2009. history of our wonderful country and state, with it being the first taste of the Australian way of life for many I have written to the Minister for Planning, and I have migrants — migrants who have contributed to our received a reply. I also wrote to the Minister culture with their cuisine, work skills and ethics. I responsible for the Aviation Industry requesting that he would like to take this opportunity to invite all lodge an objection, but I have not had the courtesy of a members of this house to visit the exhibition in Queen’s reply. I wonder if this is because rather than being the Hall and absorb the information and ambience the Minister responsible for the Aviation Industry he is exhibition provides to all its visitors. becoming known as the Minister for Avalon. Health: Eltham community survey I call on the Minister for Planning to maintain the protection of Melbourne Airport and keep the Attwood Mr HERBERT (Eltham) — I rise to congratulate green wedge intact. I call on the City of Hume to the residents of Eltham electorate on the great response withdraw once and for all its submission in regard to I have received to the first-ever detailed Eltham the Attwood green wedge and to listen to its residents community health survey. There is often great cynicism and support Melbourne Airport instead of undermining about politics and the capacity of ordinary people to this strategic asset to Victoria. I further call on the participate in public policy. That cynicism is in decline Minister responsible for the Aviation Industry to start in Eltham. being a Minister responsible for the Aviation Industry instead of setting himself up as the Minister for Avalon. With almost 2000 responses to a detailed health survey Residents are rightly furious with both the Baillieu having been returned so far, I have been somewhat government and the City of Hume for this unnecessary overwhelmed by the flood of interest from people who review of the Attwood green wedge land. genuinely want to have a say on their own health and on that of members of their local community. Responses have come from a broad and diverse sample of local residents, ranging from air traffic controllers to administrators, from pensioners to students and from

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2560 ASSEMBLY Tuesday, 16 August 2011 teenagers to octogenarians, who are all eager to dirt unit that they are in a position of privilege in strengthen their local community and make it a representing their constituents and other Victorians, and healthier place to live. this should never be taken for granted. The findings of the survey, which was compiled with Country Fire Authority: Werribee brigade assistance from the Australian Medical Association, the Royal Australian College of General Practitioners and Mr PALLAS (Tarneit) — For the second local community health services, will provide a consecutive year the Werribee Country Fire Authority snapshot of the health of the electorate and help to brigade has proven itself one of the best road rescue enable better health planning for our local community. teams in the world. In July, on the back of its victory in A report on the findings of the survey will be produced 2010, a six-member team of volunteer CFA members and made available to health practitioners, advocates, from Werribee competed at the Australasian Road policy-makers and of course all local residents. Rescue Challenge, where it was placed first, earning the title of best road rescue team in Australasia for 2011. Many political strategists on all sides of the debate often urge MPs to limit their efforts to short, pithy The team then went on to compete at the World Rescue political messages devoid of detail or depth. I have Challenge, where it competed against paid and never agreed with this philosophy, and I am delighted volunteer firefighters from as far afield as China, to say that neither do the voters of Eltham. As I say, England, Canada and Wales. The volunteer Werribee with some 2000 residents — — CFA team, which was comprised of brigade captain Michael Wells, team leader Rob Mitchell, Mark The SPEAKER — Order! The member’s time has Mummery, Lino Zulian, Phil Menzies and Trevor expired. Weston, was placed second in the world. The team’s medical specialists, Michael Wells and Trevor Weston, Australian Labor Party: election tactics won the World Trauma Challenge, and Mr Wells was named best paramedic overall. Ms RYALL (Mitcham) — I would like to bring to the attention of the house the disgraceful behaviour of With the best road rescue team in Australasia and one members of the Labor Party, which formed the of the top two teams in the world, the residents of my previous government of this state, in making electorate, Tarneit, are in some of the world’s safest defamatory remarks regarding Ted Baillieu during the hands. I congratulate the entire team on its achievement last election campaign. It was a particularly grubby and and wish to thank its members for their tireless pathetic attempt to undermine a credible leader whose dedication and effort in delivering the necessary rescue integrity was always and is still first rate. This grubby services they provide to the community of Wyndham. It behaviour showed the true character of those who is people like the volunteers from Werribee CFA who comprised the Labor Party dirt unit. It was a desperate ensure the wellbeing of our society. They act like a glue attempt to win the election regardless of the cost, that binds the fabric of our community together. including lying to and misleading Victorians. Victorians are not mugs, and they were not fooled; they Agriculture: exit grants saw right through it. We can only hope that in their forced apology Nick Reece and the ALP have seen the Mr CRISP (Mildura) — I was dismayed to learn error of their ways and realised that mud that gets late last Wednesday that the federal government’s thrown around hits the fan and gets blown back in one’s $9.6 million extension of the exceptional circumstances face. It is the Labor Party’s integrity that has been grant package had been fully subscribed and that no damaged through this disgraceful behaviour. new applications would be accepted. The manner in which the Gillard government has ended this program The Leader of the Opposition has sat in silence during has caused extreme distress. There are a number of this behaviour in the same manner as he did when people who currently have contracts of sale committing Labor’s financial debacles were exposed and as he did them to selling their properties, because there was no when the GST cuts were made. He has sat in silence forewarning that the program was going to come to an except when pointing the finger at everyone else — abrupt end and they would no longer receive exit apart from those on his own side. What does he think grants, leaving some in dire financial circumstances. about this? What does he have to say about the similar defamatory comments made in this house by the now Growers are depressed and confused, and there are shadow Minister for Public Transport, the member for increasing concerns about the welfare of those who Northcote, on 28 February 2008? I remind those sin the have been deserted by the federal government. There

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Tuesday, 16 August 2011 ASSEMBLY 2561 are two groups impacted by this decision: those who As we all know, small businesses are already doing it have been pre-assessed and told they are eligible and tough as a result of challenging economic times here have sold their properties but have not settled; and those and abroad. As someone who has operated a small who have been pre-assessed and told they are eligible business for over 20 years I have been deeply troubled but have not managed to sell. As I understand it, there by the actions of the extreme left-wing boycott, are approximately 10 families in the first group and a divestment and sanctions movement, members of number in the twenties in the second. I call on the which regularly rampage through Melbourne’s major Gillard government to honour the commitment to those shopping centres in their attempts to intimidate and families who have been pre-assessed as eligible for this damage businesses with perceived links to Israel with exit package. no regard whatsoever for other small businesses that they hurt along the way. Country Women’s Association: Ballarat fundraising dinner Recent protests in Melbourne Central and QV targeting a particular chocolate shop, namely Max Brenner, have Ms KNIGHT (Ballarat West) — I recently joined resulted in disruptions to trade during peak hours for over 100 women, and a few blokes, at the Country over 200 businesses which have nothing to do with this Women’s Association (CWA) Ballarat Dinner issue. The protesters appear to have little regard for Branch’s fundraising night. It was a great night for a these small businesses that are already experiencing great cause — a cause that is supported wholeheartedly difficulty. I welcome the initiatives of the Premier and by my local community. The list of sponsors is the Minister for Consumer Affairs. The Premier issued extensive and too long to recount here. Suffice it to say a statement last month condemning these protests, and that over thousand dollars was raised on the evening the minister has asked the Australian Competition and due to the generosity of the sponsors and the attendees. Consumer Commission to investigate whether these protesters have broken any laws. The CWA Ballarat Dinner Branch invited Kellie Dunn, the manager of Lifeline, to give the keynote address. We all recognise that people have the right to protest, Kellie gave a wonderful presentation about this most but these activists are trespassing on private property. important organisation that helps many of those in our Their actions have made it clear that they are using this community when they need it the most. The CWA issue to attack small businesses and that they have no provided a significant donation to Lifeline Ballarat regard for who they hurt along the way. In the past few from the proceeds of the evening. weeks I have met with management at both centres to discuss this issue and offer my support for their efforts To make these nights happen requires a lot of work to combat the protesters. There is no place in Victoria from a lot of people. The North Ballarat Sports Club for these protesters. once again provided its venue and did a wonderful job of feeding such a large group. I congratulate the many National Homeless Persons Week organisers of this terrific event, including Liz Verlinden, Elizabeth Harvey and Fiona Darby. I also Ms EDWARDS (Bendigo West) — I was honoured have to mention Fiona’s husband, Robert, who to be invited to launch National Homeless Persons provided the musical entertainment for the night and Week in Bendigo on 1 August. National Homeless certainly got all the tables singing. It was a wonderful Persons Week has been a nationally recognised night. I would just like to finish with an excerpt from occurrence since 2007. Its purpose is to raise awareness the CWA collect: of the plight of homeless people and the causes of homelessness. This year the focus was on the diversity Grant that we may realise of people who experience homelessness. that it is the little things that create differences; that in the big things of life we are one. The biggest underlying factor causing homelessness is family violence, followed by mental illness, It was a lovely reminder. unemployment and associated poverty and financial Israel: Melbourne protests issues. Around 100 000 people experience homelessness in Australia on any given night, and Mr SOUTHWICK (Caulfield) — Since Parliament approximately 23 000 of them are in Victoria. In 2009 broke for the winter recess an issue that has been going Labor introduced the Victorian Homelessness 2020 on for some time flared up dramatically in the form of strategy. Its goal was to halve homelessness in Victoria violent protests on the streets in Melbourne. by 2020. The discussion paper aimed to promote debate within government, the community, business and the

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2562 ASSEMBLY Tuesday, 16 August 2011 service delivery system. It provided themes, questions March on the major arterial road network in the suburbs and concepts to assist the discussion and shape the of Spotswood, Yarraville and Footscray. These truck direction of the response to homelessness. traffic counts were first introduced in 2002 as part of a joint arrangement between VicRoads, Hobsons Bay Shamefully, the coalition government has not retained City Council and Maribyrnong City Council following funding for the Victorian Homelessness 2020 strategy, the previous Labor government’s introduction of truck nor has it committed any funding towards social curfews across the evening and weekend periods. housing in this year’s budget. The Minister for Housing, Wendy Lovell, declined the invitation to The counts have traditionally been carried out over a launch the Victorian event, and The Nationals two-week period each March to monitor general traffic representative in Bendigo, Damian Drum, could not be levels and to determine the number of truck movements bothered attending. Not one minister and not one during the curfew hours. This information has always member of the Liberal-Nationals government attended been a valuable resource to the community and has the launch. Homeless people deserve better recognition supplied VicRoads with important information to assist than this from their government. The Liberal-Nationals it with its monitoring and enforcement work. I am coalition government has no plan to assist homeless advised that VicRoads carries out its studies in separate people, and it has shown its complete disrespect and locations to the councils, with monitoring focusing on heartlessness — — the three busiest truck routes through residential areas, specifically Buckley Street, Francis Street and The SPEAKER — Order! The member’s time has Somerville Road. Past data from these studies confirms expired. that in any 24-hour period there are close to 12 000 vehicle movements along these corridors. Boating: waterway maintenance As the Maribyrnong council is a partner in this data Mrs BAUER (Carrum) — I commend the Minister collection process I must admit to being surprised to for Ports for the announcement last week of an extra learn that it was having trouble accessing the 2011 $2 million to fund emergency repairs to navigation aids results. According to a report in the Maribyrnong and maintenance dredging to ensure safe navigation for Weekly newspaper of 10 August 2011, the Maribyrnong boaters. This will include $450 000 for a dredging council has had to take the unprecedented step of program to reduce a build-up of silt in Patterson River writing to the roads minister to seek the release of the in the main boating channel. This funding addresses a statistics. According to a report in the Maribyrnong build-up of neglect by the previous government, and it Weekly: is evidence that the coalition government is committed to looking after Victoria’s waterways. The council’s infrastructure and engineering manager, Ian Butterworth, said the council had not seen this year’s counts Edithvale Primary School: art show and had ‘raised its concerns with the VicRoads regional office and has written to the minister seeking release of the results’. Mrs BAUER — It was a great privilege to attend The importance and status of this data provide a clear the opening of Edithvale Primary School’s art show. and strong impetus to act to reduce truck traffic on This exhibition showcases students’ works as well as residential streets through the provision of alternative works by emerging and established local artists. routes. It was this knowledge that led Sir Rod Congratulations. Eddington to recommend a truck action plan in the Business interrupted pursuant to sessional orders. 2008 Victorian transport plan, which would include building a new connection from the West Gate Freeway to Hyde and Whitehall streets and linking it to the port ADJOURNMENT of Melbourne. It was this recommendation that led the previous Labor government to commit $40 million to The SPEAKER — Order! The question is: begin the first of the three parts of this project.

That the house now adjourns. VicRoads estimated that the construction of this connection would reduce the number of trucks on Roads: truck action plan Francis Street and Somerville Road by around 70 per Mr NOONAN (Williamstown) — I wish to raise a cent, or over 5000 heavy vehicles, each weekday. matter for the Minister for Roads. The action I seek However, the only action we get from this Baillieu from the minister is for him to publicly release the government is the truck action plan being sent off for a annual truck traffic counts that are conducted each review. The minister should remember that it was his

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Tuesday, 16 August 2011 ASSEMBLY 2563 party that said it would be open, transparent and pedestrian crossing in front of St Kevin’s primary accountable in government, so he should release these school on Hallam Road, Hampton Park. The action I traffic counts immediately. seek is that the minister ensure that the pedestrian crossing is operational 24 hours a day, 7 days a week. Mountain Highway–High Street–Valentine Last year the Brumby Labor government delivered Street, Bayswater: traffic lights $35 million for a much-needed upgrade of Hallam Road. The upgrade will include more lanes between Mrs VICTORIA (Bayswater) — I rise to ask the Pound Road and Ormond Road, dedicated bus lanes Minister for Roads to direct VicRoads to address a and bicycle paths, and new traffic signals. The upgrade situation in my electorate that has become dangerous will also include a new signalised pedestrian crossing at due to increased traffic in the ever-growing, desirable St Kevin’s primary school. area of Bayswater. I seek to have the traffic light sequencing changed at one of our busiest intersections. Last year the school community organised a petition for The intersection at High Street and Valentine Street, the crossing, and I was pleased that we were able to which is a continuation of High Street, and Mountain deliver it for them in last year’s budget. This new Highway is used by thousands of vehicles each day. crossing will be well used by the school community The majority of these vehicles cross High Street on during the busy periods of the school day. The their way along Mountain Highway. Local residents parishioners of St Kevin’s would also make good use of and shoppers also make use of this intersection from the pedestrian crossing; however, the community is High Street, in many cases making a right-hand turn concerned that the crossing will not be operational into Mountain Highway east bound. It is also a outside school hours. They are particularly concerned manoeuvre executed throughout the day by buses that parishioners may not have access to the crossing transporting commuters from the railway station and during mass times. beyond. Mass is held every day at St Kevin’s Church. On The signal sequence on the High Street portion of this Wednesdays there is a mass in the evening, while on intersection allows right-turning traffic and through weekends there is a mass in both the morning and the traffic to proceed at the same time as pedestrians. In the evening. There are also special monthly events in the past this has caused a number of near misses on the program at St Kevin’s Church, making it a very busy pedestrian crossing, because motorists have been meeting place for the local community. Indeed the concentrating on avoiding the oncoming vehicular church is about to be extended, because it is always full. traffic rather than the less visible pedestrians. One of St Kevin’s Church is a special part of my electorate. It the most recent incidents at this intersection occurred is a place where the charismatic Father Albert on 24 May, when according to a local trader a Yogarajah and his new assistant, the enthusiastic middle-aged man was knocked off his feet and had to Reverend Nicholas Pearce — — be taken to hospital with a suspected broken hip. This was the second such incident reported by the same Ms Green interjected. trader in three weeks. The DEPUTY SPEAKER — Order! The member With the development of a new retail precinct in for Yan Yean! The member for Yan Yean knows Bayswater over the last two years, the area has become better. busier. The intersection of High Street and Mountain Highway provides most of the vehicular access to the Ms GRALEY — They teach that not only should precinct, and in my view this now dictates the altering you love your neighbour but that you should make sure of the signal sequencing. I ask that the minister direct that it is acted upon every day by everyone. VicRoads to assess the intersection and make the The Hallam Road upgrade is the culmination of a long appropriate changes to the traffic signal sequence as journey for our local community. The traffic congestion soon as possible to secure the safety of both motorists that motorists face on a daily basis led to the push for and pedestrians in the future. an upgrade by local residents involved in the Hampton Hallam Road, Hampton Park: pedestrian Park community renewal project. And the tragic loss of five young lives gave our local community a strong crossing determination to make Hallam Road as safe as it can be Ms GRALEY (Narre Warren South) — My for both motorists and pedestrians. Given that more adjournment matter is for the attention of the Minister than $300 000 is being invested in an important for Roads and concerns the planned new signalised signalised pedestrian crossing at St Kevin’s, it makes

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2564 ASSEMBLY Tuesday, 16 August 2011 sense to extend the hours of its operation so that recognised as having major festival status by Arts pedestrians can cross the busy Hallam Road safely. I Victoria. Arts Mildura’s vision is to be a regional leader ask that the minister ensures that the pedestrian crossing in promoting innovative and challenging art. is operational 24 hours a day, seven days a week. Underpinning its ability to achieve this vision is the organisation’s mission to explore and celebrate Arts Mildura: event marketing Mildura’s unique regional identity. I urge the minister to support these wonderful programs. Mr CRISP (Mildura) — I raise a matter for the attention of the Minister for Tourism and Major Events. Planning: government policy The action I seek is for funds to help market the following events that will be delivered by Arts Mildura: Mr McGUIRE (Broadmeadows) — The issue I the 2011 Mildura Palimpsest, the 2011 Mildura Jazz, raise is for the attention of the Minister for Planning. Food and Wine Festival, the Murray River International The action I seek is for the minister to end his cover-up Music Festival and the Mildura Wentworth Arts of the details that led to my assessment in this place and Festival in early 2012. Mildura has been developing its in the Age that the Baillieu-Ryan regime has effectively festivals and events as part of its tourism strategy for a established a favour bank for secret deals and opened long time. The Mildura Rural City Council has a the door to potential corruption on infrastructure to the dedicated unit, and everybody in Mildura would be value of $200 million. Cover-ups are defined by the aware of the work of Julie Jewell in this area. Mildura crucial details governments do not disclose. The Tourism has strongly supported the event and festival Minister for Planning has enshrined in black-letter law culture through its staff, board and CEO, Rod operating since 30 June the power to make deals with Trowbridge. Mildura has developed a strong arts, music developers behind closed doors but has since been and food culture, which Arts Mildura continues to declaring to Victorians that nothing will be hidden. This expand and promote to a wider market. is despite the ongoing controversy surrounding the relationships between the Liberal Party fundraiser Palimpsest, which means a parchment that has been Business First; property developer, lobbyist and former partly erased and re-inscribed, is involved in evoking Liberal MP Geoff Leigh; and several government the marks made by human settlement on the land; the frontbenchers, including the Minister for Planning, the passage of time, presence and absence; and the web of Treasurer and the Premier. interdependence connecting the natural and the cultural and the material and the immaterial spheres of The DEPUTY SPEAKER — Order! Could the existence. The Mildura Jazz, Food and Wine Festival is member for Broadmeadows clarify the action he is a well-established event that has attracted many locals requiring? and visitors to the Mildura district over the past 30 years. The event takes place as an annual springtime Mr McGUIRE — I did. The action is for the festival, presenting four days of round-the-clock jazz minister to end his cover-up by providing the details. entertainment in popular clubs, bars, cafes, restaurants and churches, as well as street-side and riverside It is essential for the probity of government, particularly venues. The feature events utilise unique Murray River a government that was elected on the promise of a new settings and all events showcase regional food and era of transparency and accountability, that the wine. precondition that opens the door to a favour bank be closed immediately. In spite of an overwhelming trend The Murray River International Music Festival, next in for governments to establish independent processes, January and February of 2012, began as an initiative of mechanisms and bodies, the Baillieu-Ryan regime has Stefano de Pieri and Helen Healy and has been running centralised the planning process. This makes the for six years. It is a fine music festival, presenting Minister for Planning the ‘Let’s make a deal’ Minister world-class Australian and international musicians to for Property Developers in Growth Areas. This is audiences in unique locations along the Murray River, entirely inappropriate. including Mildura. Each day of the festival’s program provides world-class performances combined with The planning minister has sole discretion on the value master classes, workshops and school visits. The artists of each piece of infrastructure up to $2 million under perform in a variety of venues, including riverside the work-in-kind (WIK) agreements in legislation he settings, riverboats, wineries and regional arts venues. introduced. Above this value the only condition is the Treasurer’s signature, yet the Treasurer is not legally The Mildura Wentworth Arts Festival is one of required to be involved in the negotiations. There is no Australia’s leading regional festivals and has been legal requirement for an independent assessment of

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Tuesday, 16 August 2011 ASSEMBLY 2565 whether taxpayers are receiving value for money or in the Sandringham electorate for the benefit of whether developers are receiving sweetheart deals. members of the Highett and wider community. There is no legal requirement for local councils, the tier of government best placed to understand community Earlier this year the City of Bayside pushed for an area needs, to participate or be consulted. There is no of land to be set aside for passive and active recreation defined strategy to coordinate Victorian government space and to preserve remnant vegetation. Recently I departments, much less the three tiers of government, to travelled to Canberra and met with representatives of deliver projects of vital importance to social cohesion. the CSIRO to put the case on behalf of members of the This is a re-run of the ad-hoc schemes that failed local Highett community — long-term residents, one of Broadmeadows for half a century and took more than a whom has lived in Middleton Street, Highett, since decade to redress under Labor governments. 1945.

The only constraint on the planning minister’s ability to The particular area of land that I have an interest in at negotiate alone with developers is a mere consideration, the present time is the land more generally bound by which is for the Minister for Planning to consult with Bay Road, Graham Road, Highett Road and Middleton any other minister that the Minister for Planning Street, which approximates 9.3 hectares. What I seek considers has a relevant interest in the subject matter of from the minister ultimately is his careful consideration the agreement. That is it! The minister has not disclosed of that site and the development of not only an area of how an agreed value will be determined, how the public public open space but also an area of parkland for the will be able to compare and contrast infrastructure benefit of future generations of the Highett community. delivered through WIK agreements, why local councils are omitted from this process under the law, if the What the people seek is a square deal from the Treasurer will be involved in the WIK negotiations, government, and I note that it was 1947 when members why all government departments are excluded under of the local Moorabbin council and the Highett these laws, why there is no legal requirement for a Progress Association had an active interest in the cost-benefit analysis on WIK projects or why details of conservation of this area of land. A letter at the time WIK negotiations will be kept secret. This is called a had been written to the Prime Minister — or rather, a cover-up. telegram had been forwarded to the Prime Minister — which was reported in the then Moorabbin News of On the day the Premier proclaimed that political debate 19 December 1947. A reply was received and reported should be based on issues, not personal attacks, the in the newspaper in which then Prime Minister Chifley minister responded in the Age to the issues I raised in said it was not possible to take the 5 acres at the the public interest with an attack aimed at discrediting northern end of the site but that it may be possible to my reputation. For the record, the model I pioneered in preserve the land at the southern end of the site. Broadmeadows for creating smarter, healthier and better connected communities is Melbourne’s Some 64 years later nothing has eventuated, and I invite nomination for the Metropolis Awards. the minister to visit the site to see what potential there is to preserve important land that could be public land or The DEPUTY SPEAKER — Order! The parkland proximate to the Highett railway station for member’s time has expired. the benefit of not only future generations of the local Highett community but also future generations of Planning: Highett open space people in the city of Melbourne.

Mr THOMPSON (Sandringham) — I wish to raise Buses: Kinglake service a matter for the attention of the Minister for Planning. The action I seek is for him to visit my electorate, Ms GREEN (Yan Yean) — I wish to raise a matter specifically areas of land in the suburb of Highett, to for the attention of the Minister for Public Transport, consider development implications, particularly in and the urgent action I seek on behalf of families living relation to the CSIRO land in Highett. in Kinglake, Kinglake West, Pheasant Creek and Humevale is the reinstatement of bus services to There is a history of the CSIRO entitled The End Was support people in these bushfire-affected areas, to Build Well. The Sandringham electorate is very keen specifically those without cars or licences and to not only look to the past and have a history that says especially the elderly or teenagers. My staff and I have the end was to build well but also focus at the present been inundated with hundreds of community members time on the end being to build well. This is in the distressed by the callous withdrawal, which was made context of preserving strong areas of public open space without notice, of this service to commuters. These

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2566 ASSEMBLY Tuesday, 16 August 2011 commuters would have had no idea that the service was the member for Yan Yean to come back to the matter going to be cut in this way because new bus stops had she has raised for the Minister for Public Transport. just been installed in recent months. Ms GREEN — I support the Murrindindi Shire Yan Yean and Seymour residents have been Council. gobsmacked by the inaction and disregard shown by the member for Seymour. They have in fact come The DEPUTY SPEAKER — Order! The beating a path to my door because the member for member’s time has expired. Seymour failed to respond to their concerns for weeks. She told several media outlets that she was not allowed Bushfires: native vegetation clearance to speak on the matter unless given express approval by Mr WAKELING (Ferntree Gully) — I wish to the Minister for Public Transport. She also refused to raise a matter for the Minister for Environment and join the community group’s Facebook page in support Climate Change, and the action I seek is for the of reinstating the buses, and she misled Plenty Valley minister to request that the Department of Sustainability FM by saying that she did not use Facebook and did not and Environment facilitate discussions with local allow anyone in her family to use Facebook, yet when I emergency service organisations regarding the potential met with community members in Kinglake they application of the 10/30 right to sections of the Knox showed me on their iPads and iPods that she does in community. fact have her own Facebook profile. As a result of the Black Saturday bushfires the former The member for Seymour has a lack of desire to stand Brumby government implemented the 10/30 right up for this community. She also refused to meet throughout parts of Victoria. The 10/30 right allows 80 Kinglake residents concerned about this matter who residents on their own property to clear any vegetation, wanted to present a petition to her to be tabled in this including trees, within 10 metres of a house and any place. When I was elected I knew that members are vegetation except for trees within 30 metres of a supposed to stand up for their community, and I building used for accommodation that existed or was accepted the petitions from — — approved before 10 September 2009 without having a Ms McLeish — On a point of order, Deputy permit, provided the vegetation is removed for bushfire Speaker, I ask the member for Yan Yean to correct the protection only. Residents are also allowed to clear all Hansard, because at no stage did the member for vegetation, including trees, within a combined Seymour state to those media outlets exactly what the maximum width of 4 metres on either side of a property member for Yan Yean has said or anything even close. boundary fence that was constructed before 10 September 2009, with the consent of the relevant The DEPUTY SPEAKER — Order! That is not a land managers. point of order. Does the member for Seymour take offence at the statements made by the member for Yan When the program was introduced by the former Yean? government 20 metropolitan municipalities were excluded. In principle this exclusion seems quite Ms McLeish — Yes, and I ask that she withdraw. logical, given that metropolitan councils are not at risk of bushfires and given that the application of the The DEPUTY SPEAKER — Order! The member 10/30 right would be inappropriate to remove protected for Yan Yean will withdraw the statements. vegetation under the false pretence of bushfire mitigation. Ms GREEN — I will withdraw. I suggest the member for Seymour check the transcript from Plenty The City of Knox has been deemed a metropolitan Valley FM, because I think she will find that the municipality and as such is excluded from the statements are in fact correct. 10/30 right. The municipality of Knox is abutted by Dandenong Ranges National Park to the east and Mrs Victoria — On a point of order, Deputy Lysterfield State Park and Churchill National Park to Speaker, it has been brought to my attention on the south. Accordingly the suburbs of Lysterfield, numerous occasions that an adjournment debate is not Ferntree Gully, Rowville, Upper Ferntree Gully, an opportunity to attack another member of this house. Boronia and The Basin abut significant native vegetation. The 10/30 right is not afforded to any of The DEPUTY SPEAKER — Order! I will rule on these suburbs, whereas neighbouring suburbs in the the point of order. I uphold the point of order, and I ask

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Tuesday, 16 August 2011 ASSEMBLY 2567 shire of Yarra Ranges are afforded the benefit of the Indian Associations of Victoria and VicUrban to fix the 10/30 right. mess left by the former government. The Little India traders tell me that the minister is well aware that FIAV In regard to my community, I polled residents in areas is not representing these traders on this issue, and they of my electorate that abut both the Dandenong Ranges have told the minister in no uncertain terms that they do National Park and Lysterfield State Park to determine if not want to drag FIAV into this saga. a portion of Knox should be afforded the 10/30 right. Overwhelmingly these residents believed that the The traders are very keen to know the details of the 10/30 right should be afforded to sections of Knox. It is minister’s version of the mess created by the previous clear that a significant section of the Knox municipality government. The minister has not explained it well. does not require the application of the 10/30 right. Whether or not the minister realises, he is now in However, it is appropriate that the relevant emergency government, and he promised to fix the problems. He service agencies — namely the Country Fire Authority, should do as he promised. During the time of the Victoria Police and the State Emergency Service — previous government he was the shadow Minister for and Knox City Council be consulted to determine the Planning. Traders would like to know what he did appropriate location for the 10/30 right within the about this mess as it was taking place when he was the municipality. shadow minister. Was he asleep at the wheel? When did he open his mouth on behalf of these traders? What Therefore I call upon the Minister for Environment and did he do as the shadow minister? Climate Change to take action, and I request that the Department of Sustainability and Environment facilitate Not only does this show that the minister is inactive, discussions with local emergency service organisations uncaring and lazy, but when in opposition he was an regarding the potential application of the 10/30 right to inactive, uncaring, lazy shadow minister as well. sections of the Knox community. Therefore due to his inaction the minister’s meeting with the Little India traders has been reduced to a Foster Street, Dandenong: traders cynical political exercise. The livelihood of these traders is under threat. They do not appreciate anybody Mr PERERA (Cranbourne) — I wish to raise a using their plight as a political football. matter with the Minister for Planning. The action I seek is for the minister to work with the Urban Renewal The Hindu civilisation is over 2000 years old, not Authority Victoria and the traders of Foster Street, 200 years. All these traders are very familiar with the Dandenong, known as the ‘Little India’ traders, to come democratic system of government — — up with an appropriate compensation package for the loss of business caused by disruptive construction work The DEPUTY SPEAKER — Order! The carried out by the URAV and to establish long-term member’s time has expired. lease agreements with the traders to provide long-term business certainty. Environment: Blackburn site

Over 50 days ago the minister visited Foster Street, Ms RYALL (Mitcham) — My matter is for the Dandenong, and listened to the concerns of the traders. Minister for Environment and Climate Change. I ask On that occasion he made a commitment to tackle this that he visit the former Caltex site in Blackburn Road, issue head on. The Minister for Multicultural Affairs Blackburn, to speak with traders and view the eyesore and Citizenship also visited the traders at about the of this station that has been derelict for 15 years. Locals same time. In my letter to the minister dated 15 July have not been able to use the site due to it being 2011, exactly a month ago, I raised this issue with him contaminated and because there is a dispute between again and urged him to take action. Neither the minister Caltex and Jonkan Property Co. about the clean-up nor the government had the decency to respond to me responsibilities. or the traders. The minister’s colleagues frequently boast about government members’ business credentials. In 2004 a private agreement was signed between the However, on this occasion either the minister has two organisations to share the costs of the site displayed his utter ignorance about these small business remediation. Caltex then completed a conceptual site operations or he does not care about these traders for model report in December 2008. In 2010 the some reason or other. Environment Protection Authority issued both parties with clean-up notices requiring investigation and the When interviewed by the Dandenong Leader, the clean-up of their contributing contamination. The minister said he was working with the Federation of previous member for Mitcham reported to the

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Whitehorse Leader that he had a 2-foot thick file on the Mr Wynne interjected. issue and had been unable to resolve it. I have had library staff run checks on Hansard, and they have been The DEPUTY SPEAKER — Order! I can manage unable to find any occasion when the former member without assistance from the member for Richmond! raised this issue in the Parliament. It is clear that in his That was my interpretation of what the member for 13 years in office the previous member was not on top Broadmeadows was saying, and I ask that in future he of the issue. think carefully about how he phrases the actions he seeks. Caltex is required to provide its clean-up plan this month, with Jonkan’s due in November. This site is a Responses complete eyesore. It affects the amenity of the Blackburn Station Village shopping centre and the Ms ASHER (Minister for Innovation, Services and community, and the traders have had enough. This has Small Business) — The member for Mildura raised an gone on for 15 years. The issue needs to be resolved issue with me regarding support from Tourism Victoria promptly. I ask the minister to visit the site with me, for a number of events and festivals in his local area. In view this eyesore and talk to local traders. particular he referred to the Mildura Wentworth Arts Festival, which will be held from 24 February to The DEPUTY SPEAKER — Order! Before I call 11 March 2012. That event was particularly successful ministers to respond I would like to draw the attention in 2010, with 6 per cent of attendees coming from of all members of the house to standing order 121 Melbourne and 28 per cent from interstate, so there is a headed ‘Moving around the chamber’, which states that clear tourism benefit for his region from it. The members ‘must not pass between the Chair and …’. I member also asked for support for the Murray River also draw to the attention of members, particularly the International Music Festival, which will be held from member for Yan Yean, that Rulings from the Chair 24 January to 4 February 2012. This event has a record states: of success, but obviously flooding in the last year has inhibited its success. It is out of order to cross between the Chair and the member addressing the Chair, this includes ducking under the line of The member for Mildura asked for support for the sight. Mildura Jazz, Food and Wine Festival to be held from I ask the member for Yan Yean not to do that in the 28 October to 31 October. This is an event which has a future. history going back to the 1970s. I am advised that Melbourne-based and interstate visitors are consistently Ms Green — On a point of order, Deputy Speaker, attracted to the event, and its estimated economic could I just seek clarification, I understand the ruling, impact to Mildura is $1.5 million. The member asked but I was simply moving back to my chair to get a pen for support for the Mildura Palimpsest to be held from when I moved into your line of sight. I apologise if you 9 September to 11 September. It is a visual arts festival saw it in that way, but I think that if a member is trying which is very important to the region. I advise the to do their job and they are stuck at the table — — house that in 2010 approximately 3000 people attended from Mildura, regional Victoria, regional New South The DEPUTY SPEAKER — Order! The standing Wales and South Australia. In terms of tourism support, orders and the Rulings from the Chair are very clear. it truly qualifies. The member for Yan Yean ducked and moved across my line of sight. I can add in an event that the member did not mention, which is the Mildura Writers Festival, which has now Mr R. Smith — On a point of order, Deputy received consideration for funding for advertising. That Speaker, could I ask for your clarification in regard to event was held from 14 July to 17 July. The combined the request from the member for Broadmeadows? The funding from Tourism Victoria for the promotion of action he sought was to ‘end the cover-up’, and with these events will be $50 000. We hope these events will that request comes a presumption that there is a boost tourism to Mildura. The member has been very cover-up, so I would like some clarification on the strong in his advocacy for these events for some time, issue. and I am delighted to inform him that the funding will be granted in accordance with his wishes and requests. The DEPUTY SPEAKER — Order! I understand the member’s concerns. I think the member for Mr MULDER (Minister for Public Transport) — I Broadmeadows was seeking information and further wish to respond to an issue raised by the member for details but did not express it in that way. Narre Warren South in relation to the planned

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Tuesday, 16 August 2011 ASSEMBLY 2569 pedestrian crossing on Hallam Road that will service traffic signals in response to her request. I congratulate St Kevin’s Primary School and, I understand, also the the member for the amount of work she has put into this church. The member has raised concerns in relation to issue. She has attained a great result for her community. the operating times of the crossing. She seems to be of the opinion that perhaps the pedestrian crossing will The member for Yan Yean raised an issue in relation to only operate during school hours, and she said that a shuttle bus service for the Kinglake area. The member mass takes place most days at different times of the made a series of statements supporting her call for the day. She asked me to follow up with VicRoads to see return of the shuttle service or the provision of a bus whether or not it is possible for the pedestrian crossing service for the people of Kinglake. Firstly, the member to operate not just on school days but also on other days for Yan Yean claimed it was the government of the day of the week. It is a very important issue. I imagine a lot that forced the withdrawal of the shuttle bus service. I of elderly people attend mass at different times of the advise the member for Yan Yean that the withdrawal of day. I will raise it with VicRoads to see whether we can the shuttle was flagged with the Murrindindi Shire get a positive response for the member, and I thank her Council by the former Minister for Public Transport in for raising the issue with me. a letter dated 18 September 2010. The former Minister for Public Transport wrote to the Murrindindi Shire The member for Williamstown raised a matter with me Council and advised that that was the case. in relation to the traffic counts that are conducted by VicRoads with local councils. These counts were put in Ms Green — On a point of order, Deputy Speaker, I place following curfews. They are usually conducted have this evening given to Hansard with my notes a during March to monitor general truck movement document from the mayor of the shire of Murrindindi throughout these areas. I understand that in the past the which absolutely rebuts what the Minister for Public concentration has been on Buckley Street, Francis Transport is saying. Street and Somerville Road. The member indicates that he has not seen the results of those particular counts. I The DEPUTY SPEAKER — Order! This is will raise the matter with VicRoads through the course information; it is not a point of order. What is the of this week to find out where it is in terms of member’s point of order? producing those particular results. I understand they Ms Green — That the minister is misleading the have been provided in the past, and if that is the case I house. The mayor of the shire of Murrindindi see no reason why they should not be provided. I will absolutely rebuts what the minister is saying. certainly follow it up with VicRoads, and I thank the member for raising that issue with me. The DEPUTY SPEAKER — Order! That is not a point of order. The member for Bayswater has raised a matter with me in relation to High Street and Mountain Highway in Mr RMULDE — In my response I am reading Bayswater. I believe the member has raised this from notes that have been provided to me by the particular issue with me in the past, and it is in the light department and information which was sent to the of investigations that some action is going to take place. Murrindindi Shire Council by the former Minister for On behalf of her constituents the member for Public Transport in a letter dated 18 September 2010. Bayswater has requested that VicRoads modify the traffic signals so that the green pedestrian phase begins The second issue I would like to raise in relation to this earlier to ensure pedestrians are well established and matter is also — — visible on the Mountain Highway crossing before turning vehicles from High Street and Valentine Street An honourable member — September or are given a green light. December?

Furthermore, I understand VicRoads is also going to Mr MULDER — It was dated 18 September 2010. install signage to advise pedestrians at the intersection The second issue that I would like to raise with the to watch for turning traffic as they cross Mountain member is in relation to the Department of Transport Highway, and the signage and signal works are advising the Murrindindi Shire Council of the expected to be completed by the end of August 2011. withdrawal of the shuttle service in a letter dated — I VicRoads will continue to monitor the operation and apologise — 22 June 2011, and that was when the issue safety of the intersection to determine the need for any was raised with me. Passengers were advised prior to further improvements in the future. The member for the withdrawal of the shuttle with notices placed in Bayswater has put a considerable amount of work into buses on both the shuttle route and route 562. this particular issue, and VicRoads will modify the

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I have recently had discussions with the member for The member for Broadmeadows raised an issue for the Seymour in relation to this issue. She has been in Minister for Planning asking that he end a presumed contact with the people of Kinglake. I currently have cover-up. the department working on a proposal to provide a service that meets the needs of the community. Even The member for Sandringham also raised an issue for the community recognises that the shuttle running the Minister for Planning. He asked that the minister backwards and forwards empty on a number of visit an area of land in Highett to consider the occasions was not the best use of those particular funds. development implications on the CSIRO site. Obviously there is a need to improve public transport in the Kinglake area. We will work through that with the I say to the member for Cranbourne, who I observe is member for Seymour who will work with local still in the chamber, that many of the issues surrounding councils and the local community. Once the department Little India and the Urban Renewal Authority Victoria has come up with an option we believe best suits the began under the previous Labor government. The needs of that community we will proceed. former Minister for Planning and now member for Essendon was not clear as to what was happening in However, I will point out that the withdrawal of the that area. I note that the member for Cranbourne said shuttle service was flagged with the Murrindindi Shire that this issue should not be used as a political football. Council by the former Minister for Public Transport in That is a little hypocritical, in that I noted that the a letter dated 18 September 2010. That is when this Leader of the Opposition was down there recently started. The community was always aware that this was getting his photo taken for the local press. It makes me a temporary service that was being provided to it. The wonder why the Leader of the Opposition did not raise then Minister for Public Transport in the Brumby Labor these issues when he was a minister and sitting around government told the council the service was going to be the cabinet table. withdrawn. We are now taking steps to ensure that we can provide the community with a service. That service Mr Wynne — On a point of order, Deputy Speaker, will be negotiated with the local community and with there has been a worrying trend in the adjournment. We the department. I congratulate the member for Seymour acknowledge that a number of ministers have come into for the work that she has done and for raising this issue the chamber to answer questions put by government with me. and opposition members, but I suggest that the Deputy Speaker provide some counsel to this minister and Mr R. SMITH (Minister for Environment and indeed other ministers who are taking the opportunity Climate Change) — In relation to the matter raised by in their answers to stray into attacking the previous the member for Mitcham I am certainly aware of the government. With respect, that is not what the issues surrounding the former Caltex service station. I adjournment is about. am aware that the issues of contamination on that site and the adjoining site have not been dealt with as The DEPUTY SPEAKER — Order! I have heard quickly as the EPA (Environment Protection Authority) sufficient from the member for Richmond on his advice would have preferred. to the Chair, and I will consider it. I ask him to take his seat. Both owners of the respective sites, the Caltex site and the adjoining one, have been required by the EPA to Mr R. SMITH — May I also say in closing that I supply clean-up plans, but I appreciate that the am advised that a former trader in the area has a case community in the electorate of Mitcham is urgently before the courts between him and the Urban Renewal looking for an outcome, and I will happily meet with Authority, so I advise the member for Cranbourne that her at the site and have a chat to local traders, as she perhaps we have to be careful in what we say in this requests. chamber about that issue.

The member for Ferntree Gully raised issues Having said that, I will make sure the Minister for surrounding the 10/30 right. I commend the member for Planning is aware of those three issues and responds to Ferntree Gully on not advocating for a prescriptive them. outcome from government but rather advocating for the The DEPUTY SPEAKER — Order! The house opportunity for his community to have input into the will now adjourn until tomorrow. eventual outcome. I understand that within my department some preliminary arrangements have been House adjourned 10.43 p.m. made about putting together some of those meetings he is requesting, and I will make sure the department expedites those meetings and gets them done before the fire season.