8 Oct 1997 Petitions 3655

WEDNESDAY, 8 OCTOBER 1997 Wahroonga From Mr Dollin (1,602 petitioners) requesting the House to support the retention of the Wahroonga units and cottages under Mr SPEAKER (Hon. N. J. Turner, Nicklin) the control of Queensland Health and that the read prayers and took the chair at 9.30 a.m. land not be transferred to any other department and further that the House direct the Government not to demolish the units prior PRIVILEGE to the next State election. Comments by Ms M. Walsh Mr GRICE (Broadwater) (9.31 a.m.): At Program for Heroin Addicts about 2.15 p.m. on Thursday, 1 October last, From Mr Healy (68 petitioners) requesting my electorate secretary received a telephone the House to ensure that the State and call from a person who identified herself as Federal Governments of Australia immediately Melinda Walsh and who wished to speak with send appropriately qualified people to Israel to me. I was absent from my office at that time. Ms Walsh informed my electorate secretary look at the program to help heroin addicts, as that she was engaged in some commercial recommended by Dr Andre Waismann, to evaluate and learn about the program and, if it litigation with Mr Bob Ell, whom she described is as good as it seems, then to quickly set up as a "big developer", and that that legal action trials in all States of Australia. followed an alleged cancellation of some contractual arrangement that she had with Mr Ell. Ms Walsh, whom I do not know and to the Birthing Centres in Public Hospitals best of my knowledge have never met, From Mr Horan (121 petitioners) informed my electorate secretary that, if I did requesting the House to provide birth centres not encourage Mr Ell to resolve that matter in all public hospitals. immediately, certain information about my alleged relationship with Mr Ell would be brought to the attention of the Labor Party. Tenancy Management of Public Housing From Mr Mackenroth (1,307 petitioners) Ms Walsh claimed that certain information regarding what she alleged were my requesting the House to ensure that (a) the association and business dealings with Mr Ell Department of Public Works and Housing had been forwarded already to the shadow immediately abandon the pilot program which Attorney-General, Mr Foley. I have had no will see the outsourcing of some tenancy business dealings with Mr Ell or his companies. management functions of public housing to Having been informed of that message by my real estate agents and some community electorate secretary, I immediately placed it in housing groups; (b) all aspects of public the hands of the police. I did not speak to Ms housing provision remain in the public sector; Walsh, nor have I spoken with Mr Ell about it. I and (c) the Department of Public Works and regard this matter as a most serious form of Housing consult with public tenants and attempted intimidation of a member of housing organisations to develop improved Parliament. In my years of professional sport methods of tenancy management by the and other business dealings, I have never department. been prepared to accept quietly any attack on people in my employ by those who seek to Gatton-Gympie Gas Pipeline attack or threaten me and I will not now. From Miss Simpson (1,080 petitioners) requesting the House to ensure that the Allgas PETITIONS Energy Ltd gas transmission pipeline from Gatton to Gympie follow existing road or rail The Clerk announced the receipt of the corridors where it will have minimal impact on following petitions— the environment and private properties.

Browns Plains Police Station Bribie Island State Schools From Mr Barton (9,075 petitioners) From Mr J. H. Sullivan (212 petitioners) requesting the House to restore Browns Plains requesting the House to place Bribie Island Police Station to a 24-hour station, operating State Schools (Bribie Island State Primary seven days a week, with additional police School, Banksia Beach State School and being recruited to Browns Plains as the Bribie Island State High School) in the population increases. education district of Murrumba. 3656 Ministerial Statement 8 Oct 1997

Community Legal Centres policing strategies and crime issues in each From Mr Wells (17 petitioners) requesting region. Additional professional guidance and the House to ensure that (a) community legal support will be provided by ACRO, which will centres continue to receive funding of oversee the 12-month program. $275,000 from the State Government and The CPP program is designed to $500,000 through the Legal Aid Commission autonomously manage and implement local Queensland which covers 15 centres; and (b) crime prevention efforts but will also be backed that it be increased to a level which provides up by a high-powered central board, which will adequate and proper funding to unfunded and provide the top-level Government muscle to poorly funded services. assist those local initiatives to get off the Petitions received. ground. Importantly, this structure will provide the greater organisational support and direction to CPPs that the Criminal Justice PAPERS Commission recently identified as lacking in The following papers were laid on the the existing community consultative committee table— system. The CJC's report acknowledged that Deputy Premier, Treasurer and Minister for The the CPP scheme "has the potential to address Arts (Mrs Sheldon)— many of the problems identified", giving the CPP concept the big tick. Queensland Treasury—Annual Report for 1996-97 Today I am pleased to report another Response from Attorney-General and Minister significant major milestone, and significant for Justice (Mr Beanland) to Parliamentary policy initiative in its own right, related to this Criminal Justice Committee Report No. 38— important project. Better coordination of The Accountability of the CJC to the PCJC programs across Government with the Response from Attorney-General and Minister integration of criminal justice and social for Justice (Mr Beanland) to Parliamentary development systems would support the Criminal Justice Committee Report No. 39— achievement of consistency, minimise The CJC's Jurisdiction over Elected Officials. duplication and ensure a more efficient utilisation of the available pool of resources. MINISTERIAL STATEMENT With this in mind, the Government has decided, as part of the CPP project, to Community Policing Partnership; Social instigate a new executive Social Development Development Coordinator Coordinator role to pro-actively manage the Hon. T. R. COOPER (Crows Nest— implementation of this program between Minister for Police and Corrective Services and Government, local authorities and community Minister for Racing) (9.36 a.m.), by leave: The groups. The Social Development Coordinator centrepiece of the coalition's crime prevention will in turn fulfil a key position on the central and community policing policy is the creation board overseeing the project and is critical to of a structured and resourced approach to its success. Put simply, the SDC will be working crime prevention that has never been tried to point available resources in the most before. From this policy has evolved the effective direction possible, instead of having Community Policing Partnership program them work at cross-purposes or heading off on which will be trialled in seven locations around different tangents when the overall goal of the State. The CPP program presents a addressing underlying social issues is the formula and a mechanism which ensure that same. the necessary support for locally devised crime The Social Development Coordinator will prevention initiatives is provided at all levels. act as Chairman of the Chief Executive First of all, local mayors are drawn into the Officers Steering Committee on Social equation as chairman of the CPP to provide Development and will contribute to social policy drive, leadership, continuity and direction to development and the evaluation of existing community initiatives. In addition, the State is programs, as well as maintaining a pro-active providing $50,000 in each of the seven CPP approach to resolving identified problems. I am areas to fund a full-time coordinator's position. pleased to advise the House that Mr Tony Hill This will ensure that essential work at the has been appointed to the Social coalface level is done, and done Development Coordinator role. Mr Hill has had professionally, and locally generated initiatives extensive experience in policy formulation and are driven from a central point. Senior police implementation both as a senior manager will be required to serve on the CPP board, within the correctional services system and as providing high-level support and input on a QCSC commissioner. He has also worked as 8 Oct 1997 Ministerial Statement 3657 a field officer in both the child welfare and launch small, low-orbit satellites, the first of Aboriginal affairs portfolios. which is to be in orbit by the year 2001, and This initiative recognises the importance will be called FedSat. of social justice issues in the whole crime An Opposition member: Who? prevention equation. This development is Mr SLACK: FedSat. responsive to the myriad social issues that impact on crime and the criminal justice Opposition members interjected. system that will reverberate right down to the Mr SLACK: It is interesting to hear the local level in each of the seven CPP trial areas. Opposition members' reactions to positive The CPP program has generated a significant statements in this House. All I can detect from amount of interest, not just here in the Opposition is negativity, negativity, Queensland but also from observers interstate negativity. Whenever the Government gets up and internationally who recognise that this and makes announcements—which it is level of commitment and this Government's always doing—about initiatives that are approach to crime prevention is at the cutting positive to the benefit of jobs in Queensland, edge. all the members opposite do is knock. Mr SPEAKER: Order! The House will MINISTERIAL STATEMENT come to order. The Minister will not debate the issue. Satellite Technology Research and Mr SLACK: The Brisbane Satellite Development Centre Systems Laboratory will develop and Hon. D. J. SLACK (Burnett—Minister for undertake satellite tracking and provide state- Economic Development and Trade and of-the-art, on-board computing systems to Minister Assisting the Premier) (9.40 a.m.), by manage satellite functions. The opportunities leave: I am pleased to be able to inform the for Queensland industry are estimated to be in House of a new milestone in the development the order of $13m over the first three years. of Queensland as a researcher and developer This Government's support for the of space-related high-technology establishment of the centre will also help communications equipment. This is an attract $4m of Commonwealth funding to the announcement I make initially in Parliament State in the lead-up to the FedSat launch. before inspecting the project site at the But most pleasing of all are the Queensland University of Technology a little employment opportunities that the project will later in the morning. open up. Queensland's computing, science, Queensland is to be a national leader in and engineering graduates and workers will the development and launch of Australia's first benefit from the many smart jobs this project low-orbit satellite in 30 years. I am pleased to and subsequent space technology-related inform honourable members that this projects will provide. significant development follows Cabinet's The national interest will also be decision in principle to provide funding support advanced. Foreign firms currently provide for the development of a satellite technology almost all of the advanced space products and research and development centre in Brisbane. technology used in Australia. In order to The Government will provide $1.2m to the secure long-term benefits, both in intellectual Queensland University of Technology and and economic terms, we must foster space Griffith University over five years for the research and the development of an development of the centre. This is conditional Australian space industry. on the Government receiving a business plan in the centre's first six months of operation. In making this announcement, I thank my MINISTERIAL STATEMENT department and my ministerial colleague the Silicon Studio Training Centre Minister for Tourism, Small Business and Hon. B. W. DAVIDSON (Noosa—Minister Industry, Bruce Davidson, for his work and that for Tourism, Small Business and Industry) of his department. Also involved in the (9.43 a.m.), by leave: Yesterday in this House project's development will be the Queensland the member for Bundamba was again at his Science and Technology Council. shameful worst. Without a hint of decency or The research and development facility will concern for the careers and job prospects of be established under the Commonwealth's others, he went about trying to wreck one of Cooperative Research Centre for Satellite this Government's most outstanding Systems program. This program aims to successes in the IT and T field. 3658 Ministerial Statement 8 Oct 1997

The Silicon Studio Training Centre, which I Northern Indigenous Media Association; Dr am proud to support as a state-of-the-art IT Tom Cochrane, Pro-Vice-Chancellor of QUT; Dr training facility, is the member for Bundamba's Brian Cook, Pro-Vice-Chancellor of Griffith latest target. It has all the criteria he looks for University; Dr David Ross, General Manager of in something he wants to destroy: it is a good Distance Education, University of Southern idea, it is jobs for Queenslanders and it is good Queensland; Associate Professor Geoff Arger, for this State. So the member has gone about Director of the Flexible Learning Unit at James trying to destroy the Silicon Studio and with it Cook University; Mr Olaf Moon, CEO of the job prospects and career aspirations of QANTM; Mr John Brandl, of the Department of 180 young Queenslanders to whom this Tourism, Small Business and Industry; Mr Government has provided the opportunity to Phillip Pike, from Arts; and Ms Alice-Ann gain new high-tech multimedia skills. McRobbie, Director of the Cairns Regional Gallery. The Silicon Studio Training Centre was established as a result of the efforts of myself But their idea of achievement is a bit and the Premier in negotiation with Silicon different to that of the member for Bundamba. Graphics, one of the world's most respected They see creating a job as an achievement. and advanced software companies. Silicon The member for Bundamba sees destroying a Graphics is recognised worldwide as the best, job as an achievement. These people most innovative multimedia company on earth. administer QANTM and the Silicon Studio In the US, Business Week magazine Centre. Does the member honestly suggest described Silicon Graphics as "the most that they are rorting taxpayers money? Does magical computer company on the planet ... he say that Les Riley is ripping off the the genuine article." Its clients include Boeing, Queensland Government? Does he say that BMW, Mercedes, Disney Corp, BHP and Ian Reinecke is ripping off the Queensland movies such as Toy Story and Independence Government? Does he say that Olaf Moon is Day. ripping off the Queensland Government—Alex Smith, Geoff Arger? Why does the member The training centre offers training in a not have the guts to name a name? Which of range of skills such as special effects, these people does the member say is ripping animation and other multimedia areas. It is off the Queensland taxpayer? fully owned and operated by QANTM, a cooperative multimedia centre established by The members of this board were fine a consortium of major universities and the when the member's Government appointed Queensland and Northern Territory them. They were fine when his mates in Governments four years ago. QANTM is now Canberra gave them nearly $4m. But now that the largest of the six CMCs around Australia, the member is off the ministerial leather, he is with offices in Darwin, Townsville and Brisbane. happy to throw them to the dogs. These It is highly recognised by the Federal people must be asking why the member for Government and by companies and Bundamba is trying to destroy this opportunity Governments from other States. for Queensland. The answer is that the most important thing to him in his political career is QANTM has trained over 300 students in point scoring. My priority is to create jobs and its other facilities already, despite being a new economic growth in this State. The member's company. It has produced a wide range of priority is to get another run on the evening digital materials, including CD-ROMs for the news. My priority is to have a go and create Northern Territory Government and a large opportunities for Queensland. The member's number of web sites for both corporate and priority is to get a political scalp, even if he has Government clients. It was established with the to wreck jobs and lives in the process. The assistance of a total grant of $3.9m from the member knows that all he will ever have to do Keating Labor Government. is carry on in this House or in the press and I The board of QANTM is made up of will be the one who has to explain to young achievers. The board includes senior business Queenslanders how their futures have been and academic figures including Mr Les Riley, damaged by the member's actions. The next Managing Director of Channel Seven time the member is up in the Strangers Bar Brisbane; Dr Ian Reinecke, Deputy Vice- the way he was last night, puffing his chest out Chancellor of the University of Queensland; Mr and telling all his Labor groupies how he Alex Smith, Managing Director of Digital Video wrecked a few more jobs today, he might like Productions; Mr Paul Campbell, Managing to remember that real people have to wear the Director of Edge Technologies; Mr David Hunt, consequences of his actions. a senior bureaucrat from the Northern Territory I promise the member that at the next Government; Mr Jim Remedio, CEO of the election I will travel from one end of this State 8 Oct 1997 Ministerial Statement 3659 to the other to remind every young Queensland Mining Council and, indeed, from Queenslander of exactly how many jobs he those calculations done by the Courier-Mail. has destroyed and how many people he has There are three different kinds of calculations: put in jeopardy. I will let every Queenslander two of them are valid and one is not. know how the member betrayed them in this Nonetheless, I will go through them in detail. House and in the press and in the back rooms The Queensland Mining Council has published where he does his deals. a figure of $800m that it considers to be the The Leader of the Opposition should be value of the need for the rehabilitation of furious right now. It is only a couple of weeks coalmines in this State and about $400m for since the Labor Party released its employment metalliferous mines, a quantum of about $1.2 policy and the first bungled hatchet job that billion. I will speak briefly about how that was the member for Bundamba tries on in calculated. This is where the previous Minister Parliament is an attempt to shut down a facility ought to hang his head in shame. which actually means more highly skilled jobs In 1991, the previous Goss Government for Queensland. It is disgraceful and the introduced into this State the EMOS process, Leader of the Opposition ought to show some which is a fine process, as part of the changes guts. He ought to show some leadership. Most that were made to the Mineral Resources Act. importantly, he ought to sack the member for At that time, the Premier, Mr Goss, wrote to Bundamba before I have to go and tell more the Queensland Mining Council and sought Queenslanders that their jobs are gone from it an estimate of the cost of rehabilitation because the Labor Party wanted to score a as a result of mining in this State. At that time, political point. the Queensland Mining Council did a rough calculation and came up with the amount of The member says that we have wasted $800m. The calculation was based on the cost taxpayers' money by giving young of rehabilitation of all land available for Queenslanders the opportunity to learn state- coalmining in this State. That was a total cost of-the-art multimedia skills. Well, I would rather of $800m over the life of all of the coalmines in pay $10,000 to train a kid at Silicon Studios existence in 1991. That was because the than buy enough Bollinger to last "Bollinger EMOS process is a life-of-mine contract Bob" for the weekend. It is time the member between the miner and the Government, and for Bundamba learnt that political points mean at that time they have to determine what the nothing to someone who has just missed out rehabilitation process will be. on a job. The departmental calculation of $774m in rehabilitation costs for all mines in this State is MINISTERIAL STATEMENT calculated on the basis of information provided Mine Rehabilitation to my department by the industry following verified reports provided by the industry on a Hon. T. J. G. GILMORE (Tablelands— regular basis as part of the plan of operations. Minister for Mines and Energy) (9.50 a.m.), by That $774m is based on land that has been leave: Yesterday I was asked a question in the mined but remains unrehabilitated. It does not House and I had insufficient time to answer. I involve land that has already been have chosen to answer it this morning by way rehabilitated and it does not involve land that of a ministerial statement. has not yet been mined. It is entirely Yesterday I referred to an article in the conventional. The Queensland Mining Council Courier-Mail in which I was accused of calculations were both prospective and misleading the Parliament. I believe that to be retrospective. The calculations of the Mines a very serious charge indeed. In the same Department are entirely conventional, based article, the honourable member for Mount Isa, on land that is open and requiring the previous Minister in this place, indicated rehabilitation, and therein lies the difference. I that he wanted to know how the department table a letter from the Queensland Mining had got its figures in the first place and why Council to myself dated yesterday, which they differed from other figures that were clarifies that position exactly. provided. This morning, for his edification, I will I turn to the Courier-Mail's calculation of tell him how it happened. Indeed, the $600m for BHP itself, which therefore draws honourable member should know because he the conclusion that $774m was an insufficient was part of the process that put all this in amount of money. I table a letter from BHP to place, but I will explain it in detail. a member of my staff. That letter states— The accusation is that the departmental "Allegation 2: BHP has a backlog of calculations are different from those of the rehabilitation work totalling $600 million. 3660 Ministerial Statement 8 Oct 1997

The Facts: We have never quoted Mr PERRETT: This Government has the $600 million figure. That's worked exceptionally hard to provide an Sanderson's estimate, which he arrived at alternative to closure and, if that proved by multiplying the 30,000 hectares we will impossible, a new source of jobs to assist the need to rehabilitate in the Bowen Basin Bundaberg economy. We expect to be able to by $20,000 a hectare, which is our current make some announcements shortly about average rehab cost. This is not a backlog, additional uses for part of the abattoir site and nor a 'cleanup' bill, as Sanderson likes to new jobs in the Bundaberg district. We allege. It is the estimated area required to envisage a food-based industrial park in the be rehabilitated over the life of the mines, area and have already had significant interest and the investment we will make to see in this proposal. that it happens." My colleague the Minister for Economic I table that document as well. Development and Trade has devoted I can come to only one conclusion, that is, considerable time to working with the expert that the work that has been done by Government group on plans to rejuvenate the Sanderson and Hutton and, of course, the site. He deserves the thanks of the Bundaberg previous failed Minister was either deliberate people for the efforts that he has made. I seek misrepresentation or total incompetence. leave to table the detailed statement and I ask Either way, it is unconscionable behaviour from that it be incorporated in Hansard. a senior journalist of the Courier-Mail and it is Leave granted. most certainly unconscionable behaviour from I wish to advise the House of the forthcoming Drew Hutton, the leader of the Green Party in closure of the Queensland Abattoir this State. Corporation's abattoir at Bundaberg, frequently termed the Q-Meat Bundaberg abattoir, and to outline the circumstances surrounding the MINISTERIAL STATEMENT closure. I would also like to take the Bundaberg Abattoir opportunity to lay to rest some of the misunderstanding, rumour mongering and Hon. T. J. PERRETT (Barambah— mischief-making that seem to exist in some Minister for Primary Industries, Fisheries and places in regard to this matter. Forestry) (9.55 a.m.), by leave: It is time to By way of background, the Q-Meat Bundaberg clear up the situation surrounding the pending abattoir was originally constructed in the mid closure of the Bundaberg abattoir. In the past 1950's and was operated for many years by the several weeks, a number of people who Bundaberg Public Abattoir Board. In late 1992, should know better have peddled a litany of the then Minister for Primary Industries, Mr Ed half-truths and even outright lies in their Casey, took action to abolish the Board and the campaign to keep this failing abattoir open. assets and liabilities of the Board were vested The fact of the matter is that the abattoir is in what was then known as the Abattoir Division currently losing money at the rate of between of the Livestock and Meat Authority of Queensland (LMAQ). $50,000 and $60,000 a month and its operations have to be subsidised by other This was done to centralise the operations of abattoirs owned by the State Government. the five public abattoirs "under the one roof" in the interests of more efficient operation, This Government did not create the mess particularly in regard to savings in administration at Bundaberg. The credit for that can go to Ed and financing costs. Casey and the Labor Government that Subsequently, on 1 July 1994 under the Queenslanders voted against overwhelmingly provisions of the Meat Industry Act 1993, the in 1995. In a moment I will seek leave to table Queensland Livestock and Meat Authority took a detailed explanation of the situation over the activities of the LMAQ except for its regarding the Bundaberg abattoir and I will Abattoir Division as the facilities and funds of seek its inclusion in Hansard in order to put to the Abattoir Division were divested from LMAQ rest the lies being spread. and vested in the newly constituted Queensland Abattoir Corporation. An Opposition member interjected. The Bundaberg abattoir has been a consistent Mr PERRETT: Does the member want us, loss making enterprise over the past three at a cost to the taxpayer, to subsidise a loss of years. Following a loss of over $500,000 in $60,000 a month? No way! That is the way 1996-97, a loss of over $700,000 was budgeted that the Labor Government did business but it for in 1997-98. This situation could not be is not the way that we will do business. sustained and, following representations from QAC to Government, approval was given for Mr SPEAKER: Order! This is a ministerial the abattoir to close. This will occur as from statement, not a debate. close of business on Friday 10 October 1997, 8 Oct 1997 Ministerial Statement 3661

although the closure was publicly announced As the "Expressions of Interest" process had on Tuesday 16 September. not been completed by 30 June 1977, QAC The month's notice of closure allowed time for continued to operate the abattoir after that the remaining QAC clients at Bundaberg to date, but it was clear this could not continue make alternative arrangements, and also allowed indefinitely in view of the abattoir's financial the 20 remaining employees time to examine position. their options, including alternate employment Indeed, during the course of 1997, the financial opportunities at places such as Biloela, position at Bundaberg did not improve, in fact it Murgon, Rockhampton and Brisbane (Q-Meat worsened. Cannon Hill). There are a number of reasons why Bundaberg It is important to note that QAC is an has been losing money for some time, but independent statutory authority with its own primarily it is because throughput has fallen board of directors who, in a strict legal sense, away. This in turn is due to a number of factors did not need Government approval to close the notably: Bundaberg abattoir. The QAC board could (i) drought conditions in the Burnett region; have quite legally made that decision (ii) the increasing share of retail meat sales by themselves, based on commercial the supermarket chains, who source from considerations. Indeed, QAC is required by its abattoirs in Brisbane and Ipswich, at the constituent legislation to operate in a expense of local butchers that have commercial manner. traditionally sourced from local abattoirs However, in recognition of local sensitivities and slaughterhouses; connected with the operation of the abattoir, (iii) increased competition for the remaining QAC did not close the facility earlier this year Bundaberg butcher trade from other when commercial considerations dictated just suppliers in the Wide Bay-Burnett district, that course of action, but rather agreed to keep notably from abattoirs at Kingaroy and the abattoir open to the end of the 1996-97 Gympie and from the Biggenden financial year to allow the Government's slaughterhouse; "Expressions of Interest" (or "EOI") process to (iv) the loss of a major customer who shifted run its course. their business to Q-Meat Cannon Hill in This process, which was put in place late last order to have access to an export- year, allowed the private sector, including local certified works (Bundaberg only has Bundaberg interests, to place proposals before domestic market accreditation); and the Government in regard to the future of the (v) increasing availability of cheap carton various public abattoirs in view of the meat from as far away as Victoria. Government's decision to exit from the In view of the small size of the abattoir and the business of abattoir ownership. Indeed, an age and condition of much of the equipment, it open public invitation was made to the private is unlikely that the facility could ever be made sector right at the start of this year to submit viable, particularly in view of the on-going proposals to Government in response to the restructuring of the meat processing sector EOI document. which has already seen the closure of many As a consequence of keeping the Bundaberg larger and better equipped plants (such as abattoir open, QAC also had to spend $90 000 Borthwicks at Bowen, Huttons and KR Darling in March 1997, which had not been budgeted Downs at Oxley and Doboy respectively in for, on the purchase and installation of a new Brisbane, Smorgons at Townsville, Morex at gas fired boiler at Bundaberg in order to keep Maryborough, Grantham and Roma and AMH at the plant operational as the old wood fired Bromelton, Woree, Pentland and Mt Isa). boiler at the site had reached the end of its safe Indeed, the restructuring process could well working life. result in further major closures, depending on The Bundaberg Abattoir Support Group, factors such as the volume of live cattle exports comprising a number of local business and the outcome of enterprise bargaining identities, submitted a proposal in response to negotiations between abattoir owners and the the EOI process. This proposal was assessed, AMIEU. along with all other proposals received in Let me at this point reject any suggestion that response to the EOI invitation, by a maladministration by QAC caused the problems Government-appointed Steering Committee at Bundaberg. There is no evidence which was chaired by the Director-General of whatsoever of poor administration on QAC's my Department. part. I have every confidence in the QAC board Unfortunately, the Support Group's proposal and staff, particularly its senior executives, and did not qualify for detailed consideration in the I am convinced that they did everything "second round" of the EOI process as it was possible to make Bundaberg viable in the face assessed by the Steering Committee as not of the overwhelming problems outlined above. properly meeting the EOI criteria against which I would like to take the opportunity at this point all proposals were assessed on a consistent to respond to one of the particularly misleading basis. claims that has been made against QAC. 3662 Ministerial Statement 8 Oct 1997

This concerns the matter of the reserves of the five days a week basis and provide some former Bundaberg Public abattoir Board. When certainty as to on-going employment. Ed Casey abolished the Board and had its I take the opportunity to commend the AMIEU assets and liabilities transferred to the Abattoir and its Central District Organiser, Mr Paul Division of LMAQ, the reserves of the Board Jensen, on the responsible stance taken by the (including $892 739 in cash funds) went across Union on this matter. I am often critical of as well. Subsequently, it has been claimed that Unions, and have been a strong critic of the the reserves have been "swallowed up" by QAC AMIEU on occasions in the past. However, and used for other purposes within the when a Union behaves in a sensible and organisation. responsible manner in the interests of its This is simply not correct. members at a particular location, as has been At my request, the Queensland Audit Office the case with the AMIEU at Bundaberg, then I conducted a special audit earlier this year of the have no hesitation in giving credit where credit books of QAC in regard to the Bundaberg is due. reserves The workers at Bundaberg have been well The special audit, and a subsequent review by represented and their interests have been one of my department's most qualified and properly recognised by the way in which QAC respected financial experts, concluded that promptly agreed to the timing of the required these funds could all be accounted for in regard payout of entitlements and redundancy to Bundaberg-specific expenditure by the payments proposed by the Union. Abattoir Division of LMAQ and by QAC and In regard to the future of the abattoir, the that there was no evidence to support the Government is prepared to look at sale or lease assertion that any funds had been diverted to to the private sector. The abattoir will not be other parts of LMAQ's or QAC's operations. demolished, and no equipment will be removed All of the original reserves are now expended— for a limited period, until the Government has but on Bundaberg specific items. examined any late proposals that are forthcoming from the private sector. The three main areas where these funds were applied were in: repairs and maintenance at At a deputation prior to the Hervey Bay Cabinet Bundaberg, meeting a six figure retirement Meeting on 23 September 1997, the Mayor of payment for the previous Bundaberg manager, Bundaberg and representatives of the and offsetting the operational losses at Bundaberg Abattoir Support Group sought my Bundaberg over the past three years. approval to make a further proposal in regard to the future operation of the Bundaberg abattoir. As the original Bundaberg reserves were exhausted before the end of June 1997, the Approval was given, subject to a timeline of one current operational losses at Bundaberg are month for completion and lodgement of a being met from profits earned on other parts of proposal which must demonstrate private QAC's business. In other words, Bundaberg sector backing and which must be viable abattoir was being subsidised from out of the without any sort of financial subsidy from revenue of the other Q-Meat abattoirs, notably Government. Cannon Hill and Ipswich. Honourable Members will be aware that the Essentially, the situation was reached by the Queensland Government does not subsidise end of August 1997 when it was quite apparent the operations of any other abattoirs from the that to keep the abattoir operating with monthly public purse. Accordingly, there is no good losses of around $60 000 and no real possibility reason why a privately-owned Bundaberg of turning the situation around was just not abattoir should not be expected to stand on its sustainable, nor was it sensible. I was not own two feet just like every other competing prepared to ask QAC to continue to cross- facility. subsidise Bundaberg from other parts of the My department is also expecting a proposal QAC operation as they had been doing for from another group with involvement in the pig some time now. industry. At this stage, in the interests of Furthermore, the Australasian Meat Industry confidentiality, I do not wish to publicly name Employees' Union was expressing concern over that body, but what I will say is that their the situation facing its members employed at proposal will be given proper consideration Bundaberg, particularly as they were down to along with any proposal from the Bundaberg working only a four day week and were earning Abattoir Support Group, if it eventuates. significantly less than what was being earned Before leaving the abattoir and addressing what by AMIEU members at many other abattoirs. may well be the real issue at Bundaberg, namely Indeed, because of the uncertainty surrounding the future use of the extensive QAC the future of the abattoir, the AMIEU members landholding there, I want to debunk another of had a meeting after which QAC was the myths in circulation. approached in regard to a payout of It has been claimed that there was virtually no entitlements and redundancy so that the plant repairs and maintenance carried out at could be closed until a new operator could be Bundaberg after the abattoir passed from found who might be prepared to operate on a control of the Bundaberg Public Abattoir Board 8 Oct 1997 Ministerial Statement 3663

into what might be termed "central control" by Department of Natural Resources or to the the Abattoir Division of LMAQ and Department of Tourism, Small Business & subsequently QAC. Industry, rather than to the Co-ordinator Once again, this claim is without foundation. General. Indeed, any sort of basic and sensible research The Crown Solicitor has confirmed that such a of the facts would reveal this. However, I transfer of land title can be achieved by QAC accept that the expression "basic and sensible agreeing to transfer title to the State of research of the facts" almost by definition Queensland as an estate in fee simple for excludes any activity by the Member for appropriate consideration, which is to be Bundaberg. negotiated. The special audit of the QAC accounts relative It is my intention to seek Cabinet approval for to Bundaberg conducted by the Queensland this to happen and also for the establishment of Audit Office that I referred to earlier revealed a management committee to prepare a that, in the period of some four and a half years development plan for the Bundaberg site. that the abattoir had been under the control of It is my view, and I know I have the strong LMAQ Abattoir Division followed by QAC, support of the Honourable the Minister for there had in fact been more money spent on Economic Development and Trade on this repairs and maintenance at Bundaberg than in matter, that the management committee must the previous five years when it was under "local have local representation as well as control". The relevant figures are $416,319 Government representation. compared to $304,941. Accordingly, I intend to propose to Cabinet However, the special audit did not include the that the management committee should initially capital expenditure of the $90,000 on the comprise representatives of the Department of purchase and installation of the new gas fired Economic Development and Trade, the Office boiler I mentioned earlier in this Statement. So of the Co-ordinator General, the Bundaberg if this expenditure is added in, the amounts City Council and a person/s from the become, in round figures become $506,300 Bundaberg district with recognised business compared to $305,000 experience, but not involved in property I turn now to the land situation at Bundaberg. development, who would be nominated by the Council and approved by the Queensland I must stress to this House that the Government Government. recognises that the future of the QAC landholding at Bundaberg (approximately 210 It is the intention that all decisions on future use hectares) is as much of an issue, if not more so, of land within the Bundaberg site will be made than the future of the abattoir itself. by the management committee. While there is still strong vocal support from I envisage that a Heads of Agreement will be local interests for the abattoir to continue developed between the State of Queensland operations, it is recognised that there is also a and the Bundaberg City Council which will very strong local view that the land "belongs" in specify: some moral sense to the Bundaberg community (i) the agreed purposes to which the land can and should not fall into the hands of property be put, and which is to exclude any sale developers. for residential subdivision except with the This matter has been considered during the specific approval in writing of both the course of the QAC divestment exercise which Queensland Government (as represented commenced in late 1996 when the Government by the Premier) and the Council; decided to develop an orderly strategy to exit (ii) the approval process to apply if the from the business of owning five public management committee considers that abattoirs. some of the land should be sold for In recognition of the concerns held in agreed industrial development purposes— Bundaberg regarding the future use of the land, it is envisaged that the approval of the Cabinet agreed on 2 June 1997 that the Queensland Government, as represented preferred position in respect of the Bundaberg by the Co-ordinator General, and the land would be to declare the site to be a "State Council, would be required for such a Development Area" under the State sale; and Development and Public Works Organisation (iii) a mutually acceptable "split" of the Act 1971 for the purposes of developing a proceeds of any land sale between "Food Park" on the site. This would have Government and the Council. involved taking title to the land from QAC and I am pleased to set the record straight on the vesting it in the Co-ordinator General. matter of the Bundaberg abattoir. I am Subsequent consideration of the legal and disappointed that there has been much practical issues in regard to the future mischief-making by certain people, including administration of the land at Bundaberg has led the Mayor of Bundaberg, who should know my department to the conclusion that it may be better, and the Member for Bundaberg, who more appropriate for the land to revert to the probably doesn't. 3664 Ministerial Statement 8 Oct 1997

In conclusion, can I say that the Queensland business is small business, accounting for just Government is not, I repeat not, in the business over half of all employment in the private of propping up unprofitable abattoirs, public or sector. However, Australian Bureau of private—indeed, very soon we hope not to be Statistics data shows that only 12% of workers in the business of operating abattoirs at all. from small business received formal training Abattoir operation should be the business of during the past 12 months. One of the the private sector, not the business of strongest advantages that Queensland has in Government. If the private sector thinks they competing in the global marketplace, can make a go of the Bundaberg abattoir, and particularly in the Asia/Pacific region, is that it do it without wanting to dip their hands in the public purse, then I am happy to look seriously has a relatively skilled work force. This at their proposals. Government is determined to maintain and sharpen this competitive edge to enable Let me repeat that no steps will be taken to industry to expand and create real jobs for demolish the Bundaberg abattoir or to remove equipment until the private sector, including Queenslanders. local interests, has had the opportunity to put In response to the challenges posed by forward proposals for purchase or lease of the the Commission of Audit and the Wiltshire facility. Now obviously this opportunity reports, in February 1997 I launched extended to the private sector cannot run on indefinitely, given that the Government did call Queensland's Year of Training. The major publicly for "Expressions of Interest" for the aims of the Year of Training are to re-write the various QAC facilities in early 1997. I would like State's training legislation, including provision to see this process wrapped up by the end of for the implementation of new apprenticeships, this month and that is what I'm working towards. in a manner that supports and encourages a As for the land at the abattoir site, I will be flexible and responsive training system, review going to Cabinet as soon as possible with the major policy issues and develop a training proposal I have outlined in this Statement for culture to increase participation, particularly by the future management of the land. small business, in training. The land will not, I repeat will not, be sold for I am pleased to now inform the House of real estate property redevelopment. Even if the the achievements to date in reshaping and Bundaberg City Council cannot guarantee that, modernising vocational education and training and it can't, the Queensland Government will. in this State. On 26 August, I launched a position paper on the new training legislation MINISTERIAL STATEMENT which I will introduce into the House later this year. The position paper, titled Training for Year of Training Prosperity, is the result of extensive Hon. S. SANTORO (Clayfield—Minister for consultations across the State. It proposes a Training and Industrial Relations) (9.57 a.m.), more industry-driven, streamlined and less by leave: On coming to office, this bureaucratic training system that is more Government had an independent audit accessible to small businesses. The legislation undertaken to establish a true picture of the will put Queensland at the forefront of State's affairs and the direction in which we implementing the New Apprenticeships should be heading in terms of vocational program, which will expand employment-based education and training. The Queensland training into new industries through new and Commission of Audit report identified the need flexible training options. to upgrade the skills level of the Queensland This Government believes that work force. unemployment can be addressed only through I subsequently appointed Professor measures that provide real long-term solutions. Kenneth Wiltshire of the University of One-off, up-front cash incentives such as Queensland to examine more closely the those advocated in the ALP's recent jobs plan problems and challenges facing the do not provide employers with effective Queensland training market. Professor solutions to their skills needs. New Wiltshire's report, Factors Affecting the Training Apprenticeships will make it easier, more Market in Queensland, identified the need to affordable and more attractive for employers to reform the State's vocational education and become involved in employment-based training system. The report emphasised the training. New Apprenticeships will remove the need to develop a training culture in distinction between apprenticeships and Queensland through greater participation by traineeships in recognition that employment- employers and the community. Of particular based training is about giving employers concern was the uptake of training by small broader choices in determining how their skills businesses. More than 90% of Queensland needs can be met. 8 Oct 1997 Ministerial Statement 3665

From 1 January 1998, User Choice State Government will spend, over the course arrangements will be introduced for all of the financial year, $10.5m on replacing apprenticeship training in Queensland, hospital equipment, with this funding allocation providing a greater choice of training providers largely being provided to regional and rural and modes of delivery to suit employers and hospitals across the State. This Government apprentices. In April this year, I established the has also increased the 1997-98 Queensland Small Business Training Advisory Committee Health equipment replacement budget to to advise on how to increase small business $10.5m, which is up by $4m on the previous participation in training. This committee will financial year. have an ongoing role, ensuring the This funding package is part of the State Government is in touch with the grassroots of Government's massive 10-year, $2.4 billion the small-business sector. We are also health capital works program. However, the developing a disability training strategy to 1997-98 equipment replacement program has increase the participation of people with been targeted specifically at those health disabilities in training. facilities that are not currently undergoing a To ensure that the voice of the rural major redevelopment. Therefore, a lot of sector is heard, I have established a Rural smaller public hospitals across Queensland Industry Training Task Force. In addition, I have benefited. Some specific examples have established eight Regional Roundtables, include— or advisory councils, throughout Queensland. These industry-led forums will ensure that the $244,978 for new operating theatre needs of regional Queensland are taken into equipment at the Biloela Hospital; account in the distribution of vocational two new mobile X-ray machines at the education and training resources. This Babinda Hospital and the Innisfail Government has also done much to overcome Hospital, worth $80,000, and an the previous Government's neglect of ultrasound machine at the Tully Hospital, Agricultural Colleges in this State. worth $60,000; New legislation governing TAFE will build anaesthetic monitoring equipment, an on the Working Better Together strategy, ultrasound machine and a gastroscope which I introduced last year, to ensure that for stomach operations at the Gympie TAFE Queensland remains innovative, leading Hospital, worth $221,000; training in Queensland's competitive market. In 70 hydraulic beds at various hospitals June 1997, the Cabinet decided to proceed throughout the northern Darling Downs, with the inaugural Queensland Training Week, worth a total of $140,000; from 5 to 12 October. Training Week, now in progress, is focusing on promoting training to X-ray equipment and an ultrasound industry and the wider community. Following diagnostic system at the Mareeba Training Week, Queensland will host a major Hospital, worth $218,000, and $40,000 international conference on 16 and 17 for a new anaesthetic unit at the Atherton October. The theme of the conference, Better Hospital. Business—Productivity through Training, Equipment will also be replaced at hospitals in encapsulates the objectives of the Year of Kingaroy, Bowen, Ayr, Stanthorpe, Training. Goondiwindi, Weipa, Collinsville, Tara, The Government has a vision for Chinchilla, Emerald, the Gold Coast, Mackay, Queensland's vocational education and Rockhampton, Nambour, Bamaga, Ipswich training system to be efficient, responsive, and Thursday Island. Brisbane metropolitan diverse and setting international best practice facilities—the Princess Alexandra, the QE II standards. In the Year of Training, the and the Royal Children's Hospitals—will also Government is laying the foundation for receive $1.9m worth of new equipment realising this vision for the benefit of all between them. Queenslanders. This expanded new equipment program now means further improved health facilities, MINISTERIAL STATEMENT particularly in regional and rural areas, and also provides a greater opportunity to recruit Queensland Health Equipment Replacement staff to these areas. This announcement Program clearly reflects the coalition State Hon. M. J. HORAN (Toowoomba South— Government's commitment to helping all Minister for Health) (10.02 a.m.), by leave: I Queenslanders to better health and wellbeing. rise to inform the House that this coalition For the information of all honourable 3666 Ministerial Statement 8 Oct 1997 members, I table the full list of recipient councils, local members of Parliament—Mr hospitals from this funding package. Hegarty, Mr Luke Woolmer, the member for Springwood, and Mr Frank Carroll, the member for Mansfield—as well as Department of Environment officers. The issues raised by a MINISTERIAL STATEMENT diverse group of people have been addressed Koala Coast State Planning Policy as far as is possible, taking into account the need to protect koala habitat areas from Hon. B. G. LITTLEPROUD (Western inappropriate land use and development while Downs—Minister for Environment) protecting existing land use and development (10.04 a.m.), by leave: Yesterday, my rights. colleague the Honourable Minister for Local Government and Planning tabled the new I note the recent comments by the State Planning Policy 1/97 Conservation of member for Capalaba, who called for greater Koalas in the Koala Coast, which replaces the flexibility in land-clearing restrictions under this Labor Government's 1/95 policy, after policy. I also noted the sense of irony in his extensive consultation and review. I statement that the Goss Government had announced the release of the new policy every intention of reviewing this policy. If it had during a visit to the Daisy Hill Koala Centre on gone through a proper consultation process in Sunday, when I also announced details of a the first place, this would have not have been $1.657m budget for the Koala Protection Plan necessary. It has been a matter of balancing for 1996-97. the needs of the koala with the need for the recognition of existing developing rights and The budget includes a Koala Research possible future development proposals, in Unit and an associated works depot to be built conjunction with local government. at a cost of nearly $400,000. The research The policy recognises that landowners will centre, a coalition election commitment, is continue to have the right to use their land, planned for completion by 31 March 1998 next provided it is consistent with conserving koala to the existing Daisy Hill Koala Centre in the habitat values. At the same time, the policy Daisy Hill State Forest. The $1.6m Koala Coast says that local governments, the Planning and Protection Plan budget also includes $274,000 Environment Court and the Queensland for research, $75,000 for relocation, $207,000 Government are required to have regard to the for the Koala Hospital at Moggill, $105,000 for policy in planning, and that it will be the Koala Ambulance, $325,000 for operating implemented through the planning schemes of the Daisy Hill centre, plus $114,000 for other capital improvements; $30,000 for a speed the local governments affected, namely, zone trial; $50,000 for State planning policy Redland, Brisbane and Logan. The policy implementation; and $75,000 for a must also be taken into account when Geographic Information System. development applications are being considered. It reads— An estimated 3,000 to 5,000 koalas are in "The policy must be considered when the area which takes in the Redland Shire and decisions are made on the content of new adjacent parts of Brisbane and Logan cities. Changes to the policy have been made with planning schemes or their amendments, the intent of conserving koala habitats in ways including rezonings, and development applications, including consent uses and that do not affect existing uses and subdivisions." development rights, or that do not affect development commitments. During six months The position statement introducing the policy of public consultation, 2,433 submissions were should also be noted. It reads— received from affected landowners, interest "The Queensland Government groups and the community generally—proof considers that the extensive koala habitat that the former Labor Government rushed in areas in the Koala Coast should be the policy with indecent haste and a lack of conserved to allow for the long-term consultation, a situation that I have found with survival of the koala population. Important respect to many issues in my portfolio. koala habitat should be protected from The Koala Coast State Planning Policy inappropriate future developments and was also referred to a Community Reference changes in land use, without affecting Group chaired by the member for Redlands, existing uses and development rights or Mr John Hegarty, and included representatives removing development commitments." of the local governments affected—Brisbane, The Koala Conservation Council has put out a Redland and Logan. Considerable effort was media release headed "Koala Council put into the review of the policy by the three welcomes State Government commitment to 8 Oct 1997 Private Members' Statements 3667 koala conservation". Dr Frank Carrick is the created in each of the Labor president of that council and is much more Government's last four years; qualified to talk about koalas than others the fact that this Government's gaining attention through the media over policies have led to the number of full recent days. He said in his release— time jobs in Queensland being "Environment Minister Brian slashed by 1,800 in the last 12 Littleproud has responded positively to months; broad community support for the the Government's admission in May protection of the last substantial koala this year that it is powerless to reduce population within the environs of a major unemployment; Australian city." the lack of apprenticeships available Dr Carrick also welcomed the budgetary in Queensland which has led to a commitment to koalas, which I referred to warning from the Under Treasurer earlier, particularly the establishment of the that demand for labour will outstrip Koala Research Centre. the supply of available skills by mid- 1998; CRIMINAL JUSTICE COMMITTEE And condemns the Premier and Treasurer Publications for failing to get Queensland moving again." Hon. V. P. LESTER (Keppel) (10.09 a.m.): I lay upon the table of the House Criminal Justice Commission publications titled PRIVATE MEMBERS' STATEMENTS Community Consultative Committees and the Queensland Police Service—an Evaluation; Tax Reform Document; Statement by Submission to the Attorney-General on the Treasurer Draft Criminal Justice Legislation Amendment Mr BEATTIE (Brisbane Central—Leader Bill 1997 and the Draft Misconduct Tribunals of the Opposition) (10.12 a.m.): Today I want Bill 1997; and Submission in Response to the to talk about lies—Liberal lies. Yesterday, Discussion Paper on the Proposal to Establish Treasurer Sheldon alleged that the tax reform the Queensland Crime Commission. document that I tabled in the Parliament was The committee is tabling these prepared in South Australia. South Australian documents as it believes that it is in the spirit Liberal Leader and Premier John Olsen said of the Criminal Justice Act that all non- that this was "simply not the case". Who is confidential publications by the CJC be tabled telling the truth? Is neither telling the truth? in the Parliament. However, the committee The Treasurer behaves like a frightened rabbit stresses that it has not necessarily conducted caught in the spotlight and she does not care an inquiry into the contents of these whom she brings down as long as she publications and that it is the CJC which has survives. determined that these publications are not a I want to publicly thank Treasurer Joan "report of the commission" for the purposes of Sheldon on behalf of the South Australian section 26 of the Criminal Justice Act. Labor Leader Mike Rann for her assistance in the South Australian election campaign by blaming South Australia for the document NOTICE OF MOTION yesterday. Mr Rann wanted me to personally Unemployment thank her for her assistance to the Labor Mr BEATTIE (Brisbane Central—Leader campaign. I do so today. of the Opposition) (10.10 a.m.): I give notice The Treasurer should come clean that I shall move— concerning Queensland's involvement in this "That this Parliament notes— document because the Treasurer knows that this tax document was signed off by all the the appalling rise in Queensland's State Treasuries, including Queensland, on 18 unemployment rate from 8.8 per cent September 1997. Even the South Australian when the Coalition was handed Liberal Leader John Olsen said that all the power to 9.8 per cent, the worst on States were involved. Let us have a look at mainland Australia; this letter the Treasurer tabled yesterday from the lack of employment growth as senior Treasury official Mr Tesch. It says that evidenced by the fact that this the so-called South Australian document is a Government is creating 20,000 fewer useful background paper. It does not say it jobs a year than the average number disagrees with the contents. It also says that 3668 Private Members' Statements 8 Oct 1997 there needs to be a set of agreed principles or I turn briefly to address the negative criteria with no options or design features attitude of the Opposition. We only have to go being ruled "in or out" as yet. This includes a back to 20 August when I said in this House VAT, which is another way of saying GST. that the Government well and truly had the In other words, the Government has a Centenary high school on the agenda. At that secret tax agenda which we will only see in the time the member for Ipswich, a former unlikely event that those opposite are re- Education Minister, retorted with a "ha, ha". I elected. The Government has been cooking recall that at the same time the member for this up in the back room. The document says Inala also joined in with a negative stance. that Queensland is working on an internal How sad! This backs up the recollection of document which should be available for Centenary residents of the negative attitude of distribution in a week or so. the former Labor Government on this matter. They recall the former Labor Education Time expired. Minister saying—— Time expired. Jindalee State High School Mr HARPER (Mount Ommaney) (10.14 a.m.): The importance of education and Election Poll an individual's ability to access it should never Hon. J. P. ELDER (Capalaba—Deputy be overlooked. To a young person of teenage Leader of the Opposition) (10.16 a.m.): This years, the experience and knowledge gained morning I want to continue talking about in attending a high school will be something remarks the Premier made yesterday about 52 that impacts on his entire life. I was absolutely warnings of early elections. Let me give the delighted when Education Minister Bob Quinn House my warning. This is Elder election alert announced in early September that a new bulletin No. 1: the coalition is dead in the high school was to be built at Jindalee, serving water. The Premier is fond of quoting polls. All the Centenary and Cinnamon Park suburbs. I members can read the result of the poll also know that many of the more than 1,000 published in this morning's Australian students who have to travel out of the area by newspaper. We see a 12% drop in support for bus every day to attend a variety of high the coalition in Queensland. No wonder the schools, along with their parents, were excited Premier does not have the intestinal fortitude and happy at the news. to call an election. This is something that we in the area We will give up. The Government can call have been seeking and needing for well over the election when it wishes. Newspoll reflects 20 years. This Minister was the first to take the the polling that the Liberal Party has been issue seriously when I approached him. He doing, and that is why members opposite are initiated a proper study into the matter, was out in Springwood and Redlands. The coalition happy to have input from local people, and is behind in the polls. Has the Premier actually never tired of my frequent requests and calls spoken to National Party members in rural and to him on the matter. He deserves praise for regional Queensland where National polling this. It is also important to recognise the great shows that the coalition will lose six seats? input of local people. This input was drawn These seats will not be lost to the Labor Party. from the primary school P & Cs and other Those opposite can chuckle; perhaps the parents. A hardworking committee was Premier has not shared this information with formed, led by people such as Simon Cox, them. A couple of his colleagues have shared Julieta Woosley, Belinda Karnaghan and Terry it with me. Those opposite might consider Prowd. They worked constructively and were Pauline Hanson Independents. The Premier very helpful. I am pleased to have been able can stick it into the Prime Minister all he likes, to deal with them and for us to have had but every time he does, he does the dance of success. death. I say to the Premier, "Keep it up The high school will be built on land held because the more you do, the more you turn for decades for the purpose on the corner of Queenslanders off." This poll shows that the Yallambee Road and Moolanda Street at Premier is being deserted by the elderly, and Jindalee. It will have 28 general and specialist he has turned his back on families and on classrooms, including science, manual arts, youth. home economics and art blocks and a library. We heard about the coalition's contract It will be fully wired with optic cabling for with Queensland: "If we break a promise, modern information technology and throw us out." The Premier should call an connection to the Internet. election and give the people the opportunity to 8 Oct 1997 Private Members' Statements 3669 throw the coalition out. Give Queenslanders an We have got a reef tax crucifying the tourism opportunity to finally—— industry. Do honourable members remember Time expired. one line extinguishment under Wik? Yet what did we get? We are getting Howard's 10-point plan, much of which is unconstitutional, but the Pathways to Your Future Federal Government takes no notice of Mr RADKE (Greenslopes) (10.18 a.m.): Queensland. Do honourable members Creating opportunities for young people is remember the deficit reduction program? That something to which this Government and I are was the one where the Queensland Treasurer committed. With this in mind, my colleague the and Premier gave away the public housing Honourable Santo Santoro, the Minister for program to fulfil Mr Costello's need for funds. Training and Industrial Relations, and his staff What about the sales tax issue at the Premiers have shown great initiative with the creation of Conference last year? Again, what happened? a booklet to help school students make The Queensland team sold out the State! decisions about their future. This booklet, What about the latest chapter in a long called Pathways to Your Future, is a first for series of debacles? I refer here to the Queensland. It will be distributed to about Treasurer's answer to question on notice No. 140,000 Queensland students in Years 9, 10, 1029 in which she informed me that she 11 and 12 who are considering their career anticipated a payment from the options. The booklet will help students Commonwealth in respect of the new State consider occupations they may not have fuel tax of $486m. It is a great Treasurer that thought about and provides information about we have! That is calculated on the basis of a hundreds of jobs. tax of 8.1c per litre, which suggests sales of 6 In today's competitive world students billion litres in Queensland. If the Treasurer need to be aware of all avenues available to had done her homework, she would have them when they finish school. One of those found out that we actually sold 6.8 billion litres avenues is in vocational education and of fuel in Queensland last year. But what is 0.8 training. This booklet explains to students what billion litres among friends? I will tell VET is about, how apprenticeships and honourable members what it is; it means traineeships work, how training is funded and $64.8m is subsidising Jeff Kennett and also how to get a VET qualification. the New South Wales Government. In other words, $64.8m out of our Budget will look after In this Year of Training, the Government Victoria. I can imagine what the is committed to increasing the range of job- correspondence from Jeff Kennett was like related practical skills available to students after negotiations with this Treasurer, "Dear through schools. For instance, schools now Joan, thanks a heap! Jeff." That is $64.8m out include VET courses with general education of the Queensland Budget thanks to the subjects for senior school students. They also Treasurer's safety net for Queensland. have the option of undertaking a part-time apprenticeship or traineeship while they study. Time expired. This approach will ensure that Queensland's youth become part of a highly skilled workforce Young Endeavour that can respond to changes or new technology with ease. This in turn will Mr HEGARTY (Redlands) (10.21 a.m.): A contribute to Queensland's dynamic economy few weeks ago I had the privilege to represent and the State's ability to be internationally the Honourable the Premier at a function on competitive. board the Young Endeavour when she was berthed in Brisbane for a one-week stay. This ship was a gift from the United Kingdom to Fuel Taxes Australia in 1988 as part of our bicentennial Hon. D. J. HAMILL (Ipswich) (10.19 a.m.): celebrations. During that stay, the ship's crew What a negotiating team we have here in conducted an open day and some day sailing Queensland! When the other State Premiers for community groups and those possibly and Treasurers and the Prime Minister get interested in applying for a berth on a voyage. around the table, they can see the The Young Endeavour is a sailing ship Queensland team arriving; they know that with the same rigging as a brigantine. The Queensland is in for a hiding. Honourable naming of the Young Endeavour denotes the members should look at the record. Look at spirit of adventure that the original ship of that the reef tax. This Government told us that it name experienced, which is the aim of the was going to oppose the Federal Young Endeavour Youth Scheme. The Government's reef tax and what have we got? scheme was established to provide worthwhile 3670 Private Members' Statements 8 Oct 1997 training to youth to develop character building commission of inquiry to miscarry through and self-confidence. It is sponsored by the political bias. He is the first Minister in the Federal Government and other community history of the Westminster system to cause a organisations which fund berths for selected commission of inquiry to miscarry through members. The Brisbane City Council political bias. This is also the Minister—— sponsored a berth for its apprentice of the Mr BEANLAND: I rise to a point of order. year. That is totally untrue. I find it offensive and I The ship is crewed by personnel from the ask for it to be withdrawn. Royal Australian Navy who are specially Mr SPEAKER: Order! The Honourable selected for their seamanship and suitability for Minister has asked for it to be withdrawn. training raw sailors. The current commanding officer is Lieutenant Commander Neil Galletly, Mr FOLEY: If the Minister is not a Queenslander who had previously served on responsible for his portfolio, who is? the Young Endeavour. Besides its Mr BEANLAND: I rise to a point of order. I experienced naval personnel, each voyage of ask for it to be withdrawn. I did not cause—— 10 days' duration accommodates 24 trainee Mr SPEAKER: Order! The Minister has crew members. Crew berths are open to fit found the remarks offensive. young Australian men and women in their late teens and early 20s who want to experience Mr FOLEY: In deference to your ruling, Mr an adventure on a sailing ship. No previous Speaker, I withdraw. I draw the attention of the sailing experience is necessary. The voyage House to the Minister's turning a blind eye fee is just under $1,000, which covers towards his duty in controlling and exercising accommodation and meals plus the loan of the responsibility for the Commissions of sea kit. Financial assistance is available in Inquiry Act in respect of the unlawful and some cases so that worthy candidates are not improper investigation of Carruthers. This is the precluded. Minister to whom Queenslanders will look for The advantages to young people protection of their civil liberties and the rule of undertaking such an experience as is offered law. Honourable members should consider, for by this scheme are fairly obvious. example, the poor old Legal Aid Commission. Communication skills, team work, self- It has Denver Beanland at the State level and confidence and the development of leadership it has just got Amanda Vanstone at the skills will enable the young participants of this Federal level. scheme to be well placed for achieving in their Time expired. future chosen careers. Not surprisingly, over the past decade there has already been evidence of the success of the scheme with Vocational Education and Training Round nearly 4,000 young people undertaking Table voyages. Ms WARWICK (Barron River) Time expired. (10.26 a.m.): It was a pleasure for me to attend the launch last week in Cairns of the Vocational Education and Training Round Queensland's Legal System Table established in the far-north region of Hon. M. J. FOLEY (Yeronga) Queensland. Living so far from Brisbane, I (10.23 a.m.): The legal system in Queensland think it is vitally important that local input into is facing major change at the very time that training is sought. The far-north Queensland the Queensland Attorney-General is fatally regional round table, or the Training Advisory compromised in his capacity to defend its Council, is one of eight being established integrity. The Government has announced its throughout the State by the Minister for intention to set up another standing royal Training and Industrial Relations, the commission in the form of a Crime Honourable Santo Santoro. Other regional Commission. It has also announced its round tables have been established in the intention to significantly increase police regions covering northern and north-west powers. Where amongst this is to be the first Queensland, central Queensland, south-west law officer of the Crown? Where is the Queensland, Wide Bay, the Sunshine Coast, Attorney-General in a position to articulate the Brisbane north, Brisbane south and the Gold liberty of the citizens? Honourable members Coast. should keep in mind that, in the course of I think it is appropriate to inform the setting up another standing royal commission, House of the membership of this round table. this is the Attorney-General who is also the The members are: Mr Tony Lennie of Cairns, Minister responsible for causing the last who will chair the round table; Ms Angela 8 Oct 1997 Questions Without Notice 3671

Toppin, who is a nominee of the Minister for before I was due to go there. He has tried Education; Councillor Ivan Searston, a blackmailing and he has tried banning. I will nominee of the Queensland Industry Training table the petition that has 260 petitioners—— Council; Mr Brian Forde, who is in the Time expired. hospitality industry; Mr Peter Rigney, who is the chairman of Queensland Newsagents, Cairns branch; Mr Tony Watts, who is the QUESTIONS WITHOUT NOTICE managing director of Software Plus in Tax Reform Cairns—I might add that Mr Watts is a former winner of the Queensland Government Small Mr BEATTIE (10.30 a.m.): I direct my first Business Award—Mr Jon Nott, manager of the question to the Treasurer. Now that she has Jon Nott Building Pty Ltd; Ms Noeline Hartwig, dumped South Australian Liberal Premier John training superintendent with Comalco Minerals Olsen right in it during his election campaign, I and Alumina at Weipa; Mr Ian Stewart, a farm almost hesitate to refer to the memorandum liaison officer Malanda Dairy Foods; Mr John on taxation reform, which she tabled Winsor, general manager of Cairns Regional yesterday, from senior Queensland Treasury Group Apprentices Limited; Ms Lyndall official Alan Tesch to his interstate Williams, manager of the Retail Skills Centre; counterparts, which reveals that Queensland Mr Rod Delaforce, director of Delcor Training in was preparing an internal document scheduled Kuranda; Ms Romina Fujii, a coordinator with for national distribution in early September. As the Queensland Aboriginal and Torres Strait the memo clearly says that no taxation options Education Consultative Committee; Mr Darren should be ruled in or out, can the Treasurer Miller from Yarrabah Training Centre; Mr Rod confirm that the Queensland document Burke who is chair of Nagi Binanga, a standing contains options for a value-added tax, powers committee of the Vocational Education for the State to tax personal income and to Training and Employment Commission; and remove the threshold exemption for payroll Mr Ted Brischke from the Australian Workers tax? Will she make this Queensland internal Union. document publicly available by tabling it in Parliament today? Round table members have been selected for their backgrounds in business and Mrs SHELDON: I thank the Leader of the industry, community groups, employee Opposition for his usual level of organisations—— scaremongering against the State of Time expired. Queensland this morning! Firstly, I refer the Leader of the Opposition to the document from which he has selectively quoted, which Aitkenvale State School also says very clearly that the document that Mr BREDHAUER (Cook) (10.28 a.m.): I was leaked is a useful background paper but rise to draw the attention of the House to the that Queensland believes that it goes too far sorry saga of Aitkenvale State School's pleas for a document that heads of Treasury will put for an upgrade to its security systems and the forward as their agreed position, for failure of the Government, and the member for example—— Mundingburra in particular, to attend to those Mr Beattie: Where does it say that? issues. Aitkenvale State School has been told Mrs SHELDON: Paragraph 1, 2 and 3— that it cannot get its security upgraded because other schools have had bigger "... for example, in nominating the problems. It has been broken into 20 times superannuation surcharge and a VAT as this year and 60 times in the last two years, yet targets for reform." it is not a high enough priority. It was also told Mr Hamill interjected. that it would be financially better off if it joined Mrs SHELDON: It is quite clearly in the the Leading Schools Program and would have letter that was tabled. The member obviously a better chance of obtaining a full security has the wrong letter. system. The Government tried to blackmail it into joining the Leading Schools Program. Mr Borbidge: Oops! When I went to the school on 26 Mrs SHELDON: Oops! The member has September to hold a press conference, the the wrong letter. Once again, this is selective Minister advised the school that I was banned quoting from the Leader of the Opposition. So from entering the school premises unless I got the question is based on fallacy, anyhow. The permission from the Minister, even though it Queensland Treasury is going through a was school holidays and no kids were around. document which I will take to the Cabinet for He did not even tell me that until the night Cabinet consideration. 3672 Questions Without Notice 8 Oct 1997

Mr Mackenroth interjected. number of jobs that we have in this State— Mr SPEAKER: Order! The member for 96% over the past 12 months—— Chatsworth! Mr Elder interjected. Mrs SHELDON: We are quite happy to Mr SPEAKER: Order! The member for release that document to the public, because Capalaba! we want full input into—— Mrs SHELDON: All the independent Mr Beattie: When? statistics say that. Of course, the Leader of the Opposition does not want to hear this. He Mrs SHELDON: After the Cabinet has does not want to hear about job creation. All reviewed the document. We want full input into he wants to hear about is bashing Queensland Federal/State tax reform. Indeed, we are also and, hopefully, bashing any company that asking the business community to give us ever looks like coming here, so that support. I believe that, in future, the Leader of Queensland will get no extra jobs. He should the Opposition should get his researcher to speak to the general people in the community give him a pretty decent question instead of a whose major focus is on job creation—whether crook one. they as families will have jobs, whether their children will have jobs, or whether their husbands or wives will have a job. They are Construction Industry Employment very keen to see all this. Mr BEATTIE: I direct my second question The resounding tick was from the also to the Treasurer. I refer to her recent construction industry itself in relation to what speech to the Queensland Infrastructure the Government is doing with the involvement Conference when she said— of private industry in providing infrastructure to "The Queensland construction this State and the obvious jobs that flow on in industry is expected to grow by 7% in the the public and private sectors. So no amount next 12 months ... that's 72,000 jobs ..." of misrepresentation by the Leader of the Opposition is going to change that situation. Given the fact that total construction industry employment in Queensland is currently 122,600 jobs and 7% growth would represent Fuel Tax 8,582 jobs, not the 72,000 jobs which the Mr SPRINGBORG: I refer the Honourable Treasurer claims, I ask: as the Treasurer the Premier to mounting evidence of the obviously suffers a problem with arithmetic, astonishing acrobatic ability of the Leader of how can Queenslanders have any faith in her the Opposition in performing policy backflips to create jobs when she cannot even count and ask if the Premier could detail to the them? House any change in the Opposition Leader's Mrs SHELDON: This is yet another position on the issue of a fuel tax? example of the Leader of the Opposition's Mr BORBIDGE: I do not know where to negative whining and bashing of Queensland. start. There have been so many backflips by This time it relates to the construction industry. the Leader of the Opposition that we could The Infrastructure Conference was a write a book. Perhaps this can be chapter one. resounding success. It went on for about four Mr Elder interjected. days. The private sector representatives who were involved with that conference said that Mr BORBIDGE: I know where to start, and this was the first time they had positive, clear I know where to finish, too. I know where the guidelines from any Government that they honourable member will finish up, too. Last could follow, and also a vision that they could night, this Parliament—— put in place for the next 10 years. They said, Mr Elder interjected. "What has happened is that we have been Mr SPEAKER: Order! The member for able to plan only 12 months in advance, and Capalaba! that has not been the way that we should go." That was said by people in the Queensland Mrs Sheldon: Dream on! construction industry. It was a most positive Mr BORBIDGE: Dream on, brother! Last input from the private sector and from the night, this Parliament was again subjected to construction industry. Any job figures were another 10 minutes of whingeing and whining reached in consultation between us and the on the part of the Leader of the Opposition. construction industry. The jobs will be This time the issue was fuel tax. We heard delivered. Although it galls the current Leader about how the Government should be doing of the Opposition that we have created the more to protect Queenslanders from the evils 8 Oct 1997 Questions Without Notice 3673 of a fuel tax. Of course, that came from the Mr BORBIDGE: The Leader of the Opposition. Last Thursday, the Leader of the Opposition says that it is old news. Opposition said, "We will support legislation in Mr FitzGerald: They need reminding. the Parliament to prevent oil prices going up in Queensland", and then, within 12 hours, the Mr BORBIDGE: Let me remind members shadow Treasurer, the member for Ipswich, opposite of the words of the Leader of the said, "We will not support that legislation." In Opposition. He said— 12 hours we saw that backflip. During the "... I do think that there will be a time, debate, I took some time to explain that the somewhere along the road, when we will Government was—— need to look at widening the tax base and Mr BEATTIE: I rise to a point of order. maybe issues such as the petrol tax need The Premier is misleading the House. to be put on the agenda and discussed, looking at it from the position of equity." Mr Hamill: Again. The Leader of the Opposition went on. I will Mr BEATTIE: Again. I find those read what he told the Parliament so members comments offensive and ask for them to be opposite cannot accuse me of misrepresenting withdrawn. That is not what I said. The Premier him on this issue. These are his own words. He has deliberately misled the House. I find them went on— offensive and ask that they be withdrawn. "... whether we want to accept this or not, Mr BORBIDGE: If the Leader of the we do have a low-tax base not only in Opposition finds it offensive that he said that Queensland but generally in Australia. If he would support legislative moves by this something like a petrol tax is looked at, for Government to prevent fuel price increases in example, not only is it fair and equitable Queensland, I withdraw it. But that is another but it means that those people who come backflip. Every time he opens his mouth, he to Queensland on holidays would pay a cannot help himself. small percentage of a petrol tax towards Let us have a look at the record. I State coffers." indicated clearly last night that the What did the former Tourism Minister, Mr Government is doing everything in its power to Gibbs, say last night? He referred to the avoid a fuel tax being imposed on Queensland dreadful impact that this fuel tax hike would as a result of the recent High Court decision. have on this State's second-largest industry. But last night, what did the Leader of the Opposition say? He said— Mr BEATTIE: I rise to a point of order. I seek it to be withdrawn. He has "Queensland is now exposed to a misrepresented my words. I said that I would massive economic crisis. be the last person to be out there crusading ... for it. Why does he not tell the truth? The massive hit of an 8c a litre Mr SPEAKER: Order! There is no point of increase will send the Queensland order. economy reeling. It means a one-off inflationary impact of 1.2% Mr BORBIDGE: I will keep quoting the Leader of the Opposition. I have his whole ... speech here. I do not want to take anything The average Queensland family will out of context, so I refer honourable members have to find another $400 to Hansard of 13 July 1993, page 3423— ... "I am not a high-tax person in any More than one quarter of a billion sense, but I do think that there will be a dollars will be added to the prices of time, somewhere along the road, when goods sold in Queensland." we will need to look at widening the tax base and maybe issues such as the On and on it goes. Does the Leader of the petrol tax need to be put on the agenda Opposition support that position? Does he and discussed, looking at it from the support what he said last night? Is that still his position of equity. position, or has he changed it since? For example, whether we want to Let us have a look at what the Leader of accept this or not, we do have a low-tax the Opposition said when he was in base not only in Queensland but Government on 13 July 1993. When he was a generally in Australia. If something like a member of the then Government, the now petrol tax is looked at, for example, not Leader of the Opposition said this—— only is it fair and equitable but it means Mr Beattie: That's old news. that those people who come to 3674 Questions Without Notice 8 Oct 1997

Queensland on holidays would pay a of the Opposition or the shadow Treasurer? small percentage of a petrol tax towards They have three different views on the subject. State coffers that would release some of Mr HAMILL: I rise to a point of order. In the money now used for road funding." response to the Premier's question, we are all Last night the member for Bundamba right. The trouble is that the members of the rose and decried the impact of a fuel tax on Queensland Government are all wrong. They the tourism industry. In 1993 the Leader of the are the ones who sold out the State. Opposition was saying that if we had a fuel tax Mr SPEAKER: Order! The member for it would be fair and equitable, because those Ipswich will resume his seat. There have been people who came here on holidays would be enough frivolous points of order. I now warn making a contribution. the honourable member for Ipswich under Mr BEATTIE: I rise to a point of order. I Standing Order 123A for persistent interjection seek that to be withdrawn. In that speech I and frivolous points of order. said that I would be the last to be out there crusading for it. The Premier has deliberately Mr BORBIDGE: I did not realise until today that the emerging struggle for the misrepresented my comments. I seek a withdrawal. leadership of the Labor Party was a three-way race. After that interjection, Jim, you are Mr SPEAKER: Order! The Leader of the looking good! Opposition has made his point. What we have on the issue of fuel tax—— Mr BORBIDGE: With all due respect, I cannot withdraw what the Leader of the Mr Elder interjected. Opposition said. I will quote a bit more. Mr SPEAKER: Order! The honourable Mr SPEAKER: Order on both sides of the member for Capalaba! That is an Chamber! unparliamentary remark. I ask him to withdraw it. Mrs Sheldon interjected. Mr BORBIDGE: The Deputy Premier Mr ELDER: I withdraw. suggests that the Leader of the Opposition Mr SPEAKER: Order! I now warn the might move a motion that his comments be member for Capalaba under the provisions of expunged from the record. The member for Standing Order 123A. Murrumba could word the motion. The Leader Mr BORBIDGE: We have Opposition of the Opposition went on to say— members who believe in nothing. They change "I know it is an unpopular concept for their position whenever they open their anyone to be talking about a new tax, mouths. We have a massive credibility and I accept that ... However, if we are vacuum. We have a situation in which one day looking at quality of life for the Leader of the Opposition says, "We will Queenslanders, and we are looking at support legislation." The next day the shadow where we are when it comes to education, Treasurer says that they will not. We have a particularly, and health, which were Leader of the Opposition who says that there ignored for so long under the National should not be an increase in fuel prices, which and Liberal Party Governments in this is exactly the Government's position; when in State, we do need to look at a Government he advocated it. We have a broadening of the tax base, and we need frontbencher—— to look at it very seriously." Mr BEATTIE: That is not true. I seek it to Mr Speaker, I would like to read his whole be withdrawn. That is simply not true. speech, but you will sit me down for taking too Mr SPEAKER: Order! The position has long to answer a question. been explained. The Leader of the Opposition Mr SPEAKER: That is a possibility. made his point when he rose previously on a Mr BORBIDGE: I am quite happy to table point of order. I ask the Premier to conclude the Leader of the Opposition's remarks. his answer. How do those comments made by the Mr BORBIDGE: I do not know what part Leader of the Opposition in Government gel of his speech to withdraw. We see a massive with the comments of his colleague the credibility vacuum opposite. The Leader of the member for Bundamba, who said in his Opposition has advocated a fuel tax. He is all contribution last night that a fuel tax would be over the place. He has been contradicted by a disaster for the tourism industry? Who is two of his shadow Ministers and his credibility right—the member for Bundamba, the Leader is going down the gurgler. 8 Oct 1997 Questions Without Notice 3675

New Government Apprenticeships they underinvested in the system, they had Mr ELDER: I refer the Minister for Training also run it so inefficiently and so recklessly that and Industrial Relations to his answer to the lack of diligent and proper administration question on notice No. 1001 in which he had led to the lack of a trained work force in admits that the number of apprentices who Queensland. So I cannot accept the figures commenced training with the State that the honourable member put forward. Government fell by 42% over the past year, Mr ELDER: I rise to a point of order. They from 399 apprentices in 1995-96 to 233 are the Minister's own figures. Does the apprentices in 1996-97. I ask: why, during the Minister accept them or does he not accept so-called Year of Training, has he slashed 166 them? The Minister sent them to me. positions from the ranks of new Government Mr SPEAKER: Order! I call the Minister. apprenticeships? How does he justify that reduction when Queensland is already Mr SANTORO: The honourable member suffering a chronic shortage of skills because is quoting apprenticeships figures. Let me tell the intake of 7,156 apprentices over the past the members what the previous Minister did in year was 3,000 fewer than necessary to relation to apprenticeships. This morning, I maintain Queensland's existing skills base? attended a breakfast at which Mr Bruce Scott—and members opposite should listen to Mr SANTORO: The effrontery of the this because they will learn something—the honourable member opposite to be asking me acting chief executive of Stanwell put up a that question shows how little members graph and displayed it to the training opposite have learnt from their previous intelligentsia of Queensland. That graph mistakes and from their absolute lack of showed the massive decline in apprenticeships performance in the area of training. under the previous Government. The previous Mr Elder: Your answer. Minister—and I challenge him to deny Mr SANTORO: I will certainly answer that this—and the Minister previous to him stopped question. When we came to Government after referring to apprenticeships and combined six years of dismal performance on all levels by them with traineeships. So we had a combined members opposite, we commissioned an figure, which hid the dismal decline in independent Commission of Audit. That was apprenticeships under the previous undertaken by Mr FitzGerald. We did that Government. That figure referred to a because we did not want to be a combination of traineeships and Government—a group of politicians—who took apprenticeships. office and did what members opposite do, that All I can do for members opposite is refer is, knock, knock, knock and denigrate. We them to the ministerial statement that I made asked somebody who was independent, highly this morning, in which I said that we are respected and who had headed countless seeking to create a training culture that did not independent commissions on behalf of Labor exist under the former Labor Government. In Governments at both a State and Federal fact, we have undertaken a series of initiatives level to conduct an audit of the State's to encourage small-business people who, finances, the State trading system, the State's under the previous Government's infrastructure system and the system administration, had less than 12% of their generally. employees participating in training, and the members opposite know that. Under the As a result of that audit, we discovered previous Government, less than 12% of all that under the previous Government— employees employed by Queensland small particularly under the charade of members business participated in vocational education opposite who masqueraded as Ministers for and training. Training but who neglected the training system—Queensland had developed the The honourable member for Capalaba, in least-skilled work force in Australia. That was a his smug and dismissive way, seeks to wave condemnation. away the truth of what I am saying. When it came to training, he failed. In fact, if the Mr Braddy interjected. honourable member wants me to talk about Mr SANTORO: I will address whether the the Government's performance, I will now situation has worsened or not. The quote specific figures in relation to central Commission of Audit found that we had the Queensland, which I quoted to him yesterday. least-skilled work force. It found that the Those figures indicate a jump of 40% in member opposite and his discredited trainees and apprentices in central administration had underspent and Queensland. Why does the Opposition not be underinvested in the system. Not only had gracious enough to give the Government 3676 Questions Without Notice 8 Oct 1997 credit for that? Why does the Opposition not proved that in an article in the Courier-Mail in be honest enough to admit that in the 12 which he stated that the State Government months of Labor's administration to December had splurged $700m on capital works to mask 1995, just in central Queensland alone only a decline in quarterly growth. Last year he was 1,461 new apprenticeships and traineeships running around Queensland claiming that the were approved—and they are the previous Government had frozen capital works Government's figures—compared to 1,640 in expenditure. Now he is saying that the the first eight months of 1997 alone. Why is coalition is spending too much, it is splurging the Opposition not gracious enough to on capital works and is overachieving in the acknowledge that? Capital Works Program. I thank the member On the south coast there was a 44% for that. I guess it was a backhanded increase in traineeships and apprenticeships. compliment, but it was a compliment that the Why does the Opposition not stop knocking Government is overachieving in the provision and be gracious enough to admit that? In of capital works. The construction industry and relation to other regions, the Opposition should all the workers in Queensland who have a job look at what the Government has done, for would agree with the shadow Treasurer. example, in the Darling Downs area where However, we should look at what again there has been an increase of 40% in happened to the backtracker from Brisbane apprenticeships and traineeships. In the Wide Central, the current Leader of the Opposition. Bay/Sunshine Coast region, there has also It took him only a couple of days to do a been a massive increase in apprenticeships backflip. Earlier this week in an article in the and traineeships. Courier-Mail he stated that we do not have a splurge and, indeed, that there is still a freeze I challenge the member to defend his on capital works. Somehow the shadow abysmal lack of performance. He is walking out Treasurer and the Leader of the Opposition of the Chamber because he cannot cop it any have to get their acts together. Obviously, the more. The member realises that it was his previous Minister who sought to perpetrate a question has to be asked: do the shadow fraud in declining apprenticeship numbers. The Treasurer and the Leader of the Opposition member perpetrated the fraud and this talk to each other? I guess the answer has to Government is rectifying not only that fraud but be: no, because no-one trusts anybody else. also the previous Government's abysmal lack I will reiterate very briefly the coalition's of performance. Capital Works Program for 1997-98. There is new capital works expenditure of around $900m, which as we know from the Budget Capital Works documents is going into important social Mr CARROLL: I refer the Deputy Premier infrastructure such as roads, schools, to mounting evidence of the astonishing hospitals—the things upon which we need to acrobatic ability of the Leader of the really build our State and to provide the Opposition in performing policy backflips, and I infrastructure for industry to come in and ask: could the Treasurer detail to the House create jobs as well. The 1997-98 capital works any changes in the Opposition's position on budget provides a significant increase in the issue of capital works? funding for the second year of our $1.6 billion rejuvenation package, which is part of our Mrs SHELDON: I thank the honourable $4.25 billion funding this year, the $4 billion member for his question. I know that he has a funding last year, and there will be even more keen interest in what the Government is doing for capital works in the next Budget. in relation to capital works. Specifically, that rejuvenation package will I think that we need to put into clear receive a threefold increase in 1997-98 to perspective the backflips of the current Leader $641.2m following funding of $214.5m in of the Opposition. We have just heard about 1996-97. the fuel tax. I think that we should look now at I will reiterate some of the major capital the issue of capital works. Certainly, there works projects. We have an incredible hospital seems to be quite a difference of opinion rebuilding program, we have the increased between the Opposition Leader and the funding for the Pacific Highway, we have a shadow Treasurer, David Hamill, who is either continuation of funding for regional road No. 1 or No. 2 in the race for the Opposition development, we have additional work on the leadership. The shadow Treasurer believes airconditioning of schools program in the north, that to be an effective spokesman he has to and we have increases in funding for water oppose the good things that the coalition is infrastructure. The 1997-98 capital works doing. Recently, the Labor member for Ipswich budget also provides a further stimulus to 8 Oct 1997 Questions Without Notice 3677 infrastructure development with new initiative facility. The member would do himself a favour funding of around $250m. Those funds will be by going to Milton and seeing first-hand what directed to priority areas, including an is provided for young people in terms of job additional $43m, that is $180m over three opportunities in the State. Why does he not years, for health services capital funding. That get out of the House, go to Milton and have a includes the redevelopment of the Herston look? Why does he not meet with the board? hospital complex, the Prince Charles Hospital, Why does he not make himself available to the Princess Alexandra Hospital, and hospitals the board of QANTM so that he can see first- in the Toowoomba, Ipswich, Logan and hand what is provided there for the young Beaudesert areas. people who are looking for job opportunities in I have two more pages of dot points that I the film and television industry? This could outline, but I will not do that. However, I Government is all about providing will just say that through all the capital works opportunities and facilities for young people to spending in this State we are creating 47,000 be trained. full-time jobs. I think that has to be one of the When making claims about the board of great incentives for people to come to QANTM and the facilities and training Queensland—that belief that they can get opportunities that it is providing, is the member jobs. That also reiterates this Government's for Bundamba really saying that Les Riley from performance in job creation in the State. Channel 7 is a shonk? Is he really saying that the chairman of the board of QANTM is not up to scratch in running that facility? Is he really Australian Silicon Studio Training Centre saying that Dr Ian Reinecke, the Deputy Vice- Mr GIBBS: I ask the Minister for Tourism, Chancellor of the University of Queensland, is Small Business and Industry: if there is nothing a shonk? wrong with the film and television training Mr GIBBS: I rise to a point of order. At no course provided by the Australian Silicon stage have I cast a aspersions on a person Studio Training Centre, which has so far whom I believe is very honourable, that is, Les received more than $4m in Queensland and Riley from Channel 7, whom I have known for Federal Government training money, why then a considerable number of years. has Silicon Studio's General Manager, John Gillies, only recently written to one of the Mr SPEAKER: Order! The honourable students who complained about the course member will make his point of order. admitting that the criticism was valid and that— Mr GIBBS: My criticism is of this loafing, "... it has come apparent to myself that incompetent fool who poses as a Minister in there were a number of areas relating to this Government. the way we have been delivering our Mr SPEAKER: This is not a criticism; it is a services to clients, needs vast point of order. The member will resume his improvement and will be addressed by seat. myself immediately. Mr DAVIDSON: Yesterday, the member ... for Bundamba came into this House and Again, I am sorry that you and your demanded a CJC investigation into QANTM. If classmates experienced the difficulties he wants a CJC investigation into Les Riley that you have outlined, and would be and Dr Ian Reinecke, Tom Cochrane the Pro- happy to discuss these issues further with Vice-Chancellor of QUT, and all board you in the near future." members, he can go ahead, but I will not Mr DAVIDSON: I ask the honourable support it. I have full and total confidence in member: so what? I have seen the letter. The that board to administer the facilities of the member should not think he has walked into Silicon Training Centre. I will never question its this House with a secret letter. I have seen that ability to provide facilities for the students of letter many times. Indeed, I saw it again this State. That board was appointed by the yesterday and today. As Mr Gillies quite clearly previous Government and I have every states in the closing paragraph, he would be confidence in and support its ability to do the happy to discuss those issues with that job. student. Let us not get carried away with one This morning I received a letter from Mr letter from one student. Let us accept the fact Les Riley, the Managing Director of Channel 7. that the general manager was prepared to I table the letter as it is quite comprehensive. It discuss those issues with that student. states—— I do not agree that the Silicon Training "As Chairman of QANTM and a Centre is having any problems. It is a fantastic Board member of ASSTC, I would like to 3678 Questions Without Notice 8 Oct 1997

register with you my concern at the lack of about time that the member opposite realised factual detail included in Mr Gibbs that every time he opens his mouth and statement to the House and the potential makes these claims, all he does is impact on deleterious effect it may have on the the ability of the Government to attract those youth of Queensland who might otherwise sorts of opportunities for Queenslanders. have embraced the opportunities offered to them by such training courses as provided by ASSTC. Crime Commission ... Mr GRICE: I refer the Minister for Police to mounting evidence of the amazing acrobatic To this point, I was of the ability of the Leader of the Opposition in understanding that the training of talented performing policy backflips, and I ask: can the Queensland youth in what undoubtedly Minister detail to the House any change in the will be one of the leading disciplines in the Opposition Leader's position on the issue of a next millennium, was a goal of all State Crime Commission? Parliamentarians. For our State to keep ahead of Victoria, New South Wales, and Mr COOPER: I do detect some changes the others it is vitally important that every in the position of the Leader of the Opposition. support and encouragement is given to Mr Borbidge: Do you feel a thesis coming the youth of this State to be a part of the on? rapidly growing film, television, and Mr COOPER: The thesis has been and entertainment industries which provide gone, but the basis of the thesis remains. The wide-spread employment opportunities." Leader of the Opposition was right and I think I seek leave to table that letter. that his concept was good. This was an idea Leave granted. that I also had back in 1994-95, and the honourable member used it for his QUT Mr DAVIDSON: I also inform the House of masters thesis, which was a good one. He the actions my staff undertook last night to recommended the establishment of a Crime ensure that the 64 or 65 students who are Commission. In many instances since then, he involved in this course can be confident that has espoused the benefits and values of a they will be able to continue with their Crime Commission to the State of Queensland scholarships. My office contacted 8 of the 11 and its people. All I can do is agree with him students, and 7 of those 8 students were on that. overwhelmingly positive about the course. They are rapt. They think that it is providing However, it is very disappointing that the them with a fantastic opportunity. Leader of the Opposition then did a backflip. He referred the idea of a Crime Commission to Yesterday, the member for Bundamba his colleagues and, obviously, they flung it stated that five students had talked to him or back in his face. That is a pity. It does not say people in his office about their 2-D course—he much for the support that his colleagues will actually said, "A", "B", "C", "D" and "E"—but give him. It is unfortunate for the people of there are not even five scholarships offered in Queensland that that happened. the 2-D course. Once again he misled the House and he has used this opportunity to Mr Borbidge interjected. again impede the ability of the Government to Mr COOPER: I think it was a combination create training and employment opportunities of the two. It would be an extremely for the youth of the State. He has done that embarrassing position for him, because he for his own personal gain, to grab another gave the impression that he was heading headline, but he has gone too far. If he wants down a very serious track and that he a CJC investigation, he should write to Frank recognised the fact that the way to go was for Clair because Mr Clair would have to the organised crime function of the Criminal investigate Mr Les Riley and the board of Justice Commission to be passed to a Crime QANTM. Commission, which would have the necessary I have every confidence in the board of powers to carry out that job. QANTM, its facilities and the training I almost thought that we were going to scholarships that it offers to 185 students have a bipartisan approach to the issue. This across Queensland. Of those students, 40% is such a serious and important issue that we come from regional and rural Queensland. need some cross-pollination, and we were QANTM provides an enormous opportunity for heading down the track. It was going well. The them to gain employment in the film, people of this State are the real losers, entertainment and multimedia industry. It is because when a person who was totally 8 Oct 1997 Questions Without Notice 3679 committed to such a serious project then "There needs to be a specific focus backflips and says, "No, I did not mean it that on organised crime ... I favour the way. I am reversing my position", that sends establishment of a separate Crime out a message that all he was doing was Commission that would have the role of playing political games. That is all it was, specifically looking at organised crime." because the principles of the Leader of the We agree, and we added the paedophilia Opposition were right, but when political game reference as well. On 18 April, the Courier-Mail playing came into play, it won over principle. reported— That is a tragedy for the people of Queensland. "Opposition Leader Peter Beattie said last night that the CJC should lose its Mr Borbidge: He finds his thesis organised crime powers to a separate objectionable and he wants it withdrawn. crime commission." Mr COOPER: The Premier is cruel this On 14 August, on the ABC news, the Leader morning! of the Opposition stated— I will conclude my answer very shortly, but I wish to go through some quotes from the "One of the options we need to Leader of the Opposition. I reiterate that the consider is the State Crime people of this State are entitled to what they Commission ..." want with respect to the investigation of On 14 August, the Courier-Mail reported the organised crime. That is what the Opposition Opposition Leader as stating that a State Leader said. He said that there should be a Crime Commission might be the proper body separate function; that the CJC had run its to deliver the thorough and comprehensive course in respect of the investigation of investigation into paedophilia. We agree. On organised crime; that that function should be 24 August, the Sunday Mail reported that the hived off. Many other people and Opposition supported the establishment of a organisations have said that. We accepted Crime Commission. Two days later, the Leader that. The people of this State fully support that of the Opposition changed his mind. That is position. We also threw in a reference to what is so sad about this. On 2 September, investigate paedophilia. The Crime the Leader of the Opposition started to mellow Commission will have a standing reference to again and he said— investigate paedophilia. That is what will "I've got to live in the real world, and happen. if there is a crime commission set up and We could have had a more mature running, we would have to examine that debate and discussion, if the Leader of the on its merits." Opposition had stuck to his principles. On 6 September, when the make-up of the Members opposite would have recognised management committee was floated, the that. Unfortunately, the Leader of the Leader of the Opposition seemed to mellow, Opposition has done a backflip, and his because he said— principles have gone out the door just for the sake of political expediency. However, I cannot "If these moves are correct they are see any political gain in this for members moving in a much better direction than we opposite. There is none. The Sunday Mail of first thought." 23 March reports the Leader of the Opposition But he again withdrew his support. as stating— I am hoping for just one more backflip; "... I think it's a sound proposition and one that the Leader of the Opposition will come I will put to my colleagues." back to where he started from and support the The Leader of the Opposition said that he Crime Commission, which was supported in his would put that to his colleagues the Opposition thesis. That will be in the best interests of the spokesman for Justice and the Opposition people of this State. Police spokesman, and that they would draft a detailed proposal for a Crime Commission for VETEC Training Accreditation Procedures consideration by the ALP's shadow Cabinet. However, it did not get there. On 9 April, the Mr BRADDY: I direct a question to the Courier-Mail reported the Opposition Leader as Minister for Training and Industrial Relations. stating that the power to investigate organised As this Government continues to bypass his crime should be removed from the CJC and department to write training blank cheques for handed to a separate Crime Commission. I companies such as South Pacific Cruise Lines could not agree more. On 18 April, on ABC and the Australian Silicon Studio Training Radio, the Leader of the Opposition stated— Centre, I ask: have those two companies been 3680 Questions Without Notice 8 Oct 1997 required to go through nationally recognised Honourable the Minister for Tourism, Small and appropriate training accreditation Business and Industry. procedures and register their courses with the The Opposition has very little credibility in Queensland Vocational Education, Training this State, particularly when it comes to and Employment Commission? What other training, because its performance in companies are being allowed by his Government was not something of which to be Government colleagues to write training blank proud. The other reason is that the honourable cheques without proper accreditation with member for Kedron simply does not know how VETEC? the training system works. He should Mr SANTORO: Obviously, the honourable appreciate that that course is internationally member opposite does not have the guts to accredited. Those skills are portable. As the ask the Minister responsible for that portfolio. If Minister indicated this morning, the value of he did—— that course is appreciated. It does not need to Mr BRADDY: I rise to a point of order. I go anywhere near an accreditation body in this find the remarks offensive and incorrect. The State, and the member knows that. That question related to VETEC and training course is being run properly, and the skills will courses, for which the Minister is responsible. I be able to be used in this economy and also in find his remarks in relation to gutlessness not other economies. You know that, but you have only ignorant but also offensive. I ask that they descended into the gutter, just as Mr Gibbs did be withdrawn. before you. Mr SANTORO: Mr Speaker, if anything Mr SPEAKER: Order! The Minister will that I have said in the House offends the refer to honourable members by their proper honourable member, I will withdraw it. I stand title. by the actions of the honourable member for Mr SANTORO: The member for Kedron Noosa, the responsible Minister in terms of the has descended into the gutter with the training that has been undertaken by that honourable member for Bundamba and is company. The honourable member's question again knocking an initiative which, ironically— takes me back to a trade delegation led by the and we will give credit where it is due—started honourable member for Thuringowa when he under his Government. However, because the was a Minister. That delegation was attended member is in Opposition and wants to steal by me, the Minister for Trade and Economic every bit of credit that he can through being Development, the Minister for Police and three negative, he knocks and knocks, yet the other members of the Labor Party. I would member wonders why his leader is stuck below have thought that members of the Labor Party the winning margin and why members would have embraced the initiatives of the opposite collectively and corporately are going former Minister, because the issue of quantum nowhere. People have asked themselves the and associated training activities germinated question: can we really trust the same old mob during that trade mission. that we kicked out 18 months ago? It was very diligently followed up by the former Minister for Public Works and Housing When Opposition members continue to when a representative of that company came do what they are doing, they bring no credit to here. The honourable member for Nerang put themselves individually, to the Labor Party, to the Opposition or to this institution. The sooner a suggestion to Cabinet, which was embraced they learn that the better. I will give the by Cabinet and clearly supported as one of the Opposition some good advice, as I have been really outstanding initiatives of that trade doing ever since I became the Minister. I will delegation. To his credit, that former Labor give them a bit more advice today. They Minister has not been one of the knockers. should try to be positive, give credit where it is That is one of the reasons why, when he due, show a bit of decency and they might leaves this Parliament, he will be genuinely missed, unlike some other members opposite actually get somewhere. who are malicious, carping and always knocking. To his credit, the honourable Aged Care Funding, Public Nursing Homes member has not knocked it. The honourable member would be glad that he is not running Mr J. N. GOSS: I refer the Minister for for preselection again; he is really damned, is Health to mounting evidence of the he not? The point that I make is that it should astonishing acrobatic ability of the Leader of receive support from members opposite, the Opposition in performing policy backflips, because that is where this initiative came from. and I ask: can he detail to the House any It has been very diligently implemented by the changes in the Opposition Leader's position 8 Oct 1997 Questions Without Notice 3681 on the issue of aged care funding to In one of his theatrical productions the Queensland's public nursing homes? Leader of the Opposition now walks in and MR HORAN: I thank the honourable says, "This should not happen" and da, da, member for his question. I think we are all well da. When there is a chance of political and truly aware of the ambitions of the Leader opportunism the Leader of the Opposition of the Opposition to one day be in theatre and takes a total 100% standing backflip. appear on the stage. Obviously one of the I believe that the most callous backflip we prerequisites of that career is to be able to have seen undertaken by this Leader of the perform in different roles, whether it is down at Opposition occurred in the dying days and the back of the cow shed at Kingaroy, in the weeks of his Ministry. He went up and down Parliament, or whatever. The absolute the State of Queensland promising millions of hypocrisy of the Leader of the Opposition and dollars for hospital capital works, knowing full his obvious backflip can be amply well that the program was $1.2 billion demonstrated by his visit in May this year with underfunded. The final backflip—some people the member for Sandgate to Eventide. He would call it a backflip, but I would call it a walked around that place talking about how doublecross—was that, after telling those terrible it was that adjustments and changes towns what he would provide in capital works, were being made to bed numbers at Eventide. he came back to Brisbane and transferred These were changes that were implemented $34m of their money out of the capital works by the Leader of the Opposition when he was program to cover up the recurrent budget Minister for Health in 1995. Cabinet decided deficit that he was leaving behind. that it would accept the Commonwealth It is no wonder that Queenslanders have Government funding arrangements. These lost confidence in the Leader of the arrangements provided for additional moneys Opposition. Over the years Queenslanders per bed, but with a reduction in the number of have become aware of his backflips. They see funded aged care beds in Queensland. This that this Opposition is led by a man who says was implemented by Mr Beattie in 1995 when what he wants, when he wants, in an effort to he and the member for Sandgate proudly take the political opportunities of the moment. walked shoulder to shoulder through the doors of the common room at Eventide to announce those particular arrangements with the Police Response to Calls for Assistance Commonwealth Government. Mr BARTON: My question is to the The Leader of the Opposition sent a letter Minister for Police and Corrective Services. I to the nurse manager of one of the refer to a Sunday Mail report of 31 August in Government nursing homes. This nurse which a victim of convicted paedophile and manager had written to Mr Beattie about former police officer Dave Moore claimed that future directions in aged care in Queensland. within minutes of arriving at Moore's business Mr Beattie, the then Minister for Health, premises to serve a court order demanding wrote— payment of outstanding criminal compensation "In relation to the Commonwealth awarded by the District Court, two police cars funding model for nursing homes, and a Dog Squad unit arrived to restrain him CAM/modified SAM/OCRE to which you after he informed Moore that he was there to refer, there are substantial benefits for all serve the order. I ask: on whose authority did our clients in Queensland's acceptance of police make the attempt to restrain the victim the offer of Commonwealth funding." from serving a valid court order on Moore, and why cannot ordinary citizens receive a police He went on to say that there would be response to calls for assistance as quickly as improved service outcomes for residents. He that provided to this convicted paedophile? also went on to say this— Mr T. R. COOPER: The Opposition "I also anticipate added efficiencies spokesman would be or should be aware that in the operation of our nursing homes with operational matters are a matter for the the application of national benchmarks in Commissioner of Police. All members opposite the allocation and utilisation of nursing should know that. Anyone who has been a and personal care staff." Police Minister—and the honourable member The then Minister for Health implemented never will be—knows that a Minister does not these changes and started the reduction in interfere in operational matters. The police bed numbers in accordance with the obviously have their reasons. Has the agreement that he signed off with the honourable member ever bothered to find out Commonwealth Government. This occurred on what those reasons were? No! The honourable 1 January 1996. member was not interested in finding out what 3682 Ministerial Statement 8 Oct 1997 the operational matter was. He has not done increase of more than 64 per cent in trainees his homework. If the police choose to send and apprentices actually in training in the one car or 10 cars, that is their business. If region under this Government. they believed it was necessary to do it in that Earlier I referred to what had happened in way, so be it. A Minister has to keep out of the Wide Bay/Sunshine Coast region. Again those sorts of things. The police are there to the Leader of the Opposition and the Labor carry out operational duties, and the Police Party went around spreading mistruths. The Commissioner or his delegates are the ones coalition's achievements in the Wide Bay who issue the instructions. The member for region are impressive. The number of Waterford should know that. That is the way it apprentices and trainees in that region is going to stay. increased from 3,108 at December 1995 under Labor to 4,354 at the end of August this Apprentices and Trainees year under the Borbidge/Sheldon coalition. That performance puts tired old Labor to Mr HEALY: I ask the Minister for Training shame. This Government's record on the and Industrial Relations: can he outline to the number of new apprenticeships and House what this Government has done for traineeships approved since we came to office apprentices and trainees in the south-west is equally impressive. In the 12 months to region? Can the Minister also tell the House December 1995, under tired old Labor, there what Labor's record was in that respect? were only 1,321 new approvals, but during Mr SANTORO: I thank the honourable 1996 this figure increased by 79% to 2,370. member for Toowoomba North for his question. The member's outrage was palpable I will take the last few minutes of the time when he contacted me after the Beattie band available to me to debunk what the had been through Toowoomba, again honourable member for Capalaba said about spreading mistruths and lies about the places. He does not understand how the coalition's achievements in the Toowoomba training system works. There are public area in relation to traineeships and providers and private providers. In combination apprenticeships. I am very pleased to in this year's Budget we allocated $23.257m announce that in the Toowoomba North area and will deliver 14,038 extra places in the VET the achievements of the coalition are beyond system. The member for Capalaba should realise that, but he gets up and shoots his scrutiny. mouth off. He gets it wrong day after day. He The coalition's achievements in the south got it wrong, wrong, wrong again today. It does west are even better. During our first 12 not matter how much the member grins or how months in office, new approvals for much he smiles; we all know that he is a fool apprenticeships and traineeships in this region and a buffoon and that he is wrong more often soared by 99%, from 1,029 under Labor at the than not. end of 1995 to 2,052 by the end of February this year under the Borbidge/Sheldon coalition. During 1995 tired old Labor could manage MINISTERIAL STATEMENT only 1,029 new approvals, yet the Opposition Tree Clearing Rates was running around Toowoomba in September saying that its Jobs Plan—the Hon. H. W. T. HOBBS (Warrego—Minister manifesto based on a regurgitation of old for Natural Resources) (11.29 a.m.), by leave: Labor programs, a recycling of existing For some time now the conservation programs and a brazen attempt by Labor to movement has mischievously and inaccurately claim this Government's platforms as its own— portrayed tree clearing in Queensland as promises just 1,785 apprenticeships, wholesale slashing right across the State, traineeships and job placements on the something akin to the inferno sweeping Darling Downs over three years. Indonesian forests. It has quoted outlandish figures of 500,000 hectares a year—and even This does not compare well with the one million hectares—of trees and vegetation increase in the number of apprentices and being cleared. However, nothing could be trainees actually in training in the region under the coalition. In the year to December 1995, further from the truth. In fact, the reverse is under Labor, there were 2,540 trainees and actually happening. The latest scientific data apprentices in training in the south-west now records a decrease in the tree clearing region, but by the end of 1996 the coalition rate over the past decade. had boosted this by 37.8% to 3,500. That is Members will recall that earlier estimations the true record. During the first eight months of by my department of average annual clearing this year the figure increased to 4,168—an over the period 1991 to 1995 put the figure at 8 Oct 1997 Ministerial Statement 3683

308,000 hectares of which a large proportion Maybe one day out of the differing needs was regrowth. But the use of super computers and arguments among rural industries, to analyse multi-band Landsat satellite conservation groups and the community we imagery has shown the average clearing rate can reach agreement on conservation targets of native vegetation in the same period to be and planning certainty to suit both land-holder 262,000 hectares. However, the extent of concerns and conservation outcomes. clearing carried out in regrowth areas ranges from around 42% to some 77% of all clearing. Using the lower figure of 40% means that MINISTERIAL STATEMENT vegetation clearing on previously uncleared New Ambulance Stations woodland or scrub between 1991 and 1995 Hon. M. D. VEIVERS (Southport—Minister would have involved only about 157,000 for Emergency Services and Minister for Sport) hectares a year of the 262,000 hectares (11.33 a.m.), by leave: While the Members clearing rate, and this is only a conservative opposite specialise in adding layers of estimate. bureaucracy, red tape and inefficiencies, the These figures show just how misguided aim of this Government is to get on with the the conservation movement is when it makes job of improving emergency service delivery. its wild claims. The 157,000 hectares figure is So it was my pleasure last Thursday to be in less than 0.3% of the total of 60 million north Queensland to open new ambulance hectares of vegetation resource occurring in stations at Mission Beach and Edmonton. potential agricultural zones. This translates to The opening of the Mission Beach and approximately 0.15% of Queensland's total Edmonton stations was a first for the area of 172.7 million hectares. It is hardly a Queensland Ambulance Service. Never before holocaust, as the greenies would have us had two new ambulance stations been believe. opened in the one day, underlining this This more accurate record of tree clearing Government's commitment to emergency in Queensland has been provided by the service delivery. The opening of the Horn Statewide Landcover and Trees Study known Island station in June and last Thursday's as SLATS. It is one of the largest satellite- opening of two stations combined with the based, remote sensing projects ever carried opening of the new Cooktown station later this out in Australia and it is coordinated by my year will bring the number of new ambulance department. The satellite imagery used by stations opened this year in far-north SLATS covers all of Queensland in 88 Queensland to four. Four new ambulance separate scenes. The previous estimate of stations for North Queensland! 308,000 hectares a year clearing rate was At Mission Beach and Edmonton the new subject to edge overlap between satellite stations will ensure service delivery will be scenes and required further field checking. The greatly enhanced, and that is what we want to new figures are based on a more refined achieve. There has been rapid population analysis of the information gathered by growth in these two areas and this satellite. Government is committed to providing all Other revealing information coming from Queenslanders with top quality services. the SLATS process is that Queensland grazing Mission Beach station was opened at a cost of industries have been identified as a net sink $257,000 and the Edmonton station at and not a net source of the greenhouse gas, $646,000. Both will operate around the clock. carbon dioxide. Research indicates that Mission Beach is a significant tourist thickening of the State's vegetation is destination and the new station will also absorbing some 140 million tons of carbon provide backup support to Tully and Silkwood dioxide each year, more than double the for highway accidents. volume being emitted by the land use and All we have heard from the Opposition on forestry sectors. Studies by the Department of emergency service delivery is whingeing and Primary Industries show current grazing whining and, in particular, nasty data twisting management practices reduce fire frequency on response times—nothing of a positive across the State, leading to thickening of the nature whatsoever! During its six years in natural vegetation. That means that the office, it put in place an unwieldy bureaucracy previous national greenhouse gas inventory at the expense of actual service delivery. In was incorrect in attributing 24% of national stark contrast, this Government with myself as emissions of carbon dioxide to the land use the responsible Minister has taken many and forestry industries. SLATS has identified positive steps to bring about the improvement significant areas of vegetation thickening. in service delivery within the Ambulance 3684 Powers of Attorney Bill 8 Oct 1997

Service. Establishing the Ambulance Service AYES, 43—Baumann, Beanland, Borbidge, Connor, as a statutory authority under the Ambulance Cooper, Cunningham, Davidson, Elliott, FitzGerald, Board will minimise the previous bureaucratic Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, processes of the department—— Hegarty, Hobbs, Horan, Johnson, Laming, Lingard, Littleproud, McCauley, Malone, Mitchell, Perrett, Mrs Edmond interjected. Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Mr VEIVERS: Let me just tell the Slack, Stephan, Stoneman, Tanti, Veivers, Warwick, honourable member opposite that we have Watson, Wilson, Woolmer. Tellers: Springborg, the best response times in Australia. We are Carroll not surpassed; we are the best. She should NOES, 42—Ardill, Barton, Beattie, Bird, Bligh, stick to Health. She blew that when she was in Braddy, Bredhauer, Briskey, Campbell, D'Arcy, there; now she is trying to tell me how to run De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Hamill, Hayward, Hollis, Lavarch, Lucas, this portfolio. I have made it a success and it McElligott, McGrady, Mackenroth, Milliner, Mulherin, burns her up. She cannot cop it. Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, The Ambulance Board will minimise the Rose, Schwarten, Smith, Spence, Sullivan J. H., previous bureaucratic processes of the Welford, Wells. Tellers: Livingstone, Sullivan T. B. department to ensure that every ambulance Pair: Goss W. K., Lester officer can get the job done as quickly and Resolved in the affirmative. efficiently as possible. As with the opening of new stations and the massive upgrade of the State's ambulance fleet and improved staff Second Reading training and conditions, our objective is to Hon. D. E. BEANLAND (Indooroopilly— provide excellent first response emergency Attorney-General and Minister for Justice) service delivery to the people of Queensland. I (11.43 a.m.): I move— was the Minister who brought in the isolated remote and rural areas incentive so that we "That the Bill be now read a second can get people out where the members time." opposite pulled services away from them. It A power of attorney is a formal document has been a ripping success and they do not by which one person (a principal) authorises like it at all. someone else (an attorney) to act on their I would like to place on record this behalf for certain purposes. Although powers Government's appreciation of the fine work of of attorney have been in existence for the local ambulance committees and the centuries, general powers of attorney were many community service clubs that work only incorporated into legislation in tirelessly to support their ambulance services. Queensland by the Property Law Act 1974. Save in certain special circumstances, a general power of attorney is revoked if the POWERS OF ATTORNEY BILL principal loses capacity, so that the benefit can Hon. D. E. BEANLAND (Indooroopilly— be lost at the very time that it is most needed. Attorney-General and Minister for Justice) To overcome this problem, so that people (11.37 a.m.), by leave, without notice: I might be able to make provision for the future move— management of their affairs if they should lose "That leave be granted to bring in a capacity (as might occur through Alzheimer's Bill for an Act consolidating, amending disease, stroke or head injury), the concept of and reforming the law about general an enduring power of attorney was developed powers of attorney and enduring powers and incorporated into the Property Law Act in of attorney and providing for advance 1990. While this was a significant advance in health directives, and for other purposes." enabling people to plan their affairs, these Motion agreed to. enduring powers of attorney have limitations and a lack of flexibility which meant that they did not meet community expectations. Since First Reading they only relate to financial matters, there is no Hon. D. E. BEANLAND (Indooroopilly— ability to choose someone to make personal Attorney-General and Minister for Justice) decisions (such as where the principal is going (11.37 a.m.): I present the Bill and the to live and other day-to-day decisions) or Explanatory Notes, and I move— perhaps more importantly to make health care decisions if the principal should become "That the Bill be now read a first unable to do so. This meant that where a time." person was unable to give consent for medical Question put; and the House divided— treatment, the doctor would have to obtain the 8 Oct 1997 Powers of Attorney Bill 3685 consent from the Legal Friend. Contrary to previously part of the law in Queensland and popular belief, the person's spouse or a places these in a comprehensive format member of the family does not have that legal unique within Australia. authority. Supervisory and investigatory powers In view of the length of the second- also needed to be strengthened to effectively reading speech, if the House was agreeable I deal with cases of exploitation and elder would be prepared to move that the remainder abuse. of the speech be incorporated in Hansard. The lack of a set of statutory principles Leave granted. meant that there was no legislative direction for the guidance of an attorney when making Mr Speaker I will now focus more directly on the reforms which will be achieved by the Bill. decisions for a principal who is unable to give instructions. For some period of time there The Bill creates a legislative regime for— have been strong indications from the general powers of attorney for financial community that people also want to be able to matters; give instructions in relation to the type of enduring powers of attorney for financial health care and treatment they want or don't matters and personal/health care matters; want in the future should they lose capacity to the creation of statutory health attorneys; do so for themselves. making of advance health directives; and Members may be interested to know that legislative principles to guide attorneys these are issues which can affect a and others when making decisions for considerable number of people in the people with a decision making disability. community; a proportion which continues to The Bill also establishes the Office of Adult increase with the ageing population. Well over Guardian which will be an independent 135,000 adult Queenslanders have a statutory position accountable to Parliament condition which may affect their capacity to and responsible for the protection of people make decisions in relation to their finances, with a decision making disability from personal personal matters or health. Over 46,000 adults or financial exploitation, which unfortunately are estimated to be affected by moderate to has become all too prevalent in the community. severe brain damage from causes including Chapter 1, in addition to providing an overview Alzheimer's disease, stroke and other of the types of authorisations and directions conditions. It is estimated that some 2.9% of which may be given by a person, confines the the adult population (68,000) is affected by operation of the Act to powers of attorney mental illness; 5,000 (conservatively) by a made after commencement of the Act except profound or severe disability due to acquired where expressly stated. brain injury and 16,600 adults 20 years and The reason for this is to ensure that existing over by an intellectual disability of congenital or powers of attorney and enduring powers of early childhood origin. attorney are not interfered with, but at the same time enable the application of provisions which Reforms to the area of law covered by the facilitate either the performance by an attorney Bill have been well overdue for a number of of his or her powers or the protection of years. They were the subject of a lengthy vulnerable people with a decision making examination by the Queensland Law Reform disability. Commission over a period of some five years. Chapter 2 incorporates and updates the type of The Healthy Ageing Research Unit of the powers and authorities which currently apply to University of Queensland's Department of powers of attorney under the Property Law Act, Social and Preventive Medicine also undertook and has the flexibility to make a power of quality research over a two to three-year period attorney by other means at common law such within the community and with medical as appear in mortgages leases and other commercial instruments. practitioners and other health-care professionals concerning future health care Powers of attorney given as security can fall planning. within this category and as such the special rules which have traditionally applied have been The Department of Justice has retained. undertaken community consultation, the In Part 2, Clause 11 retains the statutory form of results of which have reflected strong general power of attorney which obviates the community and professional support for the need for a principal to specifically detail the proposed initiatives. The National/Liberal terms of the appointment being made. coalition Government released a draft Bill to Clauses 12 to 14 involve a continuation and the public and has amended sections of that improvement of existing provisions developed Bill in response to submissions received. The in consultation with the Queensland Law Powers of Attorney Bill introduces concepts not Society and the Australian Bankers Association 3686 Powers of Attorney Bill 8 Oct 1997

to facilitate the use of powers of attorney in a completely independent and qualified person commercial environment. involved in the process. Part 3 gives statutory recognition to the Under Clause 31, to be an eligible witness a common law principles relating to revocation person must be a justice of the peace, and in addition removes two potential areas of commissioner for declarations, notary public or uncertainty where a principal's capacity lawyer, who is not a relation of the principal, an becomes impaired. attorney or a paid carer or health provider. Clause 18 provides that a principal needs the Clauses 32 and 33 of the Bill provide a person same level of capacity to revoke a power of intending to make an enduring power of attorney as to make one, and resolves an attorney with a large range of options which aspect about which there has been some have not previously existed. uncertainty due to a paucity of judicial A principal is able to authorise one or more authority. attorneys to do anything in relation to a financial This provision will also enable the court to matter or a personal matter (which includes confirm a power of attorney where a principal's health care) which the principal could do by an inability to communicate is merely temporary. attorney. Mr Speaker it is at this point that we move into The principal is also able to impose conditions the area of the Bill which relates most directly or give instructions about the exercise of this to the facilitation of future planning in the event power. of loss of decision making capacity. The principal is able to specify such things as Chapter 3 deals with enduring powers of the time or circumstances, such as loss of attorney and advance health directives (called capacity, in which the enduring power of enduring documents) which continue in force attorney will come into operation. after the principal has lost decision making Mr Speaker, these are important innovations capacity which overcome a number of the existing areas It is therefore important to appreciate the of inflexibility and remove uncertainties to significant difference between a power of which I previously referred. attorney and an enduring power of attorney. Clause 34 contains a rather unique feature and While a power of attorney lapses once the one which will particularly benefit people principal has lost decision making capacity, an moving to Queensland from other States. enduring power of attorney does not. Presently, an enduring power of attorney made Although this is of great advantage for the in another State is not valid in Queensland. planning of one's future, it also means that the This problem has been overcome by this clause attorney will be acting without the supervision which now gives recognition to an enduring or direct instructions of the principal and power of attorney validly made in another State consequently the principal can be in a most to the extent that the powers given in that vulnerable position. enduring power of attorney could have been For this reason the legislation has specific given under a Queensland enduring power of provisions dealing with the making of enduring attorney. documents and the persons who can act as an Mr Speaker I would like to draw attention now attorney to one of the most significant aspects of the to be "eligible" under Clause 29 to act as an Bill. attorney a person must be at least 18 years, and Although in place in some other parts of the not be a paid carer or health provider nor a world (sometimes called a living will), an bankrupt. advance health directive in the form proposed The Public Trustee, trustee companies and the in the Bill is unique in Australia. adult guardian (for personal matters) may also Clause 35 enables an adult to give directions be appointed, so that a principal has a wide about health matters and special health matters range of choices. and give information about that direction. Trustee companies did not wish to undertake a It is important to appreciate that there is a clear health care role and consequently are not distinction between the type of medical "eligible" for an appointment under an advance treatment and care which the adult themselves health directive. can direct and the type of treatment which an Where a principal has a physical disability which attorney can authorise under an enduring power precludes their signing an enduring document, of attorney or advance health directive. Clause 29 enables it to be signed on their In other words what a person may decide for instructions by a person who is at least 18 themselves is one thing—what can be decided years, who is not an attorney or witness. for them by another person is something quite Mr Speaker, to give added protection against different. exploitation, the stricter witnessing the distinction lies in the definitions of health requirements will now ensure that there is a care and special health care. 8 Oct 1997 Powers of Attorney Bill 3687

Schedule 2 Section 5 defines health care as Mr Speaker it needs to be made quite clear that "care or treatment of, or a service or procedure in no way does the Bill authorise euthanasia (i.e. for, the principal killing someone by some means—bullet, lethal to diagnose, maintain or treat the injection) or assisted suicide. principal's physical or mental condition; The provisions of the Bill in this respect reflect and the approach recommended by one "right to life" organisation, in its response to the carried out by, or under the supervision consultation draft of the Bill. of, a health provider; Members may also be interested to know that a "health provider" means a person who the proposal has the support of the bioethics provides health care in the practice of a centre for the Queensland Catholic diocese profession or the ordinary course of business. which advises that the Bill provides legal Procedures such as first aid treatment, non- protection for the principles enunciated in the intrusive examinations, and the administration of Vatican's "Declaration on Euthanasia" (1980) . non-prescription or normally self-administered One form of advance health directive—in other drugs, are excluded and therefore do not places referred to a "Ulysses Agreement"— require the formal consent of an attorney for a enables a person with an episodic mental illness person with a decision making disability. to give specific directions as to the type of "Special health care" involves procedures or measures which may be taken, including treatment which are particularly invasive or have physical restraint (despite objections), to particularly serious consequences. enable treatment to be obtained. Accordingly, it is appropriate that consent I would stress, Mr Speaker, that whether a decisions of this nature should be restricted so person wishes to make an advance health as to ensure that the interests of a person with directive or not and the precise terms of that a decision making disability are the paramount direction are entirely voluntary matters for the consideration. person concerned. "Special health care" relates to the following— Safeguards have been inserted into the Bill to ensure that such a decision is made of the removal of tissue from the principal while person's own free will. alive for donation to someone else; In relation to the making of the advance health sterilization of the principal; directive I would reiterate my earlier comments termination of pregnancy of the principal; about the eligibility requirements for witnesses and attorneys which apply to all enduring participation of the principal in (medical) documents. research or experimental health care; As an additional safeguard, Clause 40 requires psychiatric health care of the principal that all enduring documents must contain a prescribed by the regulations certificate by the independent witness that the (electroconvulsive therapy—ect) person understands the nature and effect of the withholding or withdrawal of life-sustaining document and the particular aspects which go measures; to make up that understanding. other health care prescribed by the While an enduring power of attorney is required regulations in an advance health directive under Clause 43 to be in the approved form, an adult is also able to give directions as the use of the approved form of advance health to the type of medical treatment they want directive is optional. or do not want. With respect to the revocation of an enduring Just as a person has always been entitled to document, Clause 45 requires that the principal refuse medical treatment regardless of the must take reasonable steps to advise all consequences, this provision, Mr Speaker, will attorneys and deregister an enduring power of enable a person to exercise that right in the attorney which has been registered to deal with future through a direction which takes effect land. only on their becoming incapable of doing so. Clauses 46 and 47 require that a principal must This means that a person will be able to specify have the same level of capacity to revoke an the type of disability which they consider enduring power of attorney or an advance unacceptable (such as being in the terminal health directive as it takes to make one. phase of a terminal illness or having permanent This will overcome an area of uncertainty which loss of ability to think or communicate with has existed under the law. others) and that in this event they do not wish Mr Speaker, although there is a necessity under to be given cardiopulmonary resuscitation Clause 48, for the revocation of an enduring (CPR) or mechanical ventilation or artificial power of attorney to be in the approved form feeding. and to comply with the same execution A person will be able to specify that only requirements as apply when an enduring power palliative care be given in these circumstances. of attorney is made, the revocation of an 3688 Powers of Attorney Bill 8 Oct 1997

advance health directive does not need to supervision of the principal, it is important that comply with these requirements. rules be specified. This relaxation is in recognition of the nature of These appear in Parts 1,2 and 3 of Chapter 5 an advance health directive and the need to and include such requirements as — provide maximum flexibility for people who may Act with honesty and with reasonable be unwell at the time. diligence; The Bill continues the existing provisions in Act subject to the terms of the relation to the events which cause a revocation empowering document; of an enduring power of attorney eg. death of either principal or attorney or the resignation, avoid conflicts of interest except where incapacity or bankruptcy of attorney. authorised; In addition, however, the Bill makes provision, observe the general and health care in keeping with community expectations, for principles; other events which will bring about the end of consult with other attorneys; an attorney's authority. keep proper records; Clauses 51 and 52 provide that the authority of keep the attorney's property separate from an attorney is revoked by the subsequent the principals marriage of the principal to a person other than the attorney, or by the principal's divorce from An attorney is however now able to make a gift the attorney. on behalf of the principal where these are seasonal or for a special event, and must Also if the attorney becomes a paid carer or maintain any of the principal's dependants. health provider, their authority will be terminated. So that an attorney can make informed decisions, Clause 78 gives the attorney the As an indication that the Government is serious right of access to all information necessary for about doing all that is possible to protect that purpose. vulnerable people from exploitation, Clause 59 makes it an offence to induce the making or Mr Speaker it is also important uncertainty be revocation of an enduring document with a avoided in situations where one or more maximum penalty of 200 penalty units ($15,000) avenues for health care decision could apply. Mr Speaker, in Chapter 4 this Bill establishes Clause 87 provides for the order of priority as— another innovation which will fill a gap in the advance health directive; law. enduring power of attorney for personal Notwithstanding practices to the contrary, there decisions; exists a common misconception that a spouse, statutory health attorney. parent or next of kin can lawfully give consent to medical treatment on behalf of another adult. Provision has also been included in clause 88 that minor uncontroversial health care may be To overcome this void, Clauses 60 and 61 or carried out without the necessity of obtaining the Bill create what is called a "statutory health the consent of an attorney providing the person attorney". does not object. In a sense, this gives statutory recognition to what people thought was the true position. This is appropriate to enable health providers such as nursing homes to be able to deal with A "statutory health attorney" is the first, in listed day to day care such as medication for pressure order, of the following people, who is readily sores or pain relief without the delay involved in available and culturally appropriate contacting the attorney in every situation. a spouse (where the relationship is close Part 5 of the Bill deals with situations where an and continuing); attorney health provider or other person ought an adult who has the care of the person; fairly to be protected for their actions. an adult who is a close friend or relation of Where an attorney does not know or have the person and is not a paid carer. reason to believe that the authority to Act has been revoked or is otherwise invalid, Clause 95 A "person who has the care of the adult" is provides that no liability is incurred. defined as a person who either provides or arranges for the provision of domestic services A person who acts in accordance with the and support and includes the person who was directions of an attorney and who does not the carer before the adult commenced to reside know of any want of authority, is similarly in a nursing home, hospital or institution. protected under Clause 96. This recognizes the role of a primary carer as The Bill also enables a person to apply to the being the appropriate member of the family to court under Clause 94 for advice and directions make decisions in health matters on behalf of a or to consult with the adult guardian in relation person with a decision making disability. to the operation of the Act. Because an attorney under an enduring power An important provision under Clause 100 is that of attorney may be acting without the a health provider, such as a medical 8 Oct 1997 Powers of Attorney Bill 3689

practitioner, who has reasonable grounds to Mr Speaker, providing the power to perform a believe that an advance health care directive is function such as this would be futile unless uncertain or that circumstances (such as there is also the "teeth" to enable investigations advances in medical science) have changed to to be done properly. such an extent that its terms are inappropriate, To this end the adult guardian will be is entitled to refuse to follow the directive. empowered under Clauses 134, 135 and 136 to This is a common sense approach to what is, in perform audits, obtain information as well as reality, the position which exists in any doctor conduct examinations in relation to breaches of and patient relationship, such that no doctor is the duties and requirements of attorneys under bound to follow a patient's request which is the Act. believed to be medically unsound or contrary to Clause 142 enables the adult guardian to take the doctor's duty of care. proceedings for the recovery of property of an Mr Speaker, to limit the adverse effect on the adult with impaired capacity wrongfully taken interest of a beneficiary by the actions of an and to suspend an enduring power of attorney attorney, Clause 104 enables a beneficiary for up to 3 months where there has been under the will to apply to the court for incompetence, or contravention of duties under compensation for any loss of benefit which may the Act. have occurred. In these cases the Public Trustee will take over This can sometimes happen if property property management matters and the adult specifically devised has to be sold to provide guardian will attend to personal matters, funds for the adult's care. pending the result of an application to the court for the removal of the attorney and the The existing jurisdiction of the Supreme Court appointment of a replacement. in relation to powers of attorney has been continued in Chapter 6 and in addition powers If an adult with impaired capacity is reasonably such as those under Clauses 117 and 118, suspected of being in immediate danger enabling the court to act on reports of the adult because of neglect, exploitation or abuse, guardian or Public Trustee and on material under Clause 145 the adult guardian will be able before it, are designed to simplify the conduct to obtain a warrant from a magistrate to enter of proceedings. premises and remove the person with the assistance of the police if necessary. Importantly, under Chapter 7 the confidentiality of information gained in the course of the Act's Mr Speaker, the Bill also contains transitional or administration is required to be preserved on consequential amendments to other related pain of up to 200 penalty units ($15,000) for legislation which will facilitate the achievement unlawful disclosure. of the objectives of the Bill or performance of the role of the adult guardian. A fundamental element in any regime where the rights and interests of people can be affected is Because the giving of consent to health care on the creation of an effective mechanism for their behalf of an adult with impaired capacity will protection. now be able to be made within the family, and the establishment of the adult guardian for Under Chapter 8 the statutory position of adult those cases where an adult has no enduring guardian has been created with a primary power of attorney, statutory health attorney or responsibility to protect the rights and interests advance health directive, it will no longer be of adults who have impaired capacity. necessary for the legal friend to give consent to The adult guardian is an independent statutory medical treatment. officer who is required to report annually to this Because of the gap in the law which previously Parliament. existed relating to medical consent for adults The functions of the adult guardian under with impaired capacity, this requirement has, Clause 126 include unfortunately, often been viewed as protecting adults with impaired capacity bureaucratic interference with the family and its from neglect ,exploitation and abuse; removal will be welcomed by the community. investigating complaints and allegations Clause 170 amends the relevant sections of the against attorneys; Intellectually Disabled Citizens Act to give effect to this and to enable the adult guardian providing assistance to attorneys and to give consent on behalf of assisted citizens community education; where alternative arrangements are non-existent acting as an attorney where this may be or inappropriate. necessary. These amendments will also enable the adult It is intended that the adult guardian will guardian to be able to deal with special health maintain a close liaison with community matters where an approach to the court is not organisations and to ensure that people required by those interested. reporting suspected cases of exploitation are Clauses 171 to 176 are designed to facilitate not exposed, "whistleblower's protection" will the more effective discharge of the functions of be provided under Clause 132. the Intellectually Disabled Citizens Council 3690 Gladstone Power Station Agreement Amendment Bill 8 Oct 1997

without in any way impinging on the principles Minister Assisting the Premier) (11.47 a.m.), by governing those functions. leave, without notice: I move— Clause 181 repeals those sections of the "That leave be granted to bring in a Property law Act relating to powers of attorney Bill for an Act to amend the Gladstone and enduring powers of attorney. Power Station Agreement Act 1993." Nevertheless enduring powers of attorney made under that Act will continue in full force Motion agreed to. and effect. The repeal will mean however that the Public First Reading Trustee's supervisory role will cease and be transferred to the adult guardian. Bill and Explanatory Notes presented and Bill, on motion of Mr Slack, read a first time. For this reason, the Bill makes provision for the financial resources which would have been involved to be made available for the adult Second Reading guardian. Hon. D. J. SLACK (Burnett—Minister for There is also a considerable body of Economic Development and Trade and professional expertise available within the Minister Assisting the Premier) (11.48 a.m.): I public trust office and where appropriate those resources will be utilised at the discretion and move— direction of the adult guardian. "That the Bill be now read a second Nevertheless, the adult guardian has the ability time." where required, to obtain such professional I am pleased to introduce this legislation services from other sources. to the House. The House will be aware that the Lastly, Mr Speaker, I would like to highlight Government is well advanced in its perhaps one of the most important aspects of implementation of major reforms to the State's the Bill and that is the Statement of General electricity industry to position the industry to Principles and Health Care Principles which take advantage of its entry into the national appear in Schedule 1. electricity market. These reforms are aimed at These are the philosophical cornerstone which increasing the efficiency and competitive guide and regulate the conduct of an attorney position of the Queensland industry in the when making decisions for a person with national market context and, specifically, impaired capacity. delivering lower energy prices to Queensland They arise out of a number of United Nations consumers. declarations on the rights of people with a disability and without dealing individually with A key element of this reform process is each one at this time, I would like to draw the establishment of a wholesale market in members' attention to just a few. electricity prior to the commencement of the Clause 7 provides that an adult has a right to first round of contestability in January 1998 participate to the maximum extent possible in and Queensland's entry into the national decisions affecting his or her life and therefore electricity market from the end of March 1998. their views must be taken into account My colleague the Honourable the Minister for wherever possible. Mines and Energy has previously introduced The principle of substituted judgement must be legislation to the House to provide for the applied in making decisions, which means that establishment of the wholesale market. This the attorney should where possible make the legislation—the Electricity Amendment Act decision which the adult would have made if he (No. 2) 1997—was passed by the Parliament or she was able to do so for themselves. during the last sitting. Health care decisions are required by Clause 12 As a consequence of this legislation, and to be made in a way which adopts the least also to accommodate the commencement of restrictive option and only if the exercise of power is appropriate to promote and maintain the wholesale market, there is a need to the adult's health and well-being. amend the agreement between the State and the participants and operator of the Gladstone I commend the Bill to the House. Power Station. The Gladstone Power Station Debate, on motion of Mr Foley, Act does provide for amendments to the adjourned. agreement to be approved by the Minister by way of regulation. However, in order to meet the timetable for commencement of the GLADSTONE POWER STATION wholesale market, it is necessary to provide for AGREEMENT AMENDMENT BILL the requisite amendments to be undertaken Hon. D. J. SLACK (Burnett—Minister for by way of primary legislation. Consequently, Economic Development and Trade and this Bill seeks to amend the Gladstone Power 8 Oct 1997 Coal Mining Legislation Amendment Bill 3691

Station Act to provide for approval of an Superannuation Act 1989. The major amendment to the State agreement by way of objectives include— an Act. The existing process of approval by the transfer of the Queensland Mines way of a regulation has been retained. Rescue Brigade to the coal industry, with Consequent upon this amendment, the step-in powers residing with the Bill seeks to authorise myself as Minister Government if industry fails in its responsible for the administration of the Act to obligations to provide mines rescue make, on behalf of the State, a further services; agreement in the form that is scheduled to the the repeal of the Coal Industry (Control) Bill. I note that the relevant parties to the Act 1948 and the abolition of the agreement have agreed on the form of the Queensland Coal Board; amendment. I commend the Bill to the House. the repeal of the Coal and Oil Shale Mine Debate, on motion of Mr Beattie, Workers (Pension) Act 1941 and the adjourned. amendment of the Coal and Oil Shale Mine Workers' (Superannuation) Act COAL LEGISLATION AMENDMENT BILL 1941; and Hon. T. J. G. GILMORE (Tablelands— amendments to the provision relating to Minister for Mines and Energy) (11.51 a.m.), wardens inquiries. by leave, without notice: I move— A new Coal Mining Act will be introduced "That leave be granted to bring in a into Parliament early next year. However, the Bill for an Act to amend the Coal Mining above provisions need to be dealt with as an Act 1925 and the Coal and Oil Shale amendment to the Coal Mining Act 1925 to Mine Workers' Superannuation Act 1989 ensure industry is in a position to assume and repeal the Coal Industry (Control) Act control of and fund mines rescue from 1 1948 and the Coal and Oil Shale Mine January 1998. The Queensland Mines Rescue Workers (Pensions) Act 1941 and for Brigade was established under section 76 of related purposes." the Coal Mining Act 1925 and its role is to provide a 24-hour response capability of Motion agreed to. suitably trained, qualified and equipped rescue personnel in the event of an emergency at any coal mine in the State. The brigade, which has First Reading a budget of about $2m a year, is funded two Bill and Explanatory Notes presented and thirds by the State, with the Queensland coal Bill, on motion of Mr Gilmore, read a first time. operators funding the remaining one third. The provisions will transfer management of mines rescue functions from the State to the coal Second Reading industry and ensure each underground mine Hon. T. J. G. GILMORE (Tablelands— owner provides a mines rescue capability for Minister for Mines and Energy) (11.52 a.m.): I the mine. The Queensland Mining Council, on move— behalf of the Queensland coal operators, has "That the Bill be now read a second agreed to manage and fully fund mines rescue time." from 1 January 1998. The Coal Mining Legislation Amendment The legislation will provide for Bill 1997 will streamline administrative accreditation of an industry corporation to help procedures, remove the last vestiges of underground mine owners provide a mines Government control on pricing of coal and put rescue capability. Because of the paramount responsibility for the running of the importance of safety for underground coalmine Queensland Mines Rescue into the hands of workers, it also allows for the Minister to set the people most involved in its operations—the mines rescue performance criteria for coal operators. The provisions of this Bill accredited corporations. All assets used ensure the retention of the best aspects of exclusively or primarily by the Queensland previous controls, while removing controls and Mines Rescue Brigade will be transferred to administrative procedures that no longer are the new industry corporation, including land, needed. They repeal the Coal Industry the mines rescue stations buildings, furniture, (Control) Act 1948 and the Coal and Oil Shale fittings, equipment, vehicles and residences for Mine Workers (Pensions) Act 1941 and make mines rescue personnel. amendments to the Coal Mining Act 1925 and Quite apart from its emergency response the Coal and Oil Shale Mine Workers' role, the accredited mines rescue corporation 3692 Coal Mining Legislation Amendment Bill 8 Oct 1997 has a major part to play in safety training for months, only the New Hope Group has mineworkers. A safeguard in the legislation employees covered by the fund. It is intended provides that if the mines rescue corporation that New Hope will be refunded their fails to provide mines rescue services it has employees' entitlements as at 31 December agreed to, then the State can provide those 1997 and any surplus in the fund after that services on a temporary basis using the payment will be transferred to a trust fund to corporation's equipment and staff. It will also be established under the Financial allow for the corporation's members to be Administration and Audit Act 1977. In addition levied the State's costs in providing mines to any monies remaining in the severance rescue services. The Queensland coal industry fund, that trust fund will also receive monies does not have a problem with this previously held by the Queensland Coal Board requirement, which recognises the overall in its Coal Industry Fund. The trust fund is to responsibility of the State in relation to the be used for the benefit of the mining industry, health and safety of coal miners. both metalliferous and coal. Monies remaining The Bill also calls for the Coal Industry in the Welfare Fund are to be transferred to (Control) Act 1948 to be repealed. The Coal another trust fund to be administered by the Industry (Control) Act 1948 established the department. The trust fund is to be used for Queensland Coal Board as a statutory body the welfare of mine workers and their acting to foster the continuing development of dependants, and for the benefit of mining Queensland's coal sector. The board's major communities. functions are to provide information and advice The Coal and Oil Shale Mine Workers on the coal industry to the Minister and (Pensions) Act 1941, the Coal and Oil Shale manage domestic coal resources (both now Mine Workers (Pensions) Regulation 1988 and discontinued); promote Queensland coal; and the Coal and Oil Shale Mine Workers' administer the Coal Industry Employees' (Superannuation) Act 1989 were reviewed as Health Scheme Order, the Welfare Fund, and part of a systematic review of business the Coal Industry Employees' Severance Pay legislation and regulations in Queensland. Fund. They are largely covered by Commonwealth The Coal Industry Employees' Health superannuation legislation, making the Scheme provides an effective means of pensions Act and regulation and certain ensuring workers are fit for specific duties. The sections of the superannuation Act health scheme allows for portability of superfluous. The review was conducted by information when workers, including Corrs Chambers and Westgarth and involved contractors, change mines. It also provides an consultation with stakeholders including the avenue for the Department of Mines to United Mining Workers Division of the CFMEU, monitor the effectiveness of its existing the Queensland Mining Council and the legislation and health programs specially Queensland Coal and Oil Shale Mining related to noise and respirable dust. On repeal Industry Services Pty Ltd. It was agreed to— of the Act, it is intended to make the Health repeal the Coal and Oil Shale Mine Scheme Order a regulation under the Coal Workers (Pensions) Act 1941, protecting Mining Act 1925. Further, the Act will also be provisions relating to pensioner benefit amended to allow for the continuation of the entitlements and employer/employee collection of coal industry statistics. Both these contributions; statutory functions will be administered by the Department of Mines and Energy. repeal the Coal and Oil Shale Mine Other board functions, including the Workers (Pensions) Regulation 1988; and generic promotion of coals and the publication repeal those sections of the Coal and Oil of specialist and technical and coal Shale Mine Workers' (Superannuation) publications, will also be maintained by the Act 1989 which are covered by department. The six staff presently employed Commonwealth superannuation by the board will be transferred to the legislation. department to ensure the continued administration of functions essential to the The Coal Mining Act 1925 will also be State and industry. The board currently amended to require that the mining warden manages three funds: the Coal Industry Fund, must choose a reserve for each of the four Coal Industry Welfare Fund and the Coal panellists to assist at inquiries into serious Miners' Severance Pay Fund. The severance accidents. The appointment of a reserve will pay fund, which has serviced Queensland's stop an inquiry being aborted if for some small mines since 1982, is to be wound up. reason an original panellist is unable to With the closure of coal operations in recent continue. I commend the Bill to the House. 8 Oct 1997 Transport Legislation Amendment Bill 3693

Debate, on motion of Mr McGrady, incorporating national scheme legislation adjourned. for transportation of dangerous goods by road; TRANSPORT LEGISLATION AMENDMENT ensuring fair and equitable review and BILL appeal of decisions made pursuant to transport legislation; Hon. V. G. JOHNSON (Gregory—Minister for Transport and Main Roads) (12 p.m.), by introduce accreditation and improved leave, without notice: I move— standards for driver training; "That leave be granted to bring in a provide for local government to control Bill for an Act to amend Acts administered stock crossing its roads; by the Minister for Transport and Main improving services in rural transport by Roads." broadening the class of persons to be Motion agreed to. appointed as superintendents of traffic; clarify enforcement procedures and evidentiary provisions for drink and drug First Reading driving offences; Bill and Explanatory Notes presented and clarify provisions relating to land tenure Bill, on motion of Mr Johnson, read a first time. aspects of rail corridors; enable the chief executive of Queensland Second Reading Transport to appoint persons other than Hon. V. G. JOHNSON (Gregory—Minister employees of a railway manager as for Transport and Main Roads) (12.01 p.m.): I authorised persons; and move— extend the legislation governing "That the Bill be now read a second passenger transport operators' and time." drivers' responsibilities. The objective of this Bill is to provide for a Briefly, I will now provide some detail to range of amendments to the Acts each of these. The amendments will ban the administered by my Department of Transport. wheel clamping of vehicles and empower local Being large and diverse it is responsible for the governments to regulate off-street parking administration of approximately 29 statutes through agreements with landowners. The and, as a result, there is a necessity for a large amendments will enable private property number of amendments to be regularly made owners to effectively manage illegal parking to the various provisions of the Acts. This while at the same time preserving reasonable ensures that the statutes continue to be rights of motorists who do park illegally on relevant and are maintained in an up-to-date private property. The right to tow a vehicle on form consistent with changes in Government regulated land will only be by operators policy. licensed under the Tow Truck Act 1973 and then only in limited circumstances and if To ensure this management of Acts authorised by the police. occurs efficiently, this Bill has been prepared so that all amendments needed can be The Government through these effected by means of one Bill. It contains a amendments will ensure that a motor vehicle number of improvements to a range of claimed to be safe is, in fact, safe and will transport policy areas and will provide for the enforce this through seizure powers with delivery of other important Government respect to vehicles sold by a person on the commitments. side of the road and require a safety certificate to be always displayed on a vehicle for sale. The most significant amendments are made to the following statutes: Traffic Act The Transport Operations (Road Use 1949, Transport Operations (Road Use Management) Act 1995 continues to, pursuant Management) Act 1995, Transport Operations to the heads of Government agreement (Passenger Transport) Act 1994 and the signed by the States in 1992 and the Northern Transport Planning and Coordination Act Territory in 1991, incorporate nationally agreed 1994. They are— road use legislation into State law. Amendments will implement national scheme banning wheel clamping; legislation on the transportation of dangerous regulating safety issues in motor vehicles goods by road and will lead to better for sale; management of the movement of those 3694 Transport Legislation Amendment Bill 8 Oct 1997 goods and will lead to improvements to With respect to passenger transport, the motorists' safety and the community generally. amendments to this Act will ensure operator The Bill by amending the Transport accreditation and driver authorisation extend to Planning and Coordination Act 1994 also all operators and drivers of public passenger ensures that improved review and appeal services, excluding those specifically rights are available to those persons who are exempted, to ensure minimum requirements aggrieved by a decision made pursuant to of safety and customer service are met. legislation administered by the department. The amendments will ensure service contracts that are entered into comply with the The Bill also ensures Queenslanders who Trade Practices Act 1994 (Commonwealth) are learning to drive will be taught by properly and clarify existing operators' entitlements. The licensed driver instructors rather than licensed offence provisions for non-compliance with taxi learn-to-drive schools. This amendment and limousine service licence conditions are repeals the Motor Vehicle Driving Instruction broadened and provide for substitute taxis and School Act 1969 and is supported by the limousines. The amendments also enable motor vehicle driving instruction school financial assistance to be provided towards industry. public passenger services and public The amendments also ensure local passenger services infrastructure and vehicles. governments can effect appropriate traffic The Transport Operations (Passenger safety measures for stock crossing local roads Transport) Act 1994 is to be amended to as a condition of any permit that local ensure consumers can be assured of government may issue. A local government will minimum standards of safety and customer be able to make a local law about the driving services. This will be accomplished by all or leading of animals to cross a road. operators being accredited and having to fully These amendments will, through an comply with safety, service and vehicle amendment of the Traffic Act 1949, broaden requirements. The provisions dealing with the power of the chief executive of the driver authorisation will also be strengthened Department of Transport to appoint a person by amending provisions dealing with the need to the position of a superintendent of traffic. to attain and maintain driver authorisation. Appointments to that position will be made as Provisions concerning operators' part of agency agreements and in instances contractual rights are also amended clarifying where otherwise there would not be a the opportunity for an operator to bid for a new superintendent of traffic. This will enable service contract in their area. These improvements to service delivery, particularly in amendments will ensure that the director- rural areas of Queensland. For example, a general, as chief executive of the department, local authority would be able to supply this can enter into service contracts granting this service as agent of the department in areas opportunity. This will also ensure there is a where the department is not represented. continuity of services in a particular area when The amendments make important a contract may have concluded but a new clarifications to the law governing breath and contract has not yet been entered into. laboratory testing for drink and drug-driving The taxi industry and limousine industry offences. The amendments ensure that only a also benefits from the amendments to the breath analysing instrument approved by Transport Operations (Passenger Transport) regulation may be used to find out the Act 1994. The amendments will permit the use concentration of alcohol in a person's blood by of a substitute vehicle, if required, due to the analysing a specimen of the person's breath. unavailability of the vehicle stated in the The amendments also authorise the entry licence. It is proposed to insert regulation- into contracts concerning the operation of rail making powers to control the use of substitute corridors and amend legislation concerning taxis and limousines. land acquired by the State pursuant to the The Bill also amends the Transport Transport Infrastructure Act 1994 and to be Operations (Passenger Transport) Act 1994 to leased to a railway manager. The ensure the proper regulation of the passenger amendments will also empower the chief transport industry by strengthening the executive of Queensland Transport to appoint investigative powers of authorised persons. persons other than employees of a railway The Bill also benefits the industry by utilising manager as authorised persons, for example, the public transport infrastructure program of licensed security personnel, to travel on trains $9.2m towards public passenger services. The and perform ticket verification duties, thus departmental annual report will disclose details ensuring passenger safety. of these payments. 8 Oct 1997 Transport Legislation Amendment Bill 3695

These amendments benefit the industry transport law provisions relating to and the public. This Bill also inserts an roadworthiness. appropriate head of power in the Transport The current certificate of roadworthiness Operations (Road Use Management) Act 1995 has been the target of much criticism as dealing with the regulation of the use of and production of the certificate is only mandatory operation of vehicles in public places other for the transfer of registration and, therefore, is than roads. This will allow appropriate often not produced at the time of sale. regulations to be made for the resolution of issues concerning the use of unregistrable Mr ELDER: I rise on a point of order. The vehicles in public places. copy of the second-reading speech that I have does not have those particular proposals in it. I In summary, the Bill is directed at making ask the Minister: is there more to the speech? minor or technical amendments as well as certain major amendments to a range of Mr JOHNSON: These are the different statutes administered by the department. The sections. I can get copies for members. I goal is to ensure improved transport legislation recommend that I table the rest of the speech, for all Queenslanders. because it is fairly lengthy. The proposed amendments to the Motor Mr DEPUTY SPEAKER (Mr Laming): And Vehicles Safety Act 1980 aim to enhance the undertake to have that distributed to safety of vehicles using Queensland roads and members? improve effectiveness of compliance Mr JOHNSON: Yes. enforcement principles for vehicle safety. They Mr DEPUTY SPEAKER: Is that ensure legislation pertaining to vehicle safety is acceptable to the member for Capalaba? updated prior to its repeal date of 1 July 1998. The review of the Motor Vehicles Safety Act Mr ELDER: I have to accept the 1980 commenced in 1996 and initially focused assurance, but normally the second-reading on a detailed discussion paper which was speech is tabled in the House at the time of widely circulated to industry and government the reading of the Bill. stakeholders in September 1996. The main Mr DEPUTY SPEAKER: There seem to reforms proposed willÐ be some pages missing from the end. change the name of the current certificate Mr JOHNSON: There should not be. of roadworthiness to "safety certificate" to Mr ELDER: I agree with the Minister: more appropriately reflect the nature of its there should not be. This is legislation coming function; into the House. However, I have to accept the require a safety certificate to be displayed assurance, but I think that it is a little shoddy. on any vehicle offered for sale; Mr DEPUTY SPEAKER: The Minister will introduce a tolerance period within which have it distributed. licensed dealers must obtain a safety Mr JOHNSON: I will do that immediately, certificate; Mr Deputy Speaker. I also seek leave to have set a maximum period within which safety the rest of the reading incorporated in certificates will have to be obtained while Hansard. still offering a vehicle for sale; Leave granted. introduce penalty infringement notices This also means that the certificate may be (PINs) for failure to display and/or failure issued without an inspection of the vehicle to possess a safety certificate for any being carried out. registered vehicle offered for sale. Another frequent criticism of Certificates of Roadworthiness is that they often do not reflect Finally, the amendments will also introduce the overall condition of the vehicle. Given there specific provisions to deal with problems is only a requirement to produce a Certificate of associated with roadside vehicle sales. Roadworthiness at the time of vehicle transfer, Concerned about ongoing complaints an Approved Inspection Station mechanic who relating to roadworthiness certificates and the wishes to illegally issue an incorrect certificate can do so in the knowledge that they may be difficulties associated with dealing with only taking a risk for a very short period of time, unscrupulous inspection stations and car if at all. sellers, the Department of Transport undertook There have even been instances where a comprehensive review of the scheme for Certificates of Roadworthiness are not roadworthiness certificates and the problems provided to buyers until more than a month associated with it. The review was also useful after the date of purchase, with the certificate in preparing for the adoption of national road being backdated to the date of purchase. This 3696 Transport Legislation Amendment Bill 8 Oct 1997

means that the 30 day validity period has since limits prescribed in regulation, after which a new expired affording no protection at all to Safety Certificate would have to be obtained. consumers. This would be set at 2,000 kilometres for The proposed reforms address these problems vehicles being sold privately and 500 kilometres in a number of ways, and more significantly, for vehicles sold through licensed motor ensure that vehicles are safe when offered for dealers. sale. The reason for differing time and distance limits Firstly, it is intended to change the name of the is that, licensed motor dealers are less likely to current Certificate of Roadworthiness to a accumulate kilometres than private citizens and Safety Certificate, to more appropriately reflect therefore prefer greater flexibility in the time its intent i.e a statement that the vehicle reflects period before a new Safety Certificate is minimum safety standards, as opposed to a required. Conversely, for private citizens, it is statement that verifies every mechanical detail felt that the kilometre limit affords reasonable of the vehicle. flexibility while ensuring road safety standards are maintained. This is especially so in the case Secondly, to improve the credibility of the of collectors' of vintage vehicles which may be Safety Certificate, it is proposed to introduce a more difficult to sell. requirement that all vehicles offered for sale must have a Safety Certificate prominently For the requirement to display a Safety displayed on the vehicle. In cases of vehicle Certificate to have effect, it is proposed that sales by private individuals, this must be offences be introduced for both the failure to accompanied by a statement detailing the display and/or the failure to possess a Safety seller's name, address and phone number. Certificate. The proposed penalty for each of The rationale behind this proposal is that with these offences is five penalty units which the name of the accredited person issuing the currently represents a fine of $300. Safety Certificate on display from the time the In recent years, there has been an emerging vehicle is offered for sale, and able to be trend for vehicles to be offered for sale at identified by any prospective purchaser, there prominent roadside locations. While some local is substantial pressure on that person to ensure governments have attempted to remove this they have inspected the vehicle correctly. practice by introducing local laws prohibiting It is acknowledged that there may be times this method of sale for visual pollution reasons, such as weekends and extended public holiday in most of the state, vehicles are still able to be periods, when a vehicle is traded in by a sold this way. licensed motor dealer and that dealer is unable to obtain a Safety Certificate immediately. This The proposed reforms do not intend to remove may be where a vehicle is traded in on a Friday an individual's right to sell their vehicle in afternoon and a Safety Certificate is unable to prominent locations. However, as this method be obtained until the following Monday. Similar of selling vehicles has been identified as a circumstances may also arise during the Easter frequent source of disposal of stolen and and Christmas holiday periods. improperly repaired vehicles, special provisions are proposed to eliminate this avenue of It is therefore proposed that for licensed motor disposal by spurious operators. dealers, a tolerance during such periods be introduced, allowing time in which a Safety These provisions will apply where a vehicle is Certificate can be obtained. During this time, being sold in a location other than a licensed the vehicle may be shown to prospective motor dealer's premises or from a private customers, however, a Safety Certificate must residence. The provisions provide that a be obtained before the vehicle is sold. vehicle which is either not displaying a Safety Certificate or is displaying a Safety Certificate When introduced, licensed motor dealers will inconsistent with the condition of the vehicle, have to obtain a Safety Certificate for every may be able to be removed if officers are vehicle on their lot. For a car dealership with 50 unable to locate and identify the owner of the vehicles, this would represent an outlay of more vehicle after making reasonable attempts to do than $2,000. so. To reduce the impact of this expenditure and to ensure that sellers are not subjected to further Reasonable attempts are specifically defined as costs, it is proposed that for licensed motor attending to the address identified on the dealers, Safety Certificates must have been vehicle if it is not more than 10 kilometres from issued in the previous 90 days prior to sale. the vehicle; or by making a telephone call to a This time period is also consistent with the number displayed on the vehicle. maximum time vehicles are held by motor The vehicle would then be returned to the dealers before being wholesaled. For private owner or their agent upon issue of the relevant citizens, Safety Certificates must have been Penalty Infringement Notice(s) and recovery of issued in the previous 60 days prior to any offer any towing and/or storage fees. This provision to sell. is essential to ensure a strong deterrent value To maintain some integrity, the above time to those people who engage in unlicensed periods would be tied to maximum kilometre dealing in motor vehicles in particular. 8 Oct 1997 Universities Bills 3697

Existing provisions within the Motor Vehicles vehicles cleared by local garages in the Safety Act 1980 require certain categories of Approved Inspection Station scheme rather vehicles such as heavy and public passenger than having to be cleared by Queensland vehicles to be inspected at regular intervals and Transport in locations some distance away. that a Certificate of Inspection be obtained at Other benefits include some potential for this time. These provisions will be maintained. increased employment in rural locations in key A major component of the enforcement work motor mechanical trades as a result of the carried out in the interests of maintaining safe increased defect clearance work allocated to vehicles on Queensland roads is the issuing of the private sector. defect notices. Currently most of the clearance of these defect notices is conducted by There is also potential for savings in road safety Queensland Transport facilities. costs due to a higher number of vehicle intercepts resulting in a lesser number of To allow Queensland Transport resources to be dangerous vehicles on Queensland roads. This used more efficiently, it is proposed that will reduce the likelihood of accidents due to notices for defects not deemed suitable to be poorly maintained vehicles. attended to by the owner of the vehicle, would be cleared by Approved Inspection Stations in Prior to the introduction of the changes, a the private sector by means of a full Safety significant public education program is Certificate. proposed to ensure the motoring public are aware of these new measures and requirements. Another accountability improvement proposed This would also be supported by an amnesty in the area of Approved Inspection Stations, is period in which people offering vehicles for that such officers would be required to renew sale privately without a Safety Certificate could their accreditation every three years by be issued with a warning notice advising them completing a competency test to ensure their of the forthcoming changes. skill base is maintained. The new arrangements are expected to be in Another feature of the proposed reforms is the place within the next 12 months given the introduction of mobile Approved Inspection significant lead-time between passage of Stations. This measure would bring increased necessary legislation and establishment of flexibility to provide services to obtain Safety necessary mechanisms to implement reforms. Certificates more able to meet client needs. This is particularly applicable in rural areas. Debate, on motion of Mr Elder, To maintain accountability, such mobile adjourned. services would only be allowed to operate as arms of existing fixed premises. Arrangements would be structured in such a way that if any CENTRAL QUEENSLAND UNIVERSITY BILL suspension was incurred by any part of a fixed GRIFFITH UNIVERSITY BILL premises' operation, that penalty would be QUEENSLAND UNIVERSITY OF incurred by the entire operation. It is believed TECHNOLOGY BILL this provision will ensure greater standards of UNIVERSITY OF QUEENSLAND BILL service and make the proposition of mobile UNIVERSITY OF SOUTHERN QUEENSLAND services unappealing to anyone but the genuine operator. BILL A final benefit worth noting from the proposed Cognate Debate changes is the increased work that will flow to Mr FITZGERALD (Lockyer—Leader of the private sector. With Police and Transport Government Business) (12.14 p.m.), by leave, on-road enforcement expected to issue up to without notice: I move— 20,000 defect notices to be cleared by the private sector as a full Safety Certificate "That so much of the Standing and inspection at a cost of $43, benefits in excess Sessional Orders be suspended to enable of $1M could be expected by private sector the Central Queensland University Bill, the Approved Inspection Stations. Such defect Griffith University Bill, the Queensland notices are currently cleared by Queensland University of Technology Bill, the Transport. University of Queensland Bill and the The proposed changes will provide some boost University of Southern Queensland Bill to to the economies of rural communities through be introduced and passed as cognate the increased defect clearance work which will Bills for all of their stages— flow to the private sector. This creates an environment which encourages motor repair (a) one question being put 'That leave businesses in rural locations to become part of be granted to bring in the Bills'; the Approved Inspection Station scheme. (b) one question being put in regard to The social impact on rural communities is the first reading; perhaps best measured by the secondary boost to communities that will flow from the above (c) one question being put in regard to changes such as, the convenience of having the printing of the Bills; 3698 Universities Bills 8 Oct 1997

(d) one question being put in regard to provide for the financial affairs of the the second reading; universities to be managed under the (e) the consideration of the Bills together Statutory Bodies Financial Arrangements Act in Committee of the Whole House; 1982, rather than under the Acts authorising the establishment and operations of the (f) one question being put for the universities. Committee's report stage; and I now wish to deal with those changes (g) one question being put for the third which are designed to bring the form and style reading and titles." of the legislation into line with the legislative Motion agreed to. and drafting standards adopted for State Hon. R. J. QUINN (Merrimac—Minister for legislation with the passage of the Legislative Education) (12.15 p.m.), by leave, without Standards Act 1992 and the Statutory notice: I move— Instruments Act 1992. The most significant of these changes are those relating to the "That leave be granted to bring in number of matters on which universities may Bills for Acts about the Central make statutes and the approval process for Queensland University, the Griffith such statutes. University, the Queensland University of Technology, the University of Queensland Historically, universities in Queensland and the University of Southern have been authorised to make statutes for the Queensland." good governance of the institutions and have done so on a wide range of matters. This Motion agreed to. practice has given rise to as many as 30 statutes for some institutions. Currently, each First Reading (Cognate Debate) statute requires drafting by the Office of the Parliamentary Counsel and is subject to Bills and Explanatory Notes presented approval by the Governor in Council. The need and Bills, on motion of Mr Quinn, read a first for ongoing review of and frequent time. amendment to such instruments has been a significant administrative burden on institutions Second Reading (Cognate Debate) and on the Government. Hon. R. J. QUINN (Merrimac—Minister for The Bills now provide for the governing Education) (12.16 p.m.): I move— bodies of the universities to make statutes only about matters of a legislative character, "That the Bills be now read a second reducing the number of statutes to time." approximately 10. The Bills also declare such I present to the House a series of five Bills statutes to be "exempt instruments" under the to provide for the improved management and Legislative Standards Act 1992 and administration of public universities in "subordinate legislation" under the Statutory Queensland. These Bills follow the James Instruments Act 1992. This means that Cook University Bill 1997, which passed statutes made by the council or the senate will through the House in July. Consistent with the no longer be drafted by the Office of the purpose of that Bill, these five Bills aim to bring Parliamentary Counsel or approved by the the legislation establishing and providing for Governor in Council, but will still be published the operations of Queensland's public in the Government Gazette, tabled in the universities into line with the provisions of the House and subject to disallowance by the Legislative Standards Act 1992. Parliament. The effect of this change is to The Bills make no significant changes in ensure that universities have considerably the powers and functions of the universities enhanced control over the management of and are based substantially on the provisions their own affairs, while at the same time of the antecedent legislation: the Central providing for the scrutiny by the Parliament of Queensland University Act 1989, the Griffith those statutes which universities are University Act 1971, the Queensland University authorised to make. of Technology Act 1989, the University of The Bills also provide for some changes in Queensland Act 1965 and University of the way in which the financial affairs of the Southern Queensland Act 1989. The Bills universities are regulated. To date, the powers reduce the administrative burden on the of the universities to borrow funds and to universities and on the Government, by invest have been enshrined in the Acts simplifying the requirements on the universities authorising the universities and in statutes on to make subordinate legislation. They also investments made pursuant to those Acts. 8 Oct 1997 Universities Bills 3699

In passing the Statutory Bodies Financial the Bills no longer provide for the financial Arrangements Amendment Bill 1996, the operating and reporting requirements of the Parliament adopted arrangements for the universities to be in the authorising legislation. financial affairs of statutory bodies which were The universities are, however, declared to be designed to clarify the financial powers of such statutory bodies for the purposes of the bodies by standardising and updating the Financial Administration and Audit Act 1977, in range and description of the powers, which provisions concerning the financial centralising the functions in one Act and operating and reporting requirements of simplifying the approval processes for the statutory bodies, including public universities, exercise of such powers. are centralised. Under this regime, the five Bills before the The last set of changes relates to the House no longer provide for borrowing and inclusion in the Bills of a number of new investment by the universities, but declare provisions relating to the powers of the them to be statutory bodies for the purposes universities to control traffic and parking, and of the Statutory Bodies Financial the conduct of persons on a university site. Arrangements Act 1982. I will now set out the Currently, such powers are provided for by effects of this change for university university statutes. However, because these management. significant powers may impinge on the rights of The Statutory Bodies Financial individuals, it is now deemed more appropriate Arrangements Amendment Act 1996 has to provide for them in the Acts authorising the removed the express borrowing powers universities, and this is done in the Schedules provided in the authorising Acts of universities. to the Bills. The borrowing powers for universities will now For much of the 1970s, the public higher derive solely from the Statutory Bodies education system in Queensland contained Financial Arrangements Act 1982. Under this three universities and 10 colleges of advanced Act, universities are still required to seek the education, as well as the McAuley College of approval of the Treasurer for borrowings, as Teacher Education. Since the Dawkins reforms was previously the case. However, they are no of the late 1980s, the system has compressed longer required to seek the sanction of the to six universities, each operating from a Treasurer to initiate negotiations for number of campuses, as well as the Australian borrowings, or Governor in Council approval for Catholic University (McAuley Campus) and the such borrowings, as was previously the case. Sunshine Coast University College. With respect to the investment powers of The five Queensland universities affected the universities, institutions have been by this legislation have between them more allocated category 3 investment powers by than 100,000 students, and together expend regulation made under the Statutory Bodies nearly three-quarters of a billion dollars in Financial Arrangements Act 1982. This Commonwealth funds each year. They earn category covers the majority of investment around $100m in export earnings each year forms currently available to these institutions for the State by providing higher education to under existing authorising legislation. The overseas students, and contribute a major range of investments available to universities share of the total research and development under category 3 is enhanced further by the effort of Queensland. power in Part 7 of the amended Statutory Bodies Financial Arrangements Act 1982, Universities are large corporations, which authorises universities to appoint funds managing significant budgets of both public managers, with comprehensive powers of and private monies, and with a responsibility to investment. establish teaching and research operations which meet the needs of the community now, An institution can also seek the approval and to manage their affairs to ensure the of the Treasurer to enter into other financial quality and continuity of their activities for arrangements. In a similar vein, university centuries to come. Like all other publicly authorising Acts have traditionally contained a funded bodies, universities are under constant number of provisions with respect to the pressure to develop more cost-effective and financial operations and reporting efficient management practices in a climate of requirements of the institution, even though increasing competition and restricted these aspects have been regulated under the resources. The legislative changes proposed in Financial Administration and Audit Act 1977. these Bills will assist these five public Because of the potential, under this universities to administer their affairs more arrangement, for conflicting provisions to arise efficiently, and to respond more expeditiously over time in the separate sets of legislation, to changes in their operating environment. 3700 Succession Amendment Bill 8 Oct 1997

I commend the Bills to the House. However, nothing occurred under the former Debate, on motion of Mr McGrady, Labor Government following that period. adjourned. I was not going to raise this issue, but several members of the Labor Opposition appeared to be critical of this Government. I SUCCESSION AMENDMENT BILL would hope that is not the case, because in Second Reading doing so they would be criticising their own performance in Government. We have been in Resumed from 7 October (see p. 3637). office for a short period and we are getting on Hon. D. E. BEANLAND (Indooroopilly— with it. Following the 1993 recommendations Attorney-General and Minister for Justice) of the Queensland Law Reform Commission, (12.24 p.m.), in reply: In relation to the members opposite had several years in which amendments to the succession laws that we to do something, yet they did nothing about it. were discussing prior to the adjournment of They sat there paralysed. We have been this debate, firstly, I thank the Opposition for its prepared to spend many hours considering the general support, although I understand that it submissions. We have engaged in a great wishes to raise some further issues. We will get deal of public consultation and we are now to those in due course. The amendments put bringing these amendments into the Chamber. forward by the Government are fair and I felt that the attacks by members opposite equitable. When dealing with intestacy and were really attacks on themselves; they took succession laws, we can always have no action during their years in Government. arguments about various aspects. At this stage, I should also mention that Nevertheless, a great deal of work and effort the Queensland Law Reform Commission— has gone into this legislation, and I believe it is and I thought that this issue might have been fair and equitable. raised—is currently working on a uniform set of Many hours of work have gone into succession laws. It has been doing that for achieving the current process. Consideration some time. I have asked for that process to be must be given not only to the spouse but also sped up, because I was originally concerned to the children. Importantly, having listened to that by bringing this legislation forward we the debate in the Chamber, we need to keep could be criticised for not waiting until the in mind that circumstances differ and there is uniform legislation was put in place. I believe, no standard procedure. At the end of the day, as some other members have indicated, that it some may hold the view that this Bill goes too is with a sense of urgency that we should fix far in the other direction. Again, I repeat that up some of the more glaring examples of the principal changes by the Government are matters that are not appropriate in this day far more generous to the spouse than the and age. The amendments that we are current provisions and are designed to be fair bringing forward will address that. and equitable. Nevertheless, I am looking forward—and there is still a great deal of work to be done—to During the consultation period, we some uniform legislation in this area. That is received an enormous amount of support for not being done by us but by the Queensland these changes. People were appreciative that Law Reform Commission, on behalf of the the amendments did not go as far as those nation, working in conjunction with the other recommended by the Queensland Law States. As I understand it, there is still a great Reform Commission. Many people felt that deal of work to be done, but we look forward to that would be going too far in one step. I the completion of that task so that the results discussed the matter with a large number of of that work can be brought into the Chamber. legal practitioners, people involved in the trust business and also other people in the In dealing with this issue, it is very community who raised these issues with me. I important that we not get too far in front of the have spoken not only with people in south- situation in the other States. Some of the east Queensland but also people in north and proposals put forward by members opposite far-north Queensland, where I have been in concerning giving the matrimonial home to the recent times. People in that area raised this spouse are well in excess of the situation in issue with me on a number of occasions. It the other States. Acceptance of those should be kept in mind that we are acting on proposals would put the State in a very difficult references of the Queensland Law Reform situation if we came to the point of uniform Commission. Its original paper was issued in legislation. the form of a report in July 1992, and The member for Kurwongbah quoted at recommendations followed in June 1993. length from some documents including, no 8 Oct 1997 Succession Amendment Bill 3701 doubt, the June 1992 working paper of the Mr BEANLAND: I was just getting to that. Queensland Law Reform Commission. The The member is right. The member for Lytton member was referring to the position of the said that he never drew up a will that was Trustee Companies Association and the Public consistent. That is only understandable. After Trustee in relation to the matrimonial home. all, if one is going to draft a will why would one The Government consulted with those people, draft a will in line with the intestacy rules? It and with other groups as well, and the Public does not make much sense. The member for Trustee and the Trustee Companies Lytton said that in his practice he found that Association supported the draft Bill. The matter estates were left to the wife and children. That of the matrimonial home was not even is understandable. That is what these mentioned when the draft Bill was sent proposals are directed at. around. The member for Caboolture indulged in The member for Kurwongbah said that some self-criticism. He spoke at length about something should have happened in the 17 the anti-discrimination legislation. I have years since the last set of amendments. That already made the point that the definition of may be so, but the member is criticising her married and de facto couples in the anti- own party's Government for failing to get on discrimination legislation specifically excludes with that task. This Government is getting on same-sex couples—gay and lesbian couples. I with it. The member for Kurwongbah seems to do not wish to labour the point as some agree with most aspects of the legislation, the members opposite did. On many occasions most contentious issue being the matrimonial the former Government introduced a range of home. legislation, but on no occasion did that The Government does not have to agree legislation include gays and lesbians, even with all the recommendations of the though there was a sizeable amount of Queensland Law Reform Commission. There legislation that could have included gay and is no reason to say that the Queensland Law lesbian couples. The point was raised and I Reform Commission is right and everyone else think it needs to be answered for the record. is wrong. The Queensland Law Reform Commission undertook consultations. I have There was another aspect of the anti- some figures on those consultations which I discrimination laws concerning the overriding of wish to give to the House. The commission the actual laws themselves. The Anti- sent out 660 copies of its first working paper Discrimination Act does not cover this intestacy and had 14 responses. Only two of those area at all. I have already mentioned the respondents—the Public Trustee and the definition of married couples as contained Trustee Companies Association—were within the Anti-Discrimination Act. prepared to accept what the Queensland Law The member for Caboolture mentioned Reform Commission suggested in relation to the international covenant on civil and political the matrimonial home. rights. My understanding is that that has never The Government sent out 100 copies of been brought into domestic law and there is, the draft Bill and received 16 submissions in therefore, no law that we are violating in reply. The only submission that supported the relation to homosexuals. I am not sure what position of the Queensland Law Reform point the member was making. Commission was that of the Queensland Law Reform Commission itself. The Commission It must be remembered that the average felt strongly that it should retain its position in age at death among Australian males in 1991 relation to that issue. I am sure that is an was just over 72 years and for women it was acceptable approach. just over 78 years. The intestacy rules operate primarily in relation to this older age group. The The member for Lytton spoke about surviving spouse will probably be a retired women in society. I can only say what I said person; probably a woman in the 72 to 78 earlier: his party's Government had years age bracket. The proposal suggested by opportunities and obviously did not think it was those opposite would go a good deal further necessary to make the amendments. The than what is contained in the legislation in the member was critical of the former Government other States. Our proposals are in line with in relation to delays. The member for Lytton some of the other States and Territories, said that in his practice he found that people particularly New South Wales and the wanted wills drawn up at variance to the Australian Capital Territory. To go further would intestacy rules. put Queensland in a situation where we would Mr FitzGerald: He said he never drew up be well in front of the other States. That might one which was consistent with them. cause problems in the future. 3702 Succession Amendment Bill 8 Oct 1997

Many people believe that to give the bulletin prepared by the Parliamentary Library. spouse the matrimonial home on top of a The piece from that report states— legacy is making a change that goes too far. "Participating in a homosexual sexual However, the spouse is protected and has the relationship is no longer a criminal activity. first option to purchase the matrimonial home. Discrimination in work, education and The matrimonial home is often vested in accommodation on the ground of 'lawful spouses as joint tenants. In that way the title sexual activity', which would now include passes automatically to the surviving spouse sexual activity within a homosexual on the death of the other. In this case the relationship, is prohibited in Queensland. spouse will get the legacy in addition to the home. In the vast number of intestate cases Australia has declared 'sexual the deceased person has been in a joint preference' as a ground of discrimination tenancy situation. for the purposes of the Discrimination (Employment and Occupation) I conclude by saying that it should never Convention. be forgotten that people are encouraged to make a will. This legislation only covers people Equitable principles applied in the who do not have a will and who have passed area of constructive trusts, which have on intestate. We encourage all people to long been invoked in the settlement of make a will, whether it is with a trustee property disputes between married and company or the local solicitor. We ask people heterosexual de facto couples, have been to ensure that they have a legal will. People applied in the case of homosexual like to do things in their own way, but when couples. they pass on we find that there are problems. The needs of a surviving partner of a People need some type of legal advice in homosexual couple are the same as relation to making a will. We do not want those of a married or de facto spouse. people to rely on the intestacy rules. There are The arguments in support of granting one or two other matters, but perhaps we partners in de facto heterosexual couples should wait and see how the debate unfolds rights upon intestacy apply with equal on the clauses. I will cover them at that time. I commend these amendments to the House as force to the granting of such rights to I believe that they are a giant stride for the partners in homosexual couples." State and for those who pass away intestate. I In relation to that, I would really like the commend them to the House. Minister to give us some reason why the Motion agreed to. Government has chosen in this instance not to follow the advice of the Queensland Law Reform Commission. I understand that the Committee Minister believes that members on this side Hon. D. E. Beanland (Indooroopilly— who have made some criticism have been Attorney-General and Minister for Justice) in critical of the former Government of which they charge of the Bill. were members. I freely admit to doing so and I said so in the course of my contribution Clauses 1 to 3, as read, agreed to. yesterday. I am critical of the members of this Clause 4— Parliament for not treating this matter in an Mr J. H. SULLIVAN (12.41 p.m.): I will try adult manner. to be brief. I had not intended to make further The clause inserts the definition of de contributions to the debate on this Bill beyond facto spouse which the Government has taken that in the second-reading debate. But from some other place and turned into its listening to the Attorney's response, I felt the definition of de facto spouse. I want to say this need to do so briefly simply because his to the Minister because he also did not response, whilst it may have gone some of the address this matter: I indicated yesterday in way, did not explain to this Parliament the my speech to the second-reading debate that question that I asked him to explain and that is these days judges in courts have determined why—w-h-y—the Government chose to take that, when looking at legislation that reduces this course of action to exclude the intestacy the rights of individuals, they want express rules from applying to same-sex couples. words in the legislation to show that the I want to read into the parliamentary Parliament intends those rights to be reduced. record an extract from the Queensland Law I may be being incredibly thick about this, Reform Commission's report No. 42 from June but in this Bill the definition of "de facto 1993 on intestacy rules. I should say also that spouse" is somebody who is married to the it is quoted in a very excellent legislation person. That is what the definition says. How a 8 Oct 1997 Succession Amendment Bill 3703 de facto spouse can be somebody who is also draw the attention of the Committee to the married to that person is beyond provisions of Part 4 of the Succession Act comprehension. The definition of "connubial" concerning family provision and, in particular, in the dictionary is married. So, if a person is to the provisions of section 41 of that Act. The going to be somebody's de facto spouse, the Explanatory Notes state— first thing they have to do is marry them. I do "It is important to note that if not particularly know how a judge is going to adequate provision for maintenance and determine that this applies only to support is not made for a dependant heterosexual couples and not homosexual parent, child, spouse (including de facto couples, but for goodness' sake, the word is spouse of 5 years), a family provision the wrong word. The Minister's purpose is application can be made under Part 4 of clear; I just want him to tell this Parliament and the Succession Act. The court has a the people of this State why it is that he discretion to order that such provision be proposes to follow that line of action. made. A family provision claim will Mr BEANLAND: As I understand it, judges supersede any intestacy rights or legacy." want express words in legislation. "Connubial" That is an important safety provision. is defined in the Macquarie Dictionary as being in a married or like state. Quite frankly, I am The second argument is that we should not sure what the member is talking about. I not get too far out of step with the other think that he needs to consider exactly what States. Whereas I accept that uniformity is a he is trying to aim at. It seems to me that the good thing, it is sometimes necessary to lead. term is quite clear and quite straightforward. I I well remember the late and great jurist Lionel understand that this is a legal term that is used Murphy describing the doctrine of—— in a number of instances. I am not sure if the Mr FitzGerald: That is a matter of honourable member is trying to rewrite the opinion. He certainly is late. I will agree with legal dictionary or what, but quite clearly the you there. intent is straightforward and I think it is Mr Lucas: He was right about section 92. expressed in quite clear words. Mr FOLEY: As the member for Lytton Clause 4, as read, agreed to. says, he was right about section 92. He Clause 5, as read, agreed to. rescued the jurisprudence of section 92 from Clause 6— the dreadful mess into which it had descended under Garfield Barwick. Mr FOLEY (12.47 p.m.): I move the following amendments— Lionel Murphy once made the observation that the doctrine of precedent was "At page 5, lines 5 and 6— particularly suited to a continent populated omit." largely by sheep. That irreverent observation For the sake of simplicity, I table a copy of all demonstrated that the law has to seek justice of the amendments which have been and not just consistency with other circulated in my name. It would be convenient jurisdictions. It is important that, as law makers, if I deal with this issue holistically. The raft of we should seek to do the right thing. The right amendments that have been circulated on thing in this case does involve, in my behalf of the Opposition are designed to make submission to the Committee, a bold change more generous provision for the spouse of the in the law along the lines contemplated by the deceased along the lines contemplated by the Queensland Law Reform Commission. Law Reform Commission. I listened to what As I indicated during the debate on the the Attorney-General had to say and it is true second reading of the Bill, it is not simple, from that this is a matter of fact and degree on a drafting point of view, to make the change, which reasonable minds may differ. because there has been a change in the scheme of the legislation brought in by the However, the experience in this area is Government. Frankly, I commend it for that that there have been problems when particular change in that it has not followed the simple widows have found themselves without the winner-take-all approach that the Law Reform benefit of the matrimonial home following the Commission has adopted and, quite rightly, application of the intestacy rules. The raft of has sought to make provision for amendments that are moved are essentially circumstances in which there is both a married designed to fix that problem. spouse and a de facto spouse. Accordingly, Let me deal with two objections that could the drafting of the amendments which I have be made, firstly, the objection that this could circulated is necessarily complex. I thank the result in prejudice to the issue. In this respect, I officers of the Office of Parliamentary Counsel 3704 Succession Amendment Bill 8 Oct 1997 for their courteous and professional most eventualities. Above that, the tendency is assistance. that the person would have the wherewithal to In short, the policy question on this issue be able to cope. So in foreshadowing the is whether or not to take the step of ensuring amendments that I will be bringing to the that the deceased's spouse gets the Chamber subsequently, I will not be supporting matrimonial home. The issue here is whether the amendments moved by the Honourable or not to take that step or to seek to do it by Matt Foley. However, I do support the principle another device, such as the amendment which that he is espousing. has been circulated by the member for Mr BEANLAND: I thank both the Gladstone, changing, for example, the honourable member for Yeronga and the property provision from $100,000 to $150,000. honourable member for Gladstone for those That, it may be said, would be a helpful step in comments. The Government is not prepared the right direction, but in the view of the to accept the amendments from the Opposition that is a second-best option. The honourable member for Yeronga. I have amendments put forward by the Opposition indicated, though, that it would be in line to would address the position of the spouse of accept—and we will accept, and foreshadow the deceased and would do so in a manner that acceptance—the amendments from the consistent with the principles set out by the honourable member for Gladstone when we Law Reform Commission. get to those particular clauses. Mrs CUNNINGHAM: As alluded to by the I do believe that the Opposition is taking member for Yeronga, I have circulated another the situation too far. These amounts are proposed amendment to this Bill. We received certainly well in excess of those specified in the amendments from the member for legislation anywhere else in this country. As Yeronga late yesterday afternoon. They are the member has indicated, the amendments complex. Only this morning was I able to are fairly complex because of the way in which contact the OPC, the drafter of the Bill, to the Bill is drafted. We have tried to take into discuss any options to achieve a similar result account other situations. Legally there is a without inviting the complexities and quite a great deal of confusion in at least a couple of quantum leap as far as the surviving spouse's sections. I believe that we would have real inheritance is concerned. I refer in particular to troubles with the way that they are currently the change in the definition from "household drafted. I believe that they go too far, because chattels" to "personal property". we are looking not only at the matrimonial I believe that it is important to ensure that home but also at the estate. Something like the surviving spouse does have access to his $250,000 would go to the spouse, and the or her home. In discussions that I have had children would be left with nothing. with people on both sides, the general consensus appears to be that people who die I understand from the Public Trust Office intestate tend to be, but not always, from a that the average value of the estates that it lower socioeconomic level and their administers is currently $92,000, and it has by dependants have little opportunity or little far the largest intestacy practice in Queensland. That is another reason why we availability to set themselves up again. What were looking at the $100,000 figure: to get the Bill as it stands does mean, though, is that slightly above the average figure. We need to in some instances—and I believe in more have a good balance, and I accept that it is instances than perhaps are envisaged—there open to argument. In fact, I thank the member would be a set of circumstances in which a for Yeronga for supporting me in that person is left on his or her own and the value argument. These figures are open to of those goods and chattels, including the argument. home, would go over that $100,000 threshold. That person, who is often an aged person, The QLRC proposal and the member's would be placed in a position where they had proposal are really looking at a quarter of a to finance the buyback of their home from their million dollars—$250,000—before children get children. That is an untenable position to put anything. Although the member has covered people in. If, as is expected, the person is this issue elsewhere in his proposed aged, they cannot get finance, and they amendments, we must deal with these should not have to. Generally, the advice I amendments as a whole because they have received was that a simple way of fixing the been put forward in that way, and if we take problem would be to raise the amount that one then we have to take the lot. When a was allowable from $100,000 to $150,000. house is in two spouses' names as a joint Again, the advice I have received external to tenancy, the other spouse will automatically this Chamber is that $150,000 would cover get the house. However, this amendment is a 8 Oct 1997 Succession Amendment Bill 3705 little misleading in the way it is worded. There legislation. Only time will tell whether it is 12 are terms within the amendment. Perhaps it is months, two years or three years. not going to matter, but if it were to come into The competing interests of the spouse law it would. The proposed amendment and the children must be met with fairness and states— balance. The Bill reflects a good degree of "... the residuary estate includes 1 or balance. It is fair to say that if people want to more matrimonial homes held in fee make sure that they are happy with the way in simple". which their estates are distributed, it is up to I am not sure what that means. It also states— them to ensure that they make a will in the first instance. The amendment moved by the "If ... at the intestate's death, the Opposition is fraught with danger. There are intestate and a person entitled to the some legal problems in relation to some of the prescribed property were not the only joint terminology used. At the end of the day, we tenants"— must keep in mind that the average value of and so on. So there are a couple of sections estates is $92,000, so, in the case of the that are somewhat confusing in their legal average estate, the statutory legacy of terminology because of the way in which they $100,000 for the spouse would be taken up by have been drafted. I accept that they have to the spouse in the first instance. To say that the be drafted perhaps in some format like that children or the spouse would be in a terrible because of the complexity of the issue, but no position ignores the fact that most of those State gives the spouse a matrimonial home. estates do not involve large sums of money. If Sitting suspended from 1 p.m. to we were to accept the amendment moved by 2.30 p.m. the Opposition, the children would miss out in the vast majority of instances. For those Mr BEANLAND: Prior to the luncheon reasons, the Government is not prepared to recess I was indicating some of the support the amendments foreshadowed by Government's concerns in relation to the the Opposition. amendment moved by the Opposition. I finished on the point that no State's legislation Mr FOLEY: The Government's arguments gives the spouse the matrimonial home. This fall into two categories. One relates to legal Bill gives the first right of acquisition to the complexities concerning matters of drafting. In spouse. I want to make sure that members are the happy circumstance that this amendment aware of that, because that is quite significant. is carried by the Parliament, I would be Of course, there can be cases of late delighted to deal with those specific drafting marriages. Sometimes a second wife is issues should we come to the later clauses. involved, and there may be children from the Dealing with the other issue, it really comes to first marriage. If a marriage occurred later in a question of how far we wish to move in the life, it may have existed for only a short period. reform of the law. The Opposition says that it is In the case of small estates, the children could important to move so as to protect the position miss out totally. That is an important issue to of the spouse, particularly with regard to the keep in mind, particularly in relation to the matrimonial home. If it be that that involves a discussion about the need for the value of the big step rather than merely a small step, so be estate to exceed $250,000. In such cases, if it. It is important that the law be kept up to the children were to receive some residue from date. It is important that the law be reformed the estate—and there has been some to meet modern needs. discussion about who gets what and whether it With regard to the last point that the should be one half or a third—under the Attorney-General made with respect to the amendment, the estate would need to be position of children, I remind honourable $250,000. members that the provisions of Part 4 of the I mentioned previously that uniform Succession Act continue to operate succession laws are currently being produced notwithstanding the intestacy rules. That part by the Queensland Law Reform Commission. deals with family provision. It enables a court We have tried to pay some attention to what is to make an order that appropriate family occurring in other States, so that we are not provision be made for children in any too out of kilter should we have uniform circumstances. I urge all honourable members legislation. I thought the Government might to support the amendment. have been criticised for moving ahead with this Mr BEANLAND: Between the years of legislation prior to the uniform legislation 1993 and 1996 the former Government—and coming into play. I am not sure when that will the honourable member for Yeronga was part be. We are yet to see the final version of that of that Government—had ample time to make 3706 Succession Amendment Bill 8 Oct 1997 these amendments. That indicates the bizarre, antediluvian and ridiculous that no-one hollowness of the arguments that have been follows them. The point I made is that when I forthcoming from the Labor Party. That is a was in practice no-one asked me to draft a will criticism of members of the former Labor even remotely in terms of the intestacy rules. Government for the paralysis of their The other matter that I wanted to raise Government and their failure to act on the related to the point that the Minister made recommendations of the Queensland Law about the intestacy rules providing for a wife Reform Commission or to introduce any and children. They do, but the simple fact is changes of their own. The fact that members that at least 90% of wills provide everything to opposite failed to move at any time the spouse and, in the event of the death of a demonstrates that they do not consider these spouse, equally to the remaining children. That matters to be of great urgency; otherwise, they is what my will provides and I bet if I asked would have taken some action. Both the Bar members, with the exception of those Association and the Law Society support the members who are graziers and who have Bill as it is currently. I have already given a list family interests—and I understand that there of others who support the Bill as it currently are reasons why they would not do that—most stands. of them and the vast majority of people on the Question—That the words proposed to street who own the house and the car and be omitted stand part of the clause—put; and have a couple of kids would give everything to the Committee divided— the spouse and then, if the spouse AYES, 43—Baumann, Beanland, Borbidge, Connor, predeceases that person, it would then go to Cooper, Cunningham, Davidson, Elliott, FitzGerald, the children. That is why intestacy rules should Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, adopt that approach as far as possible. That is Hegarty, Hobbs, Horan, Johnson, Lingard, what people generally do when they ask to Littleproud, McCauley, Malone, Mitchell, Perrett, make a will. Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Clause 8, as read, agreed to. Warwick, Watson, Wilson, Woolmer. Tellers: Clause 9— Springborg, Carroll Mrs CUNNINGHAM (2.45 p.m.): I move NOES, 42—Ardill, Barton, Beattie, Bird, Bligh, the following amendment— Braddy, Bredhauer, Briskey, Campbell, D'Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Fouras, "At page 8, line 20, '$100 000'— Gibbs, Hamill, Hayward, Hollis, Lavarch, Lucas, omit, insert— McElligott, McGrady, Mackenroth, Milliner, Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, '$150 000'." Rose, Schwarten, Smith, Spence, Sullivan J. H., The purpose of this amendment is to again Welford, Wells. Tellers: Livingstone, Sullivan T. B. address the issue of ensuring as much as Pair: Lester, Goss W. K. possible, but in a simple manner, the Resolved in the affirmative. availability of the home to the surviving Clause 6, as read, agreed to. spouse. It is important that older people, when they lose a partner, have access with little Clause 7, as read, agreed to. difficulty to their home. It appeared from Clause 8— advice that I was able to get that raising that Mr LUCAS (2.43 p.m.): I want to take a limit of $100,000 to $150,000 would, in most very brief opportunity to respond to a number instances, cover that situation. of matters that the Minister raised in his reply The amendment that the honourable to the second-reading debate. The Minister member for Yeronga had circulated previously referred to my comment about the intestacy was complex. It had implications for the Bill rules and asked: why would someone want to that I had not had time to examine in full. draft a will in similar terms to those in the Certainly, some of the feedback that I received intestacy rules? If the Minister bothered to indicated some concerns about the complexity investigate that matter he would know that a and the implications of that amendment. perfect example of why would be if a person However, it appeared to me to be very wanted to appoint an executor and not rely on important to ensure that the surviving spouse the intestacy rules or the operation of the law did have a quality of life and that that quality of for the appointment of a personal life was assured in relation to the home. I representative. I thought that I would point that thank the Minister and the shadow Minister for out for the benefit and the education of the their indications of support for the amendment. Minister. Of course, ordinarily one would not I seek the support of the Committee for the want to follow the intestacy rules. They are so amendment. 8 Oct 1997 Trust Accounts Amendment Bill 3707

Mr FOLEY: The Opposition will support "At pages 16 and 17, second this amendment. Earlier, I indicated that the column, items 1(a), 2(a) and 3(a), Opposition regards this amendment as second '$100 000'— best. However, the previous amendment which omit, insert— I moved, and which was indicative of the whole package of amendments that I have tabled for '$150 000'." the sake of the record, was defeated. This amendment is consequential to the Accordingly, I welcome the action taken by the success of the first amendment. It just alters member for Gladstone to move in this the figures in subsequent parts of the Bill. I direction. again thank the Minister and the shadow I note from the member's speech that she Minister for their support. acknowledges the concern that has been Mr FOLEY: The Opposition supports this raised by the Opposition in respect of the amendment for the reasons that I have position of the spouse. The shift from previously outlined. $100,000 to $150,000 will go a long way Mr BEANLAND: As this is a consequential towards protecting the position of the spouse amendment, the Government will certainly of the deceased. In that respect it is to be accept it. welcomed. For the sake of the record, I would Amendment agreed to. like to say again that this issue has been agitated by the member for Kurwongbah within Clause 15, as amended, agreed to. the parliamentary Labor Party. Her efforts and Bill reported, with amendments. concern to ensure that the position of the spouse of a deceased, and women in particular, is protected are very laudable. Third Reading I think that it is fair to say that the Bill, on motion of Mr Beanland, by leave, amendment that was moved by the member read a third time. for Gladstone was prompted by her desire to achieve the results that were sought by the TRUST ACCOUNTS AMENDMENT BILL Opposition. However, she has sought to respond to the concerns raised by the Second Reading Opposition in a different way. Accordingly, the Resumed from 20 August (see p. 3020). Opposition will support this amendment. Hon. M. J. FOLEY (Yeronga) (2.53 p.m.): Mr BEANLAND: A range of arguments The Opposition supports the Trust Accounts have been canvassed already, but I say that Amendment Bill. This Bill helps to bring the law the Government will accept the amendment. I in relation to trust accounts up to date. In notice that, currently, in New South Wales and particular, it provides for the establishment of a the ACT the figure is $100,000; in the Northern supervising entity, which is contemplated to be Territory, it is $60,000; in South Australia, it is the Queensland Law Society, and that $10,000 and in the other States—Tasmania, supervising entity will be subject to the Victoria, Western Australia and I think also in provision that the Government retains its New Zealand—it is $50,000. Those figures statutory ability to claw back this form of self- indicate that $150,000 is certainly in excess of regulation by the Queensland Law Society in the figures in other States. In view of property the event that such self-regulation is shown to prices in Queensland compared with those in be deficient. The Bill also updates certain New South Wales and elsewhere, which I think penalty provisions in the Act and makes a we should take into account—particularly number of technical amendments to the Act. property prices on the Gold Coast, in Brisbane, The keeping of trust accounts by solicitors on the Sunshine Coast and in Cairns where it is an integral part of the practice of being a is probably the most expensive—such a figure solicitor. Inevitably, clients are reliant upon the would more than accommodate that situation. high ethical standards of a profession when Amendment agreed to. solicitors hold money in trust accounts on behalf of their clients. Therefore, it is a matter Clause 9, as amended, agreed to. of great public interest that the management Clauses 10 to 14, as read, agreed to. of such trust accounts should be such as to command public confidence. For some time it Clause 15— has been the case that the Queensland Law Mrs CUNNINGHAM (2.51 p.m.): I move Society exercised a supervising role. This gives the following amendment— statutory form to that role and, importantly, 3708 Trust Accounts Amendment Bill 8 Oct 1997 enables the Department of Justice to intervene to represent them. This Bill is a useful part of in appropriate cases. keeping that up to date. It is fair to say that the legal profession, I would ask the Attorney, in the course of like many professions, trades and occupations his reply, to outline to the House the steps that in our society, has been undergoing a period the Department of Justice, as the appropriate of change. It is true to say that the supervising entity under his Ministry, proposes marketplace forces that operate in the legal to take in order to keep an eye on the services industry have seen a change in the Queensland Law Society. Within the scheme nature and style of many solicitors' practices in of the Bill there is provision for the clawback of recent years. It is important that there be self-regulation, and I would ask the Attorney to effective and genuine competition so that spell out to the House the nuts and bolts of citizens' access to legal services is maximised. how he sees his department engaging in its It is also important that there be opportunities watchdog role so as to ensure public for the discipline of the marketplace to impinge confidence that the supervising entity is upon the practice of law so that ordinary carrying out its statutory requirements of citizens, as consumers of legal services, may supervision. This is a modest but useful get the best deal possible. amendment to the law affecting trust accounts and, accordingly, the Opposition will support it. However, in the drive towards the marketplace, one must not lose sight of the Mr LUCAS (Lytton) (3.03 p.m.): The Trust requirements of ethical and professional Accounts Amendment Bill seeks to update the standards that must be ensured for those who law to allow the transfer of the auditing practice as solicitors. That is why it is important functions of solicitors' trust accounts to an that the Trust Accounts Act be kept up to date appropriate supervising entity, which in this and that there be a sense of strict case is the Queensland Law Society. It also accountability in the letter and spirit of the contains a number of other modernising legislation. It is also important that the provisions concerning electronic funds transfer changing technology that affects workplaces and unclaimed moneys. As my colleague the throughout the world be reflected in the shadow Minister indicated, the Opposition changes in the law. This legislation makes generally supports the Bill, although I believe provision for enabling the transfer of moneys some important observations ought to be from a trust account by way of electronic funds made in relation to the debate. transfer, that being, of course, commonplace The first observation relates to in modern times. consultation. It is indicated in the Explanatory Notes that there has been consultation with The increase in recent years of a concern the Queensland Law Society, the Australian about consumers' rights in the area of legal Society of Certified Practising Accountants, the services is quite well placed, and it is important Institute of Public Accountants and the Public that in any legislation which impacts upon the Trustee. I have no problem with there being legal profession we remember that the primary consultation with those groups, because they duty of solicitors is to their clients. They also, of all have a legitimate interest. But what course, have important duties to the courts, consultation has occurred with consumer but nowhere is their duty more important than groups? Where is the reference to consultation it is with respect to the holding and proper with those groups and community legal handling of clients' money in trust accounts. services to find out what they believe the The Department of Justice has an attitude of the clients is? It is not only about important role to play in this regard, but the what the Queensland Law Society, the Queensland Law Society, as a supervising Certified Practising Accountants and the Public entity, has an important role to play, too. It is Trustee think. That is important, but it is not of the utmost importance that the values and their money that we are dealing with, it is the standards that we have come to expect from clients' money. the legal profession should not be diluted by I cannot find any reference in the material the pressures of the marketplace. It would be about what discussions have taken place with tragic if there were to be any compromise in consumer groups to find out what their attitude the ethics and professionalism of the legal is towards the supervision of what is done with profession as a result of the increased their money by their solicitors. That is very commercialisation of the legal services important, and I invite the Minister to indicate industry. At the end of the day, clients are whether there has been consultation in that entitled to expect the very highest standards of regard. Over recent years, there have been accountability from those whom they choose very large defalcations from trust funds so it is 8 Oct 1997 Trust Accounts Amendment Bill 3709 very important that this House ensures that the That is particularly relevant in this case, regime for supervising solicitors' trust accounts because there is no prohibition in this is as rigorous as possible. It is also important amendment Bill on an auditor having financial that those reforms have very broad community dealings with the trustee. There is no support. disqualification in that respect. The auditor This Bill sets up a body known as the could have financial dealings with the trustee. "supervising entity", but that body is not For example, he might be a liquidator, and the named as the Queensland Law Society. One solicitor deals with him in relation to other wonders why it has not been specifically cases. He might provide other work for the stipulated in the Act. That supervising entity solicitor. He might work with a solicitor's clients can be altered by regulation. There can be a and so on, and there is no disqualification in change in the supervising entity without any that regard. At this point, I am not suggesting reference to the Parliament. In the future, a that there need be that amendment, but I am private concern could be made a supervising saying that we should have all of the extra entity. At present, I do not think that is what safeguards in relation to a change of auditors. the Parliament is contemplating, and I have The final issue that I wish to raise that is some concerns about that. It is inaccurate to of concern to me extends to what the Bill does suggest that the supervising entity will be the not do. It says nothing about the use by Queensland Law Society. We have only an solicitors of interest from their trust accounts. It indication from the Minister that, for the should be remembered that the money in present, it will be the Queensland Law Society. solicitors' trust accounts is not their money; I am also concerned that the that money belongs to their clients. In amendments delete the provision in respect of particular, I draw the attention of the House to information being sent to the Queensland Law an excellent article by Adrian Evans from Society. The reason for that amendment is Monash University, which is contained in the that the Minister contemplates that the International Journal of the Legal Profession Queensland Law Society will be the 1996 Vol. 3 No. 3. Evans points out a number supervising entity and, therefore, it should not of matters that I think are worth reminding the have to send information to itself. Given the House of. way in which this Bill has been drafted, what The first is that as far back as 1964 the will happen if someone else is the supervising House of Lords confirmed that interest entity and there is no statutory requirement for belonged to the client and not the solicitor. that information to go to the Queensland Law Rules were made subsequently by the English Society? That is a problem. That is a defect in Law Society, unlike in Australia, that ensured the legislation that has to be examined. In the that the diversion of these funds was limited to future, if a third party were appointed as a very small and unidentifiable amounts. In supervising body, it would not have any consequence, Evans notes that the UK has responsibility to send information to the Law escaped the extreme ethical issues that now Society. We have found out what has arise in the Southern Hemisphere. happened in the past when disciplinary Interestingly, Evans goes on to say that proceedings have not been referred to the with only two exceptions—solicitors in New Director of Public Prosecutions by the Law South Wales and Victoria—Australian solicitors Society. do not themselves contribute any significant The Bill requires the trustee, that is, the sums towards their regulation. When I read law firm, to tell the supervising entity of any that article, I found that quite extraordinary. change of auditor, but nowhere in the Bill is it With increasing technologies for the electronic required to give a reason for that change of transfer of funds, there is even greater scope auditor, as is required under the Corporations for clients to have access to interest. Law. Under the Corporations Law, if there is a Once upon a time it would have been a need to dismiss an auditor, a special general very complex issue for a solicitor to work out meeting is called, and the auditor has the right the balances of particular trust accounts. to attend that meeting. In order to protect the However, we now have the benefit of funds auditor and for that auditor to be fearless and transfers and computerisation. We should be not wary of dismissal for reporting in good looking at this matter. Evans notes that seven faith, I firmly believe there should be a of the eight Australian jurisdictions divert requirement that, where solicitors change their clients' interest on trust balances to support auditor, they ought to file with the Queensland their compensation funds or to finance Law Society their reasons for doing so and not significant public expenditure. He says that five just that there has been a change of auditor. States—New South Wales, Victoria, 3710 Trust Accounts Amendment Bill 8 Oct 1997

Queensland, South Australia and Tasmania— into unfriendly social and economic transfer fund balances excess to that required experiments." for defalcation compensation. Not only are In conclusion, the Opposition supports this they into it for their compensation fund, but legislation, but there are a number of issues they are also into it for things such as interest that have not been covered and there is still a earned on clients' funds. For the most part long way to go on access to justice in this they go to ancillary functions such as State. professional regulation, members' libraries, portions of executive expenses, legal research, Hon. D. E. BEANLAND (Indooroopilly— education of lawyers and legal aid. I have no Attorney-General and Minister for Justice) problem with the use of that money for legal (3.13 p.m.), in reply: I thank the Opposition for aid, but I do not believe that it is appropriate its support of this Bill. A number of points have that interest on trust account money belonging been raised. The member for Yeronga raised to clients should be devoted to lawyers' the issue of monitoring this process as it goes purposes. along. There will be regular meetings between Recently the Queensland Law Society set senior departmental officers and the up a service on the Internet called Themis. It Queensland Law Society in relation to this was set up through the Queensland Law matter. There will also be monitoring of the Foundation which, I am told, receives no level of complaints. That is always a very good Government funding; nor does it take any barometer. We will have the annual report proportion of interest from solicitors' trust provided under clause 24. There will also be accounts. In that respect it is independent. It is the reporting of offences by the Queensland completely within the Law Society's rights to Law Society. If, at some stage, the set up this service. If there is no Government department or the Government of the day contribution or solicitors' trust fund interest wishes to do more, there is ability to do so contribution, the society is acting within the under the legislation. rights of its members, and that is fine by me. I We have elsewhere put in train other believe it is an excellent service. It provides a amendments to the Queensland Law Society service to smaller firms and country firms which Act which will enable close checks to be made. cannot afford the big libraries. I commend the I hope the matter will proceed smoothly and Queensland Law Society on this action. that the Queensland Law Society will tackle But what has the Queensland this with the appropriate goodwill that is Government done about access to statutes? required. The Government would not be As Richard Ackland noted in the Australian proceeding down this path if we did not believe Financial Review of 16 May this year— that would happen. "Themis costs between $800 and It is interesting to note that this matter $1,000 annually for non-Law Society started some time ago when the Labor Party members which contrasts with the free to was in office. This is one of those pieces of air services available on the Austlii and legislation that was left behind by the Labor Foundation Law sites on the Internet Party. It was not on my list of election where materials from every other commitments. When I was going through a list jurisdiction in Australia, and many of problems with the department this matter overseas, are available for the price of a came up. It appeared to me that some action local telephone call." needed to be taken. It was resolved to put Because the Queensland Government is not forward these amendments to tidy up a prepared to waive copyright, the little people in situation that has existed for some time. this State who want access to Queensland The matter of consultation has been statutes are denied access at no cost. It is mentioned by the member for Lytton. I am good enough in other States, but it is not good very much aware that consumer aspects are enough in Queensland. Those people are not covered through Acts such as the Queensland lawyers. These are average people who want Law Society Act. This Bill has been allowed to to find out instantly the latest provisions of an lie on the table for some weeks so that the Act. People have the opportunity to do this for whole of Queensland could examine it. There free in other States. As Mr Ackland says— have not been too many matters on the Notice "The refusal of the Queensland Paper. The provisions of this legislation have Government to freely licence the use of been looked at by a range of people around State legislation is probably just another the State. People have commented to me on instance of what Premier Borbidge some aspects of it. This legislation has not regards as a noble refusal to be dragged been rushed through the House. 8 Oct 1997 Trust Accounts Amendment Bill 3711

Some comment was made on an article Labor Government was a Government written by Evans of Monash University. This paralysed by inactivity. It was a Government of Government has done a great deal in relation paralysis. to ensuring that clients and consumers are Mr FitzGerald: Narcissism. protected. We have taken further action in relation to changes to the Queensland Law Mr BEANLAND: Yes, that is it. We are not Society Act. We have put in place additional looking into it at all. We are giving it active complaints mechanisms to try to protect consideration and we are getting on with the people from delays and high charges. I was job. somewhat surprised to hear from the member An Opposition member interjected. for Lytton that he feels that he was resting on Mr BEANLAND: The member opposite his laurels and not carrying his weight in his said that; I said it was under active former life as a solicitor. I am not sure if that was the message he was trying to give me, consideration and we were getting on with the but that is what it sounded like. He suggested job. Making the hard decisions is something to that solicitors were not carrying their weight in which he has never been accustomed. We will society and that somehow his clients were keep getting on with it. As was said some time carrying him. ago, I raised this matter and members opposite poo-poohed it and said that that Mr Lucas: I was always a worker, not a would not happen. We should have gone to it boss. ages ago. Of course, it is all a matter of how Mr BEANLAND: Whether the honourable much legislation and how many matters the member was a worker or a boss, he was still a Opposition has left behind for us to follow up. solicitor. It sounded to me as if the member We are getting on with making the hard was jumping on himself for whatever good decisions. We are getting on with these issues, reason. too. I thank the Opposition for its support. This Government has done a great deal Motion agreed to. to protect solicitors' clients from neglect and fraudulent activity. Last year I urgently brought into this House changes to the Queensland Committee Law Society Act in relation to mortgage Hon. D. E. Beanland (Indooroopilly— brokers who were providing finance for land Attorney-General and Minister for Justice) in deals. That action was taken in order to protect charge of the Bill. the fidelity guarantee funds. The Government Clauses 1 to 4, as read, agreed to. is very much aware of the need to protect clients where necessary. I can assure the Clause 5— House that we will be keeping a close eye on Mr FOLEY (3.21 p.m.): I will just follow up this matter. I know that senior departmental a matter raised in the second-reading debate officers have been keeping a close eye on this by my colleague the member for Lytton. With whole process for quite some time. respect to the meaning of the term The member for Lytton raised the matter "supervising entity", can the Minister indicate of access to statutes. This was another piece whether he has any intention to appoint any of baggage left behind by the former Labor body other than the Queensland Law Society Government. Officers of the department have as a supervising entity and, if not, what was been working on this matter and giving it very the reason for drafting the Bill in such a way close consideration. This matter has been that left such a broad discretion to the sitting around for six and a half years. All the Executive? questions I have heard to date were already Mr BEANLAND: There is a very good present when I took up office. I thought this reason for that. It could very well be that the matter would get the Opposition going. The CPA or the ICA—whatever the accountants' Opposition, when in Government, did not do a professional body is called—could be very thing about it. The matter is now under very much involved and become supervising active consideration by the department and entities. So we do not want to particularly say the Government. A great deal of work has that it will only be the Queensland Law been done on this matter. I can assure the Society, because there could be very good member for Yeronga that this matter of the reasons why we use and list some of the statutes is under active consideration— accounting professions. That is the reason that Mr Foley: Looking into it. it is put in such terminology. I think that Mr BEANLAND: No, we are not looking answers the member's question. into it. That is what the Labor Party did. The Clause 5, as read, agreed to. 3712 Guide Dogs Amendment Bill 8 Oct 1997

Clauses 6 to 30 and Schedule, as read, already outlined in his second-reading speech agreed to. why this Bill was introduced and the fact that it Bill reported, without amendment. is supporting the training of guide-dogs in Queensland. Perhaps the most important feature of this amendment Bill is the provision Third Reading made for training guide-dogs from an Bill, on motion of Mr Beanland, by leave, approved institution within community settings. read a third time. As an initiative of this department, it is encouraging to see that effort has been made to clarify guide-dogs' legal access into the GUIDE DOGS AMENDMENT BILL community, thus giving greater support for Second Reading those who have sensory disabilities. The Queensland Guide Dogs Act of 1972 is one of Resumed from 21 August (see p. 3107). the most comprehensive pieces of legislation Ms BLIGH (South Brisbane) (3.24 p.m.): I relating to guide-dogs in Australia. Queensland rise to support the Bill before the House. The is the only State that has developed a specific Guide Dogs Amendment Bill represents a very piece of legislation in this area. Similar issues sensible move. It is a move which will back up within other States are regulated by animal the very laudable establishment of a guide- welfare Acts. dog training facility in Queensland in recent Sensory impaired people have the same times by the Queensland Guide Dogs for the rights as other members of our community Blind Association. It is my hope—and I am and, therefore, should be covered by an Act sure it is shared by the Government and other relevant to them. This Government is taking a members of the Opposition—that the location step forward in ensuring legislation and of a training facility for guide-dogs for the blind services relate to people with disabilities in in Queensland, after many years of being Queensland. The Queensland Disabilities reliant on Victorian training facilities, will assist Services Act 1992 also recognises the rights of the already excellent work being done by the people with disabilities as being the same as Guide Dogs for the Blind Association. any other person in society. The Act also Hopefully, it will assist in the acclimatisation of clearly states that people with disabilities those dogs to local circumstances and it will should be empowered to exercise these rights. facilitate the appropriate matching of trained In considering this, the responsibility lies with guide-dogs with those Queenslanders with us as a Government to provide as much visual impairment who need the assistance of assistance as possible to enable people with these dogs. disabilities to obtain a high quality of life and to I have not only a portfolio interest in this be fully participating members of society. issue but also an electorate interest. The Blind People with sensory disabilities lead and Low Vision Support Organisation, formerly varied lives and, therefore, there is a need for the Narbethong School for the Blind, and the guide-dogs to be trained within community Queensland Blind Industries Corporation are in settings. If should be expected that the my electorate. As such, a number of support of a well-trained guide-dog, for constituents and their families are affected by example, would enable a person with a visual visual impairment. Many people have located impairment to be freely mobile within their in this area over time because of the facilities community and to participate in community life in the area as well as the location of some without undue restrictions. Therefore, there are major hospitals. The move outlined in this many situations that they have to prepare that legislation will therefore benefit not only my guide-dog for. The Guide Dogs Amendment constituents and their families but also those Bill furthers the principles established within the of members right across the House. I believe original Act towards this aim. The original Act in that the proposals outlined in this amendment 1972 sought to establish the presence and Bill will bring much to those Queenslanders important role of guide-dogs in assisting who are unfortunately visually impaired. people in this way. The Opposition will be supporting the Bill The provisions in this Bill ensure and we hope that its implementation will make appropriately qualified guide-dog trainers and the good work of the Guide Dogs for the Blind trainees the legal access, as I mentioned Association an easier task. before, to vehicles and public places in order Miss SIMPSON (Maroochydore) to facilitate their training. This process provides (3.26 p.m.): My colleague the Honourable a unique opportunity to develop a Minister for the Department of Families, Youth comprehensive training program designed to and Community Care, Kevin Lingard, has support the needs of Queenslanders within 8 Oct 1997 Guide Dogs Amendment Bill 3713 local Queensland settings and environment. of the State. The needs of all people are The Bill has received widespread support and recognised through the amendment Bill by has been developed using an extensive ensuring that training can occur across all consultation process. This consultation has community settings and in public places and brought about the development of a small vehicles. number of exemptions and guidelines for Queensland communities have supported specific areas. These exemptions under this program being initiated and, through their guidelines include the training of guide-dogs support, the training centre and its programs in, for example, ambulances, sterile areas in can enhance the everyday lives of those hospitals such as operating theatres, and food people with a sensory disability. The support, preparation areas. In consultation with assistance and training offered for people at Queensland Health, these guidelines have the centre includes orientation and mobility been supported for the access of guide-dogs. training, rehabilitation and community The Guide Dogs for the Blind Association of education programs. The commitment of this Queensland will ensure that thorough training Government by allocating funding to such a and strict procedures are adhered to to enable deserving organisation is for the purpose of the access mobility of guide-dogs and their providing services to people who are visually owners to as many community facilities and impaired, without discrimination, and ensuring areas as possible. that these services are of a high standard. It is With regard to regulations—protected commendable to add that the development of areas under the Nature Conservation Act will a clear framework has incorporated both be exempted areas for guide-dogs under legislation and the provision of training needs. training. I refer to areas such as national parks The substantial efforts made by the Guide and State forests. These minor exemptions, Dogs for the Blind Association of Queensland rather than representing restrictions, in establishing its education and training demonstrate the careful consideration that has programs places Queensland at the forefront been undertaken in developing the Bill. In in this field. consulting with various groups, provisions have It is through extensive and practical been made for potential difficulties through the programs such as these that the lives of implementation of the Act. This approach is thousands of visually impaired Queenslanders considered responsible and positive for the will be improved. It is encouraging to see the support of the Bill's effective implementation. I support provided by this Government which support the legislation. links and enhances significant community Mrs GAMIN (Burleigh) (3.31 p.m.): To effort. With the development of locally based support the implementation of the Bill, I note services and supported programs, this the important initiative of the recent Budget Government must ensure that such services and the allocation of $1m towards the are meaningful in both their focus and establishment of a training institute for guide- implementation. The focus in the community is dogs in Queensland. This funding is integral to on training. Puppies Week occurs this week in the approach of this Government in Queensland. This represents an effort in recognising the needs of people requiring fundraising to support the activities of the guide-dogs. This training institute enables training centre and presents a positive image Queenslanders to have access to a guide-dog for guide-dogs within the community. breeding and training program within their own State. The training centre is equipped with the It is inspiring to see the diligence with most contemporary facilities, providing a which that breeding and training centre has service for visually-impaired people from been developed, and I commend the Guide around Queensland to access for training, Dogs for the Blind Association for the assistance and support. Previously, the establishment of the centre. The potential of training of guide-dogs was performed the establishment of this guide-dog training interstate, with no local facilities to support and facility will be fully realised with strengthened and contemporary amendments to the Act. I train the guide-dogs. This is a major step hope that the House will support the forward for people who are visually impaired, implementation of this Bill. I support my as local services are not only in place but are colleague in commending the Guide Dogs providing effective and efficient services to the Amendment Bill to the House. visually impaired. Developing a State network for this training to occur would have a number Mrs CUNNINGHAM (Gladstone) of benefits, including providing services for (3.33 p.m.): I want to make a couple of sensory-impaired people closer to where they comments on the Guide Dogs Amendment live, particularly those who live in remote areas Bill, predominantly because I have some first- 3714 Guide Dogs Amendment Bill 8 Oct 1997 hand knowledge—as do most members, I am a very big issue for us, that is, the access of sure—of people with guide-dogs and the great guide-dogs to shopping centres. The floors of benefit that they are to the community. A shopping centres in my region are shiny and woman who lives just up the road from me has rather slippery for dogs to walk around on. The had two guide-dogs in recent times. One was only way that the dogs can get around those older and retired and subsequently died. Corrie shopping centres is for them to walk leaning Engelsman has done a tremendous amount on the windows. That appalling situation has of community work with the aid of her previous developed over a period of years. We are dog, Chet, which was a wonderful help for a doing our utmost to try to get those shopping long time. She now has a new dog. centres to put in some sort of walkway for the Corrie has had some very sad times more dogs of hearing-impaired people as well as the recently associated with complications of a dogs of blind people. This is a very serious previous illness. She had part of her leg issue that I would like the Minister to take up amputated, but she continues to work valiantly with his ministerial colleague if the opportunity for the community. Her ability to do that has presents itself. been facilitated, in great measure, by the use I congratulate the Minister on bringing this of a guide-dog. She is active in Evenglow. She legislation into the House. It is a very good Bill, has received a Premier's award. I know that and it presents an opportunity for members to she is active in the ALP. She is always out and say thankyou to those very many people who about. Until her recent operation, she used to work in this field, and particularly those who exercise the dog around the street where we train the dogs. They train them to the degree live. They were a common sight in the early where their owners have the greatest morning and late afternoon. confidence in them and, indeed, love for them. I believe that anything that the I thank the Minister. Government is proposing to do both for Mr CARROLL (Mansfield) (3.38 p.m.): My visually-impaired and hearing-impaired people colleague the Minister for Families, Youth and to improve the quality of and the opportunity Community Care, the Honourable Kev Lingard, for training of guide-dogs has to be spoke about the development of a commended. I certainly commend the Minister Queensland-based training program for guide- for seeing this lack and acting quickly to dogs to aid support provision to address the problem. I also commend the Queenslanders who are visually impaired. The Minister for the activity that has occurred. focus of the amendment Bill before us is on The Lions Club and other clubs assist in the better provision of training to guide-dogs the training of guide-dogs and dogs for or, more specifically, to enable greater access hearing-impaired people. I know that the for such training to occur within community community values greatly not just the people settings. who use those dogs but the community that We need to remind ourselves that the they subsequently contact and affect. I needs of people with disabilities are diverse congratulate the Minister on the Bill. I know and require informed and appropriate that there are a lot of people in Queensland responses on the part of both the Government who will appreciate it. and the Queensland community. One of the Mrs BIRD (Whitsunday) (3.35 p.m.): I greatest difficulties experienced by people who want to raise a couple of issues concerning are visually impaired is mobility. It is vital to any guide-dogs. First of all, we in the north have person to be able to move freely about within suffered for a long, long time with the their own home and community and to problems of guide-dogs and their participate in their personal affairs without acclimatisation. The north of the State is very concerns for their wellbeing and safety. hot and humid. Many of the dogs that are If people who are visually impaired do not trained in the south and come to the north receive the support that they require to suffer very badly from rashes and ear manage in everyday life, the results may be infections. We in the Mackay/Whitsunday quite tragic. Equally tragic would be a situation region have been very fortunate in that we in which people are not able to be mobile in have had very good vets who keep a constant their daily life, particularly when support and eye on the dogs. We have been very lucky. solutions are readily available. A young However, we would be happier if we could get mother, for example, who is visually impaired dogs that are actually born and trained in the and chooses to visit the local shopping centre north so that they can cope with the climate. would do so with a greater sense of safety for The second big issue, which probably both herself and the child if she had the does not come under the Minister's portfolio, is support of a fully trained guide-dog. One visit 8 Oct 1997 Guide Dogs Amendment Bill 3715 alone may provide ample challenge for her they live. I believe that this Bill takes a mobility, with the need to cross numerous busy significant step towards supporting people with streets while also caring for a young child. A certain sensory disabilities within the State to young man with a hearing impairment may be both mobile and safe within their require public transport to attend classes at a communities. It is also an indication of this TAFE college, yet is assisted by a guide-dog Government's commitment to enhancing the who is well known. He easily becomes lives of people with disabilities. This is another accepted in his local neighbourhood and along example of fine-detail legislation that our his regularly travelled route. Government, the National/Liberal coalition, has Reflecting on the difficulties that each and been quite ready to embrace and attack in every one of us might face were we to be getting on with the job. There is no need to placed in a similar situation of being reliant spend longer than we have to in the rarefied upon the assistance of a guide-dog to go atmosphere of this Chamber. Currently we about our daily affairs, we might ask: what have only a limited number of pieces of kinds of restrictions might we experience along legislation before us. That is because we have the way? What degree of support might we be been getting on with the work, getting the seeking from our community? Guide-dogs that legislation through and getting the job done in are being trained to assist people who have a Queensland. One needs to look only at the visual or hearing impairment are provided with green book of achievements that was recently extensive training to ensure that they meet a published. A great list is contained in those high standard. That training not only involves 106 pages. It is a detailed record of the obedience and practical issues but also achievements of this Government. training to ensure that appropriate behaviour is I take this opportunity to mention before exhibited by the animal within community this House the many organisations that assist settings and public places. No-one will argue our visually impaired folk to share in the life that guide-dogs are essential in many that the rest of us might want to enjoy. There situations. We have to remember that they do are a great number. I was reminded only this not start out life as trained animals ready to day by the Chief Executive of Vision help; they begin as puppies and need Queensland that it would be nice to have training—some more than others. some kind of legislation that brought those It has long been the established practice organisations together and ensured that there that training occurs within the context of home was more efficient use of the available environments; for example, by puppy carers resources, which I believe are presently being who undertake to assist in that lengthy used very carefully. There is a great number of program. To date, that training in Queensland those organisation and it would be great to has included access to more public settings see them merge. I will outline briefly those only where private arrangements have been organisations, a couple of which have been organised. This legislation extends, simplifies involved in the guide-dogs program. and hastens the training. The Bill enables There are 12 major organisations apart training of those dogs to occur within the from some oversight organisations, which I will community, within the context of situations of mention first. The National Federation of Blind everyday life. It is reasonable that training Citizens of Australia has its national executive should occur within the settings, places and office in Melbourne. The Queensland White vehicles where they will be assisting their new Cane Committee is another oversight owners once their training is completed. With organisation. Many local support groups such extensive and appropriate training across Queensland help the individual groups practices, it is easy to understand the that I will now mention. Firstly, I mention the widespread support that the Bill has received Queensland Foundation for Blind People Inc. from both the community and Government and particularly the work of Graham Pampling, departments. That support has remained who is a chap who had the later onset of consistent over a period and among a broad blindness. He has trained himself to specialise sector of the Queensland community. in teaching folk with a visual disability to This Bill recognises the importance of operate computers. He has a very efficient equality for people with disabilities and the training program. need to develop strategies to support their Queensland Narrating Services, which can rights within everyday situations and places. be contacted care of the State Library at West The Bill presents a forward-reaching approach End, produce audio books, magazines and a to cater for the needs of people with two types great range of items to assist folk who might of disability while at the same time recognising not otherwise have the contact with literature the social and environmental context in which that we might enjoy or regard as understood. 3716 Guide Dogs Amendment Bill 8 Oct 1997

Queensland Radio for the Print Handicapped provides accommodation services, including Ltd, 4RPH, is another nonprofit organisation independent living units, country units and that provides great access to printed emergency accommodation units—a narrow information, this time by the medium of radio. but very essential range of services. The 11th The Retinitis Pigmentosa Association of one is the Blind and Low Vision Youth Support Queensland Inc. has its office at the Salvation Association Incorporated, which is located at Army Centre in Brisbane. It assists people with Buranda. It also provides accommodation a particular and limited range of blindness services and therapy services. Finally, there is problems, provides large print newsletters and the Guide Dogs for the Blind Association, other special productions to assist those folk. which to my knowledge is the only organisation The Royal Blind Society of Queensland in Queensland that actually trains the dogs in Inc. is perhaps one of the best known in the Queensland. It has been operating for many, State. I am a member of that organisation. many years. That organisation not only trains They do some great work. They recently dogs but also provides therapy to the animals ensured that a number of folk who were once they are in service. It also provides residents at their Helen Huxham Centre in counselling, occupational therapy, client South Brisbane that had to be closed were support, and residential and domiciliary care. transferred smoothly to the new Baptist I hope that honourable members will Community Services Retirement Village in realise from the organisations that I have Wishart in the electorate that I represent. The mentioned that the range of services provided society and its president, Robert Nelson, have in this State to assist those who may not have been very attentive to those folk in what may perfect vision or who may never have had any be regarded as a fairly difficult move for them. vision is quite complex. There are many They had to move to a new environment. The thousands of volunteers who assist the many village at Wishart was opened last Saturday at thousands of people who have this special a cost of $7.5m. That is a great asset to the need. electorate of Mansfield. It provides I pay particular tribute to our Minister for accommodation to 104 people, including a taking the time to develop this legislation and minimum of 20 blind folk. bringing it before the House. I commend it to The Vision Impairment Education Unit of all honourable members. I know that it will be the Yeronga Institute of TAFE is located at of great use to the people who enjoy the Kent Street, Annerley. That unit continues to benefit of these well-trained guide-dogs. provide education programs and a resource Hon. M. J. FOLEY (Yeronga) (3.51 p.m.): centre. The Queensland Blind Association Inc. This legislation will assist in the provision of at Annerley provides some financial assistance training for guide-dogs. It will also ensure to folk and provides low vision equipment and access for such dogs and their trainers to an audio newsletter. Vision Queensland, restaurants, shops, public transport and public previously known as QBIC Industries, is also places. As such, it is legislation to be based at Kent Street, Annerley. I am pleased welcomed and, as the shadow Minister has to say that I am a member of that organisation indicated, the Opposition will support it. also. I believe that that organisation will be a key organisation in getting those assisting The blind community in my own electorate blind people in Queensland to cooperate of Yeronga is a most important part of the better and to maximise the limited resources local community. As well as being a place of that are available. That particular corporation is residence for many blind people, my electorate a manufacturer whose main industry is the also includes a number of organisations that production of brooms, brushes and cotton work with blind people and carry out very mops. It also produces pillows, bedding, important work indeed. For example, I refer to independent living aids and some cane work. the Queensland Blind Association at Warwick It has a very happy team of workers who are Street, Annerley, which helps people with proud of their work. Their work is of excellent vision impairment to remain in their homes. quality. That is a most important function, and that There is the Queensland Braille Writing organisation carries out a very worthy job. Association out at Annerley. Recently, I Indeed, its annual Christmas party at the attended their 100th AGM. Not only does that Marymac Centre at Chardons Corner is organisation do some marvellous work for legendary. It is a very happy occasion with itself; it also seems to act as a clearing house many blind people and their families in for other local groups that assist in its very attendance. important work. Aid For The Blind Queensland I refer also to the important work of Aid Incorporated is also located at Fairfield. It For The Blind at Cameron Street, Fairfield, 8 Oct 1997 Guide Dogs Amendment Bill 3717 whose annual general meeting I had the dogs were being trained down south. However, pleasure of attending recently. That I am very pleased to see that recently the organisation plays an important role in Guide Dogs for the Blind Association has providing accommodation for blind persons, established a training centre at Bald Hills. The and it has carried out that work over a number centre now has two fully accredited guide-dog of years. Nearby is the site of the Queensland trainers who are accredited with the Blind Industrial Centre, now known as Vision International Federation of Guide Dog Schools Queensland. That centre used to be a part of for the Blind. Yeronga TAFE. However, I have much I thank the member for Mansfield, who pleasure in saying that when I was the Minister ably outlined many of the organisations that for Employment and Training, we moved to are involved in doing work for people who are assist that centre to achieve its independence blind or who have seeing difficulties. I thank from TAFE and to achieve a number of the the member for South Brisbane for her support reforms that the blind people and their families for the Bill. Similarly, I thank the member for had sought over a period. Similarly, I salute Maroochydore and the member for Burleigh, the important work of the Braille Writing who have been very active on my committees. Association. The location of Braille House and I also thank the member for Gladstone, who the Braille Library at Ipswich Road, Annerley, is outlined very ably the assistance provided by an important resource for persons with visual both seeing dogs and hearing dogs. impairment. The work that is carried out by such organisations often goes unrecognised The member for Whitsunday outlined the and it is important that in this Parliament we reasons for the need to have a guide-dog pay tribute to the work that they carry out. training centre in Queensland. I have taken on board her request to look at the problem that I note that the previous speaker made is presented by walkways in shopping centres reference to the important work of the Vision for both dogs and the people whom they are Impairment Unit attached to Yeronga TAFE assisting. I will come back to her on that point. and located at Kent Street, Annerley. I agree with that speaker; the unit does carry out I also say to the member for Yeronga that important work. However, I seek an assurance I will certainly check on the situation relating to from the Minister, if he is able to give it, as to the Vision Impairment Unit at the Yeronga the continued operation of that unit. There TAFE. Although it is not part of my have been some disturbing reports that that department, I will certainly come back to the the Vision Impairment Unit attached to the member for Yeronga on that point. I say again Yeronga TAFE may have an uncertain future. I that in the 20 months that I have held this am concerned about reports that its level of portfolio, I have not dropped any programs support from the current Government is whatsoever, so the Vision Impairment Unit somewhat under question. I hope that the would certainly not be dropped from my Minister can allay those fears and give an programs. However, I will come back to the assurance to the House that the work of that member for Yeronga on that point. I accept Vision Impairment Unit attached to Yeronga that such a centre at the TAFE college is very TAFE will be well and truly supported. It is important. important that people with visual impairment The Guide Dogs Amendment Bill have access to training and employment represents an example of the initiative taken opportunities. That unit plays an important by my department to provide informed and role. appropriate services for Queenslanders with In relation to the provision of training for sensory disabilities. Various community guide-dogs, this Bill is a step in the right groups, and members of the community in direction. I am pleased to support the general, wholeheartedly support this legislation before this House. amendment Bill because of the obvious Hon. K. R. LINGARD (Beaudesert— support and assistance that a guide-dog Minister for Families, Youth and Community provides to people with sensory impairment. Care) (3.57 p.m.), in reply: Several years ago, I reiterate that the Guide Dogs when I went to see a guide-dog that had come Amendment Bill amends the most from southern States and had been trained comprehensive Act relating to the provision of there, in common with many other people in legal access to public places and public this State I was amazed to think that passenger vehicles for the purpose of training Queensland did not have a training centre for guide-dogs in Australia. It is my understanding either seeing dogs or hearing dogs. It was only that there may have been initial concerns through my involvement with the Lions Club at about the drafting of one part of the Bill which Beaudesert that I realised that these guide- amends Part 4, section 11 of the Act, but 3718 Treasury Legislation Amendment Bill 8 Oct 1997 members of the House can be assured that Third Reading the Scrutiny of Legislation Committee is Bill, on motion of Mr Lingard, by leave, entirely satisfied with the proposed read a third time. amendments to the Guide Dogs Act. The provisions for public access established within the Bill further ensure that TREASURY LEGISLATION AMENDMENT the training of guide-dogs undertaken in BILL Queensland is done within a clear framework, Second Reading with qualified trainers and through an Resumed from 27 August (see p. 3278). accountable training program. Guidelines for Hon. D. J. HAMILL (Ipswich) (4.04 p.m.): the obligations of all relevant parties have The Treasury Legislation Amendment Bill is been thoroughly considered and are included something of a smorgasbord of legislation. It within the Bill. contains a number of minor amendments to a As the member for Maroochydore variety of Acts. Certainly from the Opposition's outlined, the necessary relevant industry point of view, none of those amendments is bodies and Government departments have contentious. been consulted and their suggestions have I will make a couple of comments in been included in the legislation. The bodies relation to certain aspects of the Bill, firstly that have been consulted are also in full relating to those parts of the Bill that deal with support of the initiative and the amendments gaming legislation. The Art Unions Act, the proposed. The advantages of this Bill are to Casino Control Act and the Keno Act are all improve both the services provided to people amended by this Bill and, as I said, the with sensory disabilities living in Queensland amendments are minor. However, one and to promote their independence and important aspect that is contained in the mobility, reducing the problems that they sections dealing with the Casino Control Act experience in their daily lives. and the Keno Act relate to the destruction of The importance of this Bill to people with the palm prints and so on of those who cease disabilities living in Queensland is extended to hold a licence as employees or operators in when we consider ways in which the diverse relation to those various forms of gaming. That needs and contexts within which people live is an important civil rights provision because it can be addressed in an appropriate and ensures that certain personal information is not relevant manner. The importance of equality kept once it is no longer of any relevance. The for people with disabilities and the Opposition certainly supports that measure. development of appropriate strategies to An amendment of the casino control support those rights is an issue that should legislation that may not be seen to be remain paramount within the Queensland altogether earth-shattering, but, I understand, community. Strategies that seek to present one that has been discussed with veterans' positive and developmental approaches to organisations and the industry, is the proposal catering for the needs of people with that on Anzac Day the operation of casinos be disabilities, whilst also considering the brought into line with the times that are applied environments in which they live, should to hotels and licensed clubs. The Opposition continue to be encouraged. supports that measure as well. The Guide Dogs Amendment Bill, I will make a couple of points in relation to together with the active development of the general issue of gaming. As has certainly programs and services, places the State of been raised by me in this place previously, Queensland in the favourable position of there is a lot of concern, particularly among setting a standard for access and training retailers, at the growing access to gaming in provisions for people who require the aid of the community. On the current figures, State guide-dogs in Queensland communities. I Governments are becoming increasingly reliant seek support for the endorsement of the upon the proceeds of gaming, and gambling amendment to the Guide Dogs Act 1972. in general, for State revenue. About 12% of Queensland's State revenue is derived from Motion agreed to. gaming taxes and gaming revenues. Queensland is one of the States that to a great degree relies on this source of revenue. Committee To put that into perspective, Queensland Clauses 1 to 11, as read, agreed to. derives more money for the State Budget from taxes and levies on gaming than from the Bill reported, without amendment. business franchise fees on liquor and tobacco 8 Oct 1997 Treasury Legislation Amendment Bill 3719 that were recently struck down in the High The other piece of legislation being Court. It is important that we understand how amended is the Motor Accident Insurance Act. significant the whole industry is for our State Some retrospective provisions are being and our State Budget. sought by the Treasurer. Again, the changes Having said that, there are a number of are really by way of clarification; they do not concerns on the horizon. The States have alter the intent of the Legislature in relation to been able to legislate and regulate gaming the Act and its provisions. We support those within their own jurisdictions and that has been measures, too, given the circumstances in easy enough, but it is becoming increasingly which they are being proposed. difficult. There is a very real danger that, with The only other point that I wish to make in the increased use of information technology, relation to the Bill is that there are particularly the use of the Internet, the gaming amendments to the Statutory Bodies Financial revenues that the States rely on may not be Arrangements Act. Again, the assertion—and so easily tapped into by individual State this is a very important assertion—is that these Governments. various bodies cannot obtain overdrafts and so on unless they have the permission of the Work has been done across the heads of Treasurer. It is very important that there be the various gaming regulators in Australia. A that sort of financial control over and paper, which was brought out in May if my supervision of a very large number of bodies memory serves me correctly, looked at some which have of themselves the capacity to raise model legislation to try to deal with the issue of significant sums of money through their Internet gambling. That is fine up to a point, financial transactions. but the other challenge comes from the fact that the Internet is international. This is not just I wish also to comment on the an issue of trying to deal with the flow of consultation, which I appreciate, that I had with money across State borders in Australia. As a the Parliamentary Secretary, who indicated to result of the information technology revolution, me that the Treasurer will seek to move some there are really some dark clouds on the amendments during the Committee stage. I horizon for State Governments that rely heavily appreciated the opportunity to look at those on gaming revenues. amendments. As I indicated to him, I saw no problem with them. We will support those Dr Watson: That's why we've got to be a amendments, which have now been part of it. We're on the leading edge. circulated. In short, the Bill is non-contentious Mr HAMILL: In fact, we need to be a part and the Opposition supports its provisions. of it. Of course, information technology is really Mr HARPER (Mount Ommaney) putting the pressure on all jurisdictions. (4.12 p.m.): I support the Treasury Legislation Technology moves at a far greater pace than Amendment Bill. We appreciate the support of that at which the jurisdictions can enact the Opposition spokesman. The legislation legislation or produce regulations to deal with may appear to be purely mechanical and fairly emerging technologies. Therefore, we are minor, but it raises some important always a few steps behind. My real concern is considerations, some of which I wish to that we are falling even further behind. It is address. important that members understand how real those concerns are. As I said before, about The first amendment overcomes a minor 12% of our total revenue is derived from the drafting inconsistency. In relation to section 95, proceeds of racing, gaming and other headed "Direction by chief executive to activities, including the sorts of things authority holder to take action", the word canvassed in this Bill—Keno, gaming "require" has been changed to "direct". That machines and art unions. The only other point does not need any further explanation. that I would make in relation to the Bill is I turn now to the amendments in relation that—— to casinos and keno. A number of the operating provisions are dealt with, beefed up Madam DEPUTY SPEAKER (Miss and improved. The first amendment will extend Simpson): Order! There is too much audible the right to the Minister, in addition to the chief noise in the Chamber, including the gallery. executive, to delegate the Minister's powers. In Mr HAMILL: I am glad that I was doing that, we are also adding that the excluded from that ruling; I did not want to delegations of the Minister or the chief have to reduce my comments to a whisper. executive must be made only to an Government members, and in particular the appropriately qualified inspector or Leader of the House, would be disappointed appropriately qualified officer of the were I forced to do so. department. It is not being opened up willy- 3720 Treasury Legislation Amendment Bill 8 Oct 1997 nilly. The Bill will make sure that that that necessitates the taking of fingerprints. The delegation goes to suitable people who will legislation affects a person who applies for a carry out that function correctly. casino key employee licence or the ordinary Another very important aspect concerns casino employee licence, and also existing people who want to become associated with employees who for whatever reason cease to the operation of casinos. This change requires become employees. We have ensured that the Minister to cause investigations to be following an applicant's failure to pass an undertaken into a casino licensee and also entrance test or to be appointed, the into all persons associated or connected with fingerprints will be destroyed as soon as the ownership, administration or management practicable. That will ensure a person's right of the casino licensee to satisfy the Governor not to have his or her fingerprints on record in Council that such person or persons are anywhere where fingerprints really should not suitable. That sort of debate has taken place be held, given that person's standing in the many times over the years. Without doubt, community. Similarly, when a person ceases to both sides of the House fully support and be an employee, even though he or she may agree that anybody connected with the have worked there for many years, once gaming and casino industry within Queensland again, this legislation ensures that the has to be a suitable person. fingerprints will be destroyed and that they will be destroyed as soon as practicable after that I think it is a reasonable requirement that person ceases to be an employee. those persons provide enough evidence to establish their bona fides and that we are able I turn to another area with respect to to investigate those persons to ensure that casinos that fascinates me. When we walk into they are suitable and that the operations of these places we see cameras, which are our casinos do not fall into the wrong hands. supposedly hidden, located in the ceiling and That requirement is in line with the provisions so on to ensure the proper operation and the of Queensland's other gaming legislation. ability to check what has taken place. The Once again, what we have attempted to do legislation specifies very clearly under what here, as was done by my predecessor the circumstances those cameras may be placed Minister for Public Works and Housing in other and how they will be operated and controlled. pieces of legislation that he brought in, is to This Bill will allow new camera positions to be bring about consistency. He published White evaluated by the casino operator. A casino Papers in an effort to bring about consistency. operator will be allowed to vary the camera It is important that all of our gaming positions in a temporary way for the purpose of regulations be consistent. evaluation. However, permanent and other variations to the casino layout and the Dr Watson interjected. surveillance facilities by that casino operator Mr HARPER: As the honourable member will still be required to be submitted to the chief said, the Minister agrees. executive of the Gaming Commission in writing The proposed new section authorises also at least three days prior to the proposed the chief executive to investigate the suitability change. We are not opening it up helter- of an applicant for a casino key employee skelter and we are not opening it up to abuse. licence or a casino employee licence. In both This is simply being done in an effort to be cases, the chief executive will be responsible more practical. This will simply allow operators for that. Once again, we must ensure that not to undertake a trial and, if they are satisfied only the people who own and manage the with the trial, they would come back and apply casinos but also those who work for them are for the permanent change in the layout. of suitable character. We must ensure that our Another important aspect is the operation casinos are being run in a proper fashion. of casinos on Anzac Day. This is a matter of Such investigations would have regard to the importance to many Australians. We have applicant's finances, character and general seen some changes since I was a young suitability to perform the functions proposed for fellow, but we still preserve the spirit and the the applicant. This proposed new section importance of Anzac Day in regard to what regarding those employees is very similar to operations can take place. This includes the two previous ones about which I gaming operations. This amendment changes spoke—proposed new sections 20 and 30. the time at which gaming in a casino can I turn to an area of importance to an commence on Anzac Day from 1.30 p.m. to 1 individual's rights, that is, the taking of p.m. The new commencing time for casino fingerprints. Once again, as most people gaming is consistent with the times of gaming would agree, when we deal with employees of in clubs and hotels. Once again it is a matter a casino we need to have a proper record, and of having consistency in gaming hours. There 8 Oct 1997 Treasury Legislation Amendment Bill 3721 were extensive negotiations with the interested interpret or read the particular Act. With this parties, including the RSL and those involved provision we are clarifying the position and with Anzac Day ceremonies, before we went making it quite clear with the Nominal ahead with this. We obtained their agreement Defendant being established as a body to these provisions. corporate. This will ensure that people do not I move to the area of the claiming of lose any legal entitlements simply because prizes. This is something, unfortunately, that I they have not been able to interpret or easily have not experienced. We live in hope. read a particular Act and understand their Surprisingly, a number of Keno prizes—as with entitlements. Whilst this is a machinery-type Lotto and Golden Casket prizes, etc.—are not amendment, it is of importance to a number of claimed immediately, and sometimes are people to ensure that they understand that never claimed. We are tightening up the time they have their rights. period in which prizes may be claimed. A Keno As I said at the outset, these may be prize goes off, probably, every three minutes, mechanical but they are fairly important and in one year we are looking at thousands amendments that clarify positions and tighten of games. At the moment, records of these up the legislation to ensure that the public are games have to be kept forever because there protected and have their rights. I support the is no time limit to claiming the prize. This brings Bill. about an administrative nightmare. Hon. J. M. SHELDON (Caloundra— This amendment limits the time period to Deputy Premier, Treasurer and Minister for The five years in which a participant in a casino- Arts) (4.25 p.m.), in reply: I would like to thank based Keno game is entitled to claim a Keno the shadow Treasurer and my Parliamentary prize. I know that some people have raised Secretary, the member for Mount Ommaney, queries about this and I believe that the for their contributions. This is a Bill which tidies Treasurer will speak on the transition up a number of things. It is an important Bill. I provisions. This area has been covered by thank the shadow Treasurer for his support. legislation to ensure that those who won prizes The Bill makes minor amendments to a under the old open-ended scheme are number of pieces of Treasury legislation. It is a covered and given a chance to claim their general tidying up of a number of Acts. In prizes. particular, it tidies up the gaming Acts to bring Another area of importance is the ability them into line. I refer to the Casino Control Act, of management of casino operators and the and the Keno Act which provides for Statewide police to exclude people from casinos for a Keno. These amendments provide for the number of reasons. The original casino Acts destruction of finger and palm prints. Both allowed a fairly open-ended type of exclusion previous speakers have dealt with that matter right to the casino operator. This new section in some detail. This issue was also raised by provides that the casino operator or person in the Scrutiny of Legislation Committee, and the charge of the casino at the time can exclude a Government wrote to that committee today. person from entering or remaining in the The letter was not required by the committee casino. It provides specific grounds relating to until 17 October, but this Bill came on early. the integrity of gaming or the wellbeing of We have covered all these points with the persons in the casino. It has limited and committee. defined these matters rather than leaving The Bill also places a time limit on them open ended. claiming Keno prizes from casinos. This brings Obviously, when we move into Committee the Casino Control Act into line with the Keno the Treasurer will be moving the amendment Act in that the prize must be claimed within five which has been distributed. This amendment years. The changes that are going to occur will includes an extra class of citizen whom it may be advertised in casinos. People will be be desirous to exclude to ensure that casino advised that they have a period of time within patrons and employees are given the safety which to claim. If a person purchased a ticket they need. four years and nine months ago, that person The last area of this Bill that I would like to will have three months to claim the prize. look at concerns insurance. We are inserting a People will see these advertisements and new section 52(a) into the Motor Accident understand the situation. Most people play Insurance Act to clarify the position of the Keno on the spot. Moneys unclaimed will be Nominal Defendant under the Law Reform Act transferred to Unclaimed Moneys but may still 1995. This was deemed necessary because be claimed if proof is provided. some people had doubt as to how it would Anzac Day operating hours will now be operate. Some people found it hard to standardised between casinos, clubs and 3722 Treasury Legislation Amendment Bill 8 Oct 1997 hotels. This amendment has been supported insert— by all concerned parties. 'the person'. The shadow Treasurer brought up the At page 13, after line 6— question of Internet gaming. This is an issue which the Government is currently considering insert— in some depth. The Government is aware of '(c) the person has engaged in unlawful the possible impact that new technology may conduct and, because of the have on the types and nature of the gambling conduct, the person's presence in products which are popular with gaming the casino would not be in the players. We are currently reviewing ways in interests of the casino operator or which we can regulate gaming on the Internet persons in the casino.'." to ensure that our revenue is protected. We Amendments agreed to. recognise that gambling on the Internet will occur and we must ensure that operators will Clause 20, as amended, agreed to. be of an approved level of probity and Clauses 21 to 24, as read, agreed to. integrity. I was pleased to hear that the Clause 25— shadow Treasurer recognised that problem. I think that gives some support for what the Mrs SHELDON (4.32 p.m.): I move the Government is trying to work through in trying following amendment— to ensure that Queensland is not "At page 15, line 17, 'as soon disadvantaged by gambling on the Internet. practicable'— Mr Hamill: The point I was concerned omit, insert— about was the international aspect of it as well. 'as soon as practicable'." Mrs SHELDON: That is something we are Amendment agreed to. working at. I think all Australian States have an Clause 25, as amended, agreed to. interest in looking after their revenue base. We have an interest in looking after our revenue Clauses 26 and 27, as read, agreed to. base because under our current State taxing Clause 28— arrangements our ability to raise revenue is Mr ARDILL (4.32 p.m.): I have drawn extremely limited. That is why we raise revenue attention to this matter on previous occasions, by such things as gambling. If there is reform including the last time that the Motor Accident of the Federal/State tax laws, we can review Insurance Act was amended, but still nothing the very few methods that a State has has been done about it. I am talking about the currently at its disposal to raise revenue for the situation in which a person dies at the wheel very important work that it must do. I thank all and an accident subsequently occurs. The speakers for their input. innocent party who is struck by that vehicle Motion agreed to. which is no longer under control has no right to claim because the person who had been in charge of the car is no longer in charge of the Committee car as they are deceased. Unfortunately, while Hon. J. M. Sheldon (Caloundra—Deputy it may seem that this is a rare occurrence, it Premier, Treasurer and Minister for The Arts) in does occur and has occurred in recent times. charge of the Bill. One serious case occurred on the South East Freeway which resulted in the victim being in a Clauses 1 to 19, as read, agreed to. coma for six months, and at the end of that Clause 20— time that person had no right to claim whatsoever. I drew the Treasurer's attention to Mrs SHELDON (4.30 p.m.): I move the this on the last occasion that the matter was following amendments— discussed in the Parliament and still nothing "At page 13, line 2, 'the person'— has been done about it. omit. It is a serious miscarriage of justice when At page 13, line 3, before 'has this does occur and it is incumbent on the engaged'— Government to take steps to ensure that that innocent party does have the right to claim. insert— There is no difference between that situation 'the person'. and the situation of an accident involving an uninsured vehicle, an unregistered vehicle or a At page 13, line 4, before 'has vehicle that departs the scene. There is acted'— absolutely no logical reason why the person in 8 Oct 1997 Workplace Health and Safety Amendment Bill 3723 that situation should not have the same right WORKPLACE HEALTH AND SAFETY to claim. I deplore the fact that no action has AMENDMENT BILL been taken now that the occasion has arisen Second Reading to amend this legislation. I ask the Treasurer to consider the matter seriously and at the Resumed from 27 August (see p. 3282). earliest opportunity amend the Act to cover Hon. P. J. BRADDY (Kedron) (4.38 p.m.): this situation. I hope that the Treasurer will As we move to debate this amendment respond. Bill—amendments to the Workplace Health Mrs SHELDON: The member has raised and Safety Act—we do so at a time when we this issue before and I have discussed it with must recognise that the number of deaths, officers of my department—and I have just illnesses and injuries occurring in Queensland asked them now. It would require a major shift workplaces, as in the rest of Australia, is still in what is currently a negligence-based unacceptably high. Such a high number of operation. It is not a simple amendment; it is deaths, illnesses and injuries places a huge toll not something that we could deal with in a Bill on the families of this State and this nation such as this. There is some doubt as to and it places a huge cost burden on whether we could actually make amendments employers, on their workers, on the hospitals—particularly the public hospitals of when it is based on the question of Australia and Queensland—and on the social negligence. However, if the member would security system. like, I will get my officers to brief him on it so that he can have some input. They can In September 1995, the Industry discuss with him the situation as it currently Commission produced a report into workplace stands and the possibility of a change, but I health and safety after an inquiry into understand that that would have to be a occupational health and safety. The inquiry significant change. found an unacceptably high incidence of injury, illness and disease occurring in the Mr ARDILL: I thank the Treasurer for her Australian workplace. It found that, in each concern. However, while I admit it is a change year, workplace injury and diseases have a in the situation from the position of negligence, greater impact than many Queenslanders and the same thing occurs when the person is not Australians appreciate; that each year in only negligent but also leaves the scene or the Australia around 500 people die as a result of vehicle is unregistered or uninsured. It is a traumatic injury at work. Unfortunately, similar situation. It is not something that is Queensland has its share of those in going to bankrupt the State because, as I say, proportion to our population. I understand that, it has occurred and does occur but it is not a each year, Queensland has something in the common occurrence. I do not believe that order of 100 fatalities as a direct result of there is a radical difference between the traumatic injury at work. That is an person who has died at the wheel and the extraordinarily high figure in a sophisticated person who has no insurance or leaves the society such as Queensland. We also find scene. It is not a matter of negligence; it is a that, each year in Australia, between 650 and matter of not accepting responsibility, and the 2,200 workers die as a result of occupational same thing occurs here. cancers—the majority from exposure to Mrs Sheldon: Would you like to have that hazardous materials. So the number of briefing? workers who die as a result of these occupational cancers is up into the Mr Ardill: I don't think that I need the thousands—not since the last inquiry, but each briefing; I think you do. year. Mrs Sheldon interjected. The report also found that up to 650,000 Mr Ardill: I would welcome that, thank workers, or one in every 12 in Australia, suffer you. injury and illness from work each year and almost two-thirds of those would have to take Clause 28, as read, agreed to. time off work. So on the basis of Queensland's Clauses 29 to 37, as read, agreed to. population, we are probably talking in terms of about 110,000 workers per year who suffer Bill reported, with amendments. injury and illness, and two-thirds of those take time off work each year. When talking about Third Reading those dying as a result of occupational cancers, we are talking in terms of figures of Bill, on motion of Mrs Sheldon, by leave, up to 400 people in a single year in the State read a third time. of Queensland. 3724 Workplace Health and Safety Amendment Bill 8 Oct 1997

The report also found that males make up mining, transport, construction and agricultural 50% of the work force but that 94% of industries. traumatic fatalities—over 500 a year in The report found that at any time the Australia—occur among men. It also found accumulated effects of work-related injury and that workers with a non-English-speaking ill health mean that up to 140,000 workers in background have a risk of traumatic fatality Australia cannot work at full capacity at any which is four times that of the work force as a one time. It also found that over 270,000 whole. Of course, we have to understand the workers have had to reduce permanently their background to that and wonder to what extent hours of work or change their jobs, and about literacy and the ability to understand the 200,000 persons at any one time are language play their part. That is also a prevented from working at all. These statistics significant factor for all authorities that are in a country of our size are unfortunately too looking at what has to be done in the future to dramatic. There is nothing to indicate that bring that risk down to much more acceptable Queensland does not have its proportion of levels. That workers with a non-English- those problems. In fact, the statistics bear that speaking background have a risk of traumatic out. fatality which is four times that of the rest of our society is a very serious matter. It indicates We know also from the 1995 report that, clearly that the authorities, the inspectors and of those who are unable to work at all, over all of us have to do better in terms of 85% have been unemployed for more than a protecting people whom we have invited to year and almost 35% have not worked for over migrate to this country and work in this country five years, and their average income is $9,500 and yet who are suffering significantly high a year. We therefore know that serious injuries, numbers of fatal injuries. particularly those that mean that people have been unemployed for more than a year, have Mr FitzGerald: Is it because they are in an enormous social impact on the workers occupations that are more dangerous? Do you themselves, on their families and on the have other native-born Australians in those community. A great proportion of funds will same industries who have the same accident have to be directed by our society to these rate? people. Clearly, from a socioeconomic point of Mr BRADDY: We have to make sure that, view, apart from a humanitarian point of view, to the extent that it is only through their lack of the more that can be done to reduce injuries English skills that they are suffering fatal and disease, but particularly serious and injuries, that number can be reduced. Certainly traumatic injuries, the greater impact it will to some extent, particularly in the early years have on reducing the cost to society of the of migration, there would be more of them per support of people who are seriously injured. capita working in the dangerous industries. I believe that there is a great deal of However, I believe that, in modern Australia, unanimity and consensus across Australian that would be less and less so. It would be society today in relation to these matters. something that one would have expected to There is, of course, some debate about find very much in the fifties and sixties and methods of achieving better results. However, I maybe into the seventies. However, there is detect in the Australian community on all sides some evidence that the lack of knowledge of of politics and in all socioeconomic areas a English is contributing in some way. Clearly, we greater degree of humanitarian goodwill and a all have an obligation to do something about greater determination to achieve better results. that. We certainly cannot be complacent in relation We also know that the risk of traumatic to this, and we must continually redouble our fatality from work rises with age. For older efforts to ensure that we are in fact improving. people, particularly men—because they suffer The report also found that work-related 94% of the fatal injuries—the risk increases. health problems affect people in their Again, we have to look at our systems and retirement. Up to 300,000 persons over the make sure that the systems are being set up age of 65 are estimated to be suffering from in such a way that care is offered for the them. Many of those people would not receive ageing in the work force. We know also that the high degree of pay that many professional the industries with the highest risk of fatality footballers now receive. They get a fair bit of are mining, transport, construction and publicity about their injuries in their retirement. agriculture. Again, when looking at the future Arthritic changes are being predicted in the of avoiding workplace injuries and workplace bodies of many footballers from the four fatalities, we have to make sure that our efforts different codes that are played in this country, in all respects are particularly directed to the and very large salaries are being paid to those 8 Oct 1997 Workplace Health and Safety Amendment Bill 3725 people. They receive the publicity but, in a to act effectively to reduce the number of sense, they have also taken on an occupation accidents at work, to ensure that conditions at involving bodily contact which they know will, in work do not produce disease and to reduce many instances, bring about arthritic change, the number of fatalities, injuries and diseases and they are highly paid for it. in view of the enormous and social and Mr Santoro: It's really their choice, isn't it? economic cost that is occurring in Queensland and the rest of Australia. Effective action Mr BRADDY: In a sense they have includes relevant enforceable legislation and, chosen it. We respect the opportunity for the we believe, fines and penalties that act as a sports industry to try to reduce that. Of the deterrent to those who choose to ignore the 300,000 persons over the age of 65 who are law. It is therefore clear that relevant estimated to be suffering from work-related enforceable legislation must be developed. If it health problems, only a few of those would is to be developed properly, it must be have been highly paid footballers. Highly paid developed in consultation with those who have footballers only came about in the past few an understanding and knowledge of what are years. Many people have taken into their the real conditions in workplaces. We need to retirement injuries for which they received not place clear obligations on employers, particularly great remuneration but perhaps a particularly in the manufacturing and degree of honour and adulation. construction sectors, and also on workers to When we consider the numbers stated in ensure that workers take adequate care not the Industry Commission report in September only of themselves but also of their fellow of 1995 on workplace health and safety, which workers. I have just cited to the House, we see that The Workplace Health and Safety Act injury, work-related fatality and disease are introduced in 1989 marked a real turning point highly significant factors in Australian society. in health and safety legislation. The Act was Therefore, it was no wonder that, when Mr Jim subject to a rigorous review process and was Kennedy was writing for the Minister and this significantly altered in 1995. This Bill makes Government his report relating to workers' further amendments to the current legislation. compensation, he pointed out quite rightly that When we consider this particular Bill, we have Queensland would have to do better in relation to have several questions in our minds as we to prevention of injury, trauma and disease at examine its relevance and capacity. Will the work and that this Government and the people changes proposed improve the level of in the society of Queensland had an onerous workplace health and safety in this State? Will responsibility to do better and to face up to the the changes make the obligations of fact that we were not doing as well as we employers and others more straightforward, should in relation to workplace health and more easily understood, more relevant and safety. That report backed up the information more enforceable? When breaches occur, will that was coming to the Opposition from our they be obvious not only to the workers but association with workers, trade unionists, also to the employers and to society bosses and employers who are concerned generally? Will the legislation truly reflect the about this issue. reality of workplaces? Will it truly show what The fact that we have higher workplace occurs in the way that workers themselves and health and safety standards than some of our their representatives know only too clearly from competitors in world trade should not be a their experience in the workplace? After matter of too much self-congratulation. Some considering the legislation in the light of those of our competitors have only recently applied questions, I inform the House that we support themselves more diligently to this issue. The the legislation, not because we are totally fact that we have better conditions and better satisfied with it—in fact, I foreshadow some safety standards than they have is not amendments that we believe will improve the unexpected. After considering the figures that I legislation. have just given, it becomes clear that we as a The general intent and purpose of the society should do much better. The fact that legislation are such that we will not oppose the around 500 people a year die from traumatic Bill on the second reading. We have indicated injury at work in Australia is a quite to the Minister several matters that we would extraordinary figure. That another 2,000 prefer to see written into the legislation, and people die as a result of occupational cancers we have foreshadowed amendments about is another very extraordinary and worrying those matters. Even though the Minister has figure. indicated general philosophical agreement, we Governments in Queensland and believe that those matters are so important elsewhere in Australia have a clear obligation that general philosophical agreement is not 3726 Workplace Health and Safety Amendment Bill 8 Oct 1997 enough. We believe that it is very important should be bolstered, subsidised, supported that the legislation provide that workers, their and made absolutely clear by the specifics of unions and their organisations be an integral the legislation. No legislation or activity in this part of the movement for workplace health and area will succeed unless all of the parties, but safety. We believe that the amendments that particularly the employers and the workers, are we foreshadow will be important in that regard. given an equal and secure place in the future Every time we debate workplace health and of occupational health and safety and safety legislation and discuss it in the workplace health and safety. Parliament, it is very important that the I note that, in his second-reading speech, principle be established that all concerned the Minister indicated that the Government parties work together to develop workplace intends to continue the involvement of all health and safety legislation. It is absolutely parties. The Opposition applauds and accepts vital that that principle is stated in the that. However, we believe that that should be legislation itself and not just in speeches inside made clearer in the legislation. I indicate that and outside the Parliament and in preambles the Opposition will be moving amendments to the legislation. which it believes are appropriate to bring home We believe that, as exists in many areas more clearly the Government's intention and of industry and in matters relating to industrial the intention of society in relation to this relations, there must be true tripartite matter. It is certainly very much a matter that consultation between the Government and the Opposition takes very seriously, particularly Government workers, the unions and the as it has traditionally played an important role workers, and employers and employer in Queensland and Australian society in representatives and their organisations. We speaking up for the workers and making sure believe it is absolutely imperative that the that the trade unions that support the workers legislation reflects the importance of this have a real opportunity to use their experience tripartite process and that, if possible, there and expertise. No-one would be surprised that should be agreement about what should be in the Australian Labor Party, with its contacts the legislation and that there should be a and involvement with the trade union and coordinated approach in distributing and worker movement, would take these matters publicising the legislation. seriously. My work as shadow Minister has certainly I suggest to the Minister and the convinced me that the union movement is very Government that the amendments that the concerned about publicising and distributing Opposition intends to move are in the spirit of information about workplace health and safety. the legislation. The Opposition accepts the It is also very concerned about researching legislation but believes that it should be how to improve workplace health and safety. improved significantly. For example, since it is In recent years, the union movement has the Government's intention to allow the made giant strides not only in criticising involvement of both employers and workers on employers and employer organisations where the board, and particularly unions representing it believes that such criticism is warranted but workers, the Opposition believes that this also in actually doing something in terms of intention should be clarified and formalised in research and becoming involved. I believe that the amended Act, as is now the case. these days that input is recognised by the As I say, unions and workers can make a community generally. significant contribution to workplace health and Under the workplace health and safety safety. For example, in the course of their legislation, the tripartite structures will operate duties, union officials visit hundreds of through the Workplace Health and Safety workplaces—in fact, I could say thousands of Council and the workplace health and safety workplaces. Many unions are actively involved industry committees. The role of Governments, with their members and in the course of their unions and workers and employers and duties they visit these workplaces. Therefore, employer associations should be recognised in they and the people they represent the Act and due recognition given to their understand very intimately how decisions importance. The Opposition is concerned that about workplace health and safety affect the legislation in its current form does not give workplace conditions. They understand very sufficient recognition of the tripartite structure. readily how a failure to have a proper system It is important and should be a formal part of of inspection and a sufficient number of the legislation. Speeches have been made inspectors available will undermine good about how that will be done and indications in workplace conditions. Indeed, union officials general terms have been made. Although the are often involved in accident investigations. tripartite structure has its place, its place Therefore, they have an even greater 8 Oct 1997 Workplace Health and Safety Amendment Bill 3727 opportunity to understand the causes of injury matters that can affect society. Therefore, and disease. whilst the majority of employers are It is well known that in our system of honourable and decent people, there are common law in this country there is a some unscrupulous employers just as there longstanding and valid tradition that people are some unfair workers. The Opposition who are injured at work are not only able to believes that with legislation of this kind one recover workers' compensation but are also has to work on the basis that some employers able to institute damages actions for are unscrupulous. It is a fact of life that I am negligence either by the employer or by fellow sure will not change in our lifetime. Therefore, employees at work or because of an unsafe the Opposition believes that to remove parts of system of work. That is a system that we in the workplace health and safety legislation and Labor Party particularly fight to preserve. replace them with industry codes that have Recently, we did so in the context of proposed only evidentiary status would be a backward changes to the workers' compensation law step; in effect, it would be a move to the bad which would have had a deleterious effect on old days of no regulation or deregulation. the ability of workers to sue. We make no We have to be careful not to get on the apology for that now, just as we made no bandwagon of deregulation. In a society where apology for it at the time we fought, and there are so many deaths and injuries at work, fought successfully, to stop that ability being it is unfair and silly, not only for the workers but reduced. In the context of the number of also for the economy, for us to believe that injuries and problems that occur at work, which deregulation is the way to go. Clearly, it is not. I outlined previously when I referred to the The Opposition is concerned that, by replacing report of the Industry Commission, it is clear advisory standards with industry codes of that we in the Labor Party were right to so fight practice, this legislation is moving in a way that because we are a long way from being a is not as appropriate as it should be. society that has so few injuries that it could be The Opposition understands that, at the in any way sanguine or relaxed about the Division of Workplace Health and Safety, the future of workplace injury. inspectorate already has trouble in enforcing Unfortunately, because of the number of the law and making prosecutions stick. That is injuries that occur at work and the situations in fairly obvious from the statistics and it is which they occur, union officials are often certainly what has been reported to us. involved in accident investigations. They have Therefore, we believe that industry codes of a very great understanding of the causes of practice, if they are to be taken seriously and if injury and disease. Clearly, that understanding they are to ensure that proper standards are is of benefit not only to the worker who has maintained within the workplace, must be been injured and the worker's legal advisers given the same legislative force as advisory but also to the community and to society. standards. Of course, there is no point at all in These union officials and worker spending time and money developing representatives should be available to give legislation that no-one has to obey because their knowledge to the community through the the evidentiary standards in the legislation are boards and councils and committees set up in such that responsibility can be avoided in the relation to workplace health and safety. It event of an incident recurring. The Opposition would be a very bad day for Queensland will be moving amendments to the Bill to give society if the ability of those officials, industry codes real power and the chance to experienced as they are in investigations, to enforce proper standards of safety in the contribute to the future of workplace health workplace—proper standards that can be used and safety was reduced in any way. Therefore, as a judge when incidents that lead to injury or the Opposition is proposing amendments to death do occur. the Bill so that what we believe to be the In Queensland we need legislation that current provisions that formalise the tripartite will protect people, as far as legislation can, involvement will be maintained. from being injured at work. We need legislation The Bill also proposes that industry codes that will be taken seriously by those in control of practice be developed in place of advisory of employment at workplaces and by the standards. In principle, we have no opposition employees themselves. We need legislation to industry codes of practice. However, we are that is not only enforceable in theory but is determined that those codes of practice must enforced in practice. We need the involvement have the force of law behind them. of all parties who have knowledge of the Unfortunately, unscrupulous people ignore workplace and an interest in workplace health legislation, whether it be legislation relating to and safety. It is certainly true to say that in criminal activity, traffic matters or other serious Queensland in recent years relatively large 3728 Workplace Health and Safety Amendment Bill 8 Oct 1997 resources have been allocated to try to get we must produce standards in simple English better development in this area. Those so that they can be understood by all standards now need to be implemented. We employers and workers. Of course, we must do not need the standards to be reviewed, we ensure that workplace standards will stand up certainly do not need them to be rewritten and, in a court of law. Finally, we must enforce the above all, we do not need them to be standards. If we enact legislation that will stand downgraded. Therefore, we cannot accept a up in a court of law, it is of no value if we do situation where advisory standards that have not have the ability, the capacity, the will and power, activity and enforceability are removed the determination to enforce those standards. and replaced with industry codes of practice In his second-reading speech, the that do not have those elements. Minister said that workplace health and safety The Opposition believes that, as a matter performance has improved substantially in of principle, most workplace incidents and recent years and that, for example, there has diseases are not only unacceptable but are been a 30% reduction in the rate of mostly preventable and, indeed, are relatively compensated lost-time injuries in Queensland. easy to prevent. Therefore, we need relevant Our belief is that, in reality, the workplace does legislation that is developed in consultation not support this claim of a 30% reduction. The with concerned and knowledgeable parties. improvement in workplace health and safety is We ask the Government to look at the real in some instances, but in other cases it is amendments that the Opposition will be nothing more than a decline in the ability of proposing with that in mind. We also need workers to claim workers' compensation. The inspectors in the workplace to enforce changes to that system are such that the legislation, in the context of legislation that can statistics now cover up instances where injury be enforced. and illness are still occurring. In his report, Mr Kennedy made it very In our opinion, there is no substantial clear Queensland could do far better in relation evidence of a significant improvement in to workplace health and safety in terms of both workplace health and safety. There are the legislation and compliance with it. As I certainly improvements in some areas and have said, over 100 Queenslanders die each places, but we have not made a significant year in workplace accidents. The much larger and radical breakthrough in improvements in number who die from diseases caused by this area. We believe that Governments must exposure to hazardous substances in the fund workplace health and safety at a realistic workplace is harder to record, but we know that level. There is evidence now that expenditure it is significant. We know that at some time is declining. I join with Mr Kennedy, who stated one in every 25 workers will claim workers' in his report that we have to do better. compensation for an injury suffered at work. Therefore, we have to make sure not only that Those statistics have to be improved. We we spend money but also that money is spent believe that the vast majority of workplace in an effective manner, with the emphasis on injuries and illnesses are caused by hazards enforcing the law. that have not been controlled and that could have been controlled. The more hazardous We believe that over recent years, the workplace, the higher the incidence of although significant sums have been spent by work-related injury and disease. The the Government, unions and employers on Government has a responsibility to ensure that legislative development and review, many of workplace hazards are controlled and that these standards have not been implemented workers are protected. by some employers. The emphasis and determination now should be on getting the I will indicate some further principles that existing legislation to work. The standards should be enshrined not only in the legislation which exist should be enforced through the but also in our activities. We must face the expansion and effective use of the reality that we should increase expenditure on inspectorate. Changes to legislation and workplace health and safety and target standards should be limited to those areas expenditure in those areas that I have which are shown not to be covered or to mentioned before maximum benefits will be address problems of being able to enforce the gained. We must enact standards that law. address the main hazards to which workers are exposed and we must enact standards that We believe that workers should be cover all workers in all industries. In the context guaranteed an equivalent level of health and of what I have said about the significantly safety no matter what industry they work in, higher degree of fatal accidents involving and that the introduction of industry codes of people of non-English-speaking backgrounds, practice, to be followed at the discretion of the 8 Oct 1997 Workplace Health and Safety Amendment Bill 3729 employer, heralds the return of the old system representatives are involved in developing whereby some industries and workers will be standards through the process, and they covered and some will not. We believe that all disseminate information to their members. We workers must be covered by health and safety will not stand by and allow that to be broken legislation and enjoy a similar degree of down. That is why we will be moving the protection. In addition, even where standards amendments that we have foreshadowed. We are set for a particular industry, it is unlikely also believe that the employer organisation that those standards will be able to cover all should continue, along with the trade unions, workers in that industry. For example, the to be recognised as central to the manufacturing industry employs clerical development of workplace health and safety workers, cleaners and so on. Once again, all standards. workers must be protected under workplace Structures that currently exist should be health and safety legislation in a similar substantially retained in order to facilitate and manner. This applies even if industry codes of retain the involvement of workers and practice are given equal legislative status to employers. Therefore, the abolition of tripartite advisory standards. We believe that the processes and principles in the selection of existing advisory standards must be board and standing committee members that maintained, because there will never be codes currently exist under health and safety of practice for every industry. legislation will be an impediment to reducing Given the large amount of time and effort work-related injury and disease. Tripartite that has gone into the development of representation is the foundation of successful workplace standards, the legislation must be self-regulation. The Robens committee report, enforced. That means that the inspectorate on which Queensland health and safety should be expanded, that action should be legislation is based, states— taken to ensure that competent inspectors are "... user interests in this field—that is to not lost to private enterprise, and that the say the organisations of employers and employment criteria for inspectors should workpeople ... must be fully involved ... A recognise on-the-job experience as well as principal theme of this Report is the need academic qualifications. Penalties must be of for greater acceptance of shared a sufficient level to act as a deterrent and, responsibility, for more reliance on self- furthermore, penalties must reflect the inspection and self-regulation and less on seriousness of the breach and not just the state regulation. This calls for a greater seriousness of the outcome. degree of real participation in the process Therefore, we will be moving of decision-making at all levels." amendments during the Committee stage to What we are supporting in this legislation is upgrade the penalties to the maximum extent that real principle. We believe that our possible under the legal system. Bearing in amendments will strengthen it. It is on the mind that the law in this instance is enforced in basis of our foreshadowed amendments that the Magistrates Court, we believe that as the we will support the legislation. penalties available by way of penal Mr RADKE (Greenslopes) (5.26 p.m.): punishment are so relatively low in the The Workplace Health and Safety Amendment Magistrates Court, for the most serious Bill 1997 comprises a host of reforms that will offences of this nature the maximum possible simplify the State's workplace health and punishment should be applied. That is not a safety laws. The Minister for Training and long period of imprisonment compared with Industrial Relations has listened to the pleas of what can be given in a District or Supreme the stakeholders for these to occur, and he is Court hearing. Certainly, there is no justification to be commended for acting on their concerns. for having anything less than the maximum in relation to the jurisdiction of a magistrate. The amendment Bill makes provisions for industry-based codes of practice as a way to As I said, historically workers and trade reduce the volume and complexity of unions have been a major force in improving workplace health and safety legislation and the health and safety performance of standards. This is particularly good news for Queensland workplaces. This has been small business. There is no doubt that the achieved by working to have new laws enacted legislation and standards need simplification. or old laws improved. Historically, it has been After all, the finest legislation and standards the workers, their unions and their are of little use if they are too complex and representatives in the Parliaments of this voluminous to be implemented in the country that have brought about the most workplace. It is envisaged that the codes of beneficial changes. Currently, union practice will give industry and the community 3730 Workplace Health and Safety Amendment Bill 8 Oct 1997 greater involvement in the standards-setting The reduced fee and reduced red tape process and even greater ownership. have enormous benefits for industry. The streamlined system will also mean that Industry codes are not a new concept. workplace health and safety inspectors are The hairdressing industry, in conjunction with relieved of administrative work so that they can the Workplace Health and Safety Division, concentrate on safety. This will enhance produced an industry code of practice in line workplace health and safety services to the with the Workplace Health and Safety Act industry to help it combat workplace injury. The 1989. The hairdressing industry code is still in success of the streamlined fee collection use today. Rural industry also developed system may open the door for workplace codes of practice relating to rural plant and health and safety fees to be integrated into rural chemicals. The two codes have proved so other industry collection systems. This will successful that the l995 Industry Commission's share the cost and administrative savings of a Inquiry into Workplace Health and Safety used more efficient collection system with other the rural codes of practice to illustrate good industry sectors. industry-specific workplace health and safety standards. There is no doubt that the codes It is yet another way in which the State have been instrumental in rural industry's Government is reducing costly red tape, significant reduction in fatal injuries on particularly for small business. From February, Queensland farms. all Queensland workplaces with fewer than three people will be exempt from paying The establishment of codes is sure to workplace registration fees and from pave the way for other industries, comprising completing registration paperwork. The change mostly small business, to simplify workplace will bring the total number of low risk and small health and safety laws and reap the rewards. workplaces exempt from the fee to around Likewise, the consolidation of compliance 71,000. This is good news for small standards into the new regulation will simplify businesses seeking ways to cut the red tape industry's workplace health and safety and get on with business. requirements. It will create one access point for In this case, a combination of initiatives all the mandatory requirements currently has created an innovative package that will detailed in different compliance standards and undoubtedly simplify the regulations and the regulation. standards and cut through red tape for the As part of its 1997-98 Budget, the benefit of all industries. The review of the Queensland Government promptly adopted Workplace Health and Safety Program some very significant recommendations proposed a series of reforms designed to proposed by the review committee. Those simplify Queensland's workplace health and recommendations were about reducing red safety laws and cut red tape. I commend the tape and fees, especially for small businesses. Bill to the House. The first initiative to cut red tape was the Mr ROBERTS (Nudgee) (5.33 p.m.): The establishment on 1 July 1997 of a new high toll of workplace injury and accidents has streamlined collection system for the workplace been outlined by a number of speakers in this health and safety notification fee for building debate. I might make brief reference to that. and construction work. Industry has been very Based on Industry Commission estimates, receptive to the new system which saves time, approximately 500 Queensland workers die paperwork and money for the building and each year from workplace injuries and construction industry. By integrating the approximately 110,000 workers suffer injury or workplace health and safety fee collection into ill health from workplace exposures. The the Building and Construction Industry number of work-related deaths in Queensland (Portable Long Service Leave) Authority's levy continues to be unacceptably high and to be a collection system, a single form and fee, major problem. WorkCover Queensland figures payable at any post office, was achieved. It for the last four years show that in 1993-94, created a one-stop shop for the fee and levy. 149 Queenslanders died as a result of work- As well, a 12% cut in the fee for notifying related accidents; in 1994-95, 161 died; in building work was provided. It is a fairer system 1995-96, 135 died; and in 1996-97, 136 died. that is expected to increase compliance with The tragedy about this is that most workplace the requirement to notify building and death, injury and illness is caused by construction work under the Workplace Health workplace hazards that have not been properly and Safety Act. Three months on, I am controlled or, indeed, eliminated from those advised that the new streamlined system is workplaces. The other tragedy is that most of working well. those incidents could have been prevented. 8 Oct 1997 Workplace Health and Safety Amendment Bill 3731

In his second-reading speech the Minister emphasis on various aspects of the Robens states that there has been a 30% reduction in recommendations. For example, with respect compensated lost time injury since 1989. to workplace health and safety Whilst we can all argue about the statistics, the representatives, Victoria moved to allow such facts are that they are all too high and are all people to stop the job or to stop work in cases able to be reduced. In my view, a significant where there was a serious threat to a worker's proportion of the claimed reduction can be health and safety. But, to my knowledge, this attributed to the fact that many workers are power was not adopted in any other now ineligible to claim compensation as a jurisdiction, and certainly not here in result of recent changes to the Act. For Queensland. However, I will indicate that I am example, claims for the first five days of an aware of one instance in Queensland in which injury would be excluded. Many injuries and it was adopted. That was in an agreement illnesses which would have a significant impact which I had the privilege of being a party to on the recorded number of lost time injuries negotiating with Queensland Rail under the have been deemed as being ineligible under auspices of the previous National Party the new definitions in the Act. Whilst we should Government. The right to stop the job was applaud any genuine reduction, that reduction included in that agreement. I might add that must be based on reality and not fudged that quite important power was not abused by figures, which I fear might be the case in this the delegates who were entrusted with it. instance. One thing is clear, however, and that is There can be no argument with the that over the past decade there has been a overall objectives outlined in this Bill. The much greater focus across-the-board, as a prevention of death, injury or disease should result of this new style of legislation based on always be our goal but, as always, the real Robens, on identifying and working towards debate is about the way in which this objective the elimination of workplace hazards. The can best be achieved. awareness of health and safety issues has certainly grown over this period and the direct Over the last 20 years or so most involvement of workers and their unions has Australian States have adopted legislation that had a significant impact in this regard. Unions has been heavily influenced by the realised some time ago that health and safety recommendations of what is referred to as the was an industrial issue of immense importance Robens report. The Robens report arose out of and their efforts, particularly in ensuring that a report prepared by a committee headed by workplace health and safety representatives Lord Robens from the British House of Lords in were appointed in many workplaces, and their 1972. That report has influenced a great deal efforts in educating workers about the of Australian legislation and also legislation in elimination and control of workplace hazards many other parts of the world. have significantly improved workplace health In essence, the Robens approach, as and safety standards in many workplaces. outlined in the report, is as follows: firstly, it I might just take the opportunity at this recommended a simplification of the legislative point to acknowledge the excellent work, requirements placed on employers and research and training contributions that have employees, mainly through the codification of been made in that regard by organisations many pieces of legislation into one overarching such as Safe Work Queensland and also the Act; secondly, the introduction of consultative Queensland Worker's Health Centre. Again, mechanisms which enabled industry, with those matters that I just raised in mind, I particularly workers, to have more direct input am particularly disturbed by the downgrading into the monitoring and control of workplace of worker involvement in the consultative hazards; and, thirdly, it placed more reliance processes set out in this Bill. I will deal with this upon self-regulation than on prescriptive matter in a little more detail later. It will, of regulations and standards. Whilst that course, be the subject of amendments to be particular issue has been adopted to varying moved by the shadow Minister, the member degrees by various jurisdictions across the for Kedron. country, I believe that there are still some particular problems with that recommendation I will deal now with a few issues arising as it has been adopted in this legislation and generally out of the provisions of the Bill. As I as is the trend in other legislation throughout have mentioned, the role of worker this country. representatives in the consultative framework is one of extreme importance. The current Act The Robens approach has achieved provides for worker representatives on the varying degrees of success, as the States in industry committees that are to be established Australia in particular have put different and also the Workplace Health and Safety 3732 Workplace Health and Safety Amendment Bill 8 Oct 1997

Council. This Bill gives no such guarantees, involvement of workers in the process of although the Minister said in his second- raising standards of workplace health and reading speech that it is the intention of the safety in all workplaces. Evidence all over the Government to maintain the current tripartite world points to the fact that it is almost arrangements on these committees. If it is the impossible to make any real progress in intention of the Government to maintain them, improving workplace standards without the why not guarantee it by an appropriate direct and guaranteed involvement of workers reference in the Bill? There is an old proverb and their representatives. Why then would the which says that the road to hell is paved with Minister propose such a retrograde step which, good intentions and roofed with lost to my understanding, is not one of the opportunities. recommendations that arose from the review Mr Santoro interjected. into workplace health and safety in this State? Mr Braddy: Just ask Ray Dempsey. It is worth quoting again from the Robens report on the issue of worker participation. It Mr ROBERTS: That is right. The member says— opposite should just ask Ray Dempsey about how solid the road to hell is. I am concerned "We believe that if workpeople are to that the stated intentions of the Government, accept their full share of responsibility ... particularly in the anti-union climate they must be able to participate fully in encouraged by this Government and this the making and monitoring of Minister, will not result in appropriate worker arrangements for safety and health at representation on the consultative their place of work." mechanisms established under the Bill. This approach recognises that, if we are going I thought that I might be overreacting on to enhance and facilitate the workplace culture this issue until I re-read parts of the Minister's towards addressing workplace health and second-reading speech. When talking about safety, we must ensure involvement and the consultation undertaken through the participation by workers as they are the ones review that led to many of the changes that we who will bear the brunt of the horrific rate of are dealing with today, he mentioned all and injury currently being experienced. sundry, but there was not one mention of the I wish to raise one other point about this significant contributions made by the union issue. Clause 44 of the Bill inserts a couple of movement with respect to that review. Despite new sections regarding industry sector its enormous contributions and, indeed, the standing committees. Under the Bill, these detailed submission that it made in the review, committees have a range of functions, the Minister could not bring himself to mention including examining the need for setting the word "union" in his speech. workplace standards and recommending to Mr Ardill: He hates unions. the board who should sit on any working party that may be examining a particular hazard Mr ROBERTS: I suspect that he does, within an industry. If the workplace health and and that is the only explanation I can give. I safety board and industry committees are not think that that partly explains why worker established with guaranteed worker representation has fared so poorly under this representation, these important working parties Bill. are even more likely not to genuinely reflect Mr Santoro: What about employer the interests of workers whom any resulting representation? Has that fared any better? standards are purported to protect. On the basis of these arguments and others put Mr ROBERTS: I think it is important—— forward by the shadow Minister, I urge the Mr Santoro: Answer the question. Minister to reconsider this issue and accept Mr ROBERTS: I am going to answer. I that it is necessary to guarantee worker and think it is important that the Bill expressly says employer representation on the committees that both employer and employee being established under the legislation. representatives should be included on the Mr Santoro: Are you still on that? Have various committees; it should be both. It is you got nothing better to talk about? extremely important that worker representation Mr ROBERTS: Yes, I am still on it, is guaranteed in this Bill and in the Act. That is because it is such an important issue. Not only essential to maintain the integrity of the am I am sticking up for worker representation consultative processes established under the but also for guaranteed employer Bill. representation, which the Minister has also The key recommendation of the Robens chosen to ignore as a specific entitlement inquiry was aimed at ensuring the guaranteed under the legislation. 8 Oct 1997 Workplace Health and Safety Amendment Bill 3733

The other issue that is extremely certainly afford these people. Small important is the status of the new industry businesses want certainty; they want to know codes of practice which are to be developed precisely what they need to do to meet their by these industry working parties. It is the obligations under the Act. Unfortunately, with a intention of the Bill to shift emphasis away heavy emphasis being given to industry codes from advisory standards to industry codes of of practice, that element of certainty that they practice. The current advisory standards require and need is sadly lacking. My provide a defence to any prosecution for an experience is that the most effective way to alleged breach of a health and safety assist small businesses in relation to matters obligation under the current Act, and that will such as workplace health and safety—and remain under the new provisions. However, they are the real battlers in the business given the displacement of advisory standards world—is to provide them with the prescribed in favour of codes of practice, I am concerned way to manage the problems with which they that these documents will not afford the same and their workers are confronted. protection to employers or, indeed, I want to raise one final issue which I employees. Therefore, we need to amend the believe will also require some further Act so that these codes will be afforded the consideration as the operation of the Act same status as advisory standards, that is, unfolds. This issue relates to the role of that they will provide some form of defence to workplace health and safety inspectors. On any proceeding. page 16 of the review, which was tabled in this Giving the codes the status of having Parliament, it says— evidentiary standing only weakens them in my view. Firstly, employers, particularly those in "... inspectors need to complement the small business, will be uncertain of what they advisory services being increasingly are required to do to fulfil their obligations delivered by private providers." under the Act; and, secondly, workers will have In effect, it is stating what has been happening weaker documents to try to enforce at the in recent years, that is, that inspectors are workplace level. Further confusion may arise more and more frequently giving advice and due to the potential for overlapping conflict acting in an advisory capacity to industry in with an advisory standard. Who is going to relation to how to address concerns about advise the small-business person of where health and safety in their workplaces. A conflict there is any overlap? Do they need to have arises in the dual role that is increasingly being copies of both documents available to them to assigned to inspectors. On the one hand, the ensure that what they are doing is sufficient Bill upgrades the penalties that inspectors can and in accordance with the requirements apply, and their ability to issue penalties to under the Act? Putting a provision in the Bill complement those already existing in the Act. which says that advisory standards will prevail In that regard I welcome the initiative of the is an admission that such confusion is likely to Minister to introduce on-the-spot fines into the occur or, in fact, can occur. These are system. difficulties which will unfold over time and I Mr Santoro: I was wondering when you believe that they are real issues which will were going to say something nice. require some follow-up action in the future if they are not attended to at present. Mr ROBERTS: Everyone deserves at least one pat on the back. On the other hand, The impact of these new laws on the the Government is encouraging inspectors to small-business sector is a significant issue. play an advisory role. That introduces a basic Most small-business people just want to be conflict which I believe will require some told what they need to do to fulfil their attention over time. Under recent reforms to obligations under the Act. They do not want many public entities, the regulatory and multiple choice questions on what standards commercial roles have been separated—and, need to be maintained in terms of workplace in some cases, with quite good justification. Of health and safety. They do not want codes course, much of that is a result of National which may not stand the test in a court if a Competition Policy. prosecution is brought against them. Most small businesses will not be able to afford the Mr Santoro: You don't think we're going professional consultants to conduct risk to send the inspectors out to be revenue assessments and so on and give advice on gatherers, do you? the most appropriate methods to control Mr ROBERTS: No. The Minister is not hazards. listening. I am raising a basic conflict in the role The big end of town—the people whom of an inspector. On the one hand, inspectors the Minister appears to be looking after—can are being encouraged to give advice to 3734 Unemployment 8 Oct 1997 employers on how to manage workplace out of a recommendation from the inquiry into health and safety hazards and, on the other workers' compensation and related matters in hand, they are required by law to prosecute Queensland undertaken by Mr Jim Kennedy. employers. We have certainly taken steps to ensure that Mr Santoro: Is that happening at the the review has highlighted the fact that there is moment? an urgent need to improve workplace health and safety in Queensland and that there Mr ROBERTS: I am just raising it as an needs to be dramatically strengthened issue. It is an issue that we need to watch with emphasis on workplace health and safety some care as it evolves over time. itself. The findings of the review prompted the The question that arises from this introduction of the legislation which is before particular issue is: how is an inspector to act in the House this afternoon. the case of an identified breach or prosecution The review highlighted several if he or she is the one who has given advice to shortcomings in the Workplace Health and the employer on how best to manage the Safety Program, including: the large volume hazard in that particular workplace? That is the and complexity of workplace health and safety conflict to which I am referring, and I believe laws and standards, which are particularly that we need to pay some attention to it. It is a burdensome for small business; shortfalls in significant issue which will need some careful funding, limiting the effectiveness of the consideration by the Minister, as it is important program; the limited effectiveness of the that the role of inspectors is not compromised current Workplace Health and Safety Council by unnecessary conflicts of interest, particularly and industry committees due in part to the in an environment where penalties for non- current structure of these bodies; and failures compliance are increasing. in both pro-active and reactive strategies On the basis of that submission, I urge aimed at facilitating the implementation of the the Minister to give appropriate attention to the Workplace Health and Safety Program within matters that have been raised by myself and industry. the shadow Minister and for him to give Some of the penalties need to be borne favourable consideration to Opposition in mind. For a breach involving death or amendments, particularly in relation to grievous bodily harm, the penalty is 800 ensuring worker and employer representation penalty units or two years' imprisonment. For a in the consultative framework and in relation to breach involving exposure to a substance that the status of the industry codes of practice. is likely to cause death or grievous bodily Mr STEPHAN (Gympie) (5.53 p.m.): It harm, the penalty is 500 penalty units or one gives me pleasure to join in this debate this year's imprisonment. For a breach involving afternoon. I compliment the Minister on the bodily harm, the penalty is 500 penalty units introduction of this legislation into this House. and one year's imprisonment. For any other The Workplace Health and Safety Amendment breach, the penalty is 400 penalty units or six Bill introduces a package of reforms aimed at months' imprisonment. I do not believe that further reducing the incidence of work-related new penalties are necessary. Rather than deaths, injury and illness in Queensland and imposing penalties, I would prefer to think that achieving a greater commitment from all this legislation and the education program will stakeholders in relation to their prevention. create safer workplaces in this part of the There is certainly a great need for this. The State. number of accidents that occur is certainly not Debate, on motion of Mr Stephan, something of which any of us can be proud. adjourned. We all hope that these accidents do not happen to us or our families. All members would acknowledge the tragic consequences UNEMPLOYMENT and high costs, in both social and economic Mr BEATTIE (Brisbane Central—Leader terms, which result from work-related death, of the Opposition) (5.59 p.m.) I move— injury and illness. I am sure that all members look forward to the results of the education "That this Parliament notes— program, which will go a long way towards the appalling rise in Queensland's ensuring that the number of work-related unemployment rate from 8.8 per cent accidents does not increase. when the Coalition was handed The amendment Bill before the House is power to 9.8 per cent, the worst on the result of a comprehensive review of the mainland Australia; Workplace Health and Safety Program. the lack of employment growth as Members would recall that this review arose evidenced by the fact that this 8 Oct 1997 Unemployment 3735

Government is creating 20,000 fewer why did the Minister for Training and Industrial jobs a year than the average number Relations tell the Proserpine Guardian that the created in each of the Labor Government is planning to review its job Government's last four years; creation policy? Why would one review a policy the fact that this Government's that is supposed to be working? The truth is policies have led to the number of full that the meagre job creation policies that the time jobs in Queensland being coalition brought into Government were slashed by 1,800 in the last 12 immediately scrapped. The coalition promised months; a $70m jobs plan to help 9,000 young Queenslanders. Where is it? It promised that it the Government's admission in May would give land tax cuts only to companies this year that it is powerless to reduce that signed up to a youth employment unemployment; scheme. It provided the cuts, but where is the the lack of apprenticeships available employment scheme? It not only has the in Queensland which has led to a wrong policies but also no policies to deal with warning from the Under Treasurer unemployment. All it can do is desperately that demand for labour will outstrip throw money at dodgy training schemes while the supply of available skills by mid- it strangles the life out of TAFE with its long 1998; and proud tradition of structured and And condemns the Premier and Treasurer comprehensive training. for failing to get Queensland moving Queensland is paying dearly. The again." Government fraudulently crows about jobs This Government is the mother of all growth of 30,000 over 12 months; but, under Governments for incompetence, corruption, the last four years of Labor Government in this indecision, ill discipline, betrayal, rorts and State, the average jobs growth was 51,000 a broken promises. It is a Government that will year. That is 20,000, or two thirds, more jobs wither and die from swallowing its own lies. The than have emerged under the Borbidge Borbidge/Sheldon Government will go down in Government. The Government might be history as the Government that got it wrong, leading the nation, but where is it leading it? It the Government that was not up to the job, is leading it to worsening unemployment. That and the Government that got so much wrong, is the track record of this Government. That is so soon, so quickly. It had the wrong priorities, one aspect that will cause this Government to the wrong policies and the wrong people to get be thrown out. The Government is leading one the job done. It is nothing more than an in three young people who cannot find a job to incompetent, bumbling rabble. No wonder despair. Queenslanders are asking "How could this What does Joan Sheldon, the Treasurer, Government get so much so wrong so soon?" say? She says that it is a matter for the One knows a Government has its priorities market. She does not care. All the coalition's wrong when its Treasurer is setting records for employment growth has been in part-time spending on overseas travel at a time when jobs. There are 1,800 fewer full-time jobs than unemployment is running out of control in there were in Queensland this time last year. Queensland. "Jetset" Joan tops the list with The coalition has cost Queensland 1,800 full- $91,000 spent in just one year on trips to time jobs in a year. Over the same period, the London, Paris, New York—you name it! That is number of long-term unemployed in the highest expenditure on overseas travel by Queensland has increased by 19% from any Minister in the history of this Parliament. 34,700 to 41,200. That means that a quarter That is double what was spent by Doug Slack, of Queensland's unemployed has been the Trade Minister, who should be selling without a job for more than a year. What is Queensland overseas. While "Jetset" Joan wrong with this Government? Where do I demonstrates to international financiers and start? artisans just what sort of Treasurer she is, the This Government cannot make a firm rate of unemployment has increased from decision: issues frequently have to go back to 8.8% 22 months ago to 9.8% now. Cabinet two and sometimes three times. This The Treasurer fraudulently claims that her Government cannot coordinate its Cabinet: policies are working and that Queensland is Ministers are always contradicting each other. leading the nation in employment growth. I will This Government cannot get its facts right. leave to one side the point that leading a Treasurer Sheldon fraudulently claims that she nation with a falling number of jobs is hardly an will create 72,000 jobs in the construction achievement. If Queensland's performance on industry this year, but her Budget forecast only employment is as good as the Treasurer says, 50,000 extra jobs for the whole of the State 3736 Unemployment 8 Oct 1997 economy. She cannot even add up. We tried the jobless rate crashing to 9.8%, the worst in to point that out to her today, but she plugged mainland Australia. Secondly, it has failed to on regardless, fraudulently assuring us that initiate major projects and can only "the jobs will be delivered". Treasurer Sheldon reannounce projects started under the last is an albatross around the neck of Queensland Labor Government, such as the Ernest Henry and the young unemployed in this State. We mine, Century Zinc and Western Mining. I say will have pleasure in making certain that when to those people sitting in the gallery that, over we are in Government we do something for the next two weeks, they will see the the youth and the unemployed in this State. reannouncement of those projects, all of which The Borbidge Cabinet lies to this House were Labor initiatives. day in and day out. They say whatever they Mr Hamill: And the gas pipeline. need to say to get them through the day, and Mr BEATTIE: And the gas pipeline; that is their deceitfulness nearly always goes right. unreported, because it happens so often. They are treated so lightly by the media these Thirdly, it has broken election promises by days, because everyone has become blase introducing seven new or increased taxes. about the level of their deceit. Fourthly, instead of making decisions, it has started 221 reviews and inquiries. It has even The Government is a bad negotiator. It started a review of the $400,000 Scurr review could not negotiate its way around a railway into the construction industry. That is a review bend. Queensland is continually missing out into a review. Fifthly, it has the most on funding, services and its fair say in national incompetent Ministers since Federation. issues because of the woefully poor Sixthly, it has failed to deliver the extra police it representation provided by this Government. promised. Seventhly, it has failed to cut The fuel excise disaster is just the latest hospital waiting lists as it promised. Eighthly, it example of a Government that goes to a is destroying the education system. Ninthly, it negotiating table unprepared and unable to is removing environmental safeguards. argue the case for Queensland. Yet again the Tenthly, Treasurer Sheldon boasted this week Government got rolled. It did not see the hole of pork-barrelling the Sunshine Coast round in the tax refund system, which could cost her own electorate with major projects worth Queensland taxpayers up to $100m this year. $90m in 1996-97 alone, and failed to mention We have it on good authority that, although the $200m she spent on removing the tolls Premier Borbidge says he is still talking to from her local motorway. What about the rest Canberra, John Howard has refused outright to of Queensland? What about all those seats change the refund mechanism on fuel tax. across the State that are being ignored? The Premier was turned away empty handed Eleventhly, this Government is spending $6m when he begged the Prime Minister for help. of the public's money on advertising designed The fact that the Premier has failed to to get the National and Liberal Parties re- squeeze even one extra cent out of Canberra elected by buying votes with taxpayers' has already cost Queenslanders $8m in the money. It is not putting money into services; it first month alone. Mr Borbidge, the Premier, is putting it just into election propaganda—at has no clout in Canberra. He refused to speak taxpayers' expense. Finally, the Government to the Prime Minister for six months. Then he behaved corruptly in its 20 months of guerilla insulted him in a letter sent by one of his aides warfare with the CJC. That has all led to to political commentator Laurie Oakes. Premier Borbidge being regarded as a joke in This Government is like Monty Python in Canberra and the southern States. action. That proves once again that Premier Queenslanders are losing out because the Borbidge is an expert at confrontation but is Premier is not taken seriously. totally unable to engineer solutions to This Government cannot admit that it has problems. He does not stand up for got it wrong in so many ways. Every time we Queensland. He cannot deliver for do our job as an Opposition, hold this Queensland. I do not think that the people of Government accountable and tell it where it Queensland will have much sympathy for has gone wrong, it tries to attack us. For two someone who has exposed them to a massive days in a row we have seen negativism from increase in fuel costs and prices for every this Government. We have not heard one piece of merchandise they buy. positive announcement in this sitting of The record of the Borbidge/Sheldon Parliament. We are attacking this Government is appalling. I will state its record Government's performance because we care after 20 months. Firstly, it has plunged for Queensland. That is why we are Queensland into an unemployment crisis, with determined to make members opposite 8 Oct 1997 Unemployment 3737 accountable for the poor government that it is Government has not understood that. The providing to this State. That is why we are retail sector needs 4% to stand still. Do coming up with positive initiatives to get members opposite understand that? In terms Queensland moving again. They are of population and inflation, that sector needs comprehensive and positive policies to push to grow by 4% just to stand still. That sector is forward with economic development, to build going nowhere. Last year in monthly sales, the new industry and create new jobs. They are food sector recorded 1% growth. That sector is caring policies to alleviate the unemployment going backwards. Members opposite have to crisis, improve the health system and protect only look at the critical sectors in the economy, the environment. such as housing and non-dwelling units. If Time expired. members opposite know anything about the construction industry as I do and if they looked Hon. J. P. ELDER (Capalaba—Deputy at the growth in the housing sector, they would Leader of the Opposition) (6.08 p.m.): I rise to see that it is always a heartbeat type of growth support the motion. Through talking with pattern; it is always a counter-cyclical type of business leaders—as the Opposition Leader pattern. Since the members opposite have and I and our shadow Cabinet do—we have been in Government, it is the best flat line that received the overwhelming message that this we have seen. Defibrillation will not save that Government is taking Queensland straight line, it is down and it is flat lining. That line down the gurgler. It is going nowhere except represents housing commitments. One would down. That is all because of lack of direction, think that in a counter-cyclical type of lack of leadership and, as the Opposition environment that non-dwelling construction Leader outlined, no policies. The Government units would be increasing. No! The recent ABS has the wrong policies. It has the wrong statistics for June quarter to June quarter show direction. It is just not getting on with the job. It a decrease from $489m to $207m. In other is impossible for the Government to get the job words, in that other critical sector of non- done. dwelling construction units, there has been a As all members would know, Queensland drop of 44%. So not only are retail sales going business is facing a crisis in confidence. The through the floor, the critical construction Government's antics further erode that sector is also going through the floor. There is confidence. Whether it is the Indy, cruise not one job opportunity. ships, rhinos, shonky courses held by Silicon The Treasurer talks about 72,000 jobs. I Graphics, they are eroding business have to tell the Treasurer that after she made confidence. I am sure that if members look her speech and left the room, the comments behind many of the surveys, they would see that I received at a number of tables that they come back to one point: fraudulent afterwards were that the members of the and incompetent Government and fraudulent construction industry had never been more and incompetent Ministers. The QCCI Pulse embarrassed. The Treasurer completely Survey of business confidence has reported misunderstood what were job creation significant pessimism in the business opportunities within the construction sector. community and pessimism in terms of job They all walked away laughing. They all knew prospects. The Yellow Pages Small Business that, with a work force of 122,000 people, Index reveals a lack of confidence in 72,000 jobs were not going to be created in a Queensland, with one quarter of the year. businesses—and this should worry every Mr Hamill: That is not 7%. member on the Government side of the House—believing that at the moment Mr ELDER: That is not 7%. Let me tell Queensland is in a recession and job members that the next day around the prospects are limited. Despite what the luncheon table where I was the Treasurer was Treasurer or the Premier may tell us, there is the butt of the jokes. Members opposite have plenty of statistical and, in fact, anecdotal to only look at the manufacturing sector, which evidence that the economy is not travelling is another important sector. Let me tell well. I know who to believe: I believe the members opposite that manufacturing exports business people. are down 7%. Employment is down 10,000. These are not my figures; they are the figures Mr Slack interjected. of the MTIA. Mr ELDER: I take the Minister's Mr Slack interjected. interjection of 4.6%. He should look at the trend line in the economy. I am sure that the Mr ELDER: I will not worry about defining shadow Treasurer will outline it. The economy it; I will let Paul Fennelly define it down 10,000. is trending down. That is the problem, but the Time expired. 3738 Unemployment 8 Oct 1997

Hon. D. J. SLACK (Burnett—Minister for another 1,000 jobs. Of course, we also have Economic Development and Trade and the multiplier effect on top of that. Minister Assisting the Premier) (6.13 p.m.): I Companies, including multinationals, are move the following amendment to the motion showing their confidence in Queensland by moved by the Leader of the Opposition— locating head offices or setting up Asia/Pacific " All words after, 'That this Parliament headquarters in this State, which are all notes—', creating quality jobs for Queenslanders. They omit, insert— include Asia-Pacific Electric Cables, which is a manufacturing plant for Asia/Pacific exports '¥ that the prevailing rates of and which has relocated to Brisbane, $13m unemployment in Queensland are and 83 jobs created; the Australian Stock wholly unacceptable; Exchange has relocated its marketing ¥ that the Coalition Government has operations to Brisbane, $2m and 32 created 48,500 jobs since coming to jobs—members opposite do not want to listen; Government; they just want to be negative. Boeing has ¥ the reaffirmation of the Government's relocated its corporate regional headquarters, commitment to strong and maintenance and engineering to Brisbane sustainable employment growth from Sydney, $43m and 943 jobs. The across the Queensland economy; members opposite do not want to hear about ¥ the increase of $53.4m in funding to this. Comalco has relocated its headquarters provide 30,000 new training places, and corporate functions to Brisbane, $1m, and and notes the increase of 37.7 per 51 jobs; CSR has relocated its headquarters cent in apprentices and trainees in functions to Brisbane, $1m and 101 jobs; DHL training over the term of this Worldwide Express has relocated its regional Government; and distribution and national customer centre to Brisbane, $2m and 140 jobs; Food Partners ¥ the continuing trend of a reduction in has relocated its food preparation plant that the number of apprentices and the supplies Pizza Hut to Brisbane, $5m and 70 need to continue to focus on jobs; Legal Care insurance and mediators has apprenticeship intake.' " relocated its world headquarters to Brisbane, Unlike the negative attitude of the $20m and 1,020 jobs; Sealright Packaging members opposite, the coalition has a proud has relocated its labelling and packaging plant history of being pro-business and pro-jobs. As and Asia/Pacific headquarters to Brisbane, the Minister for Economic Development and $9m and 45 jobs. The members opposite do Trade, my focus is on the promotion of growth not want to listen. Shell Coal has relocated its through investment attraction, major projects headquarters functions to Brisbane, 12 jobs. support and trade development. All of those Those relocations represent a strong activities have at their core the creation of jobs, commitment to Queensland's future by major and it has worked. Members should look at the companies. They represent a total investment figures. Since coming to office, major projects of $104m and the creation of 2,565 jobs for that have been committed or completed in Queenslanders. Queensland represent an investment of more In recent months I have been able to than $7 billion, with a total of more than announce a number of initiatives by my 12,000 jobs generated. The members department, all of which have a strong focus opposite do not want to hear the good news; on the creation of jobs through the promotion they just want to talk negative, negative, of trade opportunities and economic growth. negative. Yesterday in this House I informed honourable The Project Coordination Office within my members of my department's establishment of department of Economic Development and a Regional International Trade Support Branch Trade estimates that more than 18,500 jobs which has the brief of creating employment in will come on line as a direct result of major regional centres of Queensland through the projects that are currently planned or are under promotion of export growth. We are doing that. construction in Queensland. Those jobs Time expired. represent a total number of people in the construction phase of 12,350, which is a figure Mr HARPER (Mount Ommaney) that has been given to us by the companies, (6.20 p.m.): I rise to second the amendment. and operationally they represent 6,265. They The Opposition's motion exposes vividly its do not include the Surat Basin misunderstanding of the statistical measures development—an initiative of this of employment and unemployment. Government—which we estimate will create Opposition members have again focused on 8 Oct 1997 Unemployment 3739 the extremely volatile seasonally adjusted In contrast, as well as the massive estimates, which swing erratically from month contribution to national employment growth, to month. It is because of the erratic and the indications are that employment in volatile nature of the seasonally adjusted data Queensland will continue to strengthen for the that the Queensland Government follows the remainder of this year and throughout 1998. advice of the Australian Bureau of Statistics This outlook is supported by the recently and uses trend estimates when analysing released ABS job vacancies and the ANZ job employment and unemployment data. advertisement series. For example, in August of 1996 Queensland job vacancies were 85% This is another case where the higher than in the corresponding month of the Government has got it right and the previous year. This was the largest increase of Opposition has got it wrong, wrong, wrong. all States and compares with a national The Opposition has conveniently forgotten that increase of 9.1%. when it came to power in December 1989 it inherited a trend unemployment rate of 6.9% The number of full-time jobs in from the previous coalition Government and Queensland has not been slashed by 1,800. that in September 1993, during its period in In the last 18 months it has increased by office, the unemployment rate blew out by 5,500 in trend terms. While the coalition would more than 50% to 10.8%. In fact, the less like to see a greater number of full-time jobs, meaningful seasonally adjusted Queensland's record compares very favourably unemployment series actually exceeded 11% with that of the rest of Australia, where 15,100 for two months, the highest rate of monthly full-time jobs have been lost. With our record, it unemployment ever recorded in Queensland. is no wonder that the Opposition Leader is Of course, we will not hear anything of that making so many predictions of an early from members opposite who like to bleat so election. He wants to get on with it before we much about their supposed record. Over the do better! The increase of 5,500 jobs in full term of the Labor Government Queensland compares with full-time job losses Queensland's trend unemployment rate of 14,900 in New South Wales, a Labor State. deteriorated from 6.9% in December 1989 to Apart from Western Australia, Queensland is 9.2% in February 1996. That represents a 33% the only State that has recorded an increase in deterioration over the term of their full-time employment over the last 12 months. Government. The Government did not admit that it was powerless to reduce unemployment. The The Opposition knows that a better Treasurer stated that there is only so much measure of a State's job creation record is its that any State Government can do. However, share of national jobs. Since the coalition the Government's ability to reduce Government assumed office in February 1996, unemployment is constrained. There is nothing 48,500 jobs have been created in trend terms. that any State Government can do to stop For Australia as a whole, 77,200 jobs have interstate migration to Queensland or to stop been created over the same period. Queensland having a substantially higher than Queensland generated 63% of all new jobs the national average work force participation created in Australia over this 18-month period. rate. In fact, this has occurred, with Therefore, in the last four years of the Labor Queensland's labour force increasing by Government's period in office, Queensland 31,000 over the last 12 months compared with contributed only 29% of all jobs created in an increase of only 5,100 in the rest of Australia, yet the Leader of the Opposition Australia. This reflects the perception of pontificates about what he will do. What a Queenslanders and interstate migrants that joke! there is a greater chance of finding a job in The Opposition's record of job creation Queensland than in the rest of Australia. compares dismally with that of the coalition. Another fact contributing to Queensland's high For example, the coalition generated 30,200 labour force growth is the higher than average jobs over the 12-month period to August 1997. participation rate. This compares with only 1,400 jobs net in the Time expired. rest of Australia in the same period. Indeed, as Hon. D. J. HAMILL (Ipswich) (6.25 p.m.): a measure of the pathetic state of the Mr Speaker, as you well know, you cannot Queensland labour market under Labor, now trust the Liberals when it comes to the in Opposition, in its last 12 months of office statistics that they utter or, indeed, their only 17% of all jobs were created in accounts of history. The member for Mount Queensland, that is, less than the Queensland Ommaney spoke about the coalition population share of 18.3%. Government of 1989. Mr Speaker, you and 3740 Unemployment 8 Oct 1997 every other National Party member of the blames high unemployment on interstate House knows what the Liberal Party was doing migration, yet, although it has succeeded in in 1989. It was pulling the rug out from bringing interstate migration to the lowest level underneath its latter-day coalition colleagues. in 10 years, unemployment is still rising. In In 1983 the Liberal Party ripped up the every quarter over the last 12 months, coalition agreement and it was still fighting and economic growth has moderated in gouging to try to eke out its own small place in Queensland. The trend, which the member the sun. The account of history given by the opposite wants to hear all about, is down. member for Mount Ommaney is about as We also see that trend with private fixed reliable as his account of the economic data. capital investment. In the last 12 months in The member for Mount Ommaney talked Queensland, the growth in private fixed capital about trend jobs. There is nothing trendy investment was a paltry 5.5%, that is, one third about the member for Mount Ommaney and of the rate of increase in Victoria and less than there is nothing worthy of note in the one half of the rate of increase in New South utterances that he made this evening. The Wales. All of the free marketeers opposite who Opposition is about creating real jobs and we talk about the employment-generating know that there are now fewer full-time jobs in capacity of private industry need to have a Queensland than there were 12 months ago. very close look at that, because private That is part of the problem. The other part of industry does not have the confidence to the problem is the sheer incompetence of the invest in this State and it is not creating jobs. State Government and the fact that, through That is why economic growth rates are its economic mismanagement, it has brought moderating in Queensland. Queensland's economy to a standstill. The Frankly, over the last 20 months the very first initiative of the Government was to Government's performance has been dismal turn the tap off when it came to capital and the Queensland economy has been spending. It slammed the Queensland spluttering and stagnating as a consequence. economy from forward gear into neutral and it Queensland has certainly had stronger growth has been paying the price ever since. rates than other places in Australia, but, If the member opposite wants to talk considering that the State has also had higher about trends, the trend in unemployment has population growth rates, the economy has not been inexorably up since the coalition came to been moving at the rate that one would Government and its policies have contributed expect. There could be dynamism in the State to that serious situation. As for the claim that if we had direction and leadership from the the Government likes to use trend figures and Government; however, we do not have not seasonally adjusted figures in reporting dynamism because we do not have economic data, particularly unemployment confidence in or leadership from the data, I would like honourable members Government. What we have are 170,000 opposite to cast their minds back a couple of Queenslanders who do not have a real job. months to when the Premier and the Time expired. Treasurer, seizing on seasonally adjusted figures for unemployment, rushed out and Mr HEALY (Toowoomba North) claimed that there had been a 1% drop in the (6.29 p.m.): This Government certainly unemployment rate in Queensland. They did acknowledges the critical role played by not rush in front of the TV cameras so quickly employers in creating employment when the same set of figures showed a opportunities for Queensland. The intractable massive jump to 9.8% when the last monthly problem of unemployment—unemployment at rates too high for anyone to accept—is one data was brought down. That inconsistency side of the equation. The other side is positive and dishonesty is also contributing to the lack action by Government to reduce the of general confidence in the Queensland economy. The business community lacks unemployment rate on a long-term basis by confidence in the direction of the State. The introducing schemes such as the new coalition is not providing leadership or competency-based apprenticeship scheme direction, and that is being translated into poor called the Higher Engineering Tradesperson economic outcomes. This State should be Scheme, or the HET Scheme. booming, but it is in neutral. The HET Scheme, which is unique to the Brisbane Institute of TAFE, makes it easier for Mr McGrady: It's stagnating. employers who previously had been unable to Mr HAMILL: It is stagnating. If members consider taking on an apprentice to do so. The want to look at the data, they should consider scheme ensures that appropriate skills are the following points. Firstly, the Government developed for tradespeople of the future to 8 Oct 1997 Unemployment 3741 assist enterprises in becoming more were approved for the region. In the first 12 competitive by having the correct skills mix in months of the coalition Government, to the their labour force. end of February 1997, that number rocketed In the first nine months of this scheme, to 2,052. more than 119 apprentices were attracted to The Government acted quickly to almost the fold. That is proof that Queenslanders will double the low apprentice and trainee respond to positive employer-related job numbers it had inherited from Labor in my schemes. The scheme springs from a region of the south west. We have worked partnership between the Brisbane Institute of hard to correct Labor's legacy of neglect. That TAFE and the Manufacturing, Engineering and is what it was. In the year to December 1995, Related Services Industry Training Advisory under Labor, there were only 2,540 trainees Body. The HET Scheme is based on national and apprentices in training in the south-west competency standards which describe the region. By the end of 1996, we had boosted level of skills and depth of knowledge required this number by 37.8% to 3,500. And that is to work competently at the various skill levels only up to the end of 1996. required by industry. The Government's achievements in this The employers, apprentices and the region made a mockery of the Opposition's Brisbane Institute of TAFE all have jobs plan. The Opposition is trying to boast responsibility to ensure that the customised job that it would create 1,700-odd places in my model, based on the skills-based National region over three years. We have achieved Metal and Engineering Competency 668 in only eight months. The Opposition's Standards, is achieved during the course of jobs plan is only drawing attention to Labor's the apprenticeship. The job model is appalling record of neglect of training in the determined by identifying and selecting the south-west region, and Labor should be required competency standards relevant to the ashamed of it. It should be ashamed for enterprise from the framework of standards. A insulting the intelligence of the region's people. vital link in the process is the involvement of Labor tried to pull the wool over their eyes, but employers in identifying the productive work its jobs plan just does not stand up. performed for the enterprise to be financially Time expired. viable. Apprentices benefit from the scheme Hon. P. J. BRADDY (Kedron) (6.34 p.m.): because they can prove their competency, which is directly related to wage increases. One of the more bizarre claims made in tonight's debate by the Government is that the Apprentices receive a record of training Government does not use seasonally adjusted book which profiles all competencies, with work figures. That has been exposed as an task plans detailing exactly how these were absolute untruth. The Minister for Training completed. The actual skills they must develop constantly cites the figure of 28,800 as being and the work they must perform are clearly the increase in employment over the past identified so that they understand their year. He boasts of that as being a great responsibilities. This clear identification achievement. We will take that seasonally provides the opportunity for motivated adjusted figure of 28,800 and compare it with apprentices to apply themselves to the the record over the last four years of the opportunities and reap the personal and Queensland Labor Government. financial rewards from achievement against In the last four years of the Queensland clear goals and not time-served years. Labor Government, there was an increase in This Government's innovative approaches employment in Queensland of 204,000, which to encouraging new employment and jobs is 51,000 jobs a year on a seasonally adjusted growth extends very widely. This year, a record basis. That is far superior to the seasonally $4m was allocated to group training schemes. adjusted figure which the Minister and his These group training schemes have been so minions say he does not use but which he successful that by the middle of next year the does in fact use. Also, over the past 12 Government anticipates that group training months, in trend terms full-time employment in schemes will have about 6,600 apprentices on Queensland has fallen by 1,800. Being a their books. In my region, the south-west sensible Opposition, we have produced a Queensland region, approvals for new positive plan which says that we will build on all apprenticeships and traineeships have soared current figures and programs and do better. by 99.42% in the Government's first 12 The Minister for Training has said that that months in office. In the last full year of the cannot be done. Clearly, what he refuses to Opposition's time in office, to the end of 1995, face is the fact that we will build on the existing only 1,029 new apprenticeships and trainees programs. 3742 Unemployment 8 Oct 1997

There was one moment of honesty from the previous year. It is for this reason that we the Government in tonight's debate. Even in have looked positively at Labor's plans for its amendment to our motion, the Government developing more apprenticeships. seeks to note "the continuing trend of a Time expired. reduction in the number of apprentices and the need to continue to focus on Mr RADKE (Greenslopes) (6.40 p.m.): I apprenticeship intake". The Government has am pleased to rise on this occasion to support admitted that it is failing currently in terms of the thesis that this Government has made a apprenticeships, yet it criticises our program great commitment to improving employment without any valid reason for doing so. What an and career opportunities for Queenslanders extraordinary admission! The Minister cannot across the State. This commitment is broad hide behind the constant use of figures for and far-reaching. As an example, part of this apprenticeships and traineeships. The reality is commitment in this Year of Training has been that apprenticeships take three to four years, to provide a grant of $39,200 to the whereas traineeships usually involve six to 12 hairdressing industry to fund a pilot program in months on-the-job training. What we are part-time apprenticeships throughout setting out will lead to a definite and precise Queensland. increased number of real jobs for apprentices Late last year my parliamentary colleague in this State. the Minister for Training and Industrial If the coalition were so committed to its Relations approached industry and asked it to view that 10% of employable hours on State tell him what it thought it needed to happen to Government capital works already exists and is create greater job opportunities. The decision under review because it did not work, why did it to fund the development of a pilot program for not do something about that in the 20 months part-time apprenticeships in hairdressing is one it has been in Government? We are prepared result of this Government's policy of listening to to do something about it. We have talked with and acting on what the Wholesale, Retail and industry, which still wants the policy that we Personal Services Industry Training Advisory introduced—a policy that has not been Board had to say. The ITAB's pilot program will enforced or in any way reviewed by this be introduced in January 1998. With more Government. The business community wants than 85% of businesses in the hairdressing the policy applied uniformly to all contractors. sector employing fewer than five staff, many We have made concrete arrangements to operators were not able to put on an have enforcement procedures in place within apprentice. months of returning to Government. The policy This pilot program, funded by the of 10% employable hours can be enforced. Department of Training and Industrial This Government has failed to do that. Relations, will allow greatly increased Mr Santoro: You did not enforce it. opportunities for these businesses to redo their sums. Greatly increased apprenticeship places Mr BRADDY: We have looked at what will be the result. Part-time apprenticeships should be done and what can be done, and have been long overdue and this Government we have positive programs to enforce it. has acted in the interests of employers and The Minister also says that Labor will fund potential apprentices. This pilot program will apprentices at $50,000 a year. That is refuted. benefit both employers and potential Our costings are based on $25,000 a year for apprentices. Those seeking an apprenticeship wages, training and on-costs. Those costs can in hairdressing will now have the opportunity to be met for far less than the Minister says. We access the part-time program through an will also be introducing into the public sector employer, or while attending school. Of course, about 170 new apprentices each year. In the full-time apprenticeships will remain an option third year, there will be 500 extra apprentices. for those wishing it. In his figures, the Minister is combining This is just one example of the lateral apprenticeship and traineeship figures to hide thinking and open-mindedness of the coalition a decline in apprentice intakes, yet the Government's policy platform. In Queensland's admission is in his amendment; the admission Year of Training the Government is committed is the need to do that. Our figures are based to ensuring that the vocational education and on a proper apprenticeship scheme. If the training system is flexible and focused on the Minister looks at our figures as at the end of needs of industry. our first term in Government, he will see the It is not just in limited fields that the State increase. Traineeships are not the same as Government is acting and is determined to act solid apprenticeships. In the last financial year, for the benefit of the bulk of Queenslanders. new apprentice approvals fell—down 7% on Much emphasis has been placed on improving 8 Oct 1997 Unemployment 3743 the competitiveness of Queensland industry in Hon. T. McGRADY (Mount Isa) both the national and international (6.44 p.m.): I rise tonight to support this marketplaces. With this in mind, my colleague motion. This Government stands condemned the Minister for Training and Industrial in the eyes of all Queenslanders. There is Relations has moved to improve the front line nothing more important for a person than to customer skills of service and retail employees have a job. Members of the coalition parties by committing $895,000 as an initiative of the have risen in this House and spoken about Year of Training. This translates to 650 places figures. None of those opposite has touched available for retail and service industry on the human side: the fact that more and employees to improve their skills and gain more Queenslanders are losing their jobs and formal recognition. It is worth noting that the are facing the prospect of going on the retail sector employs about 66% of all people unemployment scrap heap. aged between 16 and 25 years. There is a difference between this side of While the Government is committed to job Parliament and the coalition side. The creation through improving opportunities for difference is that we believe that the small business growth and providing Government has a duty to provide an opportunities for young people through economic climate in which business can improving the apprenticeship scheme, it also develop. This Government has failed. We recognises the need to further develop the believe that the Government has a duty to skills of Queensland's existing work force. This provide jobs and to provide this climate. This is one such initiative. Importantly, the program Government has certainly provided a climate! relies heavily on input from key stakeholders. It People in this State are concerned about the is fully supported by the Industry Training Government's lack of ability to get the Advisory Board and will be steered by a board economy moving. of industry members who will oversee the In the past 18 months this Government project. has presided over the decimation of the This initiative provides opportunities to a electricity industry. Thousands of diverse range of service industry operators, Queenslanders who today work in the and participants in financial hardship may be electricity industry are going to be thrown on eligible for 100% fee exemption. Globalisation the unemployment scrap heap. Over 2,000 of markets has redefined the training industry, people are involved. Day after day we have allowing businesses to choose the most instances where people are being sacked or convenient means of training staff. Many offered a way out. businesses are choosing options that reduce We have to contrast this with what the the amount of time needed off work and which Goss Labor Government did in the years when more closely meet their needs. These we were in power. We opened up a number of measures are proof again that this coal mines around this State and provided Government is fair dinkum about producing jobs for Queenslanders. We were the genuine employment opportunities for Government which set up the energetic and enterprising Queenslanders. Carpentaria/Mount Isa mineral province. We This initiative involves the Northpoint were the Government which opened the Institute of TAFE providing training in practical Osborne mine. skills, which can be customised to specific Next Monday the Premier and some of needs and lead to a formal qualification. The his Ministers will travel to the north west and institute is well positioned to undertake this there, in front of the media and the television training as it is a leading provider of retail cameras, they will declare open the Ernest training and customising national competency Henry mine. standards in this sector to meet business and Mr Santoro: Haven't you been invited? enterprise needs. Mr McGRADY: I have been invited. I will The training will address key topics be there, and so will my leader. I have been including interacting with customers, visual there many times because it was a Labor merchandising, operating point of sale Government which enabled the Ernest Henry equipment, communication and selling of mine to get up and running. Those frauds products. No-one can feel comfortable with opposite will go there next week and take all pervasively high unemployment rates. The key the glory and all the kudos. Those opposite to the remedy lies with the Government's have not lifted a finger to get that mine off the action to free the jobs market and create ground. economic conditions in which real jobs grow. Mr Elder: He doesn't travel to the west. 3744 Unemployment 8 Oct 1997

Mr McGRADY: He never leaves Brisbane. through a whole series of facts as to why This party will travel up to the Century mine unemployment is high in this State, but he did and in all the glare of the media they will take not talk about the participation rate. He went the credit for getting the mine up and running. through all of the facts and figures and did not The week after that the Premier and Mr Hugh talk about the fact that the unemployment rate Morgan from Western Mining Corporation will has several components. There is employment announce a three-quarters of a billion dollar growth and the participation rate, and out of activity in the north west. But this Government that comes the unemployment rate. The did nothing at all to assist in providing those honourable member for Ipswich refused to tell jobs. These jobs and these developments the House that the State of Queensland has were all part of the Labor Party's program. It the second highest participation rate in was the Labor Government which got these Australia—and that is what keeps those projects up and running. unemployment figures high—despite the fact One of the main concerns that the that we have the record for employment Opposition has in this State today is that as all creation in this nation. When one looks at the of these projects come to fruition there is very statistics and employment growth and when little left in the pipeline. Earlier today the one cuts away the rhetoric and the deceit from Minister spoke about the Surat Basin. As we the other side of the House, one will see that all know, the Surat Basin is years and years the employment growth in Queensland is 1.9% and years away. There is no prospect of jobs over a year, compared with the national growth in the near future for people in that area. rate of minus 0.1%, in other words, minus 5,800. They are the real figures. In recent times, we have had the coalmines retrenching people. What has this Mr Beattie interjected. Government done to try to bring the parties Mr SANTORO: This is employment together to see what can be done to growth, not population growth and that is what encourage more jobs in that industry? I it is all about. The member for Ipswich refused mentioned earlier the human face of to talk about the participation rate. Every time unemployment. If one goes around some of that people such as the Government talk the small towns in Queensland one can see about the good news, which is real that young people are leaving because there employment growth, people get confident— is no work for them. What have the National and members opposite talked about lack of and Liberal Parties, who are supposed to be confidence—and they seek to enter the work the friends of country people, done? They force. The member should be honest and talk have presided over the drift from the country. about all of the indicators, all of the statistics Time expired. and all of the figures. When he talks about leadership and confidence, he should look at Hon. S. SANTORO (Clayfield—Minister for the relocation of the head offices and the Training and Industrial Relations) (6.49 p.m.): major projects. One just does not know where to start to rebut the hypocrisy and the absolute effrontery of I just heard the honourable member for members opposite. Perhaps the quote of the Mount Isa talk about how we are announcing week, the month or the year came from the projects. What about all the projects that the Leader of the Opposition when he said that Opposition announced before we came to Ministers contradict each other. The Leader of Government? What about the fact that the Opposition is accusing Ministers of Governments, as the honourable member for contradicting each other when this morning we Lockyer said, come and go? Half of the saw one of the most shameful performances projects that we are announcing now, including by the Opposition! We can see why he is not Century Zinc, would have fallen over if the here and we can see why his two erstwhile Opposition was conducting the negotiations. deputies are here. He was absolutely made a We heard the honourable member for fool of in terms of contradiction. We reject the Capalaba talk about the retail trade figures, so contribution made by the Leader of the let us look at them. They increased by 3.7% Opposition. There was absolutely no from June to July and by 3.9% for the year. contradiction from this side of the House. They certainly point to an improvement in Coming from Mr Beattie's lips, that particular consumer sentiment. Where did he get his statement is an absolute joke. figures from? Let us have a look at the latest We heard the contribution made by the data from the ABS. The number of dwelling Rhodes scholar, by the person who pretends units approved in Queensland increased by to have some qualifications to discuss 17.9%, from 2,524 in June to 2,977 in July. unemployment. The member for Ipswich went Where did he get his figures from? 8 Oct 1997 Adjournment 3745

Let us have a look at a more realistic particular motion, the bells will be rung for two assessment of the employment situation minutes. stated by a Labor member, and the member Question—That the words proposed to opposite could not even tie up his boot straps. be inserted be so inserted—put; and the His former Premier, Wayne Goss, said this House divided— about Governments like ours which make a fair dinkum attempt to solve the unemployment AYES, 43—Baumann, Beanland, Borbidge, Connor, Cooper, Cunningham, Davidson, Elliott, FitzGerald, problem. He said that unemployment would Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, remain a serious problem in Australia Hegarty, Hobbs, Horan, Johnson, Laming, Lingard, regardless of the outcome of the Federal Littleproud, McCauley, Malone, Mitchell, Perrett, election. He said that the Australian economy Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, is like an aircraft carrier; it cannot be turned Slack, Stephan, Stoneman, Tanti, Veivers, Warwick, around quickly. The crippled aircraft carrier was Watson, Wilson, Woolmer. Tellers: Springborg, the one that the Labor Party left behind—at a Carroll State and Federal level. The former Premier NOES, 42—Ardill, Barton, Beattie, Bird, Bligh, said that anyone who pretends that they can Braddy, Bredhauer, Briskey, Campbell, D'Arcy, fix unemployment with some magic wand is De Lacy, Dollin, Edmond, Elder, Foley, Fouras, kidding themselves. Gibbs, Hamill, Hayward, Hollis, Lavarch, Lucas, McElligott, McGrady, Mackenroth, Milliner, Mulherin, We are not waving the magic wand; we Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, are getting on with labour market reform, Rose, Schwarten, Smith, Spence, Sullivan J. H., workers' compensation reform and sensible Welford, Wells. Tellers: Livingstone, Sullivan T. B. Budgets and we are outperforming the former Pair: Lester, Goss W. K. Government, and this State is outperforming the rest of Australia when it comes to Resolved in the affirmative. employment growth. Motion, as amended, agreed to. Mr Beattie interjected. Mr SANTORO: The Leader of the ADJOURNMENT Opposition may laugh, he may be trivial and Mr FITZGERALD (Lockyer—Leader of utterly and totally irreverent to this institution Government Business) (7.05 p.m.): I move— and to the concept of employment creation, but this Government in this State will go about "That the House do now adjourn." being positive; it will undertake all of the necessary reforms and will continue to Willows Shoppingtown, Thuringowa outperform the former Government any time. Electorate Time expired. Mr McELLIGOTT (Thuringowa) Question—That the words proposed to (7.05 p.m.): In his foreword to the report by the be omitted stand part of the question—put; House of Representatives Standing and the House divided— Committee on Industry, Science and AYES, 42—Ardill, Barton, Beattie, Bird, Bligh, Technology titled "Finding a Balance—towards Braddy, Bredhauer, Briskey, Campbell, D'Arcy, fair trading in Australia", the Chair, the De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Honourable Bruce Reid, MP, said— Gibbs, Hamill, Hayward, Hollis, Lavarch, Lucas, "After a detailed investigation the McElligott, McGrady, Mackenroth, Milliner, Mulherin, Committee has concluded that concerns Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, about unfair business conduct towards Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. Tellers: Livingstone, Sullivan T. B. small business are justified and should be addressed urgently." NOES, 43—Baumann, Beanland, Borbidge, Connor, Cooper, Cunningham, Davidson, Elliott, FitzGerald, I wish to bring to the attention of the House Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, some of the worst examples of this unfair Hegarty, Hobbs, Horan, Johnson, Laming, Lingard, business conduct towards small business Littleproud, McCauley, Malone, Mitchell, Perrett, which occurred in my own electorate. Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, Stoneman, Tanti, Veivers, Warwick, In late 1993, the British company Norwich Watson, Wilson, Woolmer. Tellers: Springborg, Union acquired the Willows Shoppingtown in Carroll Thuringowa after the collapse of the Kern Pair: Goss W. K., Lester Corporation. Norwich appointed property managers Jones Lang Wootton as the Resolved in the negative. centre's managers and to oversee the $23m Mr SPEAKER: Order! I advise honourable redevelopment of the centre. Prior to this members that, for any further divisions on this redevelopment, the majority of the tenants 3746 Adjournment 8 Oct 1997 enjoyed a healthy return on their investment. table copies of the complete set of documents Sadly, this was to change dramatically under which were provided to the Federal Minister. Jones Lang Wootton and Norwich. On 12 July 1997, Mr Darcy Cooke of At a Christmas gathering of tenants in O'Neill's Sports Store wrote to Alan Ducret, December 1994, JLW's director of leasing, Queensland regional director of the ACCC, David Sylvester, announced details of the enclosing statements from six proprietors. In proposed redevelopment. In his speech, his letter, Mr Cooke said— Sylvester said that all existing businesses were safe and would remain in the centre. However, "The information we hold collectively once the redevelopment was commenced, is astounding but it must be heard by your tenants were to find out that they had been investigators to fully realise the situation grossly deceived by Sylvester and his principal, that exists today in shopping centre one Barry Bellotti, and by Jones Lang Wootton tenancies throughout the country not just in general. Tenants were subjected to an the Willows Shoppingtown situation." horrendous litany of lies, deceit, In response, Mr Ducret advised that— misrepresentations and verbal thuggery. This "... due to the length of time that has was done to force them into relocating within elapsed since the conduct is alleged to the centre, vacating the centre or accepting have occurred it is no longer possible to terms and conditions or locations that were to take action under the Trade Practices have a devastating effect on the viability of Act." their businesses. During the redevelopment, tenants suffered severe trading losses, and So it seems that nothing is to be done for the incredibly insensitive treatment handed out those people, more of whom may yet go by JLW made it obvious that some tenants bankrupt as a result of their dealings with were being forced out of the centre. Norwich Union and Jones Lang Wootton. The financial rape of these decent, In raising this matter in the Parliament hardworking small-business owners who today, I hope that I might encourage other existed in the Willows prior to its acquisition tenants in other shopping centres across the and redevelopment by Norwich has left them State to speak out. Governments must accept financially destroyed, humiliated and stripped the advice of the standing committee and of their dignity. They have been robbed of their introduce legislation to—and I quote from the own and their children's futures and, in some report— cases, caused serious medical problems. "... induce behavioural change on the part Those tenants who received compensation for of big business towards smaller business their losses were forced to accept a pittance and to provide unfairly treated small compared to their actual losses. They were business with adequate means of required to enter into non-disclosure redress." agreements to ensure that they could not expose the owners' and managers' deceitful As far as the Willows tenants are behaviour. JLW has gone to extraordinary concerned, Jones Lang Wootton and, in lengths to hide the truth from the board of particular, David Sylvester, Barry Bellotti and Norwich Union, even to the extent of trying to Paul Savelburg must be compelled to tell the buy off one tenant for $200,000 using Peter truth about their roles in this sorry affair. I have Lindsay, the Federal member for Herbert, as a to say, sadly, that both the Retail Shop Leases go-between. Tribunal and the ACCC have shown themselves to be ineffective in preventing big Honourable members might well ask: why business in its desire to crush average did these disgruntled tenants not complain to Australians in their attempt to make a quid. At someone? Well, of course, they did. A protest meeting held on 1 October 1995 was attended a meeting at their head office in Melbourne in by the member for Burdekin, the then member November 1995, Norwich promised Allan Orr for Mundingburra and three Thuringowa and Ken Jerome that Jones Lang Wootton councillors. In May 1996, the tenants wrote to would compensate the tenants to the full Peter Lindsay requesting that the Honourable extent of their losses via JLW's professional Geoff Prosser order an immediate indemnity insurance. Norwich must ensure that investigation by the Australian Competition this commitment is honoured. I call upon the and Consumer Commission. The documents State and Federal Governments to ensure that handed to Mr Lindsay and passed on to Mr what has happened in my electorate cannot Prosser went missing from the Minister's office happen anywhere in Australia in the future. and have not been located to this day. I now Time expired. 8 Oct 1997 Adjournment 3747

Papaya Fruit Fly which time, if no flies are detected, area Mr ROWELL (Hinchinbrook) (7.10 p.m.): freedom would be declared. The program is The papaya fruit fly was first detected in progressing even better than was first Australia near Cairns in October 1995 and the expected, with no flies being detected in traps first permanent roadblock was established at or in spot-checked market fruit samples Rollingstone in early December 1995. anywhere in the quarantine zone for the past Kennedy, just north of Cardwell, was the 13 weeks. That is an encouraging result. The southernmost sighting of the papaya fruit fly. A public has been urged not to become 50-kilometre quarantine zone was established complacent in the light of the recent successes around Kennedy with the Cardwell roadblock as the fly is not as active in winter. We are now inside that zone. Area freedom was coming into the spring breeding period when established outside of the 50-kilometre zone. the prospects for re-emergence will increase. That meant that growers in the Ingham area, The department has urged people to who were in the original 80-kilometre zone, continue their cooperation and to assist the were freed from quarantine and transport DPI in every way possible as the campaign to restrictions, and the Cardwell roadblock rid the north of the fruit fly still requires the stopped any infestation of that free area. This utmost vigilance if eradication is to occur. inspection station was open only during Despite the promising recent results of daylight hours; however, it was effective in trapping, staff of the DPI are continuing to removing fruit from itinerant travellers who were treat the quarantine area with cane-ite blocks not aware of the restrictions. and spot leaf treatments in tree crops. The plans are well advanced to construct a facility The papaya fruit fly program has achieved at the DPI's Walkamin Research Station for much success in the two years since the fly the mass rearing and release of sterile male was discovered in Queensland. The papaya fruit flies to attempt to reach any Department of Primary Industries is aiming remaining inaccessible fly populations. towards total eradication of the fly, and within However, changes may occur to the two years has contained it to north of Babinda. requirements for that facility, in accordance The papaya fruit fly eradication project has with the success of the block eradication now reached its next phase, with the opening program. Although the horticultural industry in of two new inspection stations at Babinda and north Queensland has been through a difficult Millaa Millaa. The Babinda roadblock has been period since the advent of the papaya fruit fly, operational since Monday, 29 September and generally when problems had to be resolved the Millaa Millaa roadblock opened on 1 there was good cooperation between the October. The Cardwell roadblock has industry and the regulatory authorities when subsequently closed. The two new roadblocks complying with the necessary protocols. have brought the total number of roadblocks to five, with the area affected by the fly Time expired. extending from Cape Melville to Rollingstone and west to Mount Surprise. Mr A. Ashmore With the closure of the Cardwell Mrs BIRD (Whitsunday) (7.15 p.m.): roadblock, area freedom monitoring is Under the heading "How low can you go?" the continuing and is expected to be established Bowen Independent asks what sort of people from Silkwood south later this year. The area are running both the State Government and from Silkwood to Babinda will form a 50- the Queensland Machine Gaming kilometre buffer zone between the free area Commission? It adds that they are clearly out and the original infested area around Cairns. to victimise the publican of the Merinda Hotel, That will reduce the likelihood of reinfestation Allan Ashmore, after he successfully arranged in the Innisfail district. All treatment for the fly the sale of his hotel through the obviously far has stopped at Mount Isa and area freedom more efficient and professional Victorian monitoring is continuing. If everything goes Casino Gambling Authority. Mr Ashmore is well, area freedom is expected to be declared raffling his hotel. He has had to obtain a permit in Mount Isa before the end of the year. There from the Victorian gambling authority. The are plans to open a roadblock at Wonga failure of the Queensland Government to Beach, just south of Daintree, allowing the far supply a permit meant that $300,000 northern part of the quarantine area to also be promised to the local community was lost. eligible for area freedom. A week after the permit was granted by Monitoring for the northern area freedom Victoria, a police officer walked into the hotel is due to begin some time in November and and warned the bar assistant that she would will continue for at least three months, after be fined up to $1,500 if she served the two 3748 Adjournment 8 Oct 1997 customers who appeared to the officer to be about the closing of the abattoir in Bowen drunk. Obviously those two people had had a other than to say that mad cow disease had few drinks, but they were quiet and orderly. Six caused a shortage of overseas demand. days after that event, an inspector from the The Government's Cabinet meeting has Queensland Machine Gaming Commission been held in Bowen. It has had representation arrived at the hotel and handed Mr Ashmore a from every level of government in the region. It $600 fine for running a nonprofit raffle without has not received one cent from this a permit. It was a chook raffle. Mr Ashmore Government. I say to members opposite: get has been in the industry for 25 years. He has off your backsides and help the people of run the Merinda Hotel for 11 years. He says Bowen, because they need it. that he has never before had a police officer come to his hotel with such a warning. He also says that he has never before had a visit from Cyclone Justin Erosion Damage a Queensland Machine Gaming Commission Ms WARWICK (Barron River) (7.20 p.m.): inspector. The Merinda Hotel does not have I would like to advise the House of the ongoing even one poker machine. Mr Ashmore saga that is being played out in my area over believes that he is being harassed and asks funding for erosion damage resulting from whether the Government is taking revenge on Cyclone Justin. I refer in particular to the him because he showed up its incompetence beachside suburbs of Holloways Beach and in failing to issue him with the permit that he Machans Beach. pleaded for. On 15 March 1997, the Minister for Mr Ashmore and the Bowen tourism and Emergency Services declared the Cairns area development group copped a double whammy a natural disaster area owing to the damage from this bunch. The Treasurer treated them both appallingly. Not only did she take six caused by Cyclone Justin. On that same day, months to answer each and every letter of a letter was sent from the Department of Local Government and Planning to the Cairns City theirs and mine but she also continued to Council inviting the council to apply for insult the integrity of both Ashmore and the assistance. That letter included departmental group by stating that she doubted that the pro formas for the submission of details. On 17 organisation could sell all the tickets. That was April 1997, a phone call was made to the despite the fact that a list of eager ticket department from the Cairns City Council buyers from all over Australia was held by seeking clarification of the guidelines. That Ashmore. Despite the fact that Mr Ashmore information was provided. On 1 May 1997, a had paid an exorbitant application fee of facsimile message from the council was sent $16,500 to the gaming office, they continued to the department apologising for the delay in to dawdle over the application. Mr Ashmore forwarding the disaster application to the then found more joy in the Victorian gaming department. authority, with an application cost of only $28 and an eagerness to help. How embarrassed On 4 June 1997, the Cairns City Council's the Treasurer must have been, hence the application was received by the Department of action, I believe, of the local authorities. Local Government and Planning. However, this application was inconsistent with the At the end of the column, the Bowen Independent states— guidelines and did not meet the auditor's requirements. On 11 June, verbal advice was "The Queensland Government, since given to the council indicating that the the recent Cabinet meeting held here, application details were not in accordance with knows darn well the economic problems the natural disaster relief application Bowen faces and it would no doubt take a guidelines. The council was then asked to dim view of the incompetence of its provide the necessary details. That was officers. reiterated in a letter to the Cairns City Council Perhaps Premier Mr Borbidge should on 18 July formally outlining the additional pay the Gaming Office a little visit and tell details necessary for the suitable them to pull their socks up." recommendation and ministerial approval for I am not so confident. However, I am the granting of the natural disaster relief appalled at the attitude of this Government assistance to the council. towards the people of Bowen. Not only have On 5 September 1997, the Cairns City we had this situation, but we also now have Mr Council once again submitted its application to Perrett coming out supporting the closure of the Department of Local Government and the abattoir at Bundaberg; yet he failed on Planning following the necessary guidelines. every previous occasion to make comments However, it failed to heed section 5 of the 8 Oct 1997 Adjournment 3749 guidelines, which states quite clearly that each Caboolture University Site local government must also provide a copy of Mr J. H. SULLIVAN (Caboolture) its application for assistance to the (7.25 p.m.): In the May 1997 Budget, Government department responsible for the Treasurer Joan Sheldon indicated to the particular type of work involved. In this case, Parliament that she was going to raise the relevant department is the Department of approximately $100m through the sale of Environment through the Beach Protection unallocated State land. I do not have any Authority. As of yesterday, the Beach problem with the sell off of unallocated State Protection Authority had not received a copy of land to raise revenue provided it is a sensible this application from the council. and sensitive procedure. However, three The Mayor of Cairns has publicly weeks ago it came to my attention that constantly criticised this Government in included in this land sale is a portion of general, and me in particular, for the unallocated State land in the Caboolture Shire non-payment of the necessary funds. that has been identified, among other things, Yesterday's Cairns Post is an example. In an as a future university site. article titled "Erosion Repairs to be Fast Honourable members would expect me to Tracked", it was reported that basically the be a bit concerned about that and to raise my Cairns City Council was fed up with waiting for objections to it. However, I think that it is fair to a final report from the Beach Protection say that I am not alone in raising objections to Authority and so has promised to fast track it. For example, the Caboolture Shire Council plans to begin tackling severe sand erosion at has indicated that it intends to fight tooth and Holloways Beach caused by Cyclone Justin. At nail to stop the State Government from selling this point, I would like to comment that sand off the land. I understand from anecdotal erosion was not caused by Cyclone Justin; it sources that the council is to meet with was exacerbated by Cyclone Justin. Since Ministers of the Government this week, if it has local history has been recorded, sand erosion not done so already. Further, on 27 has been an ongoing problem at Holloways September in the Sunshine Coast Daily, the Beach. President of the Murrumba University Association, Mr Steve Brimstone, had this to The Mayor of Cairns, Tom Pyne, went on say— to blame the delay on the Beach Protection "I am flabbergasted to think that any Authority and also was critical of me for saying government would agree to the sale of a that the Cairns City Council had been dragging site so vital to the future of this region and its boots. Councillor Pyne said— its people. It is totally irresponsible and "Ms Warwick was the one who inexplicable." should have to answer for the More than that, it is not just myself and a tremendous delays." prominent National Party supporter, if not a National Party member, in the area who are He was further quoted as saying that the saying this, the Vice-Chancellor of the council had been forced into a corner by the Sunshine Coast University, Professor Thomas delays and now had to start dealing with the is referred to in an article on page 1 of the practicalities of the erosion problem and that it Sunshine Coast Daily under the heading "Fight needed to do such work before the next for uni, Prof urges". Although the headline is cyclone season. not quite the English that we would like, the The Mayor of Cairns has misled the professor stated in that article— people of Cairns. I stand by my assertion that "If this land is lost it will be a disaster the fault lies with the Cairns City Council and not only for shire residents and their not with the State Government and not with student children but for the future of me. I have done all in my power to expedite higher education in the region." this matter and have met with nothing but I hear members ask: why is this going to criticism and insults. As late as yesterday, be a disaster for the future of higher education Cairns City Council officers accepted that they in the region? The answer is simply this: had not submitted a copy of their application students in the Caboolture area do very well at to the BPA. They were requested to do so and high school but it is post high school where I hope in the interests of the people of Cairns they do poorly. It is not that, once those that that request had been heeded. I now students get to university, they do not demand that the Mayor of Cairns, Councillor achieve—indeed a number of those students Tom Pyne, offer a public apology not only to have won university medals and obtained very me but also to the people of Cairns. high positions—it is that they have difficulties in 3750 Adjournment 8 Oct 1997 getting to university. For example, a student of However, of the 80% who were granted a a university who lives in Caboolture is not place, only 55% took up a place. In other entitled under Austudy to a living away from words, something in the vicinity of 40% of home allowance. So to get to a university people who applied for a university place got it. campus, students who live in Caboolture have We need to be sensitive to the aspirations to take what we call a cut lunch and a of our communities. I believe that, in this sandwich just to get there. The only campus instance, the Government is not being that students who live in Caboolture can get to sensitive. In fact, it is the ultimate insult that easily is the Carseldine campus, which offers the Government would seek to raise money in limited courses. the Caboolture Shire to spend somewhere Another problem that the children of else while in the process it is trampling on the Caboolture face is that a large proportion of legitimate aspirations of the Caboolture their parents do not have tertiary qualifications. community to have a university campus. I There is a limited family culture in Caboolture have suggested publicly that the Government in which kids grow up expecting to go to should sell the site to the community for $1, university. It is not that they cannot do it. In which is exactly the price the Government paid 1996 I listened to the acting principal of the the Caboolture Shire Council for the TAFE Caboolture State High School tell the parents college campus site years ago. and student body that, in 1995, 80% of the Time expired. students who graduated from Caboolture State High School and who applied for a Motion agreed to. university place were granted a place. The House adjourned at 7.29 p.m.