3 Oct 2000 Legislative Assembly 3259

TUESDAY, 3 OCTOBER 2000 APPLICATION OF SUB JUDICE RULE CJC Inquiry Into Electoral Fraud Mr SPEAKER: Order! I draw the attention of all honourable members to previous Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Speakers' rulings on the sub judice rule and its read prayers and took the chair at 9.30 a.m. application to the Criminal Justice Commission's open inquiry commencing DIVISION BELLS today. In 1991, Speaker Fouras advised the Mr SPEAKER: Order! Honourable House of an opinion from the Solicitor-General. members, we have a technical problem and I will remind members of its contents. It the bells are not ringing. I intend to adjourn the reads— House for 30 minutes to make sure that every "I refer to previous correspondence in member is able to attend the House. Should relation to the Speaker's ruling in respect there be a division, we can then make sure of the CJC investigation into travelling that they are in the area at that time. allowances and expenses claimed by Sitting suspended from 9.32 a.m. till Members of the Legislative Assembly and 10 a.m. now enclose the Solicitor General's opinion on the matter. ASSENT TO BILLS It will be seen that the Solicitor General's opinion is that whilst it is a Mr SPEAKER: Order! Honourable matter for the discretion of the Speaker, members, I have to report that I have received who is personally charged with the from His Excellency the Governor a letter in responsibility of evaluating whether any respect of assent to certain Bills, the contents particular discussions should take place in of which will be incorporated in the records of the House, if statements are to be made Parliament— in the House which would adversely reflect GOVERNMENT HOUSE on the position of particular individuals QUEENSLAND and specifically would suggest guilt of 14 September 2000 criminal offences, then in view of that The Honourable R. K. Hollis, MLA point, the sub judice rule would be Speaker of the Legislative Assembly relevant and the Speaker would be Parliament House entitled, in exercising his discretion, to George Street prevent such statements." BRISBANE QLD 4000 That informed Speaker Fouras' ruling on 19 Dear Mr Speaker February 1991 that "matters awaiting or under I hereby acquaint the Legislative Assembly that adjudication in all courts exercising a criminal the following Bills, having been passed by the jurisdiction should not be referred to" and that Legislative Assembly and having been presented for the Royal Assent, were assented the "CJC inquiry is like a court or royal to in the name of Her Majesty The Queen on 13 commission and should be treated as such". September 2000: More recently, Speaker Turner, on 3 April A Bill for an Act to amend the Land and 1996, ruled that the "matter of the Resources Tribunal Act 1999 memorandum of understanding between the A Bill for an Act to amend the Mineral Premier and the Police Minister and the Police Resources Act 1989 and other Acts for Union is now the subject of an inquiry by the purposes related to native title CJC and should not be referred to in the A Bill for an Act to amend the Vegetation House." Management Act 1999 Equally, the matters as outlined in the A Bill for an Act to provide for the terms of reference for the Shepherdson inquiry sustainable management of water and into allegations of electoral fraud or any other resources, a regulatory framework for providing water and sewerage services matters which come before the inquiry are now and the establishment and operation of the subject of these rulings on sub judice and water authorities, and for other purposes should not be referred to in the House. The Bills are hereby transmitted to the Legislative Assembly, to be numbered and forwarded to the proper Officer for enrolment, PRIVILEGE in the manner required by law. Mr Speaker's Ruling Yours sincerely Mr BEANLAND (Indooroopilly—LP) (sgd) Peter Arnison (10.03 a.m.): I rise in relation to your Governor ruling—and I presume that that is your ruling. 3260 Petitions 3 Oct 2000

Mr SPEAKER: It is my ruling. Mr BORBIDGE: Mr Speaker, it is a matter Mr BEANLAND: I raise that because of of privilege. past matters involving this issue. In going Mr SPEAKER: You are debating the through the records of Hansard in relation to issue. Tell me what the matter of privilege is. your ruling, I notice that quite a range of issues Mr BORBIDGE: Mr Speaker, to censor and questions were raised in relation to both the Parliament in a manner that has not been the Carruthers inquiry—the memorandum of done before is a matter of privilege. I am understanding—and the Fitzgerald inquiry. It making the point that, notwithstanding those was not a cart blanche situation in which the rulings which you have referred to, there have Speaker ruled that all matters were out of been examples in which previous Speakers order. permitted questions from the Opposition of the Mr SPEAKER: Order! This is not a day to the Government of the day, and that is debate. established parliamentary privilege. Mr BEANLAND: I am just raising the Mr SPEAKER: Order! If the Leader of the issue— Opposition has that sort of evidence on that Mr SPEAKER: Order! Is this a matter of matter, I ask that he provide it to privilege? me—specifically, not just a bundle of papers. Mr BEANLAND: Yes. I am just raising the Opposition members interjected. fact that all matters were not ruled out of order Mr SPEAKER: Order! That may happen, in relation to these issues; questions were but I ask for the material in writing so that I can raised in the Parliament in relation to both the consider it. memorandum of understanding and the Fitzgerald inquiry. Mr Speaker, I presume you Mr BORBIDGE: All I am saying is, "Here are referring to matters that are currently the they are." subject of questions at the inquiry but not Mr SPEAKER: You are debating the broad matters that may not have been issue. I am just saying that you can provide canvassed yet by the inquiry. that to me in writing and then I will hear you. Mr SPEAKER: I refer to Hansard of April Mr BORBIDGE: I would just make the 1996 when at the end of a very long discourse comment that the Opposition would view very by the then shadow Attorney-General the seriously any attempt to censor this Parliament Speaker said— and to prevent the Opposition from doing its "Order! I thank the honourable legitimate job— member for his learned legal contribution. Mr SPEAKER: You are debating the I rule that there is no matter of privilege. I issue. Resume your seat. have made my decision." Mr BORBIDGE:—based on established That is my decision also today. precedent, the details of which are on the parliamentary record. PRIVILEGE Mr SPEAKER: Order! Resume your seat. Mr Speaker's Ruling Hon. R. E. BORBIDGE (Surfers PETITIONS Paradise—NPA) (Leader of the Opposition) The Clerk announced the receipt of the (10.05 a.m.): I rise on a matter of privilege. following petitions— Mr Speaker, with respect, notwithstanding the rulings that were given by previous Speakers, there were a number of instances when Mr A. Rickard questions were directed by the Opposition of From Mr Veivers (506 petitioners) the day and the Opposition Leader of the day, requesting the House to declare that Alan the current Premier, to Ministers in the James Rickard be required to stand aside as previous Government. In fact, there were Councillor for Division 3 of the Gold Coast City questions relating to the MOU that were Council until the holding of a new election or directed to Ministers in the previous some other determination of the matter, and Government, and they are on the Hansard completion of investigations of the Criminal record. Justice Commission and of the applications Mr SPEAKER: Order! This is not a matter now before the Supreme Court of of privilege. You are debating the issue. Queensland. 3 Oct 2000 Papers 3261

Crown Land Electricity Act 1994— From Mr Feldman (5,155 petitioners) Electricity Legislation Amendment requesting the House to make representation Regulation (No. 1) 2000, No. 250 to ensure continued access to Crown land Forestry Act 1959— (State forests and national parks) within Forestry Legislation Amendment reasonable proximity for south-east Regulation (No. 3) 2000, No. 252 Queensland recreation users, including horse Indy Car Grand Prix Act 1990— riders, 4WD enthusiasts and bike riders, at a level equal to or greater than that available Indy Car Grand Prix Amendment prior to the RFA process. Regulation (No. 2) 2000, No. 253 Petitions received. Integrated Planning Act 1997— Integrated Planning Amendment Regulation (No. 3) 2000, No. 235 PAPERS Land Act 1994— The Clerk informed the House of the Proclamation commencing certain tabling of the following documents— provisions, No. 241 PAPERS TABLED DURING THE RECESS Land Act 1994, Vegetation Management Act The Clerk informed the House that the 1999— following papers, received during the recess, Vegetation Management Regulation 2000, were tabled on the dates indicated— No. 243 12 September 2000— Land and Resources Tribunal Act 1999— Criminal Justice Commission— Queensland Prison Industries: A Review Proclamation commencing remaining of Corruption Risks provisions, No. 244 15 September 2000— Local Government (Chinatown and The Valley Malls) Act 1984, Local Government (Queen Electoral Commission Queensland— Street Mall) Act 1981— Research Report 1/2000, Statistical Profiles: Queensland State Electoral Local Government (Malls) Regulation Districts 2000, No. 254 26 September 2000— Mental Health Act 1974— Queensland Audit Office—Annual Report Mental Health Amendment Regulation 1999-00 (No. 1) 2000, No. 237 27 September 2000— Mineral Resources Act 1989— Supreme Court Library Committee— Mineral Resources Amendment Regulation Annual Report 1999-00 (No. 2) 2000, No. 238 28 September 2000— Motor Accident Insurance Act 1994— Queensland Dairy Authority—Annual Motor Accident Insurance Amendment Report 1999-00 Regulation (No. 3) 2000, No. 236 Tertiary Entrance Procedures Authority— Native Title (Queensland) State Provisions Annual Report 1999-00 Amendment Act (No. 2) 1998— STATUTORY INSTRUMENTS Proclamation commencing remaining The following statutory instruments were tabled provisions, No. 246 by The Clerk— Native Title Resolution Act 2000— Casino Control Act 1982— Proclamation commencing remaining Casino Control Amendment Regulation provisions, No. 245 (No. 1) 2000, No. 255 Nature Conservation Act 1992— Community Services (Aborigines) Act 1984 Nature Conservation (Protected Areas) Community Services (Aborigines) Amendment Regulation (No. 6) 2000, Amendment Regulation (No. 2) 2000, No. 251 No. 240 Professional Engineers Act 1988— Dental Act 1971— Professional Engineers Amendment Dental Amendment By-law (No. 1) 2000, Regulation (No. 1) 2000, No. 239 No. 233 Superannuation (State Public Sector) Act 1990 Drugs Misuse Act 1986— Superannuation (State Public Sector) Drugs Misuse Amendment Regulation Amendment Regulation (No. 1) 2000, (No. 1) 2000, No. 234 No. 247 3262 Papers 3 Oct 2000

Supreme Court of Queensland Act 1991— amalgamation of the Queensland Uniform Civil Procedure Amendment Rule Symphony Orchestra and the Queensland (No. 2) 2000, No. 232 Philharmonic Orchestra. Training and Employment Act 2000— The following advice is provided on this matter. Proclamation commencing remaining provisions, No. 248 The complex artistic and financial issues surrounding the two orchestras have been Valuation of Land Amendment Act 2000— reviewed by three State Government Proclamation commencing remaining working parties, in 1991, 1995 and 1998 provisions, No. 256 respectively. The 1995 and 1998 Working Vegetation Management Act 1999— Parties each supported the merger option. In December 1998, the Commonwealth Proclamation commencing remaining Government commissioned The Major provisions, No. 242 Performing Arts Inquiry, chaired by Dr Water Act 2000— Helen Nugent. The Inquiry's Final Report Proclamation commencing certain (the Nugent Report), published in provisions, No. 257 December 1999, supported a merger through the creation of a 'community of Water Regulation 2000, No. 258 musicians' with separate branding for the Water (Transitional) Regulation 2000, Queensland Symphony Orchestra (QSO) No. 259 and the Queensland Philharmonic Workplace Health and Safety Act 1995— Orchestra (QPO). Workplace Health and Safety Amendment This proposal received due consideration Regulation (No. 1) 2000, No. 249 by both the Commonwealth and Queensland Governments leading to a MINISTERIAL RESPONSES TO public announcement of the merger on 9 PARLIAMENTARY COMMITTEE REPORTS May 2000. An implementation team with The following responses to parliamentary representation by the key stakeholders committee reports, received during the recess, including the players was established were tabled by The Clerk— under the leadership of Arts Queensland response from the Minister for to oversee the merger's implementation. Employment, Training and Industrial The key objective has been the creation Relations (Mr Braddy) to Report No. 65 of of the new Board for the merged the Public Works Committee entitled orchestral entity. An announcement on the Building Refurbishment at the Gold Coast Chair and composition of the Board is Institute of TAFE (Southport Campus) expected shortly. response from the Minister for The QPO and the QSO currently have Environment and Heritage and Minister for projected combined deficits for the 2000 Natural Resources (Mr Welford) to Report calendar season of approximately $1.5M. No. 69 of the Public Works Committee Clearly, a situation where both orchestras entitled The Tweed River Entrance Sand were accumulating deficits of this order Bypassing Project could not continue. The merger of the QSO and QPO is therefore essential to MINISTERIAL RESPONSES TO PETITIONS ensure the future artistic and financial The following responses to petitions, received viability of orchestral services in this during the recess, were tabled by The Clerk— State. Response from the Attorney-General and Following the Nugent Report and Minister for Justice and Minister for The Arts negotiations between the Commonwealth (Mr Foley) to a petition presented by Mr and the State, increased funding of over Hegarty from 824 petitioners, regarding the $900,000 will be provided to the new amalgamation of the Queensland Symphony Orchestra in 2001 with increased recurrent Orchestra and the Queensland Philharmonic funding in subsequent years in excess of Orchestra— $377,000 per annum. 19 Sep 2000 The question of the final number of Mr R. D. Doyle players is still unresolved. At this time, The Clerk of the Parliament planning is predicated on 96 players which Parliament House reflects the existing combined number of Alice and George Streets players employed by the two orchestras. BRISBANE QLD 4000 The future number of players will be a matter for the new Board and will Dear Mr Doyle obviously be dependent in part on Thank you for your letter of 25 August revenue and the capacity of the new 2000 enclosing a copy of the petition from Board to support an increased number of Mr Ross Sadler regarding the players. 3 Oct 2000 Papers 3263

Similarly, the number of performances and Coast District Operations Support Group program choices by the new Orchestra which was established late last year under will be a matter for the new Board. I have the Beattie Labor Government. Further been advised that the 2001 program is Police Operations are planned for coming currently in development and represents months. all musical styles from the Baroque Offences being committed along the through to the contemporary repertoire. beachfront areas has resulted in a number The Queensland Government has made a of policing strategies being implemented strong commitment to the new Orchestra to curb this trend, including the dedication to ensure that Queensland has a strong of four police officers to perform foot and and vibrant fine musical life with a viable bicycle patrols. Also a police van patrol artistic and financial framework. However, has been introduced during peak times to ultimately, responsibility for operational address street offences associated with issues including the number of players and licensed premises in the area. programming will be matters for the new A major upgrade of the Coolangatta Board. Watchhouse has also been completed I trust that these comments address the since we came to Government in 1998. key issues raised by the petitioners and The petitioners can rest assured that we request that my response be tabled in shall continue to improve policing services Parliament. to all Queenslanders and as a result the Yours sincerely Coolangatta area will see further (sgd) Matt Foley improvements under our Government over coming years. Attorney-General and Minister for Justice and Minister for The Arts Yours sincerely Response from the Minister for Police and (sgd) Tom Barton MLA Corrective Services (Mr Barton) to a petition Minister for Police and Corrective presented by Mrs Attwood from 15 petitioners, Services regarding fine defaulters in prisons— Response from the Minister for Police and 22 Sep 2000 Corrective Services (Mr Barton) to a petition Mr R. D. Doyle presented by Mr Quinn from 1,060 petitioners, The Clerk of the Parliament regarding Police resources at Coolangatta— Parliament House 7 September 2000 Alice and George Streets Mr R. D. Doyle BRISBANE QLD 4000 The Clerk of the Parliament Dear Clerk Parliament House I refer to the Petition received by the Alice and George Streets House on 6 September 2000 regarding BRISBANE QLD 4000 Police resources at Coolangatta. Dear Robert The Beattie Labor Government is Petition from Julie Attwood MLA re Fine delivering on our commitment to the Defaulters in Prisons people of Queensland to deliver a better The concerns of the petitioners appear to policing service. be the number of fine defaulters within Part of this commitment was that actual Queenslands prisons. As of 15 August numbers of police would increase to 9100 2000, there were 125 fine defaulters, who by 30 June 2005. As the additional officers had no other charges against them, in the funded by the Beattie Labor Government prison system. progressively become available, they are Motion 1 being deployed throughout the State in accordance with the needs and priorities That those currently in jail for non- identified by the Police Service. payment of fines should be released to serve Community-Based Orders. In the case of the Coolangatta Police Station this has meant that since coming Comment to government in June '1998 the actual The State Penalties Enforcement Registry strength has increased from 20 officers to will fully commence operations on 27 30 as at 1 September 2000. November 2000. This program outlines In addition to the extra police on the alternatives to people to enable them not ground a number of specific operations to enter the prison system. pawnbrokers, stealing from motor All Setons Orders, more than 65 per cent vehicles, street and liquor offences and of all fines enforced in Queensland, traffic offenders have been conducted in become SPER Orders and will be subject recent weeks. These initiatives have to SPER legislation from 27 November utilised police from the 24 strong Gold 2000. 3264 Papers 3 Oct 2000

Offenders must elect to perform Response from the Minister for Environment community service. They also have the and Heritage and Minister for Natural Resources options of entering into compliance (Mr Welford) to a petition presented by Mr agreements or instalment plans. Lucas from 187 petitioners, regarding the Motion 2 proposed relocation of the 1916 Lytton Quarantine Station dining room building— That, in the future, fine defaulters should be given community-based orders as a 8 Sep 2000 first option. This is opposed to a fine Mr R. D. Doyle option order, which has a higher chance of The Clerk of the Parliament failure, resulting in imprisonment. Legislative Assembly Offices Comment Parliament House Offenders must be suitable for and elect Alice and George Streets to perform community service. Failure to BRISBANE QLD 4000 complete a community based order results Dear Mr Doyle in the person being returned to court for Thank you for your letter of 19 July 2000 the original matter to be heard again as concerning a petition received by the well the failure to complete the order. Queensland Legislative Assembly Suitability is essential to ensure we do not concerning the proposed relocation of the set people up to fail. 1916 Lytton Quarantine Station dining There are more options available to room building from the Queensland Fire people under a Fine Option Order. The and Rescue Authority centre to the former monetary penalty can be converted into Quarantine Station site. community service hours. People can pay I support the proposal to return this the balance of the fine and thus reduce building to its original location within the the number of hours to be completed. former Quarantine Station. However, Failure to comply with this order results in contrary to the information contained in performed community service hours being the petition, this location was never within deducted from the fine with no additional the Fort Lytton National Park. The five penalties imposed. hectare extension to the National Park, Projections are that Fine Option Order gazetted in March 1995, covers the numbers will drop with the impact of Quarantine Station buildings remaining in SPER. Within the first 20 days of the situ at the time, and was purchased from SPER call centre being operational 1,900 the Port of Brisbane Corporation. fine defaulters entered into agreements. Research by officers of the Queensland Almost 200 warrants were paid in full and Parks and Wildlife Service (QPWS) has recalled and $95,000 was collected. established that the original site of the Motion 3 1916 dining room and kitchen lies to the That the money saved by these means be south of the National Park boundary, on devoted to resourcing community-based land owned by Caltex. As such, it would options for fine defaulters, including be inappropriate to impose that building restorative justice options. This should into the National Park site. include adequate resourcing of the State The QPWS has longer-term plans to Penalties Enforcement Register (SPER) so develop a strong heritage interpretative as to be fully effective. program around the intact section of the Comment Quarantine Station within the National Park. These existing buildings can show Budgets to operate SPER and programs the flow of movement of new arrivals from within the Department of Corrections have vessels at the wharf, through the already been finalised and approved for reception centre to the shower block, and this financial year. the sterilising and washing of clothing and Variations to operational procedures that possessions in the steam autoclaves and have budgetary impacts were accounted adjacent laundry. Locating the 1916 dining for within the financial planning of the room building within the National Park department. Treasury ensures the would degrade the value of that program. accuracy of costing within all portfolio Accordingly, it is recommended that the areas. Wynnum Manly Historical Society Inc While community based options rest with approach Caltex regarding its proposal for the Department of Corrective Services, relocation of the building to its original the SPER program comes under the site. Attorney General. All programs and projects are fully costed as required by Thank you for bringing this matter to my Treasury. attention and I trust this information is of assistance. Yours sincerely Yours sincerely (sgd) Tom Barton MLA (sgd) Rod Welford Minister for Police and Corrective Services ROD WELFORD MLA 3 Oct 2000 Ministerial Statement 3265

MINISTERIAL PAPERS TABLED BY THE Demonstrate our support for the people of CLERK East Timor The Clerk tabled the following ministerial Promote Queensland's capability in areas papers received during the recess— such as infrastructure, governance and Minister for Employment, Training and Industrial energy sectors Relations (Mr Braddy)— Provide business delegates on the mission Report under section 56A(4) of the with me with an insight into the work being Statutory Instruments Act 1992 undertaken and planned in the rebuilding of this nation Minister for Health (Mrs Edmond)— Promote and support the activities of Report under section 56A(4) of the Queensland companies in East Timor Statutory Instruments Act 1992 Strengthen future economic and business Minister for Police and Corrective Services (Mr relationships by promoting Queensland Barton)— products and services and encouraging Report under section 56A(4) of the Queensland organisations and businesses Statutory Instruments Act 1992 to participate in the rebuilding of East Minister for Mines and Energy and Minister Timor Assisting the Deputy Premier on Regional Provide mission delegates with Development (Mr McGrady)— opportunities to meet East Timorese public and private sector leaders Report under section 56A(4) of the Statutory Instruments Act 1992 Reveal to mission delegates potential Minister for Environment and Heritage and areas of business opportunity and Minister for Natural Resources (Mr Welford)— procedures they may need to follow if they decide to seek business in East Reports under section 56A(4) of the Timor. Statutory Instruments Act 1992. Mr BEATTIE: There is just one matter I wanted to add in addition to that. While I was OVERSEAS VISIT in East Timor, I visited the 6th Battalion RAR Report from Enoggera. Hon. P. D. BEATTIE (Brisbane Central— Mr Fouras: In the electorate of Ashgrove. ALP) (Premier) (10.08 a.m.): I have just Mr BEATTIE: Indeed, it is based in the conducted a three-day trade and friendship electorate of Ashgrove. mission visit to one of our closest neighbours, One of the young soldiers who was East Timor. I table a copy of my report for serving his country well in the United Nations members of the House. Bearing in mind what asked me a question as to whether Australians has happened today, I seek to incorporate my remembered that we were still in a UN comments in Hansard so that I can save the peacekeeping role in East Timor. I assured time of the House. him that they did. But I would urge the Leave granted. Australian media, in particular the Courier-Mail Queensland has an obligation to do what it can and our other local media here, to provide in helping to rebuild this shattered nation. some emphasis and coverage of the I told CNRT Leader Xanana Gusmao at a Australians serving in East Timor because they meeting in Dili that Queensland wants to are doing this country and this State proud. establish a long-term relationship with East Timor, including a close business relationship covering a wide range of issues including Timor MINISTERIAL STATEMENT Sea gas to Queensland. Response to LCARC Report The Queensland Government has the expertise Hon. P. D. BEATTIE (Brisbane Central— and experience to help with the legislative, ALP) (Premier) (10.09 a.m.), by leave: I table administrative and infrastructure needs. the Government's response to the Legal, In addition to being good neighbours there are Constitutional and Administrative Review also a vast range of contracts being made Committee's report No. 24 entitled Review of available following the offer to East Timor of the Queensland Constitutional Review $500 million in developmental assistance from Commission's recommendations relating to a the World Bank and other agencies. consolidation of the Queensland Constitution, I want as many of those contracts as possible and report No. 27 entitled Review of the to be won by Queensland companies. Queensland Constitutional Review The objectives of my mission were to: Commission's recommendation for four year 3266 Ministerial Statement 3 Oct 2000 parliamentary terms. I table both those will allow Governments to engage in longer- documents. term planning and decision making and concentrate on delivering infrastructure and I am pleased to announce to the House services to Queensland for longer before today that I will be introducing two Bills, the having to prepare to face an election. It will Constitution of Queensland Bill 2000 and the encourage business stability and confidence Parliament of Queensland Bill 2000, into this and reduce the costs associated with elections House in the near future so that for the first to Queensland. I want to discuss this matter time in 130 years Acts consolidating with other party leaders to garner their support Queensland's Constitution might be passed for a four-year term model. While the during the term of the current Parliament. Government's preferred position is for a fixed Our Commonwealth and State four-year term, this is open to negotiation. Constitutions are the fundamental laws as to The history of referendums indicates that how the people of Australia and Queensland bipartisan support is vital for the success of are governed. However, Queensland's constitutional reform. Accordingly, I ask all Constitution is currently spread over at least 10 political leaders to approach this task in a spirit different pieces of legislation and is written in of bipartisan cooperation. The parliamentary difficult and archaic language. Given the committee is still considering the remainder of fundamental importance of our constitutional the Queensland Constitutional Review legislation and the bipartisan support that has Commission's recommendations for issues of been demonstrated for consolidating this major reform for the State Constitution. I look legislation through the reports of various forward to reviewing the committee's report in parliamentary committees over the years, I will due course when it has been tabled. be seeking the support of the other parties for the passage of the Constitution of Queensland 2000 and the Parliament of Queensland Bill MINISTERIAL STATEMENT 2000. Olympic Business Forums, Goodwill Games The Government released discussion Hon. P. D. BEATTIE (Brisbane Central— draft Bills for a consolidated, plain English ALP) (Premier) (10.13 a.m.), by leave: State Constitution in July 1999, after more Queensland was going for gold at the than seven years of ongoing examination for a Olympics—in the pool, on the track and in the consolidated Constitution at independent boardroom. The Olympic Games provided a commission and parliamentary committee tremendous opportunity to promote the level. The discussion draft Bills and an issues benefits of doing business with and in paper formed the basis of the Queensland Queensland. The Games also offered the Constitutional Review Commission's extensive chance to further promote the Goodwill six-month community consultation program on Games, which will be held in Brisbane and the State constitutional reform issues, which Gold Coast next year. reported in February this year. Minor and non- Over two days in Sydney, I hosted almost contentious refinement of the consolidated 400 international and national businesspeople draft Bills as recommended by the commission at two functions on board the 6,000 tonne and now endorsed by the parliamentary Incat at wharf seven at Darling Harbour. At a committee will be made. Entrenched lunch function on Thursday, 21 September, provisions which require a referendum will Queensland executives mixed with company remain unchanged. This plain English rewrite chiefs from the rest of Australia and overseas of our State Constitution will not only provide with a view to matching business opportunities. an accessible and easily understood At the dinner function the next night, Friday 22 document for everyone, but in informing September, I hosted executives who we Queenslanders of our existing constitutional believed could be interested in investing in provisions it means that we might all be Queensland and who have been working with included in considering the critical a number of Government departments, constitutional reform questions in the future. including the Department of State One issue of constitutional reform that I Development. will ask Queenslanders to consider is the Guests at these functions included Dr Ali introduction of four-year parliamentary terms Bacher, President of the United Cricket Board for the Legislative Assembly, which I propose of South Africa; Andrew Green, the Executive to put to a referendum after the next election. Director of Australia Venture Capital Queensland is the only State legislature that Association; Alan Grummit, the Consulate has a three-year term, as does the House of General of the Philippines; Mr Wells, manager Representatives. A longer parliamentary term of bulk and general stevedoring at 3 Oct 2000 Ministerial Statement 3267

P & O Ports; Dr Klaus Albrecht, Vice-President wanted to make sure that Queensland was out of Deutsche Bank; Silvia Giuffrida, Italian in front in seeking new investment, new Trade Commissioner; Trevor Rowe from business and new jobs, and we have Salomon Smith Barney; and the list goes on. I succeeded. I am confident that the work we table for the information of the House two put in will be repaid by new and enhanced attendance records of those functions. They business for Queensland. are about 99% accurate, because there are I also took the opportunity at these events always last-minute changes. I table them so to talk to businesspeople about sponsorship of the Parliament has some idea of the diverse the Goodwill Games and other major events and extensive list of business acceptances for and of course promoted the Goodwill Games. those functions. We showed a video at both functions in The functions featured Queensland wines Sydney. The Goodwill Games will be held and floral displays and entertainment from between 29 August to 9 September and will Queensland's Ten Tenors opera singers. As be the most prestigious sports event held next an additional springboard to reach executives, year. It will be broadcast to 450 million we used prime advertising positions in the households worldwide, including 80 million Sydney Morning Herald every day between households in the United States during prime Tuesday and Friday in the first week of the time. This offers incredible international Olympics to get our Queensland message exposure for Brisbane and Queensland. I across. One advertisement said, "When you hope corporations will back these Games in move your company to Queensland, it'll be in the same way they have supported the a Smart State". The second advertisement Olympic Games. I also hope the same read, "You're in good company when you generous community spirit shown at the make the move to Queensland." I table those Olympics will flow through to the Goodwill advertisements for the information of the Games. House. They cost $50,000. I believe it was Next year, the International Year of the $50,000 very well spent. Volunteer, the Goodwill Games will be calling The Queensland Government also took for volunteers to help in the same way as advantage of the Olympic soccer matches that volunteers at the Olympic Games did. We will were played at the Gabba in Brisbane. need volunteers to perform roles such as Ministers hosted business, Government meeting and greeting and marshalling at main leaders and community representatives from venues and the media centre. As with the Australia and overseas, as well as from Olympics, volunteers will be an integral part of Queensland, at corporate boxes and the success of the Goodwill Games. promoted the advantages of doing business At lunchtime today, I will be joining with or in Queensland. Among our guests were Michael Johnson, Olympic gold medal winner the Governor of the Saitama Prefecture, His and Goodwill Games competitor, at Milton Excellency Yoschihiko Tsuchiya—and, as State School. Michael Johnson, a Goodwill members know, Queensland has been a sister Games ambassador, will be coaching some of State with Saitama for some years—as well as the students. I will get to fire the starting gun other guests including a delegation from our for one of the races, which will be about as sister State South Carolina, including John close as I get. Michael Johnson's visit to Durst, the Director-Elect of the South Brisbane on the back of his performance in Carolinian Department of Parks, Recreation Sydney underlines the fact that the Goodwill and Tourism. Games will attract the world's elite athletes. We have also benefited enormously from More than 1,300 of the world's best athletes a long-term, proactive program to ensure will compete in a fast-paced, finals only Queensland companies won a good share of competition. The international attention that contracts placed by SOCOG for the Games in will come from having top athletes competing Sydney. The State Government has more head to head will place Brisbane and than doubled its original target to help win Queensland at the forefront of world sporting Games business for small and medium-sized events for 2001. firms in Queensland. We developed an Olympic 2000 Business Opportunities Project MINISTERIAL STATEMENT which aimed to assist Queensland businesses to gain short, medium and long-term Howard Smith Wharf Site; Removal of commercial benefits from the Olympics. Our Makeshift Shelters original target was $50m. We have surpassed Hon. R. E. SCHWARTEN (Rockhampton— that with $105m. With all States jostling for ALP) (Minister for Public Works and Minister for position in the race for business investment, I Housing) (10.19 a.m.), by leave: I wish to 3268 Ministerial Statement 3 Oct 2000 advise the House that action is being taken gas primarily from Queensland's first today to remove people occupying land at the commercial coal seam methane gas field at top of the State Government owned Howard Peat in the Bowen Basin. That is something Smith wharf site adjacent to the Story Bridge. the Energy Minister has been pursuing for The erection of makeshift shelters on the site, some time now. It is good to see that coal the occupation of those shelters and so-called seam methane will drive this plant. caves under the footpath, as well as the The use of alternative energy supplies is consequent presence of rubbish and other one of the key planks in the Government's material, has given rise to complaints from energy policy, which was released last May. nearby residents. Because of the peculiar This policy will require electricity retailers that physical nature of the site, I believe there is operate in Queensland to source 15% of their also a personal safety issue for people electricity sold in the State from gas-fired or choosing to live there. renewable generation from 1 January 2005. The advice available to me is that the Further environmental benefit will be people concerned are occupying land which is achieved later this year. From November, the responsibility of the Brisbane City Council. recycled water from the new Luggage Point The council maintains that this is not the case. water treatment facility would be supplied to As both Minister for Public Works and Minister the cogeneration plant and BP refinery, for Housing, I am not interested in debating instead of other Brisbane City Council water. such a question. I have asked the Department This is a very important project for the State. of Housing to do all it can to find suitable accommodation for those wanting it. Such This Government enthusiastically supports accommodation will be made available to gas-fired power projects, as will be noted from those willing to accept such an offer. our energy policy. We are committed to encouraging the development of a competitive Officers of the department have been market for natural gas because we believe that working in conjunction with the local group, competition will foster industrial growth Community Access and Support Service, to throughout the State. assist those people wanting alternative accommodation. I have asked that this matter This development will assist the be resolved today. I have also asked the Government to meet the target we have set in Department of Public Works to remove our Cleaner Energy Strategy, which is to structures on the site and seal up the caves to reduce greenhouse gas emissions by more prevent further occupation. than 30 million tonnes over 10 years. That is equivalent to removing the greenhouse emissions of around one million cars. That is MINISTERIAL STATEMENT how significant this project is. Bulwer Island Cogeneration Plant In a future world of price penalties for Hon. J. P. ELDER (Capalaba—ALP) greenhouse gas emissions, the Queensland (Deputy Premier and Minister for State energy policy could save the State economy Development and Minister for Trade) around $80m a year by 2008, totalling $320m (10.20 a.m.), by leave: Later today I will be by the end of the first assessment period in opening the $75m Bulwer Island cogeneration 2012. Rest assured that this Government is plant, which is a clear example of how future not only working to meet the State's growing industrial power needs can be handled. As the power needs but also doing it in a responsible Minister for Mines and Energy and I know, this manner. I congratulate BP on its decision. particular cogeneration plant will deliver significant benefit to the community in general. This facility has created more than 700 jobs MINISTERIAL STATEMENT during the construction phase and has brought South-east Busway $50m in local content, goods and services to Hon. S. D. BREDHAUER (Cook—ALP) the community. The new facility will supply (Minister for Transport and Minister for Main 90% of electrical needs and 75% of steam Roads) (10.23 a.m.), by leave: Over the past needs for BP's expanded refinery in Brisbane. two weeks Queensland has played an The environmental benefits of this project important role in Australia's Olympic success, will also be substantial. The cogeneration plant with Brisbane hosting the preliminary rounds uses clean natural gas as fuel and highly and a quarterfinal match of the Olympic efficient gas turbine technology, which will lead football tournament. Seven games were held to a significant reduction in greenhouse gas at the Brisbane Cricket Ground at emissions. Under a 20-year agreement with Woolloongabba from 13 to 23 September BP's refinery, Origin Energy will supply natural 2000. There is little doubt that it was very 3 Oct 2000 Ministerial Statement 3269 successful. Crowds ranged in size from 25,000 sophisticated busway in the world and that it is to 37,000 and averaged 30,000 per game. further proof that Queensland is the smart Public transport played a major role in the State. success of the tournament, with an estimated The open day was staffed by hundreds of 52% of the attendees at the football travelling volunteers, including staff from Queensland by public transport. This share increased to Transport and Main Roads and Rotary clubs 55% for the quarterfinal match between Brazil from within the project corridor, as well as and eventual gold medal winners Cameroon. Olympic football volunteers. There was also Queensland Rail, Queensland Transport and strong representation from contractors Brisbane Transport provided integrated responsible for civil construction: Leighton, services to the football patrons, with the price Thiess, BMD Green, and Bielby and Walter included in the cost of the Olympic ticket. The Construction, who are currently constructing rail/bus interchanges at Vulture Street/South state-of-the-art busway stations at the Bank and Roma Street Railway Station were Queensland Cultural Centre, South Bank, the used to advantage. Mater Hill Hospital and Woolloongabba. The new south-east busway was used The city to Woolloongabba section of the between the city and Woolloongabba, and the busway will be opened to permanent bus operators and drivers were very pleased scheduled services in both directions late in with the time savings made through using the October 2000, by which time patrons will have busway and bypassing the congested city access to stations at the Cultural Centre, streets. Typical trip times observed for buses South Bank, Mater Hill and Woolloongabba. using the busway were: Vulture Street Railway As of that date, up to 31 Brisbane Transport Station to Woolloongabba, three minutes; and nine National Bus Lines routes will travel Queen Street bus station to Woolloongabba, on this completed section of the south-east seven minutes; and Roma Street Railway busway. Station to Woolloongabba, 10 minutes. Patronage splits for the average crowd were I take this opportunity to publicly thank all equally impressive: Vulture Street, 2,400 those involved with the open day and the people; Queen Street, 3,200 people; and transport arrangements put in place for the Roma Street, 3,100 people. For the average Olympic football tournament. The fact that the crowd, about 8,700 people used the busway. Government and contractors were able to fast- track completion of this section of the busway An indication of the public's confidence in nine months ahead of schedule clearly the new busway was given at the south-east demonstrates the cooperative relationship that busway open day held on 27 August 2000. exists between the Government and private Tens of thousands of Queenslanders sector in Queensland. participated in the open day, which provided a unique opportunity for the people of south- On behalf of the Government I east Queensland to walk a distance of 2.7 acknowledge and congratulate Queensland kilometres along the busway, from Melbourne Transport staff and contractors such as Street to Woolloongabba. My departmental Leighton, Thiess, Peabody and Walter officers and I were delighted with the Construction for their efforts in meeting the enthusiastic public response to the invitation to tight schedule imposed by the Olympics. I also view at first hand this magnificent new asset. recognise the close levels of cooperation The event was a major success, with crowd between the Brisbane City Council, Brisbane estimates indicating that around 50,000 Transport, Queensland Transport and people walked the section. In addition, Queensland Rail in delivering integrated $14,000 was raised through gold coin transport services for Olympic patrons. This donations on the day. This money will be used high level of cooperation augers well for future to benefit charities throughout South Brisbane cooperative activities, such as the CityTrans and Woolloongabba. joint venture currently under way between Queensland Rail and Brisbane Transport. After speaking to many people who walked the 2.7 kilometre section between the The remaining portion of the south-east Convention Centre and the new busway from Woolloongabba to Eight Mile Woolloongabba busway station, I am Plains is on track for completion in mid 2001. confident that most people now understand Given recent experiences, there is little doubt that the busway will play a vital role in making that this critical piece of transport infrastructure Brisbane's public transport system better than will be instrumental in achieving the Beattie ever. I am equally confident that they are Government's vision for a world-class public aware that Brisbane can now boast the most transport system for south-east Queensland. 3270 Questions Without Notice 3 Oct 2000

PERSONAL EXPLANATION that Mr Dennis Mullins, a Labor Party member Clayfield Campaign Committee and friend of his chief of staff, signed ghost Mr SANTORO (Clayfield—LP) voters on to the electoral roll in 1996 using the (10.28 a.m.), by leave: On 23 August in a address 42 Willard Street, Carina Heights? personal explanation to the House I stated Can the Minister confirm that Mr Mullins did that all requirements of political disclosure had this to save the Minister's bacon as a Labor been met. At that time I believed my member of Parliament after he was challenged statement to be accurate. As a further for preselection by Labor Unity member and precaution I asked for the records of the union organiser Gordon Zigenbine— Clayfield campaign committee to be Mr SPEAKER: Order! That is sub judice. If rechecked. As a result it has been brought to you— my attention that the committee's disclosure Mr BORBIDGE: Mr Speaker— for 1998-99 did not include details of some Mr SPEAKER: Order! fundraising activities undertaken after the accounts were finalised following the 1998 Mr BORBIDGE: I rise to a point of order— election. Mr SPEAKER: Order! Let me tell you why. The office-bearers of the Clayfield The terms of reference for the Shepherdson campaign committee have now provided inquiry include these words in the final details of all matters requiring disclosure to the paragraph— State director of the Liberal Party, as the "... such other alleged conduct which responsible officer for these matters. I am constitutes a criminal offence in respect of informed that he has now taken steps to any plebiscite conducted within the years ensure that all disclosure requirements are 1993 to 1997." met. In addition, and to avoid any further controversy, I have voluntarily included the That is saying that such questions are sub Clayfield staff account on my pecuniary judice. interest return. I apologise to the House for the Mr BORBIDGE: Mr Speaker— unintentional error in part of my earlier Mr SPEAKER: Order! I am not going to explanation. argue the point. Mr BORBIDGE: There is no reference to SCRUTINY OF LEGISLATION COMMITTEE the Minister for Local Government— Report Mr SPEAKER: Order! I am not going to Mrs LAVARCH (Kurwongbah—ALP) argue the point. (10.29 a.m.): I lay upon the table of the House Mr BORBIDGE: This matter has not been the Scrutiny of Legislation Committee's Alert canvassed. Digest No. 13 of 2000 and move that the report be printed. Mr SPEAKER: Order! I have just made a ruling. Ordered to be printed. Mr BORBIDGE: This is censorship of the Parliament. NOTICE OF MOTION Mr SPEAKER: Order! I have just made a Prostitution Legislation ruling. Mrs LIZ CUNNINGHAM (Gladstone—IND) Mr BORBIDGE: Is that your ruling? (10.29 a.m.): I give notice that I shall move— "That this House supports Mr SPEAKER: Order! That is my ruling. amendment of the Queensland Mr BORBIDGE: I give notice of dissent. Prostitution Act to allow local governments Mr SPEAKER: Very well. I have made a whose populations exceed 25,000 people ruling. the same right of refusal of brothel applications within their local government areas as currently exists for local Electoral Fraud governments with populations under Mr BORBIDGE: My second question is 25,000 people." also directed to the Minister for Local Government. Can the Minister confirm that QUESTIONS WITHOUT NOTICE one of the voters registered at 42 Willard Electoral Fraud Street, Carina Heights, in February 1996 changed her electoral address to 12 Mr BORBIDGE (10.30 a.m.): I ask the Wellington Street, Coorparoo, in November Minister for Local Government: can he confirm 1996? 3 Oct 2000 Questions Without Notice 3271

Mr SPEAKER: Order! I also rule that Mr BEATTIE: I was disgusted at the question sub judice. comments made by the Federal Agricultural Mr BORBIDGE: Where is the reference to Minister, Warren Truss, last week in response that in the inquiry? to farmers' calls for a freeze on the fuel excise. Last week, Mr Truss—who calls himself a Mr SPEAKER: Order! I have just told the Queenslander—told the ABC Country Hour the honourable member that I have made a ruling. following— That is it! If you— "I'd ask the rural sector consider very Mr BORBIDGE: I give notice of dissent carefully the favoured position that it has from your ruling. in relation to excise rebate. That is an Mr SPEAKER: Order! I warn Opposition enormous advantage to farmers and I members that if they continue to try to run the don't think it's wise to draw attention to inquiry in this place, I will warn them. the fact that these sorts of subsidies and Mr BORBIDGE: These matters are not assistance is provided to the rural sector." before the inquiry. What a disgraceful thing to say about the Mr SPEAKER: Order! I have referred bush! What a disgraceful attack on our honourable members to the clause in the farmers! terms of reference. I will warn members if they Farmers receive a diesel fuel rebate in continue with this behaviour. recognition of the fact that they use the fuel Interruption. off-road. The fact is that under the Howard coalition Government, which includes the National Party, the rebate does not cover the PRIVILEGE excise. The Federal Government is forcing Mr Speaker's Ruling farmers to pay a 1.78c per litre shortfall in the rebate compared to the excise rate. From 1 Mr BORBIDGE: I rise on a matter of July, the Federal Government has collected privilege. As Premier in the previous 37.481c per litre in excise for every litre of Government, I and my Government were diesel used on a farm. The diesel fuel rebate subjected to questions from the current has been set at 35.695c per litre. If the Premier, the current Deputy Premier and a Federal Government thinks it can blackmail host of others from that side of the House. farmers on this issue, it is gravely mistaken. Mr SPEAKER: Order! The honourable This Government will stand by farmers member— and fight with them. Even when those Mr BORBIDGE: What you are seeking to opposite betray the bush, this Government will do today is introduce censorship of the stand by the farmers. We will stand by the Parliament. farmers as they are betrayed by the National Mr SPEAKER: Order! Resume your seat. Party. Mr BORBIDGE: I rise to a point of order. Opposition members interjected. There is no reference to the matters that I Mr BEATTIE: Is it not about time that have raised in the terms of reference of the someone stood up for the farmers? Let me tell Shepherdson inquiry. honourable members that this Government will Mr SPEAKER: Order! If the Leader of the stand up for the farmers. I understand that Opposition wishes to question that matter, he primary producers— can write to me. The matter will not be Opposition members interjected. debated here. Mr BEATTIE: I am standing up for the Mr BORBIDGE: Mr Speaker, I give notice farmers and those opposite are trying to that I will move dissent from your ruling. undermine me. They are on the side of the petrol barons. Those opposite are on the side of the oil companies. QUESTIONS WITHOUT NOTICE I understand that primary producers are Fuel Excise Freeze gathering in Toowoomba today to once again Mr PURCELL: I refer the Premier to veiled target the Federal Government's refusal to threats by the Federal Government to freeze the fuel excise. Indeed, my office has Queensland farmers who are calling for a received a media alert for today's proceedings. freeze on the fuel excise. Is the Premier aware That media alert reads— of the response of Queensland farmers to that "Photo opportunity: Typical farm threat and does he support their calls for vehicles like tractors will provide a contrast freezing the fuel excise? to a plough being pulled by draft horses 3272 Questions Without Notice 3 Oct 2000

which the Federal Government could see you are saying is that this person is guilty of farmers having to revert to if the doing something— escalating price of fuel is not addressed." Mr SPEAKER: Order! No, I am not. The farmers are getting stuck into the Federal Dr WATSON: I have asked for a simple Government. All we hear from National and explanation. Liberal Party members opposite is arguments in favour of the oil companies. Farmers merely Mr SPEAKER: Order! I have ruled that it have to refer back to the words of the Deputy is sub judice. Prime Minister and National Party Leader, Mr BORBIDGE: I rise to a point of order. John Anderson, this year when he told them— The Premier himself claimed that the "We promised during the last election departure of the staff member had nothing to that our major transport fuel—diesel— do with the inquiry. The Premier said that would significantly reduce in price." himself. If you are ruling that this question is out of order, you are saying that the Premier What a fraud! What a hypocrite! did not tell the truth in respect of the departure Mr HOBBS: I rise to a point of order. of that staff member. Mr BEATTIE: With record diesel prices, it Mr SPEAKER: Order! I warn the Leader is about time the Federal Government listened of the Opposition under Standing Order 123A. to the farmers and stopped threatening them. Dr WATSON: Is it your ruling that that Mr HOBBS: If the Premier was fair question is out of order? dinkum, the 8c would go to the off-farm use, Mr SPEAKER: Order! It is. It is sub judice. but it does not do that. Dr WATSON: I give notice of dissent from Mr SPEAKER: Order! There is no point of your ruling. order. Mr BEATTIE: Let me draw the Fuel Prices honourable member's attention to Larry Acton. He wants a freeze while the honourable Mrs ATTWOOD: I direct a question to the member is standing by the oil companies. Why Premier. I refer to the continuing high petrol does he not go to Saudi Arabia; that is where prices as a result of the impact of the Federal all his mates are. Government's goods and services tax— Opposition members interjected. Electoral Fraud Mr BEATTIE: I rise to a point of order. The rabble opposite are so loud that I cannot Dr WATSON: My question is directed to hear the question. the Premier. I refer to the Premier's former ministerial staffer, Ms Linda Fraser, whose Mr Cooper interjected. services he terminated a few weeks ago when Mr SPEAKER: Order! The member for she suddenly became a political liability. I ask: Crows Nest! can the Premier confirm that she was the voter Mr Borbidge interjected. who registered at 42 Willard Street in February 1996, and the voter who changed her address Mr SPEAKER: Order! I have already to 12 Wellington Street in November 1996, warned the Leader of the Opposition. I now and the voter who then changed her address call the member for Mount Ommaney. back to 42 Willard Street— Mr SPEAKER: Order! This is also sub Fuel Prices judice. Mrs ATTWOOD: In directing my question Dr WATSON: There is no reference to this to the Premier, I refer to the continuing high matter at the CJC inquiry. petrol prices as a result of the impact of the Mr SPEAKER: Order! Federal Government's goods and services tax and the fuel excise and I ask: does he support Dr WATSON: This matter was not even calls for the Federal Government to return the canvassed. windfall gain that it is reaping from motorists, Mr SPEAKER: Order! I just quoted from who are paying outrageous petrol prices? the terms of reference of the inquiry. I have Mr BEATTIE: I thank the honourable ruled the matter sub judice. I am going to member for the question. The answer is yes, I continue to— do—and I am working with Larry Acton from Dr WATSON: On what grounds? There is Agforce who is out there trying to get a decent nothing about this before the inquiry. What go for farmers. Let me say that we will stand 3 Oct 2000 Questions Without Notice 3273 by the farmers in their fight against the Federal "I wrote to all of the"— Government. We will stand by the farmers to Mr FELDMAN: I rise to a point of order. If make sure that they get a fair go. the Premier wants to refer to us, can he refer Let us look at what is going on with fuel. to us as the City Country Alliance? There is no reason why John Howard's GST Mr SPEAKER: There is no point of order. windfall should not be returned to motorists. Everyone except John Howard admits that Mr BEATTIE: If the City Country Alliance there is a windfall. Coalition MPs are saying as wants to be included in my general wave, I am much when they say the extra funds should be happy about that. I have got a bit of bad news spent on roads. What do they mean by "extra for all of them; and let me give the members funds"? They mean the GST windfall, of up the back a bit of advice: they got here only course, and every one of them over here with the benefit from One Nation; without them supports the GST, every single one of them. I they will not return here. have been saying for some weeks now that the Federal Government has been reaping a Premier's Staff tax windfall from the blow-out in petrol prices; it is getting extra GST revenue and it is keeping Mr SPRINGBORG: I refer the Premier to that revenue in its back pocket. That what it is his recent assertion to the media that the doing—stealing it from farmers. departure of a ministerial staffer from his office related to their involvement in matters seven or It is not coming to the States because the eight years ago. As this matter occurred only losses incurred by the States when their taxes three to four years ago, why did he again and financial assistance grants were abolished deliberately mislead the media? will far outweigh any revenue received from the GST for some years. The Federal Government Mr BEATTIE: I have not deliberately is funding the States for that gap and the misled anybody, but I do want to make a more GST it collects the less it has to pay to point. I have been deeply concerned by the the States. So we do not get the money. That Leader of the Liberal Party, the Leader of the is a direct saving to the Federal Budget which Opposition and the deputy leader's attempt to adds to the Federal Government's surplus smear innocent people. A news release was which is why the surplus the other day was put— almost $13 billion—it was $12.7 billion. The Opposition members interjected. equation is very simple. If the petrol being Mr BEATTIE: The Opposition asked a bought at the pump is 70c, as it used to be, question. I will give the answer. A news release the GST is 6.4c a litre; if the petrol is $1, then issued by the Leader of the Liberal Party, the GST is 9.1c per litre. That is a 2.5c per litre stated that my appointments secretary was the increase in taxation simply because the world person who had been asked to leave or had oil price is higher than it was a few months resigned. That is a deliberate smear on an ago. That represents about $500m in extra innocent person who is one of the most taxation flowing to the Federal coffers and important employees in my office. I say to the staying there—$500m being ripped out of the member for Burnett that the person pockets of ordinary Australians. If there is a concerned, my appointments secretary, used Federal surplus of almost $13 billion, why can to work for him. She now works for me. She it not be passed back to farmers? Why can we has worked for two Governments in New South not freeze the excise? Why do we have to Wales and for two Governments in this State have next February another tax on another and, as he knows, is not only efficient and tax? With the inflation factor being passed on competent but a better employee could not be in February and August, we are going to get found, yet the Leader of the Liberal Party went another tax and the farmers will be hit again. out and smeared her. She came to me to Let the record show that the National Party in seek advice to see whether she should sue here is supporting this tax. It is supporting the him. It is a private matter, but if I was her I GST. It is supporting the high petrol prices. would sue him and I would get a few That is what it is doing. If One Nation had any swimming pools out of him. brains it would go out and campaign against the National Party in the bush. Because that is Dr WATSON: I rise to a point of order. what it is doing; it is betraying farmers. It is The person I was speaking about and the going to happen again. person that the Premier responded to was exactly the same person. He cannot hide Mr FELDMAN: I rise to a point of order. behind some kind of mealy-mouthed words. Mr BEATTIE: What did Larry Acton say to He knows who it was. I know who it was. that? Larry Acton said on Monday— Mr SPEAKER: That is no point or order. 3274 Questions Without Notice 3 Oct 2000

Mr BEATTIE: The Leader of the Liberal Mr REEVES: Yes. Party got it wrong. He put it in his news Mr SPEAKER: The House will come to release. He got it wrong. He designated her order. position and, according to the law of defamation, that is enough. He can be sued Mr REEVES: Unlike the Opposition, I care and, frankly, I think she should sue him. The about the fuel price spiral. I ask the Treasurer: Leader of the Liberal Party cannot go around what further measures can be taken to reduce making wild allegations and destroying the impact of the record fuel prices on people's reputations in a reckless disregard for Queensland families and businesses? people's welfare. This is a decent person who Mr HAMILL: The member for Mansfield is is entitled to be treated with some courtesy. quite correct when he identifies fuel prices as Here is a woman who worked for both sides of being an issue of great concern in the politics, including the Opposition's community. It is certainly an issue in Mansfield, Government. I think the actions of the Leader I am sure. It is certainly an issue in Ipswich, of the Liberal Party are simply unacceptable. even if it is not an issue for the Opposition in They are not becoming of a leader, but it is this place. typical of the sort of mud that he throws. I can But let the Opposition just reflect on this recall that he came into this House and threw for a moment— allegations about D'Arcy's superannuation and the appointment of Gibbs. Does he remember Mr Springborg: What about a royal that? And what happened after a detailed CJC commission? consideration? What was found? There was Mr HAMILL: In fact, as we speak, Agforce no case to answer. Both the Leader of the and other rural groups are converging on Liberal Party and the Leader of the Opposition Canberra complaining about fuel prices, yet are in the gutter. the coalition here in this State, in this Mr Borbidge interjected. Parliament, seems to think that there is no issue. It is a joke! Mr BEATTIE: Yes, both got in the gutter and threw every bit of mud. Every time these The Queensland Government has acted things are examined is any skerrick of very decisively in respect of fuel and this week evidence found? No! That is because what we I will be introducing into the Parliament have over there is what we always have: the legislation which ends the rorts that have been muck masters who throw mud and destroy costing Queensland taxpayers dearly with innocent people's reputations without any respect to fuel. It will also deliver directly to regard for decent people. Queensland consumers the full 8.354c per litre subsidy. It will deliver directly to Queensland Let me tell the House this: this consumers a full 8.354c per litre subsidy. The Government is going to get on with the job. only subsidy that Governments make available We will not be sidetracked by these people to consumers in Australia for fuel is a subsidy opposite who are not worthy or fit to govern that comes from the Queensland Government. and who are in the gutter on every occasion. The difference is: you whinge, we work. You While the Queensland Government whinge, we work. We will continue to pursue continues to act in the interests of the this because the difference is: you whinge, we community, what is the Federal coalition work. doing? Absolutely nothing at all! In fact, it is interesting that we reflect upon the words of Mr SPEAKER: Order! The House will the Prime Minister. When it comes to this issue come to order. of spiralling fuel prices, the almost $13 billion surplus and using that record surplus to reduce Fuel Prices the cost of fuel in the country, what did the Prime Minister say? In an interview last Friday Mr REEVES: I refer the Treasurer to the on the ABC he said— fuel price spiral and I ask: what further measures— "I see no merit in running the surplus down for an excise reduction, no merit at Opposition members interjected. all." Mr REEVES: Are Opposition members I wonder if that view is shared by primary happy with the fuel price spiral? That is fair producers in Queensland. I tell members that it enough. is not. It is not a view that is shared either by Mr SPEAKER: Order! Would the member the ordinary consumers of fuel, who are paying for Mansfield like to commence his question anything up to $1 a litre or more for fuel. again so we can hear it? Mr Purcell: $1.04 in Barcaldine last week. 3 Oct 2000 Questions Without Notice 3275

Mr HAMILL: $1.04 in Barcaldine last ophthalmology services in north Queensland week. I bet the people who are paying that than have ever been provided, including what I price in Barcaldine do not agree with the Prime think is probably the most wonderful Minister that there is no merit in cutting the fuel achievement that the members opposite, who excise. In the interests of Queensland claim to represent the bush, should be businesses and Queensland families, I call cheering about. Who would have believed that upon the Federal Government to act people could now get cataract surgery in responsibly and put a stop to the fuel excise. Weipa Hospital or a laser ablation of their Mr HOBBS: I rise to a point of order. diabetic retinopathy at Pormpuraaw, Kowanyama or Lockhart River? How about Mr HAMILL: I hope that the member for that for an achievement? That is something Warrego would support us in that call to the that would have just been unheard of under Federal Government. the previous Government. However, that is Mr HOBBS: I rise to a point of order. I call happening, along with other record health on the Treasurer to give the 8c a litre back to services that are being delivered in remote the off-farm users. areas such as dialysis services that are Mr SPEAKER: That is not a point of order planned for the north. and I warn the member against taking frivolous I will take on board the comments made points of order. by the member for Gladstone. I will investigate it and I will get back to her as soon as I possibly can. Gladstone Hospital, Obstetric Services Mrs LIZ CUNNINGHAM: My question is to the Minister for Health. Gladstone's South-East Queensland Regional Forest obstetric/gynaecology specialist, Dr Adam Agreement Bush, has withdrawn his public obstetric Mrs NITA CUNNINGHAM: I refer the services in Gladstone, as Dr Bush provided Deputy Premier to reports that the Federal clear information in July and post Budget, Government has finally decided to play a role including an indication of the need for a in the State's historic regional forest second obstetrician and a business plan. I ask agreement, and I ask: can the Minister outline the Minister: why has Queensland Health how this development has come about? allowed this withdrawal of a public health Mr ELDER: I thank the member for the service because of a lack of decision making? question, because I can. I am glad to talk What is being done to reinstall public obstetric about the South-East Queensland Regional services at Gladstone Hospital? Forest Agreement. Everyone can remember Mrs EDMOND: I am not aware of the that it was the Beattie Government that put actual circumstances that the member this SEQRFA in place. It was an historic describes, but I can say that it has been agreement between all the players—industry, difficult attracting specialists to Gladstone the environmental movement, the community Hospital over the time that we have been in and the Government. There was only one fly in Government, although we have had enormous the ointment and that was the Federal Minister success in attracting specialists throughout the for Forestry, Wilson Tuckey, and the Federal State. Since 1995, specialist vacancies have Government. fallen from around 130 down to currently— Members should remember that Tuckey Mr Rowell: What about eye specialists? had said that he would play no role in this Mrs EDMOND:—about 30 across the process. Previously, the Federal Government's State, even though we have put in place statements were that they would not be about 42 new specialists since coming to prepared to play a role in relation to this Government. So the numbers are at a record particularly historic agreement that this low, but we still have difficulties attracting Government negotiated with all the players. So specialists in some areas. it seems incredibly fortuitous that Wilson Tuckey would make this decision, or are there Recently, I was delighted to find that we other reasons for the decision? In the absence have now appointed two orthopaedic surgeons of any discussion with the industry or with this in Rockhampton, which was another problem Government, Wilson Tuckey has come forward area. and said that he will provide $5m to support Mr Rowell: What about urologists? the native hardwood industry. Mrs EDMOND: Unfortunately, the That is half the figure Wilson Tuckey said member opposite who keeps bleating is not initially that the Federal Government would aware that we are now providing more provide. I regard that as an absolute insult to 3276 Questions Without Notice 3 Oct 2000 the industry. He came up with half the figure Mr BARTON: I must say that that is the that he said that he would provide the industry, advice that the individual gave to me on his if he was going to play a role at all, which he resignation. I think that we need to be very said he never would. Wilson Tuckey also said careful. I am not going to confirm who went or that he will advertise the announcement of this why other than a staff member of mine funding in the regional press in the near future. resigned from my staff and gave me the Why the change? Let me share advice that he was resigning from my staff to something with the House. Over the past pursue opportunities in the private sector. week, it just happens that there is a lot of media interest in the outcome of this Goodwill Games Government negotiating an RFA. I can tell the Ms NELSON-CARR: I refer the Premier to House now that we have unanimous support the huge success of the Olympic Games in from the industry. All the mills have signed the Sydney and the praise that the world's media 25-year wood supply agreements. All the has bestowed on Australia as a result. Bearing industry is now participating in the RFA. It just in mind that the eyes of the world will be on so happens that there is strong media interest Australia again next year when Queensland in this issue and right at this point in time Mr hosts the 2001 Goodwill Games, I ask the Tuckey happens to be travelling throughout Premier: can he tell the House what financial Australia with a current affairs program. So help the Federal Government is providing for members can understand his concern. He those games? could hardly be seen wandering through Queensland dealing with an issue in which Mr BEATTIE: I thank the honourable 100% of all of the industry sectors involved member for the question. As all members of have signed up and then not have an this House would know, the Queensland announcement from the Federal Government. Government is making a significant The announcement of $5m in funding just contribution to the Goodwill Games. In fact, places Wilson Tuckey right in the spotlight. He there will be 1,300 champion athletes from has political consideration but no consideration around the world—the best—including, as I for the industry. mentioned, Michael Johnson, who will be visiting Queensland today, and I will be with We have signed up all the industry him at the Milton State School. sectors and we have moved on. However, I can tell members that at the Community The TV pictures from the Goodwill Games Cabinet one issue was raised with me by will be beamed to something like 450 million timber workers and other people in the timber households. It will be the biggest sporting industry. Do members know what it was? It event in the world in 2001. Sydney had the was the cost of fuel on their industry. Those biggest sporting event in 2000. Brisbane will people are quite happy with this Government, have the biggest sporting event in the world in but they have concerns about the impact that 2001. The Federal Government has failed to the cost of fuel has on them carting logs and provide any financial help for the Goodwill running their businesses. At the time, I said Games. There is some in-kind support through that that was an issue for Mr Borbidge and Dr Customs and so on, but there is no financial Watson. support. Mr Rowell interjected. Mr SPEAKER: Order! The member for Mr A. Musgrove Hinchinbrook will cease interjecting. Mr HORAN: I refer the Minister for Police Mr BEATTIE: I say to the super- and Corrective Services to the growing list of sportsman of Australia, the Prime Minister: Government advisers who have resigned in how about giving the Goodwill Games a fair recent weeks. I ask the Minister: can he contribution? He has talked about money. This confirm that one of these staffers was a Mr is the biggest sporting event in the world next Ashley Musgrove of his ministerial office and year. I hope he reconsiders the Federal the brother of his Labor colleague in his Government's decision not to financially adjoining electorate of Springwood, Mr Grant support the Goodwill Games. I hope that the Musgrove? Can the Minister advise the House National and Liberal Parties in this House why Mr Musgrove left his office? would support this Government in trying to get Mr BARTON: A member of my staff did some money out of the Commonwealth to resign last week. That member of my staff ensure that Queensland and Brisbane have indicated to me that he wished to pursue the opportunity to be exposed to the world and opportunities in the private sector. to reap the benefits for tourism and jobs that Opposition members interjected. go with all of that. 3 Oct 2000 Questions Without Notice 3277

I endorse Kim Beazley's calls for a Mr Hamill: They take them for granted. continuation of Federal Government funding Mr BEATTIE: They take them for granted. for sport. Federal funding of these events is Every one of them hates farmers. crucial to our athletes' success, which is an inspiration and platform for youngsters starting Mr Rowell interjected. their careers. I acknowledge the large number Mr SPEAKER: Order! I have just warned of Queenslanders who did incredibly well at the the member for Hinchinbrook under Standing Olympic Games—not only the ones who won Order 123A. gold, silver and bronze medals but all of those Mr Hobbs interjected. who competed and did this State and nation proud. Mr SPEAKER: I now warn the member for The success of events such as the Warrego under Standing Order 123A. Olympics and the Goodwill Games always have a massive spin-off for tourism. Event Mr B. Lisle tourism is something that we have been aggressive about and supported, which is why Mr BEANLAND: I refer the Deputy we secured the Goodwill Games. Tourism Premier and Minister for State Development to means jobs. Some 130,000 Queenslanders Saturday's Courier-Mail, which reported that a are employed in tourism jobs. That is why it is member of his office was one of a growing list so important for this State. of Government advisers who have resigned or taken leave without pay in recent weeks, and I This Government has a proud record of ask: can he confirm that the staffer in question positive achievement. It is a can-do is Mr Bevan Lisle, and can he advise the Government that can deliver. We will continue House why Mr Lisle had to leave? to do that. When the election eventually comes some months down the road, there will Mr ELDER: I can confirm that Bevan Lisle be a stark contrast between the Opposition has taken leave without pay, and that is for and the Government. The contrast will be this: personal reasons. we work; they whinge. We will continue to do that. Dairy Industry Opposition members: You cheat! Mr MULHERIN: I refer the Treasurer to Mr BEATTIE: Here they go. They are at it the difficulties being faced by the dairy industry again. They cannot even support the farmers. as a result of deregulation, and I ask: what Mr Rowell interjected. further assistance has the Queensland Mr SPEAKER: I warn the member for Government provided to the State's dairy Hinchinbrook for the final time. producers at this time? Mr BEATTIE: The Leader of the Liberal Mr HAMILL: I thank the honourable Party defames people at every opportunity. He member for the question, because again on a gets it wrong in his news releases. matter concerning the welfare of primary industries we see that it is this Government Mr Rowell interjected. which is delivering for the rural sector in this Mr SPEAKER: I warn the member for State while the Opposition simply derides Hinchinbrook under Standing Order 123A. initiatives that are meant to provide assistance Mr BEATTIE: He defames people. The to those in that sector who are in need. I am member for Hinchinbrook says that fuel prices sure that the dairy industry will note the are a red herring. He should tell the farmers derision that is coming from Opposition that. What about all of those farmers out there benches in the context of this very important who are suffering? He does not care about issue. farmers at all. On 13 September I announced that we Mr ROWELL: I rise to a point of order. I would be providing ex gratia relief for dairy want to know what the Premier is doing for farmers who would be availing themselves of farmers experiencing drought at present. They the package which had been put together with are destitute. The Premier can raise a lot of the Commonwealth to facilitate restructuring of red herrings, but he cannot deal with the major the dairy industry across Australia. Honourable problems in this State. members may be interested to know that the package which the Commonwealth has made Mr SPEAKER: That is not a point of available to the dairy industry has provision for order. The member will resume his seat. quarterly payments to producers. Obviously, Mr BEATTIE: Mr Speaker, they hate that does not assist producers to restructure in farmers—every one of them. the manner in which many producers would 3278 Questions Without Notice 3 Oct 2000 wish to. It certainly does not facilitate the Mr ELDER: I congratulate the Olympics restructuring of a lot of the debt which a Minister, Michael Knight, SOCOG and the number of those producers have to face. AOC on a very successful Games. Our Consequently, the industry approached athletes and volunteers all performed financial institutions in order to establish a loan admirably—right down to Roy, HG and Fatso. facility to enable them to achieve an up-front They all contributed in a very positive way to payment—something which the the success of the Games. I say to Michael, Commonwealth had denied them. It came to who is a friend—and he has been up here a our attention that the loans that had been few times—that after all the criticism he negotiated would attract stamp duty. Did we copped it must feel good to be able to rub pocket or seek to pocket a windfall which their faces in it. It was a very successful would have arisen out of the distressing Games. circumstances that faced a lot of dairy I would like to comment on the success of producers in Queensland? Unlike the Federal the Olympics for Queensland business. Our Government, which has been pocketing a Olympic 2000 Business Opportunities Project windfall from the excise in fuel being paid by set out to attract $50m worth of business. primary producers and others across the When the Olympic flame went out on Sunday, community, we did not seek to profit at the we had won 220 contracts. On the latest expense of the industry. That is why I figure, which builds on the figure the Premier announced ex gratia relief for those primary gave this morning, we had won almost $120m producers. I am pleased to say that the lead worth of work from the Olympics. That $120m being shown by Queensland in this matter has worth of business was for small and medium now been followed in Western Australia, sized businesses. That does not include Tasmania and Victoria. Once again, we have contracts won by multinational companies or the Beattie Government showing the lead for their branches based in Queensland and it the rest of Australia when it comes to the does not include business that was generated sensitive handling of difficult industry by the pre-Games training held in Brisbane, on restructuring situations. I am sure the 1,500 the Gold Coast and throughout Queensland. dairy farmers in Queensland who might avail When Queenslanders watched what was themselves of the $220m package are probably the largest peacetime event in the certainly satisfied with the Government's world what they did not realise was this: the approach. Maleny farmers certainly expressed software system used to manage the Olympics their appreciation to the Government at the was developed by a Queensland company; Community Cabinet on the weekend. that the lane ropes in the swimming pool, which were designed to reduce backwash and which helped to set up those world records, Mrs J. Budd were designed and installed by a Queensland Mrs SHELDON: I refer the Deputy company; that the rail turnouts on the new Premier and Minister for State Development to Olympic rail line that took hundreds of the growing number of Government advisers thousands of visitors to and from the Games who have resigned or taken leave without pay were designed by a Mackay company; that the in recent weeks, and I ask: does that list seating around the Homebush grounds and include his senior staffer, Joan Budd, and, if the stalls at the Olympic equestrian centre not, why not? were built using recycled timber from a regional Queensland supplier—a great effort; that the Mr ELDER: No, it does not. groundbreaking 100% environmental refrigerators being used at the Sydney Superdome were designed and manufactured Olympic 2000 Business Opportunities on the Sunshine Coast—and they, too, were Project designed from recycled material; that the Mr PITT: I refer the Deputy Premier and mosquito control services throughout the Minister for State Development to recent Olympic village were provided by one of media reports about Queensland's success in Queensland's local government authorities— attracting business associated with the Mr McGrady: And the silver for the Olympic Games, and I ask: what assistance medals came from Mount Isa. has the State Government given to Queensland firms to help win this business Mr ELDER: And it did, too. and can he advise the House of the impact But it does not end there. At least two this has had and will have on the State's companies which have secured work through economy? our DSD Olympic project have been invited to 3 Oct 2000 Questions Without Notice 3279 tender for the Games in Athens in 2004. I available to provide incentives for Queensland congratulate all those Queensland businesses, companies to develop sustainable energy all those Queensland companies, for securing projects? By this I am referring to the the work. We will work with Queensland Government's Sustainable Energy Innovation companies to secure work in Athens because Fund. there are opportunities there. I will make sure Mr McGRADY: I thank the member for that our Trade Division identifies them, targets the question. I would like to point out that very them and does what it can to get those recently we announced funding for round 2 of businesses into the Games in Athens as this fund. I am also pleased to say today that successfully as it did here in Australia. I say to this Government is certainly on the ball, all of those businesses: well done. because already we have called for applications for the third funding round, again Ms K. Ehrmann of the same fund. The fund, which is one component of the Government's Cleaner Mr FELDMAN: I refer the Minister for Energy Strategy, is seeking projects which will Police and Corrective Services to his answer to bring innovative, sustainable energy a question from the member for Burdekin on 7 technologies onto the market. September in which the Minister outlined the million-to-one chance meeting between Karen The main focus of this round is supporting Ehrmann and the acting general manager of projects that will lead directly to Stuart prison. The Minister did not give any commercialising a new sustainable energy answer as to why Ms Ehrmann did not go product or, indeed, new technology. Projects through the standard admission procedures will be required to have private enterprise but was instead placed immediately in the participation and we expect applicants to be prison farm. I ask: as this is obviously well able and willing to contribute a substantial outside the standard procedures adopted, was proportion of the funds to the projects. These this preferential treatment requested by the proposals will be assessed by a specialist Labor Party, or can the Minister give a credible technical review committee. Funding account of this extraordinary step outside recommendations will be overseen by a board standard procedures rather than the Gold and they will recommend to me what amounts Lotto response that he made on 7 of money should be provided. September? Almost $1m was awarded in funding to Mr BARTON: I think that the member round 1 applicants and in late August we should listen to the answers to the questions awarded further funding in the second round. more keenly in future. What I said very clearly Those second round projects deal with solar on the last occasion—and I will repeat it for his power generation, production of energy from benefit this morning—was that Karen Ehrmann municipal waste, a solar powered reservoir went through the standard procedures that mixer and an energy efficient living module for any inmate going to a correctional centre for remote areas. The deadline for receipt of full offences of that nature would go through. That applications in the third round will be some is certainly the advice that I have been time in December, which is not too far away. provided with by my department. She went This fund aims to establish Queensland through the standard procedures that apply to as a leader in specific areas of energy someone who is deemed to have committed efficiency, renewable energy and an offence of that low level, even though it is a cogeneration; and to create employment, very serious offence. She is certainly not a exports and value adding opportunities for murderer or a rapist or someone of that Queensland's sustainable energy industries. nature. She is somebody who was jailed for an offence at that level. She went through the Mr SPEAKER: Before calling the member standard procedures that apply. I can certainly for Callide, I would like to welcome in the public advise this Parliament and the member once gallery parents, teachers and students of the again that there was no request from the pride of the peninsula, the Scarborough State Labor Party or anybody else to get her special School, in the electorate of Redcliffe, of treatment and special treatment she did not course. Welcome. get. Resignation of Government Advisers Sustainable Energy Innovation Fund Mr SEENEY: I ask the Premier: following Mrs LAVARCH: I ask the Minister for the resignation of a member of his own office Mines and Energy: can he advise the House if and of staff in the offices of two of his the Government has any further funding Ministers, can he indicate whether he expects 3280 Questions Without Notice 3 Oct 2000 further resignations from ministerial offices in Mrs Sheldon interjected. line with speculation that the number of such Mr SPEAKER: Order! The member for resignations could ultimately be eight or nine? Caloundra will cease interjecting. Mr BEATTIE: I thank the honourable Mr BEATTIE: Does the member opposite member for the question. Let me give him a do anything other than whinge? They either very serious answer. What we have here from want an answer or they want to whinge. If they the Opposition questioner is an attempt to try want to whinge, I am happy to sit down. If they to smear a lot of people. I have already want an answer, I will give it to them. indicated today that we have seen smear. We saw it from the Leader of the Liberal Party, Opposition members interjected. who talked in his news release about my personal appointments secretary; it was not Prepurchase Building Inspections her. We have had smears in the past in relation to the Gibbs issue and the Mr FENLON: I ask the Minister for Fair superannuation issue. By the way, I table a Trading: can she inform the House of the copy of that CJC letter for the information of steps that have been taken to improve the House so that everybody can see that consumer protection in the area of these smears that Opposition members get prepurchase building inspections of residential involved in go nowhere, that they are properties? dishonest and untrue. So are there going to Ms SPENCE: I thank the honourable be that many people? The answer is: no. member for the question on an issue that I Let us talk about standards. I expect the think would be of importance to all highest possible standards of people in my Queenslanders. Most members would agree party. I will not accept under any that the purchase of a home is probably the circumstances anyone who breaks the law. I most important purchase Queenslanders are made it clear that anyone who breaks the law likely to make in their lifetimes. We know that should feel the force of the law. I will have no banks undertake separate valuations of parasites in my party. I make that clear. properties, but most consumers now see fit to Mr Horan: Why didn't you do it two years get their own independent building inspection ago? of a property. Mr Johnson interjected. In fact, consumers have shown that they are prepared to pay between $250 and $350 Mr SPEAKER: Order! The member for for an independent building inspection report. Gregory! About 50,000 of these reports are being done Mr BEATTIE: If the member wants an each year, which is double the number done answer about these issues, I will give him one. 10 years ago. Unfortunately, horror stories In relation to certain matters, I sought clear abound in relation to these building inspection assurances from all of my staff, as you would reports. For example, in November last year a expect, because I expect the highest possible Mount Gravatt East purchaser faced costs of standards. On my behalf my chief of staff $54,000 to rectify cracked brickwork and sought clear assurances. damaged footings. Serious subsidence meant Opposition members interjected. that underpinning was needed, yet the Mr BEATTIE: Do the members opposite consumer had received a building inspector's just want to whinge or do they want an all clear. In June last year, a report for answer? Hamilton consumers did not reveal major water leaks required reroofing costing $20,000. Mr SPEAKER: Order! The House will Earlier this year a Brisbane inspector claimed come to order. to be competent for termite inspections but Mr Johnson: There are a few red faces failed to find a large and active termite nest in over there. a downstairs bathroom. That inspection came Mr SPEAKER: Order! The member for before the house had been purchased. Gregory will cease interjecting. That is my final Clearly, consumers need to know that warning. inspectors are qualified and can give them Mr BEATTIE: As I made clear, mine is an accurate reports. I am pleased to inform the honest Government and a decent House that, for the first time, from 1 July this Government, and I sought clear assurances— year building inspectors in this State have and I will talk openly; I have nothing to hide been licensed and regulated. This is important about these matters—in relation to certain for consumers. Building inspectors have to matters from all of my staff through my chief of have a building licence. They have to have two staff. years' experience in the industry. More 3 Oct 2000 Questions Without Notice 3281 importantly, they have to carry professional Townsville? Yes, I am. I take him for what he indemnity insurance of $1m over three years. is: a man of his word. There are certain If they are licensed to inspect for termite matters that are to be determined by an damage, they have to have additional independent inquiry, and that is what an qualifications and carry professional indemnity independent inquiry is established to do. insurance of $1.5m over three years. This is However, let me make a number of things very unprecedented consumer protection in this clear. This inquiry was established as a result State. It means that, in future, consumers can of a letter from the Attorney-General after be sure that the building inspector they use is consultation with me. It went to the Electoral properly licensed and qualified. Commissioner and then to the CJC. We However, it is up to consumers to check established this inquiry. the licence of the building inspector they Let me talk in broad terms. I will not truck engage and not to sign any clauses in a anyone in the Labor Party who breaks the law. contract which might mean that they waive the I do not care who they are. I do not care professional indemnity that the building whether they are in the Labor Party, the inspector is obliged to offer them. I am proud National Party or the Liberal Party. Anybody that the BSA and the board have introduced who breaks the law and is found guilty by a this policy which I believe— court of law should go to jail. I have made that Time expired. absolutely clear. Yes, I have expected the highest possible standards from people who work for me. I expect the highest possible Electoral Fraud; Ms K. Ehrmann standards from anyone who works for the Mr JOHNSON: My question is addressed Government. Everyone has to pass very high to the Premier. standards. Yes, I make no apology for expecting the highest possible standards from Mr Elder: You're a bit red in the face. everyone who works for this Government. I Mr JOHNSON: I am not red in the face. make no apology for that at all. Let me make Our mate down there is red, though. My this point again: there will be no circumstances question is to the Premier. I ask: does the where I will tolerate any parasites in my party Premier retain faith in undertakings given to or in my Government. him by the member for Townsville that he played no role in electoral rorting in Townsville? Can the Premier assure the House that— Seniors Week Mr SPEAKER: Order! No, member for Mr WILSON: I ask the Minister for Gregory! Families, Youth and Community Care and Minister for Disability Services: can she inform Mr JOHNSON: I have not finished reading the House about Seniors Week and the the question, Mr Speaker. Can the Premier Government's support for older assure the House that Terry Gillman and Jim Queenslanders? Bunnell were wrong and that Karen Ehrmann was lying in terms of their confidence that Ms BLIGH: I thank the honourable falsely enrolled voters were used by the Labor member for the question. This week is Seniors Party to at least try to rig general election Week across Queensland. This year the results? theme of Seniors Week is that "you can rage Mr SPEAKER: I will give the Premier the at any age". That is just what the member for opportunity to answer if he wishes. Ferny Grove was doing on Saturday when he represented the Queensland Government at Mr BEATTIE: There are a number of the opening of the Grey Mardi Gras to begin issues which undoubtedly— the celebrations of Seniors Week. I Mr Stephan interjected. understand that he represented the Mr BEATTIE: I am quite happy to answer Government very well. I thank him for his any of these questions. I have no difficulty with assistance. any of them. However, there are certain Seniors Week provides lots of protocols that exist. Luckily, I have with me a opportunities for older Queenslanders to have quote that appeared in the Hansard of the fun wherever they live, to live it up and to enjoy time from the then Premier. He said that these some of the best years of their lives. As the matters should be determined by the inquiry. Australian Pensioners and Superannuants That was the view he took then. Of course, he League, which organised Seniors Week, says, has a different view now. Let me make it clear. "It is a time to live it up and have a grey old Am I happy with the assurances that have time." I see a fair smattering of grey as I look been given to me by the member for around the Chamber this morning. I say that 3282 Questions Without Notice 3 Oct 2000 more than one of us could do with livening up. contain the damage. I ask the Premier: is I invite all members of the House to join in with Dr Reynolds right? Seniors Week in their local areas and to Mr BEATTIE: Oh, yeah. Great line! These celebrate with older members of their matters are ancient history. They refer to communities. It is time to get up and rage, to matters relating to two council elections in do something and to get involved. 1993. I was not the party secretary then and Today marks the 10th birthday had not been since 1988. They refer to issues celebrations of the Queensland Seniors Card. in a by-election in 1995, which was before my The Queensland Seniors Card was a simple time. This Government came to office in June idea born 10 years ago that has grown into an 1998. These matters have nothing to do with enormously successful scheme. Because this Government or its integrity. honourable members distribute the application Let us talk about integrity. When the forms through their offices, most members Leader of the Opposition was Premier and the would be very aware of how valued this card MOU went before the inquiry, who paid the has become by older Queenslanders, and I bill? The taxpayers paid the bill. The bill of the understand that some are eligible for it! There Leader of the Opposition was about $550,000, are now more than 400,000 card holders if I recall correctly. The former Police Minister's across Queensland. It is a scheme that this bill was about $500,000, if my memory serves Government is very proud of, and rightly so, my correctly. So $1m— because it was a Labor initiative begun 10 years ago as an election commitment of the Mr JOHNSON: Mr Speaker, I rise to a then Goss Labor team in 1989. I am pleased point of order. I find that offensive to our to see that it was implemented and that, 10 Government. years on, it has been such a success. Mr SPEAKER: Order! You cannot do that. Resume your seat. This Government provides concessions such as electricity, car and boat registration, Mr JOHNSON: This is no joke. The local and long distance public transport and, Leader of the Opposition, who was then the introduced as part of our election Premier, and Russell Cooper— commitments, free ambulance services for Mr SPEAKER: Order! Resume your seat. Seniors Card holders at a cost of Mr BEATTIE: You bet it was not a joke. It approximately $15m a year. It is a chance for was $1m of taxpayers' money, and that is not us to give something back to older a joke. They put their hands into the pockets Queenslanders. As part of this year's Seniors of the taxpayer. They were not the Premier Week, I table for the information of honourable and the Police Minister at the time; they were members a copy of Queensland's International the Leader of the Opposition and the Year of Older Persons report. It is a public Opposition spokesman. But they got into record of the achievements of Queensland's Government and they got into the pockets of contribution to the International Year of Older the taxpayer. That is what they did. They got People. Families, Youth and Community Care into the taxpayers—every one of them. Who is through the Office of Ageing coordinated paying the Labor Party costs in relation to this Queensland's response. It has been widely inquiry? The Labor Party is paying them—not acknowledged as the most successful in the taxpayer. How can the member for Australia, which is hardly surprising. The year Gregory, who claims to be an honest man, sit boosted community awareness of the issues with these crooks? of ageing through widespread positive media coverage and extremely high levels of Mr JOHNSON: Mr Speaker, I rise to a community participation in thousands of point of order. The Premier is casting events. aspersions on the Opposition. I ask him to withdraw. I find it offensive. Mr SPEAKER: Order! That is Electoral Fraud unparliamentary, Premier. Mr HEALY: I refer the Premier to Mr BEATTIE: Mr Speaker, I am happy to yesterday's ABC Radio interview with noted withdraw the comment if the member finds it Labor Party commentator Paul Reynolds in offensive. That does not overcome the use of which he stated that, as a former Secretary of $1m of taxpayers' money. The member for the Queensland ALP, the Premier would have Gregory sat in Cabinet and allowed it to had a fair idea of what rorting was going on happen. He sat there and voted for this. He and a fair idea of who was doing it and that voted for $1m of taxpayers' money to be used. this would form the basis of his effort to How could he do that? 3 Oct 2000 Matters of Public Interest 3283

Mr SPEAKER: Order! The time for What we have is a situation consistent questions has expired. with the Beattie doctrine of blaming someone else and of seeing no evil, speaking no evil, hearing no evil—the three monkeys rolled into MATTERS OF PUBLIC INTEREST one. It is always someone else's fault. He did Electoral Fraud not see it. He did not hear it. He did not speak Hon. R. E. BORBIDGE (Surfers about it. He just happened to be leader. What Paradise—NPA) (Leader of the Opposition) we have is a situation in which this Premier is (11.31 a.m.): I will correct the record. My desperately trying to distance himself. Government also paid the legal expenses of I am very concerned at what happened in the Labor Party in regard to the Carruthers this Parliament today because the Premier, to inquiry when the Labor Party sent us the bill receive his commission, gave certain and put in a claim, in line with established legal assurances to the honourable member for precedent. But there was one difference, and Nicklin and those assurances are looking that is in regard to the inquiry into the deal with particularly shaky. I remind honourable the Shooters Association. There was no secret members of the recommendations of the legal advice hidden in the safe that the CJC Fitzgerald inquiry. I remind Labor of those ignored. So the Premier should not come in recommendations. I believe that these words here and say these things when his party was are very relevant today. The report states— the beneficiary of the same legal precedent. His party said that it would not seek to claim— "Any Government may use its dominance in the Parliament and its Mr BEATTIE: Mr Deputy Speaker, I rise to control of public resources to stifle and a point of order. Their legal advice would have neuter effective criticism by the been along these lines: they could not steal Opposition. This can be prevented by $1m of taxpayers' money unless they offered mechanisms such as an impartial an opportunity for other parties to have their Speaker. Because of its necessary fees paid. That is the only reason they did it. numerical strength, the Government in a They stole $1m of taxpayers' money. parliamentary democracy is obviously able Mr BORBIDGE: I think today the people to change or ignore the rules. In these of Queensland are seeing the real Peter circumstances the authority and neutrality Beattie—the substance and the reality—as he of the 'referee' is of critical importance." slinks out of the Chamber and into the comfort Tony Fitzgerald goes on to say— and security of his staff waiting for him in his office after making allegations that he knew "The Speaker cannot afford to adopt were wrong. The Labor Party followed the a partisan role either voluntarily or in order precedent that was available to it and had its to retain the confidence and support of legal costs paid for by the Government of the the Government party. If the Speaker day as well, despite the fact that there was no enters the arena, there is a risk that secret legal advice hidden in the safe that the Parliament will not be able to make the Labor Party had no case to answer. Government accountable." What we have seen today is a Tony Fitzgerald goes on to say— continuation of the Beattie doctrine: it is always "One of the functions of any someone else's fault. It is Rob Borbidge's fault. opposition party in Parliament is to It is John Howard's fault. It is Joh Bjelke- expose errors and misconduct by public Petersen's fault. It is the fault of the Boer War! officials. Unless the Opposition can The office of Premier of this State comes with discover what has happened or is a very heavy responsibility. That heavy happening and give consideration to responsibility is that the buck stops at the top events with expert assistance, it cannot job. The Premier cannot come in here and expose and criticize activities and the say, "We weren't in Government at the time. I people involved. It is effectively prevented wasn't Premier." The fact is that he was from doing its job." Leader of the Labor Party from 1996 onwards. He was Leader of the Labor Party which He goes on to state— campaigned for and endorsed Karen "... the Opposition is dependent for Ehrmann, when he knew that the Australian information on the Government's own Federal Police were investigating her and accounting to Parliament. others in respect of possible corruption of the electoral process. ... 3284 Matters of Public Interest 3 Oct 2000

It is essential that the Government is not morning. I reiterate that there were a number able to claim that secrecy is necessary of questions— when the only thing at risk is the exposure Mr DEPUTY SPEAKER: Order! That is of a blunder or a crime." reflecting on the Chair. These are not my words; they are the words of Mr BORBIDGE: Are you saying that Tony Commissioner Fitzgerald—a person heralded Fitzgerald reflected on Speaker Hollis? and trumpeted by honourable members opposite. Today, with the utmost respect, I Mr DEPUTY SPEAKER: Order! Resume remind Mr Speaker and the Government party your seat. You just did exactly what I asked in this place of those very relevant words of you not to do. You just reflected on the Chair. Commissioner Fitzgerald in his report at the Mr BORBIDGE: Let us also look at the end of his inquiry. conduct of the Parliament despite the commitments that were given to the I was disappointed this morning when the honourable member for Nicklin. In the six and Speaker ruled out of order what we believed to a half years of the Goss Labor Government, be some very substantial questions. So I had the guillotine was applied 22 times. In the two my office check questions that were and a half years of the Borbidge Government asked—despite rulings by then Speaker the guillotine was applied twice. In the term of Fouras and despite rulings by then Speaker Premier Beattie—the man who promised a Turner—relating to the memorandum of new era in accountability in this understanding between the Police Union, the Parliament—he has applied the guillotine to 17 then Leader of the Opposition, the current Bills in two and a half years. This compares Leader of the Opposition and the honourable with the guillotine being applied to 22 Bills member for Crows Nest. At last count there during the six and a half year period of the were 23 questions asked. Goss Government and twice during my tenure At last count, the current Premier, the as Premier. then Leader of the Opposition, asked nine The Premier says that he believes in the questions. The Deputy Leader of the Parliament. He says that he believes in Opposition, the current Deputy Premier, asked accountability. What we are learning every day four. The current Police Minister asked four. of the week is that there is a vast difference The current Attorney-General asked four. The between what this Premier says and what this current Minister for Industrial Relations asked Premier does. It defies credibility that someone one. The Government Whip asked one. And who could be State secretary of a political we are still counting! Yet what we saw today party for half a dozen years and a leader of a was an effort, despite the recommendations of party for four or five years can claim like the Tony Fitzgerald, to prevent this Parliament three monkeys that he did not hear, see or operating in the manner that it has operated speak in regard to any of these matters. largely since the Fitzgerald inquiry. Time expired. Mr DEPUTY SPEAKER (Mr Fouras): Order! As Deputy Speaker here I have to uphold the rulings of the Speaker. I say to the Backpacker Hostel Standards Leader of the Opposition that he cannot use Ms BOYLE (Cairns—ALP) (11.43 a.m.): the words of other people to reflect on the The Childers Backpacker Hostel fire several Chair. You cannot say that somebody said, months ago was a chilling and sobering "The Chair is this." He has to own the words he experience for many of us in Queensland, not says. I warn him that I will not allow him to least for the people of Cairns. In times past, reflect on the decision of the Chair. There are many of us have ourselves been backpackers. a number of dissent motions on the same Many of us have had children who have issue to come before the House. That is the travelled the world as backpackers. A similar proper time to debate those matters. Under tragedy could have happened to any of us. those circumstances I ask the Leader of the I welcome the announcement by the Opposition to respect the position I am in and Minister for Emergency Services of the new not reflect on the decision taken by the safety standards which will be applied to Speaker today. hostels. Proper processes have been Mr BORBIDGE: Of course I respect that announced which will ensure that higher decision and your position. I was merely standards are attained by all types of hostels quoting the words of Tony Fitzgerald and I felt throughout Queensland. Hostels which were that those quotes were relevant to the not up to scratch have been faced with some Parliament in view of what happened this difficulties. 3 Oct 2000 Matters of Public Interest 3285

I am pleased to report to the House that During 1999, 10% of all international visitors to this has been a welcome period of re- Australia were classified as backpackers. That examination of the standards which are covered some 404,300 visitors to this country. offered to this very important group of visitors Their average stay in Australia was 66 days. to Cairns and the far north. I am also pleased We are told that 79% visited New South Wales to report that the industry in Cairns and the far where Sydney is the main arrival point. We are north has been more than cooperative with also told that 66% visited Queensland and this re-examination because they realise that 42% visited Victoria. The average amount the safety of their clients is paramount if the spent by each backpacker was $4,245. Their industry is to survive. average expenditure per night was $65. This Representatives of the fire services and money was spent on accommodation. The the Cairns City Council have been involved in growth in this industry in the years 1998 and this matter. Hostels which were already 1999 was 28% as compared with 7% for all operating in the far north and which had other tourism markets. Hosteliers in Cairns are attained the expected standards have been hoping that this aspect of the industry will now approved. I congratulate the operators of be better understood by those in tourism- those hostels. It is pleasing to find that the related industries across the State. The growth great majority of hostels in Cairns already in the backpacker market is exponential. complied with the required standards. It is expected that in the period from 1999 As a result of this re-examination, we to 2000 we will experience a 25% increase in have discovered that a lot of hostels that were backpacker numbers. During 1999, 265,700 operating were not properly licensed. These backpackers visited Queensland and stayed hostels were housed in backyards and in old over 7 million nights at an average of 27 days. homes and were not properly licensed and did This brings the total of backpacker spending in not provide the necessary standards of care Queensland for the year to $466m. It is of for these important tourists. It would appear interest to note that the main sectors of the that some of these hostels were deliberately backpacker market comprise people from the operating illegally and some were operating in United Kingdom at 25%, people from Europe ignorance of the Government's standards. I at 33% and people from North America at congratulate the fire officers and the Cairns 15%. These figures are surely relevant to City Council officers who have worked hard to future marketing and promotional activities of immediately resolve these problems. Queensland tourism operators. I am pleased to report that there has Of the destinations in Queensland visited been, in a way, a silver lining to this by backpackers, Cairns and the far north have tremendous tragedy. Whilst this silver lining truly earned the title of capital city. In fact, 73% has led to increased standards in backpacker of backpackers who came to Queensland hostels throughout Queensland, it has also led came to the far north. This compares with 54% to the recognition of the importance of who came to Brisbane, 45% to the backpacker tourism. I refer particularly to Whitsundays and 44% to Fraser island. Cairns and the far north. It is recognised that The main point that QBITIA would like to Cairns is the backpacker capital of make about the backpacker market is that it Queensland. visits more regions and spends more locally per head than any other tourism sector. One I am pleased to report to the House that of the reasons why this industry has not been Mr Stephen Welsh, a leader in the Cairns recognised as such an important market in the backpacker industry, has been appointed the past is that our international visitor numbers president of the Queensland Backpackers and are so often collated from figures related to Independent Travellers Industry Association— airport arrivals. Whilst many of our backpackers QBITIA. Mr Welsh's leadership within the arrive in Sydney by air, they do not necessary industry has surely earned him that position. It travel across Australia on international or is to the advantage of the industry in domestic airlines. Frequently we find that Queensland that Mr Welsh is taking such an backpackers travel by bus, car and rail. This active and cooperative role in ensuring that the has made the exercise of determining the new standards are met. number of backpackers in various areas very In past years we have had difficulty in much harder. Additionally, we rely on figures getting the message through to mainstream about tourist accommodation occupancy and tourism authorities that the backpacker yet these are figures that are averaged across industry is very important and is growing at a various kinds of tourism accommodation great rate. I have some figures that will opportunities and they do not reflect, illustrate that point for members of the House. therefore, an entirely accurate picture when in 3286 Matters of Public Interest 3 Oct 2000 fact our hostels in Cairns have had very high to the closure of the Boral timber mill in occupancy rates and their graph for Cooroy— accommodation occupancy would in fact "When the doors closed today on the increase much more steeply than the five star Nandroya Mill, it would mark the end of an accommodation occupancy figures over these era for the timber town." last several years. She could easily have added, "And it has All members of the House have an proven that the Premier of Queensland has opportunity and I certainly join QBITIA in misled timber workers in this State." On 16 calling on Tourism Tropical North Queensland September 1999, just over one year ago, in a and Queensland Tourism to encourage the press release about the South East Federal Government to follow through on the Queensland Regional Forest Agreement tremendous initiatives of the former Minister for Premier Beattie said— tourism, Michael Lee, in the previous Labor Government of the mid nineties. The then "Any timber worker who wants a job Federal Government had done some excellent in the timber industry will have a job in the work in producing wonderful guides such as timber industry. This is a triumph for my the Backpacker Accommodation in Australia— Government." A Ratings Guide and the Backpacker/Hostel That is what he crowed, and then he went on Classification Assessment. These important to thunder about 471 new jobs that his documents have not been followed through by Government would create with this the present Federal Government, which is momentous news by saying— indeed a pity because these guides, if "This total of 471 new jobs, offsets published nationally, would provide for potential job losses of about 80 in backpackers from whatever countries—and Noosa's immediate hinterland." even for our own backpackers—the best way to ensure that backpackers know that they are He stated this as a fact. On 21 September this staying at registered hostels that meet the year in an answer to a question on notice the safety standards that Australia requires. Premier again stated— I join with QBITIA in recognising too the "The Government has been at great tremendous future of the backpacker industry. pains to consult with people about the In Cairns we are particularly fortunate to have South East Queensland Regional Forestry the old Palace picture theatre almost Agreement which will deliver a range of completed in its latest form as a backpacker benefits including ... almost 500 new jobs hostel. I pay particular tribute to Ken Harris, the in regional centres." local developer, who has taken such trouble What a pity he did not consult with the only over the internal design as well as the external people suffering pain over this issue at the facade to keep the high profile of that moment—the Boral workers who are out of a important building on the Cairns streetscape. job and the people of Cooroy who are out of We have heard the news too that although the pocket courtesy of the Premier and his Deputy land on which Rusty's markets stand was sold Premier and Minister for State Development. several months ago, the markets will be retained and in their redevelopment not only When this Government announced on 16 will the markets survive but also there will be September last year that it and the an adjacent new backpacker hostel. conservationists had on that day signed an historic agreement to protect jobs and regional This is very good business for Cairns. It is communities, the Premier said— very good business for Queensland. It is exciting to host a market of young people, "This is a win-win for timber workers, generally, who come from destinations around the timber towns and the environment." the world, who stay a long time in Queensland, He claimed consultation and site visits all who do spend their money in Queensland and over the State to back up this comment, even who form friendships that hopefully will last a quoting Cooroy. Who, I ask, did this long time and lead to further visits. Government speak to at Cooroy? It certainly was not the workers. I know what the owners were told because I met with the mill Cooroy Timberworkers management the following day. They were told Mr DAVIDSON (Noosa—LP) (11.53 a.m.): categorically that supply had been curtailed In the Courier-Mail of Friday, 29 September and that they were to be bought out—no Maree Duffy, Sunshine Coast organiser for the alternatives, no other recommendations, no Australian Workers Union, said when referring more licences to harvest, just, "Here is a deal 3 Oct 2000 Matters of Public Interest 3287 to be bought out. Take it or leave it, but in any about the loss of jobs in Cooroy or its effect on event, just go." the economy? Here we have a Labor Government that, Mr ELDER: I rise to a point of order. Just for the sake of peace and votes from the so that the member does not mislead the conservationist lobby, has sacrificed the jobs of House, I state that, of the 31 workers, 19 have its fellow unionists in Cooroy with not so much been placed in a job, five of them have taken as a by-your-leave, and not even the courtesy a holiday and will come back to us and one of one word of warning of its intent to these has gone to Tasmania. members of the AWU—just a press release Mr DEPUTY SPEAKER (Mr Fouras): and the job's done. What a wonderful way to There is no point of order. treat people whose union dues help to subsidise the Labor Party's election Mr DAVIDSON: What a monumental campaigns. disgrace these Ministers are to the working people of Queensland. It is not as though they And if this was not insult enough to the have not had ample opportunity to meet with hardworking and loyal employees of Boral, the and discuss these matters with the barrage of false job promises that have timberworkers. I met with the Cooroy followed to this day surely must be. The timberworkers within 48 hours of the promise of 471 jobs has been the cruelest announcement and discussed their problems insult to the timberworkers and the people of about jobs and opportunities with them. I know Cooroy who have lived in hope that work would first-hand their anxiety about their futures. We be found for them. Last Friday, a very black discussed the possibilities available to them day on the Sunshine Coast with the closure of that were realistic, and these included the the mill, the timber workers and the people of possibility of redundancy packages such as Cooroy found out the full extent of this had been paid to the Fraser Island duplicity. timberworkers by the Goss Government. I ask the Premier and his deputy again, These recommendations have been forwarded as I have done continually since September to the Premier and, while some of them have 1999, "Where are these jobs? Show the been acted upon, I am still awaiting a workers of Cooroy the jobs. Table the exact response from the leader of this Government places where the jobs exist", and following the to the entire package as submitted. Premier's answer of 21 September 2000, I The Leader of the Opposition visited ask: where are the almost 500 new jobs in these disillusioned workers to learn first-hand regional centres that he claims to have created about their concerns. Why could not the in his written response in this House? Can he Premier and his deputy who put this farce tell the AWU rep on the Sunshine Coast where together show the same concern? But there these jobs are to be found, because obviously was never a word from the Premier or his she does not know where they are. deputy other than a press release claiming, "I I challenge the Premier and his deputy to do not know what was going on on the come up to Cooroy, a challenge previously Sunshine Coast." Never once was I able to tell offered but which they have yet to show the the employees of the mill that their courage to meet, and to tell the Boral workers Government was doing something about their and the people of Cooroy where all these positions other than the mantra of jobs in the newly created jobs exist. Tell the timber industry. timberworkers, and that includes not just those On 1 October 1999 I faxed to the Premier covered by the redundancy package, but an urgent message asking him to meet with those people he told on 16 September 1999 the mayor of Noosa, some Boral workers and that "any timberworker who wants a job in the myself to discuss these matters with these timber industry will have a job in the timber people on 5 October. To this very day there industry" just where the jobs are. has not been a response, not even an When Maree Duffy made her comment to acknowledgment that the correspondence has the Courier-Mail she also estimated that 25 been received. I seek leave to table this workers would move on to alternative training correspondence. or jobs. She estimated; she did not even Leave granted. know. Of course she did not, because the jobs Mr ELDER: I rise to a point of order. The have never existed. Is it any wonder that the member is misleading the House. I have met union rep can only estimate when her with the mayor of Noosa and with the Cooroy parliamentary representatives, especially the implementation task force on a number of member for Capalaba, do not want to know occasions. 3288 Matters of Public Interest 3 Oct 2000

Mr DAVIDSON: I understand that. The "He is bitter because we have done a frustration that they have endured in the 12 deal that protects jobs. I cannot months of meetings with the Minister and his understand why the Leader of the staff has been a disgrace. I know that the Opposition wants to be bitter about a Minister is totally embarrassed by the outcome success for Queensland. These people he has delivered here. Out of frustration the are not going to have a problem. They will mayor has since resigned from that working have a job. He should not be bitter about group because he could not advance the it. This is about Queensland. This is cause of the workers in Cooroy. I do not think bigger than politics. This is about that the Minister has ever met with the— Queensland jobs and Queensland's Mr ELDER: I rise to a point of order. I met forests." with the mayor as recently as the Maleny Let me inform the Premier of Queensland Community Cabinet. We have discussed the that the people of Cooroy are very bitter. They opportunities for Cooroy and the have a major problem. Despite the Premier's redevelopment of both sites. The member saying that there are no problems, they have a could hardly be more wrong. problem that is called no jobs—jobs that he Mr DAVIDSON: I understand that as well. promised them, 471 of them, on 17 But why would the Deputy Premier not go up September 1998 that have now miraculously there and meet with the workers of the mill? climbed to almost 500 as of 21 September Why has not he discussed these issues with 2000, if we are to believe this unbelievable the workers of the mill? Premier. Mr Elder: If he wants to ask me the The only thing that the people of Cooroy question, I will tell him. We resolved it through agree with the member for Brisbane Central on the union. There have been placements. The is that they should be above politics. It is fact of the matter is that out of the 31, we painfully obvious that they are not, and never have already placed almost three quarters in were. The only request of the townspeople, jobs. The others are waiting for placement. the Boral workers, the self-employed timber Mr DAVIDSON: Where are they? cutters, the transport drivers—those who are dependent on the timber industry—is that they Mr Elder: On the return from their holiday should have the chance to hear from the self- break. The member has done nothing. He has proclaimed media tart in person as to why they failed. have been sacrificed for the sake of a very few Mr DAVIDSON: Mr Deputy Speaker, the votes. If this is how the Premier of this once Deputy Premier is debating the issue. While great State feels about Queensland jobs, as the Deputy Premier is answering questions, I he has stated in this House, heaven help the ask: can he tell me where the 471 jobs are in workers of this State. If the Premier's the timber industry? performance in this very sorry saga of jobs for Mr Elder: If that is another question, I am votes is the best he can offer as a can-do glad to answer it. I will tell him now that there Premier, then the workers of Queensland will are 270 jobs in the softwood plant in Hyne's— learn the real meaning of "bitter" when this Premier promises them jobs, jobs, jobs. Mr DAVIDSON: Mr Deputy Speaker— Mr Elder: Mr Deputy Speaker, he does Mr ELDER: I rise to a point of order. tempt me to actually answer the questions. There are only two groups who play politics on this: the Federal Government and this Mr DAVIDSON: This inaction only Opposition, led by the member. reinforced the fact that this Premier does not have the courage to meet the Cooroy workers Mr DEPUTY SPEAKER: Order! There is and their families. He does not have the no point of order. courage to meet those other community Mr DAVIDSON: I rise to a point of order. I members whose livelihoods were placed in have met with those workers over a 12-month peril—timber cutters, timber jinker drivers and period. I know their frustrations and their others—without any recourse to redundancy concerns. They have not been addressed by packages for the sake of a few votes. the Deputy Premier or any of the staff of his The Premier is very brave in this House, department. The frustration is still there. The and that is exemplified no better than by his bitterness towards the Deputy Premier and his response in this House on 17 September 1998 Government is still there. I will phone today to in answer to a question asked by the Leader see whether any of those jobs that the Deputy of the Opposition, in which he stated Premier has talked about have been offered contemptuously— and have been put in place. 3 Oct 2000 Matters of Public Interest 3289

Mr ELDER: I rise to a point of order. They Caboolture will cost some $160m. Up to know where the Opposition is going. They 72,000 motor vehicles a day use that road. In promised a $3m package from Tuckey and previous speeches I have said that, basically, they cannot deliver it in writing. They want it in peak hour traffic the highway becomes from the Opposition. They cannot deliver it. gridlocked. It is a disgrace, yet we still see the Mr DAVIDSON: No. The Deputy Premier Federal Government refusing to fund the has to deliver the mill. If he delivers the mill, we major projects required on that road. will deliver the package. Even as late as this morning as I travelled on the Gateway Motorway on the north side of the river the roundabout to the airport was Olympic Games; Federal Road Funding gridlocked, as was the Kingsford Smith Drive Mr NUTTALL (Sandgate—ALP) turn-off and, of course, the point where cars (12.02 p.m.): This morning I want to refer to come off the Bruce Highway onto the Gateway the recent announcement by the Federal Motorway. Government of a $12 billion surplus. However, Mr Mickel: The Ipswich Motorway is very before I do that, I would like to take this dangerous. opportunity to pass on my congratulations to all of our Olympians who have just competed Mr NUTTALL: As the honourable member in the 27th Olympiad and also to all of those for Logan has said, the Ipswich Motorway is people involved in the organising of the extraordinarily dangerous. Again, that reflects Olympics. As a spectacle, I think that it was the fact that, despite the Federal outstanding. It certainly made me feel very Government's windfall in terms of revenue proud to be an Australian. We were a from fuel excise—for every litre of petrol that showcase to the world. Hopefully, Queensland Queenslanders buy, 47c goes to the Federal will benefit from the Olympics in terms of Government—we here in Queensland suffer tourism and other business opportunities and greatly because our highways are gridlocked. investments. Queenslanders should well remember that lack In recent days, the Federal Treasurer has of commitment by the Federal coalition announced a $12 billion Federal Government Government to fund major road projects in surplus and has indicated that he intends to Queensland when they vote at the next use that to retire Government debt. In relation Federal election and even at the next State to that my question is: where is the vision by election. the national Government in terms of major Mr Mickel: Tell us about the truckies and infrastructure in this nation? Obviously, I want diesel. to refer particularly to Queensland and what is Mr NUTTALL: The honourable member happening in relation to the National Highway. for Logan is right. Truckies and trucking In recent times, the State Transport Minister companies in Queensland are suffering and has issued a document in relation to major going to the wall because of the lack of road infrastructure on the National Highway commitment by the Federal coalition that requires funding and which has been Government. They stand up and announce a unable to be commenced because of the lack $12 billion—and most people are flat out of Federal Government funding. Those areas understanding the significance of $12 billion— include the three stages of the Ipswich Motorway and the Pacific Highway on the Gold Mr Mickel: Their margins have been cut Coast in terms of the construction of the but their costs have gone up. Tugun bypass to the west of the Coolangatta Mr NUTTALL: Their margins are cut but Airport. their costs are up, yet the Federal Government Mr Mickel: What about the Mount has a $12 billion surplus. We need major water Lindesay Highway? infrastructure in this State. We have had the driest year in over 50 years. I know that the Mr NUTTALL: The Mount Lindesay people of the Darling Downs have asked us to Highway, the Barkly Highway at Mount Isa and look at pumping treated water up through the the Bruce Highway from Brisbane to Gympie. Brisbane Valley and on to Toowoomba. For over a decade now we have been waiting However, we need a commitment by the for the Federal Government to fund an area of Federal Government in terms of funding for the Bruce Highway that badly needs six-laning. that sort of infrastructure. There was funding for that only from the Pine River to the Dohles Rocks Road area. In terms of our rail infrastructure, this However, funding is required for that all the Government has spent millions of dollars on way to Nambour and beyond. Just to construct rail projects such as the tilt train all the way to the six-laning from the Dohles Rocks Road to Cairns. But where is the Federal Government's 3290 Matters of Public Interest 3 Oct 2000 commitment in terms of the national rail commitment to Australians, and in particular project? Where is the money from the partial Queenslanders, in the transport, forestry, sale of Telstra? I defy members of this dairying and fishing industries. Parliament to give me three examples of Time expired. where money from the sale of Telstra has gone to major infrastructure projects in Mr DEPUTY SPEAKER (Mr Fouras): Queensland. Again, we see that triangle of Order! Before calling the member for Ipswich Canberra, Victoria and New South Wales West, I acknowledge the presence in the being considered at the expense of the rest of public gallery of parents, teachers and Australia. students from the Scarborough State School. We are the most decentralised State. Some 3.5 million people live in Queensland. Cr D. Palhke About 860,000 live in Brisbane, some 2.2 Mr PAFF (Ipswich West—CCAQ) million live in the south-east corner and 1.3 (12.12 p.m.): Over several months the Ipswich million live outside the south-east corner. We abattoirs at Churchill in my electorate have do not receive the Federal funding that we experienced difficulties that have been should receive. The forestry, dairying and exacerbated by a political opportunist, namely, fishing industries are all suffering greatly, yet Councillor David Palhke, the Liberal/National when we as a State Government approach the Party candidate and former SP bookmaker of national Government for assistance for those Rosewood, who operated out of a post industries we are met with a solid brick wall of office—a Commonwealth department—with resistance. On Sunday at the Community complete impunity. Councillor Palhke Cabinet at Maleny I was present with the jeopardised the jobs of the approximately 340 Premier and the Primary Industries Minister employees at the abattoirs. This ill-informed when a deputation of fishermen told of the candidate has asked publicly that these problems they were facing. But at the end of abattoirs be closed and that an inquiry be the day it comes back to a lack of support in initiated into the foul smell emanating from the these areas from the Federal Government. abattoirs. Councillor Palhke has been given a The Federal Government is abrogating its lot of advice and help in his obscene and responsibility by asking Queensland taxpayers disgraceful attack on people and their jobs by to pay the fuel subsidy of 47c for every litre of none other than the member for Keppel, Mr petrol and then asking them to pay out more Lester, and that has not been helped in any to subsidise programs that the national way by the biased political reporting of the Government should be subsidising. That Queensland Times. The Minister for Primary comes at the expense of education, health Industries, Mr Palaszczuk, and the Minister for and policing. Those areas will suffer while the Natural Resources, Mr Welford, are fully aware Federal Government continues to starve the of the current situation and were addressing State Government of funding. the problems associated with the abattoirs. I have always been a strong believer in Mr Mickel: What's going to happen with the private sector being involved with the those jobs? Government in the provision of infrastructure. I Mr PAFF: Mr Palhke was trying to do believe that privately funded infrastructure will away with them. have to be looked at seriously because of the Over several months the Environmental lack of support from the Federal Government Protection Agency had been negotiating to in relation to major projects in this State. Time address the EPA problems at the abattoirs. It and time again we have asked the Federal is little wonder that the people of Queensland Government to support Queensland in relation have no respect for members of Parliament to major infrastructure projects and time and when we have the likes of Mr Lester and time again we have met with refusals. The Councillor Palhke grandstanding on issues Federal Treasurer had the audacity to gloat they know nothing about. If this is the best that about the fact that there was a $12 billion the Nationals can do for their candidate in surplus, yet small and large businesses are Ipswich West, the people will see just how far suffering simply because of the lack of support the Nationals have tied themselves to the from the Federal Government. Liberal Party. What did they do when they The Federal Treasurer and his were in Government? Nothing! Government should not be gloating about I am happy to say that the Minister, Mr having a $12 billion surplus when our nation is Welford, and his department have made all suffering. The Treasurer and the Federal attempts to address the problems by the Government show a disgraceful lack of construction of ponds at the abattoirs. 3 Oct 2000 Matters of Public Interest 3291

However, an ill-informed, grandstanding from the local meat wrapper, not to mention Liberal/National candidate is messing with the the terrible drought conditions affecting the jobs and livelihoods of people he does not wider Moreton region. And there has been not seem to care anything about. A telephone call one word of concern about the farmers in this would have been all that was required to dispel region or about the excessive fuel cost to the grave fear being perpetrated by these farmers, which is a direct result of people and also being spread through National/Liberal Party policy. Members of the scaremongering reporting by the Queensland City Country Alliance will not let these people Times that people living in the vicinity of the down. abattoirs are dying from Q fever. The Churchill While the concerns of the people go abattoirs were built in 1954 and in all those 46 unaddressed, this councillor runs around years no-one has died from this disease. oblivious to the needs of the people who only The Queensland Times newspaper gives recently elected him to a four-year term on the credence to these political opportunists in its council with a salary and perks totalling attempts to sell a grubby meat wrapper. The $100,000 a year. In the event of his election to community could well do without this State Parliament, many thousands of newspaper circulated in Ipswich. Over a ratepayers' dollars will be spent on another number of years the community has waved its council by-election for division 10. I really finger at it over its biased news reporting, wonder about the motives of people such as which has caused the city to be seen as a bad Councillor Palhke, who was elected only four place to live. It is little wonder that for many months ago to a four-year term—a councillor years Ipswich City has suffered from poor who professed during his election campaign representation, terrible land values and a that his only concerns were about the decreasing work force, yet once this city was constituents of his area, division 10. the industrial hub of south-east Queensland Mr Mickel: He misled people. and a man could get a job there anywhere on Mr PAFF: Of course he has misled any day of the week. people. Without any hint at the recent election, The Minister for Environment, Mr Welford, this councillor has turned completely on his can be congratulated on his department's constituents and has virtually indicated to them cleaning up of the Dinmore AMH meatworks that their local government concerns are of following complaints from people living in the absolutely no interest to him. He has now Karalee area. This proves that the stance that completely turned his back on them—his loyal I took against noise and odours emanating electors. It is little wonder that the proposal of from the Dinmore meatworks was totally the Minister for Local Government, Mr justified, as the Environmental Protection Mackenroth, for full-time ratepayer funded Agency, under Mr Welford's department, has councillors to resign before an election to State responded and the multinational abattoir and Federal seats has met with favour in the owned by ConAgra has to respond to these wider community. justifiable concerns by July next year. And now a councillor of the ilk of David Effects of Temperature on Fuel Palhke is attempting to have the Churchill Mr KAISER (Woodridge—ALP) abattoirs closed down and is calling for an (12.19 p.m.): I rise today to discuss the issue inquiry. If these are the sorts of issues that of temperature effects on fuel volume and the Palhke and the National Party have in store for likely impact this has on fuel prices at the country people, they will never get back into bowser. This is an issue that has been raised Government. My actions in respect of the with me by many service station operators Dinmore meatworks stand in stark contrast to throughout the State, by those in my own the position taken by Liberal/National Party electorate and by the Logan City Council, candidate Councillor Palhke and some which is a high-volume fuel user. The basic members opposite. If the Opposition had any issue is that when fuel is hot, it has a certain concerns about or interest in the problems volume and as it cools it shrinks. faced by the people and had its finger on the button in respect of issues in this area, what Fuel is often brought straight from the has it said or done, for example, about the refinery at quite high temperatures and proposed western bypass? pumped into underground service station tanks and as it cools its volume decreases. For People are gravely concerned about their example, according to the National Standards future. Councillor Palhke would be well advised Commission, 10,000 litres of fuel at 36 to tell his masters in Brisbane of this problem, degrees celsius would be only 9,748 litres at which again has received little press coverage 15 degrees celsius, which amounts to a loss of 3292 Matters of Public Interest 3 Oct 2000

252 litres. This is fuel paid for by the retailer operators in Queensland and by bulk end but not able to be sold to the motorist. users of fuel such as the Logan City Council Estimates put the effect of this in an overall that it is an issue for them. This issue deserves sense at about 2c per litre. Of course, this to be considered. increases pressure on retailers' margins, who We can expect the oil companies to then take any opportunity to pass the costs on argue that the cost of compliance would be to motorists. too high, but it should be remembered that The problem has been recognised by retail LPG has always been sold at a retail petroleum companies which, since 1949, have level on a temperature corrected basis. operated under an international convention Industry sources tell me that there would be no which uses a volume corrected to a particular technical problems and no undue compliance reference temperature of 15 degrees celsius. costs. In fact, it may be as simple as doing This volume correction convention is used for what they do in Hawaii where they manually all international transfers of fuel, all internal adjust meters on a seasonal basis. Again, I company transfers and all internal accounting urge the Minister for Fair Trading to investigate by petrol companies. Incidentally, this this matter and, in particular, the ACT convention is also used to correct the volume legislation with a view to seeing if it could have of fuel to a reference temperature of 15 application here. degrees celsius for the purpose of excise payments to the Federal Government. This itself provides a direct profit to companies, as Sporting Achievements, Bulimba Electorate they pay excise at 15 degrees celsius but sell Mr PURCELL (Bulimba—ALP) at higher temperatures. Effectively, there is (12.24 p.m.): There is no doubt that some fuel sold at a wholesale level which does Australians have personal pride in the sporting not attract excise. The total effect of this has achievements of our sporting heroes. Sporting been estimated to be worth about $30m a greats just do not happen; we know that it is year as a windfall profit to all major oil the result of a lifetime of commitment, companies in this country. dedication and sacrifice and not just by the competitors themselves but also by their Despite the convention providing this type families. Quite a few of these sporting legends of windfall and protection for oil companies, no have the good taste to live in the electorate of such convention exists for wholesale and retail Bulimba: Hayley Lewis, Vicki Wilson, David sales made within Australia. There have been Codey, Dean Pullar—just to mention a few. many attempts made by retailers to negotiate Dean picked up a bronze medal in the diving. this issue with oil companies and wholesalers, He lives just up the road from my home. Other but those negotiations have always been sporting greats who have lived in the area in rejected by the companies. In recent times, the past include Susie O'Neil, who went to too, individual retailers have attempted to sue school at Lourdes Hill, Steve Holland, Wally oil companies, but these matters have always Lewis and Bobby Lindner—just to name a few. been settled in out of court settlements, thereby relieving the oil companies of abiding Whilst these people are household by any court precedents on this issue. names today, I wish to speak about the sporting greats who are not so widely known. No protection has existed for retailers until They are outstanding sportsmen in their own recently when the ACT Legislative Assembly age and division. I am talking about the took action last August. As a result of that members of the Southside Eagles soccer legislation, service station operators in the ACT team under 12, division 7. This team was were the first to receive temperature corrected undefeated for the entire season and held this fuel. This is as a result of legislation introduced position going into the major semis and went by the Independent member of the Legislative on to win the grand final. I would like to list the Assembly in the ACT, Mr Paul Osborne, but names of those people for honourable passed unanimously. The legislation provides members. They were Samuel Bastin, Gerard that all fuel deliveries of over 2,000 litres must Gailard, Jack Hanisch, Bernard Lough, Levin be sold on the basis of a temperature Poropat, Robert Shepley, who is the son of my corrected volume. campaign manager, Simon Suzuki, Laurence I urge the Minister for Fair Trading here in Wood, Jeffrey Chamberlain, Ty Gibson, Paul Queensland to consider this issue. Obviously, Grant, Jamie Howells, Daniel Moore, Adam the temperature effect is more dramatic in Rowe and Mackie Williamson. I also Canberra than in Brisbane because of the congratulate Brian Glass, who is their coach, cooler prevailing temperatures in that part of and Janice Chamberlain, who is the team the country, but I am told by service station manager. 3 Oct 2000 Ministerial Statement 3293

I would also like to mention the under 12, Grant, Gordon Jones, Mabb Byron and Don division 2 team. This team came from fifth McColl, who is another good mate of mine. position just before the semis to actually tie in The other members of the winning team are the grand final and share the premiership with Chris Eldridge, Paul Glover, Joshua Johns, another team. They are Nikolas Cox, Michael Tony O'Neil, Brendan Vinen, Gerard Vinen and Kereczko, Xavier Lopez, Daniel Nightingale, Scott Williamson. Chris Clark is the manager of Daniel Park, Tom Wellingham, Lian Gough, this very successful team. Ben Green, Adam Kerr, Jadden Margolis, I must also mention the fact that the Chris Owens, Ben Passfield and James Bulimba Bulls division 1 won the premiership Zammit. Their coach is Peter Reynolds, ably for the second year in a row. I am pleased that assisted by the team manager, Wendy Kerr. Mr Deputy Speaker Fouras is in the chair and But it does not finish there. The under 13 not my friend from Redcliffe, because we beat team, division 4 was also successful in winning Redcliffe in the grand final. Redcliffe scored its grand final with Southside Eagles. The first and Bulimba went on to beat them 2-1 in team members are Chris Balsillie, Tom a thrilling game. As I do not have time to read Circosta, Medhanye Desta, Lee Hofmann, their names, I seek leave to have them Scott Mulhearn, Daniel Stone, Jim Circosta, incorporated in Hansard. Farid Dakin, Luke Gamble, Dan McGregor, Craig Rocca and Sam Walker. Michael Witt, Leave granted. who is the son of a good mate of mine, and Bulimba Bulls Men's Division 1 also won their also Steven Purse—and they both attend Grand Final for the second year in a row, Balmoral State High School—helped achieve defeating Redcliffe 2-1 in a thrilling game— this great win. The coach was Paul Circosta, Steven Lambert, Jason Mangen, Sean Dancer, the father of two of the players, and the team Andrew Simpson, Greg Brown, Nathan manager was Ian Rocca. Eglington, Bjorn Smith, Dean Butler, Greg Hapgood, Jason Hale, Stephen Bullion. I would like to congratulate those teams and members from Southside Eagles. Some The reserves were— 28 junior teams played for Southside Eagles Russell Cornish, Peter Fardoulys, Duncan on Memorial Park at Bulimba this year. It is Mahoney, Phil Taylor, Luke Paine. one of the strongest sporting clubs in the Peter Batty is the team coach with Bob Hale the Bulimba district. I am very proud of them. They Team Manager. do themselves proud and their parents proud. I would also like to congratulate the mums and Time expired. dads. They are all juniors so their mums and dads take them there to play every weekend. Their mums and dads become taxidrivers and MINISTERIAL STATEMENT run them all over South Brisbane to where Borallon Correctional Centre they need to play, and these great successes Hon. T. A. BARTON (Waterford—ALP) would not happen without them. Having such (Minister for Police and Corrective Services) great players coming through from the junior (12.31 p.m.), by leave: As members would be ranks also augurs well for the Southside aware, the Department of Corrective Services Eagles seniors. I know that the Southside has recently completed an exhaustive and Eagles seniors have a great history of winning thorough tendering process for the Borallon championships in their division. They have Correctional Centre near Ipswich. The centre is great players who have been around for many, currently operated by the Corrections many years. To see these young players Corporation of Australia, currently wholly coming through to take their place is great. owned by the Corrections Corporation of I also acknowledge the Bulimba Bulls, America and French company Sodexho. The which won the men's hockey premiership. On centre is one of two correctional centres run by Saturday, 9 September division 4 Bulimba private operators in Queensland. It is the first Bulls defeated Norths 1-0. It was an historic time in 10 years the contract for Borallon has occasion because it was the fifth grand final been market tested. At the end of the first five- win in a row for this team. It is an outstanding year contract at Borallon in 1995, CCA was achievement considering the fierce allowed to continue for a further five-year term competition in this division. Division 4 is the top under the existing terms of the contract. When division played on grass in Brisbane. The win is we made the decision to market test the all the more exceptional due to the fact that six contract, we insisted on changing the terms of members of the team have played in every reference and make whomever the successful winning final for the past five years. Those contractor was more open and accountable. members are Mark Bowler, Chris Clark, Neale The new contract has greater restrictions on 3294 Ministerial Statement 3 Oct 2000 the operator and clearly defines their legislation. Unfortunately, the new legislation responsibilities. has yet to pass through this House. As members would be aware, the The results of the initial CSIU successful tenderer was the Management and investigations into the Borallon allegations are Training Corporation, a United States company of great concern to me and the Department of which passed the strict Government probity Corrective Services. Every time we have raised tests and which has a focus on rehabilitation these concerns with CCA and its board of and training of inmates. There will now be a directors we have been fobbed off with weak three-month changeover period between the and pathetic excuses. The department has old operators, CCA, and the new operators, given CCA every opportunity to fix the MTC. Part of that process is a guarantee that problems identified and allow a full police current employees at Borallon will be investigation, but it has failed to do so. maintained for six months. The department When the full extent of the initial CSIU has a number of experienced staff placed at investigations became known on 20 Borallon to help oversee the changeover and September, the executive director of assist the two companies with the process. It is Operational Support Services forwarded therefore with grave concern that I inform the correspondence the next day to the managing House of matters in relation to prison industries director of CCA requesting that a formal at Borallon Correctional Centre. complaint be laid by the company in order for On 11 September, a team from the investigations to continue. In accordance with Corrective Services Investigations Unit was the agreed time for response, the managing detailed to investigate allegations concerning director of CCA responded on 25 September theft of property from the Borallon industries indicating that the company would not lay a program. As a result of the investigation, formal complaint but would commission an several related allegations were made internal investigation into the allegations concerning theft, unauthorised manufacturing assisted by Arthur Andersen Auditors. for personal profit and conflicts of interest On 26 September, the director-general concerning members of both management forwarded a letter to the managing director of and staff. I have been advised that the CCA urging him to reconsider his decision and investigations have found enough evidence to indicated that, if he would not do so, the warrant further, more detailed investigations by matter would be referred to CCA's board of police. Several concerns have been raised in directors for resolution. On 28 September, the relation to the conduct of staff, including senior managing director of CCA contacted the management, and the processes in place at department and said he would not be making the centre. There are no less than 24 a formal complaint to police. On the same day, allegations of inappropriate, unauthorised or the director-general contacted the Corrections dishonest matters that need to be addressed. Corporation of Australia's board of directors I am referring to matters such as allegations of seeking a review of the managing director's secret commissions, theft, threats and decision not to lay a formal complaint. On 29 intimidation of staff who resisted these alleged September, a response was received from the illegal activities. board of directors from CCA's parent company, The management of this company is of Sodexho, in France which indicated its support the opinion that the matters are not serious for the managing director's decision and enough to necessitate CCA proceeding with a reiterating its wish to carry out an internal, full investigation. Management is refusing to independent investigation. lay a formal complaint. This is the dilemma for If the company wishes to carry out an the police: since the allegations involve theft independent investigation, there is no more an from a private company, it requires either a independent agency than the Queensland complaint from the company or people Police Service. I will table a copy of all involved before police can carry out correspondence to show that the department investigations and possibly lay charges. The has taken every possible step to stress the allegations also relate to corruption and seriousness of the initial findings of the CSIU misconduct, but since the Criminal Justice and how important it is for the company's own Commission does not have jurisdiction over integrity to have these matters completely privately run prisons the matters cannot be investigated. The department has met a stone referred to the CJC. This type of dilemma is wall. No-one connected to CCA wants to deal one of the main reasons why I decided to appropriately with the apparent corruption that extend the CJC's jurisdiction to cover privately has occurred. The ball is now back in the court run prisons in the new corrective services of CCA. The company's integrity is on the line, 3 Oct 2000 Child Care Amendment Bill 3295 and only senior management at CCA can take problems of overcrowding that would involve. I the necessary steps to have these matters table the department's forecasts and ask that cleared. the table be incorporated in Hansard. The Government has gone to great Leave granted. lengths to investigate allegations and clear out The document read as follows— corruption and illegal activities in Government- School name 2002 2003 2005 2007 run correctional centres. There are currently a number of cases before the court which are Flagstone option testimony to the Government's determination Flagstone school 793 845 958 1067 to keep our prisons clean. It is now up to CCA Beaudesert SHS 866 896 956 992 Park Ridge SHS 1695 1741 1842 1894 to clean up its act. The new contractor of this prison should have the right to know that these Jimboomba option issues of concern have been addressed Jimboomba school 906 936 996 1027 Beaudesert SHS 755 779 827 852 before it officially takes over the management Park Ridge SHS 1716 1779 1925 2035 of Borallon. Management Training Corporation has won the new contract in an open and School name 2009 2011 2013 2015 accountable manner. It has entered into an Flagstone option agreement with this Government to retain the Flagstone school 1159 1269 1387 1501 current staff at Borallon for at least six months. Beaudesert SHS 997 998 994 982 It must be assured that the staff it employs are Park Ridge SHS 1887 1892 1897 1904 honest. Jimboomba option Until police fully investigate these Jimboomba school 1024 1025 1025 1012 allegations, no-one will know for certain which Beaudesert SHS 849 848 846 839 staff were involved. It casts a cloud over Park Ridge SHS 2088 2154 2217 2275 everyone, and that is not acceptable for all Mr WELLS: Despite making the those staff who have done the right thing and departmental analyses available to council and worked honestly and responsibly. The the community, nobody has contradicted what department has sought legal advice on this the figures show. Indeed, although the council matter. Unfortunately, I do not have the power has not done a benchmark development to order the police to act on this matter. As I sequence, such work as it has done in that said, only CCA can resolve this matter. I urge it direction, and kindly provided to me, confirms to do the right thing, not only for the my department's prediction of population company's own integrity but to give its staff growth in Flagstone. The statistics show that every opportunity to clear their names. Flagstone is the only option, and we intend to build the high school there. MINISTERIAL STATEMENT A further advantage of the Flagstone High School, Beaudesert Shire location is that the new school can be a P-12 school if that is what the community wishes. Hon. D. M. WELLS (Murrumba—ALP) Whether it is a P-12 school or a conventional (Minister for Education) (12.39 p.m.), by leave: high school, it will provide the northern Flagstone will be the site for the new high Beaudesert community with a modern, school for the northern area of the Beaudesert innovative educational institution second to Shire. It is likely the new school will open in none in Queensland. I am confident that the 2002. While I acknowledge the local council's community will work together to make its new advocacy for building the new school at school a success. Jimboomba, where its constituents are currently concentrated, Flagstone will deliver the best possible outcomes for the coming CHILD CARE AMENDMENT BILL generation of students in the area. Second Reading Statistics show that were the school Resumed from 12 April (see p. 773). located at Jimboomba the number of students at Beaudesert State High School would Mr BEANLAND (Indooroopilly—LP) decline to a level at which the number of (12.42 p.m.): The Child Care Amendment Bill subjects offered would decrease, thus amends the Child Care Act 1991, which diminishing the education options for those provides for the licensing of child-care centres students. Education Queensland forecasts and family day care centres in this State. show that were the school built at Jimboomba, These amendments to the Act aim for a Park Ridge State High School enrolments handful of minimum requirements to be put in would blow out to 2,275 by 2015 to make it place for independent home-based care, the largest school in the State, with all the which is commonly known as backyard care. 3296 Child Care Amendment Bill 3 Oct 2000

The minimum requirements they seek to put in Parliament that will deal with this matter. place will in no way affect licensing matters Therefore, whatever is contained in this because no licensing or registration will be legislation is largely redundant because of the required. other legislation that will be forthcoming. These amendments are very important, Certainly criminal history checks will be covered because the current legislation governs the by that piece of legislation. standards and operations of child-care centres Proposed amendments from the and family day care centres in Queensland. National/Liberal coalition seek to give the Currently the centres in this State have a very director-general—that is, the Government of high reputation indeed. There are regular the day—discretion to exclude independent licence checks and other processes in place to home-based child-care centres in rural and ensure that they comply with the standards set remote Queensland from the restriction on not only by this Act but also by the regulations. numbers contained within the legislation. I A great deal of consultation is carried out and emphasise that in this regard we are purely a lot of work by industry groups goes into talking about numbers, not other matters such ensuring that high standards are maintained. as the need to have liability insurance, the The Government itself has an important role to need for criminal history checks and so on that play, particularly in relation to licensing and the might be covered. setting of standards. The legislation proposes that a person While the Opposition supports these must not care at any one time for more than amendments in principle, we are concerned six children of less than 12 years of age or that they work only on the basis of complaints. more than four children of less than six years That is, a complaint has to be lodged before of age. The amendment foreshadowed by the the Government will take any action to Opposition gives the Government some examine a situation. No licensing or flexibility on this particular issue. Secondly, it registration is being put in place and no regular will enable the Government of the day to set checks will be carried out. standards by regulation. I have read through As the Minister is aware, the Opposition the legislation very carefully. I have not taken has concerns about the considerable effect of legal advice on this aspect, but it would seem the Bill on rural and remote communities. I to me that there is a problem for the hope the Minister will be prepared to accept an Government in setting regulations under the amendment from the coalition in relation to the current amendments to the Act. I would have Bill's effect on those communities. I will say thought that, at some stage in the future, the more about that amendment shortly. Government may have wanted to set some Clearly there has been a lack of standards by regulation in a similar way to the consultation in relation to this legislation. The way in which it sets standards for time to time model with which the Minister has chosen to in relation to child-care centres, family day care proceed—several models are outlined in the centres and so on. Explanatory Notes—does not in fact set real The third thing I believe the legislation standards, apart from a limitation on the should contain would require a rewrite of the number of children per carer in independent Bill itself. Independent home-based care is home-based care. non-registered. We believe the word "non- Rural and remote communities are registered" should be contained in the ignored in the legislation and lumped in with amendments and be used to describe the south-east Queensland regional centres. people who operate these centres in order to There is no flexibility in the Bill. As I have highlight that they are non-registered, home- already indicated in passing, there are based, independent centres. Currently there is problems in some parts of south-east no reference to the fact that they are non- Queensland. There is a ready supply of registered, although the legislation goes to independent home-based care operators in great lengths to point out that they cannot this area, but there is no proactive checking. claim in advertisements that they are Rather, checks only follow complaints. I think in registered. time this may prove to be a problem for the Because there is no reference to their Government. being non-registered, people who operate Included in the legislation is a provision these centres might be able to imply that they enabling criminal history checks to be carried are because they are covered by Government out but, again, we will not know whether they legislation. Obviously, if something is covered are carried out. It is fair to say that the Minister by Government legislation there is a now has other legislation before the perception that some registration is involved 3 Oct 2000 Child Care Amendment Bill 3297 and that some type of compliance check is these problems arise. We have an abundance carried out. I think that will prove somewhat of of child-care facilities and day care facilities in a problem in time to come, because no this part of the State. These facilities are either reference has been made to it. I am not already established or can be established in proposing amendments in this regard. I did the future. Many people are prepared to enter look at it, but a large number of amendments the marketplace and provide such facilities. would need to be made. I would like the However, this is not the case in remote and Minister to comment on that point. I am sure rural areas of the State. Other providers will not the Minister must have considered that aspect be available. in framing the legislation. By allowing for a A cursory reading of the Bill raises a transitional period it is believed that the number of questions in relation to the care the Government will overcome its main concerns Minister took with the Bill before it was and ensure that facilities exist in remote and presented to the Parliament. When I look at regional areas of the State. I am not some of the statements the Minister made in suggesting that rural and remote parts of her second-reading speech I find a number of Queensland should not have standards similar slogans and some rhetoric which do not to those in south-east Queensland. However, measure up. On reading the Minister's speech, circumstances often vary in different parts of one could believe that a full registration regime Queensland. was to be set in place for the independent We should not forget that in many of home-based care centres. However, that is not Queensland's rural and remote towns there is the situation. no option but to send children to where they The Bill provides some degree of are currently being sent. The passing of this protection for children. Firstly, it provides that legislation will not lead to additional facilities an independent home-based provider must be being established. Additional facilities may be 18 years of age or more. I have already established in the more populated parts of the referred to the limitations on the number of State, but this will not occur in remote areas children involved. Under the legislation, where there are not sufficient people to providers must undergo criminal history provide the necessary facilities. checks. They must also have public liability Moreover, if an independent home-based insurance. The provider must not have a child-care operator was not measuring up to conviction for a disqualifying offence or reside acceptable standards in a country area the with such a person. However, that really sums parents would soon take action because the up the situation. The standards are not word spreads very quickly in country centres. significant in number. There is no reference to The word spreads very quickly if the centre is a range of other issues such as health, not up to scratch. The situation is entirely hygiene, minimum standards or holding an different from that which occurs in south-east authority to obtain needed emergency or Queensland and the more populated areas of medical attention and this type of thing. There the State. is no standard regarding the skills or personal The way the amendment is worded it qualities required of the carer. Such issues are gives maximum flexibility to the Government of not covered by this legislation. the day. It may be a transitional provision or it From my reading of the legislation, the may be introduced at some later stage where Government of the day would not be able to there is a pressing need in a country area. It introduce legislation covering such issues may take only a short time to overcome a because the Act needs to be further particular situation. However, the Government amended. I have proposed an amendment to has the discretion to act as it sees fit at the that effect. As I said, the legislation's only time. This discretion particularly refers to rural requirement is that carers must be over 18 and remote parts of the State. People in these years of age, must have public liability areas should not have to endure inferior insurance, must care for no more than six standards. However, this legislation does not children under 12 years of age and that the provide standards which will be enforced by household must not contain a person who has regular checks. The only compliance will be a criminal history. Checks will not be carried out based on a complaints basis. on these matters. The one issue that is of concern is the I raised this issue with the Minister in an number of children that a person may have in endeavour to discover how many complaints his or her care. I understand that there have had been received in relation to these matters been some problems in south-east in recent years. I know that people can say Queensland in this area. I can understand how that years ago a child was drowned in a 3298 Child Care Amendment Bill 3 Oct 2000 backyard pool. People can point to a whole Mr BEANLAND: Before the luncheon host of situations. I am interested in finding out recess I indicated that, although the Minister's how many complaints have been received by Explanatory Notes stated that the the Government in this area. I know that a consequences of this Bill would not be a cost person can hang out his shingle and get to Government, I did not believe that that people in. In busy city areas people might not would be the case. There would be some take the time to carry out the necessary cost—unless the Minister was indicating that checks required. I look forward to hearing from she expected very few complaints to flow from the Minister regarding the range of complaints this particular legislation or unless, of course, that the Government has received. as I was in the process of saying, the Minister This Bill distinguishes between the term was trying to indicate that the staff were not "carer" which is defined in the Bill and the term working fully in their current duties. I do not "care provider" which is used elsewhere in the know whether or not the Minister was trying to Act. Whilst the Government may insist that the indicate that there were some other duties that current legislation would cover the regulation- staff would discontinue in view of this particular making powers, I doubt that because the Bill coming into operation or whether some terminology is different under section 84 of the other reason exists for indicating that no Act. I believe that section of the legislation will additional resources would be needed. need to be amended in order to allow for As I indicated before the recess, we have regulations to be made for "carers". My had very clear indications from the staff—and second amendment clears up what may be a certainly from the strike action that has misunderstanding. occurred within the department—that additional resources will be needed if there is In the area of the Explanatory Notes to be any additional workload at all associated which deals with the cost of this legislation to with the implementation of this Bill. That is the Government, the Minister has indicated unless, of course, the Minister intends to that the implementation of this Bill will be create more perceptions but then at the end of achieved within resources. I presume the the day do very little to follow up. In a number Minister does not expect too many complaints of instances we have seen perceptions to be made to the department in the future. created but little follow-up is done and little We all know that departmental officers are benefit flows from a particular piece of currently working under difficulties. They have legislation. been taking strike action from time to time in Apart from the fact that there is no an endeavour to emphasise the pressure they provision for additional funding in the suffer. This action has been occurring right legislation, I have previously touched on the across the State. People have complained to issue of consultation. I think that this is the Government about the lack of staffing and particularly important because we hear a great the lack of resources. It is fine for the Minister deal from the Government about it being out to say that current staffing allocations are there consulting with rural and regional sufficient, but complaints will lead to additional Queensland. If consultation did take place, I duties for staff. I am not being cynical. We are question in what form? I am aware of what the all aware of the current situation within the Explanatory Notes say: the Minister consulted department. It is very important that, when with a number of peak groups such as the legislation is put in place, sufficient resources Child Care Forum, Family Day Care, are provided to implement the legislation. On Queensland Professional Child Care Centres page 4 of the Explanatory Notes we see the Associated, the Child Care Industry statement— Association of Queensland, Local Government "Implementation of this Bill will be Association, Child Care National Association, achieved within resources." Diversity of Child Care and Child Care This raises a number of questions. Queensland. However, it seems to me that there was Departmental staff are very busy. All staff no consultation with groups out in rural and members are fully occupied. The duties remote Queensland because when I travelled associated with the implementation of this Bill out there and raised this issue I found that it is will need to be carried out by a range of unknown to them. They are not aware of the people. I am sure there will be a number of situation at all. I will shortly quote some letters I complaints about various issues, particularly in received—and I know that the Minister coastal and south-east Queensland. received them—from people in places such as Sitting suspended from 1 p.m. to Gayndah and Longreach. I have also spoken 2.30 p.m. to people in Charleville, Dalby and other 3 Oct 2000 Child Care Amendment Bill 3299 centres and it has been indicated to me that that has been raised with me by a number of there was no consultation whatsoever. This people is, "What is the legislation really perhaps shows a little bit of the Government's about?" Whilst one can go through the true colours in relation to a matter that affects positive aspects of the legislation and the such a large area of the State. It affects all benefits that they might bring, there are a lot areas of the State. The situation is not the of cynics out there who do not believe in the same in south-east Queensland as in other premises of the Bill and the way it has been parts of the State. There is certainly a need to set up. The Bill provides that action will not be ensure that those in rural and remote parts of taken unless a complaint is lodged. Regular Queensland are not disfranchised by inspections will not be carried out. The Bill's legislation such as this. For that reason it is critics say that, as it is a complaints-based particularly important to know exactly what has operation, that is shutting the gate after the occurred by way of consultation with operators, horse has bolted. This is very reactive particularly those out in the bush. legislation rather than proactive legislation— When in a moment I quote some of these which is what many people would prefer to letters that I have received I will have to see. sanitise parts of them to comply with I think it is fair to say that this Bill does not parliamentary practice. Suffice to say that in a really make any improvements in advance to number of cases they are not impressed with prevent something going horribly wrong. The the effect that this Bill will have on them and Minister might contend that the possession of their special needs and circumstances. liability insurance is an advancement. I Country Queenslanders do not appreciate daresay most centres have liability insurance being totally ignored in a Clayton's consultation now. process; they certainly do not appreciate a The criminal history aspect will be picked threat to what services they currently receive. up elsewhere, as I understand it, to ensure This legislation will mean a loss of some that that aspect will be enforced, because it is services in some areas. It may be, of course, not being enforced in this legislation. The that in time to come that will be overcome. We major problem is the numbers. That will be a know that the Federal Government is spending problem in parts of Queensland, as I say, so it a lot of money—in fact, $240m—in a number is little advance on the current situation. of these areas to provide greater flexibility and I wish to spend a few moments looking at choice in child care in rural, regional and some of the problems people have presented remote parts of the State. I am sure that when to me. I will take one example. I am sure that some of that money flows through in a number the Minister has all of these letters tucked of these areas changes will occur. Putting that away. Hopefully, the Minister has read these aside, that does not mean that people from letters very carefully and has given these areas do not see this as a threat to their consideration to some of the problems that services—they certainly do. They believe that a their authors are facing. I think it is only when device could and should be found to ensure we read through the letters that we appreciate that they are not deprived of what child-care the issues and the problems that these people services they currently have. Rather than will experience. I have one here from seeing this legislation as a big step forward, Gayndah. The letter states— they see it as a big step backward. "I am writing to you with regard to the I think it is fair to say that when we are proposed changes to the current childcare talking about these centres we are not just act. My child presently receives the loving talking about western Queensland, we are also attention of a private day care mother." talking about areas such as Cape York, which are also different from parts of south-east It continues to state that the operator's— Queensland. Whilst I am sure that most of "... abilities and the immense amount of these centres will be able to comply with the time and effort she puts into caring for our regulations, there will be some that will not, as children are nothing short of wonderful. I I have already indicated, through no fault of have known"— their own. Therefore, we need to ensure that the private carer— we can cater for people in those areas so that "all of my life, and know that she is a they continue to receive the child-care services unique person without whom I know I that they have been receiving. would not have been able to re-enter the From a standards and a child protection workforce with any sense of peace. My point of view, the legislation does not say a child's love for her and his 'extended great deal at all. In fact, from a standards point family' is testament to this, as is the ease of view, it says little or nothing. Another issue with which'— 3300 Child Care Amendment Bill 3 Oct 2000 the provider's— Should the private carers of our "children integrate socially and community be forced to reduce the academically when entering the more number of children in their care, a formal stages of their education. I request considerable number of parents will be that you consider my situation as a sole faced with the situation of having no parent and as a resident of a rural reliable or regular carer for their children. community and the impact these changes This may well lead to parents having to will have on my family and many others in stop work to care for their children (as in our district and, no doubt, in the rest of my own circumstances), or alternatively, rural Queensland. relocating to a larger centre where childcare options are greater and more In our small town, we do not have a flexible. Of course, for those whose childcare centre, the closest being over livelihood is centred on agriculture, even 100 kilometres away. This means that if this is not an option. The drift from rural to the system is altered in the manner urban regions is supposedly of concern to proposed, it is highly likely that I will have the state government and the proposed no choice but to attempt to seek a place changes will do nothing to halt it. with public daycare. There are several reasons I deeply resent having to do this. The proposed changes will not only Firstly, I believe that, as a loving parent, I affect the economy of the town, but the should have the right to choose who quality of services available to people. cares for my child while I'm at work. In This is due to the fact that a large number Gayndah I will have no such choice. of the parents concerned work in the Secondly, the number of 'public' carers areas of health or education—many are available in our town is already too few to teachers or nursing sisters. If they are cope with current demands—what hope forced to cease paid work in order to care have they of coping with the influx of for their children on a full-time basis, the children from private carers? Thirdly, as a town's pool of experienced, permanent nurse, my hours of work vary immensely, professionals will be seriously depleted. and I am often called in on short notice. Like myself, these highly qualified and The public daycare system is too rigid to experienced women feel they are more meet my specific needs, so should I find than able to decide whether or not their another carer? In a town of this size, not child is being properly cared for and an easy option. Finally, the person who certainly do not need to look to the presently cares for my son has done so government to do this for them. since his birth. We have a relationship I was personally offended by the akin to an extended family. I do not wish tactless, and in our case, completely to tell my four year old boy he can no groundless implication that our private longer go to— carer is offering sub-standard levels of the carer— care. At no point in time has myself, or anyone of my acquaintance, been "because someone has decided she is approached on this or related matters, so not capable of caring for him and his why should we bear the brunt of these friends. allegations? We take great offence at the Please consider also the plight of suggestion that we have so little regard others within the community who share for our children we would leave them in an the excellent service offered by our unhealthy and unsafe environment—as private ... carer. Many of the families are recently implied by both media and shift or seasonal workers, something that government. We demand the right to is not adequately catered for by the public choose who will help us in the raising of system. This lack of flexibility is partly due our children." to over regulation of the industry and partly to lack of awareness, by the I have a number of similar letters from government, of the differing needs of rural people living in Gayndah. I would like to refer communities. As well, the apparent to another letter. The last one was from a suddenness of the government's decision nurse, and I think this one is from a teacher. It to regulate private carers has left many of states— us without sufficient time to react to, or "I am writing with regard to the plan for, the proposed changes. This is proposed changes to the current childcare causing extreme hardship for all act. My children are presently cared for by concerned, both financial and emotional. a wonderful private day care mother. My 3 Oct 2000 Child Care Amendment Bill 3301

husband is employed in the citrus industry that is, like her private operator— and I am employed ... on strictly a casual "in Gayndah. 'on call' basis. Before the birth of our children, now aged 4 & 2, I was employed 3. I will have to resign and hope we are on a full time basis ... Due to our often eligible for some government struggling financial situation, I gained this assistance. Regardless, our family will casual employment as a means to be considerably worse off financially." supplement our income. Therefore we The letter continues, again referring to parents needed a day care provider who would be who are teachers and nurses. able to accommodate my erratic work I have not only received letters from demands, someone I could ring at a people at Gayndah; I have also received moment's notice (as my employers ring letters from people in Longreach, who are in a me). We also needed someone who similar situation. A letter that I received from a would love and care for our children and person at Longreach is along similar lines. It make them part of their family. states— In Gayndah, our choices were "The following are some 'dot 1. Family Day Care—which consists points' highlighting the difficulties and of approximately 4 approved resulting consequences of the carers to meet the needs of the proposed amendments to legislation whole of Gayndah, or governing Child Care Services and Family Day Care. 2. ... a private ... carer who cared for many of Gayndah's children The specific points raised are in over the years—a well known relation to the Longreach community in and loved lady. which I work and reside. Family Day Care's rigid inflexibility 1. Longreach is serviced by only one and, in my opinion ... was not for us. We Day Care Centre and two Registered have had our children in care— Day Care Mothers. These services are generally fully booked. The at the private carer— Longreach Day Care Centre closes "for 3 years. Our children adore her. for a period of three weeks over 'Mummy' going to work is not a sad Christmas. occasion at our house, it's a chance to 2. The Longreach Kindergarten has go— places for forty children and is to the private carer. The letter continues— currently fully utilised. 3. Private daycare arrangements make "She is not only our care provider, up the shortfall. These include"— she is our friend, our adviser, our trusted confidant and part of our family. independent services— If this legislation is passed, our "as reported in the media. Private choices, as a family, will be few— daycare providers will, as a consequence of the planned 1. If there was an available and suitable legislative provisions, be required to Family Day Care position (unlikely in reduce their enrolments ... leaving Gayndah—currently a long waiting few options for the parents of those list) would she be able to children in care. Many parents will be accommodate our changing work forced to consider splitting their family days ... Sometimes I don't work for whilst in care or even excluding days. Under the government themselves from the workforce. scheme, I would have to pay to keep my place. We cannot afford to do 4. Current providers of private day care this, especially when I can never in Longreach will be forced to choose predict when I may be called in to between their enrolled children which work." in a small community has considerable social implications. In The letter states further— preference to making this decision, "2. A day care centre—in Gayndah—non these providers have indicated a existent! Maybe the government desire to discontinue providing a would consider building us one to fill service at all. the gap currently filled by the 5. The implications of reducing the operators and others like her"— number of places which private 3302 Child Care Amendment Bill 3 Oct 2000

providers can offer will seriously closely at this to see whether the issues can restrict the providers ability to earn be overcome. I think these issues are different sufficient income to make the service from those in rural and remote Queensland, financially viable. As a result, many and they are probably issues that this are considering mainstream legislation is designed to pick up. It is difficult employment outside the childcare to say whether the situation there is somewhat industry. different from that elsewhere, because I have 6. Although the pending legislative not conducted a personal inspection of that changes will be equitably applied facility in Cairns, whereas I have spoken with across the State, rural communities other people elsewhere and visited their will be more greatly disadvantaged facilities. A number of other States have than those in metropolitan areas, legislation that varies from ours in many ways. due to a lack of choice, eg I would still like to hear from the Minister about Longreach does not have a Nanny the number of complaints that have been or Service or a babysitting agency. are expected to be received in respect of this legislation. 7. In many instances, employers have provided incentives for families to I wish to highlight a couple of further relocate to sparsely populated rural matters before I conclude my contribution on and isolated areas. As a result, those this Bill. The legislation will cause problems in who choose to relocate leave behind some areas. Certainly, on the whole the extended families and established legislation will be welcomed—certainly in south- support networks, thus relying further east Queensland, anyway—because it will on Child Care Services. improve the situation. However, I am sure 8. Some families prefer a home based there will be some problems by virtue of the service as opposed to fact that some operators will remain institutionalised care. unregistered and will try to imply that they are registered. The pending legislative changes will significantly disadvantage rural families, The Child Care Amendment Bill does not and further consultation will be greatly put in place legislation that is proactive. There appreciated." will be no checks unless a complaint triggers I have also had discussions with people at an investigation. I am not sure how the Dalby, Charleville and a number of other Minister expects to get the word out. I expect places around Queensland. The clear that the Minister intends to promote this indication to me was that there are problems in legislation widely and trust that the people those areas. I am sure that is the case in operating these facilities will get to know about many other rural and remote areas. The it. In some places there will be knowledge that amendments proposed by the Opposition do there are centres such as this operating. There not allow for rural and remote communities to is a range of estimates of the number of be suddenly excluded; they give discretion to centres that would come within the ambit of the Government to look at individual this legislation. No doubt many of the places circumstances. Where there are problems with are known to departmental officers. I am sure numbers—and numbers only—those areas will they have some type of list on which to be able to be excluded from the Act. operate. Nevertheless, the legislation operates on a complaints basis only. My question is: I have illustrated that there are some how does the Minister intend to get the problems in this area and that this legislation message across to all of the people operating needs to be reassessed in relation to these these businesses, in their view, legitimately, as people. Both the Minister and I have had to the requirements in this legislation relating correspondence from a lady in Cairns, a Ms to their operations? Dianne Payne, the operator of My Other Mum, who is also experiencing problems with respect The director-general and other staff to her operation. However, I think it is fair to members briefed me on this legislation, and I say that her problems are vastly different from thank the Minister for that. It was greatly those facing people in rural and remote parts appreciated. In conclusion, I state that to date of Queensland. I know the Minister has my big disappointment—and I am yet to hear received volumes of correspondence on this the Government's response to my matter; I have copies of some of the letters amendments—is that we will not be able to and I understand there has been some media accommodate people in rural and remote coverage of that issue in Cairns. I am not sure areas, if indeed that is not encompassed whether the Minister has had her officers look within the legislation. 3 Oct 2000 Child Care Amendment Bill 3303

Ms STRUTHERS (Archerfield—ALP) have had heightened liability and risks (2.54 p.m.): The Minister for Families, Youth associated with their provision of care. and Community Care has introduced a The member for Indooroopilly said a fair number of key initiatives over the past 18 bit about the concerns in rural areas. No doubt months or so that have improved the safety of there is merit to some of the points raised in children and this Bill is also another positive the letters about which he spoke. But I cannot step in that direction. Every day parents make understand why some of the independent care informal and formal arrangements for the care providers in rural areas cannot be part of a of their children and in the formal system we family day care system and get the support have a very well developed system of home- that goes with that. based care through family day care and we have many top-quality child-care centres I support the Minister and her around the State. departmental officers in their efforts to limit the number of children in the care of informal I personally know a lot of women who providers and ensure that those carers have have cared for other people's children in their public liability insurance. It has been important own home for many years. They began as so- also to put in place a system that will screen called backyard operators and they then took potential child-care providers through criminal the option of moving into the formalised history checks and impose some system of system of family day care and getting the sanctions against those who do not comply support and other things that go with that. I with breaches. can remember many of them being worried about having to do a first-aid course, having to However, I have concerns about a couple get fences built and so on. However, they all of issues that the family day care providers knew that their compliance with those sorts of and others with whom I am familiar have regulations would mean improved safety for raised with me. Recently, I participated in a the children in their care and less worry for family day care conference and had the both the operators and their parents. Their opportunity to talk through some of these quality of care has always been outstanding issues. The concerns related mainly to two and parents have always been able to leave issues: firstly, whether the complaint system children with those women of whom I am would be adequate and, secondly, whether aware knowing that they were in a very there will be a clear distinction between family nurturing and family-like environment. day care and licensed backyard operators. The Minister has taken a lot of care to try to strike The number of working parents with the appropriate balance. However, I will raise children has grown substantially over the past some issues for further consideration as that decade. The figures from 1998 that I have regulatory framework develops. show that 94% of fathers and 63% of mothers in two-parent families with dependent children I am concerned that not all parents, and approximately half of the single parents friends or neighbours who have a concern with dependent children were in the labour about an independent care provider will have force. Far more parents are now working. the confidence to raise those concerns with Therefore, it is important that we have a departmental officers. I know that this issue is system that is able to cope with the demand. not new; it has been well thought through. But A system with increased regulations has been if this system is to remain complaints based necessary in order to maximise the health and into the future, I would like to see a safety of children in care. mechanism whereby more information could be provided to parents, for example, a kit for Not all carers of children have been part parents—the department might assist in its of an organised child-care system. Informal development—and contracts with parents and care by individuals in their own home has been independent care providers so that parents at widespread around the State, but there are the point of negotiating care have up-to-date significant risks with this form of care. I know information on their rights and the obligations the Minister has been well informed of these of care providers. risks in putting forward this Bill. It has also been unfair that independent carers, many of There are a number of things there to whom run mini-child-care centres to a which I am sure the Minister and departmental reasonable standard, have been free of the officers are putting their minds. I just raise burden of compliance with regulations and the those concerns about relying on a complaint- costs involved with that, unlike their based system. I understand that it takes counterparts in the family day care systems significant resources. The child-care resource and child-care systems. Many of those officers themselves would have great difficulty operators have had those advantages but policing such a system and we do not want 3304 Child Care Amendment Bill 3 Oct 2000 them to be child-care police. Even spot checks it will be quite an effort to let parents and care and those sorts of things have difficulties providers know of the changes and to make associated with them. sure that people are well informed of their Further consideration should be given to rights and obligations under the new system other means of providing parents with the that is proposed. I congratulate the Minister confidence and information to take up issues and the departmental officers who have put a that they need to take up. I have heard of lot of work into this and I wish it well. parents who have pulled their kids out of child Mr FELDMAN (Caboolture—CCAQ) care in such instances and not done anything (3.02 p.m.): It is with pleasure that I rise to about it. They have had concerns and did not speak on the Child Care Amendment Bill, tell anyone about them. It is those sorts of which amends the Child Care Act of 1991. It people whom we want to try to encourage to takes into its area of responsibility the licensing actually raise concerns for the benefit of of care facilities and day-care facilities for others. children. The number of children being cared I am not expecting that, if there were a for in child care or early education programs system of spot checks of independent carers, has certainly soared over the past few we would find kids in kero baths or anything decades primarily driven by an increase in the like that. I know we have had a difficult period number of women who have gone back to the nationally in the past 12 months with the work force and changes that have developed regulation of aged care facilities around the within the family structure. Child care is no country, but I do think that relying on a longer an experience for just a few children. In complaint-based system will have its this present day and age it certainly has weaknesses. I encourage the Minister and her become the norm. staff to do whatever they can to make sure Gone are the days when the average that every possible effort is made to get Australian family had a mum at home looking parents to take up those complaints after the kids while dad was at work. More and themselves. more mothers are being forced to return to In relation to the distinction between the work in order to meet financial commitments family day care system and licensed backyard and to make ends meet. We certainly have an operators, I know that the family day-care accelerating society and we are seeing more providers and scheme coordinators with whom and more that children are being raised I have met are pretty keen to make sure that outside the family home—quite often more independent home-based carers are not seen than they are being raised inside the home. as part of a family day care system, that there Another phenomenon that is raising its head is is no misleading information about them being the DINKS—double income, no kids—which is part of a Government system that is fully a phenomenon that is probably going to approved, endorsed, licensed and regulated, increase more and more as time goes on. as the family day care system is, and that they That should be a warning for all Governments are seen to be distinct in their own rights. I about where our policies are tending to push understand that there are some steps within families. the Bill that seek to address that. In that Consequently, most parents rely on child regard I encourage every possible effort to be care as part of their daily lives. It plays a made to ensure that the family day-care significant role in supporting parents who system, which is a well developed, excellent participate in the work force and also who system around our State of home-based partake in other activities such as further care—and I know the member for Lytton— education and training. Some parents also call Ms Bligh: Nationally accepted. on child-care services so they can attend to Ms STRUTHERS: That is right; it is appointments, go shopping or for other nationally accepted. personal reasons. In a majority of circumstances, the extended family of the Mr Lucas interjected. couple, such as parents and grandparents, Ms STRUTHERS: The member for Lytton who used to provide child care so the couple has a great scheme down at Wynnum. I have could take care of some of those things is friends who are care providers in that scheme affected by the same problems that we face and I have a wonderful scheme in Acacia as parents ourselves. Ridge in my own electorate servicing many Just as child care is becoming the norm communities. for children, struggling to secure a child-care It is also important that as much arrangement is becoming the norm for information as possible is provided. I know that parents. Parents face an array of choices: 3 Oct 2000 Child Care Amendment Bill 3305 friends, as I said, relatives and child-care suitability of independent home-based carers. programs operated either privately or publicly In addition, applicants must be at least 18 and staffed by individuals with varying degrees years of age. Finally, carers must take out and of training and experience. Parents must maintain public liability insurance of $5m. I weigh the considerations of quality, think this aspect will certainly prohibit a lot of convenience, availability and affordability while people who are intending to go in there and try worrying about whether they have made the to make a quick buck out of something that right decision. Reliability and having reliable should be made safe. and quality care is exceptionally important We will certainly be looking over the because young children are dependent on amendments that were foreshadowed by the care givers to fulfil the basic need to keep member for Indooroopilly, the shadow Minister them from harm. for Families, as to what we intend to do with Preschoolers are also in the midst of those later in the Committee stage of this Bill. forming personalities, developing cognitively But at this point, the City Country Alliance is and learning social skills. Child-care providers satisfied with the standards proposed by this can and do have a major impact on these amendment Bill and accordingly support the processes and certainly on their outcomes. amendments to the Child Care Act of 1991 The care and the education children receive that were introduced by the Minister. regularly from individuals other than their parents have attracted the attention of policy Mrs LAVARCH (Kurwongbah—ALP) makers, practitioners and researchers in the (3.08 p.m.): I am pleased to rise to speak in past few years. The percentage of children support of this Bill. I believe it was back in the receiving such care and education has grown 1860s that the House of Commons passed to the point at which most children now receive laws which established the minimum standards some type of non-parental care and education on the maintenance of children in Government prior to starting the first grade. borstal homes in England. While these measures were harsh and rudimentary by our The Bill before the House seeks to standards, it did signal for the first time a line address home-based care, or backyard care, of measures which would eventually change and establishes minimum safeguards and the way in which children and the responsibility guidelines for persons engaging in home- owed by society to children would be regarded based care. The Bill has been introduced to in nations such as Australia. It is also worth ensure that children participating in home- noting that at that same time as the House of based care are both protected and in a safe Commons was passing these laws, the United environment. This is achieved by setting States was having its great civil war to minimum standards that independent home- determine whether a race of people, including based carers must meet which are comparable its children, could be bought and sold into with the standards across all child-care slavery. At that time Australia was still a very facilities. I certainly take on board what the young colony and was pressing England to member for Indooroopilly said about the stop the transportation of convicts to Australia, affordability aspects of what parents have to including juveniles. do to try to meet that criteria and how a lot of those backyard operators, so to speak, who Mr Schwarten interjected. provide this care provide it so that there is Mrs LAVARCH: Yes, and we engaged in affordable care available to those parents who slavery as well. 140 years ago children were are having trouble meeting that need and yet regarded as little more than chattels and their who are both forced to be out there in the guardians, be it their parents, schools or the workplace. State, were largely free to deal with children as Under this amendment Bill carers can they pleased. Members may be puzzled as to care for only six children under the age of 12, why I raise this history in the debate today. and out of the six only four children may be The reason I raise it is that, back then, and under the age of six years. If the carer has even today, debate still rages as to what children, they are included in the number extent a Government should intervene into the permitted and that, therefore, provides an private arrangements of the family. Here we appropriate number of children to be cared for are in October 2000 and the Queensland in home-based care. Secondly, carers and any Parliament is debating a law which asks us family members residing at the carer's again to examine the boundary between the premises must not have a criminal history. As role of Government to oversight the structure the department is authorised to obtain criminal that protects children and the right of parents history information about convictions and to make choices about the care and charges of all applicants, this will ensure the upbringing of their children. Such debates are 3306 Child Care Amendment Bill 3 Oct 2000 sometimes difficult, as we should always be every family with children is largely an cautious about restricting the choices a parent unregulated care provider. can make. However, on this occasion, I can It must be stressed that this Bill does not say with no hesitation that the provisions in the infringe on the choice of parents to use Child Care Amendment Bill are unambiguously informal care. However, it seeks to provide and undoubtedly sensible and very greater peace of mind for parents by putting worth while. minimum standards into place which must be It is often commented that we regulate far met by informal care providers. These more vigorously for the obtaining of a driver's standards are, firstly and most importantly, the licence than the obtaining of a marriage prohibition of persons with certain criminal licence or how a person goes through a very histories, particularly relating to offences high level of scrutiny to get a passport but against children, from being care providers. absolutely no scrutiny to have a child. Secondly, the Bill places a limit on the number However, none of us would dispute the fact of children who may be cared for by a single that there can be no greater duty and no more carer in a private home. The limit being set is onerous a responsibility than to care for a that no more than six children under the age child. Parents owe a duty to children to care of 12 can be cared for in the carer's own home and provide for them. In choosing child care for fee, gain or reward and no more than four outside the family home, there is an equal of those children, including the carer's own responsibility to ensure that children will be children, can be under the age of compulsory provided with a safe and secure environment. school attendance. Thirdly, the Bill requires This Bill ensures this occurs. For that reason, it care providers to hold public liability insurance should be supported. to protect themselves and, more importantly, In broad terms, children will be cared for in the children under their care from the a range of environments during their consequences of injury resulting from an childhood. Most obviously, they will be cared accident occurring while care is provided. It is for within the family home. Clearly, the proposed that carers be required to take out immediate and extended family of children public liability insurance of not less than $5m. have always and will always be the most Fourthly, the Bill aligns the important to their care. Beyond the family Commonwealth funding provision for child care support network, children are cared for in both with the informal sector. It is not unreasonable informal and formal arrangements. Over the that a carer gaining the benefit of public past 20 years, the formal arrangements, that funding support for child care should meet is, child-care centres, preschools, minimum public standards. However, I do note kindergartens, family day care services and the that independent home-based care will not like, have been the focus of considerable attract the higher Commonwealth child-care public debate, public funding and public assistance. It will in fact attract the lower regulation, as well as untold surveys and amount available under the Commonwealth research papers. child-care rebate scheme. Lastly, the result of The informal sector where parents are the provisions of this Bill becoming law in obliged to seek care outside the extended Queensland will bring Queensland into line family network and outside the formal child- with other States and Territories. As the care structure has not always been focused Minister noted in her second-reading speech, upon. At the same time, the demand for Queensland is currently the only State or child care has risen and the choices have Territory that does not regulate backyard increased. Most regrettably and most child care. unfortunately, over the past four years the cost There is another side to the provision of of child care has also risen under the Federal child care which I want to briefly comment on Liberal/National Howard Government. The today. It cannot be emphasised enough that truth is that, for a significant number of access to high-quality, affordable child care is parents, the formal child-care sector has a not only important for children and families but financial cost which is hard to meet. For this also essential for Australia's wider social and reason and other reasons such as demand economic development. This is why exceeding supply in some regions or perhaps Government assistance and support of child the need for flexibility in hours or location, care should be promoted. John Howard, with some parents have turned to independent his 1950s Women's Weekly view of the role of home-based providers of care, commonly women in society, has done everything in his known as backyard care. There is nothing power to destroy the child-care industry. I note inherently wrong with the private in-home that his 1950s Women's Weekly view of the based care of children. Far from it. After all, role of women is also shared by the member 3 Oct 2000 Child Care Amendment Bill 3307 for Caboolture. In just four short years his and wellbeing of the large number of children Government's policies have put in serious in these care situations. There is a definite jeopardy all the advancements made in need to make changes to the Child Care Act access to good quality, affordable that will guarantee the safety and quality of child care achieved by the Hawke/Keating care given to children in this most vulnerable Labor Federal Governments. For this the time in their lives. Howard Federal Government is to be Legislation should be about placing condemned. Shame on it for doing this. children in an appropriate environment with a I want to refer to points made by the high standard of safety and quality of care, Victorian Trades Hall Council in its 1998 report essential to the proper development of on child-care funding. This report came out two children. The Bill as it stands does not address years after the Howard Government came to safety and quality of care by home-based power. This is what the Howard Government carers as a priority but as an afterthought. has done to child care. Since that Government Essentially, the proposed amendments have came to power in 1996, child care has suffered four main guidelines that home-based carers $1.3 billion in budget cuts and cost savings. must comply with. Hundreds of workers across the child-care Firstly, the carer must have public liability sector have lost their jobs. In fact, the Victorian insurance. Yes, public liability insurance is Trades Hall Council said that 57 child-care essential, but without the proper safety centres have closed in Victoria since January standards in place and the provision of the 1998. highest quality of care this is closing the gate Mr Schwarten: And not a peep out of this after the horse has bolted. No amount of lot over there! insurance payout, be it $5m or $50m, could Mrs LAVARCH: Yes, we have not heard a compensate for an accident or for the neglect peep. Not only did hundreds of workers across or abuse of an innocent child. The community the child-care sector lose their jobs, hundreds deserves and expects legislation that will of workers suffered a reduction in working outlaw practices within the home-based child- hours and therefore a reduction in income. care service that could place innocent and Hundreds of families have had to pay an defenceless children at risk. increase in their child-care fees of up to $32 Premises must be equipped with standard per week. Hundreds of families were forced to safety measures—smoke alarms, fire take their children out of child care. Over 50 extinguishers, pool fences, padlocks on gates child-care centres have closed in Victoria and so on. They must pass an inspection prior alone. Some have closed in Queensland. The to receiving an approval for home care status. changes in arrangements to outside school Random, regular checks are vital to ensure hours care have put in jeopardy many of our that safety measures are being properly outside school hours care facilities to the maintained. Playground equipment and toys, extent that we may have a silent and hidden as well as educational and development increased population of latchkey kids being put programs, should also be given close scrutiny in danger because of the miserly and old- during these inspections. All carers must have fashioned attitudes of the Howard a current senior first aid certificate. Safety of Government. these children could be compromised by I will continue to speak against this and distractions such as visitors, phone calls, crying campaign, as all my colleagues will, against babies or emergencies. the Howard Government until we restore a A single carer should have a backup Labor Government that supports child care, support worker to call on during emergencies. that sees the importance of child care not only All home-based carers must be able to provide to our families and to our communities but to at least one back-up support worker in cases the whole social and economic development of emergency. This person could be a of Australia. It is an essential service. It is not neighbour, relative or friend. The Department an optional extra. I will be delighted the day of Families, Youth and Community Care the Howard Government falls and a Labor should also be able to provide a back-up Federal Government is reinstated so that child support worker to accommodate any shortfall care can be properly placed where it should that may occur during an emergency. be—on the agenda. Secondly, the carer must have a criminal Mr TURNER (Thuringowa—IND) history check. A criminal history check is (3.19 p.m.): Due to the lack of official essential for the carer and other adults residing legislative guidelines for home-based child at the premises, but is that going far enough? care, there is growing concern for the safety The lack of a criminal record does not 3308 Child Care Amendment Bill 3 Oct 2000 necessarily deem a person capable of responsive to the needs of our community. We handling the demands and responsibilities of need to respond to the direct needs of families caring for young children. We need a more in our busy and diverse working communities. comprehensive outline of the character and It is my opinion that all home-based child- capabilities of the person applying for a home care facilities must be registered and have carer position. public liability insurance. All carers must have a Monitoring will only be done on a current senior first aid certificate and provide complaints basis. This means that an incident three references, as well as a criminal record must occur before anything is done. Children check, before approval is given. A person will be abused or hurt before any action is taking on the responsibility of caring for up to taken. By the time a complaint has been six children—someone else's children—must lodged, the children concerned will have be 21 years old or over and have a back-up already been exposed to a preventable support worker to call on in emergencies. incident, possibly leaving the child with A simple list of guidelines should be permanent physical or psychological damage. provided, and failure to abide by these basic We have to set standards that will prevent the recommendations should lead to the refusal or need for complaint. Operators must provide at withdrawal of home care registration. The carer least three relevant references as well as a should be required to provide to parents a criminal record check before approval is given. copy of the guidelines for a home-based carer Thirdly, the person must be 18 years old business to assist parents in making an or over. Provided that the 18 year old has informed decision before placing a child in their public liability insurance and passes the care. Included should be a simple checklist of criminal history check, this person is then safety equipment, playground equipment, allowed to take on the total responsibility for six health and hygiene and services that the carer children, babies included, and care for them in provides. The checklist must be completed the family home with no supervision, no and signed by both parent and carer when an monitoring and no back-up support. I believe agreement takes place. This simple procedure that at 18 years of age a large percentage of would have the effect of making home-based teenagers do not have the maturity, care self-regulating, because what better experience and tolerance to be able to give inspector of a child-care facility could there be the high quality of care required by six children. than the parents themselves? It would also The final guideline is for no more than six have the effect of continually bringing to the children to be cared for by one home-based attention of the home-based carer their carer. I believe this is a good balance, as in responsibilities to children in their care. Thuringowa we have had reports of up to 15 Further amendments to the Bill call for the children in one house with one adult. removal of endorsement certificates from the There has been a dramatic increase in Act and regulations. In the Townsville and the number of home-based child-care services Thuringowa area, 63 endorsed staff are filling in recent years. Eight thousand home-based positions as group leaders, directors and carers are currently registered with Medicare in assistant directors in private long day care Queensland. The major contributing factor to centres. Forced removal of these staff will this expansion would have to be the desire of place enormous pressures on centres due to parents seeking family values in a nurturing the unavailability of qualified people in regional home environment. Queensland. Centres in remote areas will have Quality care should provide programs that no choice but to close, leaving families without promote the emotional, intellectual, social and any child-care services. I ask that the physical development of children. The intent of endorsement certificate provisions remain in the legislation should be to prevent children the Act and regulations until such time as from being placed in inappropriate care. Is the there is an abundance of qualified staff. amendment in its current form concise enough My final concern relates to the possible to weed out unscrupulous operators and introduction of a compulsory Certificate III in operators whose main concern is for the fast children's services for all assistants before they buck rather than the safety and wellbeing of can work in a centre. This will create more children who have been placed in their care? hardship for workers who will not be able to These guidelines do not address the afford $5,000 to attain this certificate at TAFE. quality of care and level of safety that our All centres depend on relief assistance in the community expects. We need to reconsider Townsville and Thuringowa region. One the proposed amendments and develop hundred and forty-eight assistants would need guidelines that are more accountable and to complete this certificate. It would cost more 3 Oct 2000 Child Care Amendment Bill 3309 than they earn to get their certificate, so there no controls over staffing age, qualifications or could be a reluctance to work in this industry. experience and staff/children ratios, which I ask the Department of Families, Youth again place children at greater risk than would and Community Care not to introduce a be the case in formal, regulated child-care compulsory Certificate III in children's services services. In addition, issues such as lack of as this would place enormous pressure on safety, health and hygiene standards and centres. Despite the new trend for college or practices are not addressed. university training instead of training on the As has been mentioned earlier, there is job, this industry appears to be more suited to concern about the lack of insurance cover. having much of the training as practical Evidence from insurance companies suggests instead of theoretical. I would like to see these that the majority of home-based businesses suggestions introduced so that this essential do not appreciate that their household policies child-care industry can continue to grow, whilst do not apply to business activity. Not only are ensuring that the safety and wellbeing of our the informal carers taking a major legal risk, children is the top priority overall. Our most but the users of their services are also at risk precious assets are children—our next that, in the event of their child being seriously generation—and it is our duty to provide the injured, there will be inadequate funds necessary safety and nurturing to enable them available from the informal carer to cover any to grow into well-adjusted, happy and caring legal judgment for negligence, perhaps leaving adults. the parent with a major personal and financial Ms NELSON-CARR (Mundingburra—ALP) burden in caring for the injured child. It is the (3.27 p.m.): It gives me great pleasure to view of the QCCC that the majority of parents speak on the Child Care Amendment Bill, would be unaware of this risk. which will establish safeguards for our children Well, what are the reasons for the Bill? who are placed in backyard care. Now parents The safety of children being cared for in will have the right to choose from a broad independent home-based care is of utmost range of child-care services. importance. As these providers are not Perhaps the member for Thuringowa required to comply with any standards or should realise that some of the issues he just regulations to be eligible for registration, the raised have nothing to do with this Bill. In fact, Government is obviously concerned. These wide consultation will be taking place next year situations can be potentially unsafe, and the on the issues he has raised. Absolutely no numbers of children in this type of care can be decision has been made; his comments have of unsafe levels. no relevance to what we are talking about here The Bill establishes minimum standards today. aimed at promoting and protecting the rights The Bill sets standards for the carers of of children and preventing dangerous care children. First, there will be a limit on the situations from occurring. In the March 1999 number of children a carer can provide care edition of the Queensland Council of Social for. A carer may provide care for a maximum Service Bulletin comments are made reflecting of six children under the age of 12 years of concerns about this Government's decision to whom up to four, including the carer's own overhaul the child-care legislation. children, may be under six years. This number A 1995 tragedy in which an eight month is lower than the number of children able to be old baby drowned in a bath tub highlighted the cared for in licensed family day care schemes, need to change the law. The baby was left which allow up to seven children of whom up unsupervised by an unregistered child-care to four, again including the carer's own mother who had 13 children under the age of children, can be under six years of age. five in her home. The tragedy changed the Secondly, there will be a requirement for lives of the baby's parents. persons providing this type of care to be 18 years or over. Minister Anna Bligh is regulating backyard child care where carers look after children in In addition, a person will be disqualified their own homes for a fee. The Minister has from providing independent home-based care said that we owe it to families who choose this if the person has a conviction of a disqualifying type of care to have minimum safeguards in offence, has been issued with a prohibition place to reduce the risk of similar tragedies notice or resides with a disqualified person. happening again. It is surprising that when the At the moment informal carers are not Minister entered the ministry in 1998 no work subject to a criminal history check, which is had been done in this area by the previous aimed at minimising the risk of physical, sexual Government. For this reason it was decided and psychological abuse of children. There are not to delay the regulation of backyard care 3310 Child Care Amendment Bill 3 Oct 2000 any longer. The member for Indooroopilly, successful than random checks. Parents Denver Beanland, is on record as admitting relying on the help of relatives and friends for that he had not looked closely at the Bill. babysitting would not be affected by the laws. Until now, there have been no limits on The legislation will only affect people who offer the number of children that backyard operators child-care services from their homes and in Queensland could look after. This legislation charge a fee. Consultation has taken place will limit the number of children to no more with the child-care industry and we have come than six under 12, and four under the age of up with a four-point legislative plan to ensure six. Breaches of the legislation will incur greater safety for kids. maximum fines of $7,500. Under the new The new laws are part of a child-care regulations, public liability insurance will be industry overhaul and are part of the compulsory for backyard carers. There will be a development of the Queensland Child Care $3,000 penalty for non-compliance. People Strategic Plan 2000-05. Child Care Association with a criminal record will be prohibited and will of Queensland President Gwynn Bridge said be fined $7,500. Carers must be 18 years of that all the child-care sectors had been age or older or face a fine of $3,750. lobbying to have something done about Babysitters, nannys and neighbours are informal care. Questions such as—how safe excluded. are our children, who else visits the home and This Bill attempts to find a reasonable does the carer have a first aid certificate— balance between putting standards in place reflect many of the questions that we need to where people are operating a commercial ask in order to undertake this overhaul. service and minimising the level of intrusion As a mother and a working woman, I join into family life. It is interesting to note that with the Creche and Kindergarten Association about 8,000 backyard carers in Queensland Early Childhood Services Director, Susan have registered their tax file numbers with Whitaker, who said that the new legislation is Medicare, making their services eligible for the imperative as backyard care, as it is presently Commonwealth child-care rebate. However, structured, is not in the interests of children. A many carers operate in the black economy to lot of children are being cared for in homes avoid tax. The clampdown brings Queensland where the carer has no qualifications, where into line with national regulations. Minimum there are no safety requirements on the home safeguard standards and informal care offer a and there is no monitoring except on good environment for children. That is why we complaint. Informal carers will have to take out are not prohibiting it. and maintain public liability insurance of not National chairwoman of Kids First less than $5m. Planned criminal history checks Foundation and a former conservative will bring informal carers into line with licensed Government Families Minister, Beryce Nelson, operators where regulations forbid people is supportive of this Government's initiative. being carers if they have a criminal history of She says that untrained carers pose a violence, sexual offences or ill treatment or potential risk of abuse to children. Ms Nelson neglect of children. I commend the Bill to the says that the responsibility for monitoring the House. regulations imposed by Government must be Mr KNUTH (Burdekin—CCAQ) (3.36 p.m.): the responsibility of Government. She says I rise to give general support to the Child Care that there has been a policy of attrition at the Amendment Bill. The provision of backyard national level of child-care places over the past child-care services is indeed an important issue four or five years. This has resulted in a which, from the outset, the Child Care number of families having to withdraw from Amendment Bill appears to address. I am using appropriate child-care facilities. As the pleased to see that this Bill paves the way for member for Kurwongbah has already stated, greater policing of child carers who currently do this has to be wrong. It is something of a not operate as part of a licensed child-care campaign to drive women away from the work scheme. I fully endorse proposals to broaden force. The Howard Government must be the scope of criminal checks within the child- condemned for this. care system to help ensure that this much- This Bill is an effort to provide greater needed commercial sector cannot be safety for children, greater peace of mind for pervaded by the child-abusing vermin who parents and greater protection for child-care unfortunately exist in our community. providers. Backyard child carers—estimated to When it comes to child care—especially number more than 8,000 in Queensland— when the carer is not a relative of the child or would be monitored through a complaints children—we need some degree of policing of mechanism which will be more efficient and backyard operators, or "backyarders". When I 3 Oct 2000 Child Care Amendment Bill 3311 use the term "backyarders" during this Why do people not just go out and get a address, I am referring to people caring for Certificate Three in Children's Services? The children from their homes without any form of reason is because these certificates cost regulation or licensing scrutiny. There are, of between $5,000 and $6,000 to attain from a course, many fine licensed child-care services TAFE college. Many day-care assistants will and facilities established at homes in quit their jobs because they simply will not be residential areas, and my use of the term able to afford the financial impost of attaining "backyarders" in no way refers to those such a certificate. licensed operations. My support for greater policing of I noted with interest that in the briefing "backyarders" in the child-care sector proves paper which accompanied this Bill we were that I am not against constructive change. My informed that the number of Queenslanders concern with the current child-care review is using independent home-based carers under that an existing system of screening and the child-care cash rebate scheme is on the certification for long-day care centre staff may increase. However, in Queensland alone these be hastily replaced by an expensive option carers are not required to comply with any which creates a severe shortage of qualified standards of regulations in order to be eligible staff in regional Queensland. for registration. I feel that if Queensland care My request here is for some suitable providers want registration under the phase-in period of a new structure that will Commonwealth Health Insurance Commission ensure that our day care centres are not left we must ensure that they come under a short-staffed or forced to shut down because suitable system of checks and balances and of an overnight change in the rules. meet set standards. Essentially, I want the Department of Families, God forbid that a child is ever abused by Youth and Community Care to maintain a Queensland care provider registered under endorsement certificate provisions in the Act the child-care cash rebate scheme. However, if until such time as there is an abundance of such a thing did happen, how many of us Certificate 3 qualified staff in Queensland to could sleep well at night knowing that we did adequately man child-care centres. not endorse this Bill, which finally introduces a To use an analogy, scrapping form of screening process for care providers endorsements certificates overnight will be like and their live-in spouses, defactos and making the selection criteria for nurses twice as flatmates? The reality is that we could very well tough overnight. We already have a dire see Queensland paedophiles participating in shortage of qualified nurses in the Queensland this Federal scheme if we do not immediately health system, so making the criteria tough implement these new standards and security overnight would simply compound the measures. Doing so will at last bring problem. Queensland into line with the other States. Now that I have indicated my general Such is the situation in regional support for this Bill, I would like to refer to a Queensland that weeks of advertising and broader review of the Child Care Act which is work by employer groups in Townsville and currently being undertaken by the Department Thuringowa have not been able to find the of Youth, Families and Community Care. The number of Certificate 3 holders required to fill results of this review have yet to come before these positions now filled by staff with this House by way of a Bill or an amendment. endorsement certificates. The removal of On this issue, I have been approached by endorsement provisions will place serious several constituents who operate private long- doubts over the future of child-care centres at day child-care centres. These operators have Mornington Island, Bamaga, Normanton, Julia grave concerns about proposals to remove Creek and Cloncurry. In this age of equal endorsement certificates from the legislation rights, if special provision of funding was and possibly replace them with a compulsory required to prevent child-care centres in these Certificate Three in Children's Services. The areas from closing, I must remind the concern is that, if these changes occur, north department that it will be obligated to provide Queensland will be left with a drastic shortage these provisions and funding to all of staff for positions such as group leaders, Queensland child-care centres. Failing to treat assistant directors and directors. In the child-care centres equally will be a blatant act Townsville/Thuringowa area alone, 63 people of discrimination. with endorsement certificates fill such positions Further adding to the dilemma posed to and the removal of such certificates from the child-care centres by the removal of Child Care Act will lead to a serious shortage of endorsement certificates is the issue of relief qualified staff in regional Queensland. assistance which all centres use in times of 3312 Child Care Amendment Bill 3 Oct 2000 need. To keep their jobs as relief assistants administration in place to ensure that any new under the proposed changes, many would requirements are attained within a suitable have to spend more than they would earn in a time frame and at a suitable cost. By "suitable year to obtain their Certificate 3. Imagine cost" I mean a figure that will not drastically cut bringing into effect overnight a law in which into the personal savings of course participants every casual supermarket checkout operator or prove prohibitive to overall staff availability in had to spend $6,000 on training to continue the child-care sector. This might be achieved doing a job that effectively earned them only by Government subsidies which fund the bulk about $60 a week. Would members in this of the course fees. House do the course? I know I— A simple solution would be for the Mr Lucas interjected. Government to encourage child-care Mr KNUTH: The member for Lytton just assistants to undertake the course but reserve cannot help himself. He is just a bad boy. its compulsory status until a time when enough Would members do a course— people actually have the certificate to fill the jobs. Until I see the formal proposals, these An honourable member interjected. suggestions are all intended to make the Mr KNUTH: No, he is just a bad boy. department well aware of the child-care I know I would not do such a course, and sector's valid concerns. I am sure that the supermarket sector would Let me make this clear: I am not opposed be in a tizz trying to find staff. Such is the to the gradual introduction of an accreditation debacle that would be faced by the child-care system provided it is placed in accordance with sector if such rash changes were made. the availability of qualified people. I To continue servicing the existing demand understand that systems of accreditation will for child-care services in the Townsville and come along which better guarantee the safety, Thuringowa region, 148 casual, part-time and innocence and security of our children. To fail full-time assistants would have to spend about to introduce these systems would be remiss of $5,500 to attain their Certificate 3. any Government, but the introduction of these systems must be done at a pace that is Mr Schwarten: How do you know that? compatible with the realities of a real world. Mr KNUTH: It is a pretty good guess. It The reality here is that there is nowhere near comes from a lot of child-care centres, actually. enough Certificate 3 holders to sufficiently staff Ms Bligh: They are wrong. Queensland child-care facilities. If we rush such changes through without a healthy Mr KNUTH: They do not think they are. phase-in period, I can see a lot of irate mums Mr Schwarten: So a child-care worker and dads banging on our electorate office wrote that for you? doors demanding to know why the Mr KNUTH: Yes. Is the Minister going to Government has effectively axed hundreds of dispel their worst fears? child-care facilities and places. Mr Schwarten: Pardon? I appeal to the Minister for Families, Youth and Community Care to think long and Mr KNUTH: Is the Minister going to dispel hard about the implications of the rapid their worst fears? removal of endorsement certificates in the Ms Bligh: I will. current review of the Child Care Act. Before Mr KNUTH: I will let them know that. Think she brings in any amendments or Bills to the about this: the Townsville and Thuringowa House on this matter, she should keep in mind region alone will effectively be asking that slow and steady can win the race. hardworking taxpaying child-care centre Mr WILSON (Ferny Grove—ALP) workers to cough up a combined sum of (3.45 p.m.): This Government has an $814,000 to keep their jobs. That is almost obligation to act in the best interests of $1m of people's personal savings in the children. This Government through the Townsville/Thuringowa region alone. To make Minister, Anna Bligh, has done exactly that this certificate compulsory without a phase-in through the Child Care Amendment Bill 2000. period of several years will place unbearable My electorate is one of the fastest stress on what is already a hardworking and growing electorates in the State with over 30% conscientious industry heavily governed by of the population 17 years or under. Over 20% both Federal and State Governments. of the population is 12 years or under. That If the Government is to introduce the figure has been rapidly increasing in the last compulsory Certificate 3, it must have all the six to eight years. There are parents in my necessary details, funding assistance and electorate who look to this Government to act 3 Oct 2000 Child Care Amendment Bill 3313 in the best interests of children and they see more than four of those children, including any this legislation as doing exactly that—and that children of the carer, can be six years of age or is regulating in a balanced and proper way under. Secondly, the legislation states that a what is unfortunately called "backyard care". carer must have no criminal history, especially The right to child care has gradually for offences of a sexual or violent nature. A evolved over the past 10 to 20 years and, screening process will be put in place to fortunately, has become well entrenched within ensure that that provision is well and truly the culture and expectations of Australians. implemented. Thirdly, the legislation states But what we look for is affordable, good quality that carers must take out public risk liability and safe child care in whatever form we may insurance to the value of no less than $5m. As be able to obtain it. If there is one area of the member for Mundingburra said earlier, that diversity in service that is provided in the is to reassure parents that, in the unfortunate community it is in the area of child care. circumstance that a compensation claim is Parents in my area—and I am sure in made because of negligence, there is the Queensland generally—are looking for financial security to underpin such action. protection in the exercise of the choice that Fourthly, the legislation states that the home- they make either through lifestyle choice or based carer must be 18 years of age or older. through economic pressures to choose safe, This legislation is very clear. Despite what affordable and good quality child care. might be suggested by the Opposition, it Unfortunately, and increasingly, economic maintains the right of parents to choose the circumstances are putting pressure on families form of child care that is appropriate to their and requiring that they use whatever child-care circumstances. Throughout the years, people's avenues are available to them, and more and circumstances may change and they may more pressure is placed upon them to use make a different choice of child-care facility informal child care such as that regulated by throughout. I believe that this legislation also this legislation. maintains at the lower end of the affordability With the growing casualisation of work, scale the appropriate balance between the the increase in part-time work and the virtual cost of informal child care and the quality of destruction of security of employment in the child care that is provided. sense of permanent long-term employment, Finally, the legislation provides a many single parents are very much dependent complaints mechanism so that parents who upon access to child care. It is not just working are consumers of this type of child-care service parents. Shift work is another feature of can contact the Department of Families, Youth economic life now that puts much more and Community Care to ensure that these new pressure on families to use child care. regulations are appropriately policed. As has In those circumstances, we have a been said by a previous speaker, the Federal Government that has basically cut the implementation of this legislation has been guts out of the funding for child care in delayed so that home-care providers are given Australia. The withdrawal of Commonwealth an appropriate opportunity to make the funding, the closure of child-care centres and necessary adjustments to their arrangements fee increases in many child-care centres are so that they conform with this legislation. additional economic pressures created principally by the bloody-minded approach of Overall, I believe that this is excellent the Federal Government to funding in this area legislation and I commend the Minister for it. I that are compounding the pressure applied to look forward to further innovative reform the backs of parents who, through their own strategies coming forward from this Minister working circumstances, have the economic and this Government so that this sector of pressures to seek and use as much child care Queensland is given better protection and as they can. So more and more the pressure provided with a good-quality, affordable child- is for them to look for the cheapest child care care service. that they can get. It is our obligation to make Mrs LIZ CUNNINGHAM (Gladstone—IND) sure that, whilst they might be able to access (3.54 p.m.): In rising to speak to this Bill, I cheaper and more informal child care, that is indicate my support for its principles. I would nonetheless safe and well-regulated child care. like to reinforce, as have other speakers, the This legislation brings Queensland into positives in the Bill, particularly as they relate to line with all the other States. It sets a number our children. It has been said before, and we of basic standards. Firstly, it sets a maximum say it often, that our children are very of six children under the age of 12 who can be important. All of us mean it, but it is important looked after by one carer at home and no that we back up that statement with actions. 3314 Child Care Amendment Bill 3 Oct 2000

However, before getting to the positives of is the option for one person to attend to that the Bill, I want to place on record the concerns emergency and the children will still be in the of one person—who is a most prolific writer to care of the other person. Miss Payne argues my office about the issue and I am sure to the that that is why there needs to be a greater Minister's office—and that is Miss Dianne number than six children allowed under the Payne, who owns the home-based care regulation that is proposed so that it makes facility, My Other Mum, in Cairns. On a number economically viable the presence of more than of occasions, Miss Payne wrote to me and one carer. Miss Payne also asks who will look documented clearly her concerns. As I said, I after children when the single carer is am sure that she contacted ministerial staff as distracted by visitors or telephone calls. well with those concerns. Some of them are In relation to the issue of criminal history very valid, although before I list them, I would checks, Miss Payne says that her concern have to say that other independent home- about that is that the carer will have the based care providers would be horrified by criminal history check done on them but there some of the propositions that Miss Payne put will be no criminal history check on the people up, because they are quite onerous in their whom they may visit as a care provider. She implementation. said that the carer may take children to Miss Payne wrote to me and said that she residences that are unsafe or are holds grave fears that safety and quality of geographically distant from the home that she care have not been adequately addressed in provides the core care from. Miss Payne raises this Bill. That is often the opposite argument issues about public liability insurance in the that is given when Governments review and sense that carers are not required to have first- put in place safeguards into what was aid training or CPR. She queries how a carer previously a completely unregulated, will be able to provide support in emergency uncontrolled area. She states that the focus is situations like drowning or choking. not on the prevention of unsafe practices as monitoring will be done only on a compliance Miss Payne's concerns are all predicated basis. That means that an unsavoury incident on the fact that, if carers are allowed more must occur before anything is done. Miss children, they can have more staff and, Payne states further that there is no therefore, there is more safety—I guess, safety requirement for home-based carers to be in numbers if there are more carers. She registered nor is there any provision for regular believes that having a greater number of checks. She states that, sadly, there is no children with a higher number of carers also audit process that provides feedback and a allows for the development of programs that sharing of best practices between carers and promote the emotional, intellectual, social and regulators. She also states that the legislation physical development of children. Miss Payne lacks flexibility in that it does not cater for says that that quality of care could be home-based services that have evolved out of compromised when there is only one carer the needs of the community. limited to six children. Miss Payne also raises concerns about the safety of premises, for Miss Payne's last comment has some instance, buildings, fences, gates, childproof credibility, because in regional Queensland— poison cabinets, safe toys and the lack of a and I know the speaker after me will raise this monitoring body. issue—particularly in small townships, it is possible for only one or two people to provide In raising those concerns, I believe that independent home-based care. It would be Miss Payne comes from a very specific point of very easy and quite feasible for them, without view. She runs a very large, independent any ill intent, without any malpractice intended home-based care facility. Miss Payne believes or even done, to exceed the six-child limit that that these new regulations that will be placed this Bill proposes. It may be impractical for on her will require her to limit the number of those carers to address that issue other than children in her care and, therefore, a to write to the Minister about their concerns as comparable limit on the number of adults who that issue arises. will be able to also provide that care. There is some validity in the general principles of her Miss Payne felt that there were some concern. safety concerns in restricting six children to one carer. Economically, people will be constrained However, having listed the concerns of to stay within that number. However, Miss Miss Payne, I wish to commend the Minister Payne believes that, where there are two for the positives that this Bill contains. I carers, there is a safety valve for the care commend the Minister for the fact that this Bill provider. If there is a medical emergency or a does not introduce a licensing or registration life-threatening situation, with two carers there regime that creates additional paperwork. 3 Oct 2000 Child Care Amendment Bill 3315

Many of the independent home-based as good a service as those who might be 40 or operators sprung out of informal arrangements 50 years of age. between friends. For example, word of mouth Concerns were raised about the gets around that they provide excellent care intrusiveness of criminal history checks. This and others then ask whether their children can issue has been faced with respect to a number attend. People with a real heart for kids can of Bills, particularly those under Families, provide very high-quality care, a great deal of Youth and Community Care, where individuals security, emotional support and love while the or small groups of people have custodianship parents, often of necessity, both work. I and control of young people. No-one would commend the Minister for not introducing a deny that the checks are intrusive. However, heavy regulatory regime and associated once damage has been done to a young paperwork. person, whether it be physical or emotional, it I believe also that the fact that cannot be undone. The genuine care investigations will be generated on the basis of providers understand the need for criminal complaints is a recognition of the level of history checks. It is not a 100% guarantee of resources. Families and Community Care safety for our kids—nothing ever is—but it operates on that basis in respect of many certainly goes a long way towards stemming areas, simply because it does not have the the opportunities for mongrels to access this inspectorate resources to look at everybody area of child care as other avenues for providing services for people in crisis or in accessing paedophilia or other sexual need. From many people's point of view, it deviations dry up. Governments are tightening may not be ideal that it has a reactive up on the areas where these people can monitoring role. However, it is a reality of life perpetrate their activities. As I said, most that in many instances Government thinking people will accept the need for departments are asked to do more than they criminal history checks, including the need for are resourced to do. the disclosure of charges. It is also commendable that this Bill is not The other issue that has been raised with proposing to cover arrangements between respect to intrusiveness is the fact that a relatives. A lady in my electorate who works in person can be disqualified if they reside with a my office at times has her mum look after the disqualified person. Again, although it is a child on those occasions. Her mother is not a fundamental legislative principle and it does young woman; she is the child's grandmother. affect rights and liberties, the reality is that They love the time that they spend together. If these children, many of whom are very young, a regulatory regime were put in place, she will be in the care of a home-based care would have to back out of the arrangement; provider. They will be vulnerable to anyone she is not into paperwork. Certainly, she would who resides or visits that care provider and do everything in her power to provide this child therefore it is essential that all care be taken to called Jill with a loving environment. But if this ensure that inappropriate persons do not have area were regulated, these arrangements with easy access to those children. aunts, grandmothers or other relatives would cease to exist. That would place a huge strain The other side of tightening up on those on child-care facilities and also on the social who can provide independent home-based structure of our community. care is that parents are reliant on the people with whom they leave their children. I note that There has been some criticism not only in England secret cameras placed in homes from Miss Payne but also from others about where independent care was being provided the fact that a carer has to be 18 years or revealed how innovative some of the providers over. A lot of kids aged 18 cannot tolerate little were when it came to inflicting injuries to children, or anklebiters as they call them, and children in areas where bruises would not they would do anything to avoid looking after a show. People can be fairly cunning and can small child. Equally, there are young hold themselves out to be quality providers people—some younger than 18, but there has when in reality they have many problems with to be a mandatory age—who at 18 years of which they need to come to terms. age show a real strength in the provision of child care. Because of the difficulties in our I will not prolong the debate any further community and the fact that in society there other than to say that this is a very difficult are people who without any regret or area. There will always be those who will feel conscience would harm our children there has that Governments are intruding. I believe this to be a threshold age. As the age of majority, Bill provides a sound balance between 18 is a reasonable threshold. A lot of 18 year intrusion and letting the community develop its olds have a real love for kids and will provide own level of care outside of institutional or 3316 Child Care Amendment Bill 3 Oct 2000 formalised child care, and I commend the Family day care is something with which I Minister for introducing the Bill. have had significant experience. Prior to being Mr LUCAS (Lytton—ALP) (4.06 p.m.): I elected, I was the honorary solicitor for both am delighted to speak to the Child Care the Wynnum and Bayside Family Day Care. Amendment Bill. It is very important legislation My wife and I are the proud parents of children that regulates what has been known as who have been cared for at our local family backyard child-care operations. It is trite to say day care scheme. I commend both Wynnum that children are our most precious assets, but and Bayside Family Day Care on the excellent it is very true. We owe a special duty of care to job they perform in our local community of children as a Government and also as providing quality child care to the highest individuals, whether it be as parents or as possible standard. One of the great providers of child care or education. One of the advantages of family day care compared with reasons that we say we owe a special duty of so-called backyard operations is that family care to children is that they do not always have day care centres have coordination units. They the capacity to understand the threats and are the specialist team that liaises with parents dangers to them. For example, one would and daycare providers to provide ongoing expect that if an adult saw a sign reading supervision of providers and to ensure the "Danger! Do not touch. Live wires!" an adult continued safety of the facilities for children. As would normally take cognisance of that. a parent, I say that it gives me great peace of Sometimes they do not, but normally they mind that that takes place. would. In relation to children, we have to think I also acknowledge the work that family of their particular vulnerability, lack of day care does in relation to its role of ongoing understanding and maturity and so we owe a and continuing education. I myself have special duty of care to them and their needs. spoken at seminars of family day care This means that legislative requirements as providers about aspects of the law, and I know they relate to children are always more that they take very seriously their role in terms stringent. Of course, they are more stringent of being up to date on the latest practices. I the younger the children are, because the agree that it is not necessary to have 16 younger they are the lower their capacity to university degrees to be a quality child-care look after themselves. provider; a lot of it is whether people are suited The profession of nurturing and caring for to it or not, whether they have the proper children is a great one that is carried on in disposition, but education assists. I really do many different fields, but primarily in teaching, pay tribute to those schemes that see the early childhood education and in child caring. benefit in having appropriate continuing Great trust is put in these professionals and education. providers of these services by parents and the The regulatory framework established by community. It is appropriate that the this legislation is important. It has limits on the Government has a role in ensuring that that number of children to be cared for—no more trust has some degree of legislative sanction than six, public liability insurance, criminal and backing. For example, we have a role in history checks not only for the provider but also relation to the registration of teachers and we for people who ordinarily reside with the also have a role in relation to the quality of provider, which is very important because child care. As a Government, in supporting parents need to have some assurance that parents we have a role to ensure that parents, other people who reside at the home do not if they wish to work, have affordable quality have a history that would be of concern to the child care. Regrettably, sometimes in the children or their parents, and the requirement community individuals sling off at supporting that providers be 18 years or older. parents and single mothers. What more could one do if a parent wishes to gain an education If a complaint is lodged in relation to the and go out into the work force than offer to independent providers as established by this support them in that? That is very important. If legislation, action can be taken, including the a sole parent for whatever reasons has the imposition of fines and prohibition. It is very primary care of children and they want to get important to recognise that, other than for an education, they need support through child breaches of the criminal law, currently there is care of some description. And when they join no power to investigate so-called backyard the work force, they again need support providers. That must be a real concern. This through child care. They are being given a very legislation finally brings that under the umbrella important right: the chance to better their life of Government. That should be a great and that of their children. comfort to parents. 3 Oct 2000 Child Care Amendment Bill 3317

I am also very pleased to note that the public liability insurance has been taken out. Minister has indicated that, when it comes to However, I wonder whether we should not the implementation of these reforms, there will consider some mechanism with insurance be an education regime. That is very companies so that, if they refuse to reinsure important. People often shop around when someone, they are under some obligation to they are buying a washing machine or a communicate that to the Minister's television, but arguably this is a far more department. That would be a sure-fire warning important decision than that. Parents should sign. I wonder whether, if someone has failed be encouraged to shop around and compare to renew their policy—maybe for financial the relative merits of centre-based care, family reasons, but in any case it is still a concern day care and independent-based schemes. because they must be insured—or alternatively They should look at those various types of if they have been refused reinsurance providers to see whether they are up to the because the insurance company has some standard that they would like to see and concerns about their relative safety, we should whether they suit their particular family profile not have something in place that allows the and needs. We need to educate people that it insurance company to notify the Minister of is not just the availability of these services that that fact. Then at least the department would they need to look at; we need to educate be put on notice. them about what to look for and how to Secondly, I have a concern that relates to compare them. the ability of insurance companies to avoid There are a number of other factors that I paying out an insurance policy if there has would like to raise. A number of people in the been non-compliance with the terms of that family day care sector have expressed insurance policy. For example, when people concerns to me with respect to the inspection- insure their house and the insurance policy based regime that they have essentially says, "You are not to store petrol in the compared with a complaint-based regime. I kitchen", and they store petrol in the kitchen would appreciate the Minister's comments in and then there is a fire, then in certain relation to that. circumstances the insurance company can refuse to indemnify them because they have I note that there is a minimum breached the terms of the insurance policy. On requirement of $5m of public liability insurance. the other hand, in the case of motor vehicle That should offer some peace of mind to insurance and workers compensation parents. One of the problems with it is that insurance, whilst the insurance company can insurance is for only one event—in the event take action against the insured for failure to of a disaster occurring. That is what insurance comply with the terms of a contract, they still is for. That does help correct the damage must pay out the injured person. In the done, but the damage will have already been absence of legislation providing for that, I think done. I do not know too many people who we will have a problem. That is an important have had the benefit of a $2m payout, for issue to take into account—the ability of the example, for a serious personal injury. If I insurer to step around their obligation to asked them, "Which would you rather indemnify the insured. That would mean that have—$2m or not to have been injured?", I the injured child would not be able to recover think most of them would say that they would unless the insured person had other assets. rather have not been injured in the first place. It is important to realise that. I also note that the legislation will not allow people who are independent providers to There is a positive aspect to the claim that they are licensed. That is very requirement of having public liability insurance, important because obviously the public would and that is that insurance companies will assume that, if someone is described as probably not allow people to be insured unless licensed, there is some Government support or they make sure in the first place that people endorsement of them. It is very important that comply with standards, because they have to people understand that that is not the case minimise their risk. No doubt insurance and that parents will need to provide an companies will want to see some assurance assessment of the relative merits of the from providers that they are going to meet schemes and their benefits. standards that would minimise the likelihood of It is important for parents to consider the people being injured. That is very important. various methods of child care that are However, related to that are two things that I available to them, and they should shop would ask the Minister to consider. around no matter what sort of care they decide I note that in the legislation there is an upon—whether they decide that they want ability to monitor on an ongoing basis whether only family day care, centre-based care or 3318 Child Care Amendment Bill 3 Oct 2000 independent care. They need to shop around that no notice and no regard has been taken and ask others to alleviate any concerns that of the response that was received from so they might have. It is also interesting to note many parents who responded to the that they will not be able to get any child-care discussion paper that was released. assistance except for the lowest child-care It is particularly disappointing that the rebate because of the differing registration public consultation process has apparently requirements. been a farce. All those parents who responded This is good legislation, but it will require to the discussion paper as part of that public continual monitoring to make sure that we are consultation process have been up to date with best practice. It is always comprehensively ignored. I assure this important to understand that the responsibility Parliament that, in the case of the parents of children is an evolving area of the law and from Gayndah, and I am sure from many other that community attitudes change. I again pay small communities, those responses to the tribute to the Wynnum and Bayside Family public consultation process were genuine. Day Care Centres and their providers and to They were made by genuine parents who had the centre-based schemes in my electorate. the best interests of their children at heart. They do a fantastic job. I trust that this They made a genuine attempt to respond to a legislation will add to the choice for parents legislative proposal that will undoubtedly while at the same time protecting their best threaten the very satisfactory arrangements interests and, most importantly, the interests of they have developed and chosen for their their children. children. Mr SEENEY (Callide—NPA) (4.17 p.m.): The responses, letters and concerns of This legislation and the changes that it those parents should have been listened to. proposes to the child-care regulations with This legislation could easily have been made respect to independent child carers has more flexible to allow the situations they have caused much anger and concern in small rural developed for their children to continue. communities in the Callide electorate. It has Regrettably, that has not been the case and caused much anger and concern particularly in they and their communities have been treated the Central Burnett town of Gayndah, which is with absolute contempt by a public in the heart of the Callide electorate, where consultation process that was obviously less many families are facing very real disruption to than genuine from the start. I encouraged their lives because of the possibility of the parents in my electorate to participate in that passage of this legislation. The prospect of this public consultation process to pursue those legislation being passed into law in its present issues which they raised with me and which inflexible form is causing anger and concern were quite clearly very genuine concerns on among mothers and families who will be their behalf. adversely affected by its provisions. Make no mistake, this legislation will have negative In response to their invitation, I met with a impacts on people even though I do not group of over 20 parents in Gayndah on believe that was the intention of the authors of Thursday, 27 April to hear their concerns about the legislation, nor the intention of the Minister. the proposals and how they would be affected. Even though that was not the intention, it is The meeting was also attended by some undoubtedly the reality. independent child carers, one of whom had I have made representations to the been providing such services in Gayndah for Minister on behalf of a number of my 16 years. All parents at the meeting used constituents, especially those living in the independent child care on a part-time basis Gayndah area, with regard to the proposed involving irregular and sometimes changes to the child-care regulations. I know unpredictable time spans. Both the parents that they have written directly to the Minister and the carers are very happy with the outlining in their own words the problems that arrangements they have developed over a this legislation will cause in their particular long time. It was obvious to me from my visit circumstances. I am also aware that many that they all shared a very close relationship. people from other similar communities have Most importantly, it was very obvious that written to the Minister or to the department the children were happy and well cared for in with regard to this matter or have made the situation which had grown over time to submissions in response to the discussion meet a particular need, to meet the needs of paper that was released for public comment. It the families in that small community where is disappointing, therefore, that this legislation alternatives were simply not available at the has come before the House in its original time. The relationship that existed between the inflexible form. It is particularly disappointing carers, the parents and the children was a very 3 Oct 2000 Child Care Amendment Bill 3319 close one. It was a relationship very much akin are everything. No rules or regulations to a large extended family group. All the imposed by legislation such as this can provide parents and children knew each other and the the same level of confidence to parents they child carer well. It is the type of situation that is have in carers they have known and trusted typical of small rural communities. It is the type over a long time. With the passing of this of situation that is almost unheard of in the legislation, those families are faced with the larger urban centres. prospect of removing their children from a Families in these communities have child-care situation that they and their children solved their own problem with regard to child are happy with to establish new arrangements care. They solved the problem themselves, that they believe will be of a lesser standard of long before the Government and the acceptability to them and their children. Department of Families came along to provide Many parents believe that viable regulations not designed for communities such alternatives are currently not available at all as Gayndah. The regulatory proposals and will take time to develop and will provide encompassed in this legislation will, if care opportunities that are less flexible and implemented, bring an unnecessary and much less convenient. There needs to be a unjustified end to this harmonious situation flexibility in this legislation to allow some sort of and many more like it throughout the State. In smooth transition to the type of regulatory particular, the proposal to limit independent system that it makes mandatory. It is simply carers to a maximum of six children on their too disruptive to abruptly end by law the child- premises at any one time is particularly care situations that families and mothers restrictive in such a situation. It is restrictive to depend on at the moment and that they and the independent carers and parents of the their children are obviously happy with and children involved consider it quite unnecessary. have developed over time to meet their particular needs. Limiting numbers of children to an arbitrary number will not in itself ensure that The obvious flow-on effects for working children are well cared for. The quality of care parents in terms of lessened job opportunities available to children is dependent upon a large and increased emotional strain have been number of factors, chief among them the made very clear to me by the parents with carers themselves. Restricting numbers in whom I met in Gayndah. Those points have small communities can only mean that the been repeatedly outlined in letters those very better carers will be limited to the number of concerned parents have written to many children they can care for. In places such as members of this House and to the Minister. I Gayndah, it will mean children and families are strongly endorse the views put forward most worse off in terms of accessing reliable, ably by those parents in the public consultation trustworthy child care. stages of this legislation, especially the point that they as capable parents are by far best I can readily understand that this provision placed to decide what child-care situation is has been included in the legislation with the best for their children. They have developed a best intentions. I can readily understand that local situation that is right for them, right for there is a need to ensure that standards of their children and that suits the independent care provided by independent carers meet carers. They have chosen the option at cost to satisfactory minimum standards. No-one would themselves in some cases because they argue with that. I would not argue with that. I believe it is the best for them and their know that is the Minister's motivation, and that children. This legislation should be flexible is admirable. However, as in so many other enough to allow that to continue. cases, despite those admirable intentions, the end result of these across-the-board While I understand that the review of the regulations in some circumstances will be child-care regulations is designed to ensure horrendous for the very people the legislation higher standards are maintained, I would sets out to protect. That will certainly be the strongly suggest that in Gayndah's case the case for the community of Gayndah located in proposals will produce the opposite results. I my electorate. am not arguing for a moment that people in smaller communities should have lower The very prospect of this legislation has standards than urban centres with respect to caused much concern already. Its child care. That has been the response of the implementation in its current inflexible form is Minister to the representations that I and my set to devastate many working families in that constituents have made on this matter. It has community. Gayndah is a small community by been construed by the Minister and her any standard where people know each other department that somehow we are advocating and a child carer's reputation and track record lower standards for rural communities. In doing 3320 Child Care Amendment Bill 3 Oct 2000 so, the Minister completely misses the point, anyone's child was in an unsafe situation deliberately or otherwise. we would all be informed. If you looked at The point is that the proposals do not and the number of children with registered will not achieve the aim of ensuring higher carers and unregistered carers in our standards in different situations that exist in community you would see where our rural Queensland. In fact, I believe they will community preference lies. quite unintentionally have the opposite effect. Even if our community could It is absolutely essential that any changes to establish a Daycare Centre with qualified child-care regulations produce an outcome carers"— that allows parents to make their own choices it is a big "could"— for their own children for their own situation. It is essential that the outcome be flexible "myself and other parents would have to enough to encompass the wide range of subject our children to the separation uniquely successful child-care situations that anxiety of being taken away from their exist and that have operated successfully for present carer and the children who have many years in many different parts of become like an extended family." Queensland where the particular This legislation, while well intentioned, circumstances are so very different. should be flexible enough to allow what is an admirable situation of community self-help Independent carers in Gayndah are such as exists in Gayndah to continue. As the obviously successful and have the support of a shadow Minister has indicated, the Opposition large group of parents within a small will be moving an amendment to allow that to community. They have an admirable track happen. record. They have a reputation established over a long time and they provide a vital The Opposition will be moving an service to many Gayndah families, and have amendment that reflects the undeniable fact done so for many years. I refer to a carer who that the arrangements with regard to child has been in the Gayndah area for some 16 care, as in so many other areas of community years and whose child-care service has service provision, are and have to be very extended over more than one generation of different in small rural communities from what the same family. This carer has been a part of are obviously appropriate in large urban the Gayndah community for 16 years. Sixteen centres, where the dynamics of the community years ago there were no Government provided are very different, the needs of the people are or Government regulated child-care services. very different and the needs of the families Sixteen years ago the department would not involved are very different indeed. This have known where Gayndah was. legislation makes no attempt to recognise those differences. It makes no attempt to The community developed solutions to its provide the type of flexibility that would better own problems. The carer involved has become serve the needs of parents and families all a part of an extended family of so many over Queensland. In particular, it makes no Gayndah families. No child carer would last 16 attempt to provide the flexibility that would days in a small community such as Gayndah, better serve the needs of parents and families let alone 16 years, if the standard of care in the electorate I represent. provided was in any way questionable. There is a very different situation in those Mr SULLIVAN (Chermside—ALP) communities. The relationships between (4.31 p.m.): One measure of a good people are different from those in large urban Government is the manner in which legislators cities. People know each other. The networks care for the more vulnerable people in society. are very different and much closer. This Among the most vulnerable are young legislation needs to be able to address those children, and this Bill aims to protect our differences. youngsters. I support the efforts of our Minister and the whole Beattie Government in bringing I and other members of this House have this much-needed legislation to the House. received a large number of letters from people affected by this legislation, as has the Minister. Personal experience has demonstrated I quote from a letter from Mrs Sharon Merrett that changes were needed. My children are no from Gayndah. She says in part— longer young—they are tertiary, secondary and upper primary students—but in past years our "While the new legislation might be family had access to occasional care when my effective in larger towns and cities, in the wife did periods of short-term teaching relief. rural communities we already have our Our own experience convinced me that the own safety network—we look out for each quality of child care varied enormously and other and that's how it works for us. If that some form of regulation was needed to 3 Oct 2000 Child Care Amendment Bill 3321 bring below-standard carers up to a of the child in care. It also brings us into line reasonable standard of care provision. with other States. I take note of the comments of the The member for Callide again showed in member for Gladstone, who seemed to be his contribution to the debate that he cannot giving credence to complaints from a very be trusted to tell the whole truth about a small sector of child-care groups. Her situation. To say that public consultation was a comments about more kids being able to give farce and did not occur is simply not correct. better emotional, social and intellectual There were more than 70 meetings held development lacked credibility. If those carers across the State, which is 70 more than the who wrote to her really believe that, then why coalition had in the two years prior to the do they not do what people who look after Beattie Government coming to power. The large groups of children do—namely, four coalition in Government had absolutely no years of post-secondary study—and become interest in this. It conducted no consultation. fully qualified early childhood teachers who are No steps were taken at all. Yet I know that this trained specifically to handle large groups in was on the agenda in the mid-1990s because specially designed and specifically equipped I was on the then Minister's committee. It was service centres? In a backyard circumstance being discussed. they cannot claim to look after large numbers Mr Seeney interjected. of children without formal training. Mr SULLIVAN: The member wants to talk, Honourable members should not pretend but he does not want to listen. That is typical that more children equals better care. For of the member for Callide, unfortunately. commercial operators, more children equals better profits. I received letters, as did other I know that this was on the agenda in the members of this House, and that was an mid-1990s, because I was a member of the underlying message I could read between the then Minister's committee. I was also on the lines. They did not want to do the work, take shadow Minister's committee. We were being the steps or expend the money required to get approached by people in the child-care area formal qualifications, but they wanted to reap and they were saying there was a problem. If the profits. the member for Callide did just a tiny bit of Ms Bligh: They don't want to pay award homework, he would know that the coalition wages. Minister took no steps to have public consultation and no steps to meet with the Mr SULLIVAN: That is absolutely correct. main providers in the industry. In fact, it was at In fact, one of my daughter's friends works in that time that the Federal coalition was ripping the child-care area. I know that she has the heart out of the child-care rebate. difficulties with hours, with wages and with the conditions under which she works. The member's complaints ring hollow because he said that there should be different I saw terrible examples of lots of children rules for the small country towns. By this does being in one person's care, where they were he mean there should be lesser standards set fed chips and soft drinks while watching for the small country towns? television, with limited or no play space and no organised activities. What the Minister and this Mr SEENEY: Mr Deputy Speaker, I rise to legislation aim to do is stop that sort of abuse, a point of order. I have been particularly which does occur. patient with the member for Chermside. I find his misconstruing of my comments offensive My prior experience on the Board of and I ask that they be withdrawn. Teacher Education, which people would now recognise as the Board of Teacher Mr DEPUTY SPEAKER (Mr Reeves): Registration, in ensuring that teachers were of Order! The member for Chermside will good character, indicated to me that there withdraw those comments. were difficulties in trying to ensure proper steps Mr SULLIVAN: I withdraw. In referring to to make sure that people of good character small country towns the member for Callide came into the profession. It was relatively easy said that they knew what to do, that they had in schools at which there were a number of a caring community and that they came to teachers, parents and support staff in and out their own solutions. I can only wonder what of the classrooms and the playground so that those who so sadly lost their lives in, say, the there was external supervision of the activity. Childers backpackers hostel fire would think But how can we possibly regulate care in an about having lesser standards of care for individual's home which is not open to public people in small communities. We need fire scrutiny? This Bill strikes a balance between and health and safety regulations in small the personal rights of the carer and the rights country towns, where death and injury can 3322 Child Care Amendment Bill 3 Oct 2000 occur just as they can occur in the large urban Mr SULLIVAN: I heard the interjection areas or in the regional cities. There is no from the member for Callide. He said, "And in difference between the child abuse that occurs Catholic schools." Are there any other schools in large urban areas such as Brisbane or the that the honourable member wants to smear Gold Coast and that which occurs in a small where there has been abuse? country town or a regional town. If he believes Mr DEPUTY SPEAKER: Order! The that child abuse does not occur and has not member for Chermside will speak through the occurred there, he has simply closed his eyes Chair. That is your final warning, member for to historical fact. Callide. Mr Seeney interjected. Mr SULLIVAN: I think the interjection of Mr DEPUTY SPEAKER: The member for the member opposite shows a couple of Callide will cease interjecting. things: how low he can get and how ignorant Mr Seeney: Oh, be fair. he is. I am sorry that we have had to put up with him. He is really making his reputation in Mr DEPUTY SPEAKER: The member for this Chamber as the Santoro of the National Callide will withdraw that remark about the Party. Chair. Mr SEENEY: I rise to a point of order. Mr SEENEY: I withdraw. Honestly, I find that objectionable and ask that Mr SULLIVAN: I listened carefully and in it be withdrawn. silence to the contribution of the member Mr SULLIVAN: I withdraw, and I apologise opposite. Whilst I disagree significantly with to Mr Santoro as well. I will deal now with the what he said, I allowed him to have a say and criminal history checks which form an integral I am now commenting on his contribution. I part of this legislation. One of the most thank you, Mr Deputy Speaker, for your important amendments contained within the protection. Child Care Amendment Bill is in clause 7 and Over a number of years I have read proposes to prohibit individuals who have a research papers on child abuse and on child criminal history of sexual or violent offences protection. I have read information provided by from providing independent home-based care. the Parliamentary Library and information The disqualifying sexual and violent offences provided by research groups which have are contained within parts 4 and 5 of the looked at this problem throughout Australia. I Criminal Code and offences against the Child have also attended seminars hosted by Protection Act 1999. It is very clear for people who are looking at child protection both everyone to see details of the offences and within and outside my electorate. I am aware the disqualifying conduct. that child abuse and child neglect is not the Further, protection of children will be province of only larger urban areas. It is not afforded by ensuring that home-based care will only the province of the poor and be prohibited if that care is being provided in a underprivileged. Abuse of children and neglect home-based setting where an adult who of children occurs across all strata of the ordinarily resides there has a criminal history of economic sectors within our society and in all sexual or violent offences. If a complaint is population areas. made against a child-care provider of home- based care, and the person or persons refuse If anyone opposite suggests that small to consent to a criminal history check, an country towns have provided the solution in authorised person, such as a child-care officer, the past, then those members have ignored must issue the relevant person with a the number of cases that have come to the prohibition notice barring that person from attention of child protection officers and Family providing home-based care. This power must Services officers who have had to step in be communicated to the relevant person when because of neglect and abuse within those consent is sought. This is a significant step areas. I absolutely reject the comments made forward. Such a provision does not currently by those opposite who say that we need exist. different rules, that we need a lesser set of standards or, "We know how to handle it As I said before, this Government has because we have done it in the past." taken the time and energy to do something about an area which needed reform. The In the past, there has been abuse in previous Government did nothing. This clause small country towns, just as there has been is designed to extend powers to protect abuse in provincial cities and in the large urban children in an informal care setting. Obviously, areas. individual privacy rights will be mitigated, and I Mr Seeney: And in Catholic schools. acknowledge the concerns expressed by the 3 Oct 2000 Child Care Amendment Bill 3323

Scrutiny of Legislation Committee on this demonstrated by the fact that some parents matter. I commend the Scrutiny of Legislation forgo the child-care assistance subsidy in order Committee for bringing its concerns to the to exercise their right to choice of child care for attention of the Parliament. The committee their children. notes that conditions are built in to give I rise to speak on the Child Care protection to carers so that they have an Amendment Bill 2000 to bring to the House opportunity to appeal against any decision. To concerns which are described by many in the some extent, their rights are protected as well. industry as serious. This legislation does not It is a very delicate exercise to find the address the full issues of safety or quality care balance between the rights of the carer and for the minors to whom it is directed by the rights of the child—particularly very young pushing for only a minimum standard. children. However, as the committee noted, As has been stated in correspondence I there are several safeguards surrounding the have received, together with other members of disclosure of a person's criminal history and this House, legislation should be about placing the subsequent use of this information by the children in appropriate care rather than taking chief executive. The affected person will also away quality care and services which have have the ability to appeal against a decision evolved from the direct needs of the made by the chief executive, on the basis of community. In other words, this legislation the person's criminal history, under the aims to establish what the Government wants Children's Commissioner and Children's rather than what families throughout Services Appeals Tribunals Act 1996. Queensland want and need. This is perceived This legislation does not extend to care by as contrary to the direction of the consultation relatives or care in the child's own home—what paper which was recently circulated. we commonly refer to as babysitting. The No-one denies that there is a definite Minister has realised that there is no way in the need to make changes to the Child Care Act, world that babysitting arrangements which are and those in the industry desire legislation that made by all families could be regulated in this will outlaw shonky practices in all aspects of way. We are talking about regular fee for child care. It has been said that surely any service. The legislation does not apply to those legislation should promote policies that focus circumstances of small group instruction such on prevention which is, after all, in the best as ballet, music or tennis coaching where we interests of the very people we are have small numbers of children in the care of endeavouring to protect—our children—and an adult. not rectification after an event. It could be an This is good legislation. It has been event which, quite frankly, may very well have brought in by a Minister who has taken the devastating effects on the child and the child's time and the effort to consult with people and family for years to come. to provide a very delicate balance in a most The data on complaints as published by difficult area. I support the legislation. the Courier-Mail on Tuesday, 21 March quotes Mrs PRATT (Barambah—IND) statistics from the Department of Families, (4.46 p.m.): On Tuesday, 11 April the Youth and Community Care for the financial Queensland Government tabled an year 1998-99. These statistics show that of amendment to the 1991 Child Care Act. Since 265 substantiated complaints, 231 involved the announcement was made, the media has centre-based care, 23 involved family day portrayed home-based child care as care, seven involved outside school hours care "backyard, unsafe and dirty". There are and only four involved other care services. This approximately 8,000 home-based carers clearly shows that home-based care is not a registered with Medicare. There is no doubting major source of complaint as far as parents that in this, as in many other industries, there are concerned. are those who abuse the system and deserve A communique I received states— the derogatory names they are often given such as "cowboys" and "shonks". "... after reading the details of the proposed amendment I hold fears that The often horrifying tales reported in the safety and quality of care have not been media, although stating instances that are adequately addressed. The focus is not true, do not reflect the whole truth, and that is on prevention of unsafe practices, as that the vast majority of home-based carers monitoring will only be done on a take pride in their businesses and the quality complaint basis. This means that an of care they adopt with their young charges. unsavoury incident must actually occur Parent satisfaction with these home- before anything is done. The legislation based carers can be, and has been, provides there be no need for home- 3324 Child Care Amendment Bill 3 Oct 2000

based carers to be registered and no reached. In larger regional centres there is the provision for regular checks. Sadly there is option of choosing another facility. This is not no process whereby feedback for the so in small communities. In small rural towns a passing of 'best practices' between carers lot of parents actually travel a long distance to can be shared." get to work and therefore the child-care centre The desired consequence of legislation is filled rapidly. Without the provision of an should be to enhance an industry and to allow avenue of appeal, I can see that some it to grow. My concern with this legislation is parents, particularly women in rural that it will have the opposite effect in many Queensland, would find it necessary to remove areas and many child-care facilities will be themselves from the work force. I do not forced to close. believe that is the intention of this Government, but it will be a consequence of I also have concerns about an 18 year old this legislation. caring for six children. Most people with only one or two children would say that it is an I support the intention of this Bill to protect arduous task and I believe that most parents children in the child-care industry, but in many would be more at ease with a primary carer ways I would have preferred it to be stronger. being 21 years of age as a minimum. The Many people in the House have spoken on Government has chosen a model which has those issues, so I will not go over them again. been stated to be the most cost-effective for Having visited some child-care facilities, I can Government. In stating this, I believe that the see that this legislation does in fact allow Government has placed a greater value on centres to operate at a standard lower than money than it has on the care of children and that which I have seen in some of the so- their safety. called backyard home-based carer operations. I will support this Bill, but I ask the Minister to With this legislation, as with many pieces please address the issues affecting rural of legislation that are proposed in this House, I Queensland. see that the Government has not taken into account the different needs of rural areas, Hon. A. M. BLIGH (South Brisbane—ALP) which often have only one child-care (Minister for Families, Youth and Community facility—and that is if they are really lucky. In Care and Minister for Disability Services) lower socioeconomic areas there may not be (4.53 p.m.), in reply: The Bill that is before the an option of going to the next suburb to House introduces regulation into a sector of access child-care facilities as there is in the the child-care industry that has been cities and larger regional centres. Many people unregulated in Queensland to date. There are in my electorate who access child care often an increasing number of families that are travel up to 40 minutes to avail themselves of choosing to place their children in unregulated this service. Some of these towns with situations and they are making that choice for populations of only 300 or 400 people have a range of reasons. I think it is important for us only one facility in a private home. The next to understand the reasons that families make facility could be in the next town another half the choices that they make, to respect those hour or so away. reasons and to ensure that the legislation that we pass in this House facilitates those sorts of I would appreciate the Minister reviewing choices. this area of the Bill—and I did speak earlier at The reasons that families are choosing some length with some of the Minister's this sort of care include the following and a advisers about this matter—which limits the combination of them: firstly, the increasing number of children to the size of the dwelling unaffordability of some parts of the formal by allowing child-care operators in a town with sector for many families. The member for a small population the option of appealing for Ferny Grove touched on this when he talked a dispensation on the number of children at about some of the very, very drastic cuts in the the dwelling with the proviso that two carers be assistance and support by the Commonwealth in attendance. Many people have stated to Government over recent years to the regulated me that they would much prefer two adults child-care industry and the formal sector. I minding their children to one, for obvious should state here, though, that it is not always safety reasons, and if only for the fact that one a cheaper option for people to put their carer may get through the checks. children into informal care, particularly for the There also exists a possibility that where a next reason, which is that the changing nature child is in the care of a home-based carer the of work has meant that many families are child's sibling may not be able to attend that seeking more flexible options. Informal carers same care centre, it being the only one in the are often more likely and more able to offer town, because of the limit already being care outside of normal working hours, on 3 Oct 2000 Child Care Amendment Bill 3325 weekends and during vacation periods and balance between the legitimate public interest therefore families choose that kind of care. in the safety and wellbeing of children and the Because it is outside of normal working hours it individual rights and responsibilities of parents is often more expensive on an hourly basis. and families. But I think it is important for me Many families choose it because it is to stress here that nothing in this legislation, or home based. Families make their own indeed any piece of legislation that I believe decisions about whether or not they want their anybody could bring before this House, will children cared for in a centre-based ever replace the careful and well-informed environment or an environment based in a consideration of parents who are themselves family home which, to their mind, best best placed to make good quality decisions replicates a family environment. Many about the best form of care for their children. families—and this has been alluded to in many In making that decision, parents make choices speeches this afternoon—make this choice about whether they want their children in an because there are no alternatives available to informal or a formal environment. If parents them. They make this choice because it is the are looking for a highly regulated environment only opportunity for many of them to enter the with qualified staff and with a great deal of work force and it is the only available child regulation about the available programs and care. Families increasingly are able to make physical environment, then they need to these sorts of choices because choose centre-based care. This Bill does Commonwealth assistance through the child- nothing to change that. If they are looking for care rebate and now the child-care benefit a less formal environment then this legislation system makes financial assistance available to attempts to make sure that that provides a families who make this choice. minimum level of standardised care. I turn briefly to some of the comments People have asked questions this made by some of the speakers. The member afternoon about the size and nature of this for Indooroopilly made the point, as did other unregulated sector. Because it is unregulated speakers, about the distinction between it is very difficult to be accurate about that, but different models of providing for standards in in Queensland there are 8,000 people this industry. There are a number of models registered with the Commonwealth operating around Australia. They fall Government as care providers. That does not predominantly into two camps. One is highly mean that they are all exercising their right to licensed and is a system where all carers have provide care at this time; it is simply that they to seek a licence from Government. That are registered to do so. Over 3,000 of those, system operates in some States but the however, have indicated that they are caring majority of States and Territories in Australia— for children outside the child's own home. So Victoria, the ACT, the Northern Territory and there are potentially 3,000 people around the South Australia—operate on a complaint- State offering this sort of care and obviously based system, as is being proposed here. many of them would be caring for more than one child. A complaint-based system, in my view, provides a cost-effective means of policing this So it is not good enough, in my view and industry, a situation that is cost effective not the view of this Government, for this sort of only to the State but also for care providers. I care to remain outside any system of take up the member for Barambah's point; this regulation and free of any standards. However, Government also believes that children require standards that are put in place must be significant financial investment. It is not just comparable with those that exist as a about making this cheap for the State; it is minimum in other forms of child care. The about ensuring that it is cost effective for number of children that one person may care people who seek to provide this form of care. for in a home-based environment that is A licensing system requires that people pay for accepted and recognised nationally is seven. the licence and meet very, very restrictive That is the national standard for family day standards of care. I thought that we needed to care. But family day care schemes, as all find a balance and I think we have with this members would know, provide a much higher Bill. It also, as I said, provides a balance level of support and monitoring to care between private and public interests and it providers in their schemes. That is why, when provides the possibility for the retention of drafting this Bill, we felt that it was important to informal, home-based arrangements within have a slightly lower number to ensure the reason. safety of children. It is not the intention of this Bill to turn the The Bill before the House in my view private homes of individuals and families into attempts to find, and succeeds in finding, the child-care centres. It is not the intention of this 3326 Child Care Amendment Bill 3 Oct 2000 legislation to turn homes into centres. The years is for child care and to provide for greater member for Indooroopilly was very confused flexibility and choice in child care. Within that about that, referring throughout his speech to $65m, there is an unspecified amount yet to centres. We are not talking about centres; we be determined to be allocated to rural and are talking about people's homes. remote child care. Of that $65m nationally over Many Acts of this Parliament operate on a four years, Queensland will be entitled to complaints basis. Indeed, the Child Protection about 18%. So if that percentage is taken over Act, for example, operates on a complaints four years, it is $16m a year. Queensland's basis. There is no suggestion that we should share of that is $2.9m in total for the State on have an army of officers going out knocking on an annual basis. The rural and remote the doors of families, and nor would it be a component of that is yet to be specified. That cost-effective way of ensuring the safety of compares to an average of $6m that this children. Government spends every year on infrastructure in child-care services right across The question of how to best meet the the State, whether they are in remote, rural or needs of rural and remote Queensland is one urban and regional areas. So as I said, I would that has exercised the minds of many caution the member for Indooroopilly and any speakers. It is not an easy one to address, but other member of the House from having any can I say that I think you know when you have expectation that the Commonwealth dollars will a situation on your hands where you have a amount to very much at all anywhere in significant problem. In common with all Queensland, let alone in rural and remote members of this House, I have received a Queensland where, as we know, the cost of number of letters from some child-care providing services is often higher. services and operators throughout the State. In relation to the ability of services in rural One very large source of those has been one and regional Queensland to meet the needs operator in Cairns, to which I will come back. and demands of families, I think it is important There have been a number from the town of to recognise the achievements of the Gayndah, and I will come to Gayndah in more Commonwealth/State child-care agreement, detail very soon. There have been a total of which has been supported actively by both about 30 letters into my office: 11 of those levels of Government and both sides of politics have come from Gayndah; 10 have come for 10 years in Queensland. It has meant that from the Cairns service; and the other 10 have many, many parts of regional and remote come from nine other locations, eight of which Queensland now have some level of service, are in regional or urban Queensland. So I do either a centre-based or a more flexible kind of not think that it is fair to indicate that this Bill is service, that 10 years ago they just would not causing havoc and alarm across rural and have had. I think that is borne out by the fact remote Queensland, which is not to deny that that I do not have an avalanche of concerns in at least one case, and that is Gayndah, it is and complaints from rural and remote causing some concern. As I said, I will come Queensland. back to Gayndah. If the nationally recognised standard for The member for Indooroopilly said that he child/adult ratios in family day care is was not suggesting different standards of care seven—and I repeat that it is a national between rural and other parts of Queensland standard; it operates in every State; it operates but, in fact, that is precisely what he is in remote and rural parts of New South Wales, proposing. The amendment that he will move South Australia, Western Australia and later proposes precisely that there should be Queensland—why should it be any different for an opportunity for different standards bush kids in Queensland? I have thought long depending on people's geographic location. and hard about this, but I cannot find a While I endorse his motivation, I will not be rationale that says that it is easier or somehow able to support the amendment, and I will safer to look after large numbers of kids in a debate it further this afternoon. rural house than it is in a house in a regional The member for Indooroopilly referred urban area. briefly to the Commonwealth's recent I will address briefly some of the other announcement of a $240m package to assist questions that the member for Indooroopilly families. I would like to let the member for raised. First of all, he raised the question about Indooroopilly and other members of the House the name—whether it should be called non- know, lest they be holding their breath for any registered. I understand the concerns that real outcomes, what the breakdown of the have given rise to this sort of proposal, and the $240m means for Queensland. It is $240m member for Lytton probably raised them as over four years. Only $65m of that over four well in relation to the concerns of family day 3 Oct 2000 Child Care Amendment Bill 3327 care providers. Ultimately, when we looked at deal of concern about whether or not the what we would call this form of care, it was the department currently has the number of front- view that to use the word "registered" or line child protection workers that it needs to "unregistered" would be confusing because it administer the Child Protection Act, that is a is the term that is used when a care provider completely different matter from child-care signs on with the Commonwealth when they resource officers, who are located in area and provide their tax file number to be a registered regional offices. Those child-care officers deal care provider with the Commonwealth through specifically with child care and regulating the the child-care benefit scheme. So while they child-care industry. There is no concern about are not registered in a State sense, they are, the level of staffing in that area. in fact, registering under the Commonwealth While we do not regulate that part of the scheme and they regard themselves as having sector at the moment, I should also reassure registered to do so. the House that, if complaints are received, I accept that there will be some level of currently we investigate those complaints to confusion and there may well be unscrupulous the extent of our powers. That is, officers go operators who will try to exploit that. That is out and talk to the care providers where precisely why the Bill contains penalties for possible, they talk to the parents using the people who misrepresent themselves or their service and in some cases they are able to service. There will be an advertising campaign convince care providers to change what they and an education campaign that will inform are doing—to perhaps put more safeguards in families and parents about this sort of care place or to lower the numbers. But if those and what it means to be a licensed child-care care providers refuse, then there are no centre as opposed to an independent home- legislative teeth for them to actually use. So it based care provider. Information sheets that is possible that workloads may, in fact, will be available for parents across the State decrease because with the legislative teeth it will state clearly that this kind of care is not may not take quite the lengthy negotiation that licensed by the State Government. it takes currently. Obviously, there may well be The need for a regulation-making power is an increase in the number of complaints something I support, and I thank the member immediately upon the proclamation of the Act for Indooroopilly for drawing it to my and the but that will be monitored and, as I said, I am House's attention. We probably have a very confident that the current staffing difference of opinion about how to achieve it, resources of the department will be able to but it is something that we can debate further meet the demand. in the Committee stage. In terms of the In relation to the letters that the member question of complaints and the resources that for Indooroopilly and other members read out, that might require from the departmental particularly in relation to the situation at officers, first of all can I say that it is very Gayndah, can I say that I have read all of difficult for us to be absolutely accurate about those letters and I have given them the number of complaints that are received, considerable thought. I think that it is important because they are received by officers working to recognise that this legislation, like all in area offices of the department. As it is not a legislation, will involve change for some form of care that is currently regulated by the people, not only the people in Gayndah. There Act or the department, there is no central are other operators in regional, rural and urban database on which those complaints are parts of the State who will have to make some registered. However, I can say that on a rough changes to their operation. It will mean some estimate and anecdotally from the area offices difficulty and inconvenience to families. I there are about six complaints per region understand and sympathise with that. I do not across the 12 regions of the department on an treat it lightly and I have given it a great deal of annual basis. Can I say to the member for thought. But it is the job of this Parliament and Barambah that the Courier-Mail figures that us as parliamentarians to make difficult she quoted are not relevant here, because decisions. As I have said earlier, I exercised they were complaints that are registered with my mind long and hard about how we might the department about forms of care that we somehow provide for a different standard licence or currently regulate. So those figures simply on the basis of geographic location. I would not have included those complaints that do not believe that is the way to address the are received. problem that is experienced by the people of In terms of staffing, can I say first of all Gayndah. that the member for Indooroopilly has My view is that the way to address the confused the different kinds of staff in the problem that they are experiencing—and I department. While there has been a great accept that the reason they have a high level 3328 Child Care Amendment Bill 3 Oct 2000 of informal care has been a lack of alternatives The member for Indooroopilly claimed to date—is to provide them with the resources that he is getting letters from people in other that they need to meet these regulations. To towns. I assure him that I am not. He might that end, there have been discussions well be going to some towns and creating between the Commonwealth and the State mischief, but I would be prepared to guarantee about providing a greater number of family day that the people he is not talking to in those care places. As recently as this morning, I towns are the family day care providers, who confirmed with Federal Minister Larry have worked within the system for a very long Anthony's office that he has had a time and have applauded this Government's recommendation made to him about attempts to regulate. increasing the number of family day care Mr Beanland interjected. places in Gayndah by 10 and that he is giving active consideration to that. He has only just Ms BLIGH: If they have serious concerns received it, but I would be very hopeful. It is about this legislation, I suggest the member possible that the current providers of the tell them to write to the Minister. They have not service to some of the parents that the done so. I have a commitment to working with member for Callide, for example, was speaking those communities who are experiencing about could become family day care providers problems in having their needs met. and meet those requirements. The member for Archerfield sought an In the nearby town of Mundubbera there assurance that parental information will be is a limited hours care service, which I available to ensure that they are able to make understand has been very successful because good-quality decisions between informal and it has the capacity to be flexible to meet the formal-based situations, and I can assure her needs of seasonal workers, which is something of that. In relation to the member for Caboolture, I recognise the support that the that is particularly relevant in that area. As I City Country Alliance has given to this Bill and I understand it, in the past month or so ask that he give consideration to the debate discussions have been held with the local on the proposed amendment to exempt rural kindergarten about providing some communities. I think it is a vexed question, but infrastructure to it so that it can be extended to the interests of children in those communities a limited hours service. In Gayndah we are need to be served in the same way as do looking at expanding the range of services and those in other communities. the capacity of those providers to meet these regulations or to become family day care Unfortunately, the member for providers, as well as at providing infrastructure Thuringowa was talking about a completely for an alternative. different Bill. The member for Burdekin also spoke at some length about that proposed Bill. As I said, I gave all of the letters that I I say to both of them that there are a number received a great deal of consideration. I was of concerns that the whole sector has about surprised that a number of teachers sent the way in which certificates of endorsement letters basically saying that they were leaving have been widely abused and have served, their children in circumstances where they over 10 years now, against getting good, knew that there were between 15 and 21 qualified staff. I would not think it reasonable children and that they thought that was okay. I for any overhaul of the system to fail to do not believe that is a safe situation for address the abuse of those certificates of children in a home. Homes are not built to endorsement, but I certainly understand the cater for that many kids in safety. If we argued problems that that might mean in remote and that, because it is much harder for rural Queensland. The document currently out Governments to get teachers to go to rural for discussion is about just that—discussion. I and remote places, we should increase the welcome any constructive suggestions. At the student to teacher ratio so that the teachers in moment we are working with DETIR to ensure rural towns had to teach 40 kids in their that if any qualifications are made mandatory classes, they would be the first ones to tell me they are affordable and accessible. Certainly, I the importance of safety and quality and how can give my assurances on that point, and I rural kids are just as important and should encourage both members to participate in the have the same standards as city kids. Some of public consultations. the very same teachers who would be the The member for Gladstone raised a first—and rightly so—to defend the importance number of issues that have been raised by an of student to adult ratios in classrooms are the operator in Cairns, a Ms Dianne Payne, who ones who are putting forward these proposals. operates a service called My Other Mum. This I am a little surprised by that. is a service that falls somewhere between a 3 Oct 2000 Child Care Amendment Bill 3329 fully licensed child-care centre and a service centre or some other setting. It is not a perfect run out of a private home. On her own measure, but it is a widely accepted tool to try admission, Ms Payne is providing care for 21 to set some basic standards. As I said, the children in her home. The officers of the number six was not plucked out of the air. I do department visited this facility and have not think it is an unreasonable figure. I think it indicated that it would not, at this stage, meet probably represents pretty much the many of the current regulations for centre- community standard. based care and it would have a significant way I applaud the efforts of the member for to go before it could possibly be licensed as a Barambah to sing the praises of many home- centre. It fails completely to meet the based carers, but unfortunately some of this regulations being put forward here. I suggest debate has reflected very poorly on what many that Ms Payne is going to have to think families see as the best possible choice for seriously, if she wants to operate a service for their children. Many home-based carers are 21 children, about whether she goes into the providing a quality of service that meets the licensed regulated sector. needs of families and is providing a very high Ten years ago this Parliament laid down level of care for the children they look after. what it thought were the minimum standards These care providers will have absolutely no for those caring for that number of kids. The trouble meeting the requirements of this Bill, community expects us to have some minimum and I was pleased to see someone supporting standards. I think the general community their talents. Can I say in relation to some of opinion would be that 21 children being looked the other comments of the member for after under a house is not quality care. I think Barambah that, again, I understand her we need to draw the line somewhere. I accept concerns about some of the other safety that, again, similar to the people in Gayndah, it issues, but this Bill is not about turning homes will mean some disruption to their current into centres. If people are looking for that sort circumstances, but these are the very of regulation, I encourage them to look for a circumstances where if there was an accident more formal option. I understand that is not the finger would rightly be pointed at members always available, but I do not believe that we in this Parliament who had failed in their can possibly turn people's private homes— obligation to draw the line in a reasonable place. Mr Seeney: There are no centres; that is just the point. I assure the member for Lytton that the issues he raised about public liability insurance Ms BLIGH: The member for Barambah will be taken up during the transition period. was arguing for a higher level of regulation This is something about which at the very least than is being proposed. I think this Bill strikes a we ought to be providing good-quality and reasonable balance between what happens in accurate information to care providers or people's homes and what they can afford to people who are seeking to become care do to make those homes something like a providers. We will look at doing that in the child-care centre—and I do not think anyone transition period. here would support that. Again, I turn briefly to the comments of In conclusion, the Bill represents a the member for Callide about Gayndah. I have significant step forward and a fair move which addressed some of them. The member for finds the balance between competing Callide said that setting the number at six is interests—the competing interests of the too restrictive. I would ask: if not six, how legitimate public concerns about the need to many? It becomes very difficult to know where have quality care for our children and the need to draw the line, which is why a number slightly to ensure that it is affordable and available for less than seven was chosen. Seven is the parents, families and communities. It provides nationally recognised standard for the care of departmental staff with the legal tools to stamp children in a home other than their own in a out unscrupulous operators—and we know system that is highly monitored and supported that they are out there. I commend the Bill to through family day care. If not six, how many? the House and look forward to debating the We cannot have this open ended in the amendments. legislation. I agree with the member that ratios Motion agreed to. of adults to children will not of themselves automatically guarantee quality, but it is a universally accepted standard which minimises Committee the risk of harm and ensures a minimum level of attention to the children in that care Hon. A. M. BLIGH (South Brisbane—ALP) situation, be it a school classroom, a child-care (Minister for Families, Youth and Community 3330 Child Care Amendment Bill 3 Oct 2000

Care and Minister for Disability Services) in all sorts of things. Considering the money that charge of the Bill. it puts aside for child care and the effort it puts Clauses 1 to 6, as read, agreed to. into child care in this State, I am glad to see that at least she is giving a little credit to it. Clause 7— Quite clearly, the Federal Government is Mr BEANLAND (5.20 p.m.): I move the assisting in this very important area. following amendment— The situation is that, whether it is in "At page 9, after line 32— Gayndah or some other town such as insert— Longreach—or other places, according to people to whom I speak—this amendment ' '(4) This section does not apply to the allows the Government to put in place a provision of independent home-based regulation that would exempt that particular care in an exempted area under section area for a period of time while the necessary 73EA. changes are made to that child-care 'Exemption from maximum numbers of arrangement in that particular locality. It may children receiving care be that it is required for only a very short '73EA.(1) The chief executive may, by period; it may be that it is longer. I notice that gazette notice, exempt an area stated in this legislation comes into force by way of the notice from the application of proclamation. So it is going to come into play section 73E. across the State at some time in the future. Should the legislation pass through this '(2) An area may be exempted only if the Parliament, I presume the Minister will have it chief executive reasonably considers— proclaimed in the not-too-distant future. (a) the area is rural or remote; and Consequently, there may not be sufficient time (b) the exemption is needed to meet in parts of the State to make changes, to alter community need in the area for the current arrangements. independent home-based care.'." If independent home-based carers do not This amendment relates to the main issue make alterations to child-care arrangements or to which we on this side of the Chamber there is a problem with the number of children object. It is fair to say that the main concern being cared for, then parents of those children about the legislation relates to providing the say that they will have to stay home from work, Government with an ability to provide for that they will have to give up their jobs—and certain parts of the State to be exempted from this has been described in letters that we have time to time, and those parts of the State are received from people in such places. However, in rural or remote communities. They are not it is not just a matter of them giving up a job. mandatory; this amendment gives the Of course, many of them provide professional Government of the day the discretion. I services that would not otherwise be available mention that because, listening to the way the in that particular centre, town or locality. So it Minister was speaking a little while ago, one will have a multiplier effect. could have been forgiven for thinking this was The Minister can hold out and not accept some mandatory requirement on the this amendment, but at the end of the day Government. It is far from it. that will mean that the Government cannot go I think it is fair to say that this legislation around claiming that it is going to make sets up a framework. The Minister can call allowances for the bush or that it is going to them "standards". I think it sets up a make special arrangements for country areas framework or requirement; it does not really set where there is a need for that. I am not asking up a range of standards for independent the Minister to exempt all rural and remote home-based care. At the same time, I think communities; the amendment allows the that it is a little unfair for the Minister to say Government the discretion to proclaim a that we are providing lower standards for regulation for a period of time wherever that people in rural or remote communities. We are necessity exists. trying to overcome a problem that they I still do not know why she will not accept encounter from time to time. the amendment. She is trying to toss it around The Minister indicated that she has been and say, "We will not exempt rural and remote in touch with the Federal Government—the communities", as though she would be same, much maligned Federal Government exempting the whole lot across Queensland in that we hear so much about from this State one go—bingo, end of story. That is not the Labor Government. Its members love to attack way the amendment reads at all. It allows for the Federal Government; they abuse it about areas to be exempted only if the chief 3 Oct 2000 Child Care Amendment Bill 3331 executive reasonably considers that the area is adult/child ratio and the need to have a rural and remote and that an exemption is standard limit, be it six, seven or whatever. The required to meet the community need in the problem that we have in rural communities area for independent or home-based care. My generally and in Gayndah specifically is that own indications are that there is a problem the number of people in the child-care industry which may or may not be rectified. It may be and the number of choices available to people that, because of its requirements, family day who are seeking child care do not readily allow care does not rectify the problems. It may be that type of cut-off point to be as rigidly applied that further work is needed to be done to as it can be in a bigger area where there are provide that independent home-based care, so many more options. If a centre in a large which may not be immediately forthcoming, area has already reached the limit of six whether it is at Gayndah or somewhere else. children or if people cannot get into one child- This amendment is designed to provide that care centre or another one, they have so flexibility—nothing more, nothing less—within many different choices. In smaller communities the framework of the legislation so that in people do not have those choices. They really these particular places people will be able to have to deal with the situation that exists in cater for their needs so that they can continue that particular centre. in their jobs. In the particular case of Gayndah that we I made the Opposition amendments have discussed so much this afternoon, there available to the Minister over a month ago so are no child-care centres. The point that the that the Government could give proper Minister made repeatedly about not wanting to consideration to them. I believe in all sincerity turn private homes into child-care centres is that these are important issues for people in probably relevant here in Brisbane and in rural or remote areas. I do not believe for the places where the choice exists for parents to moment that we are talking about a large put their children into child-care centres, but number of people or centres, but there are that choice simply does not exist in Gayndah. certainly a number of them. This amendment It does not exist and there is no probability that was designed to try to overcome situations it will exist. that may occur in some localities. I am very I listened with interest to what the Minister disappointed that the Government is not said about her discussions with the Federal prepared to accept the amendment in the way Government. There is no real probability that in which it was intended. the Federal Government, the State Mr SEENEY: I rise to support the Government or any private operator is going to amendment that has been moved by the fund the construction of a child-care centre in shadow Minister and member for Indooroopilly. Gayndah in the immediate future. It is worse In so doing, I take the opportunity to respond than ridiculous to stand up here and say that to some of the inane stupidities that were part the facilities available in Mundubbera can be of the address to this Chamber earlier by the used by those who live in Gayndah. member for Chermside. He obviously Ms Bligh: I didn't say that. misconstrued the intent of what it is that this particular amendment tries to do in that it Mr SEENEY: That is what the Minister seeks to recognise that particular situations implied. exist. To take that argument to the extreme in Ms Bligh: I said that it works in the way that the member for Chermside did Mundubbera, so it can work in Gayndah. was, quite frankly, insulting to the people who Mr SEENEY: That was the implication I are involved in the child-care industry in lots of took from the Minister's comments. I agree places in rural and regional Queensland, but it with the Minister that it can work in Gayndah. was particularly insulting to the people whom I The community of Gayndah would welcome represent and whose situation I am trying to the same facilities that exist in Mundubbera bring to the attention of this Assembly. While and the same facilities that exist in Biloela. the accepted norms of this Chamber do not However, at the moment they do not exist in allow me to seek a withdrawal on their behalf, I that community and they are not likely to be take this opportunity to place on record my provided in the immediate future. This means disgust on their behalf and my disappointment that a private home is undoubtedly providing that those people were so insulted in this the services that would normally be provided Parliament. by a child-care centre. That situation exists I now turn directly to the amendment. I simply because there are no alternatives. That say to the Minister quite genuinely that I do situation has developed to meet a need in that not disagree with a lot of the things that she community. That situation has developed said in her summing-up regarding the because Governments collectively have not 3332 Child Care Amendment Bill 3 Oct 2000 been able to provide a child-care centre in that child-care centre in Gayndah. Until that time, I community. The point that the Minister made believe the amendment moved by the about adult to children ratios can quite easily member for Indooroopilly gives that community apply to the situation to which I refer. I know the flexibility to allow a situation to continue that there are two adults present all the time. until a better one can be established. There is There are quite often three adults present. no argument from me or the people in Quite often that situation operates with a child Gayndah that a proper child-care centre would to adult ratio that would be six or thereabouts. be a step forward. However, until such time as In that case, it does act as a child-care centre. that can be provided, why force the families of The point I tried to make and the point so that community into a backward step? misconstrued by the member for Chermside This amendment suggests that this was that, if that facility was closed down by the legislation should have the flexibility for the passage of this legislation, those children Minister, whoever the Minister is, to look at the would be placed in a much lesser situation. particular circumstances in a particular situation Those children would be placed at greater risk, and say, "It's better for the kids involved and however not by the Minister's intention. I it's better for the families involved that this accept that. That is not the intention of the situation continue." I do not believe that the legislation, but that is the reality. If those 15 or Minister would support the narrow-minded 20 children who use that facility suddenly have stupidity that the member for Chermside to find other carers, applying the family day sprouted in his response to my arguments in care limit of seven means that that community this Chamber. I do not believe that any will have to find another three, four or five Minister of the Crown would support that sort carers. Perhaps those three, four or five carers of nonsense. However, this amendment is a will be new to the business, new to the game. serious attempt to address a very real They will not be known by the parents of the situation. children. Given the process of becoming a Let us build a child-care centre in family day carer, they could quite easily be Gayndah. Let the Minister and I support strangers in town yet suddenly be registered building a child-care centre in Gayndah. Until as family day carers. They may become the such time as that service is available to the only option for some families and children. In people of Gayndah and until such time as that that situation, the children are much more at choice is available to the people of Gayndah, risk than they are in the situation that has let us allow them to continue to provide child- existed in that community for 16 years. care services which are a right for that That is the point the member for community, which have served that community Chermside so misconstrued in his ignorance. for 16 years and which have protected the kids That is the point I have tried to get across to of that community and provided them with the this Parliament today. That is the point I want care that they need and deserve. Let us not the Minister to recognise. It is absurd to arbitrarily apply cut-off limits. Let us not suggest that by stringently applying a standard arbitrarily apply rules that are going to be a of six children per adult carer somehow backward step, and there is no denying that. guarantees that those children are being Time expired. better cared for. I accept that that arbitrary level has to be applied. However, there also Mrs LIZ CUNNINGHAM: In rising to has to be enough flexibility to take account of support this amendment, I acknowledge the certain situations. I am sure that the Minister Minister's earlier comments that, in her would agree that it would be absurd to apply opinion, there does not need to be a dual that arbitrary level without any thought or any standard—one for city-based independent consideration of the consequences in any care providers and one for regional and particular situation. I am sure that no sensible remote providers. I understand where the administrator, be it at a political level or within Minister is coming from as far as double the department, would advocate applying that standards and class sizes are concerned. The sort of cut-off level without taking into difference in circumstances is that in very small consideration the particular circumstances and towns there would not be the number of the particular consequences of bringing to an children to support two independent care end a caring situation that has existed for provider facilities. There may not be 12 many years. children; there might only be seven. That just I believe that the legislation has to be tips it over the limit of six. applied at a local level. I would be the first to The other reason I rise to express support support any effort that the Minister or her for this amendment is that I believe the Federal counterpart might make to establish a grounds for an exemption for special purposes 3 Oct 2000 Child Care Amendment Bill 3333 to be considered has been carefully thought mean for a small group of people in some out. The first is that it has to be a rural or parts of Queensland that they will have to remote area. It is not "or"; it is "and the change their child-care arrangements. I have exemption is needed to meet community sympathy with them. I have had to change my need". That is not an easy test to pass. It is child-care arrangements for reasons out of my not designed for places which have a control, just as many other families and significant population and could easily have parents have. They have my sympathy, but enough young children to support more than this is a decision we have to make. This is a one or two independent child-care homes. responsibility of the members of this However, it is intended to cover those Parliament. situations which will arise where very small I do not think this number is arbitrary. The communities are just above the arbitrary limit, member for Callide repeatedly said that we and I agree with the Minister that that needs to have picked some arbitrary figure out of the be there. This will allow her and her air. This is the nationally recognised standard. department the flexibility to be able to It is good enough for kids in the remote and accommodate those one or two remote areas rural parts of every other State. It is good where the numbers will just exceed the limit of enough for the kids of Queensland. This has six but not be sufficient to start a second been the national standard for as long as independent care provider facility. On that family day care has existed. basis, I support the amendment. There is no doubt that one of the features Ms BLIGH: I was interested to hear the of the law is that all should be equal before it, member for Gladstone describe this and it is the responsibility of our citizens to find amendment as carefully thought out because, ways to operate within the law. The member frankly, I think it is one of the more sloppy for Callide is trying to have it both ways. He amendments that the member for tells the Parliament that the services in Indooroopilly has dished up in this Chamber. Gayndah are operating on the basis of more Let us look at what those opposite are asking than one adult to 15 children so that the ratio us to support. First of all, the Bill will set what is roughly six or seven. If there are that many this Parliament believes to be the standard for care providers in Gayndah, I do not see how care of children in people's houses. This they cannot operate within the law. I cannot clause gives the chief executive officer—not see why they cannot operate out of another the Minister, not through a regulation—the house or out of the home of the children. right without any scrutiny by this Parliament to make a decision to change the standard that Our information is that there are three this Parliament has decided is the appropriate informal care services providing services for up level of care. to 15 children under school age. I do not think that is the community accepted standard. I am This amendment asks us to abdicate our not going to vote to endorse a situation where responsibility as members of Parliament to a a CEO of a department can exempt areas on chief executive officer on two grounds. The first grounds that are unspecified in this ground is if, in the view of the chief executive amendment. officer, the area constitutes one that is rural or remote. What is the definition of "rural"? What To take up the point of the member for is the definition of "remote"? Who decides? I Gladstone, this amendment does not even ask the member for Indooroopilly: would it say that a service provider can care for one include Cairns, for example? more child. It does not say that a service provider can, if the circumstances warrant it, Mr Beanland: No. have two more. They can be entirely Ms BLIGH: The member for Indooroopilly exempted from the provision, which means says that it does not include Cairns. I ask the that they can continue to have 15 or 20 kids in member for Cairns: do the people of Cairns their care. That is exactly the circumstance that think they are remote? Do the people on the this legislation seeks to prevent. Atherton Tableland think they are in a rural I understand that some communities will area? Who makes the decision about whether struggle to meet this standard. We have an an area is rural or remote? The amendment obligation to work with those communities. If then states that an exemption is needed to the member for Callide really cared about this meet community need in the area. What is issue, he would get onto Larry Anthony's office "the area"? Who decides what the need is? tonight and make sure he approves the extra By accepting this amendment we are family day care services. abdicating our responsibility to make a tough I can also assure the Chamber that we will decision. Yes, this is a hard decision. It will continue to work with parents and families in 3334 Child Care Amendment Bill 3 Oct 2000 that area, as we have been. Some of them I am very disappointed, because this are telling us that they are concerned about amendment simply states that the the numbers and that if there were more family Government of the day, through the chief day care places they would be using them. I executive officer, can decide if there are parts take up the member's offer to work together to of Queensland that need to be exempted from get better child-care facilities and services for this legislation because of the situation with members of that community, but this is not the regard to numbers. It does not say that the way to achieve it. I can tell the member that whole of the rural and remote parts of this amendment will not be supported by the Queensland should be exempted. It would be Government. applied to certain areas from time to time. If Mr BEANLAND: Now the Minister is the situation in Gayndah were rectified in the getting a little cranky about this amendment. foreseeable future with the Commonwealth We see that the Minister is very cranky, in fact, Government it may not need to be exempted, as she struts around the Chamber and shows as I have already indicated. It may be fixed up her crankiness as she goes. Perhaps she and it may not be. Simply looking at family day should go and have a cold shower. If the care arrangements may not rectify the problem Minister is serious in her assertion that this that exists at Gayndah. There are other amendment is so sloppy, why has she not problems at Longreach. I am not sure what it come up with her own? She has come up with will take to fix those problems. I understand her own amendment in relation to the next there could be some problems at Charleville clause, a clause to which I propose an and in other centres in Queensland. amendment also. She did not like that This is not a sloppily worded amendment. amendment, so she has come up with her A lot of effort has gone in to trying to come up own. with a reasonable proposition that will allow the Government, where the circumstances warrant The Minister does not want to accept this it, to exempt an area from these provisions. I amendment or anything like it. That is the think the amendment spells that out quite bottom line. The Minister should cut out the clearly. It gives the Government the flexibility nonsense. The Minister indicated in her and opportunity to exempt particular areas. I speech in reply to the second-reading debate think it is a reasonable amendment. I am very that the Government would not accept this disappointed that we have seen this type of amendment, end of story. The performance— Government is not going to accommodate rural and remote communities, end of story. Mr Slack: Do you expect the chief That is it. The Labor Party is not interested in executive officer to go against the Minister? people in Gayndah, Longreach, Dalby, Mr BEANLAND: The member for Burnett Charleville or the rest of the bush—end of said, "Do you think the chief executive is going story. to go against the wishes of the Minister?" We know that would not be the case. That is why it Ms BLIGH: Mr Temporary Chairman, I rise is worded to give the Minister and the to a point of order. I find those comments Government of the day an opportunity to untrue and offensive. This Government has decide exactly what they want to do in this done more for the child-care services of rural regard. Chief executive officers deal with a and remote Queensland than has any other whole range of these issues on behalf of the Government. I ask for those comments to be Government. There is nothing new about this withdrawn. type of amendment. I am disappointed that The TEMPORARY CHAIRMAN (Mr the Minister is not prepared to accept the Mickel): Order! There is no point of order. That amendment. is a debating point. If the Minister takes Mr SEENEY: I, too, take this opportunity another frivolous point of order, I will warn her. to correct some of the statements made by Mr BEANLAND: As I was saying, the the Minister. I have objected to the arbitrary Minister is not concerned. By not accepting application of these standards, not the setting this amendment the Government shows that it of the standards themselves. I thought I made is not concerned about the rural and remote it clear enough that I do not have any problem parts of Queensland—end of story. That is the with child-care regulations setting standards for bottom line. No taking of points of order in this adult/child ratios. I do not think anybody does. Chamber will show otherwise. Honourable What I do have a problem with, and members know that as well as I do. So does where the negative impact of this legislation the Minister. That is why she rises to take will be seen, is the arbitrary application of frivolous points of order. those standards, without any consideration of 3 Oct 2000 Child Care Amendment Bill 3335 the effect of that application on particular should not hide behind this nonsense of circumstances. There will be a negative impact arbitrarily applied standards. What is going to in relation to a particular situation that exists in happen? With the proclamation of this a small community I represent. If this standard legislation is the Minister going to take away can be arbitrarily applied by bureaucrats who the only option that those families have before take no account of particular circumstances on the extra family day care places are the ground, of the needs of the families and of provided—before the impossible dream of a the particular needs of the children, then this child-care centre becomes a reality? legislation is a backward step by anybody's It is never going to happen. The only judgment. option those families will have is the promise of It is all very well for the Minister to come extra family day care places. I ask the Minister into this Chamber and talk about how to stand up and give us an assurance. I ask committed the Government is to improving the Minister to tell us how she is going to standards and how committed it is to exercise her responsibility. She has said that protecting children—nobody disagrees with she is not going to accept this amendment. that—but if it arbitrarily applies standards and The harsh realities of this place are that the cut-off points without consideration of the Minister has the numbers to do that. The particular circumstances and the effect of that Minister has the numbers to reject what we application, then it is kidding itself that it is consider to be a solution to the problem. I ask doing anything but mouthing motherhood the Minister to tell us her solution. statements. Out there in the real world, the Time expired. effects on people, families and kids are detrimental, despite the Minister's intentions. Question—That Mr Beanland's Despite her intentions, she is making things amendment be agreed to—put; and the worse in a whole host of situations. Committee divided— AYES, 42—Beanland, Black, Borbidge, Connor, I refer to the focus on the ratio itself. I Cooper, E. Cunningham, Dalgleish, Davidson, Elliott, believe the focus of anybody who has a Feldman, Gamin, Grice, Healy, Hobbs, Horan, genuine concern in this area should be on the Johnson, Kingston, Knuth, Laming, Lester, Lingard, choices that are available to people. What Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, choices will be available after the passage of Prenzler, Rowell, Santoro, Seeney, Sheldon, this legislation for the people I represent in that Simpson, Slack, Springborg, Stephan, Turner, small community of Gayndah? None! Veivers, Watson, Wellington. Tellers: Baumann, Hegarty Before this debate concludes I would like to hear from the Minister what she thinks will NOES, 42—Attwood, Barton, Beattie, Bligh, Boyle, Braddy, Bredhauer, Briskey, Clark, J. Cunningham, happen to those 15 kids who are being looked Edmond, Elder, Fenlon, Foley, Fouras, Hamill, after in that particular situation. It is a private Hayward, Hollis, Kaiser, Lavarch, Lucas, Mackenroth, house, but it has served the purpose of a McGrady, Miller, Mulherin, Nelson-Carr, Nuttall, child-care centre for that community. It has Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, met the needs of that community in respect of Robertson, Rose, Schwarten, Spence, Struthers, child care in the absence of a child-care Welford, Wells. Tellers: Sullivan, Purcell centre. It has effectively done that for 16 The numbers being equal, the Temporary years. Chairman (Mr Mickel) cast his vote with the With the passage and proclamation of Noes. this legislation I presume that situation will Resolved in the negative. cease. What is going to happen to those kids? Is the Minister going to make provision for Clause 7, as read, agreed to. those kids? Is the Minister going to take away Clauses 8 and 9, as read, agreed to. the only option that those people now have Insertion of new clause— before the other services are provided? Will the Minister give a guarantee to this Mr BEANLAND (5.56 p.m.): I move the Parliament that that particular service will following amendment— continue to operate? That is what this "At page 15, after line 16— amendment is all about. This amendment insert— gives the Minister the authority and the power to make those decisions. 'Amendment of s 84 (Regulations) The Minister talks about hard decisions. '10. Section 84(2)— This is the hard decision. The hard decision is insert— to take the responsibility for those kids. The '(l) any of the following matters relating Minister must make the hard decision. She to independent home-based care— 3336 Prostitution Legislation 3 Oct 2000

(i) health, hygiene or safety PROSTITUTION LEGISLATION requirements; Mrs LIZ CUNNINGHAM (Gladstone—IND) (ii) requirements about reporting, to the (6 p.m.): I move— chief executive, if a carer knows or "That this House supports reasonably suspects that a child has amendment of the Queensland been unlawfully harmed; Prostitution Act to allow local governments (iii) giving authority for emergency whose populations exceed 25,000 people treatment of a child in the case of the same right of refusal of brothel illness or injury.'.'." applications within their local government This amendment came about because I areas as currently exists for local realised that there was not a regulation-making governments with populations under power in the legislation. I think the Minister has 25,000 people." now recognised that that is the case. I will not I move this motion in response to calls by belabour the point. The Minister has now local governments for a greater say on the produced her own amendment. Perhaps the licensing of brothels for councils with a Minister could briefly tell us why my population in excess of 25,000. amendment is not acceptable. The motion in a similar form was passed Ms BLIGH: As I said in my summing-up, I at the ULGA—the Urban Local Government support the need for a regulation-making Association—conference in Mackay this year power. I thank the member for Indooroopilly for and also at the Local Government Association drawing it to my attention. It is my view that the of Queensland conference held recently here amendment as drafted by the member for in Brisbane. There was debate on the motion Indooroopilly contains a number of clauses and it was not passed unanimously, but it is which are not necessary because they are my understanding that it certainly was passed repetitive. Health and safety already with a significant majority. incorporates such things as emergency health The councils are not saying across-the- treatment. The member's amendment could board that they refuse to have brothels located run to mandatory reporting of child abuse, in their local authority areas. They are asking, which is something that is not required of any however, for the ability and the flexibility to profession other than the medical profession. I have the same right of refusal as those smaller do not think we need to be quite so specific. centres with populations under 25,000 have. The clause I have drafted gives the regulation- Councils have raised a number of concerns making power under the broad heading of not only with individual members of Parliament health and safety, which I think incorporates but also with the Minister and others in the member's concerns. Government with regard to the Prostitution Act. Amendment negatived. Councils fundamentally want to have their say. Ms BLIGH: I move the following They have concerns about the provisions in amendment— the Act and the regulations regarding the location criteria for brothels. They say that "At page 15, after line 16— there are problems with the way the distance is insert— measured—200 metres by road—and the 'Amendment of s 84 (Regulations) possible implication that a brothel could be located over the back fence of a residential '10. Section 84(2)— dwelling. insert— One of the other criteria for location is that '(l) health or safety requirements relating it must be in an industrial area. I think many of to independent home-based care.'.'." us here, maybe not all but many of us, have This amendment will have the effect centres in our electorates where a light which I have just explained in relation to a industrial zone is adjacent to a residential regulation-making power. zone. It may not be perfect planning, but the reality is that over the years there are planning Amendment agreed to. issues in local authority areas that are less Schedule, as read, agreed to. than ideal. Bill reported, with an amendment. In my electorate there is a light industrial area and there are houses amongst the light industry and so it is quite feasible that a Third Reading brothel could be located in close proximity to a Bill, on motion of Ms Bligh, by leave, read residential home, although still 200 metres by a third time. the shortest possible road route. 3 Oct 2000 Prostitution Legislation 3337

There are other councils that clearly are In this climate in which local authorities opposed to brothels. When the Bill passed are given greater autonomy, I can remember through this Chamber the debate was very when Tom Burns was the Local Government emotive. That was plainly evident. There are Minister his saying, "It is okay for local councils those on both sides of the Chamber who, I to make their own decisions. I am quite happy believe, hold very strong personal views about for them to have that autonomy, so long as the legalisation of brothels in our communities. when the decision is made they carry the can." There are those in the councils who hold just What is happening at the moment with as strong a view and they are asking, through the prostitution legislation—and it has their conferences and through members of happened in my own electorate—is that where Parliament individually, for the opportunity to a community exceeds 25,000 people and exercise that personal point of view. There are some members of the community who object residents in the community who hold very to the proposal of a brothel approach the strong views on the appropriateness of council, the council simply says, "We cannot brothels being located in close proximity to do anything about it. The State Government residential areas. There would be some has kept us out of the approval loop." There councils that would have difficulties perhaps are some town planning issues that the council because the staff member charged with the must deal with but they do not have the oversight of brothels—possibly the fundamental right to say that, "Our community environmental health officer—may themselves as a whole objects to brothels and does not hold very strong views as far as the want a brothel in its area in any way, shape or appropriateness of brothels in a community is form." concerned. Councils may feel so strongly that they believe it is inappropriate for a council Some of the regulations of the officer to set foot in a brothel under any Prostitution Act indicate the sorts of concerns circumstances, and yet under the role that has that local authorities might raise, but the major been conferred on councils these officers of objection to this resolution I believe will be that necessity in certain instances will be required the Labor Government, which finalised the to enter brothels to ensure that they are prostitution review, made a policy decision to complying with the regulations. allow brothels in Queensland. It has been relayed to me that it feels that if a large The Urban Local Government Association number of councils refuse brothels, that refusal motion stated— may undermine the Government's policy- "That the Urban Local Government making strategy. Association of Queensland lobby the I would have to say that if that is the State Government to amend section major reason for not extending the right of 64(1)(c) of the Prostitution Act 1999 to refusal to the larger communities, then that include towns with a population greater reasoning is flawed. Saving face is not a than 25,000." reason to maintain control of this particular There are some in the Urban Local decision-making process. It does not stack up. Government Association who vehemently It is an area of decision making that will affect opposed that motion. I believe that the communities. I said that at the time of the Brisbane City Council was one council that debate on the prostitution legislation. It has opposed the motion that went before the the potential to change the social structure in conferences of the both the Local Government communities and particularly those that are Association of Queensland and the Urban just over the 25,000 population threshold. Local Government Association. Local government in recent years has However, even if this motion were passed been asked to be in charge of its own destiny. tonight and the Act were modified, it would not We have been asked to minimise State preclude those councils that wish to pursue the Government interference, yet the Prostitution regulation of prostitution doing just that. The Act imposes on larger towns and cities a motion is not intended to preclude the lifestyle that can significantly change its social licensing and the regulation of brothels in structure. It can significantly offend many centres with a population over 25,000. It does, members and even the majority of members however, intend to give the discretion to those of the community. I believe that the right of councils that believe that the majority of the refusal should be logically and fairly extended community in their area does not accept that a to all of those communities irrespective of their brothel and the operation of a brothel is size. appropriate for their social framework to act It is my understanding that the accordingly. Government has chosen not to divulge how 3338 Prostitution Legislation 3 Oct 2000 many applications are lodged for brothels nor we should think back to just how divided the to divulge the number of approved brothels coalition was when Russell Cooper was the and their locations. That is their prerogative. Minister for Police. He did an enormous However, the decision makers in this amount of work in preparing legislation to this instance—those of us here in Parliament—do Parliament—work that he kindly passed on to not live in every community across this State. me when I became the Minister. We built on The members of that community can very many of the concepts and the work that had directly feed back their point of view on been done already and brought the legislation brothels to their local council, and indeed they before this Parliament. So I do not think that do. I believe that it is appropriate, fair, the interjections from the member for justifiable and sustainable that local authorities Toowoomba South really have very much of all sizes be given the ability and the flexibility relevance. to oppose brothels being set up in their local A Government member: He took a dive authority area if they so choose and then to on it. be, on the basis of that decision, answerable to their communities. I commend the motion to Mr BARTON: Yes, the member took a the House. dive, just like he did in the leadership Mr TURNER (Thuringowa—IND) challenge. (6.10 p.m.): I gladly second the motion moved The Prostitution Act allows for councils of by the member for Gladstone. When the towns with populations under 25,000 to refuse Prostitution Bill was brought before the House, brothel applications. That provision was put in it generated a great deal of debate. In fact, if it the legislation for a reason. In fact, many of had been put to a conscience vote, I believe those small communities have already formally that the Bill would not have been passed. I am written to me and this afternoon I signed a still of the opinion that we will rue the day that number of replies back to the councils of those this Government put this legislation in place. small towns agreeing with their decision that The repercussions of the Bill were not they would not consider brothel applications in properly considered and the Bill was rushed their local authority. through, ignoring the warnings given by However, it is time for the remainder of numerous members during their speeches. I Queensland's local authorities to actually stand am sure that over time more amendments will up and make the hard decision on this issue. prove necessary. I have to agree with the This legislation was subject to as wide a range member for Gladstone, Liz Cunningham, that of community consultation as any legislation all local governments, regardless of their that has been brought before this Parliament population numbers, should have the same has ever had. In fact, the Local Government right of refusal of brothels in their local Association of Queensland agreed and government areas. I failed to see the supported the legislation. That is the indication reasoning behind the inclusion of this clause that they gave us at the time the consultation when the Bill was debated and I still cannot. was taking place. It is time that their member Every member of this House should councils accepted the outcome and got on support this amendment in fairness to all with their responsibilities. They certainly said to members of the community. I support the us, "Look, we want you to make the tough amendment. decisions but we don't want you to make all of the planning decisions. Planning is for us as Hon. T. A. BARTON (Waterford—ALP) local authorities and we want those planning (Minister for Police and Corrective Services) decisions." (6.11 p.m.): I am overwhelmed by the strength of the argument put, particularly by the Notwithstanding that, we put a number of seconder of the motion, but I must say that it restrictions on the normal planning decisions is time— for businesses in local authorities so that local Mr Horan: He was sincere. authorities would have some say. For those councils with more than 25,000 residents, we Mr BARTON: The silver rabbit opposite is put restrictions on the areas in which brothels making squawking noises, but I am also could be considered: they would have to be in certainly sincere. commercial or industrial areas. In fact, we I oppose this motion. With regard to listened right up to the end. The member for prostitution legislation, the Government has Gladstone and other people from her made the tough decisions—tough decisions electorate at a Community Cabinet meeting that the coalition did not have the gumption to suggested to me very strongly that we should make when they were the Government. If we change the 100 metre rule to 200 metres. are going to talk about people being divided, Since then, a number of people have been 3 Oct 2000 Prostitution Legislation 3339 back to me saying, "200 is not enough", and good intentions of the vast majority of the several councillors from the Logan City Council members of this Chamber when it comes to in my own electorate, in a pretty nasty this issue. I do not dispute them at all. But it meeting—and it was not all one-sided in being really is a fact that we need to come up with a nasty—made it very clear to me that whether I solution, which I believe the Government has, made it 200 metres, 500 metres, 1,000 metres that addresses the fact that prostitution exists or 100 kilometres, they would not be happy and addresses it in a manner that at least, if until they saw the legislation in the bin. we accept that it exists, gives the maximum So we consulted our way through this protection to society. If we go down the path of legislation and made a number of changes. prohibition, just like there was the prohibition of We have liaised very closely with local alcohol in the United States, which gave government. Some of the councils, such as organised crime its massive hold in that the Cairns City Council, have taken a very country that they are still trying to deal with, responsible attitude with regard to this issue. If that will be the problem here as well. we were to agree with the motion moved by This legislation that was enacted last year the member for Gladstone, every council with was part of a review that was started by the a councillor who has a set religious or moral coalition Government under Russell Cooper view on the issue, or who was susceptible to and continued by the Beattie Labor lobbying by groups who have those views, Government. As the Minister indicated, as part would be trying to have his or her council of that review the Government listened to refuse all brothel applications. If that were to people in relation to the legislation and made be the case, we might as well tear up the a number of adjustments, including increasing legislation and throw it away and put our the area of exclusion from residential areas heads back in the sand, such as was done in from 100 metres to 200 metres. However, it is this State for far too long before this time that we realised that this is not an issue Government took the step of bringing in that playing politics will bring any great legislation for small brothels. advantage to the people of Queensland. We took that step on the basis of having There is no mileage in that. People might think the cleanest legislation in the country, the that there is short-term political mileage in this, toughest legislation in the country, the most but in the interests of the State there is not. transparent provisions in terms of where the It is interesting to read what a number of brothels are situated once they have been figures in the National Party have said about through all of the processes of the this issue. In the Gold Coast Bulletin of 15 April independent Prostitution Licensing Authority, 1998, Sir Robert Sparkes, a former National which is headed by the very significant retired Party President—and I think also a local judge in this State, Bill Carter. We have the government chair, or certainly a councillor of toughest prostitution laws in the nation. In fact, some standing—stated— this Government is going to continue— "People who opposed setting up Time expired. legal brothels in commercial or industrial Mr LUCAS (Lytton—ALP) (6.16 p.m.): I areas were sticking their heads in the am sure that all of us in this Chamber would sand. It is surely better to have the prefer not to have had to have legislation that practice legal and above ground rather provided for the establishment of prostitution. than illegal and underground with the The regrettable fact of life is that prostitution unfortunate criminal and health exists and it has existed for thousands and consequences. It is ironic, and a sad thousands of years, long before Queensland comment on human hypocrisy, that some was a State. It will continue to exist long after of the most vociferous critics of Queensland will cease to be a State because, prostitution are its most avid patronisers." regrettably, whilst human beings are on this In the Courier-Mail, Mr Cooper indicated planet, prostitution will exist as an unpalatable that the head in the sand approach was not fact of life. the one that we should take and that it was However, while this State does exist and, something that we needed to come to grips more particularly, while we are legislators in this with. A number of local authorities have place, we have a responsibility to deal with approached the issue sensibly. In December social evils and social problems in a fit and 1998 in the Observer, the Gladstone City appropriate manner. The debate that we have Council was reported as indicating that had on this motion thus far tonight has been prostitution is a commercial operation and the about what is the appropriate way of dealing establishment of brothels should be treated no with this issue. I do not quibble at all with the differently from other such operations. That 3340 Prostitution Legislation 3 Oct 2000 does not mean that local government says applications for brothels is the same debate "hands off" and that if someone wants to put a that has been resurrected tonight by the brothel in an industrial area they can do that member for Gladstone. with no questions being asked. That is not the I honestly feel sorry for the member for case. Normal town planning principles apply. Waterford, the Minister for Police and Those principles will have to be assessed in Corrective Services, because he thought he the case of someone making an application. I was on a winner with this legislation, but it has presume they would look at the sorts of issues come back to bite him in a big way. Every that councils normally look at in relation to any corner of the sex industry, community groups development application, and that might and churches, even the previous Police include undesirable traffic flows. Similarly, Commissioner, local government and even when someone applies for a hotel licence, members of his Government spoke against residents often express concerns about traffic and criticised the then Prostitution Bill and now or congregation issues. Those are issues that Prostitution Act. Saying that he should not be are able to be assessed if local governments listening to God-fearing people is not the right are allowed to assess applications on their thing to be saying in this place. merits. That is what this legislation allows them to do. But it does not allow local government Now that local governments know and to say, "We're not going to have it at all." understand the greater will of their constituency, they are very reluctant to pass Interestingly, Greg Hallam, the Executive any application for a boutique brothel licence. Director of the LGA, said in the Cairns Post in They have recognised the inherent dangers for 1998 that the association's executive, their shires in passing such applications. And representing 17 councils throughout the State, perhaps they realise the inherent dangers to unanimously believed that the establishment their positions in local government should they of boutique brothels employing up to 10 approve those licences. people in commercial and light industrial areas was the most practical way of legislating for I believe the Minister sought to fracture prostitution. Also, it is important to note that the Local Government Association by the legislation will allow for a review in three separating the councils representing shires of years' time by the CJC. It is important that we 25,000 people or more from those councils can have a look at that legislation at the representing shires with fewer than 25,000 appropriate time. people. However, they showed on the Gold Coast that they would not be fractured and What do honourable members think a they are of the opinion that all councils should person not fit and proper to secure a brothel have the same right to reject the legislation licence at the moment would do if they still and have the right to refuse brothel wanted to continue to operate their brothel applications within their local government illegally? They would be lobbying a council not areas. I think that is a right that they deserve, to issue brothel licences so they could because they are the ones, as the Minister continue to operate underground and have no said, who do the planning and have to put up legitimate aboveground regulated competition. with the complaints that will be coming in. We have to look at the motives of some The Minister sought to pander to the sex people who might be seeking to continue to industry and even through the legislation operate illegal brothels. sought to absolve himself of any responsibility Time expired. for the administration and the success of Mr FELDMAN (Caboolture—CCAQ) brothel applications and washed his hands of (6.21 p.m.): If there was one thing that the process—just like Pontius Pilate—and he Queenslanders did not think was the right used the local governments as a hand towel. thing to do it was the liberalisation of the laws He was told that the legislation would not help in relation to prostitution and the formation of anyone, but he pressed on regardless. We boutique brothels. Most thinking now have a piece of worthless legislation that Queenslanders saw that amending the is harmful to the greater good of society, sitting prostitution legislation merely enabled the coiled like a snake ready to attack those who further erosion of the moral fibre and character are least able to care for themselves. of our society. This was highlighted last month I believe the Logan City Council had the at the Local Government Association right idea when it responded to the review of conference on the Gold Coast in a similar prostitution laws in Queensland, and it did not debate over the issue of prostitution and the say it any better than when it responded on anomaly surrounding councils of varying sizes page 2 of that document in subsections (c), (d) and populations. The right to deny or not deny and (f) in its list of reasons not to support the 3 Oct 2000 Prostitution Legislation 3341 legislation. In (c) and (d) it stated that it is likely I wish to take this opportunity to outline to that brothels will generally reduce property the House how Queensland's prostitution laws values, amenity and development options of are working and proving effective in the fight to adjacent properties and that planning and stamp out illegal brothels and streetwalking. development legislation and schemes are The Prostitution Enforcement Task Force was unlikely to be able to adequately address the established under this Government's social impacts and community concerns about Prostitution Act and came into effect on 1 July the location of brothels, particularly as the new this year. Since then the task force has begun Integrated Planning Act 1997 does not allow a number of investigations in relation to illegal activities to be prohibited outright. In (f) it prostitution and has been instrumental in stated— closing down a number of illegal brothels. Currently, the task force has 16 investigations "Logan is a City for families, Lifestyle in progress, including investigations into 12 and Business—Council does not consider suspected illegal brothels in south-east prostitution as an activity consistent with Queensland, north Queensland and far-north its vision and planning for the City." Queensland. Charges under the Criminal Code I totally endorse the sentiment of tonight's were laid against four people after a raid on a motion that councils, regardless of their size, suspected illegal adult entertainment venue in should have the right to refuse brothel Brisbane. The task force also has closed two applications within their local government operations suspected of illegal prostitution in areas. As the member for Gladstone said, this Brisbane, finalised proceedings against two is not to say that councils will always refuse illegal brothels in residential areas in Kingston such applications. But tonight's motion is and Clontarf under the Prostitution Act and providing a mechanism outside the IPA that begun prosecutions under the Criminal Code does give them a right of refusal should they against five people in relation to an illegal wish to exercise that right. I believe all councils brothel in Cairns. should have that right of refusal, because they Enforcing Queensland's laws against are dealing one on one with this problem as it street prostitution is a matter for the eight is coming to the fore in their areas. They will be individual police regions. Each of those regions the ones dealing with the complaints about the takes the enforcement of Queensland's activities around these places should they be prostitution laws very seriously. The set up. It should be the right of every council to Metropolitan North region reports that its react to what their people want. prostitution unit has made 447 arrests for Time expired. prostitution related offences since July 1999, representing 74% of the total number of Mr PITT (Mulgrave—ALP) (6.26 p.m.): arrests for prostitution related offences The issue of regulated prostitution is not Statewide. The unit has closed two illegal merely a moral and social issue, it is also a brothels in the region, resulting in 18 charges health issue for the worker, the clients and the being preferred. It is investigating the general community. It is also an issue of safety operations of a further three suspected for those involved in the industry. brothels in the region, along with targeting street prostitution. Unlike those opposite, the Beattie Government has faced up to its responsibilities From 31 August to 2 September 2000 the with respect to prostitution. Successive prostitution unit conducted Operation Ambush, coalition Governments in this State took the which targeted street prostitution in the ostrich approach to an important issue, Fortitude Valley division resulting in 37 charges choosing merely to deny the existence of of soliciting and three drug charges. Since brothels and hope that somehow prostitution February this year, as a direct result of the would fade away. This attitude resulted in unit's work, 230 people have been charged corruption flourishing in the industry and it with public soliciting and 13 people have been eventually led to the Fitzgerald inquiry. I have arrested for brothel related offences. religious convictions against and moral The unit liaises closely with the reservations about prostitution, but I am Prostitution Enforcement Task Force. In realistic enough to know that it will never go January this year an illegal brothel was closed away. The best we can do as a civilised and down in the Metropolitan South region. The compassionate society is develop public policy Prostitution Enforcement Task Force is which addresses key issues of individual and investigating another four suspected illegal societal health and safety. A regulated industry brothels in the region. In the North Coast has the best chance of having some success region, 10 people recently were charged with in this regard. prostitution related offences on the Sunshine 3342 Prostitution Legislation 3 Oct 2000

Coast, and one suspected illegal brothel is small. It must also reflect how the community under investigation. In the Northern region this sees itself. If a mayor and council choose to year, Townsville police, assisted by State lead their community on a particular path, it Crime Operations Command personnel, surely reflects the will of those residents who completed two major operations targeting elected the individual members to their offices. illegal prostitution. Fourteen arrests were made The residents of a community know their as a result of those investigations. Within the mayors or councillors more intimately than any South Eastern region, 37 prostitution related member of a Government, and if the mayor offences were detected and prosecuted and councillors direct the community down an between January and 19 September this year. avenue to which they object, the community Ongoing efforts are being made in respect of members will very soon let them know at the identifying illegal brothels and prostitution next local government elections. related offences, including two operations It should not be this Government's conducted on the Gold Coast this year. Within overriding desire to take that right away from the Southern region, two people have been the people when it is their own community. arrested this year in Toowoomba for Every community, every shire, every electorate participating in the provision of prostitution. is different, as is evident by the widely diverse It is obvious that Queensland's representatives who sit in this Chamber. Not all prostitution laws are working and that our large communities want their right to choose Police Service takes enforcement very taken away. They do not want their right to seriously. This Government's Prostitution Act fight for their community's wishes overridden. was not just concerned with addressing This open, accountable and community corruption and health concerns by allowing for consultative Government should not have a licensed brothels; it had as another major problem with the desire of local governments— objective the stamping out of illegal regardless of size—to make their own prostitution. Rigorous efforts are being made decisions on this particular matter. throughout Queensland to ensure that that This Government may very well believe occurs. I support the Minister and the member that legalising brothels is okay. It has in fact for Lytton, and I commend the Minister for his proved that by passing the relevant Bill with courage in refusing to sweep this issue under the help of three of its own members who the carpet. stood openly in this Chamber and voiced their Mrs PRATT (Barambah—IND) objection and opposition to the Bill but who, (6.31 p.m.): It gives me pleasure to speak in when put to the test, backed down and voted support of the motion moved by the member for it. The arguments for the legalisation of for Gladstone. Once again she has shown her brothels were put forward by many politicians, desire to have all people and all communities police officers, public health experts and even treated in a fair, equal and just manner. The some ministers of religion, but there were just inclusion of the particular clause that we are as many in those occupations who also live in debating in the original legislation defied logic the communities who argued against the at the time. At that time many mayors voiced legislation. That proves how split communities their disapproval at not being able to put to are on this particular legislation. their councils and have local government Article 6 of the UN Convention on the decide on what they believe is in the best Elimination of Discrimination Against Women, interests of their own communities— which was signed by Australia in 1981, communities they know and understand better states— than members in this House who perhaps did not even know they existed. It is with "... prostitution, even when willingly unbelievable arrogance that this Government engaged in by a prostitute, is a violation states that a town with a population of 24,999 of the Human Rights of all women. It is a can decide for itself whether or not brothels predatory, exploitative vice, which preys can be established in their community but a on the vulnerability of others with serious community of 25,001 cannot decide for social consequences." themselves. It brings to mind the Animal Farm So I must ask why it is that this Government mentality—some animals are more equal then would not support the motion of the member others, but in this case big is less capable than for Gladstone, which allows a local government small. of any size to uphold Article 6 of the UN The effects of establishing or allowing to convention. be established a facility such as a brothel will I ask this Government to accept the and must have the same impact on any motion moved by the member for Gladstone, community and its members, whether big or for to do otherwise is discriminatory. To do 3 Oct 2000 Prostitution Legislation 3343 otherwise is to infringe on the right of a local "I don't really see a problem here in government to govern its community as terms of there's not going to be a rash of directed by the people in that community. It is applications. There's not going to be the overriding of a community's will to protect boutique brothels sprouting up itself as a whole and its individuals from what everywhere; and we are very mindful of they may feel is an undesirable establishment. our community service obligations, and The establishment of a brothel may our obligations generally to the wider contravene the future direction of a local community issues, and we'll address them government, or there may be some other in a forthright way." reason the local government may deem We have to compare this responsible relevant. Surely it is every community's right to approach to the issue with that of the fight for its beliefs and it is every local nonsense spouted by some councillors on the government's right to fight for its community's Logan City Council, and I note the member for best interests. I support the motion moved by Caboolture made particular mention of one the member for Gladstone. Logan City councillor. I refer to Councillor Peter Mrs LAVARCH (Kurwongbah—ALP) Collins. Members may recall that, at the time (6.35 p.m.): I rise to oppose the motion moved the Prostitution Bill was being debated in this by the member for Gladstone, and I oppose it House, Councillor Peter Collins was out for the very simple reason that it would just scaremongering about Centrelink being make the legislation totally and utterly required to promote legal prostitution among unworkable. With all due respect to the unemployed people, which was absolute member for Gladstone—and I know that she rubbish. That is the sort of scaremongering had good intentions in moving this motion—I that comes out of that councillor's mouth. think she has failed to think through the consequences of the proposal. As was pointed Peter Collins is up to his old tricks again. out by the Minister, if we allowed councils or He has been attempting to stir up fear and local authorities with populations of over loathing over this legislation by saying that it is 25,000 the right of veto, we would end up not working and it is creating red-light districts. back in the situation we were in without the Allegations have been made about a red-light legislation. It would make the legislation totally district emerging at Underwood. If one takes a and utterly useless and worthless. As was closer look at the allegations made in the pointed out by the member for Lytton, it also Courier-Mail in September, he is referring to plays into the hands of the sleazebags who three adult sex shops and three adult are in the industry which this legislation seeks entertainment venues operating within metres to get rid of. They will have won. If we give of each other. He also alleges there was a everyone a right of veto, then there will be no brothel sited next to a physiotherapist's clinic. legalised brothels and those who are operating Firstly, in relation to adult sex shops and adult outside the law at present will have won. entertainment venues, they do not come under this legislation. The council has authority The State Government has taken the in relation to the operation of those— tough decisions and has put in place legislation to regulate the industry. By passing Mr Seeney: Businesses. the prostitution laws, the State Government Mrs LAVARCH: Yes. In relation to the has worked towards protecting the broader brothel, after the police looked into this it community from the negative impacts of the turned out that the so-called brothel was in fact prostitution industry on local communities. The a single operator who left that premises about proposal by the member for Gladstone will not 12 months ago. As members would know, protect the community as it is believed it prostitution by a single operator has been legal would. in Queensland since 1992. With regard to Some councils have taken a responsible brothel applications, Logan City has yet to approach as well. They have supported the receive one. So the Logan City Council is State Government's approach in relation to the raising purely hypothetical issues without the regulation of the prostitution industry. In legislation even being tested. There have particular, I mention Cairns Mayor, Kevin been no approved applications for the Byrne, who like his predecessor, Tom Pyne, establishment of brothels anywhere in has taken a very responsible attitude towards Queensland. I also want to point out that the the regulation of prostitution or having legislation makes clear that the Prostitution legalised brothels. His attitude is in stark Licensing Authority must reject red-light contrast to that of the member for Toowoomba districts. South. Councillor Kevin Byrne said on radio 4CA recently— Time expired. 3344 Prostitution Legislation 3 Oct 2000

Mr HORAN (Toowoomba South—NPA) The motion moved by the member for (6.40 p.m.): I support the motion moved by the Gladstone is sensible, fair and logical. Some member for Gladstone. When the Prostitution councils in Queensland believe they have a Bill was brought into this House, the moral obligation to the people in their National/Liberal coalition opposed its communities to make decisions about whether introduction very strongly. We did so on the brothels should go into their cities and where basis that we are not naive enough to suggest they should go. At the moment that right of that prostitution does not exist, as members refusal has been taken away from councils. on the other side of the House have tried to They have to accept what the State do. We know that prostitution exists. We know Government forces upon them. If they are a that currently in Queensland there is a town of 25,000 people or fewer, the legalised system of prostitution for single Government has that control over them. At the operators. When that legislation was annual conference of the Local Government introduced by the Goss Government, there Association, a motion on this issue was was a reason for it being restricted to licensed passed by 158 votes to 129. The Government single operators, that is, the strong public should take notice of that organisation. It objection was recognised in some quarters of represents the councils that are responsible at our community by people who vehemently the grassroots to the people. It should have object to the promotion, acceptability and the right to have a say. legalisation of prostitution. Those people have a right to have their side of the argument put One has only to look and see where this forward and to have their communities is all leading. On 4 September the Courier-Mail protected from what they see as wrong. projected the areas where brothels will open in Brisbane. The article stated— The system that existed in Queensland prior to prostitution licensing being brought in "The council is yet to receive a formal by the Beattie Government was a minimal application to open a brothel in Brisbane, system. It provided legalised prostitution but a but planners have held discussions with minimal amount of prostitution. The legislation potential applicants. introduced by the Beattie Government which It is understood that streets in Albion, gave us the Beattie brothels, which will rise Enoggera, Bulimba and East Brisbane around Brisbane and Queensland, virtually have been identified as possible sites." doubled the availability, the acceptability and Bulimba has become one of the nicer suburbs the legalisation of prostitution within this State. of Brisbane, with people at cafes in the main Associated with that potential doubling of street, a lovely park, a village-like atmosphere prostitution and public acceptability is all that and sports clubs. There is an industrial area goes with brothels, and that is why the adjacent to the park which is next to the river. Opposition opposed it. Hand in hand with this Under the legislation, it is an ideal site for potential doubling of prostitution in brothels. Therefore, there is the potential for Queensland is money laundering, drug- the whole nature of that suburb to be trafficking, abuse of women and all the changed. That is what this motion is about. associated criminal acts and petty criminals Councils should have the right to have a say, that go with prostitution. not have this heavy-handed decision thrust If members want to say that prostitution down from on high because the Beattie has been with us since the year dot, I say so Government wants to double the amount of has everything associated with prostitution— prostitution in this State. The councils should standover merchants, blackmail, money have the right to make these decisions. laundering and, particularly these days, drug- Time expired. trafficking. One would have to be naive to think that suddenly the Beattie brothels to be Mrs MILLER (Bundamba—ALP) introduced in Queensland are going to be run (6.46 p.m.): Prostitution will always exist, or managed by father of the year type people. whether we like it or not. Prostitution exists in One would have to be naive to think that my electorate, given the number of Queensland will have beautiful, wonderful advertisements in the local papers. I am in no brothels without the associated criminal doubt that it exists in all electorates across element that goes hand in hand with brothels. Queensland. That was why we on this side of the House Mrs Edmond: Especially in Toowoomba. opposed the legislation. We also did not move Mrs MILLER: Yes, especially in any amendments on purpose because we Toowoomba. believed that any amendments would have aided and abetted that legislation which we Prostitution is a fact of life that has been totally opposed. carried on over many thousands of years. 3 Oct 2000 Prostitution Legislation 3345

Rather than put the issue in a box and put it stamp out prostitution, whatever moral or away, this Government has dealt with religious objections one might have on the prostitution, as good Governments are elected issue. In stark terms, it is either strict to do. If prostitution is to exist in our regulation, as contained in the Prostitution Act, community, it is far better that it be regulated or corruption, as existed throughout the Bjelke- and licensed than the alternative of doing Petersen years. The legislation needs to be nothing. The Prostitution Act is needed to deal given the chance to work, not the chance to with real health issues such as sexually be changed to the degree at which it would transmitted diseases and to prevent become a Clayton's Prostitution Act. corruption. We all remember the Fitzgerald There are very strict guidelines for inquiry, yet this hypocritical Opposition establishing legal brothels in Queensland, and selectively quotes from only the Fitzgerald the sites on which they can be established are report, as evidenced by the Leader of the clearly delineated. It is clear. It is set out in Opposition this morning. We all remember the section 64 of the Prostitution Act. Every Licensing Branch, the bagmen and the constituent in the State can read it. systemic corruption that went on for years under the National Party Government. It was a I am sure that Queenslanders, given the Government that all Queenslanders were choice between prostitution control and ashamed of. It was corrupt to the core. prostitution corruption, would choose prostitution control. The tough decisions have I understand that the Beattie Labor been made by this Government and we got on Government consulted widely on the with it. Not only do we work and the Opposition Prostitution Act. The Bill was the subject of whinges; on this side of the House we also more consultation than any other piece of deliver good Government policy and good, legislation in the life of this Parliament. Moral workable legislation. I oppose the motion concerns were taken into account. Religious moved by the member for Gladstone. concerns were respected. The views of the member for Gladstone were taken on board in Mr SANTORO (Clayfield—LP) (6.49 p.m.): relation to the rule of prohibiting brothels within I think it is important to remember that when 200 metres of schools, churches, homes, the prostitution law reforms were being hospitals and places where children proposed by both the previous coalition congregate. I understand that the original Government and the Beattie Labor distance was to be 100 metres. Government, the Liberal Party offered bipartisan in-principle support to prostitution The legislation needs to be given a law reform. I think it is important to get that on chance to work. Like all legislation, at the the record. moment it is simply words on paper. No brothels have yet been approved by the In fact, it is also important to remind the Prostitution Licensing Authority. However, House rather forcefully that it was in fact the tonight's notice of motion moved by the now Opposition, the then Government, in this member for Gladstone would make the particular area of law reform, under the legislation unworkable. The legislation would, stewardship of the honourable member for in effect, be nobbled. It would allow local Crows Nest as the then Minister for Police, that governments the power to override a State started the very extensive process of Act. Local government is the creature of State consultation which made it very easy for the Government, not the other way around. honourable member for Waterford, now the Passing this motion would defeat the purpose Minister for Police, to proceed more speedily of the legislation. The legislation specifically than he otherwise would have with his so- allows for a review by the CJC after three called reforms. I think the Minister should at years. Section 16(3) of the Act states that the least have the grace to acknowledge the value Prostitution Licensing Authority must refuse a of the consultation that was initiated. brothel application if approval would lead to Mr BARTON: Mr Speaker, I rise to a point the creation of a red-light district. of order. The member is misleading the House and I find that offensive. In my contribution The debate on the Prostitution Act has tonight I did acknowledge all of the work of the already been had in this Parliament. Extensive member for Crows Nest. consultation has been conducted and the legislation passed. However, the member for Mr SPEAKER: Order! There is no point of Gladstone is unwilling to accept that order. prostitution is a real issue for the Government Mr SANTORO: What the Minister did not to regulate and control and that it has in fact acknowledge was the actual value of it. He done so. No Government can stamp out goes out there harping and carping that we did prostitution. No member of this House can not have the courage or the guts to do 3346 Adjournment 3 Oct 2000 anything. Yet at the same time, by his own ADJOURNMENT words of just a minute ago, he says that he Hon. T. M. MACKENROTH (Chatsworth— acknowledges the value of that consultation. ALP) (Leader of the House) (6.59 p.m.): I He cannot have it both ways. An election move— came on and he was one of the great beneficiaries of that consultation process. "That the House do now adjourn." We have heard a lot about the support of the Local Government Association for the Bushfires Government's legislation. As the honourable Dr PRENZLER (Lockyer—CCAQ) member for Toowoomba South said, the fact (6.59 p.m.): The electorate of Lockyer is under is that the local authorities at a recent siege. Drought plagues the whole of my conference decided to exert their own electorate, with many areas receiving less than sovereignty and decided to put to one third of the annual average rainfall to Government, the Opposition and other date. This is fast becoming one of the members of Parliament a different point of harshest and driest seasons on record. This view—that is, that councils over 25,000 should dry has come on top of what first appeared to have the ability to influence the licensing and be a good wet season at the end of last year. the location of brothels. Constituent bodies These early rains generated extensive grass can in fact change their minds and can growth, which has since turned into tinder dry overrule a local representative body such as fuels waiting to be ignited. the Local Government Association, and that is in fact what has happened. Rural firefighters throughout the electorate have been fighting many outbreaks of Local authorities want choice. That is what bushfires over the past few months. Many of this motion is all about. As the honourable these fires have been deliberately lit, but quite member for Warwick said, even that choice is a few are the result of poorly maintained greatly limited because the Government's rules electrical transmission lines. The fire at and regulations limit the powers of local Roadvale, which jeopardised approximately 30 authorities in terms of the location of brothels homes and destroyed thousands of acres of outside of the towns within a shire. Even that pasture and kilometres of fences, is thought to ability of a local authority is greatly hampered. have been started by faulty wires. This motion is not wrong. The Government has not contradicted that. I would Since then I have received many reports like to see the Minister come into the House of faults in the transmission lines that may tomorrow and make a ministerial statement have had connections with fire outbreaks. denying that, because the shires of Warwick These reports relate to the fact that many of and Stanthorpe will disagree with him. the cross-members on these power poles are in a poor state, with many suffering from Time expired. advanced dry rot. This situation causes the Question—That Mrs E. Cunningham's insulators on these poles to loosen and, when motion be agreed to—put; and the House subjected to high winds as we have been divided— experiencing lately, to come out of their AYES, 42—Beanland, Black, Borbidge, Connor, mountings, sparking electrical fires and, Cooper, E. Cunningham, Dalgleish, Davidson, Elliott, consequently, bushfires. This situation must be Feldman, Gamin, Grice, Healy, Hobbs, Horan, addressed by the Mines and Energy Johnson, Kingston, Knuth, Laming, Lester, Lingard, Department. Only this morning I directed a Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, question on notice to the relevant Minister. Prenzler, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, Springborg, Stephan, Turner, I take this opportunity to express my Veivers, Watson, Wellington. Tellers: Baumann, gratitude and the gratitude of the people in the Hegarty Lockyer electorate to those rural firefighters NOES, 42—Attwood, Barton, Beattie, Bligh, Boyle, who are even today, as we speak, at the fire Braddy, Bredhauer, Briskey, Clark, J. Cunningham, front. These firefighters are too numerous to Edmond, Elder, Fenlon, Foley, Fouras, Hamill, name, but a number do come to mind, Hayward, Kaiser, Lavarch, Lucas, Mackenroth, including group officers Rob Roe of Peak McGrady, Mickel, Miller, Mulherin, Nelson-Carr, Crossing and Paul Campbell of Laidley. Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, Spence, A number of concerns have arisen in Struthers, Welford, Wells. Tellers: Sullivan, Purcell relation to the coordination of firefighting efforts between the rural firefighters and the The numbers being equal, Mr Speaker urban brigades. This clash of responsibility at cast his vote with the Noes. the fire fronts must be worked out before a Resolved in the negative. tragedy occurs. I will bring this matter to the 3 Oct 2000 Adjournment 3347

Minister's attention. I will also raise with the here to do, which is assist people in our Premier and the Minister for Emergency community, including farmers, in time of need. Services the concerns of many of these volunteer firefighters who have had their normal income jeopardised by their work in Olympic Games rural firefighting over many weeks. Mrs MILLER (Bundamba—ALP) As I noted earlier, the Lockyer electorate (7.04 p.m.): Over the past two weeks we have is currently being subjected to one of the worst all witnessed the Olympic Games in Sydney. It droughts on record. The farmers need our was a great event and our congratulations go support. The current assistance available to to all athletes on their efforts after years of farmers in this time of need, as provided under training—whether or not they won gold, silver the drought relief assistance scheme, is simply or bronze medals. Every competitor in the not good enough. The criteria that farmers Olympics had to start somewhere. They had to have to satisfy before any assistance is given have enjoyed the encouragement of family, are absolutely ridiculous. We give billions of friends and coaches. They had to have dollars to charities and overseas aid but stamina and the will to win over many years. nothing to our struggling farmers. In Bundamba and the wider Ipswich The constant bickering between the community we are dedicated to sport and to Minister for Primary Industries and the encouraging our young people to play sport, Opposition spokesman, Marc Rowell, is of no no matter what code it may be. Last weekend, assistance to these struggling farmers. The I had the pleasure of presenting a trophy to constant point scoring on an agreement to the under 7s best and fairest player at the phase out the drought relief assistance Goodna Rugby League Club. I was scheme—something that obviously has been accompanied by Billy Bowtell and the old boys agreed to by the Labor Party and the coalition of the club. The junior players were rewarded during their respective terms in Government— with trophies for their season's efforts. Their is simply not good enough. parents, club members and old boys were cheering them on. These kids, we hope, will go If the Minister for Primary Industries thinks on to play in the senior sides. that climatic forecasting and research, counselling, farm biz programs, drought I had the pleasure of presenting the management programs and any other Ipswich Rugby League A Grade trophy convenient programs that his department may recently. In a tight game between Brothers think of to remove any obligation to provide and West End, Brothers won the game. This drought assistance to the farming community was the 90th grand final of the Ipswich Rugby will appease farmers, I suggest he thinks League and I extend my congratulations to all again. players, coaches and supporters. The simple fact is that on a farm one I attended the presentation evening of cannot cater for droughts such as we are the Ipswich Knights Soccer Club recently currently experiencing. The fact that both where numerous awards were presented to major parties are playing politics with these the teams. Once again, the Kitching family farmers is nothing short of disgusting. The played a prominent role in coaching and bureaucrats who thought up the agreement to supporting the junior soccer players. phase out all drought assistance by 2002, and The netballers at Goodna start their the politicians on both sides who have agreed teams at pre-school age with the fun-netters to this, obviously do not have a clue what it is program. They look fantastic out on court in like to live on the land and put up with the their uniforms, learning the game. Hundreds of harsh conditions of the Australian climate. We women, girls and men play at Goodna and it is must remember that these are the farmers a leader of women's sport in my electorate. I who helped build this country into what it is have presented numerous awards to our today. These farmers have been working for netball achievers and this club will continue to many years, over many generations, to bring be strongly supported by me and the Ipswich much needed foreign capital into this country. Mayor, Councillor John Nugent. These are the farmers whom the For many years, the Woogaroo Swimming economic rationalists and their political mates Club has trained swimmers, held learn-to-swim forget very quickly. Drought assistance for classes and encouraged its swimmers in farmers is necessary. However, drought competitions. I have presented most improved assistance in its current form is absolutely swimming trophies to very young children, and useless. I challenge the Government to get on to them it is their gold medal award. Judy van with the job and do what we have been put Wyck has been dedicated to the Woogaroo 3348 Adjournment 3 Oct 2000

Swimming Club over many years and her visited elderly residents in Collingwood Park, encouragement of young swimmers should be Redbank and Redbank Plains. commended. Meals on Wheels at Redbank and its School sporting competitions play an volunteers do a wonderful job and, on behalf important part in future elite sporting of our community, I would like to thank them competition. I am sure that our Rugby League for their dedication, their friendly service and players at the Kruger State School have a their commitment to their clients. They deserve great future. They were runners-up in this a gold medal community award. year's school competition and had a great Other community events that I have strategy of simply flattening the opposing strongly supported include the Queensland teams. The players, built like front-end loaders, Cancer Fund Daffodil Day fundraising event. I simply ran over the top of opposing players if accompanied Michelle Memnie at the St Ives they got in the way of the goal posts. shopping centre selling daffodils and I also Returning for a moment to the Olympic accompanied Heather Tait and Roslyn Tait at Games, I can advise honourable members the Kruger shopping centre. Our local people that we had the ROCOG Games in the heart strongly supported Daffodil Day and much of of the Bundamba electorate. The Riverview the money raised will be spent in aid of cancer Organising Committee of Olympic Games was research. organised by the Riverview State School, staff, The Beattie Labor Government is students and parents over two days prior to delivering in Bundamba. The Government is the school holidays. The opening ceremony on the way to building the Goodna community was very professional with flag bearers and centre in Evan Marginson Park. The Ipswich other ceremonial activities of students. As the City Council has called tenders to build the member for Bundamba, I was lucky enough to centre. The Goodna Community Health Centre be chosen to present the gold medals to our in Queen Street, Goodna is also taking shape Riverview athletes. Over 100 gold medals were and should be officially opened some time awarded. At both the opening and closing before Christmas. Community consultation for ceremonies we were fortunate to have visits the Collingwood Park Sports Centre is already from the Queen Mother and the Princess under way. Royal, played by Mertyl Hervey and Jill Time expired. Rodgers, the school's cleaners. Everyone in the Riverview community was delighted to be at the ROCOG Games and I would like to Motor Vehicle Noise, Mooloolaba congratulate the Riverview State School and Mr LAMING (Mooloolah—LP) (7.09 p.m.): the Riverview community for a delightful two Every electorate has its own major concern days. and I am sure that a lot of them are very The Goodna State School also held different. In Mooloolah and some of the Olympic Games celebrations which were electorates adjacent to Mooloolah one of the strongly supported by the community. biggest concerns and nuisances in the area is Unfortunately, I was unable to get to these hoons. I am talking about louts in cars. I have celebrations as Parliament was sitting on the spoken in this place previously on this matter. Friday. I was, however, with them in spirit. It is something that is causing a lot of concern in that community. I receive letters and phone Our young people and our school children calls and people talk to me about it in the should be encouraged to take up sport—any street. It has been an ongoing problem for sport. We should give them our support. We quite some time. should cheer them on. We should give them It is not only the annoyance that is trophies. We should say "Good on you!" for caused by the loud exhausts, the squealing of their efforts. And for those who make it to elite tyres, the burnouts and the doughnuts and all sport—perhaps even the Olympics—we can that sort of thing that is of concern, now the cheer them on with "Aussie, Aussie, Aussie— thumping stereos seem to have joined in the oi, oi, oi!" cacophony of noise. Their very dangerous Recently, Meals on Wheels at Redbank driving practices are disconcerting to other invited me to join them at their complex and to drivers. also go out with them on their runs. I am very It is also an annoyance to the whole grateful to Susan Boyne and Debbie, the community because one does not have to live cook, for their guidance on the importance of very close to the site of the noise to be this service in our community. I joined Les and annoyed by this—although obviously the Jill Martin on their run for the day and we people who live particularly close are the ones 3 Oct 2000 Adjournment 3349 who get the worst of it. Sometimes we wonder In the short term, perhaps a special effort who these people are, whether they are locals with a special team concentrating on the worst or visitors. I suspect that some are locals. I areas at the peak times could perhaps nip this have been told that quite a lot of them do problem in the bud. come from other areas, but that does not Mr Barton: We did that last week. matter. The problem should be addressed. Mr LAMING: That is good. I know that The worst places on the coast, to the best there are a lot of good programs that are of my knowledge, are in and around conducted from time to time. We do need to Mooloolaba, the Sunshine Motorway, the redouble our efforts and continue it on. I Nicklin Way and Alexandra Headland, but I am acknowledge that comment from the Minister. sure that the problem is not restricted to those areas. I have spoken with other members and I also understand that there is no noise they have experienced similar problems in their testing equipment owned by Queensland parts of Queensland. Transport on the Sunshine Coast. I do not know whether it has noise testing equipment in The time when this problem is worst is other parts of Queensland, but that is obviously at night and particularly at the something that obviously has to be provided to weekend. It is very annoying not only to locals make sure that Transport officers can test but also to visitors, and in a place like vehicles. If they are not compliant they should Mooloolaba—and I have received letters, seen be taken off the road. Alternative sites for letters in the newspaper and had people to take their motor cars to indulge in accommodation owner representatives talk to these activities is another suggestion that has me—it will have the effect that people will not been put forward. come back to Mooloolaba unless this problem At the end of the day, we have to have is addressed. cooperation between the State Government, I do not know why a lot of people drive in local members, the Maroochy Shire Council this manner. It seems to me like old-fashioned and the Caloundra City Council, the police, lairising and it really needs to be nipped in the Queensland Transport, rangers and the bud. We need to return the streets for the safe community. They all have to be involved. and enjoyable use of locals and visitors alike and not have them used in this way. Community Groups I recognise that there are a number of things that need to be addressed in this Mr FENLON (Greenslopes—ALP) regard. I do not think any one thing is going to (7.14 p.m.): On the first Sunday of every do it; it has to be addressed on a number of month at 2 p.m. something very special fronts. I have already written to the Police happens at the Greenslopes Red Cross hall. Minister—I am pleased that he is in the House That is when the Wurlitzer Music Club of at the moment—about giving some thought to Queensland Inc. has its regular monthly a vehicle owner onus, because sometimes meeting. That organisation was previously police officers have difficulty knowing who is known as the Wurlitzer Organ Club of actually driving the car at the time of an Queensland and it is now in its 27th year. offence. The Minister has responded to me on Originally, it met in the homes of members but that issue and I will be looking at that response moved to public hall venues as membership a bit more closely to see whether there is grew. It has now been domiciled at the Red another way that we can get this owner onus Cross hall at Greenslopes for over 10 years. in place. The principal object of the club is to be a social club for persons who are interested in Another issue that has been brought to listening to or playing the Wurlitzer organ, my attention is the modifications on some piano or other musical instrument. I had the vehicles. I think this needs to be looked at and pleasure of joining the organisation for its I will be writing to the Transport Minister to see regular monthly meeting in August and I did what regulations are in place and also whether indeed participate in the program as a guest there are strict noise level provisions in place. musician. That issue needs to be looked at, too. Obviously, and I have said this many, many Mr DEPUTY SPEAKER (Mr Fouras): What times, we need more police on the Sunshine did you play? Coast. The Police Minister is very aware of my Mr FENLON: I appreciate the question. I comments in that regard and I will keep played flute and I also played flageolet. On the making those comments because we do need flageolet I played Spanish Lady, an old Irish more police and I will be continually requesting song which is in fact a slip jig, and that was a more. great event. I would like to especially thank 3350 Adjournment 3 Oct 2000

Vera Evans, who accompanied me on piano weed-infested bush. A meeting was held on on the other pieces that I played. Vera is a site in September 1997 to gauge public great musician. She was a great performer interest. Consequently, on 16 November 1997 during the rest of the program. She also a BCC bushcare group was formed under the accompanied other special guests, including banner of, and with assistance from, the soprano Kerry Warner. Vera also played the organisation SCRUB. Work began at the Schubert Impromptu on that program and it Bapaume Road site and both sides of the was a wonderful performance. creek were planted. The organisation Other guests I would like to mention are continues to assist in that area, which will be a John Garlick, baritone, accompanied by Sue great asset to the community when it is fully Gibson who sang It's All in the Game and The planted and has grown. Cobblers' Song. After afternoon tea, Hazel Schmidt, a regular at the club, also played Numinbah Valley Environmental Education piano and Ken Jebb on keyboard combined Centre very well in their renditions of Get Me to the Church on Time, Love Will Never Grow Old Mr CONNOR (Nerang—LP) (7.19 p.m.): I and When the Saints Go Marching In. With rise to speak about the Numinbah Valley tenor Doug Kinnersley, Stella O'Sullivan on Environmental Education Centre, which I piano and also Kerry Warner it was a very visited in April this year, unfortunately to see interesting program. that their amenities block was dumping raw sewage into the Gold Coast water supply. It certainly is a fine organisation. It has a great roll-up every month and there is always Firstly, I would like to table a letter that I something different on the program. It is a hand delivered to the Honourable Dean Wells, place where anyone can come along and just the Minister for Education, on 20 April shortly have that opportunity of performing live. I was after I visited the centre. I would also like to very grateful for having my public performance table a letter from the Glossy Black Cockatoo touched up to some degree because I do not Branch of the Wilderness Society, who were get those opportunities very often. It is a great also aware of this problem and wrote to me organisation that provides a great social about it. They described the situation as gathering. Those people make a wonderful "potentially dangerous". I would like to table a contribution to the community because a lot of letter from the Minister in reply to my letter people really enjoy those Sunday afternoon confirming that he was aware of the problem concerts. and a letter from a councillor of the City of Gold Coast, who also has serious concerns, I recommend that everyone get along. It calling for urgent and prompt attention to the is close to his electorate, so I think that one matter. I also table a photo of the raw effluent Sunday the Arts Minister should come along draining down into the creek that in turn flows and join in a song with them. I extend an into the Gold Coast water supply, the Hinze invitation to him on behalf of the organisation. Dam. I also mention another very fine As I said, this is a very, very serious issue. organisation, the Ekibin Creek Bushcare I would like to explain how the situation Group, that is doing great work in my evolved. First of all, one needs to understand electorate. I had the pleasure of meeting its the facilities there. The Numinbah Valley members recently when they were doing some Environmental Education Centre is a planting in a degraded bush area. Ekibin Department of Education facility that takes up Creek is part of the Norman Creek catchment to 60 students a day on nature walks to give that exits from underground pipes under them a general indication of the environment. Bapaume Road, Holland Park, and runs It seems extremely hypocritical to have a almost parallel to Gaza Road from Bapaume facility of this type, supposedly to teach Road to the South East Freeway and the busy students about environmental safeguards and busway. It runs through Brisbane City Council the environment itself, and to be one of the and Department of Main Roads land that worst offenders in polluting it. The problem is borders Holland Park State High School land that there are only two toilets to cater for the as well. 60 students a day who visit the centre. I pay tribute to Christine Bidwell. She is Obviously, those facilities cannot handle the one of the two coordinators who used to live number of visitors. It is a very basic sewerage opposite the land. She began raising system. It is merely an evaporation trench, awareness of the site by organising some which overflows because of overuse, and the Clean Up Australia Day campaigns. Car sewage in turn flows into the Nerang water bodies, fridges and so on were pulled from the supply. 3 Oct 2000 Adjournment 3351

As I said to the Minister in my letter of 20 Sunday nights, but Sunday afternoons. It April, the trenches have a history of not would appear that, technically, the complaints functioning efficiently. The puddles of effluent are correct and that there has been a breach pond, as is shown in the photograph that I of our present legislation in relation to the tabled. I might add that this is right beside noise levels on several occasions. Therefore, where the students are supposed to be having the complaints are legally well based. their lunch. I understand that they are no However, in my view the situation should longer having their lunches at the facilities that not be managed purely as one that is in are beside this pooling effluent. accordance with the law. Behind those This is quite a serious matter that I believe complaints is a much more serious issue that the Minister should have dealt with promptly. bears on the future of Port Douglas and other As I said, I gave the Minister the benefit of the similar cities in relation to music and doubt. Over six months ago I hand delivered entertainment in city areas. The owner of the this letter to him. He assured me that he would Court House Hotel, Mr Michael Gabour, has do something about it. He has not. About 10 been there for some nine years and has been days to two weeks ago I tried to ring the managing that venue very successfully not Minister's office in relation to this matter, but I only for his family and himself but also for the was not able to get through to him. Hence I general town of Port Douglas. The Court am raising this issue tonight. House Hotel is a well-patronised venue that I became aware that this issue still had enjoys great popularity, particularly for its music not been resolved during a tour of my on Sunday afternoons. As members might electorate with the Federal member, Margaret guess from its name, the old Court House May, and the local councillor, Ted Shepherd. Hotel, the entertainment is held in the beer We were inspecting the roads in the Numinbah garden. The hotel has high ceilings and lots of area and by pure chance I suggested that we open windows. That is how it should be in the visit the centre, expecting this issue to be tropical climate of Port Douglas. On balmy resolved. We went and had a look, and the afternoons people want to sit outside and be councillor was absolutely disgusted at what he entertained. saw. Because this facility is located on State For the past nine years, thousands upon Government land, he does not have any thousands of people have enjoyed this music control over it. If it had been, he would done without complaint. In large part, that has been something about it immediately. Hence his thanks to Mr Gabour's conciliatory approach. letter, which states in part— At all times he has attempted to work with "Your urgent and prompt attention to nearby neighbours and other businesses to this matter would be greatly appreciated ensure that there is minimal disruption to any by the residents of our City." nearby activities and to cause as little nuisance as possible to others. Quite clearly, this facility is putting the health and safety of the population of the Gold Coast Currently, the complainants are serious at risk. It is pouring effluent directly into the about this issue, and I understand their point Gold Coast water supply. In summary, I gave of view. However, they are new to the situation the Minister the opportunity to resolve this and they are small in number. In the issue, and he has not resolved it. meantime, thousands of people in Port Douglas have signed a petition asking that all members of this House give recognition to the Court House Hotel, Port Douglas importance not only of concerts at the Court Ms BOYLE (Cairns—ALP) (7.24 p.m.): I House Hotel but also entertainment in general rise to bring to the attention of honourable in the centre of Port Douglas and an members of this House a problem that is acknowledgment that with that musical arising in the festive and famous town of Port entertainment comes a certain level of noise. Douglas north of Cairns. It is a problem that, if There will always be people in our society it has not occurred already in other cities who find noise offensive. Quite frankly, it is my around Queensland, it is likely to. Therefore, view that those people should not move into this matter has relevance to all of us in this city areas. Inner-city residences—as fine as House. they are—should not be sought by those who The problem that has arisen relates to want peace and quiet. Silent cities are not noise complaints made over the past several possible or even an appropriate goal. months in relation to the music emanating I believe that the challenge—and I know from the Court House Hotel in Port Douglas on that the Minister has encouraged her Sunday afternoons—not Sunday evenings or department in this regard—is not to have a 3352 Adjournment 3 Oct 2000 legalistic response to the present situation in Port Douglas but rather to have mediation. It will require mediation skills on the part of the departmental staff. I make no comment on their abilities in that regard as at this point I have no knowledge of them. However, rather than simply issuing orders or breaches, I strongly recommend mediation. I support the Minister's move in that direction. Our difficulty is that while Mr Gabour of the Court House Hotel may be willing to mediate and to seek a joint solution, we also need the complainants to be willing to participate in the mediation process. As difficulties arise more and more in our complex communities, I think that many departments will be required to seek mediation as a means of finding solutions rather than resorting to the law. In this particular instance, that is the only way of suiting the majority whilst being mindful of the needs of the few and at the same time keeping Port Douglas the truly vibrant and festive community that it is and should continue to be not only for its residents but also for the many international visitors who visit not once but repeatedly. Motion agreed to. The House adjourned at 7.29 p.m.