Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 3 MAY 1979

Electronic reproduction of original hardcopy

4524 Ministerial Statement [3 MAY 1979] Ministerial Statement

and suggestions of an attack by this Gov­ ernment on the impartiality and integrity of the State Industrial Commission. As Leader of this Government, I emphatic­ ally deny those allegations, which I believe constitute an attack on the integrity and standing of this Government, members of the Cabinet, and even the Industrial Com­ mission itself. I seek also to clarify some aspects of the matter referred to in that report, in relation to proposed amendments to the Industrial Conciliation and Arbitration Act. As I said at a Press conference and in an official Press statement yesterday, all members of the Cabinet and this Govern­ ment respect the integrity and ability of the Commission. This has always been the case, and it is on record that the Government has always abided by the decisions of the courts-not like the A.L.P. and some now-vocal sections of the trade union movement, who have abided only by those decisions which suit them. Opposition Members interjected. Mr. SPEAKER: Order! Mr. BJELKE-PETERSEN: When decisions go against them, they talk of strike action­ as the Trades and Labor Council President, Mr. Hauenschild, does even now over the Industrial Conciliation and Arbitration Act proposals, even before he is in possession of all the facts. Honourable members would be aware, of course, of criticisms of court decisions, including those of the Industrial Commission, from various quarters from time to time. There is nothing unusual or new in that. As the President of the Commission (Mr. Justice Matthews) said himself yesterday, he and the commissioners recognise the right of anybody to criticise their decisions. Mr. Wright: Are you the biased politician he is talking about? Mr. SPEAKER: Order! The honourable member for Rockhampton is warned under Standing Order 123A. Mr. BJELKE-PETERSEN: That is as it THURSDAY, 3 MAY 1979 should be, of course. And for our part, I, the Cabinet and the Government respect the commissioners' right to react to criticism and Mr. SPEAKER (Hon, J. E. H. Houghton, reply, as they have on this occasion, when Redcliffe) read prayers and took the chair they see the need for it. That is a healthy at 11 a.m. state of affairs; it is what democracy is all about. MINIS1ERIAL STA1EMENT Mr. Hauenschild, other critics in the trade unions and vocal members opposite have ALLEGED CRITICISM OF INDUSTRIAL CoMMISSION been quick to seize on this issue as part Hon. J. BJELKE-PETERSEN (Barambah of their continuous campaign to denigrate -Premier) (11.1 a.m.): In the light of an this Government. article in this morning's Brisbane "Courier­ The whole issue is as synthetic and tran~ Mail", headed "Move to cite Joh", I rise parent as that, and it is nothing short of to draw the House's attention to certain scurrilous that the Opposition and its matters in relation to that report, and claims friends in the trade union movement should Ministerial Statement [3 MAY 1979] Personal Explanation 4525 seek to use this issue--and the Industrial Court responsibilities to effectively organise Commission itself-as a political football to and allocate the work of the Commission further their devious plot and desires in this amongst the Commissioners. regard. "A better administrative arrangement In relation to the proposed amendments to possibly could be to appoint a Chairman the Industrial Conciliation and Arbitration of the Commission or a Senior Commis­ Act under review, in the interests of justice sioner who would have the administrative to all, one or two points need to be clarified. responsibilities now conferred upon His Honour, the President of the Industrial I have already urged everyone concerned Court. to withhold judgment on the proposals until "Such Chairman of the Commission or the final form of draft legislation to be Senior Commissioner could have the quali­ brought forward by the Labour Relations fications required for appointment as a Minister (Mr. Campbell) is known-on the Judge of the District Courts, that is a basis that one of the cardinal principles in barrister or solicitor of the Supreme Court making judgments and decisions is knowing of Queensland of not less than five years all sides to an issue, which neither Mr. standing, and could receive a salary equiva­ Hauenschild, Mr. Casey nor anyone else is lent to that of the Chairman of the Dis­ in a position to know at this stage. Thai trict Courts. includes everybody who has been critical of "If it was desired by Cabinet that such it up to this time. action be taken then it probably would I do not propose to go into precise detail be desirable also to increase the number on proposals under reVliew, in respect to of Commissioners (including the Chairman this legislation, at this st,age; but, in the of ,the Commission or Senior Commissioner) interests of fair play and justice to all, from 5 to 6. one or two points should perhaps be spelt "In this regard my Department as a out. As the Honourable S. S. Doumany, result of recent informal discussions with who acted as Minister for Labour Relations the Members of the Industrial Commission at the time, is reported as saying in this is of ,the view that the present work load morning's Press, he did in fact mise this of the Commission would warrant an issue in Cabinet through an information increase in the numbers from 5 to 6. brief, or statement, which contained some proposals-not formal recommendations as "Amendment of the Industrial Concili­ such-for consideration. This statement was ation and Arbitration Act would be neces­ presented by Mr. Doumany following earlier .sary to achieve these ends. Cabinet discussion on the question-and at "If Cabinet is of the view ,that such Cabinet's direction. I commend Mr. Dou­ amendments would be desirable I shall many---and support him-on this action. It arrange for a specific submission on ,the already has been reported that, flowing from necessary amendments." this report and other discussions, Cabinet Mr. Speaker, I believe that should help subsequently agreed on certain proposals for to set the record straight with respect to amendments to the Act, including a pro­ some of the reports and allegations we have vision to increase the number of commis­ seen in recent days in some sections of sioners from five to six. the print media, and I trust that we can I propose to quote now from the relevant rely on representatives of the media pre­ sections of that informabion brief (or report) sent to take note of these facts--and ,to give to Cabinet, to indicate the basis on which them the airing ,they deserve-in response the Government is considering the amend­ to some of the ill-conceived and baseless ments under review. Before doing so, how­ criticism which has been levelled at me ever, I want to make It clear that I sup­ personally, Cabinet and the Government, over port Mr. Doumany fully in bringing for­ this issue. ward this report to Cabinet, and the pro­ PAPER posals outlined, which I now refer to-­ The following paper was laid on the and, of course, Cabinet itself supported this table, and ordered to be printed- approach. Reports on the Queensland Meat Industry Mr. Jones interjected. Authority and the Queensland Meat Mr. BJELKE-PETERSEN: If the honour­ Industry Organisation and Marketing able member for Cairns would listen, he Authority. would be a little better informed. PERSONAL EXPLANATION The relevant passages from Mr. Doumany's brief, or report, to Cabinet read as follows: Mr. CASE¥ (Mackay-Leader of the "It is in respect of the part-time Pre­ Opposition) (11.10 a.m.), by leave: A few sident exercising administrative as well as moments ago the Premier, in his ministerial judicial functions that some criticism has statement, attacked me, the Australian Labor been levelled in recent times. Whilst it Party of which I am the elected leader, and can be argued that there would be no the trade union movement. conflict of interest in exercising both func­ I should like to be clearly noted that this tions it is probable that it is not adminis­ public issue concerning the Industrial Court tratively desirable in that it is difficult and the Industrial Conciliation and Arbi­ for a part-time President with his Supreme tration Commission commenced following 4526 Petitions [3 MAY 1979] Questions Upon Notice the Premier's remarks at a Press conference urgently reconsider taking immediate action after a Cabinet meeting last month. That to enforce conditions governing school trans­ issue became public. port benefits until such time as people can It was somewhat influenced and inflamed be made aware of the benefits available, and by remarks, especially those yesterday, of until such time as submissions can be lodged Sir Robert Sparkes, who is president of the by denominational schools for a possible National Party in Queensland. He quite alternative system of benefits to private clearly questioned the integrity of the court school children. and commission and their members. Despite Petition read and received. the denials of the Premier today, the only comments made publicly questioning the QUESTIONS UPON NOTICE integrity and the good work of those bodies have come from the Premier, the president 1. BEEF INDUSTRY INCENTIVE ScHEME of the National Party and the spokesman PAYMENTS for the United Graziers' Association. They have stated publicly that they are behind Mr. Casey, pursuant to notice, asked the this move. Minister for Primary Industries- The Industrial Court clearly outlined yester­ (!) Under the Commonwealth Govern­ day the processes that have been satis­ ment's beef industry incentive payment factorily followed by those bodies for some­ scheme, which was introduced in September thing like 50 years. That process has been 1977, what was the total amount paid 'to satisfactory to employer and employee organ­ beef-cattle producers in this State during isations alike as it applies to the rotation of the following twelve-month period and how matters coming before the court and the com­ many separate producers received assistance mission. It would appear that the only under this programme? employer group complaining about the matter (2) How much of this payment was in is the United Graziers' Association. relation to (a) spaying of female cattle, I categorically deny that the Australian (b) mustering, branding and dipping, and Labor Party, and I as its leader, have any (c) other purposes? criticism to offer. Answer:- Mr. GOLEBY: I rise to a point of order. (! & 2) As indicated, this scheme was I understood that the Leader of the Oppos­ introduced and implemented by the Com­ ition asked for leave to make a personal monwealth Government. I do not have explanation. I maintain that he is not the details requested and I suggest the making a personal explanation, but is debat­ Honourable the Leader of the Opposition ing the issue. I refer to Standing Order 110. inquire of the Right Honourable Ian Mr. SPEAKER: Order! The Leader of the Sinclair, M.P., Minister for Primary Opposition was granted leave to make a Industry, regarding same. personal explanation. I, too, believe that he should be nearing the end of his personal 2. YARDS FOR FERAL PIGS, HARRISTOWN explanation. Mr. Warner, pursuant to notice, asked the Mr. CASEY: As the elected leader of the Minister for Transport- Australian Labor Party, I categorically deny What action has been taken or will be the Premier's comments this morning. I taken to build suitable yards for feral pigs state that the Australian Labor Party does at Harristown, so as to avoid possible support the court and commission as they are contact with other animals destined for presently constituted and will continue to public consumption and to minimise any do so. repetition of the escape of feral pigs from the Toowoomba-Harristown railway yards? PETITIONS Answer:- CAIRNS AERIAL AMBULANCE SERVICE The pigs in question comprised a con­ Mr. SCOTT (Cook) presented a petition signment railed from Daymar to Harris­ from 478 citizens of Queensland praying town on 9 April 1979. I am advised that that the Parliament of Queensland will take the consignment was an isolated one and such measures to ensure that the State Gov­ there is no present indication of traffic of ernment will provide the necessary financial this nature to Harristown developing. assistance to the Cairns Q.A.T.B. Committee to augment funds willingly contributed by 3. TRANSPORT OF FERAL PIGS residents of the area and so ensure that the Cairns Aerial Ambulance Service is retained. Mr. Warner, pursuant to notice, asked the Minister for Primary Industries- Petition read and received. (!) Will he state why the transport of feral pigs does not require a permit when SCHOOL TRANSPORT BENEFITS being transported, when all other stock Mr. KRUGER (Murrumba) presented a need such a permit? petition from 99 e!ectors of Queensland pray­ (2) Will he give his assurance that the mg that the Parliament of Queensland will laws on the transportation of feral pigs Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4527

will be tightened, and wiD he give immedi­ Under the present policy of the Com­ ate consideration to the necessity of per­ monwealth funding authorities, expenditure mits having to be obtained? on residential facilities at colleges of (3) Will he ensure that feral pigs are not advanced education, such as the Darling transported into areas without some health Downs Institute of Advanced Education, check? is a charge against the total capital fund allocation to the State. Accordingly, pro­ Answer:- posed residential facilities must compete (l to 3) Feral pigs are classified as in priority with other capital-works pro­ fauna and as such come under the control posals such as teaching, library and labora­ of the National Parks and Wildlife Ser­ tory facilities at colleges of advanced vice administered by my colleague the education. Honourable T. G. Newbery, M.L.A. The Commonwealth Government con­ For the information of the honourable tributed some $697,000 towards the newly­ member, domestic cats, dogs, poultry and constructed stage 3 of McGregor College swine are exempt from the requirements at the Darling Downs Institute of of the Stock Act relating to the provision Advanced Education. This matches some of permits and way-bills for travelling $233,000 contributed locally by the Darling stock. Downs Association for Advanced Educa­ tion. Mr. SULUVAN: I might add that I have talked to representatives of the Commercial Contrary to the impression that may have Pig Breeders' Association about the introduc­ been given by recent comments aHributed tion of permits on a voluntary basis. As :they .to the chairman of this association in the have not been required for generations to Toowoomba Press, Governments, hence have permits to move pigs, they say, "Why taxpayers, have contributed heavily should it be inflicted on us, the commercial towards the construction of McGregor pig breeders, to control feral pigs?" How­ College. Some three-quarters of the cost ever, the single pest control authority is of the $2,000,000 McGregor College build­ looking at this matter at present. Like the ings, as well as the entire cost of the site, honourable member, I am keen to see some­ has been borne by Governments. Moreover, thing done to restrict the movement of feral the State Government has underwritten pigs. I do not want to do anything to the remaining one-quarter being raised prevent people from going out and catching locally by guaranteeing the bank overdraft feral pigs on a commercial basis, but let us that the Darling Downs Association for put the onus on the responsible person to Advanced Education needed .to enable it move the pigs. So many irresponsible persons to raise its share of the funds over several bring in feral pigs and put them in pens years. that will not hold domestic pigs, and away (2) As I understand the position, there they go. I join with the honourable mem­ is no matter to be resolved. ber in expressing concern about this matter.

4. SUBSIDISING OF CONSTRUCTION OF 5. SUPERANNUATION ScHEME, BRISBANE STUDENTS' AccoMMoDATION ABATTOIR STAFF Mr. Warner, pursuant to notice, asked the Mr. Mackenroth, pursuant to notice, asked Minister for Education- the Minister for Primary Industrues- (!) What provisions have been made (1) Is the staff superannuation scheme between his department and the Common­ at the Metropolitan Abattoir to be wealth Education Department regarding increased and, if so, will this discriminate the subsidising of private-enterprise con­ against clerical members of the superannua­ structkm of students' accommodation at tion scheme who are not members of the such places as the Darling Downs Institute staff? of Advanced Education? (2) As he stated in a letter to me on (2) If this matter has not been resolved 22 February that the Meat Industry is urgent funding needed and is thi~ Organisation and Marketing Authority agreement long overdue? advised him that, at the present time, it Answers:- could not see its way clear to meet the extra cost of including maintenance workers ( I) The brief answer to the question is in the scheme, how does the authority that no provisions have been made between justify the increase for staff members? the State Education Department and the Commonwealth Department of Education regarding the subsidising of private-enter­ Answers:- prise construction of student accommoda­ (!) An amendment to the superannuation tion at such places as the Darling Downs scheme at the metropolitan abattoir to Institute of Advanced Education. It is not provide for final average salary to be a matter for either department. It is a based on the average salary over the matter for the Tertiary Education Com­ final .three years of employment, mission at Commonwealth level and the instead of the final five years as at pres­ Board of Advanced Education at State level. ent, is under consideration. The proposed 4528 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

marginal improvement in benefits, if (ii) Flexible film containdng more approved, will be available to staff includ­ than 1 milligram of vinyl chloride -ing clerical members of the scheme. monomer per kilogram must not be (2) The proposed change involves only used for packaging food. marginal adjustment to a scheme which (iii) A package or appliance which has been in existence for many years. Any contains more than 5 milligrams per additional costs involved are comparatively kilogram of vJnyl ch1oride monomer minor. must not be used for manufacturing, keeping, conveying, drawing or hold­ ing a food. 6. ARSENIC CoNTAMINATION TESTS, (iv) Periodic checks have revealed CARIND.I\LE HousiNG ESTATE through analysis that the food industry Mr. Mackenroth, pursuant to notice, asked and the package manufacturing indus­ the Minister for Health- try are conforming with these require­ (1) When will the Health Department ments. inquiry into arsenic contamination at the (2) Yes. Carindale housing estate be completed? (2) Will he make a copy of the report 8. WEJGHBRIDGE ON WARWICK HIGHWAY, available to me, the member for the area? MT. EDWARDS (3) Will the report, when completed, Mr. Muller, pursuant to notice, asked the O'lltline (a) all areas where tests were Minister for Local Government and Main undertaken, (b) the number of tests in Roads- each area, and (c) the level of arsenic As excessively overloaded motor found in each test? transport vehicles are causing severe damage amounting to hundreds of thous­ Answer:- ands of dollars annually to the Boonah (1 to 3) A comprehensive investigation to Beaudesert and Boonah to Ipswich main is nearing completion, though final results roads, will the Main Roads Department of .testing are not yet available. All future give urgent consideration to the installation action to be undertaken following com­ of a weighbridge on the Warwick Highway pletion of this investigation will be based at Mt. Edwards? on the results obtained. Answer:- Plans for the provisiOn of a weighing 7. VINYL CHLORIDE MONOMER IN FooD site on the Cunningham Highway at Mt. CoNTAINER MATERIALS Edwards have been approved. The work Mr. Mackenroth, pursuant to notice, asked requires the extension of a culvert on the the Minister for Health- highway, and the department is awaiting manufacture and delivery of the culver·t (1) Is he aware of reports dealing with sections. It is expected that work on the recommendations from the Foods Standards site will commence within the next few Committee of the National Health and weeks. Medical Research Council to limit the concentration of vinyl chloride monomer in food containers and foodstuffs and, if so, 9. ELECTRIFICATION OF RocKHAMPTON· on what grounds are the recommendations YEPPOON RAILWAY LINE based and what action has been taken? Mr. Hartwig, pursuant to notice, asked (2) Is the vinyl chloride monomer the the Minister for Transport- parent substance from which polyvinyl With reference to the Queensland inter­ chloride wrappings are made? national tourist resort now becoming a reality at Yeppoon, will he consider Answers:­ implementing a feasibHity study of the ( I) Yes. electrification of the railway line linking (a) I am advised that vinyl chloride Yeppoon with Rockhampton? monomer migrates from polyvinyl chlor­ Answer:- ide wrappings and containers into food contained therein. Vinyl chloride mono­ There is no indication of potential mer has displayed proved carcinogenic demand sufficient to warrant a feasibility potential in inhalation studies with rats. study of electrification of the railway It was therefore considered prudent to between Rockhampton and Yeppoon at control its use dn food packages. present. However, the matter will receive further consideration in the light of future (b) Control regulations are contained development. in the Food and Drug Regulations 1977. The regulations stipulate that- I assure the honourable member that we (i) The proportion of vinyl chloride shall keep an eye on it and that, if neces­ monomer in any food shall not b:;: sary, a feasibi!Hy study will be undertaken. greater than 0.05 milligrams per kilo­ gram. 10. [Withdrawn] Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4529

H. ScHOOL BuiLDINGs, ToRRES STRAIT and when was construction completed at IsLANDS the last Aboriginal community to be pro­ Mr. Scott, pursuant to notice, asked the vided with such a supply? Minister for Aboriginal and Island Affairs-- (5) Did the Federal Government provide (1) Which Torres Strait island communi­ the funding under which ·that work was ties now have the modular-type school carried out? buildings, which his department has the (6) When was money offered by the responsibility for purchasing and erecting Federal Government for electrification at the island schools under his control? work at island communities, and when was the State Government advised that this (2) What order of priorities has been offer was withdrawn? established for replacing all of the remain­ ing outdated school buildings? Answer:- (3) Which islands are to receive new (! to 6) The honourable member is school buildings and what are the antici­ referred to the ministerial statement I pated dates of completion? made in this House on 1 May 1979, which (4) As Dauan Island has one of the new provided details now requested. buildings, when are such buildings to be As programmes are developed in con­ erected on the neighbouring islands of sultation with the councillors of the Saibai and Boigu? Torres Strait communities, and these pro­ (5) What is the estimated cost of altera­ grammes are implemented, appropriate tions being effected to the school at Badu statements will be made. I see no advan­ Island? tage to the island communities in fore­ shadowing such decisions. Answer:- (1 to 5) As conveyed to the honourable 13. INCREASE IN COST OF AVIATION FUEL member on 25 May last, the honourable member is assured that the department has Mr. Scott, pursuant to nbtice, asked the already planned to progressively replace Minister for Transport- with more modern and updated units those (!) With reference to the recent sharp centres in need as funds and resources rise in the price of aviation spirit, is the become available. Appropriate public price of this fuel controlled in any way statements will be made from time to time by the Federal or State Governments? as the occasion arises, but it is stressed (2) Was he consulted about the price that facilities are adequate for what are increases, in particular with regard to the essentially small communities. effect that this will have on operational Repairs at the Badu school are being costs for small aeroplanes in Queensland? effected by the local work-force, under (3) Will he outline whether there supervision, and the cost will be determined is any way the Government is able to according to shortcomings revealed as work protect the interests of such groups as the progresses. It is not possible, therefore, Royal Flying Doctor Service, the Church to provide the total estimated cost at this of England, Bush Pilots Airways Ltd. and stage, but the honourable member may the many small air-charter operators who be assured that, when completed, the provide essential air services in northern Badu school will satisfy all concerned. and western areas? Answers:- 12. ELECTRICI1Y SUPPLY, ISLANDER AND ABORIGINAL CoMMUNITIES (!) As I understand the position, aviation fuel prices are subject to Commonwealth Mr. Scott, pursuant to notice, asked the Government control through the Prices Minister for Aboriginal and Island Affairs-- Justification Tribunal. (1) Has no island community in the (2) No. Torres Strait, other than Thursday Isiand, (3) In all the circumstances, I am not a reticulated supply of electricity with aware of any practical steps that might be mains voltage power available at each taken to protect these fuel aviation users residence? against the effects of such price increase. (2) Does his department have the responsibility for providing such supply and 14. QUEENSLAND INVOLVEMENT IN has an order of priority been established LIQUEFAC'DON OF COAL RESEARCH for provision of reticulated electricity supplies? Mr. Simpson, pursuant to notice, asked the Minister for Mines, Energy and Police- (3) Which community will be the first As Queensland has tremendous natural to receive this facility and when will con­ resources of coal, which are enough for struction commence? 200 years, and 40 per cent of Australia's (4) How many of the six separate water supply, what is the extent of present Aboriginal communities in the Cook elec­ research, and Queensland involvement, into torate, counting the Bamaga complex as the liquefaction of coal in view of our one community, have reticulated supply, limited known resources of portable fuel? 4530 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

Answer:- (3) Should the connection of cancer and The main research on the feasibility of smoking as a health problem be made the conversion of coal to oil in Queensland clear in Queensland? is that being carried out in conjunction with the Federal Republic of Germany by an Answers:­ Australian consortium, comprising the (!) No. Governments of the Commonwealth, Victoria, New South Wales and Queens­ (2) No. land. This study, which is based on tech­ (3) Yes. Very active programmes to nology available to a number of West influence the many very real health risks German companies, officially commenced associated with smoking of tobacco pro­ on 1 April. A sample of coal has been ducts are being undertaken by my Division extracted from the Wandoan deposit and of Health Education and Information and is currently being shipped to Germany for various professional and voluntary testing. organisations. Another major study involves the test­ ing of a bulk sample of coal from Mill­ merran for the production of solvent 17. SECURITY OF STATE SCHOOL CHEMICAL­ refined coal by the Mitsui process in STORAGE BLOCKS Japan. The S.R.C. process can be Mr. Neal, pursuant to notice, asked the developed for the production of liquid Minister for Works and Housing- fuels. Testing at laboratory scale is also being (!) With reference to my question to undertaken on a number of smaller him on 11 April concerning the security samples from various coal deposits in the of State school chemical-storage blocks, State, involving several different processes. have his departmental architects completed their investigations and, if so, what are the recommendations? 15. OIL EXPLORATION (2) What action will his department be Mr. Simpson, pursuant to notice, asked the taking as a result of the recommendations Minister for Mines, Energy and Police- contained in their report? Has oil exploration increased since the disastrous policy of ,the Whitlam Labor Answer:- Government era, and are new discoveries of oil or gas in Queensland expected? (! & 2) As a result of investigations, plans have been prepared to provide one Ans;ver:- set of doors to the laboratory to secure I am pleased to say that there are now it from the rest of the wing. In addition, promising signs of a resurgence of oil the preparation room in the laboratory will exploration in Queensland. The decline in be made secure and lock

Answers:- 20. CoMPLAINTS AND CHARGES AGAINST (1 & 2) I refer the honourable member SOLICITORS to my answer to a question asked by the Mr. Wright, pursuant to notice, asked the honourable member for Salisbury on 18 Minister for Justice and A•ttorney-General- April 1979. (1) In view of remarks made in debate Recommendations 16 and 17 have already by the member for Sherwood in relation been implemented. to the legal profession and his attempt to paint the whole legal profession as Recommendations 22 and 53 have been beyond oritlicism, beymd reproacll and 1ily­ referred to the Law Reform Commission. wh~te, during !Jhe last 10 years hew many The Solicitor-General has been given solicitors have been (a) charged and (b) directions in relation to recommendations convicted for illegal acts involving the mis­ 52 and 54. appropriation of trust funds or other moneys or property? (3) The total cost of the inquiry was (2) How many claims have been made $52,472.80. Details of the costs are- 0111 the Legal Practitioners' Fidelity $ Guarantee Fund, or under the compulsory W. J. Carter, Barrister .. 8,700.00 professio11iaJ indemnity insurance scheme, D. G. Sturgess, Barrister .. 26,900.00 and what was the total amount involved D. M. Becker, Chief Super- or paid to claimants? intendent of Police (3) What power does the Queensland (retired) 4,487.50 Law Society have to act against solicitors C. D. Sheahan, Q.C. 6,150.00 for (a) negligence, (b) misconduct and T. J. O'Connell, Com­ (c) other unprofessional practices? mander, Metropolitan (4) How many complaints are at present Police District, New Scot­ before the Law Society tand when was land Yard 5,071.86 each of the complaints received by that Advertising .. 244.06 Witness expenses, bailiffs, society? etc. 919.38 (5) What are the main types of com­ plaints received against solicitors and in These costs do not include the salaries what areas does the sooiety have no legal of His Honour Mr. Just·i·ce Lucas and two jurisdiction? legal officers of the Justice Department who assisted at the inquiry. Answer:- (4) No. (1 to 5) The details sought by the ques­ tion asked by the honoun>ble member require a great deal of research. The 19. SUGGESTED CHANGE IN CoMPOSITION OF details ·in the main are held by the Queens­ INDUSTRIAL CoMMISSION land Law Society Incorporated. The Queensland Law Sooiety Incorporated has Mr. Wright, pmsuarr1t to notice, asked the been reques1ed to supply the ,informatiQ!l M!LniSiter for Justice and Attorney-Geneml- sought by the honourable member. No (1) With reference to the criticism of doubt the honourable member will agree the Industrial Commission by the Premier that it is preferable to answer the question and the public revelation that pressure has in full rather ,than piecemeal at this stage. been placed on the Government by National When the information is received fmm Party interests to bring about changes in the society, I will table in the House a /the appointment and number of commis­ comprehensive reply. sioners, does he believe that the interests of justice will be served if changes are 21. EXTENSION OF SLAUGHTERING made on political grounds? FACILITIES IN COUNTRY TOWNS (2) Has he received any representations Mr. Booth, puasoont to notioe, asked ,tJ:le fmm the Bar Associ,a,tion, tihe Law Society, Miruister fm Primary Industries- or any member of the legal profession voicing concern over the issue, especially With the difficulties being experienced in the trucking of cattle over long distances regarding pclitlical interference mto this for slaughter, has he given consideration judicial body? to expanding slaughtering facilities in country towns in an effort to shorten the Answer:- joumey of catl!le sent .to meatw

particularly in the south-eastern part of 24. BoAT HARBoUR, TowNSVILLE the State indicates .that priva!te enterprise Mr. M. D. Hooper, pursuant to notice, considers this to be the optimum location. asked the Minister for Maritime Services and Tourism- My depart~ent and •the Transport Depar.tment, m conjunction with the (1) Has he had an opportunity to inspect Queensland Meat Industry Organisation the heavily overcrowded boat-mooring and Marketing Authority, are presently facilities for commercial and pleasure craft examining the difficulties receiJJtly high­ in Ross Creek, Townsville? lighted in '!"egard to the tmnsport of cattle (2) Although approximately 9,000 boats over long distances to slaughter, with a are registered in the Townsville district view .to pin-,pomting factors contr1buting and repeated requests for a decent small­ to the problem and how these may be boat harbour have been ignored, what remedied. priority is being given for the construction of a protected boat harbour, particularly on the foreshore near the new Townsville 22. CoMMITTEE TO CONSIDER EFFECTS OF Yacht Club? RISING FUEL PRICES ON PRIMARY INDUSTRY Answers:- Mr. Booth, pursuant to notice, asked the (1) The Minister has not had an oppor­ MJ.niister for P.ri:nmry Industries---- tunity to inspect the facilities in Ross Creek. With reference to the increasing concern (2) There is almost no area still avail­ in primary industry circles regarding the able for moorings in Ross Creek, but it escalation of fuel prices, particularly diesel is hoped to include the driving of a small fuel, will he initiate a committee comprised number of extra mooring piles in next of qualified persons as well as experienced year's programme. primary producers to examine and report The Department of Harbours and Marine on both the short and •long-term effects, is actively examining alternative sites for as well as planning for the future? boat harbours in the Townsville area. Only two areas have been seriously considered­ Answer:- Ross River and The Strand (between the harbour and Kissing Point). Ross River The Queensland Council of :Agricuhure may in the future be closed to navigation recent3,y wrote to me e1epressing its con­ by a railway bridge, but it may be feasible cern about risin·g fuel prices in the rural to construct a harbour near the mouth. mdust.ries and suggesting that my depart­ Dredging costs are expected to be high ment should consider diverting some of and would probably make this unecon­ its resouTOOS to examrining the question of omic, except in conjunction with an expan­ energy requirements in the rural sector. sion of Townsville Harbour. Proposals so far examined for The Strand in front I indicated that I supported the idea of the yacht club are also extremely .of a good hard look at this very complex costly, necessitating construction of major area, which is really a Commonwealth protection works. ~ity. I have made repeated representations to the R•ight Honourable The department does not have the funds the Minister for f'rimary Industry, Ian to commence construction of major new Sinc.Jair, M.P., on the subject and shall boat harbours at present and none of the continue to press him for relief to primary possibilities examined to date can be pro­ producers from these added costs. vided within the range of funds available for small-craft facilities. It may be practicable to encourage 23. INADEQUACY OF TEACHING FACILITIES private enterprise to undertake a marina AT TowNSVILLE GENERAL HoSPITAL development, and all avenues in this regard Mr. 1\-i. D. Hooper, pursuant to notice, have been and will be pursued. asked the Minister for Health- With reference to his recent visit to the 25. AsSISTANCE FOR NORTH QUEENSLAND Townsvi!le General Hospital and his dis­ EGG PRODUCERS cussions with consultant specialists, who Mr. M. D. H(){}per, pursuant to notice, pointed out the deficiency of a lecture asked the Minister for Primary Industries---- theatre and facilities necessary to fully As a result of his meeting with repre­ carry out the functions of a teaching sentatives of the North Queensland Egg hospital, \'li1at action does he intend Producers' Association on his recent visit to take to overcome this problem? to Townsville, when it was shown that North Queensland producers would suffer Answer:- financially from the proposed across-the­ The submissions from the consultant board cut in hen quotas, does he intend specialists to the Townsville General Hos­ to assist North Queensland egg producers pital will be considered by the planning by either (a) removing the hen levy paid committee for the development of that by North Queensland producers, or (b) not hospital. applying the cut ·in hen quotas to northern Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4533

producers, which will only result in 27. DEVELOPMENT OF TOURIST CoMPLEX, northern markets being flooded with South MOOLOOLABA Queensland board eggs? Mr. Burns, pursuant to no.mce, asked the Minister for Lands, Forestry and Water Answer:- Resources- ( a) It should be clearly understood that (!) With reference to newspaper reports the hen levy is a Commonwealth tax. The on the Sunshine Coast of a conference Queensland Government is in no position between himself, the Lands Administration to comment on its removal. Members of Commission chaillman, the member for the North Queensland Egg Producers' Landsborough, the Chairman of the Association are well aware that a close Ma.rooohy Shire Collll:lcil and others to examination is being made of produci'ion­ promote a tourist complex on special cost differences between all areas of .the lease 26605, known as the Mooloolaba State. If this examination establishes that Ainport, do the lessees of the spooial lease there are major differences in co-sts of of rupproxiimately 192 acres include .well­ production between various regions, I have known N a~tiona:l Pla:nty member and can­ no doubt that such differences will be didate Doug McTaggar;t, faiiled land taken into account in determining future developer Alfred Frank Grant, Robin pricing and hen levy policies. Byme Hia11t, Len Markwehl. and A. F. (b) I am informed that the necessity for MoWrul:liaan? a cut in hen quotas arose mainly as a (2) Did the lessees on 6 February 1978 result of increased efficiency resulting in seek a Land Court hearing over valuations greater egg production per hen in all areas :and resultant rentals, in whiloh the court of the State. I am informed that it was on was given a list of reasons why the land this basis that the Hen Quota Committee was vmua:1ly of no Wl:lue, resurltiing ;i,n the decided upon an across-the-board cut. Land Court setting a $250 per year or $5 per week rental on this block? (3) Are the lessees now proposing a 26. CHARGES AND CoNVICTIONs UNDER $10,000,000 caravan park hotel-motel ANIMALs 'PROTECTION Acr shopping complex around an ornamental Mr. Bums, pursuant to notice, asked the lake on this land, which they described as Minister for Mines, Energy and Police- worthles-s only 12 months ago and now rent at $5 a week? Cl) With reference to the Animals Pro­ tection Act, how many people have been (4) As the 101Cal shilre cha~irman indi­ (a) charged and (b) convicted of offences cated after his visit that the arrangements against this Act in each of the last five years? were virtually complete and as these developers are now proceeding with council (2) How many persons have been (a) applications, Wlhy were no pUiblic tenders charged and (b) convicted under section called for ,tJhis multimiHion-dollar tourist 4 (1) (d) of the Act, which states that it is operartion on Crown land, having regaTd an offence to convey, carry or pack, or to the Government's continued search for cause to be conveyed, carried or packed publicity over proposed developments? any animal in such manner or position as to subject such animal to unnecessary pain Answer:- or suffering? (! ~o 4) I .presume the honourable mem­ (3) How many persons have been (a) ber is referring to a newspaper report of charged and (b) convicted under section nearly four months ago. The existing 17 (2), which provides that an owner or rregistered les-sees of special lease No. 266{)5 person having possession or custody or are Leon.ard WiJliarn James Markwell, control of any animal shall be deemed to Douglas Campbell Mactaggart, Robin have permitted cruelty if he has failed to Byme Hart, Andrew Frederick McWiUiam exercise reasonable care and supervision and Alfred Frank Grant, as tenants in in respect of the protection of the animal common ·in equal interests, but certain therefrom, or failed to take reasonable transfer documents a.re now being pro­ steps to prevent the unnecessary suffering cessed following which the lease wU1l be of the animal? held in the names of Douglas Campbell Mactaggart, Robin Byrne Hart, AndTew Frederick McW.illiam and Leonard Answer:- William James Markwell, as tenants in (1 to 3) Statistics sought by the honour­ common in the interests of 4/lSths, 4/15ths, able member are kept in a general index 4/15ths and 3/15ths respectively. and are not ·available without extensive research being undertaken. It is not pro­ On 7 April 1978 the Land Court, in posed to direct police from other urgent aocordance with the pro¥isiooo of the Land duties for this purpose. In addition, Act, determined the rent to be charged for records of any prosecutions which may the third period of that lease commencing have been instituted by the R.S.P.C. would on 23 June 1974 at the sum of $250 per not be held by the Police Department. annum. The Land Court is an independent 4534 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

tribunal and I have no comment to make which have been paid direct to a foreign in respect of the exercise of its functions insurance company based in the United in respect of any case before 1t. States of America? The ,redevelopment of .this area is (2) What is the total insured value of presently in the formulaNve stages only raw sugar tonnages in the current year? and I am still awaiting presentation of (3) Who is responsible for the decision documentation from the lessees so that I as to where these policies are written? may be in a position to give any such (4) What is the approximate premium proposal my further consideration. paid? The positiOlll is far from being a fait (5) Did the companies that paid out on accompli, as there is st:ill quite a deal of the major fire in the bulk terminal at examination and evaluation to be carried Townsvil!e about 10 years ago lose this out befoce a decision on the future use insurance business? of this land lis made, if and when a definite (6) Does the Queensland Government proposition is submitted. That examina1ion have any control over the decision as to will have regard to any views or require­ who is awarded this business? ments of the local authority and, until the proposal is further advanced, the matter Answer:- of caJlmg of tenders does not arise. (! to 6) This question should be directed to my colleague the Minister for Primary 28. MARKWELL STREET OVERPASS Industries, to whom the Sugar Board is Mr. Lane, pursuant to no;tice, asked the responsible. Mlinister for LocaJ Gove!1llment and Main Mr. Lane: I do so accordingly. Roads--- 31. NORTH QUEENSLAND REGISTRATIONS (I) What was the total cost of design work, acquisition of properties and con­ BY AusTRALIAN HERITAGE CoMMISSION struction of the Markwell Street overpass? Mr. Ahern for Mr. Armstrong, pursuant to notice, asked the Minister for M'ines, (2) Is it intended to stage an opening ceremony of this facility and, if so, when Energy and Police- will this take place and who will officiate? (!) Is he aware of an advertisement that appeared in "The Cairns Post" of Answers:- 23 April by The Australian Heritage Com­ ('1) The total cost of the project, mission, headed "Notice of intention to including the costs of design, serv1ce enter places in the register of the National relocations, property acquisition and con­ Estate", which mentioned large areas in struction of the Markwell Street overpass the shires of Atherton, Carpentaria, Cook, and approaches, is of the order of Etheridge, Herberton, Hinchinbrook, John­ $4,000,000 approximately. stone, Mareeba, Mulgrave and Torres Strait that may be entered, the date by which (2) As the faciLity has been open to objections are to be made being 31 July? ,traffic since 29 Ma,rch 1979, it is not intended that traffic be now diverted so that (2) Is he aware of the concern of an official opening can be held. owners of land and leaseholders with regard to development and also disposal? 29. DREDGING OF BREAKFAST CREEK (3) Will he take this matter up with the Federal Government and request that Mr. Lane, pursuan1 to not~ce, asked the no further action be taken to register any Pa:emier- of the wbovementioned areas and obviate With reference to the extensive dredging the need for objections? carried out in Breakfast Creek as part of the flood-mittigaroion :programme, wh~t has Answers:- been the total cost of this work and how (!) I am aware of this advertisement. has it been financed? These intended listings for the Register of the National Estate were previously Answer:- advertised, among others, by the Aus­ Cost of dredging work carried out to tralian Heritage Commission on 21 end of March is $3,800,000. The final cost November 1978. Understandably, they of dredging is est1mated at $4,600,000. attracted a large number of objections, Work has been financed by the CommOlll­ including those of the State Government, wealth Governmen1, the State Government and it was pointed out to the commission and the Brisbane City Council in the that the time allowed for objections was proportion 40:40:20. too short, bearing in mind the large tracts of land involved. These included some 2 500 000 30. INSURANCE OF SUGAR IN BULK hectares of Cape York Peninsula TERMINALS alone. The commission has apparently responded by extending the period for Mr. Lane, pursuant to notice, asked ,the objections to 31 July 1979, and I am Minister for Mines, Energy and Police- arranging for future detailed ex?.mination (1) Is he aware that raw sugar tonnages of the listings, as they impinge on the held in bulk terminals have been covered interests and reponsibilit,ies of the Depart­ by insurance policies, the premiums on ment of Mines. Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4535

(2) I share the serious concern of the (3) What sums of money were involved numerous landholders and mining com­ in these quotes? panies, who have made representations to me about the policies and practices of the Answers:- Australian Heritage Commission as they (1) Doug Sim Enterprises Pty. Ltd.; C. relate to Queensland, particularly involving & C. Demolitions; Deens Equipment Ser­ the listing of large tracts of land in the vice; Denivel Demolitions Pty. Ltd.; Bris­ northern, central and western parts of the bane Salvage Co.; and Campbells Demoli­ State used for various rural and mining tion Pty. Ltd. purposes. I have voiced this concern pub­ (2 & 3) Doug Sim Enterprises Pty. Ltd. licly on a number of occasions and I have -$40,000; C. & C. Demolitions-$42,000; made representations to the Federal Gov­ Deens Equipment Service-$42,000. ernment through the medium of the Aus­ tralian Minerals and Energy Council at 34. PoLICE SEIZURE oF C.B. RADIO meetings in 1978 and 1979. EQUIPMENT (3) The Australian Heritage Commission Dr. Lockwood, pursuant to notice, asked Act 1975, like other environmental legisla­ the Minister for Mines, Energy and Police- tion introduced by the Whitlam Labor (1) Did police seize citizen-band radio Government, was, I believe, enacted for equipment worth approximately $700 from more devions purposes than purely pro­ Michael Munsie of Toowoomba on 23 tecting the environment. I sincerely hope September 1978? that the review of the Australian Heritage Commission legislation, announced by the (2) Under which Act or Acts did the Right Honourable the Prime Minister, police proceed? results in its substantial amendment or (3) Has Munsie been charged or con­ preferably its repeal, so that the commis­ victed by Commonwealth or State police sion will no longer be able to view large for any broadcasting offence? tracts of Queensland as its prime target. (4) Has Munsie's equipment now been sold and, if so, by whose order and under 32. BABINDA BYPASS ROAD what legal provisions? Mr. Ahern for Mr. Armstrong, pursuant Answer:- to notice, asked the Minister for Local Government and Main Roads- (1 to 4) C.B. radio equipment, exact value unknown, was seized by police on As I am very concerned over the general the date in question and is still held at condition of the Bruce Highway through Toowoomba Police Station. Police had the township of Babinda, which has lawful authority under the provisions of deteriorated after the very heavy wet the Wireless Telegraphy Act to take action season, will he give me any indication as in this instance. A report is being obtained to when the bypass will be commenced? and I will cause the honourable member Answer:- to be advised further when particulars are Construction of the Babinda bypass has available. been tentatively programmed to commence in about three years' time, that is, towards 35. TOOWOOMBA URBAN TRANSPORT the end of the 1981-82 financial year. This SuRVEY REPORT tentative date has been determined on the Dr. Lockwood, pursuant to notice, asked basis that the Commonwealth Government's the Minister for Transport- allocations for national highways beyond (!) Will he release all those sections the 1979-80 financial year, when the cur­ of the urban transport survey report on rent roads legislation expires, will be at Toowoomba that do not contain personal, least of the same order as those currently financial or business details of bus pro­ being received. It is the low level of fund­ prietors and bus runs? ing for national highways, for which the Commonwealth Government is solely (2) If the document cannot be released, responsible, that is causing the delay in when does he envisage that it will be commencement of this project. In the released? meantime the Bruce Highway through Answer:- Ba-binda will be maintained in a safe and (1 & 2) No good purpose could be served trafficable condition. by releasing sections only of the Toowoomba Urban Transport Study as it 33. BELLEVUE BmLDING DEMOLmoN is essentially an internal working report. QUoTATIONS I shall see if I can get a summary of the Mr. Houston, pursuant to notice, asked the report prepared and make it available to Minister for Works and Housing- the honourable member. (!) With reference to the demolition of the Bellevue Hotel building, what are the 36. INSPECTION AND SLAUGHTER oF FERAL PIGS names of the demolition companies that Dr. Lockwood, pursuant to notice, asked were approached? the Minrister for Primary Industries- (2) What are the names of the (!) When were feral pigs first slaughtered demolishers who submitted quotes? at the Toowoomba abattoir? 4536 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

(2) Was any departmental authority the honourable member that the proVIsion required to slaughter and process feral of rail facilities to the Narangba Industrial pigs? Estate will depend upon the demand for (3) With reference to part (l) of the Slites requiring rail access. question, how many feral and domestic pigs have been slaughtered? 38. "GIVE WAY" SIGNS ON BURPENGARY (4) What inspections are made of feral WEIGHBRIDGE EXIT ROADS pigs, either when alive or after slaughter? Mr. Frawley, pursuant to notice, asked (5) How many feral pigs have been the Minister for Local Government and Main rejected, either when alive or after Roads- slaughter? Will he give an assurance that "Give (6) Are feral pigs specifically tested for Way" signs will be erected at the junction tuberculosis, other bacterial, rickettsial of the roads leading from the two weigh­ and protozoal infections or parasitic infesta­ bridges at Burpengary and the Bruce High­ tions that could be transmitted to meat­ way as soon as possible, in order to help workers? prevent trucks from driving out onto the Bruce Highway in a 100 km/h zone and Answers:- forcing traffic to either change lanes or ( I) Feral pigs were first slaughtered brake hurriedly? specifically for export as such at the Too­ woomba Public Abattoir from 9 October Answer:- 1978. The honourable member recently asked (2) No. This is the responsibility of the a simi1ar question of my colleague the Hon­ Commonwealth Department of Primary ourable the Minister for Transport. In his Industry. reply my colleague informed the honourable (3) Since 9 October 1978, 1,543 feral pigs member that vehicles leaving the weigh­ and 22,897 domestic pigs have been slaught­ bridge stations at Burpengary were already ered. in a statutory "Give Way" situation regard­ less of the presence or not of "Give Way" (4) The usual ante-mortem and post­ signs. Following representations from the mortem inspections are made as required Honourable the Minister for Transport, I by Commonwealth D.P.I. for export pur­ have directed that my officers thoroughly poses. investigate the situation in this area. I (5) 213 feral pigs have been rejected. now advise the honourable member that (6) No. investigations by departmental officers are still in progress, and I will give him a further reply in due course. 37. RAIL LINKS TO REDCL!FFE AND NARANGBA INDUSTRIAL ESTATE 39. SCHOOL COMPOSITE CLASSES Mr. Frawley, pursuant to notice, asked the Minister for Transport- Mr. Y ewdale, pursuant to notice, asked the Minister for Education- (1) What progress has been made towards providing a rail link to Redcliffe? (!) How many classes of one grade only in State primary and secondary schools (2) When is it proposed to provide a have more than 30 pupils? rail link to the Narangba Industrial Estate? (2) How many composite classes, con­ Answers:- sisting of two grades, have more than 25 pupils? ( I) A comprehensive study of future requirements for public .transport connec­ (3) How many composite classes, con­ tions between Redcliffe and the city of sisting of three grades, have more than Brisbane has been undertaken by con­ 20 pupils? sultants on behalf of the Metropolitan (4) How many composite classes are Transit Authority. The report concluded made up of grades that are not con­ that a railway line to the peninsula was secutive, for example, Grades 1 and 5? not justified in the short term. The report (5) How many composite classes are is currently under discussion with councils being taught by teachers in their first or and local groups. second year of service? The report recommended that steps (6) How many composite classes in high should be taken to retain land for a cor­ schools require the teaching of two ridor, and steps towards this are being separate subjects simultaneously, for taken by the Metropolitan Transit example, French and Mathematics? Authority. (2) After further discussion with my col­ Answers:- leagues the Honourable the Minister for (!) The most recent reliable data on Industry and Administrative Services, who class sizes in Queensland State schools is responsible for the Commercial and are from the school census conducted on Industrial Development Department, which 1 August 1978. This census reports on is ~ponsoring this project, I can only classes in primary schools and English reaffirm the advice previously conveyed to classes in secondary schools. At that Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4537

time approximately 3,100 classes compris­ already received from Government mem­ ing students at the same grade level had bers and others, I am reviewing the more than 30 students and were not taught matter, but any change in policy is one for by co-operative or team-teaching methods. consideration by Cabinet and the joint (2 to 4) Statistics on composite classes government parties. are not collected for particular grade levels. Consequently, information on classes cover­ 41. SUGGESTED CHANGE IN CoMPOSITION ing two or more grade levels is not readily OF INDUSTRIAL CoMMISSION available. However, at the census in Mr. Y ewdale, pursuant to notice, asked 1978, there were 900 composite classes the Premier- with more than 20 pupils, which were taught by one teacher. Of these, 516 had (!) With reference to the statement on more than 25 pupils. It should be noted 2 May by the President of the Industrial that many of these 900 classes would be Court, Mr. Justice Matthews, that he had found in small primary schools staffed by decided that he was no longer able to abide fewer than seven teachers. Only two of by the rule that a judge is to offer no the 900 classes were in secondary schools. comment upon matters of public debate, and both of these had less than 25 students. because by his silence he is allowing too (5 & 6) Data concerning composite many people to continue to be wronged and classes taught by teachers with limited hurt by untrue and irresponsible state­ experience, and composite classes where ments, and to the statement by Com­ two or more secondary subjects are taught missioner Pont that he will leave it to simultaneously, are not readily available. the public to decide rather than biased To obtain this information, it would be politicians, and to the answer to a question necessary for regional officers of my depart­ from the Leader of Opposition to the ment to conduct an extensive survey of Minister for Labour Relations that in his all schools. This task cannot be under­ seven years as a Minister in his portfolio taken with the staffing resources presently he has always had the utmost confidence available. in all of the industrial commissioners, will he in light of these statements explain 40. SUPPRESSION OF COMPANY NAMES why he has had no communication with IN CoNSUMER AFFAIRS BUREAU the Industrial Commission regarding pro­ REPORTS posed changes in the court function and suggested appointment of another com­ Mr. Yewdale, pursuant to notice, asked missioner, as he stated in the Press the Minister for Labour Relations- of 2 May that the court does not know As Queensland is the only State in the what he is proposing? Commonwealth that does not allow its (2) Is he prepared ,to advise the House Consumer Affairs Bureau to name indi­ what the Government is proposing to do, vidual companies involved in improprieties as it is obvious that the number of sec­ and, as many offending companies very tions in the community associated with the often continue to offend without being commission certainly have not been publicly exposed, which in itself allows consulted? the public to be held in the dark regard­ ing their offences, will he consider review­ Answer:- ing this matter and adopt a procedure in (1 & 2) I refer the honourable member line with the publication of cases and to my ministerial statement. decisions carried out by the Small Claims Tribunal and, if not, is it reasonable in light of the attitude of his counterparts 42. PUBLIC SERVICE, LocAL GoVERNMENT throughout Australia to sustain such an AND PRIVATE ENTERPRISE STAFF approach to these problems? INTERCHANGES Mr. W. D. Htwitt, pursuant to notice, Answer:- asked the Premier- I have already indicated in response (!) Has his attention been drawn to a to an earlier question during the current statement in "The Courier-Mail" of 25 session that it is not Government policy to April by John Andrews, former Gold give identifiable information in respect Coast Administrator, wherein he called for of the ethics or reputations of individual the establishment of a regular staff-inter­ traders or companies arising out of com­ change system between State Public Service plaints processed by the Consumer Affairs and local council administrations? Bureau. Judgments published by the Small Claims Tribunal can be distinguished (2) Is the Government favourably dis­ from complaints made to the bureau posed to such a suggestion and, if so, because the due processes of the law have when could such an interchange be been applied at the Small Claims Tribunal introduced? and a decision against a trader has, after (3) As the Government's last joint-policy a hearing, been given by a judicial tribunal. speech said that there would be an inter­ The Consumer Affairs Bureau is an admini­ change between public and private sectors, strative, not a judicial, body. However, to what extent so far has this policy been ia view of strong representations I have implemented? 4538 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

Answers:­ (4) Will the contents of the report be (1) Yes. made available to the public or to members (2 & 3) Staff interchange between the of this House and, if so, when? public and private sectors was included Answers:- in the Government's policy speech and has already been implemented. Approaches (1) The consultants are at present assist­ have been made to other Governments ing the Fish Board with a view to imple­ and, through trade associations, to private menting a new organisation structure and industry. Indeed, although the scheme has installing a commercially orientated finan­ been operating for only a short time, two cial repmting system. interchanges have already been arranged, (2 & 3) The report referred to was one with New Zealand and one with New completed and received. South Wales. Further discussions are con­ (4) It has been made clear in answers tinuing with other interested parties. to previous questions in the House that the consultants' report was commissioned with a view to assisting the Government to 43. FLEXITIME IN GOVERNMENT formulate future policies in relation to DEPARTMENTS the marketing of fish products, that it is Mr. W. D. Hewitt, pursuant to notice, in the nature of a working document, asked the Premier- and that it was never intended for release (!) For how long has flexitime been as a public document. in operation in State Government depart­ ments? 45. EXPENDITURE ON GOLD CoAST AND (2) Is the scheme generally working GREEN IsLAND EROSION satisfactorily? Mr. Jones, pursuant to notice, asked the (3) Has there been evidence of any Deputy Premier and Treasurer- abuse of the system and, if so, how has How can he reconcile the expenditure that abuse been dealt with? of $5,500,000 on the Gold Coast erosion (4) Upon whom is the obligation placed problems between July 1967 and June 1978 to see that there is no departmental abuse with the fact ,that Green Island, one of the of flexitime? most visited tourist attractions in the State, (5) Is any reprimand handed out to cannot attain any additional Government any departmental officer who condones or assistance to combat existing erosion fails to notice any abuse of the flexitime problems? practice? Answer:- Answers:- The subsidy paid to the Gold Coast City Council for beach-restoration works is made (1) The first trial of flexible working available to the council under the State's hours in a Queensland Government depart­ normal capital works subsidy scheme for ment commenced on 7 June 1976. Follow­ local authorities. A subsidy of 20 per cent ing the success of this trial, it was intro­ is available to any local authority under­ duced generally to clerical and administra­ taking approved beach-restoration works tive staff from April 1977 onwards. and a subsidy of 331- per cent is payable (2) Yes. where the works are necessary for naviga­ (3) There has been very little evidence .tional purposes. of abuse of the system. If warnings have While some assistance has been provided not been sufficient, persistent offenders in the past to enable shore-protection have been placed on standard hours. How­ works to be carried out at Green Island, ever, the number of such cases is very low. the well-established principle in respect of (4 & 5) Supervision of flexible working private property, including tourist resorts, hours is the responsibility of the normal whether on islands or the mainland, is that departmental supervisors. Each supervisor responsibility for protection rests with the is, of course, responsible to his depart­ owner or lessee. mental head for all aspects of departmental staff supervision, including work atten­ 46. STAFFING OF CAffiNS BASE HOSPITAL dance. DENTAL CLINIC Mr. Jones, pursuant to notice asked the Minister for Health- 44. FISH BOARD INQUIRY REPORT ( 1) Relative to the position of staffing Mr. Jones, pursuant to notice, asked the at the Cairns Base Hospital dental clinic, Minister for Maritime Services and Tour­ is he aware that there is presently a 12- ism- month waiting list for dentures and, if (1) What is the present position con­ the present staffing level is maintained, that cerning the Government's inquiry last year an 18-month wait is anticipated? into the Queensland Fish Board? (2) In view of the obvious need for (2) Is the report completed? increased staffing and orthodontic sessions (3) Has he received the report? to obviate waiting.lists and work pressures Questions Upon Notice [3 MAY 1979] Questions Upon Notice 4539

on existing staff, will he review the position 49. INVESTIGATION OF S.G.I.O. AND and undertake to lift the staff levels to S.G.I.O. BUILDING SOCIETY INVESTMENTS meet the work-load? Mr. K. J. Hooper, pursuant to notice, asked the Premier- Answers:- Is the Auditor-General, or any other (!) I am aware that there is at present Government officer, investigating the a 12-month waiting-list at the Cairns Base investments made by the S.G.I.O. or the Hospital dental clinic for dentures for S.G.I.O. Building Society during the period other than the most urgent cases. It is when Mr. B. E. Riding was its chairman? by no means certain that this waiting-list will extend to 18 months if present staffing Answer:- is maintained. Not to my knowledge. (2) Staffing of the Cairns Dental Clinic, including the question of orthodontic ses­ 50. MR. MAURICE STITT sions, is at present under review within Mr. K. J. Hooper, pursuant to notice, my department. Any increase that might asked the Minister for Justice and Attorney­ be approved must await the results of that review and consideration of the over­ General- all needs of the State. (1) What positions were held by Mr. Maurice Stitt prior to his appointment as Secretary of the Association of Permanent 47. HOUSING CoMMISSION HOUSES, lNGHAM Building Societies of Queensland? Mr. Row, pursuant to notice, asked the (2) Has Mr. Stitt ever had any practical Minister for Works and Housing- experience in a financial institution? With reference to the proposed large­ Answer:- scale forestry development in the elector­ (1 & 2) Mr. Stitt is Executive Director ate of Hinchinbrook, will he initiate plans and Secretary of the Association of for the completion of further Housing Permanent Building Societies of Queens­ Commission houses in Ingham, on land land Limited. I do not consider it my already held by the commission, in order province that I should necessarily expound to meet a foreseeable demand for housing the qualifications of individuals employed accommodation? in private enterprise. Therefore, the honourable member might direct any ques­ Answer:- tions of this nature concerning this per­ son's professional qualifications to Mr. I am aware of the developments that Stitt himself. the honourable member talks of and of his continuing representations. Construction of further houses at Ingham will be con­ 51. PoLICE DuTY, G.M.-H. FACTORY, sidered when planning future programmes. AcACIA RIDGE Mr. K. J. Hooper, pursuant to notice, asked the Minister for Mines, Energy and 48. SOUTH EAST FREEWAY EXTENSION Police- Mr. Ahern for Mr. Scassola, pursuant to ( I) Has his attention been drawn to notice, asked the Minister for Local Govern­ the traffic congestion on Beaudesert Road, ment and Main Roads-- Acacia Ridge, at ceasing-time at the General Motors-Holden's factory? (!) When is it expected that the extension of the South East Freeway to (2) As two police officers are on duty Klumpp Road, Upper Mt. Gravatt, will to assist the flow of traffic from the be open to traffic? G.M.-H. car-park, is this normal police traffic duty or is a charge made on G.M.-H. (2) What effect will delays in carrying for this service? out road-widening and other works in Mains Road, which are being carried out Answers:- by the Brisbane City Council, have on (1) No. the opening of the freeway extension to (2) Two police officers are engaged by Mains Road? General Motors Holden's on special duty at this location from 4 p.m. to 5 p.m. Answers:- each day Monday to Friday inclusive. (!) The series of projects compnsmg the Marsh.all Road to Mains Road section 52. HERVEY BAY AIR SERVICE AND of the South East Freeway have been AIRPORT programmed to be completed in 1982. Mr. Powell, pursuant to notice, asked the (2) No delays in the opening of the free­ Premier- way extension to Mains Road are antici­ (!) Is he aware that Trans-Australia pated as a result of the works being under­ Airlines is to conduct its inaugural com­ taken in Mains Road by the Brisbane City mercial flight to the newly upgraded Hervey Council. Bay airport on 5 May? 4540 Questions Upon Notice [3 MAY 1979] Questions Upon Notice

(2) How much Government money was He adde:d thiat for 2,000 years ftarmers hiad spent on the upgrading of this airport? got along without fuels and that iif there (3) How was so much GDvernment was a shortage of fuel, ,they could do without money obtained for the project? it agwin. My fiTSit reaction as the M£nister for Primary Industdes WlaS thiat tlh:is person Answers:- must be a comptlete and utter nurt. Before ( I) Yes. I was pleased to hear the news. I lefit my office this morning, I received a Such a service will mean a great deal to d()l()ument conceaming the A.L.P. national the people of the Hervey Bay area. seminar to be held at the Civic Cootre, I would like to commend the honourable Orange, on 12 and 13 May 1979 on ruml member for his role in promoting the pro­ AustraLia and on it is a photogr~h of a ject. I personally was glad to assist in Western Australiian farmer who happens to the implementation Df the extension. be the sha:dow Minister f.or P:cimary Tndustry, Peter W alsh. He doesn't look like a nut; (2 & 3) There was an allocation of $500,000 provided for the work from the I wlliJJ §ive him 1hat much; but the muSit be grant of $10,000,000 made available to an utter nut. The Leader of the Opposition the State by the Commonwealth Govern­ in tihis Pa['Marrnenrt tlalk,s a:bout his concern ment to create employment opportunities for the rural industries, but there is tihe in the Maryborough region following that Federal Opposition spokesman saying .that Government's decision to prohibit the he tis not concerned aibout risting costs. export of mineral sands extracted from Mr. Casey: It is your Federal Government Fraser Island. that is incr.easing the fuel pr~es.

53. EFFECT OF HIGH FUEL PRICES ON Mr. SULLIVAN: Well, th~t lis wlmt the RURAL PRODUCERS Federal Opposition spokesman is sa~y>ing about rising costs. I suggest to the honouralble Mr. Powell, pursuant to notice, asked the member for Mackay that he go dO'WJl ro Minister for Primary Industries-- Canberu:a and tell Mr. Walsh that he does (!) Has his attention been drawn to a not agree m1th hirrn. I sa:y again that Mr. radio interview conducted on the Aus­ Walsh is an utter nut. tralian Broadcasting Commission pro­ gramme "Morning Extra" on 30 April 54. DRUG DETECTION IN DRIVERS wherein the Federal A.L.P. spokesman o~ Mr. Vaughan, pursuant to lllQtice, asked primary industries said that he had no the Premier- sympathy for rural producers who have to pay high prices for fuel? (!) Ls it true, as reported in "Time Off" magazine, that the Queensland Gov­ (2) Will he assure this House and the ernment Medical Officer told the Australian people of Queensland that we disagree Crime Prevention Council that Queensland with the taxing structure on fuel whereby would be operat,ing the world's first dope­ so much weight is placed on those who detection unit for "Drug-Drive" motorists must use fuel because of occupation or in July? distance from major centres? (2) Is it true, as reported in this uni­ Answer:- versity-based magazi:1e, that the crucial chemical that would enable the detection (1 ~ 2) !here is no doubt that high and mcreasmg petroleum fuel prices place of marijuana was not released in the United a heavy burden on majDr users such as States until 15 April and that it is still rural producers and on other who must in ~ts experimental stage? reside at considerable distances from major (3) Did Dr. Wilson identify the system centres. I believe that we should be look­ of drug detection as EMIT (Enzyme Multi­ ing very closely at the whole complex area plied Immuno Assay Technique)? of energy requirements and usage. I am particularly concerned that escalating costs (4) Is the EMIT test a very delicate of prOifuction for our export-oriented rural one tihat some medical experts bel:ieve industries contribute to an erosion of our can go wrong, even 'IV'ithout the use of competitive position on world markets. I an experimental chemical? will continue to seek ways and means of (5) What checks have been made by easing the burden of higher and higher the Government on the EMIT system to costs of fuel. ensure that it is safe and foolproof so that one can be assured that the test will Mr. SULLIVAN: It seems that people give accurate results? on the other Slide of the House differ from the Federol Oipiposition spokesman on prim­ (6) How will tests be carried out and ary industries, Mr. W a,Jsh. I heard the what rights will apply to motorists who "Morning Extra" broadcast thwt the honour­ are requested to submit to the tests? able member refers ,tD and I heard what Mr. (7) Will he provide the House with the WaJsh had tD say. complete details of this important issue? Mr. Casey interjected. Answer:- Mr. SULLIVAN: He said that the had no '(1 to 7) Tihe Queensland Government coocern for risdng costs in rural industries. Medical Offic{l[' did discuss the detection Questions Upon Notice [3 MAY 1979} Questions Upon Notice 4541

of drugs, including cannabinoids in body existing systems. There may be a few fluids, with the AustraJ.ian Crime Pre­ special problems requiring special action, vention Council recently. but the commission is continuing its dis­ cussions with the two Commonwealth Tesitin:g of body fluids for the presence departments concerned and will take of a number of drug substances has been appropriate action in collaboration with able to be undertaken stince the Traffic them. Act Amendment Act became iaw on the 1 September 1974. Recent technological developments Wiill 56. ELECTRIC TRAIN SERVICE TO AIRPORT shortly result in the avail·ability of assay Mr. Vaughan, pursuant to notice, asked reagents foc the determinat:iOI!l of can­ the Minister for Transport- nabinoids in body fluids. The Government (!) Has his department had any dis­ analyst wil:1 be able to use the EMIT cussions with the Federal Department of system to extend the range of chemical Transport regarding the redevelopment of substances in body fluids able to be so the Brisbane Airport and, if so, has any detected. consideration been given to running an The EMIT system has been available for electric train service to the domestic and use in laboratonies over recent years, and in tern a tional terminals? lis a valuable analytical tool in the hands (2) If this matter has not been con­ of experienced scientific personnel who sidered and, having regard to the congestion are well acquainted with assessing test that will exist with the anticipated increase methods, performance and results, indud­ in air traffic, will he have such a proposal ing li.mj,tatcions. investigated and, if not, what is the reason? Pmcedures to be utHised and the rights Answers:- of motorists wtiJ1 be in conformity with the (!) Yes. Traffic Act. (2) Yes. This is included in long-term QueensJand lis the only State in the world planning. with effective legislat:ion to permit detection of drugs in drivers whose performance has given rise to suspicion of drug and/ or 57. GoLD CoAsT CITY CouNciL alcohol abuse. SEWERAGE SCHEME Mr. I. J. Gibbs, pursuant to notice, asked 55. REsETTLEMENT OF RESIDENTS the Minister for Local Government and Main DISPLACED BY A:IRPoRT Roads--- EXTENSION (1) Has a decision been made with regard to the Gold Coast City Council Mr. Vaughan, pursuant to notice, asked sewerage scheme? the Minister for Works and Housing- (2) If so, what was that declision? (!) Has his department had any dis­ cussions with the Federal Government (3) Was the Albert Shire involved in regarding the resettlement of the residents that decision? of Cribb Island and Lower Nudgee when (4) Is a model test being made construction work on the new Brisbane of the proposed ocean outfall? Airport reaches the stage that these areas (5) If so, where is this model being have to be vacated and, if so, what plans tested and when will it be completed? are in hand to resettle in Housing Com­ mission accommodation those residents (6) If it is completed, will he advise who so desire? the House of the results? (2) If this matter has not been dis­ Answers:- cussed with the Federal Government, will (!) The current programme of the Gold he take such action as is necessary to Coast City Council provides for all treated ensure that Housing Commission accom­ effluents which are not required .for modation is available? irrigation of recreation areas to be dis­ charged to the sea from a single outfall. Answer:- The location of this outfall has not been (! & 2) The Housing Commission has finally determined, the alternatives under had discussions with appropriate Com­ consideration being a long ocean outfall monwealth authorities. It is aware that off South Stradbroke Island and a shorter about 300 tenancies, of which about 50 outfall built in conjunction with a trained are original owners, will be affected. entrance to the Broadwater to discharge The Commonwealth expects to advise on the outgoing tide. Different effluent soon that possession is required in about standards would apply to the alternatives, nine months' time. There will thus be as required to meet water quality standards. reasonable working time. As commission I personally favour disposal of effluent priority systems cater for persons facing through the trained entrance, subject to eviction, it is expected that applications satisfactory financial arrangements being received soon after the Commonwealth made to cover the cost thereof. advises its intentions will be handled within (2) See answer to (1). 4542 Questions Without Notice [3 MAY 1979] Questions Without Notice

(3) Sewage effluents from par.ts of the ·In answering the question, I would say Albert Shire will be discharged into the that there is no neglect whatever in provid­ Gold Coast City Council scheme in accord­ ing medical services through both public and ance with an agreement between the two private facilities to the people of the Out­ councils. The two councils have established back. In addition, in recent years there a joint planning committee for the project. has been an extension of the services of The Albert Shire Council is thus involved the Flying Surgeon, Flying Doctor and so on. in decisions regarding the sewerage, At present, as announced recently, we are although the prime responsibility rests with looking very seriously at the provision of Gold Coast City Council. aerial services throughout the State. As I (4) Model studies are being carried out to announced a while ago, moneys have been establish criteria for the trained entrance provided for an in-depth study of bringing and an outfall associated with it. the whole State under a blanket of a number of aerial medical services, which at the (5) Some of the model studies are being present time are attended to in various ways. carried out at the Queensland Government There has been no hindrance whatsoever Hydraulics Laboratory at Deagon and some by the department or by the Government at the University of New South Wales to the Inland Medical Service's arrangement. Laboratory at Manly in New South Wales. What that body is seeking is extra money The former studies should be completed to extend some of its services. At the by the end of June. Some of the studies moment, those funds are not avail&ble. being carried out in New South Wales depend on data from the Queensland studies and may not be finally completed IRON LACEWORK, BELLEVUE HOTEL BUILDING until after June. Mr. CASEY: In directing a question to the Minister for Works and Housing, I refer (6) I am advised that preliminary studies to the serious allegations that a considerable of effluent dispersion from a trained amount of the iron lacework removed from entrance on the outgoing tide are favour­ the Bellevue is missing and, in some cases, able. However, further studies have still supposedly adorning private residences. If to be made. those allegations are wrong and the Govern­ ment has nothing to hide, why is he refusing the requests of the media to inspect the lace­ QUESTIONS WITHOUT NOTICE work under the Story Bridge, where it is INLAND MEDICAL SERVICE stored, and to make their own count? Mr. Bjelke-Petersen interjected. Mr. CASEY: In directing a question to the Minister for Health, I draw his attention Mr. CASEY: It is for the Minister for to a report in yesterday's "Townsville Works and Housing. Don't stand over him Daily Bulletin" in which the Federal now. National Party member for Kennedy, Mr. Bob Katter, Snr., accused the State Gov­ Mr. SPEAKER: Order! ernment of refusal to allow the Inland Mr. WHARTON: The Leader of the Medical Service to serve the remote north­ Opposition has raised a lot of innuendo and west part of Queensland and described this rumour, which he concocts-- action as "a betrayal of the people of the Inland". I now ask: Mr. Casey: I haven't concocted it. It is in the paper. Is he aware that Mr. Katter accuses the Government of suppressing attempts by the Mr. WHARTON: He is the greatest con­ Inland Medical Service to bring urgently coction in this House, as everybody knows. needed help to the area and expresses disgust Mr. Bjelke-Petersen: He is a dealer in at .the way in which the Minister personally stolen goods. has repeatedly hampered the medical exten­ sions that the Inland Medical Service wants Mr. Casey: Say that outside. to provide? Mr. R. J. Gibbs: Stop telling him what to What are the reasons for the Government's say. placing obstructions in the way of persons who are trying to bring better medical con­ Mr. SPEAKER: Order! I warn honourable ditions to the people in the area? members on my left that the next person who interjects while a Minister is on his feet will Will he give an assurance that in the be dealt with under Standing Order 123A. future he and his department will assist in the extension of such services instead of Mr. WHARTON: The lacework and hampering them as Mr. Katter alleges? balustrading referred to is stored by the Works Department. A photo of the material Sir WILUAM KNOX: I have not had an has been published in the "Telegraph". It is opportunity to read the article to which the interesting that the Leader of the Opposition honourable member refers. However, I am is pressing on behalf of the media to have aware of the circumstances regarding the a look at it. It is there. He should accept Inland Medical Service and the background the facts-something he has not done in his to the problem that faces it. lifetime. Questions Without Notice [3 MAY 1979] Questions Without Notice 4543

SuGGESTED CHANGE IN CoMPosmoN OF DREDGING OF BIGGERA CREEK INDUSTRIAL CoMMISSION Mr. I. J. GIBBS: I ask the Acting Minister Mr. CASEY: I ask the Premier: As he for Maritime Services and Tourism- indicated publicly yesterday that the moves (!) Could he advise me if a contract has to alter the structure and the methods of been let to dredge the mouth of Biggera operation of the Industrial Commission Creek? originated in the Department of Labour Relations, and as he indicated this morning (2) If so, who is the contractor and that a brief was presented to Cabinet from what is the area to be dredged? that department, was that as a result of a (3) Does it include the area from the request by Cabinet to produce such a brief, boat ramp to approximately 30 m and, if so, who initiated such a request in upstream, as discussed with him and Mr. Cabinet? Further, as he has referred to the Britton? considerable work-load of the industrial (4) If not, will he consider including commissioners, or to their overwork, how this area in the contract? many of the industrial commissioners laid complaints about being overworked? Mr. TOMKINS: I inform the honourable member that tenders for dredging the Mr. .BJELKE-PETERSEN: I do not know entrance of Biggera Creek close on 21 May if the Leader of the Opposition was not in 1979. The extent of dredging is dependent the ~ouse at the time or was not listening, on the tenders received and will be deter­ but If he reads my ministerial statement he mined by a survey to be undertaken immedi­ ately prior to the commencement of the will get a true idea of the facts. work. Consideration will be given to dredg­ ing the area 30 m upstream from the ramp, SUGGESTED CHANGE IN COMPOSITION OF provided the total cost of dredging this area is not excessive. INDUSTRIAL COMMISSION Mr. I. J. GIBBS: I ask the Premier: In reference to this morning's report in "The HOLMVIEW TRANSPORT PROBLEM Courier-Mail" regarding an alleged Govern­ ment assault on the impartiality of the State Mr. I. J. GIBBS: I ask the Minister for Industrial Commission, and reported com­ Transport: Could he advise if any results ments made on this issue in the commission have been received from the transit authority yesterday, does the Premier share the view with regard to overcoming the Holmview that the old saying "methinks she doth pro­ transport problem created by the closure of test too much" could perhaps apply in this the Holmview Railway Station? case? Mr. TOMKINS: The Holmview survey Further, does the Premier share the con­ has been completed and it is now being cern of several members of this Chamber assembled. In due course it will be released. that this morning's report in "The Courier­ Mail", spread over three pages and an Basically there are 28 dwellings on the editorial, with Government spokesmen secur­ Holmview Estate, five of which were unoc­ ing o~ly ten tCity of Brisbane Town Planning [3 MAY 1979) Act Amendment Bill

CITY OF BRISBANE TOWN PLANNING force of a new town plan should be able to ACf AMENDMENT BILL continue to exercise the rights conferred upon him by the granting of the permit. INITIATION IN COMMITTEE The Bill makes provision for the above (Mr. Row, Hinchinbrook, in the chair) and other matters and I will proceed to out­ line to honourable members a summary of Hon. R. J. HINZE (South Coast-Minister the more important of its provisions. Pro­ for Local Government and Main Roads) vision is made that, where a person had made (12.16 p.m.): I move-- an application to the council under the "That a Bill be introduced to amend previous town plan and such application had the City of Brisbane Town Planning Act not been decided before the coming into 1964-1977 in certain particulars." force of the new town plan, the application is to be dealt with and decided by the council The purpose of this Bill is to provide a in accordance with the provisions of the code for dealing with applications lodged with old town plan. the Brisbane City Council under the previous town plan for the city of Brisbane for the However, in deciding the applioat!ion, the use of land, the use or erection of a building council may give such weight as it thinks or other stn1cture or the subdivision of land fit to the prov,isions of the new plan. T1ili; which had not been decided by the council follows long,standing practice anthat is, before the coming In addition, certain appeals lodged with the into fmce of the new town pl!lln. Local Government Court against decisions As a corollary to this, Dhe Bill also proVIides made by the council under the previous town that the use of land or the use or erootion plan had not been determined at the date of .any building or other structure that is of the coming into force of the new town kuw£uilily commenced a£ter 2 December 1978 plan. in a:ocordance with the granting of such llJil The City of Brisbane Town Planning Act application or the upholding of such an and the City of Brisbane (Town Plan Modi­ !llppeaJ w~Ll 'be deemed to be a use that was fication) Act under which the new town plan in ex!istence or an erection !!hat was com­ was prepared both contain certain provisions menced ilimmedilately bef{)lfe that date, and dealing with transitional-type matters between the proVIisions of the plan will apply to that the old and the new town plans. However, use or erection accordingly. This means that there is doubt as to the adequacy of these an apiplioarnt who receives approv.al under provisions in the light of the circumstances t!Tis process will gain the fu11 protection af now known to exist with regard to applica­ the ploo as uf the use or erection in question tions which were pending at 2 December had been in exristence on the day when the 1978, and approvals already granted at that plan came rinto force. date but not acted upon. ·· The B111 funther provides that where, at As members will appreciate, it is important 2 December 1978, an application to subdivroe that a person who has made application to lood {)If open a new road had ,been approved the council for some form of development by the council under the previous plan but envisaged in the town plan in force at the the subdrivision had not been completed, Uhe time of making his application should have things reqUJi.red to be done 'to finalise the the right to have that application determined subdivision may be continued to be done with a minimum of delay and without being as if the old ploo were still in force. forced into the situation of having to have MembeTs will appreciate that ,there were a his application readvertised, etc., because a number of changes in format in the new new town plan comes into force before his torwn plan for the city of Brisbane Nmt application is decided. Similarly, a person came into force on 2 December 1978, includ­ who held a current permit under an existing ing alrterations in the titles of some of tJhe town plan at the date of the coming into zones into whioh land 'in the city is diVIided. City of Brisbane Town Planning [3 MAY 1979] Act Amendment Bill 4545

In some cases appLications had been made wtill do so in accordance wtith the provisions to the counci!l under the old plan for the of the old town plan, giving such weight as moluskm of lM.d in zones that no longei!' it thinks fit to the provisions of the new plan. ex:,ist under the new plan. SOme of these applications were still in the pipeline at the The present town plan for the oity of Bris­ coming into fo:r;ce of the new town plan. bane is the second completely new statutory It is necessary, therefore, to make sorrne town plan for the city, .the first plan coming provision for the complet!ion of rezoning into force on 21 December 1965. Prior pcr-ocedures in these oases. to that date land use in the city was subject to the ordinances of the council which, for Accordiiingly, the Bill provides that the many years, had provided for a system of council! will. he pe!!'mitted to deal with and obtaining permits to carry out all types of decide any suoh appLication as if the old development, other than single unit residential town plan had remalined ·in force. It furr;ther use. provides that, where the council approves We have been advised that there are dn such an .application, it may, when making existence at the present time a number of application to the Minlister for amoodment of permits that were issued by the council prior the new plan, make recommendlations as to to 21 December 1965 under its ordin­ the aherrutions that .it considers shoold be ances, or, since that date, under the old made to the applicatlion so .as to fit in with town plan, that have not been acted upon the new plan. ln other words, the counci~ and were not subjected to any time limitation will .be able to re:commend a change m the and therefore have not expired. The Bill pro­ zonli.ng to COillfor:m with the new town plan. vides that these permits may be acted upon The Governor in Council, when dellihlng 'W!iith not\VIithstanding .the coming into force of the such an appliclllttion, may make such lliffiend­ new town plan. It is considered reasonable ments otf the appLication as he thinks fit that the Brisbane City Council should be in so as to acco:rd with the new .plan. a position to revoke permits of this nature if the developments authorised thereby are As honourable members wiJ:l be raware, not brought into use within a reasonable where agreement is reached on a ·rezoning time. Accordtingly, the Bill provides for pro­ of land it is custQIIlary praiCtice fOIT a fonmal cedures by which this may be done, whilst, document to be draiWn up between the at the same .time, preserving rights of the developer and the council. This usually pro­ permit holders to commence the particular vides for the council to make application for use within a reasonable period and thereby a rezoning of the subject land in the manner gain the full protection of the town plan. proposed subject to the applicant's complving with the conditions of the agreement. • To this end, the Bill provides that, where the council proposes to revoke such a permit, :it Where agreements of ~his rullture are in will have to serve upon the person to whom fo:rce as at 2 December 1978, covering the the approval was granted and upon the inclu&ion of lands in zones lthe names of owner and occupier of the land, a notice of which were altered ill1 lihe nt?Jw plllin, iJt could intention to revoke giving them the right be .argued that the council oould not fllilfil to object to such revocation within a period of its ob!JiJmations under the agreement beoause 30 days after the service of the notice. Any the name of the zone in whiah i:t had agreed such objection must specify the grounds of to l!lpp!y to mve the land included had been objection and the facts and circumstances aLtered. Accordingly, 1the Bill provides that relied on by the objector in support of those where the Governor in Council amends a grounds. The objector may make his objec­ rezonill1g appliootJiQ[l by the oonncil so as tion in writing, or, if he so desires, he may to fit lin wtith the zone n-ame .in the new appear and be heard by the council or its plan, thllit amendment Wli:Ll not affect the delegate at a specified time and place. If vaJ.idity af any agreement .thllit had beoo no objection is lodged, or if the council, entered into between the applicant lliild the after due consideration of objections and council ill1 a;espect of the rezoning in qut'lS!Iion. hearing any objector who desires to be heard, is of the opinion that the approval should To this st.age, I oove concentrated on be revoked, the council may determine applications th'lllt had not been dealt wtit'h accordingly and notify any objector within by the BrJsba:ne Gity Council as M 2 Decem­ 7 days of the date of the determination. ber 1978. Cei!'tlllin other matte!!'S thllit are An appeal to the Local Government Court involved wtith the coming into force of the will be available to any objector who is dis­ new town pllliil need to be dealt .w£tth. For satisfied wtith .the council's determination on ex.ample, prov:tistion needs to be made for any such proposed revocation. The council, app1ica1ii0111S dooided by the conncil before the having made a determination, and provided dllite of the coming into force of the new the Local Government Court has not allowed town plan and in respect of Wlhiah an <~p~peal an appeal, may, unless the rights conferred had been lodged wi!Jh the Loca>l Government by the permit in question are substantially Court bUJt had not been decided by the comt exercised within a period of 2 years from at that dwt.e. the date of the council's determination or the court's deaision, revoke the approval at the :Ln accordaJIJJce with the practice alrell!dy termination of such period. I think honour­ enuncia,ted, the BMJ provddes that the court, able members will agree .that this is a reason­ when heaJ"IIDg and determining such an appeal, able approach. 74757-150 4546 City of Brisbane Town Planning [3 MAY 1979] Act Amendment Bill

Up until this stage I have referred to pro­ expertise and knowledge. Instead of employ­ visions contained in the Bill to deal with town ing qualified town planners, they are working planning applications and Local Government through town planning consultants. Mr. Day Court appeals that are in the pipeline when has claimed that the wage paid to a first­ an existing town plan is replaced by a new year graduate is too high. I disagree. A town plan. Similar types of situations can young fellow who has completed his course also occur when an amendment is made to at university and is now a qualified town a town plan that affects an application or planner does a very important job and is appeal that is pending at the date the amend­ entitled to a fair wage. I do not quibble ment is approved by the Governor in Council. at all at paying for good results. I am quite The Bill contains provisions to deal with certain that the results obtained from a these situations in a similar manner to the qualified town planner exceed by far those case where a new town plan replaces an obtained from a lower-paid unqualified person existing plan. who merely gives advice. The Bill is designed to enable the processing In the past, the Brisbane City Council by the council of town planning applications town planning section has done a wonderful that are in train when a new town plan job. People have seen the planning and comes into existence and to protect the nights development that have occurred under the of persons who obtain permits to develop sound management of the A.L.P.-controlled land under a previous town plan but have city council. Visitors from other parts of not exercised rights under such permits at Australia compliment the Brisbane City the time the new town plan becomes oper­ Council for the planning that it has under­ ational. I think all honourable members will taken and for the way in which the city has agree that these are necessary measures. developed. I commend the Bill to the Committee. I certainly do not know everything about town planning in the city of Brisbane. The Mr. PREST (Port Curtis) (12.29 p.m.): We Opposition is fortunate in that it has mem­ are fortunate ,to have members of the Oppos­ bers who can speak from wide knowledge ition who have had experience as aldermen and experience of town planning in the on the Brisbane City Council and are familiar Brisbane City Council. I have no doubt that with the town planning that has occurred they will participate in the debate. in Brisbane in recent years. We welcome any amendments to the Act 'that will allow The Opposition believes that these amend­ the town plan for the city of Brisbane to ments are necessary and certainly has no work more effectively and efficiently than it opposition to them. has in the past. I am certain that the amend­ Mr. LANE (Merthyr) (12.34 p.m ..): This ments being introduced today have become is an essential piece of legislation, directed necessary following the limplementation of at correcting some of the anomalies that the new town plan in December 1978. It arose because of the transition period that was unfortunate that the council had to wait exists in relation to the modified town plan. so long-two years in fact-before the new The Bill provides a basis for dealing with town plan could be implemented. Town plan­ the applications that were either in the pipe­ ning throughout the State and nation is a very line, on the table of the planning department important issue in local government. A or on the table of the judge in the Local local authority that possesses a good ,town Government Court at the time the modified planning officer or town planning department town plan was approved. That was, of course, is indeed fortunate. In the past, such an 2 December last year. officer has been a very scarce commodity. I know that a lot of people have been I can well remember that a certain local waiting since then to have their matters authority, instead of using private consult­ dealt with. There were extensive delays in ants, employed one of its own officers as approving the initial town plan, mainly a town planner. Eventually it had to go because of the inefficiency of the Labor City outside Australia to find a qualified town Council and its peculiar antidevelopment planner. Not one application was received policy, which is reflected in the way the when the local authority called for applica­ initial town plan was prepared to discourage tions. The local authority had to approach development of this city by private enter­ private consultants, who brought a town prise and to inhibit people of initiative in planner to Australia from Ireland. I am the citv of Brisbane. I see the honourable certain that he is still in Australia and doing member for Sandgate nodding in agreement. a good job. Of course, that is the reason why the The work performed by Mr. Day of the Minister, in co-operation with the metro­ Queensland University's Regional and Town politan Government members' town plan Planning Department is very useful. Booklets committee, of which I am the chairman, sent published by him and his department are the plan back to the city hall and instructed most helpful to local authorities. the council, by legislation, to produce a modified town plan. Probably there has never In many areas of Queensland, town plan­ been such an example of mismanagement in ning is carried out in something of a town planning as was represented by that patchwork fashion. That is not so in the initial town plan. The Government was fmced city of Brisbane. Some shire councils are to bring down spedal legislation to have the not able to afford to pay for town planning first effort corrected. As I said, that was City of Brisbane Town Planning [3 MAY 1979] Act Amendment Bill 4547

a plan that would only have inhibited Mr. R. J. GmBS: I rise to a point of development of this great city. In fact, order. That is a completely untrue state­ there has been a tremendous struggle going ment. I find it offensive and ask that the on for years between the State Govern­ member further withdraw the comment. ment's efforts to do something with the capital city of this young State-to allow The TEMPORARY CHAIRMAN: Order! it to develop-and the rather inhibiting The member for Merthyr has been requested policies of the city council. to withdraw the comment. However, now that we are stuck with this Mr. LANE: In accordance with your problem, I must say that I am pleased to ruling, Mr. Row, I withdraw the comment. see that the department and the city council I would like to get back to something are moving into a new era of co-operation positive that the Government is doing in in legislation to remove the 'bottle-neck and respect of the Brisbane Town Plan, without allow development to go ahead. It is quite interruptions from some of those opposite proper that applications covering rezonings, who raise these party-political intrigues. They land &ubdivision approvals or site approvals raise them at all times rather than allow us should be dealt with on the merits of the to get on with the business of Government. case and under the law that existed at the Mr. R. J. Gibbs interjected. time when the application was made. People order their affairs and make arrangements The TEMPORARY CHAIRMAN: Order! accordingly. When they make an application, I remind the honourable member for they make their assessments of feasibility, Wolston ,that, if he continues to pro­ profitability and so on according to the law voke the honourable member for Merthyr that exists at that time. Therefore, it is into making accusations, this debate will be quite proper that we make sure now that continually interrupted. I ask for some order the ground rules have not been changed in the Chamber. since the applications were made. That is what this Bill seeks to do. Mr. LANE: Thank you, Mr. Row. I could not agree more. Retrospectivity in legislation is a very bad If we were to rule off the book, as it were, thing. Those of us on this side of the on applications for council approval and Chamber who have a respect for the rule apply a new set of rules suddenly, when of law adhere constantly to that prin_ciple. applications were already in train, it would Mr. R. J. Gibbs: You have participated throw people's business affairs into disarray in retrospectivity on enough occasions in this and it would be quite unfair. This legislation Parliament without saying anything about it. seeks to stop that sort of thing. As an example of what can happen in Mr. LANE: The honourable member for these circumstances, I draw attention to Wolston has not been here long enough to certain categories of zoning. Under the know. The most famous act around this existing town plan, a hot-bread kitchen is town of the member for Wolston was when classified as a service industry. It was not he stabbed Bart Lourigan straight between in that category under the old town plan; the shoulder-blades with a 12-inch blade it was a permitted use by consent as a shop just a few years ago and had him put out under local business zoning. A person who of his job. had lodged an application for a hot-bread kitchen at that time would have found that, Mr. R. Ji. Gibbs: Go away with you. after the new town plan had been intro­ duced, it was listed as a consent use. Mr. LANE: What did he do to Bart Lourigan? Next time he is on his feet he One of the most remarkable things about can tell us what he did to Bart Lourigan; the new town plan is that it is more detailed and specific in its zonings. Even the two he can tell us how he stabbed him in the former aldermen on the Opposition side back and got him shifted out of Labor would agree with that. Under the new town Party headquarters. plan, an attempt has been made to detail Mr. R. J. GmBS: I rise to a point of the zonings and specify the uses to a greater order. I find those remarks a'bout Mr. degree. This has had the effect of putting Lourigan and me offensive, and I ask that some people into the wilderness with their they be withdrawn. applications. The legislation will correct that problem. The TEI\

member for Brisbane Central will reply plan, it was again found that the matters to to the honourable member for Merthyr, which I referred had not been adequately discuss the town planning requirements for covered because the Governor in Council had the central city area, and throw some light deleted certain provisions from the modified on the problems associated with the central town plan. They were provisions drafted development proposed by the council arising by council officers, who had given consider­ from certain moves made by the State able thought to the problems, but evidently Government. the Government understood neither the pro­ Mr. Day provided figures that showed that visions nor the problems. the population of half the towns and cities Mr. Hinze: We rmderstand the ratepayers in Queensland has either declined or of Bri!!bane. We know what they wanted. remained static since 1971. On the Darl­ ing Downs, 17 of 22 local authorities either Mr. WARBURTON: The Minister is on lost population or broke even between 1971 the spot this t1me. He is norw tryjng to and 1976. In the same period, in the remedy ,the very senious mcrst1ake thart the south-western region, nine out of 10 lost Gorverrnnent made-a mistake that may have population, while in the central west, 10 been res

of two years at"ter the gmnt~ng of show that the Government did not do its suoh consent, approVial or penm~ssion, homework and now has to repair the damage ~vhiilahevoc is the later . . . " that was done. The intent of this clause was to ensure I join with the Opposition spokesman (Mr. tha,t develblpers who hoo approval for a Prest) in indicating that we have no reason project before the gazettal of the new town for opposing the amendments. plan woce stm able 1:10 pmceed wtith that Hon. R. J. HINZE (South Coast-Minister project even tihough it may not com:ply w~th for Local Government and Main Roads) the provtisions of the new town plan. Govern­ (2.18 p.m.), in reply: I thank honourable ment membel's are sa)'1ing tha't the Brusbane members who have made contributions to the City Counoi:l has stymied develOiPffient in this debate. I think all honourable members dty. Wha,t stymied development in this appreciate the necessity for the introduction city were the senions mi.stakes that the of the amendments as a result of the period Government ml!ide in the !plan that was of transition following the gazettal of the retumed to the city. C1ause 74 was included new town plan. in the town plan to protect existing niJ~hts of deveilopers and applicants so that they I was interested to hear the speaker who would not be penaLised by ahanges in the has just resumed his seat refer to Phil plan. I am referring here to the plan tha,t Day, the Reader in Local Government and was recommended by this Government, which Town Planning at the University of Queens­ took it two years to return to the city. land. I believe that the member for Sandgate I unders!Jand that the council did recommend was a member of the Brisbane City Council some amendments to the clause, but the intent when the then Lord Mayor, Clem Jones, was aLways 1:10 protect eXJisting IligMs and dismissed Mr. Day. Since then I have approvals grunted before the town pl!an was addressed seminars at the university and quite gazetted in December 1978. Dm:ing the a good relationship has been built up between two yearn that the Government was studying the university and the Local Government 'the plan, clause 74 eVIidtmtly caug:ht tJhe Department. I can assure the honourable attention of the metropolitan Ubera,J mem­ member that I respect that gentleman's bers, becaUISe, when the p1an was gazetted, opinions. this very important saVIings c1ause was deleted I think it would be best if I were to leave in its entirety. my reply to other speakers to the second­ reading stage. It would appear that there is [Sitting suspended from I to 2.15 p.m.] general agreement to the amendments. Mr. WARBURTON: As anyone with any Motion (Mr. Hinze) agreed to. knowledge of town planning would be aware, Resolution reported. a great many applications that were in com­ pliance with the old town plan and had been FIRST READING approved did not comply with the new town Bill presented and, on motion of Mr. plan. In fact, they became null and void. Hinze, read a first time. This sorry state of affairs, which has resulted in unfortunate delays to the development of the city of Brisbane-at a time when there LOCAL GOVERNMENT ACT is a crying need for the commencement of AMENDMENT BILL projects to create employment-can be attri­ INITIATION IN COMMITTEE buted to only one thing, that is, political (Mr. Kaus, Mansfield, in the chair) interference in local government town plan­ ning matters by the metropolitan Liberal mem­ Hon. R. J. HINZE (South Coast-Minister bers. They understand absolutely nothing. for Local Government and Main Roads) Mr. Akers: That's more than you know. (2.21 p.m.): I move- "That a Bill be introduced to amend Mr. WARBURTON: For the sake of the the Local Government Act 1936-197·8 in honourable member for Pine Rivers, who certain particulars and for another interjected, I repeat it. They know absolutely purpose." nothing about town planning, and their lack This is only a short and very straight­ of knowledge has been reflected in the forward Bill, of which I propose to give matters before the Committee at present. If honourable members a brief summary at the Minister had been sensible enough to this stage. reject the so-called advice given to him by The first provision of the Bill clarifies that the metropolitan Liberal members' commit­ an officer of the State Public Service may, tee, he would now be in a much better posi­ and always could, be appointed as adminis­ tion than he is. I only hope that he has trator of a dissolved local authority, or as learned his lesson. member of an executive committee appointed If there is a lesson to be learned from this to assist the administrator with his 3idminis­ exercise, it is this: the Government should tration of the affairs of a dissolved local not condone, nor should it approve, poli­ authority. The Bill provides that an officer tical interference in town planning schemes so appointed may, and always could, hold without first making a thorough investigation such appointments in conjunction with any into the effects of the proposed changes. appointment he holds in the Public Service, On this occasion there is clear evidence to and that his rights and privileges as a public Local Government [3 MAY 1979] Act Amendment Bill 4551

servant are not and never were prejudiced (b) In securities of or guaranteed by the or affected by his appointment as administra­ State or Commonwealth Government; tor or as a member of an executive com­ or mittee. (c) In such other securities as are Honourable members will be aware that approved by the Governor in Council a number of senior public servants have been on the recommendation of the appointed in the past as administrators of Treasurer. dissolved local authorities, and this provision is necessary to legally clarify the standing, It will be noted that the enlarged forms rights and entitlements of officers in this of investment are of a gilt-edged nature and situation. Examples are the appointment of Mr. these investment opportunities should be J. A. Sewell (as he then was) as Administrator welcomed by local authorities. of the then town of Thursday Island, the A further amendment contained in the Bill appointment of the late Mr. Ken Brown provides for the situation where a successful as Administrator of the shires of Aurukun candidate at a local authority election dies and Mornington Island, and the appointment on or after polling day and before the date of Mr. J. H. Andrews, Deputy Commissioner of declaration of the poll. Members will be of Main Roads, as Administrator of Gold aware that this situation occurred in the Coast City. recent triennial election of chairman and mem­ The Solicitor-General has drawn attention bers of the Pine Rivers Shire Council, when to section 44 of the Public Service Act, a successful candidate for the office of mem­ which provides that, unless it is otherwise ·ber representing Division 3 of the shire, the provided in the conditions of his appoint­ late Mrs. R. J. Tebby, died after polling ment, every officer of the Public Service day, but •before the declaration of the poH. shall devote the whole of his time during After obtaining ·legal advice, the council prescribed working hours to the performance declared Mrs. Tebby elected and it sub­ of his official duties, and shall not perform sequently sought my approval to the holding or engage himself to perform remunerative of a fresh election to fill the vacancy. work outside the Public Service without The Act does not presently provide for the sanction of the Minister on the recom­ the holding of a fresh election in these cir­ mendation of the Public Service Board. The cumstances and, in fact, it contains no specific Solicitor-General has presented the view that, provisions for dealing with this eventuality. having regard to the provisions of the Public It is considered that the legislation should Service Act, there could he doubt whether contain such provlisions and, accordingly, .the a public servant may lawfully be appointed Bill provides ·that a candidate may be declared as administrator. Honourable members will elected notwithstanding his death on or sub­ appreciate that it may well be desirable to sequent ·to polling day. appoint a senior public servant as adminis­ trator of a dissolved local authority, and it In such circumstances, the local authority is therefore appropriate that the Local is empowered to resolve, at its .first meeting Government Act be amended to provide for after the election, either to fill the vacancy such action, and to remove any doubts or by the appointment of a qualified person difficulties that may be presented by such a or to hold an election to fill the vacancy. situation. Any such election will require to be held A further provision of the Bill authorises on a Saturday appointed by the returning the Governor in Council to recover from a officer within two months of the local dissolved local authority the cost of adminis­ authority's resolving that an election be held. tering it during the period of its dissolution. The roll for the election will contain the The decision whether the cost should be names of all electors enrolled on the relevant recovered is left to the discretion of the State electoral roll not later than 30 clear Governor in Council, who is vested by the days before the date of the election. Act with power to dissolve a local authority. The Bill provides that the amendment W!ill Before reaching such a decision, the Governor be deemed to have come into force on 30 in Council would, no doubt, take into March 1979 and for the holding of an elec­ account the grounds upon which the local tion to fill the vacancy in the office of mem­ authority was dissolved, and all other rele­ ber of Division 3 of the Shire of Pine Rivers vant factors. caused by the death of Mrs. Tebby. Another amendment contained in .the BiJI The final provision in the Bill wilidates the is designed to widen the powers of local payment from the Main Roads Fund of authorities to invest moneys that are tem­ salary payments made to Mr. J. H. Andrey.rs, porarily surplus to their requirements. The Deputy Commissioner of Main ~oads, dul11?g law presently enables local authorities to the period he performed ~he duties of admi~· invest moneys with authorised and approved istrator of Gold Coast City. Under the Mam dealers in the short-term money market. Roads Act moneys paid to the credit of the Other secure forms of investment are avail­ Main Roads Fund are to be applied towards able and we feel that local authorities should the payment of expenses necessarily in~urred be able to avail themselves of these types in the administration of ·the Act and m the of investments. performance of acts and things which the The Bill accordingly provides that a local Commissioner of Main Roads is empowered authority may invest moneys-- or required by the Act to do or perform. (a) On deposit at a bank; The Solicitor-General has advised that, since 4552 Local Government [3 MAY 1979} Act Amendment Bill

Mr. Andrews was occupied full time in carry­ Mr. Akers: That is precisely what they ling out his duties as administrator, it is don't want in this case. necessary to validate salary payments that have been made to him during the term of Mr. PREST: I am just putting these his appointment as such. So that the Main propositions forward. Roads Fund is not depleted, arrangements Mr. HINZE: I rise to a point of order. have been made to reimburse it for the salary There was an interjection from the member payments in question. for Pine Rivers, which gives a quite erroneous I commend the Bill to the Committee. view. A request came to me from the Pine Rivers Shire Council, requesting the inclusion Mr. PREST (Port Curtis) (2.28 p.m.): The of this provision in the Bill. I am acting on Minister said in his introduction that this is that request. a straightforward Bill. I think, by his remarks, that he was trying to indicate that it need Mr. PREST: Under the Local Government not be debated at length. However, I am of Act the aldermen or councillors, in their the opinion that it is a very important Bill. wisdom, may appoint the next person in line If a local authority has money to invest, it if a vacancy occurs during the term of a should be allowed to do so and obtain a council. Finally, the aldermen or councillors return in the form of interest. It should be can use their discretion, that is, call for allowed to obtain the best deal it can. When nominations and appoint a qualified person. a local authority is handling public money, There are three or four different ways in the investment should be made only in loans which an appointment can be made to a guaranteed by the Government. Therefore local authority. we have no opposition to offer in this regard. We would like to see in the Act uniformity I would, however, not like a local authority regarding the appointment of people in the to be able to go outside its area and invest event of a vacancy occurring on a council. its money there simply because, although good When the Bill is printed, we will be able to security is not offered, ·the interest rate is study it and put forward our views at the higher. We have no opposition to the local second-reading stage. authority's being able to !invest in loans ·that One of the most important amendments are Government guaranteed. that we are making today refers to the The second proposal in the Bill refers to the appointment of a public servant as an very sad oase concerning a candidate who was administrator of a local authority that has successful at the recent Pine Rivers Shire been sacked by the Governor in Council. This local authority election. I am sure that her circumstance arose with the sacking of the untimely death was to some e:>Ctent caused Gold Coast City Council in February 1978 by the pressures that are applied to all can­ and with the appointment of Mr. Andrews didates who offer themselves for election to as the administrator of that local authority. a State Government, a Federal Government I have the greatest admiration for the work or a local government. Work in those fields that was done by Mr. Andrews as Adminis­ does bring pressure. trator of Gold Coast City. That view is Other problems can arise if a person is shared not only by me but by the people suffering from an illness, such as asthma or who live in the area. high blood pressure. Unfortunately, this We are not saying that a public servant may have been the case with this lady. I should not be appointed as an administrator extend my sympathy to her family. We of a local authority, but we are saying that hope that the amendments that we are the Minister should appoint the best adminis­ making to the Act by this Bill will not have trator possible to administer the local to be acted upon. authority and to rectify any problems con­ We should be looking for uniformity in nected with it. We in this Assembly were the provisions relating to the making of never told all the reasons why the Gold appointments to councils or the calling of Coast City Council was sacked. We read fresh elections. At present there are various where Mr. Andrews was asked to investigate ways to elect people to councils. Amend­ two important areas, Sir Bruce Small Enter­ ments in this regard were made to the Act prises and Auerbach Investment Pty. Ltd. last year. Under this Bill, a fresh election He also was asked to investigate conditions may be held within a period of two months, imposed on Coombabah Investments in and the people who will be entitled to vote relation to a subdivision on the Gold Coast, in that election will be the electors on the and I believe that Alderman Hoepner was roll 30 days prior to the date of the election. involved in that subdivision in some way. We go along with that, although a fresh The first investigation was carried out in election will involve the local authority in the correct manner. Bruce Small Enterprises the additional expense of conducting another and Auerback Investment Pty. Ltd. had election. lodged a bond of $136,100 towards the cost We have to look at what happens when a of a bridge to go over a canal on Ashmore successful candidate dies .between polling day Road. A subdivision was being carried out and the declaration of the polls. Perhaps it in that area, and the Opposition understands may be possible to have a recount and choose that the area was flood-prone and that a the person who polls the next highest number canal or some other form of drainage was of votes. necessary. In fact, the canal was going to Local Government [3 MAY 1979] Act Amendment Bill 4553

be the drainage system, and the bond of In the last 12 months or so we have seen about $136,000 was asked for because the people discontented with a council, and bridge on Ashmore Road was part of the changes have been made. For instance, at the subdivisional work. recent triennial local authority elections massive changes were made to the composi­ However, the Main Roads Department did tion of shire councils throughout the State. some work on Ashmore Road and the bridge Labor councils were returned in Brisbane, became unnecessary. I understand that canals Ipswich, Maryborough and Townsville. were not allowed in the area, either, and I However, in the Livingstone Shire, where we believe that some other form of drainage was were told that the people were 100 per cent necessary there. It is very obvious that the behind the council for the work that it was bond was lodged for one reason, that is, the doing, the people did not agree with the construction of a bridge, but the bridge was underhand way in which the Livingstone not constructed. Nevertheless, a bridge may Shire Council entered into an agreement with have to be built in the dip on Ashmore Road the Government and Iwasaki. Members of in the future, and it may have to be built that council were given a trip to Japan in at the expense of the Gold Coast City gratitude for their co-operation, but on their Council. return the people decided to turf half of I believe that the people who lodged the them out. Those defeated included the chair­ bond with the Gold Coast City Council for man, Mr. Wall. That illustrates that the part of the subdivisional work were refunded people cannot be hoodwinked forever. Every their money. That is fair enough; to me, it three years they get the opportunity to cast appeared to be a technicality. But if the their votes for the representatives they want. bridge and the canals had not been shown Mr. Hinze: What about the mayor of in the plan of subdivision, the council may Gladstone? He did a good job, didn't he? have been looking for some contribution towards the cost of underground drainage­ Mr. PREST: I can assure the Minister that for example, Hume pipes or earthenware it is too early in the day for jokes. I am pipes. Again, drainage may be necessary talking about shires at the present time. at some time in the future. I understand that I am illustrating the discontent with shire virtually all the allotments in the subdivisional councils that the people displayed during the area have been sold, and I am certain that recent local authority elections. The chair­ the subdivider, in setting a price for the allot­ man of the Miriam Vale Shire Council was ments, would have made allowance for his not re-elected, and he had been the chairman contribution of $136,000. Now that it has for nearly 30 years. Mr. Tom Acton was been refunded, I am sure that he has not another chairman who, after many years of refunded $2,000, $3,000 or $4,000 to each good and faithful service, was not returned. person who bought a block of land. That was Mr. Hinze: Atherton? one of the reasons why the administrator was appointed. In the case of Coombabah Invest­ Mr. PREST: I do not know about Ather­ ments, conditions that were imposed seemed ton. I am speaking of places where major to be more lenient than those imposed on changes were made to the composition of other subdividers. shire councils. Many of the council members who lost their seats had given many years As I said earlier, Mr. Andrews did his of service. job well and people on the Gold Coast have Mr. Frawley: You won't have to worry; said that they are quite satisfied. I do not you'll be out yourself after the next election. agree with Sir Bruce Small's criticism of the administrator. He wanted to remain mayor Mr. PREST: I always worry about elections. of the Gold Coast. This Bill is a very important one. We Mr. Hinze: He thought he was going to be agree that it should be printed because it the administrator. is similar to other validating Bills that the Government has recently introduced follow­ Mr. PREST: He thought he was going to ing the appointment of an administrator and be the administrator; but when he was not then finding that under the Public Service appointed, he wanted to be allowed to con­ Act it was not lawful to appoint a public tinue as mayor of the Gold Coast. He was servant to that position. If we can correct the one calling for the sacking of the council such anomalies, we should all benefit. because he thought he was so good and so Mr. AKERS (Pine Rivers) (2.45 p.m.): well in with the Government that he was Members of the Opposition may be content going to be looked after. Unfortunately, to have the Bill printed; I am not. A very when the axe fell, it made a clean sweep. basic principle of the coalition agreement in I congratulate the Minister on the way he Queensland is being broken this afternoon. handled the matter on that occasion. Whilst The Bill, in part, has been approved by all I do not believe in lightly sacking councils of the normal procedures laid down in the and replacing them with administrators, I coalition agreement and involved in the realise that at times it is necessary for this way that the coalition works. The most to be done so that the affairs of a council important part of the legislation is a bit can be straightened out by an impartial that has been slipped in by the Minister to expert who knows what he is doing and who suit some National Party people in one is not afraid to do what has to be done. little part of Queensland. 4554 Local Government [3 MAY 1979] Act Amendment Bill

This Minister is one who demands loyalty that a person who wins an election is coun­ from the back-benchers on the Government cillor for the area he or she represents side. To the Minister and to the Premier, from the closure of the polls. So Councillor "loyalty" apparently means subservience. All Tebby was a member of the Pine Rivers of the so-called coalitionists demand the loy­ Shire Council from 6 p.m. on Saturday, 31 alty of all back-benchers to Cabinet, to the March. It is humbug •to claim that this ministerial committees and to the joint Gov­ move is being made because she died before ernment parties. the poll was declared. It is a cover-up to Mr. R • .J. Gibbs: What are you? Are you try to stop the council of the Pine Rivers a coalitioaist, or aren't you? Shire from having its say. Mr. Davis: Didn't you discuss this with Mr. AKERS: I am very much a coalitionist Mr. Hinze? I thought you two were dis­ in the true sense. cussing it in the lift the other day when I Mr. R. .J. Gibbs: Then stop having 50c was in the lift with you. each way. Mr. Hinze: It wouldn't make any differ­ Mr. AKERS: I am not having 50c each ence if you talked to him all day and all way. I am simply stating how I feel because night. a basic principle of the coalition is being broken here. Mr. AKERS: The comment that the Minister has just made is typical of his The Bill contains a provision that has attitude to Liberal Party back-benchers. He never been near the ministerial committee will never listen. or the joint Government parties. In fact, from the talk that I have heard around the Councillor Tebby died in office. She should be replaced by the council in the normal place, I gather that the only p~ace it has been to is Cabinet and the NatiOnal Party way. If the Government proposes a change meeting room. So much for coalition to that system, it should go through the normal procedure. Every Government back­ harmony in Queensland! There are suppose~ .to be discussions going on now about coali­ bencher should have some say in what tion harmony. What do we find? A basic happens. These are the very people who are principle of it is being totally ignored in ranting and raving about Liberal Party mem­ the introduction of this measure. bers exercising a reasonable right to have some say outside the joint Government Up till a ~ouple o~ years ag~,. Bills w~r~ parties; yet here the provisions of the agr~e­ simply not discussed m the ~oalit10n I?artles ment between the joint Government parties rooms. Today, Bills are diSC!fSSed m the are totally ignored. This is a basic defaulti~g coalition parties' rooms. In th1s case, how­ in the coalition agreement. I for one Will ever it was discussed in only one party's not be voting for the introduction of this roo~. The Liberal members of this Parlia­ Bill until it has gone through the normal ment were never given a chance in any com­ procedure. mittee or in any joint party room to comment on it. I do not relieve that this provision is neces­ sary. The Minister says that the council This Bill is another good example of what has asked for it. Let us look at the record the eYents of last Tuesday week are all of his dealings with the council. Befor~ about. Apparently at least one Minister. has Christmas, the Pine Rivers Shire Council ignored what occurred. then aJ?-d has d~c1ded voted to ask for an equitable redistribution to go straight ahead With the m~rodu~t10n ~f of the shire. What happened? This Minister this measure. I am not speakmg like th1s took a submission to Cabinet. Cabinet, on without having told him about it; I spoke his submission, knocked back that request, to him before he commenced his introductory with the result that a 10 to 1 gerrymander speech. But he refused to take any notice. remains in the Pine Rivers Shire. One of The provision as read out by the Minister the reasons why Councillor Tebby was elected changes that for the replacement of a council is that that gerrymander existed. If there member who dies or retires from office. Up had been a redistribution, there would have till now such a member has been replaced been only one representative for the area by the ~ouncil. In the case of the council in which she was elected. that we are talking about here, the member The Minister now makes the excuse that has always, with one exception, been replaced the council has asked for this; so we are by a person from the same group or the same going in the other direction, because it suits party as that to which the retired or deceased those same National Party people in Dayboro. member belonged. That was done with The options of how a councillor may be full agreement of the councillo~s from !h.e replaced are clearly set out in the Local division, because the members m the divi­ Government Act. If that principle is to be sion have to work together. The only excep­ changed, I want it change~ under the normal tion occurred about eight or nine years ago procedures that the coalitton agreement calls when a Labor member replaced an Inde­ for, not under this humbug method that has pendent. been used here today. This Bill is being introduced because Councillor Rosalie Tebby died between the Mr. K. .J. HOOPER (Archerfield) (2.53 closure of the polls and the declaration of p.m.): Let me say at the outset th.at ~he the polls. Anyone with any legal knowledge Opposition has had a gutful of va.li~atmg and without political bias would understand legislation to protect Government Mm1sters. Local Government [3 MAY 1979] Act Amendment Bill 4555

We have had other validating legislation 'The city's ratepayers seemed to have introduced to protect numerous Ministers lost almost a million dollars in the year of and back-bench members of this Assembly. which he speaks and which he controlled The basic purpose of this Bill, as I see it, the city's resources.' is to validate the appointment of John 'Is this intended to mean that in our Andrews, a senior public servant, as the case it was a last resort?' asked Mr. Administrator of the City of Gold Coast. Hollindale. It is quite obvious to all honourable members 'This is hardly supported by the words that the Government does not do its home­ of the Minister for Local Government to work. Today we have to waste the time of Mr. Bruce Bishop (Liberal, Surfers Para­ the Committee with validating legislation to dise), Mr. David Lambert and myself on protect a former administrator of the City of the eve of the decision to dismiss council. the Gold Coast. I make it quite clear that 'I asked the Minister, "why are you the Gold Coast City Council should not have doing this?", and he replied, "I intend to been dismissed iast year. It was dismissed for dismiss the council and put in an Adminis­ cynical reasons, as the Minister well knows. trator to clean up the mess", to which I Three months after that dismissal, I related replied, "What mess?" and the Minister to the Parliament the approval of a contro­ answered, "I don't know!" versial rezoning of land owned by Russell 'I ask you, is that a statement from a James Hinze at Burleigh Heads. I have responsible Minister that the stage of the related that to honourable members on last resort had been reached? I cannot numerous occasions. It is fairly old hat to agree that it is so, and I would think reiterate it here today. Nevertheless, it was no-one else would either. true. 'When Mr. Andrews interviewed me in It is no wonder the people of Queensland, the chambers of the council concerning the and in particular the residents of the Gold matter of investigation, he told me three Coast, are completely disillusioned with the things he was asked to investigate and chicanery of this State Government. This report upon: feeling is shared also by a former National 'The question of return of certain bonds Party alderman on the previous Gold Coast to a developer, City Council, Alderman Alan Hollindale, who 'The standard of drainage of certain is a prominent member of the National Party lands by a developer, and the former best friend of the Minister for Local Government. 'Whether the council had acted properly in respect of a sub-division at Coombabah.' " Mr. Hinze: Still is. Later I shall relate who the developer is and Mr. K. J. HOOPER: No, he is not. If what took place. the Minister is a little patient, I will tell I should like to pose a question to the him why. Minister. What expenses were incurred in I want to make it quite clear to the Minis­ appointing Mr. John Andrews as Adminis­ ter that I do not intend to demean the trator of Gold Coast City? Even though decorum and dignity of this Chamber by one of the departments will now pay his engaging in a slanging match with him today. salary, how much will the Gold Coast rate­ What I have to say today is of great payers have to fork out to pay for his importance to the people of Queensland. luxurious accommodation expenses at the Golden Gate skyscraper at Surfers Paradise, I now want to quote from the "Gold Coast and what other expenses will the poor old Bulletin" of I May 1979 under the caption, ratepayers be asked to meet during his term "Andrews was less efficient than former as Administrator of Gold Coast City? These council." The article reads- are the questions I should like the Minister " 'The Gold Coast Administrator, Mr. to answer in his reply. John Andrews, did not run the city very efficiently during his term of office,' Mr. Mr. Hinze: The answer is, "Nothing". Alan Hollindale said yesterday. Mr. K. J. HOOPER: I shall be interested " 'In fact, Mr. Andrews was less efficient to hear the Minister's reply. to the tune of nearly $1 million than the sacked council,' he said. The introduction of this Bill gives me once again the opportunity to outline the corrup­ "Mr. Hollindale, who was Finance tion and widespread abuse of the law that Committee chairman of the dismissed is rife in land subdivision on the Gold Coast. council, also questioned Mr. Andrews' The land in question this time is Benowa impartiality. Waters, Stage II. It will come as no surprise "He said public statements Mr. Andrews to honourable members to learn that this had made in Brisbane since leaving the estate is owned by none other than our old Coast were inaccurate and extremely friend Sir Bruce Small. misleading. I table a copy of a report of a sub­ "Mr. Hollindale said he thought the committee meeting on works matters on the 'innuendoes and vilification' would have Gold Coast, dated Wednesday, 28 March come to an end once the new council 1979, at 2.30 p.m. was elected. Whereupon the honourable member laid " 'I note that this is not to be,' he said. the report on the table. 4556 Local Government {3 MAY 1979] Act Amendment Bill

From that document honourable members 1976 my concern about an art union con­ will see the heavy hands of the Premier and ducted on a non-existent block of land on the the Minister for Local Government at work Isle of Capri by this noble knight of the to assist one of their valued and wealthy realm, Sir Bruce Small. backers. The canals for Stage II of Benowa Waters were dug illegally in 1973-I repeat The TEMPORARY CHAIRMAN (Mr. that they were dug illegally-and the council Kaus): Order! I must remind the honourable at that time issued a stop-work order. The member that this is not a Bill about Sir order contained the wrong property descrip­ Bruce Small. I ask him to get back to the Bill. tion and the wrong contractor's name, so the Mr. K . .J. HOOPER: With respect, Mr. action was rendered ineffective. Heavy pres­ Kaus, it is germane to the subject under sure was then placed on the Gold Coast City discussion. If you will bear with me for Council in its last few weeks of office to about two minutes, I think you will agree. have this matter resolved before the incom­ The proceeds of this raffle were supposed ing council took office. to go to charity. In all probability, the Page 2 of the document I have tabled, charity would have been the Sir Bruce Small under the heading, "Reference subdivision benevolent fund. The winners of the non­ engineer, 27 /3/79" clearly states that by existent raffle were supposedly called, "The Cabinet decision no development is to take Totties" of Alverston, Somerset, England. place. On page 2 of the document, the The minors were two young girls called lines that I have underlined, in effect, state Marian and Ruth Hawkins. At the time I that pressure has been put on the Gold Coast made the speech in this Chamber the girls City Council to agree to the subdivision had not been given their prize. There was before the new council is sworn in. There a subsequent cover-up by the Government are no prizes for guessing just where the to protect this ignoble knight. I repeat pressure came from to have this matter what I said then-if there had been any sense speedily settled. The recommendation on of justice or fair play in the Bjelke-Petersen page 7 now takes away from council any Government, Sir Bruce Small would have further decision-making powers and leaves been stripped of his knighthood and criminal it in the hands of the Minister for Local charges instituted against this octogenarian Government to recommend to Cabinet. In con man. layman's terms, the Premier and the Minister Mr. R . .J. Gibbs: And his onion supply for Local Government can now do the job cut off, too. for Sir Bruce Small. It gives Sir Bruce Small an open go through Cabinet. Mr. K • .J. HOOPER: Yes. On page 7 of the document we clearly It is high time that there was a royal see that recommendation A of the sub­ commission into the land activities of Sir division engineer has been deleted. This now Bruce Small. I will give 10 terms of reference clearly shows that Cabinet will have to for starters. Over the years Sir Bruce Small reverse a previous decision, which stated has been able to escape- that development could not proceed. I have !. Sewerage on the Isle of Capri. no doubt that this development will happen. 2. Release from 50 per cent of the lighting The Liberal Ministers in this Cabinet will on Isle of Capri Bridge. not stand up to the Premier on this matter. We ask ourselves why. I say for the very 3. Construction costs of bridge over Back­ simple reason that this Parliament was forced water Creek, Isle of Capri. to pass legislation to save the political hide 4. Contribution toward costs of new bridge of the Deputy Premier and also of the about to be completed, 10 years late, Minister for Survey and Valuation. The over Bundall Road to Rio Vista. Premier has the Liberal Ministers tied and 5. Construction share of bridge at Ash­ bound. They will vote to legalise Sir Bruce more Road near mineral deposits. Small's land developments. 6. Corrupt auction of land at Benowa to Another question I would like to pose dummy companies which resulted in is whether there are any other land develop­ an inflation of prices which prevented ments on the Gold Coast or in the Albert the highway going ahead as planned. Shire that have not received approval. If Mr. Davis: I remember that one well. so, will they receive the same favoured treatment as Sir Bruce Small from the Mr. K. .J. HOOPER: Most honourable Premier and the Minister for Local Govern­ members remember it. The terms of refer­ ment? ence continue-- On another page of the document that I 7. The subsequent transfer of land back have tabled, under the headins "Sir Bruce to Small,. some years later, at the same Small Park", we see from the recommenda­ value oh which no stamp duty was tion that work is again being done without paid. the approval of council. He was supposed That is something of which the Treasurer to have done this work in the agreement should take notice. They continue-- of 28 December 1977. Are there no ends S. The revaluation of this land to prices to the illegal activities of this man Sir welJ below market value and in some Bruce Small? Honourable members will instances to a rateable value lower than recall that I related to the House in April the council's minimum rate. Local Government [3 MAY 1979] Act Amendment Bill 4557

9. How many phone calls has the Premier olf an obvious oonflict of interesbs. Tn and his senior officers made to the iintroducing the B~11, the Minister said thiat Administrator in recent weeks about itt makes provision for the replacement of a Small's development. councillor of the P~e Rivers Shire who, 10. How many calls has the Minister for urnontunately, died before the polls were Local Government, or his senior offi­ declared. cers, made to the Administrator on this Woot I intend to refer to now, Mr. l()a,us­ same matter. it is germane to the Bill-is the conflict of ·I suggest that the answers to those 10 points mterests olf land developers stitting on locaJ aLone would prove moot revelaJ1illlg. Only lby counaiJs. I refer to a company known oo way olf a royal oorrnmiJSsion, Mr. Kaus, wtil:l GoleJby Pty. Ltd., which is involved in the we ever get at the ·hue £acbs. ~e of land classed as a drrunage problem The real reason why the Minister for LCJlcail arm for which no building permits were GOIVernment sacked the Gold Coast City issued. I am say001g ,thwt tlhait company played Council is now patenilly obvious. There was corporate crime musical chairs with the a confhlct be1Jween the mayoc and the collll11C:Wl, land. Those involved were Ferny Grove and it is easy to see why. The mayor olf Estates Pty. Ltd., Goleby Pty. Ltd.-- tlhe council .a1 that time, Sir Bruce SmaJl, The TEMPORARY CHAIRMAN: Order! wanted to use the ooUJ!laiJ as his own personail I have already asked the honourable member verucle to get his own subdiViisions and land to come hack to the provisions of this Bill. development schemes wpproved. Recently Sir Bruce SmaLl was quoted in Mr. K. .J. HOOPER: llis is tlhe intro­ "SUllldlay Sun" as stating tlhat he had given ductory stage, Mr. Kaus, and the BiLl deaJs $100,000 to chrur~ty. with locwl government. I am deailiing Wlith local govemrrnent milltters. The TEMPORARY CHAIRMAN: Order! The honourable member will come back to The TEMPORARY CHAIRMAN: Yes, the motion. I have been very patient with "in certain par,ti:cuLars". him. Mr. K . .J. HOOPER: "In oentruin par­ Mr. K . .J. HOOPER: I arm COII!lling back to ruculiars and for allOitiher purpose". Wlibh the Bill, Mr. K1aus. Thtis relates to tlhe respect, Mr. Kaus, I suggest that I am Grud Coast City Coun<::i~l. Why would not correct. Siir Bruce Slmru! give $100,000 to the Nartiional Party? The NationaJ Party has helped him The TEMPORARY CHAIRMAN: The make at least 100 times that amount. That honou.ra~ble member is not. rruses an interesting point. How much did he pay for his knighthood? Mr. GOLEBY: I rise to ·a potint Olf order. By way of eXJIYtanation, I pomt out that the Mr. Davis: I say $40,000. na.me of the company ment~oned by the Mr. K . .J. HOOPER: At least $40,000. It honOlJJTaJble member oounds very simtilar to was qmte ob'ViiDus to me vken the Mtinister my ruarne. mtroouced the Bitll-- The TEMPORARY CHAIRMAN: Order! The TEMPORARY CHAIRMAN: Order! Lf tlhe honoU111aJble member objects, the hon­ 'I'ha.t hias nothiing to do Wiith the BiiJJI. I ourl!Jble memlber for Archerfiel:d wihl wi~h­ ask the honouraJble merniber to get back .to dmw the remark. the ask him prOIV.istions of rthe Bihl or I Wlill Mr. K . .J. HOOPER: At the moment, Mr. to resume hls seat. Kaus, I have not menmoned the honoura~ble Mr. Sullivan: ThaJt is mght; take mm on. merrn1ber by name. He is a big tidliot. Mr. Prest: I thiink you have a gui!Lty Mr. K • .J. HOOPER: I Wlihl take tlhe inter­ consoie:ooe. jecttion from the Mintister for Pi'ti!lllJary Indus­ tmies. As I have sruid before ~n this Clhamber, Mr. Goleby: I have oot. if he had another bra-m ~t would be lonely. The TEMPORARY CHAIRMAN: Does Lt was qUiite obvious to me when the the holliOmaJble mem,ber for Re

The TEMPORARY OHAIRMAN: Does invest loan moneys in interest-bearing deposits the honoura:ble member for Re!dlands ask until such time as they are ready to spend the that bhe honou11aJble member for Archer:field loan money. I think the Minister put up a withdmw that name? very good case, but I will check the Bill when it is printed. Mr. K . .J. HOOPER: Mr. Kaus-- The unfortunate death of Mrs. Tebby was The TEMPORARY CHAIRMAN: Order! discussed. She passed away before she was I ask ~he honoma1ble member to resume sworn in. I will touch on that matter later. hiis seat. The honourable member for Pine Rivers Mr. GOLEBY: If the reference is to said that the Bill was not discussed by the myself or any member of my family, I ask Liberal Party. That is a shocking state of that it be withdmwn, because there is no affairs. The honourable member for Pine such oompany. Rivers is on the local government committee, so why are members of the coalition not The TEMPORARY CHAIRt\1AN: Order! working together? It is offenslive to the honoura,ble member. Mr. Vaughan: The Liberal members are Will the honourwble member for Aroherfield only there to make up the numbers. withdraw it? Mr. KRUGER: Is that the situation? It Mr. K . .J. HOOPER: Lf it is offensive, I is starting to look that way. We will see will! withdraw it. Let me oontinue, Mr. Kaus. what happens as events proceed. It appeared Another company called Hooker Industries last night that the Liberal members would P.ty. Ltd. is involved, a,nd I wiH give honour­ go along with the Na.tional Party members a,bie members a descdption of the la,nd. It on the water board Bill. Now the honour­ is lots 146 and 147 on registered plan No. able member for Pine Rivers says that he is 133633. The land was sold to Mr. W. A. not happy with this Bill, so it is going to be Niool, 41 HeiTCules Street, Sunset, Mt. Isa, interesting to see what the attitude of mem­ a,nd it is completely wortrhless. bers of the Liberal Party will be as the debate The TEMPORARY OHAIRMAN: Order1 proceeds. I have warned the honoura:ble member twice. The TEMPORARY CHAIRMAN: Order! I now ask him to resume his soot. I trust that the honourable member will Mr. KRUGER (Murrurnba) (3.9 p.m.): I soon start talking about the Bill. enter the debate ro ooouss b11iefly a few of Mr. KRUGER: I thought I was doing pretty the points made iby the Minister. He men­ well, Mr. Kaus. I am about to come to a tioned the appomtment of a,n officer of the point that I think will be very interesting and Public Servrnce as an admill!istra,tor to look will make a few members prick their ears. after the interests of a shire in the event I shall tell the Committee what th:is Bill of the sacking of a council. Councils have is all about when we come to look at the been sacked, and .honoura:ble members Tebby affair and the unfortunate situation know that sooh pr~is-ions are necessary so in Dayboro. I believe that this should have that a,n adminiSitmtor ca,n be appointed if been oovered in the Bill. I cannot under­ for any reason a 'OOuncil is sa:cked. I tmst stand whv the Government has not thought that the Minister does not make it a regular of covering the possibility of this situation event. I hope the situation never arillses arising. After all, it has covered most other where a nasty t~pe of looaJl GovernrrnerrJJt aspects. If somebody has been sworn in and Minister oould, if he so desired, become then passes on, the council has the alternative pm"!)rioking enough •to sl~p in an adminas­ of selecting somebody if it chooses. In most trwtor so that he could get the ty.pe of cases it tries to be fair and selects the type control ;Dhat he w

on the council at present, that person would be too long before the Minister is looking be a member of the Liberal Party. If, how­ at that shire and appointing an administrator. ever, the council goes to the polls, as the There will be so much disharmonv within Minister wants it to be allowed to do, a the political ranks in the shire that he will National Party member will be elected. So have to take a look at it. that will be two, plus the three who are Mr. Akers: You are sour because the suspect, which gives a total of five. That Labor Party did not win one seat. gives a distribution of five-all. One thing to keep in mind, however, is that one of the Mr. KRUGER.: That is just another Liberal Party members also holds a National example of the honourable member's grand­ Party ticket. standing. I believe that the Minister is hoping to There will not be much of an attempt to obtain the balance of power in the near stop the introduction of the Bill. The Deputy future by putting pressure on that person, Premier and Treasurer was on the back as he has done in the past with others, so bench trying to cool down the member for that he can get a six to four distribution. Pine Rivers so that he will not interfere I believe that is the whole motive behind with the introduction of the Bill. He probably the inclusion of this provision in the Bill. said to the honourable member, "Listen, We have become very suspicious of this Rob, just sit there and cop it, mate, because Minister because he has shown us in the we haven't got the numbers." past that he is ruthless when it comes to Mr. FRAWLEY (Caboolture) (3.18 p.m.): local government affairs. He has tried to I did not intend to participate in the debate, downgrade the Brisbane City Council and but because of some of the statements made he has tried to white-ant his way into the bv the member for Murrumba I feel I must little country areas, where the towns are take part in it. I want to state here and now still small enough to give him support. He so that everyone can hear it that a couple picks people from here and there so that he of years ago I personally took a deputation can gain that support. As an Opposition from the Caboolture Shire Council to the member said earlier this morning, the Labor Minister for Local Government asking for Party is very strong in the bigger towns. exactly the same thing. In the past three The Liberal Party has succeeded in having years, in Caboolture one member, Councillor a few members elected here and there. The Fern, from Bribie, passed away, and two Minister is now trying to sa1urate the local others from Bribie resigned. A number of authority with a lot of members, thereby Bribie Island people, including a strong gaining the balance of power in the same A.L.P. supporter, came in to see the Minister way as the National Party holds it in this for Local Government in a deputation. Chamber. Among other things, they asked him if he Years ago this Minister said, "If you want would consider introducing an amendment a bloody good gerrymander, let me fix it." to allow the Caboolture Shire Council to He will not deny that. He was pretty right. hold an election for the filling of a vacancy He has shown that, without having the direct caused by the death or resignation of a power to do it, he can gain control. He member. will continue to go on this way until the In the last council election, two councillors Liberal Party decides to say, "No, Mr. Hinze, nominated for Division II, which is the area we have had enough." south of the Caboolture River and around Mr. Vaughan: It won't do that. Deception Bay, Narangba, Burpengary and Morayfield. Those two councillors were Mr. KR.UGER: I do not think it will, unopposed, so there was no election for either. The member for Pine Rivers told us Division II. About five weeks after the elec­ before that he would try to stop the intro­ tion of the council, one of the councillors duction of the Bill. Possibly he might try to resigned. As there was no third candidate, stop it, but I do not think he will succeed. the council had to appoint somebody. The He has been grandstanding again to try to people in the area would have welcomed an give the impression that the Liberal Party election. still has some standing. It might be of interest to members to Mr. Hinze: You are only trying to stir know that there are eight aldermen elected him. for the whole of Redcliffe. Usually when an alderman passes away-this has happened Mr. KRUGER: Possibly he is being stirred. on three or four occasions; it happened The Minister and I have stirred one another when I was on the city council-the person before and possibly we will do so again in who was ninth in the poll is appointed. In the future. I am pleased to hear the Minister become a little bit vocal; it shows that fact, Alderman Bill Hunter, who was the possibly I have stirred him as well. I believe chairman of the Redcliffe Branch of the in the old saying, "You don't get much fight Labor Party, was elected on more than one out of a bull unless you keep dangling the occasion-- rag in front of him." Mr. R. J. Gibbs: A long, 1ong ,!Jime ago. The Pine Rivers Shire Council would be Mr. FR.AWLEY: He is a pretty good one of the greatest exponents of political bloke. I am not running him down at all. manoeuvring in recent years. It will not I voted to put him on, as a matter of fact. 4560 Local Government [3 MAY 1979] Act Amendment Bill

At the last election he was elected in his election to fill the place of the deceased own right and is now serving his fifth term person. She was not really a member of the as an alderman. He is now the Deputy council. It was only on legal advice that the Mayor of Redcliffe, and I congratulate the poll was declared. She did not attend the rest of the aldermen on electing him to inaugural meeting. As far as I am concerned, that position. I have a high regard for she was not ·a member of the council. Alderman Hunter. I am only using him as an example to make my point. He was The Minister has carried out the wishes appointed to the council when somebodv of the Pine Rivers Shire Council, and also, passed away. He was r;inth in the poll, and as I said before, the Caboolture Shire we agreed to his appomtment. On another Council, of which both the chairman and the occasion I can recall quite well that the deputy chairman are members of the Labor candidates who came ninth and tenth in the Party. Although the council itself has not poll did not accept appointment; so the asked for this, people in two divisions have 11th person got it. That was in 1967. asked for it. I believe that the Minister is doing the right thing. There is nothing wrong Mr. Davis: It's a pity you didn't do that with it. A council can itself decide whether in the Senate. or not to hold an election. After weighing Mr. FRAWLEY: The Senate was a public opinion in any division, a council can different matter. As far as I am concerned say in future that it will appoint a person it is a case of horses for courses. Each itself or hold an election to replace the case has to be treated on its merits. deceased if it thinks that is the feeling in that division. Mr. Vaughan: You picked the field. I commend the Minister for introducing Mr. FRAWLEY: We certainly did pick this Bill. I think its provisions are good. the field. It wasn't a bad effort. We put a Councils are having nothing taken from spoke in Gough's wheel that time. However, them; they are just being given a wider Mr. Kaus, I know you will stop me if I choice. The Bill illustrates perfectly the type stray from .the Bill. As usual, I am being of man the Minister for Local Government distracted by members of the Opposition, who is. He is big enough to introduce an amend­ know that I am making a verv valuable ment to the Act to give the Pine Rivers contribution to this debate, as always. Shire Council an opportunity to exercise its I happen to know all of the candidates democratic rights. in the Dayboro area. As somebody said before, Dayboro, which is in Division 3 of Mr. HARTWIG (Callide) (3.24 p.m.): I the Pine Rivers Shire, happens to be in the support the Minister for Local Government electorate of Caboolture. It is true that I in his introduction of this Bill. An officer get a tremendous vote there, because the of the Public Service who has the necessary people are fairly sensible. They are sensible qualifications should not be disqualified for in other areas, too, judging by the majority appointment as administrator after a council by which I won in the last two elections. has been dissolved. If the Minister does not Winning by 4,760 is not a bad effort. Last intervene when a shire is not being run time,. with two Labor candidates against me, correctly, from memory 20 per cent of the I fimshed up 2,600 votes in front of them electors may petition the Minister to have which is not a bad effort. ' an administrator appointed. The Bill is necessary to clarify the standing, rights and Division 3 of the Pine Rivers Shire is not entitlements of officers in this situation. just Dayboro. Everyone has the wrong idea. Division 3 goes as far as Mt. Samson, up The member for Archerfield spoke at to the top of Ocean View and as far as length about Mr. Andrews. In my opinion, Mt. Mee. So it is not just the town of Mr. Andrews did a remarkable job on the Dayboro that is to be represented by these Gold Coast. I do not think anything could two councillors. be taken from him in the capable way that The Pine Rivers Shire Council asked .the he carried out his duties as administrator. Minister to hold another election because Years ago three administrators, I think it Mrs. Rosalie Tebby, whom I knew for many was, were appointed in Sydney. They ran years and who would have been an asset to the Sydney City Council and did a pretty the council, passed away between the closing good job. One thing that amazes me today of the polls on polling day and the declara­ is the number of councillors in Queensland. tion of the poll. She had a cerebral Sometimes there are 12 or 13 members of a haemorrhage, by the way. Because she had council. With the increase in the fees, travel­ passe~ away ar;d no~ attended its inaugural ling allowance and what have you, the meetmg, the Pme Rrvers Shire Council felt administrative affairs of local authorities are that it was only right to ask the Minister becoming somewhat expensive. for Local Government to hold another The honourable member for Port Curtis election. referred to the number of councils in pro­ To my knowledge, this is the first time vincial cities that were returned on the such a situation had occurred in Queensland. Labor ticket. He conveniently omitted to I could be corrected on that. I think that mention Alderman Pilbeam's return in Rock­ the Pine Rivers Shire Council did the right hampton and the drubbing that he gave the thing in asking the Minister to hold another Labor candidate. Local Government [3 MAY 1979] Act Amendment Bill 4561

Using the usual smear tactics, the hon­ own particular council and about local ourable member had to have a go at the government. So many avenues are open to councillors on the Livingstone Shire Council honourable members. who availed themselves of a trip to Japan at the invitation and expense of Mr. Iwasaki. I appreciate that members have restricted I draw the attention of the Committee-- their speaking times. They could go on talking for hours and hours about local gov­ The TEMPORARY CHAIRMAN (Mr. ernment. I do not wish to take too much time Kaus): Order! I draw the honourable mem­ in reply. ,I shall deal with any matters that ber's attention to the provisions of the Bill. have been raised in my second-reading speech. However, I should like to put 1he Mr. HARTWIG: Mr. Kaus, I think that I record straight about one or two matters owe it to these people to defend them. The honourable member for Port Curtis named in the main part of the Bill. As one member certain members of the Livingstone Shire said, the legislation is to an extent designed Council who were defeated, he said, because to validate something that has happened. of a trip to Japan. I should like to put A matter regarding the former administrator the record straight. The first booboo he of the Gold Coast City was brought to the made was his reference to Councillor Wall. attention of the Government and it had tn He did not go to Japan, but he was defeated. be corrected. As honourable members know, John The TEMPORARY CHAIRMAN: Order! Andrews is one of my top officers. He is I ask the member to get back to the provis­ the Deputy Commissioner of the Main ions of the Bill. Roads Department. On this occasion I want Mr. HARTWIG: I believe that councillors to pay the highest tribute to the former should avail themselves of the opportunity to administrator of the Gold Coast City and to gain experience in local authority matters his advisers. I refer specifically to John by travelling. It is part and parcel of local Andrews, Neil Macpherson and Arthur Muhl. government administration. It ill behoves Those three gentlemen had a most onerous the honourable member for Port Curtis to job down there and they came through criticise. He likes to get his expenses paid with flying colours. I think that everybody wherever he goes. who watched the administration of that council for the short period of a Httle over I shall deal now with the cost of admin­ a year would have to say that the whole istration during the period of dissolution. job was done expertly. This is debatable. I do not know whether it is good or bad. If the council gets into a These people are top Queensland public mess and an administrator has to be servants. They are held in the highest regard appointed, I do not know that the ratepayers in this State. Obviously, I cannot afford to should have to accept the burden. Maybe have them out of my departments-whether they should because they appointed the it be ,the Main Roads Department or the Local council and so are in some way responsible. Government Department-indefinitely. We I repeat that it is debatable. sent them down to the Gold Coast to do a The other amendment I should like to particular job. comment on-and I think it is a good one­ allows local authorities to invest surplus Another point I want to make very clearly moneys in securities for different periods. is that the financial affairs of the Gold They did not have this power in the past. Coast City Council were good and sound. The state of the finances was not the main Under the Act, if a member of a council reason as some people have said, for the resigned or died shortly after an election, it sacking of the Gold Coast City Council. was the council's prerogative to appoint a Everybody knows the had publicity that the councillor to fill that vacancy. The Minister council was getting. I said on a previous is giving the council the option of either occasion and I say it again: unfortunately, appointing somebody or holding a fresh the mayor at the time could not get on election. That is good thinking. I, too, with other men. Sir Bruce Small had that prob­ think that the administration of the Local lem with both that council and the previous Government Act under our present Minister counoil. The members of the council were has gone from strength to strength. I know always at loggerheads. They were always fight­ that he is a strong man and that he pursues ing. They were taking five minutes out to .go his policies. I congratulate him on doing and recover or redeem themselves, then gomg such a fine job. back into the council. This sort of thing was going on and on. It was detrimental to the Hon. R. J. HINZE (South Coast­ Gold Coast, and something had to 'be done Minister for Local Government and Main about it. Roads) (3.30 p.m.), in reply: I wish to thank all honourable members who have taken part One speaker referred to the fact that in .the debate on the Local Government Act some matters concerning subdivisional Amendment Bill. It is quite obvious that development had to be tidied up. They were when the Local Government Act is opened attended to by the administratm during the up, everybody goes on a Cook's tour. It is period that he was with the council. I think something that interests all members. It that they were attended to expertly, judici­ gives them an opportunity to talk about their ously and in a most tradesmanlike manner. 4562 Local Government, &c., Bill [3 MAY 1979] Stamp Act Amendment Bill

Mr. Scott: Wasn't it a rather rash action portion of the Bill. I don't think that is to dismiss the council on those rather slim necessary, and I will undertake to rectify grounds? the position before the second reading. Motion (Mr. Hinze) agreed to. Mr. lliNZE: We do these things quite openly in this Government and in this Par­ Resolution reported. liament. The same situation applied to the Aurukun and Mornington Island councils. FIRST READI~G The honourable member represents those Bill presented and, on motion of Mr. areas and he knows that those councils Hinze, read a first time. have been reinstated. Mr. Scott: As a vote of confidence in STAMP ACT AMENDMENT BILL those councils. SECOND READING Mr. HI:~ZE: They have now been rein­ stated. I have been there--'I do not know Hon. L. R. EDWARDS (Ipswich-Deputy whether the honourable member has-since Premier and Treasurer) (3.38 p.m.): I move- the elections. "That the Bill be now read a second I hope that the new council that has time." been elected on the Gold Coast will carry The Bill provides for a wide range of out the wishes of the people who elected it. amendments to the Stamp Act. At the The member for Murrumba referred to introductory stage, a comprehensive outline politics in local government and to how I, of the provisions was given. Quite a number as the Minister, am careful to choose some­ of these are fairly straight-forward. At this thing here and there to make sure that we stage, I will refer to the other aspects of the even up the count. I know that he says proposals that will be of particular interest these things in debate, but I think in all to the community generally. honesty he knows that they are not tme. If he looks at the present Gold Coast City A number of submissions have been Council, he will see that it is what might received from honourable members and from be referred to as a Labor council. various sections of the community. All these have been replied to, and those concerned Mr. Casey: We will get your seat next. will be receiving letters explaining the action of the Government in particular fields. The Mr. HINZE: You can laugh, Casey, old honourable member for Toowoomba North slimy chin, because I will do the same to made a very lengthy submission to me, and you. a comprehensive reply will be going to him Mr. C<.sey: Old brown tongue. explaining the action of the Government and also some of the proposals that it has in Mr. HINZE: Yes, old oily tongue. mind. Mr. Casey: Old brown tongue, not oily Honourable members will recognise that, tongue. apart from a couple of minor changes, it is Mr. HINZE: My father was a pretty sen­ not proposed that duty rates be increased. sible old bloke-I did not realise how sensible A significant aspect of the proposals is the he was till he died-and on one occasion protection and strengthening of the revenue he said to me, "Always beware of a man base rather than an increase in duty rates. with an oily tongue." Every time I look at The sale-of-business provisions have been the Leader of the Opposition and see the extensively reviewed. Because of the wording grease dripping off his chin, I remember of the Act as it now stands, it is often that. I have never seen a more oily-tongued claimed that there is no sale or purchase of man in my life. That is by the way. He has a business, particularly if no document is as much chance of getting my seat as I have executed. of getting Mackay. The provisions have been recast to refer Mr. Casey: Llew doesn't think so. He to the acquisition, rather than the sale, of a reckons he'll get it, too. business. Further, the scope of the sale-of­ business provisions is to be widened so that Mr. HINZE: No, Llew knows better than items such as other real property, goods, that. livestock, wares and merchandise are included There has been a slight misunderstanding for duty where they represent part of the concerning the Pine Rivers shire and the sale of the whole business. There has been a problem that has arisen there because of tendency to split transactions so that some the death of one of its members and the of such items are claimed as exempt under council's request to me. I still have to assure provisions intended for other purposes. some Government members in relation to a The definition of "business" itself has been clause that has not been fully discussed. I recast, particularly in respect of ensuring accept full responsibility for that. However, that transactions involving the acquisition the position will certainly be rectified before of an interest in a partnership fall within the the second reading. I say that to indicate to sale of business provisions. The current word­ the honourable member for Pine Rivers that ing leaves room for doubt where a new he has taken some exception to a very small interest in a partnership is created. Stamp Act Amendment Bill [3 MAY 1979] Stamp Act Amendment Bill 4563

Attention has also been given to the documentation. The provisions are therefore general conveyance provisions. They are pro­ not seen as increases in taxation at this posed to be strengthened to ensure that stage. They are merely designed to main­ purchases of multiple blocks of land are tain the revenue base within the existing rate assessed to duty as a single transaction where structure. such is the case. The trust provisions have been carefully There will also be a clarification of the drawn. They will not affect the vast majority situation where a purchaser claims he is of citizens. Property moving into trusts under acting as an agent for the real purchaser. such circumstances that there can be a sub­ Nominal duty will continue in these cases, sequential change in the beneficial owner­ but only if written evidence of the appoint­ ship will be dutiable as a conveyance on sale. ment of the agent executed prior to the However, the provision under which a execution of the contract or agreement is conveyance or transfer to effect the appoint­ forthcoming. ment of a new trustee is dutiable at nominal Under the Act as it presently stands unit duty will remain. At present under the trusts are being utilised to effect conveyances declaration of trust heading nominal duty in such a manner that full conveyance duty only is payable where property is vested in is not attracted. The beneficial ownership any person as the apparent purcha-.oer when of property is conveyed from the vendor he is holding such property in trust for the of the property to the purchaser so that the person who has actually paid the purchase duty applicable is nominal or the rate levi­ money. This provision is to be removed. able on the transfer of marketable securi­ It was providing an avenue for nominal ties, which is substantially below ad valorem duty in cases where the application of such conveyance duty on sale. was not intended. A unit trust is established in which the All declarations of trust will now attract proposed vendor of a property becomes the duty as a conveyance or transfer on sale. unit holder or beneficiary. The vendor then A declaration of trust is effectively a con­ transfers the property to the unit trust. The veyance and it is reasonable that it should trust deed contains provisions which make it attract conveyance duty. Here again it is possible for a purchaser to enter the trust anticipated that these provisions will not as a beneficiary and to become the only affect the vast majority of citizens who beneficiary. The conveyance of the property generally have no requirement for trust is therefore effected. As it was not by way arrangements. However, where there is a of sale, gift, or partition, ad valorem duty requirement, and where it is not intended on sale is not chargeable. that there be a change in beneficial owner­ ship, a declaration of trust does not need In order to overcome these difficulties, a to be made in many cases. number of provisions dealing with the use of trusts and unit trusts are proposed. A As previously explained, where land is unit trust scheme will be defined to exolude purchased by an agent, nominal duty on the unit trusts other than those usual in com­ further conveyance to the real purchaser mercial dealings from the definition of mar­ will be available now only in the circum­ ketable security. It is proposed to provide stances where it was purchased pursuant to that where property is transferred to a an authority conferred in writing prior to trustee and it is provided that the bene­ the original sale. There has been some com­ ficiaries may be varied, ad valorem duty as ment that in some cases this requirement a conveyance on sale will be levied on the will be impracticable and create difficulties. full value of the property transferred or The example quoted is that it is common affected by the' trust. The conveyance or for a purchase to be made by a purchaser transfer head or charge in the Act will be or nominee to allow for a later decision to expanded to facilitate the levying of con­ be made as to what member of a group veyance duty on the transfer of property of companies would be the eventual pur­ pursuant to a trust in certain circumstances. chaser so as to obtain the best advantage. However, I feel that it is not impossible I will now make some general observations to overcome these sorts of problems. It has about the proposals aimed at transaction­ been a real necessity to amend the provision splitting and the use of trusts and other in view of the way it was being utilised. devices which result in nominal duty in cases where such was not intended. These provi­ We have aJlso looked at copies of deben­ sions are concerned with conveyance or ture trust deeds executed out of the State, transfer duty. Honourable members will the stamping of pri>~ate company sha.res a:nd recall that when the Act was last substan­ con\leyan~Ces by way of periodiical cpa)'men'ts. tially amended in 1975 the applicable duty The pr01posed proYJisions were outlined fully scheme was altered from one in which there at the introductory stage. was a flat rate of $1.25 per $100 to one What we Me proposing for insurance wall which involved a sliding scale with a base be of par.ti'Cular interest. There are a ooUJPle rate of $1.50 per $100 where the considera­ of aspects. TechiniooUy, the basis of lia­ tion does not exceed $20,000, and extending bility for duty on life insurance is to be up to a rate of $3.50 per $100 where the altered from a Habiiliity based on ootry in consideration exceeds $500,000. The new a Queensland register to 1iaJOOlity based on progressive rate scale has of course led to uhe insured being domiciled in Queeooland. transaction-splitting and other alternative New SoUJth Wales, for example, adopted 4564 Stamp Act Amendment Bill [3 MAY 1979] Stamp Act Amendment Bill

this method some time ago. It was con­ loan exemption would apply to a l()lal[l for sidered tha,t ooooideraJble s;ums of duty wouJd the acquis1tlion of a house or fla1 or for o!lherwise be lost because of the reglis!tooing the oonstructi:on of a home or flat. Although of policies m the Canberra register of this is expressed in the singular, illS a mait~er insurance companies. of intempretruvron it appliies to the pl\llflaJl as In fact, thUs change Wlilil not affect the Well. It rtherefore appli:ies to a g)fOup rn bulk of Lilfe insurance. Lt will have an houses or a block of flats. Over nhe yelaifs been 1rnpact mhooe msur~IJJce is effected outs:iide it has extended administratively to the Smte. CurrentJy, persons who effelelt cover unilts or a block of units. insurance of Queensland assets outs1de the The d:ifficu:l'ty w~ Vh(l,t the exemtption was Sttate and oompanies wh!ioh effpose as well as privaJte persons takiing up a loon rperoonally. Where a houseowners' and householden;' poLicy proV!ides f~:J~r an mdemni1y agruiltSit legal The rOOil ahange is that dt is clearly liability for third-party damage to person ~ed that the exemption Wlill not mpply or property, and no separate premium ,is to a loan 01btruined for the purpose of acqoo­ ch!arged, the Act proV!ixles for exemipltlion ing hmd only. from stamp duty where the cover does not There are also provisions to streamline exceed $100,000. This amount has been the stamping of leases. At present these are va:flied from time to time to tm:aiiJJtain exemqJ­ required to be presented for restamping each tJion from duty. The pl'iiJJaiJple of not charg1irng three years. This does involve some diffi­ duty in res~pect of H1Cis cover is well esl!iaib- culties, both for taxpayers and the Stamp 1ished and it :is proposed to proV!ide for Duties Office. The Bill provides that, in cases complete exeaTJiP'bion from duty in these cir­ where the total rent payable over the term cumstrun.ces, regardless of the amount of cover of the lease is reasonably ascertainable, either provided in respect of third-party flisk. initially or after the first three years, the Unde~t the provisions of the Act, &tiamp commissioner will be able, on request, to duty on gene;nal fire insurMJCe poLilcties is offer a commutation of stamp duty payable. 1imlited to 20 per cent of the prern:ium pay­ This will provide taxpayers with an option a:ble. In the =e of Queensland insurers, to fully account for duty at an early date. !Jhere w:ould be an element in the prem,ium There will be no obligation on the part whiiah woUikl reflect the need for the insurer of the taxpayer to accept the offer. to pay the fire b11igade levy. However, in It is also proposed to provide for the the case of 001surers opeDalting outside Queens­ commissioner, on request, to fully stamp a land and insufliiJJg property m Queensland, le~e up to a particular date so that, in the premW.m would not contain a fire bnigtade case of a transfer of the lease, the transferee levy element. In these cases, the insured is can be assured that the transferer has required to account for this on his own fully met his stamp duty obligations in behalf, hence the 20 per cent maxrimum stamrp respect of the lease document. It is expected dlllty would be less Vhian. if the property was that the business community will welcome insmed by a QueensLand insurer. This is these changes. Their operation will be inequittalb1e and illconsistent, and it is pro­ monitored with a view to implementing posed to provlide for the fire bnignde ,levy further streamlining later on if practicable. to be deemed to be rpart of tthe insuraoce premium payable for the puTipOSes of applyting In order to open the way for the develop­ the 20 per cent maXJimum where !Jhe insur­ ment of a mortgage market and a mort­ ance iis effected ou!Js:ide Queensland. gage bill market, it is proposed to provide for duty on transfers of mortgages to be $5 per I WJish a:1so to comment funtther on the mortgage. Complementary amendments will proposal for housing loans under the credit initially be made to the Money Lenders Act duty proV!isions. There is a cerl!am amount to provide for a basic mortgage market. It of misunderstanding about this. There is is hoped that from this, over a period, we no change in concept. The original inten­ can develop in Queensland a mortgage bills tliion when the credit duty provrlsions were market. Amendments to other Acts will introduced m 1968 w~ tha.t the hoooing probably be necessary. This would provide Stamp Act Amendment Bill [3 MAY 1979] Stamp Act Amendment Bill 4565 a secure facility for short-term investment, and the existing taxation base more effective. increase local liquidity and stem the move­ I commend the Bill to the House. ment of funds to the South. Mr. HOUSTON (Bulimba) (3.54 p.m.): There are a couple of special points about The Bill is, one could say, a technical one. the administration of the Act that I should It changes various aspects of the collection mention. At the introductory stage it was of stamp duty and penalties for those outlined that the deposit for appeals would who try to avoid it. We have to be increased from $40 to $200. The com­ bear in mind that stamp duty is the third missioner will be entitled to retain part of largest source of income for the State Gov­ this to offset his costs, in the circumstances ernment. The largest source of lincome is outlined, where an appeal is withdrawn or personal income tax reimbursements from not proceeded with. the Federal Government. The second largest New provisions about the time in which is pay-roll tax. The third largest, as I have duty can be reassessed, and the time in which said, is stamp duty, which in this financial proceedings can be initiated for recovery of year will return, in round figures, about duty, were outlined in detail. The removal $125,000,000 to the State. That is no small of the two-year time limit on the initiation amount in anyone's language. of proceedings for recovery of duty will Over the years, stamp duty has become bring the Stamp Act into line with the Limit­ an ever-increasing source of revenue .to ·the ation of Actions Act 1974, which provides Government. The Government has seen fit that the limitations in that Act do not to abolish death duties and succession duties, apply to an action by the Crown for the and now transport taxes, so naturally it is recovery of a fee, tax or other sum of money. look•ing for other avenues of income. Although The provisions in respect of stamp duties the Treasurer suggested that, at this stage inspectors have been substantially recast. before a Budget, there will not be any appreci­ Experience has shown that under the present able increase in stamp duty, I do not think provisions inspectors of stamp duties really ·that the people can take that as a guarantee have only limited powers in respect of the pro­ that there will not be an increase in stamp duction of unstamped documents, and access duty in the next Budget. The Government to books, records, papers and documents which cannot relieve the taxing field of $5,000,000 may serve or tend to show the dutiability or every so often without looking for other added dutiability of other instruments. sources of income. It is proposed that stamp duties inspectors Stamp duty is paid by everyone, big and will be able to visit premises open to the sma1l, on every transaction that he carnies public at the time they are so open, and out within the State. To show ·the relativity, visit other premises at reasonable times. They let me point out that $125,000,000 is slightly will also be able to require any person to more than double .the amount the State will produce all instruments, books, papers and get from royalties paid on our mineral weaJth. records which may assist them in assessing As stamp duty from the community as a duty payable under the Act or ascertaining if whole is woPth twice as much as the income there is avoidance. The penalty for refusing from mining, we can appreciate the value to comply is proposed as $200. of stamp duties to the State. Where a requisition is directed to a body There are some areas in which stamp duties corporate, which fails to comply with it, should be reduced and there are others in the directors, manager, secretary and other which no duty at all should be payable. I officers are deemed to have failed to comply. do not retract my assertion ·that workers' The Deputy Leader of the Opposition has compensation policies should be free from suggested that stamp duty should not be the payment of stamp duties. After all, the payable on policies of workers' compensation money that comes out of the profits of insurance. The position is that they are duti­ employers in this way would be better used able also in most other States. The rate in employing another person, particularly at of duty in most other States is higher than this time. As the Treasurer knows, stamp in Queensland. Employers benefit greatly duty on workers' compensation only became from services provided by the State such a reality a few years ago. It was not one of as police patrols, education of potential and the normally accepted forms of stamp duty. current employees, and so on. It is reason­ There are other matters that I could refer able that they should make this contribution. to, but I do not think that this is the appro­ The major provisions that call for further priate time to talk about the many forms of comment at this stage have been outlined. stamp duty that are not covered by the Bill. Honourable members will recall that there When a duty or tax has to be paid, it is are also a number of other proposals which incumbent on the Government to make sure were fully outlined at the introductory stage. that all of the peop1e who should pay it I believe they are a desirable set of amend­ according to the law do in fact pay it. I ments. They are comprehensive. The Bill have no truck at all with people who set out is complicated. There are new exemptions deliberately to fl.out the intent of the law. As and corrections of anomalies. There are a I said at the introductory stage, if a smart number of provisions specifically aimed at solicitor can find a legal loophole in the law, protecting the revenue base. good luck to him and his client. But that is Rather than increasing duty rates, we are entirely different from setting out deliberately looking to make the existing taxation concepts to avoid the payment of stamp duty. 4566 Stamp Act Amendment Bill [3 MAY 1979] Stamp Act Amendment Bill

I have no objection to the tightening up Another matter to which I wish to refer proposed by the Treasurer. Perhaps one of the concerns !ife insurance policies and insurance most important proposals deals with the split­ policies for fire and for the protection of ting of property. Without going into the full buildings and other property. I think that details, I am referring basically to the sale the amendments concerning life insurance of property which consists of land, buildings, policies will meet the situation. I am con­ goods, livestock, vehicles and other machinery cerned about the payment of stamp duty on that was part and parcel of some property. insurance policies covering strata-title or If a person breaks it down into small lots, high-rise buildings. The position is that if he is avoiding the intent of the Act. The one person in a strata-title building demands Act was amended to introduce a sliding scale that fire insurance and other insurance be of rates and, naturally, it became more advan­ taken out, the whole building has to be tageous to transfer a lot of small parcels, insured. I know that the Stamp Duties Office each with a small value, than one large parcel. has no control over this matter, but I believe I think all that the Minister has done in that it has taken advantage of the situation. changing that is bring the position back to what was intended in the first place. So there An example was griven to me in which a has been no change. total levy of $1,050 was made up of $375 risk premium, $500 fire levy-'ho l!lfe mrtua1ly folfced by the require­ the one deal. The amendment covering these ments of other legislation ·to pay insurance circumstances is again an example of tighten­ prem[ums shollikl !lOt als:o be caught up in ing up rather than altering the base structure. tax;atiom of tUhat twe. The next matter is duty on debentures and trust deeds executed outside Queensland. I In the oase of a building that has been think that this is a fact of life. This happens constructed recently, ~n wh~oh all the requrire­ because of the operation of the smart people ments of the fire bnigade have been met concerned. I am not opposing this proposal. and all the latest fire-1J["otectioo. equipment I do not think that people can complain that has been p:roV'ided, oo.e person should not the duty is to be imposed at the place where be alble to dominate the others wtho Me the person concerned is domiciled and not associated wjroh the units. Ho'hoever, that where the documents are dealt with. is a sepamte lllfgument. Once it is decided that an insurance premium must be palid, Then I come to unit trusts. I suppose only the risk premium •and nominal stamp that one could talk for hours about the duty s:hould be parid. When the Miinister operation of unit trusts and of trusts in again considers the legislation, I hope that he general, but I think it is sufficient for me will try to provide for nominal stamp duty of to say at this stage that we find trusts being about $4 instead of the amount of duty set up for the purpose of avoiding the pay­ normally applicable to fire insurance policies. ment of duties of one form or another. I do not think that the people who will be The attitude of the Government in not brought into line under this provision have requiring sbwmp duty on loans fm ho.USiing anything to complain about. is very acceptable, parrticularly to :people wishing to buy a home. I oan see the need The next matter is the transfer of shares for exemp1~on where money is bei:ng lent in private companies. Again, large operators [1(}1[ the purahase of land only. If, because use the present provisions to avoid the pay­ of a lack of ready cash, a 1person has first ment of substantial taxes. To my way of to buy the 1and and then cont:ract to burild thinking, such an operation certainly works a home through the Housing Cornmiss:iJon or against the intention of the legislation. People s:omeome else at a later stage, I wonder are putting false values on shares with a whether that land can be considered to be view to saving tax. Of course, that dis­ part and parcel of tJhe home. advantages the honest citizen who pays duty on the true value of shares. It is proposed The flat mte of 50c for television insur­ that these shares should go to the commis­ ance poillicies is an impmvement. However, sioner or to his officers, who can personally I do nort: think Hmt prudent people who ascertain the true value of the shares. I take out tale>eision insurance and other insur­ think that this amendment, too, will be ance of a similaT t~pe in order to protect in the interests of the community as a whole. their assets should be penallised. I kno·w I think I said at the outset of my speech that the Government requires money-! that if a State Government or a local admitted that rut the outset-but I do not authority wants a certain amount of monev think that the G:overll!ll1ent should use t11e and if it is not forthcoming because people desire of prudent people to protect their assets are avoiding their obligation to pay taxes, as a means of getting revenue for the State. obviously the burden falls heavier on other One proVlision of the Bi11 seems to be a people. The rates of taxation generally are lit1tle out of step wtith inflatlion. The fee increased. for appeal was $40 in 1894; in 1979 it is Stamp Act Amendment Bill [3 MAY 1979] Stamp Act Amendment Bill 4567

only being increased fivefold. Takling ~nto In his speech the Minister referred to account the infla1Ji1on :that has occurred I partnerships and trusts. A case on which I think that would be the srna!llest increase-'- would like the Minister's opinion has been brought to my attention. Let us take the Dr. Edwards: A generous Government. general example of a young engaged couple. Mr. HOUSTON: No. As a ma,tter of fact The girl is aged 17, her fiance is legally considered to be an adult, and they are if it had been made under a former bvbo:; desirous of purchasing their own home. It is Government, the rela:tlive 'increase would possible for such a couple to purchase a ~ave been from $40 !to $50. '"the biggest home even before they are married. A mcrease !<.m; occurred aJt vhis end of the bride under 18 who is still not an adult in scale. However, I accept the f~ct that the her own right might marry an adult man $200 proposed would be f~irlv well in Line and they might wish to buy a property with the additional ooslts. - together. Naturally, they would want it in I think we have to be very careful about joint names but, because the girl is under the operation of the part of the legislation the age of 18 years, the man would be her dealing with the powers of inspectors. I trustee. Where it is clearly established that agree that inspectors must have the right to the trusteeship is purely a nominal one for check up on those whom they suspect of the time being, I suggest that the extra I suppose one could say, virtually denying stamp duty should not be applied. the State its tax entitlements, but I want an Although the Opposition believes that assurance that inspectors entering business certain further improvements could be made premises and private homes in order to carry and that further relief could be given to out their investigations do so at what one certain sections of the community, it certainly would consider to be normal times. supports the principle that those who should We do not want a situation in which taxa­ be paying should not be allowed to use ~ion _i~spectors, policemen or State inspectors smart means of avoiding their obligations. mqumng abo_ut stamp duty are given legis­ lative authonty to enter business premises Hon. L. R. EDWARDS (Ipswich­ outside normal trading hours, or a person's Deputy Premier and Treasurer) (4.16 p.m.), home when he or she is not there. After in reply: I thank the Deputy Leader of the all, the Act already provides that an inspector Opposition for his comments. His statements can demand books and records. As far as I indicate his full understanding of the require­ am concerned, it is the manner of the ments associated with the collection of stamp application of the law that is important. duty. He is certainly aware of the problems con­ fronting the Government regarding evasion I was quite surprised when I saw the and avoidance. I am pleased that he has given amendment that provides for a reduction in his support to our desire to tighten up the law the time during which a prosecution may be to prevent deliberate evasion and avoidance. launched once the commissioner is notified of a possible failure to pay the correct duty. The matter of stamp duty as a means of I say "quite surprised" because I had not obtaining revenue is always controversial. realised that previously there was unlimited The fact that over ,the past three or four time in which to launch a prosecution. After years the Government has removed four all, if a person knows he is suspected of an taxes, thereby allowing for a major expansion offence, surely he should be able to expect programme in the development of the State and the services provided, indicates the good that t~e _commissi

could be overcome by the nomination of a Wlith overseas countries for the adoption of particular person so that the transfer can children from those pa,rooular oount['ies and occur at a later time. thus, as and when children become avariJ1able I forgot to mention that, with the con­ under the agreement, adoption procedures currence of the Deputy Leader of the can be under:tlaken. Opposition, I will move an amendment to I commend the Bi:ll to the House. alter the operative date from 1 May to 7 May. Motion (Dr. Edwards) agreed to. Mr. FOURAS (South Brisbane) (4.23 p.m.): This Bill will facilitate overseas adO']Jtions, CoMMITIEE and the Opposition fully supports it. I said at (Mr. Miller, Ithaca, in the chair) the introduotory stage tlhat we must be carefUil to make sme thalt, as in ail! ado:p­ Clause 1, as read, agreed to. tlions, we find f~l!ies for k!ids rather than Clause 2-Comm=eunent- ktids fo[' fam:i1i es. 'Dhalt mea,ns that we moot also be oa,reful th'at overseas adoptioos Hon. L. R. EDWARDS (lipswllioh-Deputy are fu-ee of 00!1r:U!ption, comme:roialisrm, m:is­ Pu-eun1ier and Treasurer) (4.20 !J).[n.): I move­ pl:aced emotron and pohlt,~cs. "On page 2, 1ine 4, omit tihe date- Duming the intrr-odUJCitlion of ·the BiLl I '! May 1979' mentioned the 250 babies who came from and insert in lieu thereof ~he da!te- V1ietnam in the 1975 ainliift. I then sta:ted '7 May 1979'." th~t most .Oif those accepted [n South Aus­ The pllii):llOOe of this amendment is to emble t,mm were nOit ahle to be legailly adopted. clauses 4 and 6 of the Bill to become O']}era­ Awtlhough Llitving Wlith fam~Lies, they were stiili! t~ve foorm tlh:at date. rormally wards of the Commonwealth. Theu-e Amendment (Dr. Bdlwrnxis) agreed ro. was a lack of documentation to prove that the children were really avaliJ.~ble for adop­ Clause 2, as amended, a~reed ro. tion. Lt plooses me toot the elighit ch:ihiren Clauses 3 ro 29, both dncluSiive, as read, w!hom Queensland took from that air1Lft will agreed to. now be aJble to be adopted. Bill relp0!11ted, with an amendment. As the Minister Sllllirl, there is a danger that adoptions from Asian countries may be 'I'HIRD READING considered to be a panacea. When this avenue BwH, on moltiO!Il Olf Du-. Ed\V!lm'ds, by leave, is available, there is also a danger that we read a !ihJilfd tlitme. could, in emergency situations brought about in other countries by war or disaster, make rushed, inadequate political decisions and ADOP11ION OF OHILDRBN ACT adopt many children. It is important that AMENDMENT BILL studies be made of the families who wish to SECOND READING adopt and that special attention be given to the attitudes of the families and whether they Hon. S. S. DOUMANY (Ku11illp!a---Minlitster would be able to cope with the difficulties for Weilifme) (4.22 p.m.): I move-- arising from a child's race and culture. "That the Bill be now read a sooond I am concerned at the shortage of staff t:ime." in the Department of Children's Services. ]1: was a muse of some grat!Ltude to me The requirement is 87 but, although the to note the recepuion Olf tlhlis Bill by honom­ department or the Minister has recommended able members. It was pa!I1ticu1arly gu-atti!f)1ing that number and the Public Service Board to hear the interest ex,pressed by the vanious has agreed, the Treasurer is not able to find speake11S dWI'ing the introduotory stage. the funds to engage that staff. We need to make sure that, in such an important area, I do not 1ntend to outline the ~MTie:ndments we are not short of the staff required to do cornained in tlhe BliLI, as I have already done the work. S!O when introduaing it. I feel that I ml!Sit, however, poillt out that the propooals to I take the Minister up on one point. At the introductory stage he said- hcil~tate formalities requilred for the adop­ t~on of chriJldren fcr:om overseas count'l'ies ". . . there is considerable reluctance should not be regarded as the panacea to on the part of Governments of Asian proV1ide a family for all in our cormmuni,ty countries to release large numbers of today who are not aJble to have ohhldren of children to be adopted outside their coun­ thmr own. I must mrter&te that there is at try of origin. present aonsiderable rel\JJCitlance on the part "Queensland has entered into agreements of Governments of Asiml coU!lltries to release with two countries and it is hoped that we la't'ge numbeu-s of children .to be adopted out­ will be able, with other States, to enter Slide their country of odgin. into agreements with other Asian coun­ tries." Thait ~act has again been underlined in a report of overseas .investJigations which has He went on to say- been released in South Austmlia since this "I would like to draw the attention of BI~Ll passed through its first-readting stage. the Committee to the need for con­ Hiorwever, the provisions of thjs BiN w:iJ11 fidentiality with regard to the two coun­ enable Queensland to enteu- into

negotiated. Because of various internal South Brisbane. I refer to children coming pressures in these countries, the authori­ in from overseas. I have spoken to the ties there have requested that the fact that Minister about this matter. I am sure he they have entered into agreement to make is aware of the problems that confront many children available for adoption in Australia prospective parents under the present system. be not widely publicised." I applaud this move by the Government, and Mr. Davis: Why the secrecy? I am sure that many of the people who are interested in this matter will also applaud it. Mr. FOURAS: I agree. I do not see the It would seem to me that what has need for such confidentiality. happened in the past is that people on their Adoptive parents, on making application, own initiative have made contact with private should state clearly from which country they groups overseas--and the case to which I am wish the child to come. Prejudice is alive going to refer concerns a group in Korea­ and well in this country. Children have and have gone right to the stage of being different cultural needs. An applicant should advised in writing that a child is available. be able to say, "I understand the culture I must admit that they probably should have and background of Korean children and I made further inquiries themselves, but they wish to adopt a child from that nation." got to the point where they felt that that He may make a similar reference to Malay­ avenue was open and that there was no sian children. If things are all right and difficulty. Of course, when they approached there is no commercialism or hanky-panky the department, which they should have at the other end, there should be no need done earlier, they found out about the for any secrecy. I hope that the attitude normal assessment process involving the home of all overseas Governments is to allow and themselves. They then found that unfor­ rather than encourage inter-country adop­ tunately the child was not eligible because tions. If that were the case, they would there were no machinery provisions in give priority to placing children in their own Queensland-and I am talking particularly country with members of the extended or about Queensland-to have the child brought biological family, or find other alternatives. out here. These should be explored first. If they were, I do not see how there would be any These people were even prepared to journey embarrassment suffered by those countries. overseas to a specific country-Korea- to We have heard stories of some 6,000 talk to the people over there who were babies a year for the last 20 years going involved in this operation of making kiddies from Korea to America and Scandanavia. avaiiable for adoption. I think that there I am sure that these are not available now. is a grey area in dealing with overseas I do not agree that there is a need for this countries like Korea and other South East confidentiality and secrecy. If things are Asian countries. There is the question of above board in the country of origin and who will be responsible for selecting 1he we are doing the right thing at this end, children. What sort of formula will be used there is no need for confidentiality. for selecting them? There are rumours that children are virtually plucked off the I should like now to deal with the new street in some of these overseas countries, section 59B which allows the Director of taken out of the countries and made available Children's Services to pass information to for adoption. I am no1 suggesting that that overseas Governments and authorities. This has happened in Queensland, because that is essential, but there is danger with this is not possible here, but I believe that it confidentiality going astray. I know of a has happened in other areas. This is not in natural mother who saw the file on her the best interests of the parents of the child's adoption. She saw the names and the child-it has been virtually kidnapped and address of the adoptive parents. She was taken away--or of the further well-being of even able to find out from the school where the child. It should be assessed, medically the parents came from. It is sad that this examined and checked right out before it is happened because it could place tremendous pressure on the adoptive parents. The allowed to leave. natural mother could ring up and want to see The problem in the community today, is the child. It is to overcome this sort of that we receive daily inquiries from parents situation that secrecy and confidentiality are who have been able to adopt an Australian needed. Although I agree with that aspect, child through the normal system in Queens­ a lot more care needs to be taken. land. They then take action to try to adopt The Opposition fully supports the Bill. another child so that it can grow up with We are confident that Queensland will do the first child and there is not too big a its best at this end and will guarantee that gap between their ages. It is quite obvious the countries of origin will act in the best that the supply of children for adoption has interests of the children. As the Minister dried up somewhat in our community. Kid­ said, this will not be a panacea. dies are not available from unmarried mothers or from the State, which has taken Mr. YEWDALE (Rockhampton North) over the care of the kiddies. To my mind, (4.30 p.m.): I should like to spend a few for a number of reasons, the foster-parent minutes discussing the subject-matter of this system is not satisfactory. That matter has Bill. I will cover some areas that have been been debated in this Chamber and elsewhere covered by the honourable member for over a period of time. 4570 Adoption of Children [3 MAY 1979] Act Amendment Bill

I think that most people, after giving the there will have to be some two-way dis­ matter serious consideration, like to take the cussions and perhaps even two-way disclosure complete plunge and adopt a child. As the of information between the Government member for South Brisbane said, it is danger­ department in Queensland and those agencies ous to allow the natural mother of the overseas in countries that wish to participate. child to obtain information about the adop­ There will also be a need to preserve con­ tion. If that situation was allowed to fidentiality, and I think that there should develop, there would be trouble not only with be the same provisions to ensure that people the natural mother and the family who from outside the department cannot make adopted the child, but also with the depart­ inquiries to find where a child in a particular ment. In my opinion, that gate should location has come from or where a particular certainly be closed. child has been located. I support what is proposed in this Bill The Bill also provides for discretion where because I have had recent contact with the overseas child has been with a couple the people to whom I have referred. As the for 12 months or more, and there is no Minister knows, because the machinery was need to obtain consent. That will make not available, they have been held up for the situation perfectly secure for any children assessment. I am assured by the Minister who have been in Australia for 12 months that the machinery we are setting up under from the date of enactment. Similarly, if this Bill will make the position of these overseas children under the age of 18 are people much easier. brought in under the arrangements that we We have to go further and broaden the are discussing today, there will be no need areas from where these children can come. for the department to obtain consent. There are two specific countries involved now. As I say, I support what is proposed I still believe that there is a need for any in this Bill. It will give me a great deal children so adopted to be brought into this of pleasure to talk to this couple in the country at a very early age, if that can next few days, because they have shown possibly be done. If a child is to be wen such a keen interest in adopting a child. and truly bonded with a family, it needs to I assure honourable members-----

Mr. Fouras: I am not denying that. the little puppy. It is lovely when it is a little pup, but the puppy grows, and it grows Dr. LOCKWOOD: The honourable mem­ out of its environment. The same applies ber for South Brisbane can make his speech with Aboriginal children. They are very cute outside the House. He has had his say. when they are young, but they change as I think the sooner children are adopted, they become older. The do-gooders who the better. If older children from overseas wanted to adopt these babies are suddenly are brought into Australia for adoption, I confronted with problems. The Department think special support will have to be given of Children's Services then had to step in. to the adoptive parents. There may be So we must exercise vigilance when we are language barriers or problems caused by considering adopting children from overseas. experiences that the children have suffered I am glad to see that the climate for in their homeland. The department will have adoption of all races has improved. I can to be prepared to give expert help to parents remember ,that a couple of organisations who adopt these children. I hope that there wanted to assist in bringing Vietnamese will be provisions in the Bill to help couples orphans to Australia when their country who are desirous of adopting babies from was in the grip of war three or four years overseas countries. ago. However, no-one seems to show the same concern for what I would term war Mr. DAVIS (Brisbane Central) (4.43 p.m.): orphans left by our soldiers in other coun­ I support the remarks made by the Opposi­ tries. I remember the men of B.C.O.F. who, tion spokesman on welfare. I take umbrage, in 1945, left about 2,000 children behind in however, at the remarks of the honourable Japan. Nothing was done in Australia to member for Toowoomba North. Just because assist ~in bringing those children, who were he is a medica, that does not make him the at least half-Australian, back to this country. oracle of children's welfare. He is suffering As our spokesman said, the Opposition from the mvth that children over two or supports the Bill. Any legislation that will three years are readily available for adoption. assist children will have the Opposition's I remind the honourable member for whole-hearted support. However, we believe Toowoomba North of what he said during that problems could arise. Our main fear the introduction of this Bill: that, because concerns the secrecy. I hope that the Min­ of the shortage of children available for 'ister will tell us the reason for it. If he does, adoption, persons who want to adopt a child he may allay our fears. quickly should find a young pregnant girl in, say, a milk-bar and offer to assist her Hon. S. S. DOUMANY (Kurilpa-Minister during her pregnancy and they will be the for Welfare) (4.47 p.m.), in reply: I am most first in line to adopt that child. grateful indeed for the contributions made by the honourable members who spoke to Dr. Lockwood: Not that child; it could the Bill. First of all, I assure the honourable be considered for adoption. member for South Brisbane that good prin­ Mr. DAVIS: Does the honourable member ciples of adoption practice will be followed for Toowoomba North consider that I mis­ and maintained. He can be sure that ,there construed what he said? That is the attitude will be no sloppy handling or ~nattention to he expressed during the introduction of the details in inter-country adoption. I also Bill. In fact, when he made that remark, assure the honourable member that the neces­ I expected that he would receive a lot of sary resources to do the job effectively will abuse. be allocated to the task. As to the problem raised by the honourable The honourable member for South Bris­ member for South Brisbane and other hon­ bane said that there was no need to keep ourable members concerning the secrecy secret the country of origin of adopted requested by the countries that have entered children, and I agree with him. I do not into the agreement-we must bear in mind see why we should have to enter into that a delegation comprising representatives secret arrangements with overseas countries of the va11ious States and the Federal Gov­ over adopting children. If countries are ernment went into some of these countries willing to enter into agreements about adopt­ and negotiated. It is vital that in the early ing children, what is wrong with that? What stages we co-operate as much as possible is the big deal in keeping it secret? At so that the inter-country adoption scheme least, we are now adopting a more humane can be set in motion. It is no skin off any­ attitude towards accepting children from one's nose if, for a period, the secrecy asked countries overseas. I pay a tribute to the for is maintained. Department of Children's Services for the work it is doing in watching children's wel­ My counterpart in South Australia-! am fare. When I was the Opposition spokesman sure the honourable members for South on welfare, I received excellent co-operation Brisbane and Brisbane Central will recognise from the department. that the Government of that State is one of their political colour-has maintained I remember a few yars ago that there was exactly the same practical approach at this a great hue and cry from people wanting to time. I believe that it will not be long before adopt Aboriginal children. However, the that type of secrecy will not be required. Department of Children's Services was very In practice, applicants will be directed to vigilant. It remembered the example of those countries, so that I cannot see that the 4572 Medical Act Amendment Bill [3 MAY 1979] Medical Act Amendment Bill secrecy will be maintadned for too long, any­ amendment lis to be made to eilJSure tha.t way. I would ask the indulgence of honour­ the defimmon rwti!H apply Oll!ly to privately able members at this stage to let us get conducted medLoal. caill Se!l'vlices ·as was the scheme off the ground. It would be intended. foolish of us to complicate matters unneces­ The Act currenD!y provddes for the estab­ sarily at this stage. lishment of a =mittee of asse=s to On -the matter of confidentiality in rela­ deitel'mill1e the medlilcal fit= of an appldoant tion .to problems created by natural parents­ for regis.tmtion m renewal of reg!ist·raitlion. the relaxation of that requirement is very and for pensons already registered under .the specific to inter-country adoptions undertaken Act t1o pmctlise mediloine. HO!Wever, there is under these particular arrangements. The no provdsion which makes it ob1~gatory for actual breach of secrecy, df I might describe the alp]JI1ioant to appear before the comm~ttee it in that way, will only apply to Govern­ and subm~t himself to exarndnation if neces­ ments of those countries or the authorities sary. An amendment w!i11 reat!ify this. Pro­ in those countries. I venture -to say that any vision is also made in the Bi:hl that, if the fears we may have about complications and ruppLioont f,aJils to appear or su:bmLt hiimselif '!'epercussions that could arise from natural to examination, the boaro shall[ reject his parents need be very minimal. There will be application. If the person is akeady re~ many safeguards and many obstacles lying tered, he shall be oaJJed upon to shorw cause between those natural parents and the adopt­ why hiis name Slhould nOit be e!l'ased from the ive families here un Queensland. regis.ter. Wlithout this amendment, we could not ln recent yoors rthere has been a consirler­ enter into this 3JI1I'angement. It is essential. wble inmease i:n the number of medi:cal I think the honourable member for South pracDitli:oners with acceptable overseas quwhl­ Brisbane understands that. I inform the fioations ruj)lplycing foil" and rece!iMiJng re~t'l'a­ honoumble member also that the matter he tiOill in Queensiliand. A substantlicl number referred to is under investigation. of these reglistmnts never praotrlse in Queens­ :I ind~cate 100 the honoumble member for land, or do so for Oll!ly a shoot perdoo. Toorw

has therefore been made in this Bill for private doctors are again starting to make such practices to be considered misconduct house calls in their areas. I think that it is in a professional respect. to the benefit of the community as a whole A further provision in the Bill is that if that doctors are now making house calls. a medical practitioner is convicted of two I hope that the doctors who are prepared to offences against the by-laws committed make house calls will not be disadvantaged within any period of 12 months, such will by this new regulation. If the locum services be considered to be misconduct in a pro­ are able to be zoned in this city, they fessional respect. could have an economic advantage over the A new section is to be inserted in the private doctors who want to make house calls. Act to give power to the board, with the I turn now to the registration of overseas approval of the Governor in Council, to doctors, the registration of doctors for the formulate rules governing the professional first time in Queensland, and the fact that conduct of medical practitioners, failure to they will have to practise within Queensland comply with which will be considered to be for 12 months. The Opposition believes that misconduct in a professional respect. that is a great idea. But a problem A number of the monetary penalty pro­ arises. We have been advertising visions of the Act are to be increased to throughout Australia, New Zealand-in fact, more realistic amounts. throughout the world-for doctors for I believe the provisions I have outlined to Queensland hospitals. Because of the poor be necessary to maintain the already high conditions under which specialist medical standards of medical practice enjoyed in this staff have to work in Australia, particularly State and to ensure that the community can in this State, we have received a very small confidently expect such standards to con­ response to those advertisements. As I have tinue. said before in this Parliament, .the specialist I commend the motion to the Committee. medical staff in this State have the worst working conditions in Australia. Mr. D'ARCY (Woodridge) (4.57 p.m.): In Often our hospitals hire medical staff recent years the role of the medical practi­ from overseas, hoping that their qualifications tioner in our community has come under will be accepted. Certain medical qualifica­ strong public scrutiny. The Opposition tions are just not acceptable to the Medical realises that the purpose of the Bill is to Board of Queensland. There is an example give the public more confidence in medical at the Prince Charles Hospital. A doctor practitioners throughout the State. Certainly from Madras, India, has applied for several it imposes stronger Government penalties positions on the staff of that hospital, but on medical practitioners who are, or may his qualifications are not acceptable. Other be, involved in the various practices that doctors, whose qualifications were supposedly the Minister has outlined. acceptable, have accepted positions on the I shall deal with the first proposal out­ staff of that hospital but, after they have lined by the Minister. Although he did not been appointed, they have never been heard explain it very well, I think it allows locum of again. Obviously these doctors must have services to be more effective by allowing been registered. them to be zoned. I do not think that the Minister actually mentioned that. This will I refer to a Dr. E. Toker, who was give the Government power to zone locum appointed to a position of psychiatrist at services. Obviously this will be of advantage Prince Charles Hospital on 9 May 1978. No to patients in various areas of the city who communication has been received from him at present have to wait long hours to see since August 1978, and the hospital is a doctor because he happens to be on the attempting to ascertain whether or not he other side of the city. intends to take up the position. That If this is the total intent of the Bill, information comes from the medical super­ there will also be dangers. It may give a intendent of that hospital. group of doctors in a particular area almost Obviously our methods in this area have an economic franchise over the locum been a bit slipshod. I refer to our methods services in that area. That is one danger that of ascertaining whether or not a doctor is the Opposition sees in this Bill. registrable, whether he is going to be Also, in recent times locum services have registered, and whether, after he is registered not greatly considered the individual patient. and accepts a position in Queensland, he Admittedly, I would say that they have is going to accept it. I think what the saved many lives in the city of Brisbane Minister has suggested here is a good idea. in recent times, because, with the changing After 12 months we will see whether doctors circumstances of doctors, they have not been have actually practised in the State in that prepared to make house calls in this city period. and in many other areas of this State. House I think that the provision that concerns calls had become a thing of the past. the Opposition more than any other in this With the changing attitude of doctors, the Bill has not been spelt out very clearly by changing medical situation in Australia, the the Minister. He referred in his introductory changing economic conditions and the threat speech to a medical practitioner who had from the Federal Government's Medibarlk, offered an inducement to another medical this position has started to change. Many practitioner for medical or diagnostic services 4574 }vfedica/ Act Amendment Bill [3 MAY 1979] Medical Act Amendment Bill

referred. It is obvious that that is a refer­ $100, they have ~been ludicrously low. Hon­ ence to pathology services, and it is some­ ournble members on this side of the Ghamber thing that must be concerning the Govern­ believe that the Medical Board, Wlhich gov­ ment and the medical profession as a whole. erns doctors in tllli.s S.tate, should be adopting Recently I heard my good friend Dr. Ken a more reailiistic isions problems in Queensland. The Minister said of the Bill. that it would be unethical for a doctor to Unt'il the Oppositlion sees the Bill, it wcill accept reward or inducement to refer patients go along with most of the proV1isions outLined to a particular doctor or to a particular by the Minister in his introductory speecih. service. l draw his attention to the fact that many doctors in this State obviously dropped Dr. LOCKWOOD (ToowOO!lllba Nonth) their ethical approach for financial induce­ (5.10 p.m.): There is a need to oontinuailily ment when Medibank was introduced, because update the leglal reqmrements that doc:tors many doctors in this State were investigated have to meet when they practise mediioine. and many were charged. For a long time the Bcitish Medical Associa­ It is important that doctors should not, tion controlled doctors rather well and for financial inducement, send their patients effectively by 1aying down an ethical standard for unnecessary tests or for tests that can that was, for a lengthy period, adhered to by be to the disadvantage of the patient from virtually every practising doctor. However, the point of view of his time, health, with the passage of time, there has crept into job or financial state. People have to spend the profession an element whose main aim is a great deal of time running backwards and not to treat patients but to make as much forwards when consulting doctors. Heaven money as they can. These are the people I knows, Mr. Miller, patients attending refer to as the smart young businessmen. the out-patient section at the Royal Since bhat pattern began to emerge, there Brisbane Hospital now wait six or eight have been, as the honoma;ble member for hours to see a doctor. They wait from 8 Woodrlidge said, repeated breaches of et:hics, o'clock in the morning till 3 o'clock in the particularly in fee-spi!Ltting, or dichotomy, as afternoon; if they have to get medicine, they it used to be called. This referred to the then have to wait another hour. If thev spliittmg of a fee in either equal or unequal have to go for pathology tests or X-rays, !t means two days off work just to see the shares. In recen~ years the A.M.A. has doctors at Royal Brisbane. There is a found that ii! is unruble to control this prac­ tremendous shortage of specialists to perform tice mruinly because it cannot reatlly invet5!tli­ those services. gate it and, even if it oo!rld, it has no way of preventling it. If the aHention of the There is one point that I have not men­ A.M.A. had been directed to fee-splitting, tioned yet that concerns me about pathology it would have expelled the members involved tests. The Minister did not mention it in his forthwtith. Of oourse, these days a great introductory speech; I hope that it is covered many doctors are not members of ~he A.M.A. in the Bill. The A.M.A. has pointed out to me privately that many doctors who are It might now be proper to refer to practising as G.P.s, or as members of groups pathology services, because in t:hat area a of G.P.s, have set up their own pathology great many of !the sel'VIices rendered are services. They have set up private com­ not performed by medtiaal pro.otlitfrOIIlers. Many panies to run pathology services and then people who work in patJhology laJboraronies employed. pathologists. How do they get on? are ol11ly techrncians, and cal!l thus be Are these doctors referring to their own employed in whatever numbers are necessrury companies? As I said, it can virtually be to run ,the serv:ice. proved that they are running their own com­ Mr. D'Arcy: Do you think these people panies. Are they not going to refer patients should come under the control o!f the regli!s­ to their own companies? Is the Bill going tra.tion board, too? to cover them? I hope so. The A.M.A. has told me that its officers Dr. LOCKWOOD: I would go so far as do not condone such medical ethics, but to say thiatt they should not even come within that is happening in this State. If the the ambit of the Act. These servrices should Minister wants me to prove that these services aM be perfoomed by a medlical pnaamti.oner. exist, I can supply him with a list. No doubt Eventually this a1l comes back to the ques­ he is aware of them, and the Health Depart­ tiOIIl of Colmmonwealth COilltrol of fees and ment must be aware of ,them. Federal refunds of fees. If a pathology service is officials have already investigated such prac­ not perlhnmed by a medlicaJ practition&, tices. The Opposition believes that it is an it should not be considered for a refund. As unethical practice. It is being carried on I sruid, this question of refunds !is one fm in this State, and it must concern all the Commonwealth. Queenslanders because such practices are I say that booause a survey aarmied out detrimental to medical services. four m five years ago showed that a large Generahly speaking, the Opposition lwborata>ry was able to perfocm a sei'V'i:ce for ap~oves of the increases in penathies th~at 40 per coot of the fee that could have been are prOV'ided for in the Bill. Of course, at oha.Dged for the servtice it performed. To Medical Act Amendment Bill [3 MAY 1979] Medical Act Amendment Bill 4575 my way of tmnking, this meant toot large emergency in a small western town. I would paDhology liaJbar&tooies were gtossly over­ have to stop work for an hour or more to charging for their sewices. reach a conclusion. In those days pathology These large laboratories have pl'Of\Ced that attracted such low fees that I did not even they can provide a serwce fm 40 per cent bother billing for it. Today the fees are of the fee that was made av

There is an onus on doctors employing universities each year. With 14,000,000 locums to ensure that the locums can in people-and that is the population of this fact do the work. If a locum service travels nation-it is quite remarkable that we open widely throughout Greater Brisbane, or our doors to doctors from all over the even one-quarter of Greater Brisbane, it world; yet in many cases the same countries cannot provide an effective service. from which those doctors come will not I am pleased ,to support the Minister in register many of our professional people. his introduction of the Bill. We live in an island nation with very limited opportunities for some people, par­ Hon. Sir WILLIAM KNOX (Nundah­ ticularly those in the professions. Our nation Minister for Health) (5.20 p.m.), in reply: is small in numbers compared with the I cannot agree with some of the views the multitudes in countries from which many of honourable member for Woodridge expressed these medical practititioners and other pro­ about the medical profession in his general fessional people come. So I think it is about remarks. I realise that he, like the rest of time-it is long overdue, in fact-that we us, may have encountered particular prob­ looked closely at providing opportunities for lems. To say that Medibank led to a lot of our own people in preference to those from doctors being in some bother with the law other parts of the world. It is not a matter and so on is quite incorrect in this State. of importing skills that are not available in It may have been so in some other parts of our country. Far from it. The only people Australia, but it was certainly not so in who seem to want to be registered in our Queensland. country, with the option of practising, are This is one of the very impressive things those who have just run-of-the-mill skills and about the medical profession in this State. talents that are readily available in our coun­ Even with the changes to the law and changes try. We are not particularly seeking any in policy, some of which create situations special skills from other parts of the world. that are hard to cope with administratively I am pleased to be able to introduce and create technical problems, doctors in this some tightening in this field. I hope that State generally have stood up well under other States will do the same. It has created those changes. Indeed, very few have been some problems. I have heard some stories in any bother with the law in regard to the that I am not able to verify, but it seems administration of the profession. They may to be fairly well reported that planeloads of have had some other problems with the law, doctors have come to Australia on a casual but not in relation to their profession. visit, had themselves registered in this coun­ In sharp contrast, we saw this week what try and then returned to their countries happened in South Australia, where 17 doc­ of origin. They come here as visitors and tors who are looking after their patients in manage to conform to some local rule or the normal way have been deregistered for something of that sort. the non-payment of $10 each. There is a difference of philosophy in Queensland in I repeat that, in recent times, more over­ handling these things. We have registration seas doctors have been registered in Aus­ fees here, but at least the medical profession tralia per annum than those graduating knows and understands what the obligations from our universities. This country cannot are. In South Australia doctors have been afford to support them if they all choose automatically removed from the register to practise here. We run the risk of not when in fact they are quite capable of con­ being able to support the doctors who tinuing their practice and doing it in a proper graduate in this country in the very near way. If South Australia adopted the practices future. It is a very serious problem; it is that we adopt administratively, I am quite more serious than many people understand. sure that that problem would not have arisen. I thank honourable members for their In defence of doctors, I make it quite support of the Bill. clear that the number of doctors who have run into trouble with the law governing Motion (Sir William Knox) agreed to. their practice in recent years has been very small indeed. It is not a general problem Resolution reported. at all, as suggested by the honourable member. There is no provision in this amendment FIRST READING for zoning. In the Act, under the by-laws, Bill presented and, on motion of Sir there is power for it-and there has been William Knox, read a first time. for some time-but as a practice it is not observed. In this State there is no zoning, as the honourable member for Woodridge SPEOitAL ADJOURNMENT would suggest. The honourable member for Toowoomba Hon. T. G. NEWBERY (Mirani-Leader North made a very important and relevant of the House): I move- speech. I thank him for his contribution, "That the House, at its rising, do particularly on the registration of overseas adjourn until Tuesday, 22 May 1979." doctors. It may not be generally known that more overseas doctors are being regis­ Motion agreed to. tered in Australia than graduate from our The House adjourned at 5.27 p.m.