PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-FIFTH PARLIAMENT

FIRST SESSION

Book 6 9, 10 and 11 November 2004

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

By authority of the Victorian Government Printer

The Governor

JOHN LANDY, AC, MBE

The Lieutenant-Governor

Lady SOUTHEY, AM

The ministry

Premier and Minister for Multicultural Affairs ...... The Hon. S. P. Bracks, MP

Deputy Premier, Minister for Environment, Minister for Water and Minister for Victorian Communities...... The Hon. J. W. Thwaites, MP

Minister for Finance and Minister for Consumer Affairs...... The Hon. J. Lenders, MLC

Minister for Education Services and Minister for Employment and Youth Affairs...... The Hon. J. M. Allan, MP

Minister for Transport and Minister for Major Projects...... The Hon. P. Batchelor, MP

Minister for Local Government and Minister for Housing...... The Hon. C. C. Broad, MLC

Treasurer, Minister for Innovation and Minister for State and Regional Development...... The Hon. J. M. Brumby, MP

Minister for Agriculture...... The Hon. R. G. Cameron, MP

Minister for Planning, Minister for the Arts and Minister for Women’s Affairs...... The Hon. M. E. Delahunty, MP

Minister for Community Services...... The Hon. S. M. Garbutt, MP

Minister for Police and Emergency Services and Minister for Corrections...... The Hon. A. Haermeyer, MP

Minister for Manufacturing and Export and Minister for Financial Services Industry ...... The Hon. T. J. Holding, MP

Attorney-General, Minister for Industrial Relations and Minister for Workcover...... The Hon. R. J. Hulls, MP

Minister for Aged Care and Minister for Aboriginal Affairs...... The Hon. Gavin Jennings, MLC

Minister for Education and Training...... The Hon. L. J. Kosky, MP

Minister for Sport and Recreation and Minister for Commonwealth Games...... The Hon. J. M. Madden, MLC

Minister for Gaming, Minister for Racing, Minister for Tourism and Minister assisting the Premier on Multicultural Affairs...... The Hon. J. Pandazopoulos, MP

Minister for Health ...... The Hon. B. J. Pike, MP

Minister for Energy Industries and Minister for Resources ...... The Hon. T. C. Theophanous, MLC

Minister for Small Business and Minister for Information and Communication Technology...... The Hon. M. R. Thomson, MLC

Cabinet Secretary...... Mr R. W. Wynne, MP

Legislative Assembly committees

Privileges Committee — Mr Cooper, Mr Herbert, Mr Honeywood, Ms Lindell, Mr Lupton, Mr Maughan, Mr Nardella, Mr Perton and Mr Stensholt.

Standing Orders Committee — The Speaker, Ms Campbell, Mr Dixon, Mr Helper, Mr Loney, Mr Plowman and Mrs Powell.

Joint committees

Drugs and Crime Prevention Committee — (Assembly): Mr Cooper, Ms Marshall, Mr Maxfield, Dr Sykes and Mr Wells. (Council): The Honourable S. M. Nguyen.

Economic Development Committee — (Assembly): Mr Delahunty, Mr Jenkins, Ms Morand and Mr Robinson. (Council): The Honourables B. N. Atkinson and R. H. Bowden, and Mr Pullen.

Education and Training Committee — (Assembly): Ms Eckstein, Mr Herbert, Mr Kotsiras, Ms Munt and Mr Perton. (Council): The Honourable P. R. Hall and Mr J. Scheffer.

Environment and Natural Resources Committee — (Assembly): Ms Duncan, Ms Lindell and Mr Seitz. (Council): The Honourables Andrea Coote, D. K. Drum, J. G. Hilton and W. A. Lovell.

Family and Community Development Committee — (Assembly): Ms McTaggart, Ms Neville, Mrs Powell Mrs Shardey and Mr Wilson. (Council): The Hon. D. McL. Davis and Mr Smith.

House Committee — (Assembly): The Speaker (ex officio), Mr Cooper, Mr Leighton, Mr Lockwood, Mr Maughan, Mr Savage and Mr Smith. (Council): The President (ex officio), the Honourables B. N. Atkinson and Andrew Brideson, Ms Hadden and the Honourables J. M. McQuilten and S. M. Nguyen.

Law Reform Committee — (Assembly): Ms Beard, Mr Hudson, Mr Lupton and Mr Maughan. (Council): The Honourables Andrew Brideson, Richard Dalla-Riva and David Koch, and Ms Hadden.

Library Committee — (Assembly): The Speaker, Mr Carli, Mrs Powell, Mr Seitz and Mr Thompson. (Council): The President, Ms Argondizzo and the Honourables Richard Dalla-Riva, Kaye Darveniza and C. A. Strong.

Outer Suburban/Interface Services and Development Committee — (Assembly): Mr Baillieu, Ms Buchanan, Mr Dixon, Mr Nardella and Mr Smith. (Council): Ms D’Ambrosio, Mr Scheffer and Mr Somyurek.

Public Accounts and Estimates Committee — (Assembly): Ms Campbell, Mr Clark, Mr Donnellan, Ms Green and Mr Merlino. (Council): The Honourables W. R. Baxter, Bill Forwood and G. K. Rich-Phillips, and Ms Romanes.

Road Safety Committee — (Assembly): Mr Harkness, Mr Langdon, Mr Mulder and Mr Trezise. (Council): The Honourables B. W. Bishop, J. H. Eren and E. G. Stoney.

Rural and Regional Services and Development Committee — (Assembly): Mr Crutchfield, Mr Hardman, Mr Ingram, Dr Napthine and Mr Walsh. (Council): The Honourables J. M. McQuilten and R. G. Mitchell.

Scrutiny of Acts and Regulations Committee — (Assembly): Ms D’Ambrosio, Mr Jasper, Mr Leighton, Mr Lockwood, Mr McIntosh, Mr Perera and Mr Thompson. (Council): Ms Argondizzo and the Honourables Andrew Brideson and A. P. Olexander.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Dr S. O’Kane

MEMBERS OF THE LEGISLATIVE ASSEMBLY

FIFTY-FIFTH PARLIAMENT — FIRST SESSION

Speaker: The Hon. JUDY MADDIGAN Deputy Speaker: Mr P. J. LONEY Acting Speakers: Ms Barker, Ms Campbell, Mr Cooper, Mr Delahunty, Mr Ingram, Mr Jasper, Mr Kotsiras, Mr Languiller, Ms Lindell, Mr Nardella, Mr Plowman, Mr Savage, Mr Seitz, Mr Smith and Mr Thompson Leader of the Parliamentary Labor Party and Premier: The Hon. S. P. BRACKS Deputy Leader of the Parliamentary Labor Party and Deputy Premier: The Hon. J. W. THWAITES Leader of the Parliamentary Liberal Party and Leader of the Opposition: Mr R. K. B. DOYLE Deputy Leader of the Parliamentary Liberal Party and Deputy Leader of the Opposition: The Hon. P. N. HONEYWOOD Leader of The Nationals: Mr P. J. RYAN Deputy Leader of The Nationals: Mr P. L. WALSH

Member District Party Member District Party

Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Leighton, Mr Michael Andrew Preston ALP Asher, Ms Louise Brighton LP Lim, Mr Hong Clayton ALP Baillieu, Mr Edward Norman Hawthorn LP Lindell, Ms Jennifer Margaret Carrum ALP Barker, Ms Ann Patricia Oakleigh ALP Lobato, Ms Tamara Louise Gembrook ALP Batchelor, Mr Peter Thomastown ALP Lockwood, Mr Peter John Bayswater ALP Beard, Ms Dympna Anne Kilsyth ALP Loney, Mr Peter James Lara ALP Beattie, Ms Elizabeth Jean Yuroke ALP Lupton, Mr Anthony Gerard Prahran ALP Bracks, Mr Stephen Phillip Williamstown ALP McIntosh, Mr Andrew John Kew LP Brumby, Mr John Mansfield Broadmeadows ALP McTaggart, Ms Heather Evelyn ALP Buchanan, Ms Rosalyn Hastings ALP Maddigan, Mrs Judith Marilyn Essendon ALP Cameron, Mr Robert Graham Bendigo West ALP Marshall, Ms Kirstie Forest Hill ALP Campbell, Ms Christine Mary Pascoe Vale ALP Maughan, Mr Noel John Rodney Nats Carli, Mr Carlo Brunswick ALP Maxfield, Mr Ian John Narracan ALP Clark, Mr Robert William Box Hill LP Merlino, Mr James Monbulk ALP Cooper, Mr Robert Fitzgerald Mornington LP Mildenhall, Mr Bruce Allan Footscray ALP Crutchfield, Mr Michael Paul South Barwon ALP Morand, Ms Maxine Veronica Mount Waverley ALP D’Ambrosio, Ms Liliana Mill Park ALP Mulder, Mr Terence Wynn Polwarth LP Delahunty, Mr Hugh Francis Lowan Nats Munt, Ms Janice Ruth Mordialloc ALP Delahunty, Ms Mary Elizabeth Northcote ALP Napthine, Dr Denis Vincent South-West Coast LP Dixon, Mr Martin Francis Nepean LP Nardella, Mr Donato Antonio Melton ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Neville, Ms Lisa Mary Bellarine ALP Doyle, Robert Keith Bennett Malvern LP Overington, Ms Karen Marie Ballarat West ALP Duncan, Ms Joanne Therese Macedon ALP Pandazopoulos, Mr John Dandenong ALP Eckstein, Ms Anne Lore Ferntree Gully ALP Perera, Mr Jude Cranbourne ALP Garbutt, Ms Sherryl Maree Bundoora ALP Perton, Mr Victor John Doncaster LP Gillett, Ms Mary Jane Tarneit ALP Pike, Ms Bronwyn Jane Melbourne ALP Green, Ms Danielle Louise Yan Yean ALP Plowman, Mr Antony Fulton Benambra LP Haermeyer, Mr André Kororoit ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Hardman, Mr Benedict Paul Seymour ALP Robinson, Mr Anthony Gerard Mitcham ALP Harkness, Mr Alistair Ross Frankston ALP Ryan, Mr Peter Julian Gippsland South Nats Helper, Mr Jochen Ripon ALP Savage, Mr Russell Irwin Mildura Ind Herbert, Mr Steven Ralph Eltham ALP Seitz, Mr George Keilor ALP Holding, Mr Timothy James Lyndhurst ALP Shardey, Mrs Helen Jean Caulfield LP Honeywood, Mr Phillip Neville Warrandyte LP Smith, Mr Kenneth Maurice Bass LP Howard, Mr Geoffrey Kemp Ballarat East ALP Stensholt, Mr Robert Einar Burwood ALP Hudson, Mr Robert John Bentleigh ALP Sykes, Dr William Everett Benalla Nats Hulls, Mr Rob Justin Niddrie ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Ingram, Mr Craig Gippsland East Ind Thwaites, Mr Johnstone William Albert Park ALP Jasper, Mr Kenneth Stephen Murray Valley Nats Trezise, Mr Ian Douglas Geelong ALP Jenkins, Mr Brendan James Morwell ALP Walsh, Mr Peter Lindsay Swan Hill Nats Kosky, Ms Lynne Janice Altona ALP Wells, Mr Kimberley Arthur Scoresby LP Kotsiras, Mr Nicholas Bulleen LP Wilson, Mr Dale Lester Narre Warren South ALP Langdon, Mr Craig Anthony Cuffe Ivanhoe ALP Wynne, Mr Richard William Richmond ALP

CONTENTS

TUESDAY, 9 NOVEMBER 2004 Member for Polwarth: comments...... 1368 South Barwon Community Centre...... 1368 ABSENCE OF MINISTERS...... 1337 MATTER OF PUBLIC IMPORTANCE. CONDOLENCES Hazardous waste: Nowingi...... 1368 Hon. Marie Therese Tehan...... 1337 STATEMENTS ON REPORTS Adjournment...... 1354 Scrutiny of Acts and Regulations Committee: redundant and unclear legislation ...... 1388 Public Accounts and Estimates Committee: WEDNESDAY, 10 NOVEMBER 2004 budget outcomes 2002–03 and 2003–04 ...... 1388 Public Accounts and Estimates Committee: BUSINESS OF THE HOUSE Auditor-General — rural ambulance services .... 1389 Notices of motion: removal...... 1355 1390, 1391 Ballarat Reform League Charter...... 1358 QUESTIONS WITHOUT NOTICE Program ...... 1359 Rural Ambulance Victoria: computer-aided FAIR TRADING (ENHANCED COMPLIANCE) BILL dispatch system...... 1392 Introduction and first reading...... 1355 Go for Your Life campaign...... 1392, 1393, 1394, 1395 EMERGENCY SERVICES TELECOMMUNICATIONS Tertiary education and training: regional AUTHORITY BILL agricultural campuses ...... 1393 Introduction and first reading...... 1355 Melbourne showgrounds: redevelopment...... 1394 CORRECTIONS AND MAJOR CRIME Water: free trade agreement...... 1395 (INVESTIGATIVE POWERS) ACTS Speed cameras: West Gate Bridge...... 1396 (AMENDMENT) BILL Victorian Competition and Efficiency Introduction and first reading...... 1355 Commission: building industry ...... 1396 PETITIONS DISTINGUISHED VISITORS ...... 1397 Bendigo: Lake Weerona tram track...... 1355 MINISTERIAL STATEMENT Rail: Sandringham line...... 1356 Honouring and Supporting Victorian Veterans...... 1397 Melbourne University: regional agricultural TEACHING SERVICE (CONDUCT AND campuses ...... 1356 PERFORMANCE) BILL PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Council’s amendments...... 1405 Auditor-General: rural ambulance services ...... 1356 COMMONWEALTH POWERS (DE FACTO DOCUMENTS ...... 1357 RELATIONSHIPS) BILL ROYAL ASSENT...... 1358 Second reading ...... 1412 APPROPRIATION MESSAGES ...... 1358 Remaining stages ...... 1418 ELECTORAL LEGISLATION (AMENDMENT) BILL MEMBERS STATEMENTS Gas: Upper Yarra and Yarra Valley supply...... 1361 Second reading ...... 1418 Planning: Croydon development...... 1362 LIQUOR CONTROL REFORM (UNDERAGE Paul Xuereb...... 1362 DRINKING AND ENHANCED ENFORCEMENT) BILL Weary Dunlop You’ve Got What It Takes award.....1363 Second reading ...... 1426 Cranbourne: Can Do guide...... 1363 Police: rural stations...... 1363 PETROLEUM PRODUCTS (TERMINAL GATE State Emergency Service: Frankston unit ...... 1364 PRICING) (AMENDMENT) BILL Frankston Returned and Services League: Second reading ...... 1436 Remembrance Day ceremony...... 1364 Remaining stages ...... 1447 Major projects: performance...... 1364 ELECTRICITY INDUSTRY (WIND ENERGY Eltham East and Lower Plenty primary schools: DEVELOPMENT) BILL concerts ...... 1364 Second reading ...... 1447 Primary Industries: Mallee staff...... 1365 ADJOURNMENT Eureka: rebellion anniversary...... 1365 Planning: native vegetation amendment...... 1461 Australian Labor Party: policies ...... 1365 Better Work and Family Balance Grants Silvan Foundation: Positive Futures program ...... 1462 scholarships ...... 1366 Disability services: Moira ...... 1462 Employment: apprentices and trainees ...... 1366 Consumer affairs: school programs...... 1463 Whittlesea Leader business awards...... 1366 Bass Coast: rates ...... 1464 Rail: Gippsland line ...... 1367 Youth: federal policy...... 1464 East Bentleigh Junior Soccer Club...... 1367 Schools: Russian and Hebrew examinations ...... 1465 Melbourne University: regional agricultural Yarra Valley: produce brand...... 1465 campuses ...... 1367 Gas: Mernda supply ...... 1466 CONTENTS

Gas: Heathcote and Rushworth supply ...... 1466 Hazardous waste: Nowingi...... 1490 Responses ...... 1466 Mitcham–Frankston freeway: ConnectEast float ....1491 Hospitals: rural and regional...... 1491 Parks Victoria: grants...... 1492 THURSDAY, 11 NOVEMBER 2004 Water: sales agreement ...... 1492 Students: literacy standards...... 1494 BUSINESS OF THE HOUSE Wine industry: performance ...... 1495 Photographing of proceedings...... 1469 LIQUOR CONTROL REFORM (UNDERAGE Notices of motion: removal...... 1469 DRINKING AND ENHANCED ENFORCEMENT) PUBLIC ADMINISTRATION BILL BILL Introduction and first reading...... 1469 Second reading...... 1495 LEGAL PROFESSION BILL Remaining stages ...... 1507 Introduction and first reading...... 1469 ELECTORAL LEGISLATION (AMENDMENT) BILL PETITIONS Second reading...... 1507 Aboriginals: Locksley correctional centre ...... 1469 Remaining stages ...... 1508 Planning: Mitcham development...... 1469 FAIR TRADING (ENHANCED COMPLIANCE) BILL Motor registration fees: concessions...... 1470 Second reading...... 1509 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE EMERGENCY SERVICES TELECOMMUNICATIONS Budget estimates 2004–05 ...... 1470 AUTHORITY BILL Second reading...... 1510 DOCUMENTS...... 1470 CORRECTIONS AND MAJOR CRIME PLANNING: NATIVE VEGETATION AMENDMENT ...1470 (INVESTIGATIVE POWERS) ACTS MEMBERS STATEMENTS (AMENDMENT) BILL Isador Magid ...... 1471 Second reading...... 1513 Police: complainant’s rights...... 1471 ADJOURNMENT Sam Baker...... 1471 Education and Training: executive salaries...... 1514 Planning: native vegetation amendment ...... 1471 Exports: Ear Associates Pty Ltd...... 1515 Greater Geelong: elections...... 1472 Housing: Shepparton...... 1515 Member for Yuroke: performance ...... 1472 Consumer affairs: Patterson Lakes subdivision ...... 1516 Public holidays: Liberal Party policy...... 1472 Wind farms: Naroghid ...... 1517 Minister for Innovation: performance ...... 1473 Police: Melton...... 1517 Ferntree Gully Primary School: Housing: Gippsland East tenants...... 1518 130th anniversary ...... 1473 Woodend: children’s centre...... 1518 Peta Clark...... 1473 Port of Melbourne Corporation: dredging Youth Ambassadors program...... 1474 contract ...... 1519 Hospitals: waiting lists...... 1474 Eastern Access Community Health: children’s Frankston: Victorian Volunteer Small Grants centre...... 1519 program...... 1474 Responses ...... 1520 Water: drilling fees...... 1475 Schools: funding...... 1475 Creswick Forestry Fiesta...... 1475 MEMBERS INDEX...... i James Hardie: asbestos compensation...... 1476 Tourism: food and wine plan ...... 1476 Parliament: electronic democracy...... 1476 Cheltenham-Moorabbin Returned Services League: 85th anniversary...... 1477 ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL Second reading...... 1477, 1508 Circulated amendments...... 1508 Remaining stages...... 1509 ADDRESS BY MAYOR OF BALLARAT Ballarat Reform League Charter...... 1486 ABSENCE OF MINISTER...... 1489 QUESTIONS WITHOUT NOTICE Melbourne showgrounds: redevelopment ...... 1489, 1491 Sailing: International 470 World Championships...... 1489 CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1337

Tuesday, 9 November 2004 as a secondary school teacher at Sacred Heart College in Mansfield before opening a legal practice in 1970. The SPEAKER (Hon. Judy Maddigan) took the chair at 2.03 p.m. and read the prayer. The years that followed must have been incredibly busy for Marie Tehan. She ran her growing law practice and served as a senior member of the Veterans Review ABSENCE OF MINISTERS Board, a board member of Foster Parents Plan of Australia, the secretary of Foster Parents Plan The SPEAKER — Order! Prior to the International and a member of the Goulburn/North East commencement of the condolence motion I have been Regional TAFE board. And she raised six children. asked by the Deputy Premier and the Minister for Planning to formally note their apologies. They are In 1987 she became the first resident of Mansfield shire attending the funeral of a former member of the to be elected to state Parliament when she became the Department of Sustainability and Environment, Paul member for Central Highlands Province in another Jerome, who died very suddenly last week. place. Between 1987 and 1992 Marie Tehan served as the shadow minister for conservation, forests and lands; industry, technology and resources; status of women; CONDOLENCES and health.

Hon. Marie Therese Tehan In 1992 she was elected as the member for Seymour in this chamber and became a minister of the Crown. Mr BRACKS (Premier) — I move: Between 1992 and 1999 Marie Tehan served as the That this house expresses its sincere sorrow at the death of the Minister for Health and the Minister for Conservation Honourable Marie Therese Tehan and places on record its and Land Management. In health she oversaw the acknowledgment of the valuable services rendered by her to introduction of casemix funding — a method of the Parliament and the people of Victoria as member of the funding that is now widely used across Australia. In Legislative Council for the electoral province of Central conservation and land management she played a Highlands from 1987 to 1992 and member of the Legislative Assembly for the electoral district of Seymour from 1992 to leading role in saving 13 000 hectares of old growth 1999, Minister for Community Services, Minister responsible forest near Mount Hotham. for Aboriginal Services and Minister for Health Services from October to November 1992, Minister for Health from 1992 to It was during that time — when Marie Tehan was 1996 and Minister for Conservation and Land Management Minister for Conservation and Land Management — from 1996 to 1999. that I had most of my dealings with her as a minister. I Much has been said and written about Marie Tehan can remember as an opposition member — I was not since she passed away at her home in Nagambie nine leader at that time — taking a delegation of citizens days ago. Those words paint a picture of a person of from Williamstown to meet with her about the Point substance and compassion; a person who contributed Gellibrand state park proposal. I have to say that Marie much to Victoria in terms of her work for the health Tehan gave a lot of time, effort and support towards system and her concern for the environment; a person ensuring that part of Point Gellibrand was preserved who championed the rights of asylum seekers through and saved for the future — and I know that residents her work on the refugee committee of the St Vincent are grateful for her efforts in that regard. She was de Paul Society, the Refugee and Immigration Legal unfailingly generous with her time, and also a real Centre and the Catholic Commission for Justice, professional in the way she dealt with that issue. I know Development and Peace; and a person who showed that many members — whatever side of the house they unflinching courage when confronted with a disease are on and whatever the issue that concerned her that had also taken the life of her sister. portfolio — would have similar experiences of the way she has dealt with issues. A politician, a lawyer, a wife, a mother, a grandmother and a humanitarian — Marie Therese Tehan achieved As members would be aware, our government was much in her life. She was born in Melbourne on pleased to appoint Marie Tehan to the 19 June 1940, and was educated at Sacre Coeur and the Goulburn-Murray Water board earlier this year. Water University of Melbourne, graduating with a bachelor of management is a key agenda item, a key issue, for our laws degree in 1961. She worked as a tutor in law at government, and we wanted the best available person to Newman College and as an assistant examiner in fill that role. Marie Therese Tehan was that person. Melbourne University’s law faculty. She also worked CONDOLENCES

1338 ASSEMBLY Tuesday, 9 November 2004

In conclusion I would like to recall one of the many David and Patrick and eight much-loved and cherished stories that has been told about Marie Tehan. In an grandchildren. article published in the Herald Sun last week, her former press secretary, James Tonkin, told how she set Marie really had five careers. As the Premier pointed out to learn more about her conservation and land out, she first had a career as a schoolteacher at Sacred management portfolio by camping in East Gippsland Heart College, Mansfield. She was then a solicitor. She with her husband, Jim, and youngest son Patrick. A started a very modest practice — I think in the back of a conservation group challenged the minister — small shop — which flourished. She was a member of conservation groups often do that — to join it on a this Parliament between 1987 and 1999. As the Premier climb of Mount Ellery. She accepted the challenge and, said, she was a member for Central Highlands Province 300 metres from the summit, overcame a sheer rock in the other place from 1987 to 1992 and the member face to complete the climb. This is indicative of the for Seymour from 1992 to 1999. She had ministerial career and life of Marie Tehan. When confronted with responsibilities, including a brief stint in the caretaker life’s obstacles, Marie Therese Tehan did not flinch. period between October and November 1992 but then principally as Minister for Health from 1992 to 1996 She will be sorely missed by her community and by her and Minister for Conservation and Land Management family, many of whom are here with us today. I from 1996 to 1999. acknowledge on behalf of the Parliament their presence in the gallery today. I congratulate members of Marie’s Those three careers would have been remarkable, but family for the moving tributes they offered her at her Marie also had a fourth career, which was both a recent state funeral — I think all of us were moved by lifelong and particularly a post-political career: she was those fitting and appropriate tributes. To her husband, a volunteer and an advocacy worker, particularly for Jim, to her children Kathryn, James, Daniel, Rachael, refugees. She had a lifetime of service doing that, as the David and Patrick, and to her grandchildren Tom, Sam, Premier has pointed out, including with Foster Parents Lily, Isabelle, Alice, Oliver, Maya and Henry, we pass Plan but even more recently with the Melbourne on our sincere condolences. Cancerians Committee. As the Premier said, she also had the integrity and courage to publish and speak Mr DOYLE (Leader of the Opposition) — I am publicly against our federal party’s policies on refugees, delighted to second the motion of condolence for Marie detention and the rights of women and children in Therese Tehan who was born on 19 June 1940 and died particular, and she did so as recently as December on 1 November 2004. Her late father, Frank O’Brien, 2003. was a small businessman and publican and her family moved throughout Victoria, including East Kew, But I believe to Marie her first and foremost career was Shepparton and Dandenong. Her much-loved mother, as a wife, a mother and a grandmother. She was the Alice, is also deceased. Marie had two brothers, Paddy Tehan family fulcrum. I first met Marie years before I and Denis, who are both with us today, and a deceased entered this Parliament — before I entered politics — older sister, Helen. It is a sad coincidence that Marie because I taught one of her boys. If you thought Marie died on Denis’s birthday and was buried on Paddy’s Tehan was tough and uncompromising as a health birthday. minister, try sitting across a table from her at a parent-teacher interview. I say to her family that she Marie was educated at Sacre Coeur, and one of the was realistic. If she had to be critical of one of her boys, favourite stories that was told at her state funeral was she was, but that was certainly not an invitation for that of a nun who asked Marie during year 12 what she anybody else to take that liberty! would be doing in the next year because she would surely fail her matriculation. Of course she passed with Marie was Minister for Health between 1992 and 1996, honours, and as was remarked upon at the state funeral, which was a period of great reform. The poor financial ‘Those nuns are some motivators’. She went on to position inherited by the Kennett government required complete a bachelor of laws degree at Melbourne both a 10 per cent saving across the health portfolio and University, was in the top four law students in her year also better services. Marie Tehan was in the difficult and was president of St Mary’s College. position of implementing this policy while at the same time introducing significant reforms across the In 1963 she married Jim and began a wonderful portfolio. Anyone who understands the problems and lifelong association. She started her married life on the complexity of health policy will appreciate the dilemma Tehan family property, Wappan, at Lake Eildon. As the that faced Marie. But she delivered the savings, and her Premier has said, Marie is survived by her six children reforms and stewardship of the portfolio were also and their families: Kathryn, James, Daniel, Rachael, CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1339 delivered within two years, including such things as a perfectly capable of doing. She, like another, was ‘a 10 per cent reduction in elective surgery waiting lists. lady not for turning’ when it came to the hard decisions.

When I think of her greatest reforms in the health After her retirement from Parliament Marie faced the portfolio, three come readily to mind. The Premier has burden of the Metropolitan Ambulance Service royal mentioned casemix funding, a funding formula that has commission — what was to become known as the now been adopted in a number of other jurisdictions. Intergraph affair. About that I will say just that the Marie’s success in this area was recognised by Dr Neal allegations were proved wrong. The royal commission Blewett, a former health minister in a Labor federal vindicated Marie Tehan’s consistent claims that she government. In his retirement speech to the federal would be exonerated. The royal commissioner found Parliament Neal was very generous in his praise of her to be an honest and reliable witness and found her Marie. Of her reforms he said: conduct was ‘neither illegal nor improper’. The royal commissioner characterised Marie as a politician who The most imaginative set of reforms to deal with the hospital told the truth. I take my cue from family members who system in this country in the last half a dozen years. mentioned the royal commission in their eulogies last That was an eloquent testament to Marie’s efficiency in Friday, and my words reinforce the view of the family, the health portfolio. certainly of our party and indeed of the royal commission itself. Marie also introduced the hospital network systems. They were changed a little after she left the portfolio, After Marie retired from politics, Jim and she enjoyed but that was an enormous shake-up, which I am their new home and property at Dalhousie, near delighted to say the present government has continued. Nagambie. Marie continued her community work, We are better served by that reorganisation of our including her strong commitment to improving the lot public hospitals. of refugees and asylum seekers. During her last few years Marie was happily surrounded by children and A third that I mention is one she was perhaps not quite sons and daughters-in-law. Most importantly, she was so well known for — that is, the mainstreaming of surrounded by her grandchildren — all eight of them. mental health. Marie was determined to remove the stigma attached to mental health and to provide better I read an interview with Marie that was conducted in and more mental health services. That was not entirely 1993. She described herself as a ‘true Gemini … fashionable in the late 1980s and early 1990s, but I twins … a bit of this and a bit of that’. I do not think she know that she worked very hard with members on both meant she was a person of contradictions, but she did sides of this house to achieve a better result for those mean she was a person of contrasts. That was brought with a mental illness. She also had a very strong home to me at the state funeral last Friday, in particular. commitment to better programs and research for heart When you consider one Marie, the health minister, you disease and cancer. I refer particularly to breast cancer see her as tough, uncompromising, logical, intelligent and BreastScreen. Post politics her commitment and forthright. That is an accurate picture of the continued through the Melbourne Cancerians Honourable Marie Tehan. But then at her funeral Kathy Committee. told stories of Marie the grandmother going into the bedroom of sleeping grandchildren and then emerging Between 1996 and 1999 Marie was the Minister for with some sleepy, drowsy, blinking child and saying, Conservation and Land Management. She presided ‘Look! She’s just woken up!’. ‘Yes, sure, Marie!’. A over a number of very worthwhile reforms including, as better picture, and it is a memorable one, is of Sunday the Premier said, the saving of over 13 000 hectares of mornings at Dalhousie, with Jim and Marie in bed old growth forests in the Wongungarra Valley near surrounded by grandchildren, where there was tea, Mount Hotham. She also oversaw the establishment of toast, songs and games. That too was Marie Tehan. Parks Victoria. Marie died of Creutzfeldt-Jakob disease (CJD). The I must say that in thinking about Marie Tehan one chances of being affected by that disease are judgment you always feared from her was to be called miniscule — one in a million. Marie’s older sister, stupid. It was an adjective she could apply to a man, a Helen, died of the disease 20 years earlier. The chances woman, an idea or a decision. Marie could inflect that of two siblings attracting this disease must be billions to relatively innocuous insult with such dismissiveness — one. Those who attended Marie’s funeral could only not venom or contempt; that was not her way — that have been struck by the courage of her family’s you just hoped it was never used on you either in speaking about the nature of this disease, particularly private or indeed to your face, which Marie was CONDOLENCES

1340 ASSEMBLY Tuesday, 9 November 2004 her brother, Paddy O’Brien, who, along with Denis, has Mr RYAN (Leader of The Nationals) — I rise on now lost both of his sisters to CJD. behalf of The Nationals to join in this condolence motion in company with the Premier and the Leader of The family spoke of the courage Marie showed when the Opposition. With due respect to her, Marie Tehan she was told that she had CJD and of the dignity that was a class act. She had many facets and aspects, and surrounded her final weeks. One could only have been we have heard some of them recited today by the struck by the strength and love of Marie’s family, so Premier and the Leader of the Opposition. First and evident at the requiem mass held at St Malachy’s foremost, she was a wonderful wife to Jim for 41 years Catholic Church in Nagambie. The church was full; the and the mother of their six children. Apart from those two marquees outside were both full; there was wonderful traits and tributes, she had a superb intellect. standing room only. The music was wonderful and the readings were beautiful. The mass was celebrated by She defied the odds set out to her by a doubting nun the Bishop of Sandhurst, the Very Reverend Joe Grech, and passed her matriculation, passed her legal exams and a number of priests, including the provincials of the with honours, coming fourth in her class, and went on Society of Jesus and the Blessed Sacrament Order. The to conduct her own practice. She started on a principal celebrant was Fr Graeme Duro, who had also two-day-a-week basis and it flourished almost worked for Marie in her ministerial office while on inevitably, turning into a full-time practice. She then sabbatical from his priestly duties. took her intellect forward into this place, becoming renowned as a very able, competent and capable I found the tributes to Marie very moving: the eulogies member of this Parliament. She served in two by Jim Tehan and by Paddy O’Brien, and the portfolios — Minister for Health and Minister for contributions by James Tehan, Rachael Kemp, Kathryn Conservation and Land Management. She then took Cameron and Daniel Tehan, and the readings by Patrick that intellect and her commitment to things at large and and David. During the funeral, as I mentioned, Paddy life in general into her advocacy, particularly on behalf O’Brien told the story of Marie’s telling him about the of asylum seekers. fact that she had been diagnosed with CJD. When he asked her how she felt about that, her reply was Last week I, my wife, Trish, and about 500 others extraordinary: she said she felt remarkably calm. We attended the requiem mass at Nagambie. It truly was an should remember that 20 years before she had seen extraordinary day. Jim Tehan stood up and spoke so Helen die of this aggressive, cruel disease. Marie knew eloquently and lovingly of his wife. Each of the the prognosis. children contributed something of their own to the day, putting a different persuasion on the things that were This is a matter of great sadness to me. Marie must said. I thought their contributions were wonderful. have known — she did know — that CJD was a death What about my mate Paddy O’Brien? We have been sentence. She must have known that she would lose her good friends for more than 20 years. I thought his independence. She must have known that she would contribution on the day was fantastic. As is his wont, lose that fine, sharp mind. She must have feared that her Paddy managed to snap an Achilles tendon a couple of dear family would slip away from her as that terrible, weeks before Marie’s tragic passing, so Paddy’s wife, dark curtain came down. The reality of course is that Julia, and I had to help him to his feet on Friday. We she could never lose that extended family — the propped him over the crutches and he was able to Tehans, O’Briens, Arthurs, Camerons and Kemps. All hobble up to the altar and eventually take his place at who were at the service felt the love and the faith that the rostrum. What a great speech, what a wonderful infuse and sustain them all. contribution he made.

In the eulogies last Friday and the obituaries published I pause to say that Paddy O’Brien’s abilities as a since, Marie was variously described as highly speechmaker are far greater than his abilities on the principled, forthright and humane, loyal, tennis court. I felt he made a fantastic contribution, not compassionate, articulate and charming, intelligent and only in its own right but also for his sister in hardworking, tough, the essence of intellectual circumstances where his other sister, Helen, had passed feminism, and loving and caring. From all of my away those 20 years earlier. Just imagine the sorts of personal and professional experience of Marie, these things that were swirling around in Jim’s mind and the descriptions and sentiments are all true. In saying minds of the children. goodbye to Ann Henderson in this place, I farewelled a dear friend. In saying goodbye to Marie Tehan, I There were subsets to the day which perhaps were not farewell a dear friend and mentor. so evident. Vin Arthur spoke; he delivered one of the prayers of the faithful. Vin Arthur is a prince of a man. CONDOLENCES

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He was married to Helen but he lost her 20 years ago, same proportion! Certainly the Tehans would hold when he was left widowed as the father of five young sway with most, particularly over near Rochester or children. Here it was again being brought back to him. Wappan or as may be. Vin Arthur has seen tragedy in his life, but he has been smiled upon twice by his God, because having lost a What we saw on Friday was something that we do not wonderful lady in Helen he years later married Dianne, reflect on enough in this place, and that is evidence of who was with him at the church on Friday. To see that the fact that we all have a life outside here. We saw interaction among those people, many of whom I know opened up to us on Friday just for a brief period an so well, added to an extraordinary day. opportunity to look through the window at one of the great country families in the state — the Tehan clan. I The requiem mass itself was a fantastic celebration of thought it was a great tribute to a great lady. On behalf Marie’s life. I thought the way Fr Graeme Duro of The Nationals I convey my deepest sympathies to concelebrated it with Bishop Grech and the other Jim, the children, Paddy, Denis and members of the priests in attendance was a pointer to one of the great extended family. Vale Marie Therese Tehan. standpoints in Marie’s life — namely, her Catholic faith. She always stood by it and it always stood by her. Mr BATCHELOR (Minister for Transport) — This It was on display on Friday and I thought it added to the house was saddened by the passing of Marie Tehan on occasion immensely. Sunday, 31 October 2004. She was 64 years of age, being born on 19 June 1940 in Melbourne. Marie I suppose that for most of us the legacy Marie leaves studied law and went on to become a tutor at Newman she left in this place and in this chamber. I was a part of College. She was later an assistant examiner in the law the government when she was fulfilling those faculty at Melbourne University. ministerial roles. Of course she was subjected to a deal of attention in the latter part of her time as a minister. It Marie went on from there to hold a number of positions is Marie and the family’s day today so we are not going on boards, being actively interested in wider to dwell on those issues. Suffice it to say, I think it is community issues. She was a member of the Veterans instructive to reflect upon the commentary by Jim and Review Board, the Australian and international board Daniel on Friday and by the Leader of the Opposition of Foster Parents Plan and a number of regional TAFE today as to the findings of the royal commission. They boards. As the Leader of The Nationals just in themselves were extraordinary. Not only was this commented, earlier this year the government appointed lady not found guilty of any misdemeanour, but she her to the board of Goulburn-Murray Water. That was, was absolutely cleared and found innocent. It was a as he said, a ministerial recommendation that went to commentary upon her. However, that aspect did not cabinet, where it was enthusiastically supported. We finish there. saw it as a good appointment, and we are saddened that she was unable to fulfil the hopes that were held of her In the middle of this year the government appointed in our making that appointment. Marie to the board of Goulburn-Murray Water. I thought at the time that in its own way it was a pretty Marie Tehan made a noble contribution to Victoria. She courageous appointment. These appointments are made was first elected to Parliament in 1987 as a member for by the minister, but they are cabinet appointments. I Central Highlands in the other place before becoming know Marie was deeply grateful for the opportunity to the member for Seymour in this place in 1992. She serve on that board; tragically she was robbed of that served both houses of this Parliament with commitment opportunity as fate took its hand. I also know that Jim for 12 years. During that time she held a number of and the children and Paddy and Denis share that point cabinet positions in the Kennett government, including of view. I think on this of all days it is important to Minister for Community Services, Minister responsible reflect on that. for Aboriginal Services, the Minister for Health and Minister for Conservation and Land Management. My mother, Marie Ryan, was a Tehan. Her married During this period a major, if controversial, milestone name is Ryan, but she has worn both names as badges was overseeing the introduction a new hospital funding of honour all her life. I rang her last night to try to get formula, casemix. some instruction from her as to the relationship between Marie and me. I am afraid I can shed little light But she also made a significant contribution in the on the topic; being just a simple country boy it is all too environment and conservation area. This was recently complex for me. Suffice it to say that somehow by acknowledged by The Wilderness Society, which marriage we were related. It is said around the hills of commended her for saving some 13 000 hectares of old Dookie that Ryans, rabbits and Moylans are all of the CONDOLENCES

1342 ASSEMBLY Tuesday, 9 November 2004 growth forest at Wongungarra Valley near Mount changed! Marie’s talent shone through then, and she Hotham in her capacity as conservation minister. was very quickly endorsed as our candidate for a by-election in the upper house province of Central Her passion for social policy and justice were Highlands, which she won early in 1987. Marie told me admirable. She had a high regard for family: she was that her never wavering loyalty to Jeff Kennett was the loving mother of six children and was recently forged during that turbulent and character-building described as a role model for all women. by-election campaign, which he very much guided her through. Mind you, she told me later that her election Marie retired from state politics in 1999 but maintained night was probably one she would rather forget given a an active interest in public service, particularly with certain famous and colourful car phone conversation regard to refugees. She became so committed to this that transpired later that evening between Jeff and his cause that after visiting the Maribyrnong detention mate Andrew Peacock regarding John Howard, our centre she commented that she was appalled by the current Prime Minister. mental and emotional state of the detainees. She went on to play a leading role as an advocate for refugees. When I came into this place in 1988 Marie was one of She worked with the boards of the Refugee and the few who would take the time to look out for you as Immigration Legal Centre and the Catholic a newcomer. At the time her thoughtful words, her Commission for Justice, Development and Peace and wonderful smile and those amazing blue eyes were the refugee committee of the St Vincent de Paul something you looked out for too. She was always Society. immaculately tailored. She was in every sense — I know it is an outdated term — a real lady, yet she could Marie spoke out fervently against the injustice of mix it with the best of them, and she could mix it with mandatory detention. Her commitment to social policy all walks of life. I am certain that having a publican for was not hindered by party politics. As members will a father and having Jim, a farmer, for a husband helped have read, in the Age on 17 February 2003 she was in terms of mixing it with all walks of life. prepared to speak out publicly, stating that the federal government’s statements and public fears had created a Marie was particularly a mentor to both the members ‘bizarre entanglement’ of refugees with terrorism, for Brighton and South-West Coast and the member for which she regretted, and it drove her on to work even Malvern, our current leader. I well recall that in the harder for those people on whose behalf she was health and community services policy arena, Marie advocating — the refugees. Marie motivated and very much guided the member for South-West Coast inspired other people to be better informed on this and the member for Malvern, but at a personal level issue — to get out there and get involved, and to be that mentoring was very strong indeed. Before the compassionate and help the less fortunate in our member for South-West Coast attained his current society. sartorial elegance, I well recall that the only time we thought Denis had a decent necktie was when Marie I, along with others, offer my sincere condolences to returned from an overseas trip and would buy him one Marie Tehan’s loving and large family. at the airport lounge.

Mr HONEYWOOD (Warrandyte) — In rising to On a more serious level I remember that back in those speak today I would like to focus on just two of Marie’s days the member for Malvern was not, let us just say, attributes: her mentoring role and her loyalty to the apple of Jeff’s eye and was not necessarily seen to individuals and causes in which she believed. When be one of Jeff’s greatest — but I will move on. Marie you look back on any career, and particularly on this was a fearless champion for the member for Malvern. career, you warmly remember colleagues or elders who Around the cabinet table if there was any position going took a genuine interest in your progress, who for somebody to chair an important and sensitive encouraged you when you were at a low ebb and who inquiry into any government service delivery, Marie selflessly provided advice on the way forward. Back in would without hesitation fearlessly advocate to the then those days those colleagues were very much in the Premier that the member for Malvern was the right man minority. Marie Tehan was a very important mentor for for the job. Whilst her loyalty to Jeff was paramount, a number of us on this side of the house. she was very much loyal to those whom she regarded I first met Marie in 1986 when she and I took part in the as protégés and had a big future ahead of them. Liberal Party’s first ever prospective candidates training I got to know Marie well as a fellow cabinet minister program. I well recall the member for Bass was also an when she sat next to me on the government front bench outstanding graduate of that intake. He has not in this chamber from 1996 to 1999. I have to say that CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1343 she faced the most amazing, sustained and vindictive place and the political forum in the chamber, she was attack on a minister I have witnessed in this chamber, always very courteous, accessible and friendly. and she was by then no longer the Minister for Health. She never let it really show; except when question after She came to the conservation portfolio a bit to my question was thrown at her I noticed that she would surprise, I must confess, and with a very good take a deep breath alongside of me, rise to her feet, reputation with environmental groups because when walk over to where the Premier is now sitting, and the she was shadow minister in opposition she had only telltale sign of the stress involved in that sustained persuaded the Liberal Party to support new national attack on her was the fidgeting with her eyeglasses case parks. I cannot recall whether it was the Mallee behind her back. That eyeglasses case was her rock that National Park or the Alpine National Park, or perhaps she took to the table when she was facing a barrage. both, but she certainly persuaded the Liberals to sit on Enough said on that. She was the real lady she has our side of the house, and that new national park was always been. She was able to defend herself, and she created. was an outstanding parliamentary orator and performer. In her term as minister, environment groups nominate I would like to pay particular tribute to Marie’s the Wongungarra wilderness being added to the friendship with Ann Henderson, a former minister national park as her greatest achievement, but the responsible for Aboriginal affairs. Ann Henderson and creation of Parks Victoria and the Victorian coastal Marie’s friendship came into their lives at a very strategy were also bold moves — ones that I appropriate time. They were both ministers, they were subsequently amended as minister; but that just both first-time grandparents, and they had moved into reflected the political differences and approaches townhouses close to one another. Every morning those between us. She was an active minister and she two fine ladies would go for a walk around the tan. certainly kept me very busy. It was very hard to pin her They used to talk about those morning discussions, and down; she was a pretty tough political opponent. they gained a great deal from that friendship they shared. I know Marie was particularly affected by When I became minister and took my seat behind the Ann’s passing, and I am sure the Henderson family’s desk one of the first telephone calls I received was from thoughts go out to Marie, who was a true friend to Ann. Marie Tehan, wishing me all the best. I knew that she meant it, despite the adversarial situation we had been In closing I would like to quote from Marie’s maiden placed in. She also spent time talking about how she speech on 7 April 1987: was thoroughly enjoying family life and being able to spend time with her children and grandchildren. Our people are our greatest resource and we should listen to what they are saying, share their concerns and give them the Being a woman member of this place is a pretty tough right direction and the future leadership they want. We, job, but Marie was always professional and dignified. together, then can make this state a place where we can enjoy our freedoms, respond to our opportunities and live our lives Serving seven years as a minister is a great achievement free of excessive government intervention without the spectre for anybody, and certainly for a woman in this state. of economic disaster hanging over our heads and with a sense But I always knew that her family mattered to her, that of pride in ourselves, our communities, our state and our hers was not just a life about politics but that she had a nation. life outside Parliament that was very important to her. Those words particularly sum up Marie’s life, and to She often talked about her family, and particularly this quote I know that I could add that to her, her family about her grandchildren. was her greatest resource. Farewell, Marie. After her life in Parliament we saw her continue with Ms GARBUTT (Minister for Community her public service, where her work certainly reflected Services) — I am pleased to join this condolence her compassion and her humanity. She spoke out motion in honour of the life of Marie Tehan. I was in fearlessly and clearly, and she was a very strong Parliament for much of the time that Marie was, and, of advocate for the causes she believed in. I pass on my course, I was shadow minister for conservation while deepest sympathy to her family. she was Minister for Conservation and Land Dr NAPTHINE (South-West Coast) — It is with a Management. I then followed her as Minister for degree of sadness that I rise to speak on this condolence Environment and Conservation. I found Marie to be a motion. Marie Tehan was first and foremost a very very tough and willing opponent. She was a strong intelligent person. She was also a strong person — debater, very articulate. She was sharp and was always indeed, as described at her funeral, at times strong to on top of her material, but when we were outside this the point of being stubborn. She knew her mind and CONDOLENCES

1344 ASSEMBLY Tuesday, 9 November 2004 spoke her mind. She argued her case with intelligence, absolutely determined that she would seek a way to wit and determination. At the same time she was deliver the budget outcomes that were required for the prepared to listen and to change her mind if she was state of Victoria without compromising service given a sufficiently solid argument — but it had to be delivery. Indeed she said very early on in our very strong and very good. She was always ready to discussions that not only would she not compromise debate issues, always ready to learn and always ready service delivery but that she wanted to find a way to to put things to the test and increase her opportunity to deliver on the budget outcomes and improve service deliver better outcomes for the community. delivery at the same time.

Marie Tehan was an absolutely committed person. She Indeed it is interesting to read some of the old was passionate about doing the things she cared about. documents about casemix funding. An early document She was courageous and prepared to make the hard outlines the four principles on which Marie Tehan said decisions. I always think of Yes, Minister, in which a she would make all her decisions as Minister for minister described as a courageous decision maker was Health. They were follows: seen as a person to be wary of. Marie Tehan was a person who was prepared to make courageous To put people first, rather than institutions or systems. decisions, sometimes to her political detriment. But if To ensure a fairer distribution of limited resources. she thought the decision was right and in the best interests of the community, she made it. To obtain value for taxpayers’ funds. To provide a better health status and outcome for all She was a very caring person who was driven to do Victorians. something about what she cared for. If she was concerned about an issue and thought that something It was these principles that drove her and attracted her needed to be done, she did not just comment on it, she to casemix funding. Casemix funding had been went in boots and all and did something about it. proposed in various places around the world, and it Whether it was the Foster Parents Plan, her concerns would be fair to say that it was probably championed about refugees or helping those in Victoria with mental by Stephen Duckett, who was then head of acute health illness, Marie Tehan gave it driven, committed and in the Department of Human Services. It was a passionate care. At the same time she also had a warm revolutionary approach and a courageous decision to and magnificent smile and a quick wit. She was a great adopt casemix funding, but it did offer a real hope of personal friend, a great person to sit down with and providing a fairer and better funding system for our have a conversation about a range of topics. acute hospitals, and also of providing budget savings and improved services to the people of Victoria. For those who worked with and around her she was a very demanding taskmaster, but she was the most I well remember the final decision that was made after demanding of herself. She had very high expectations much debate and much discussion. There was a of herself and set high standards for herself — and she meeting in Marie Tehan’s office on the 22nd floor of delivered on those high expectations and standards. I 555 Collins Street, overlooking a site that was then worked with her initially as the chair of her committee being proposed for the casino. We were looking out the when she was shadow Minister for Health, and I also window and wondering whether the casino would give worked as her parliamentary secretary when she was us the revenue to save us from all these budget cuts. Minister for Health from 1992 to 1996. The years from The discussion around the table was between Professor 1992 to 1996 were a very challenging time for the Duckett, Dr John Paterson, the then head of the government, because it inherited a debt of $33 billion, Department of Human Services, Marie and me. There the interest costs on which were equal to the cost of was earnest discussion for hours, and at the end of the delivering on any of the larger government meeting Marie stood up and said, ‘We are going to go departments. with casemix funding’. That was on the basis of logical thought, intelligent thinking and a real commitment to Upon coming to government there was a demand that delivering better health outcomes and budget savings. all government departments would cut their budgets by 10 per cent. As Minister for Health, when there is a The bottom line was that casemix funding did deliver huge demand for service delivery and increasing those things. Within the first year or two years of the demand through technologies and the ageing of the introduction of casemix an extra 30 000 patients were population, to be told that your primary responsibility is treated by Victorian acute hospitals. The category 1 to cut the budget by 10 per cent poses some challenges. waiting list — that is, the list for people who are But Marie Tehan was up to that challenge, and she was waiting for heart surgery and life-saving surgery — had CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1345 hovered between 900 and 1000 for years previously. services in the modern Melbourne setting. At the same These people were waiting more than 30 days for time Marie Tehan was involved in changes at the life-saving surgery and were literally dying on that smaller end of the scale. Together with Rob Knowles, waiting list. Within the first 12 months of the who was then Minister for Aged Care, she was introduction of casemix funding that waiting list was involved in introducing multipurpose services, which reduced to zero — nobody was waiting more than everyone agrees are the best model for the delivery of 30 days. At the same time the budget cuts were health, aged care and community-based health and delivered. Casemix funding did deliver improved health primary care services in smaller rural settings. Rob outcomes, did deliver budget savings and did deliver a Knowles and Marie Tehan set up the first multipurpose better hospital system. Indeed the fact that casemix services in Victoria — at Orbost, Corryong and Apollo funding has been copied in many jurisdictions around Bay — where funding was pooled and the community Australia and around the world is a great tribute to the delivered the best outcomes for the people. people involved in making that decision, but ultimately it is a tribute to Marie Tehan, who had the courage to As Minister for Conservation and Land Management take that leap of faith and introduce casemix funding. Marie Tehan was involved in the war on weeds, which I think was the first time we had a real focus on noxious The second issue is the one raised by the Leader of the weeds and their cost to our communities, and the Opposition in terms of Marie Tehan’s contribution to wonderfully named Rabbit Busters program. She was mental health services. I know from personal involved in the release of the calicivirus in Victoria, and experience that Marie had an absolute commitment to people have already mentioned her involvement in the improving mental health services. She introduced a new establishment of Parks Victoria. framework for the delivery of mental health service in Victoria, which is contained in Victoria’s Mental On a personal note I will always remember the Health Service — The Framework for Service Delivery. welcome that Marie, Jim and the rest of her family The introduction states: provided when my family visited them at their wonderful family home at Wappan. She was a very Services for people with mental illness have had a troubled good friend to our family and made our children very history. welcome. I remember well the dinners we used to And further: regularly have in East Melbourne with Rob Knowles and Marie Tehan where the problems of the world — The key change in Victoria must be to match in practice the and particularly the problems of government — were long-held aim of shifting the focus from a reliance on separate discussed at length and in a very enjoyable way. I psychiatric hospitals as the preferred place of treatment. An remember visiting her in her house in Richmond, where expansion of general hospital psychiatric units for the treatment of acute patients in less stigmatising settings is again she made us feel very welcome. The discussions required, along with the development of treatment and other and debates we had, and Marie Tehan’s intellect and services from community-based settings. the real enthusiasm she had for making things better in our community, are the things I will remember most. Look at the range of services now, with critical assessment and treatment teams through to mobile Finally, and for all of Marie’s busy-ness as a minister, I treatment teams. Indeed you have a microcosm of that well remember that while she was a busy health in my own area of south-west Victoria. Following the minister with some crisis or another to deal with, she closure of the Brierly psychiatric hospital, which was a always had time to make sure that Patrick was being Dickensian institute and which despite the best read to and was getting his schooling done commitment of the staff did not deliver the proper appropriately. She was always concerned about her outcomes, we now have psychiatric services delivered daughters’ wedding plans or whether Jim was being through the acute hospital setting at Warrnambool and adequately fed and watered at home. She was foremost we have community-based services in regional towns, concerned about being a wife and a support to Jim, and which deliver a much better outcome. I know that Jim was a great support to her in all her challenges. She was a great mother to her six children, Finally, the other area I want to highlight is the way and she was very proud of her grandchildren. I pass on Marie Tehan was involved in reforming the health my sympathy to Jim, Kathryn, James, Daniel, Rachael, sector from top to bottom. The Leader of the David and Patrick, and to her grandchildren. They can Opposition talked about Melbourne health networks. I be very proud of both the personal and public think the change from individualised hospitals that had achievements of Marie Tehan. I valued her as a friend a very narrow focus and approach to networks was a and colleague. She will be sadly missed by us all. significant step forward in the delivery of health CONDOLENCES

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Mr HARDMAN (Seymour) — I rise to join the It was done with no fanfare or fuss. It was not for the condolence motion for the late Honourable Marie media’s attention; it was just a genuine act of decency. Therese Tehan. I wish to pass my deepest sympathies to her husband, Jim, and her six children — Kathryn, As a member for Seymour the things that Marie will be James, Daniel, Rachael, David and Patrick — and her remembered for include her role in the development of grandchildren, all of whom will greatly miss Marie, the new Goulburn Ovens Institute of TAFE campus in whom they felt great love and adoration for. The Seymour, the redevelopment of the Seymour District common theme throughout the funeral ceremony for Memorial Hospital, the funding of the Goulburn River Marie last Friday was that, through all of Marie’s walking trail and the state government’s contribution to achievements and responsibilities, the family felt she the Seymour Performing Arts and Cultural Centre, all put their interests and concerns first. of which still contribute to the quality of life in our community. My deepest sympathies go to Marie’s Marie Tehan was the member for Seymour from 1992 family. to 1999 after moving across from the upper house, to which she was elected as a member for Central Mr MAUGHAN (Rodney) — I wish to add my Highlands Province in a by-election following the tribute to a person for whom I had the very highest retirement due to ill health of the Honourable Fred regard. Others have spoken eloquently about Marie Grimwade, a person I know she held in high esteem. Tehan’s capacity, her compassion, her determination Marie held the health portfolio between 1992 and 1996, and her intellect. I want to touch briefly on her interest and drove substantial reform in hospital funding in mental health, and the member for South-West Coast through casemix, which is still the major method of has already indicated her interest in mainstreaming funding for Victorian hospitals and is now widely mental health services and removing the stigma of utilised around Australia. As well Marie brought health mental health. There have always been difficulties and community services into one department, creating between the states in the provision of mental health the Department of Human Services, which still exists services, particularly between Victoria and New South today. She was also the Minister for Conservation and Wales; no more so than in Echuca, the area that I Land Management between 1996 and 1999. represent. In order to put pressure on New South Wales, the Victorian government at the time that Marie was Marie’s compassion for her fellow human beings was minister was refusing to admit New South Wales exemplified in the many activities she participated in patients to mental health institutions in Victoria. It was before, during and after her time in politics. She took an during that time that a person who lived just over the active interest in others, notably through her active border in Moama suffered a psychotic episode, involvement in Foster Parents Plan and more recently presented to a doctor in Echuca, urgently needing through her active and courageous fight for the admission to a mental health facility. I phoned Marie. wellbeing and decent treatment of refugees in Using one of the principles that the member for Australian detention. South-West Coast spelt out about the interests of a patient coming first she instantly said, ‘We have got to Regarding my personal relationship with Marie, I only attend to the patient first. I will immediately phone the met her briefly on several occasions. I had had brief hospital and demand that they be admitted’, and the conversations with her in my time as an ALP candidate patient was admitted to Bendigo hospital that very day. for the seat of Seymour at the 1996 and 1999 elections, and in recent times when I met her at various functions. I was privileged to attend the state funeral for Marie Each time Marie asked after my welfare, and each time Tehan in Nagambie. I thought it was one of the most she struck me as having genuine interest in and concern moving and inspiring services I have ever attended and for it. Throughout the campaigns Marie was always a celebration of the life of an exceptional woman. I professional and respectful and made no personal extend my condolences to Marie’s husband, Jim, to her attacks. This was always appreciated by me, and led to six children, her grandchildren and to Marie Tehan’s the development of my respect for her as a person. extended family.

One anecdote that portrays Marie’s compassion for Mr SEITZ (Keilor) — I rise to extend my others is that at the declaration of the poll in 1992 she condolences to the Tehan family. I am one of the quietly asked the ALP candidate at the time, Ian members of Parliament who knew Mrs Tehan in this Rogers, about his welfare. Marie offered to speak to the house and when she was first elected to the upper arts minister of the time, Haddon Storey, to ensure that house. I remember her inaugural speech, as we call it Ian was looked after, as his job had become redundant. now. However, in those days it was called the maiden CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1347 speech. I will read a paragraph from that speech which served with somebody is to speak on a condolence typifies the person she was. She said: motion, and I am going to find this pretty hard indeed.

We should be looking critically at legislation and regulation, Marie Tehan was somebody I served with for her entire and testing on the grounds of overall value and cost time in this Parliament. I have written down some of effectiveness. We should be pruning the state housekeeping budget to live within our means. We should be leading by the adjectives that have already been said about her. I example, by giving more than we take, by doing rather than was trying to find an essential quality of Marie, but I saying, by being prepared to establish the decisions in the came up with a whole lot because that was the sort of interests of the people and to apply them without fear of person she was. I have written down the words criticism and without the politician’s plight of compromise. ‘intelligent’, ‘incisive’, ‘decent’, ‘compassionate’, That is the sort of person she was in her political life ‘honourable’ and ‘honest’. I suspect she was what a here, and it really typifies the sort of person she was. I great many others aspire to be: she was a good person well remember when she was elected to the upper who dedicated her life to her family and to the house. It was a change to see women from the community that she served so admirably in so many opposition party being elected to the upper house. She ways. Her death at the very young age of 64 years is a had her legal qualifications, but most people asked how tragic loss to us all because she had so much more to she would cope with six children. That was the talk give. around and the concern in the media and of other The philosophy of Marie Tehan on the role that she members of Parliament, because the hours and the undertook in this Parliament was well set out in her first working conditions we had in those days were speech, and I suspect that her first speech is going to get completely different. We did not work family-friendly a bit of a working over today. Marie would probably hours. She came through that and engaged us in the have a wry smile that we are going to quote from her corridors. She talked to everybody and became quite speeches. The speech that was made on 7 April 1987 well known. Usually you rarely meet upper house was a very good speech. I have heard quite a few first members unless you go into the dining room or are on a speeches. I remember mine — it was appalling; and joint committee. most first speeches do not really stack up. But Marie’s When she was a minister I had a lot to do with her speech was well researched, well put together and while lobbying for my electorate and for the needs of argued a whole lot of different cases. I am delighted the Sunshine Hospital, particularly during the transition that those who have spoken before me have not phase when she changed portfolios and the Honourable mentioned the paragraph that I am going to quote. It Rob Knowles took over. She introduced him to the says: needs of the western suburbs. That involved not only The community is overgoverned: our bureaucracies are too the development of the Sunshine Hospital in the west big; we are taking on ourselves that which should be left to but also a community centre known now as the the people. We are imposing too often and intruding too Errington Community Centre. We were just about deeply into people’s lives, and we are costing the people too ready to get an aged care grant for that centre when she much in doing it. Big is not beautiful: it is cumbersome, ineffective, impersonal and expensive. changed from the health portfolio, and we had to lobby both Mrs Tehan and Mr Knowles to get the funding to She went on to say that we are over-legislated and build that centre. That showed the commitment that she overregulated, and how true it was then. Indeed how had to the people in the area despite our political true it is today. Marie recognised that too much differences. legislation and regulation costs the community dearly. It is public money that would be better directed to Marie was a person whom a lot of people looked on as helping those in the community who desperately need a role model for future members of Parliament. Once assistance from the government, but who in many we leave this chamber people seem to embellish or instances go without that assistance. Cutting the cost of think differently about members. I met a former government was important to Marie Tehan. She not member yesterday at the first official visit of this only talked the talk, she walked the walk. Introducing Governor-General to Victoria, and I was reminded of casemix funding to public hospitals in Victoria was the work that is done for the state. Marie Tehan was a certainly walking the walk for Marie Tehan. person who worked for the state. Once again, my deepest condolences to the family. As others have already said, it serves no point today to regurgitate the complaints, the accusations, the Mr COOPER (Mornington) — I want to add my allegations and the insults that were hurled at Marie words to the tribute today to Marie Tehan by this house. over casemix funding and indeed over a number of I suspect the hardest job for most members who have CONDOLENCES

1348 ASSEMBLY Tuesday, 9 November 2004 other issues. But what can be said about casemix incarcerated and those whose rights she served. As funding, and Marie Tehan, is that the proof is now members know, she served as a board member of the clearly seen in the pudding, and what a wonderful Refugee and Immigration Legal Centre, as well as pudding it is that Marie Tehan cooked up for Victoria being a member of several other organisations. from her talented and incisive mind. Casemix funding is now accepted as the way to go in public hospital Last year she made a speech in St Michael’s Church. funding not only in Australia but in other parts of the Her commitment to refugees was summed up in these world. words:

In February 1994, as the Leader of the Opposition said, Every person is entitled to be treated with compassion and dignity. it was described by the former federal Labor Party health minister, Neal Blewett, as ‘the most imaginative This hearkened back to her first speech, which has been set of reforms to deal with the hospital system in this quoted so well by two members before me, where she country in the last half a dozen years’ An Age editorial said: under the heading ‘Healthy praise’ says: Victoria and Australia have so much to be thankful for and so Dr Neal Blewett, the former federal Labor health minister much to give. We are a country of remarkable freedom, who retired on Thursday, used his retirement speech in the freedoms of every sort, and the envy of most other countries House of Representatives to praise the Victorian in the world. government’s health changes and to congratulate its health minister, Mrs Tehan, for introducing casemix funding in She valued that freedom and she sought that for others. public hospitals. She was a role model for men and women alike, raising The editorial also says: six children in a loving household with Jim while In calling her changes ‘the most imaginative set of reforms to managing a career as a tutor and a secondary school deal with the hospital system in this country in the last half a teacher, establishing her own Mansfield legal practice dozen years’, Dr Blewett not only speaks the truth, but gives a and becoming a parliamentarian and a minister of the generous and genuine endorsement his former colleagues Crown. She was a gifted speaker, and she was a leader could do well to acknowledge. from her school days and through her university days. Dr Blewett was no doubt a brave man in making those Her Catholic religion guided her. Her political beliefs statements, but he spoke the truth about somebody who were liberal and focused on personal liberty. In a very always spoke the truth. interesting interview published in a newspaper in the early 1990s she said: I served in the cabinet of the Kennett government with I don’t think government can solve people’s problems. People Marie Tehan. She was an admired colleague of mine have to solve their own problems. I support minimum for the entire service that she gave to this Parliament. government. The enormous number of people from all around the state who attended her funeral in Nagambie last Friday In opposition she steered through important national was testament to the impact that she made on the parks legislation. I know a former Premier, Joan Kirner, community she served so well. pays tribute to her work in guiding that legislation through and also her work with the women’s I extend my condolences to Jim, to his entire family and movement. As shadow health minister she crossed a to all the relatives of Marie on their great loss. It is a union picket line to care for psychiatric patients in a loss that I feel and one that is shared by a great many Beechworth hospital. others. When she changed houses and moved to the Legislative Mr PERTON (Doncaster) — Marie’s funeral Assembly seat of Seymour her natural leadership request, which each of us received, ‘No flowers … qualities were of course commented on by many. A Donations can be made to Hotham Mission, Asylum Bulletin magazine columnist wrote: Seeker Project’, stands as a final dedication to the causes, community and people that Marie Tehan From the start of her political career, Tehan was being mentioned as a future Liberal leader. She was charming and served. Marie’s passion and involvement with refugees on top of her subjects, looked good on television and seemed went back to the 1980s. Following her retirement from to float effortlessly through shadow portfolios. politics she again became a liberal advocate for refugees and their cause. I was honoured that on several As Minister for Health she took on the hardest role that occasions I was able to speak with her and talk about anyone could have taken on in that first Kennett her strategies and tactics for assisting those who were government. Other members have spoken well about CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1349 her work in that area. I saw Profession Duckett on funding, which saw thousands more patients treated in Thursday night, the night before the funeral. As he said, hospitals. Marie handled her portfolio and the of course, our politics were different, but he recalls the challenges and criticisms of her in that portfolio with pleasure of working with someone who was so focused dignity, self-control, strength and professionalism. on the interests of patients and the community. In 1996 Marie was appointed Minister for Conservation As Minister for Conservation and Land Management, and Land Management. In that same year I was her commitment was undeniable. The Minister for selected as the first woman member of the National Community Services has already spoken eloquently of Party in the Victorian Parliament and sat next to Marie that. I had the opportunity to walk with Marie through in the coalition party room. At that time Marie took an national parks in East Gippsland. She walked through interest in me. As has been said by a number of the parks and met the rangers and she really knew and speakers, Marie was a great role model for women as understood her portfolio from the ground up. People well as a valuable member of the Victorian Parliament. have spoken very well of that. Representatives of the She was a woman in a position of power who still Wilderness Society have said that the Wongungarra behaved like a lady. She balanced her strong interests in wilderness will stand as a monument to her work. her family, her career and her faith. Marie was very supportive of many new members. If I needed some Marie’s bravery through her illness has been spoken advice she was always on hand to guide me on any about so eloquently by her brother. On behalf of my issues. electorate and my family I extend my best wishes to Jim and the children — Kathryn, James, Daniel, When as Minister for Conservation and Land Rachael, David and Patrick. Her eight grandchildren, Management she travelled to my electorate, she always Tom, Sam, Lily, Isabelle, Alice, Oliver, Maya and had a great charm about her. She treated people with Henry, will be able to draw great strength and respect and compassion and always listened to their inspiration in their future lives and careers from their side of an argument and to their point of view. Marie very brave and courageous grandmother. also dressed impeccably. A number of speakers have spoken about that. When I sat next to Marie and I was Mrs POWELL (Shepparton) — I wish to pay wearing a new pair of shoes or a new suit she always tribute to the life of Marie Therese Tehan, who sadly commented about my new shoes or new suit. passed away on Monday, 1 November, at the relatively young age of 64. In reading about her life it is obvious I was very pleased to read recently in a newspaper that Marie lived life to the full. She had very strong moral Marie had been appointed to the board of the values, a strong love of family and a strong work ethic. Goulburn-Murray Rural Water Authority. In June She was a solicitor; a teacher; a human rights Marie phoned me about an issue that she wanted to talk campaigner who recently fought for the cause of to me about. We chatted for a while. She sounded very refugees and asylum seekers; an environmentalist; a strong and passionate about what she was doing. She strong community advocate, being a member of the asked, of course, about how I was going and how I was Australian board of the International Foster Care making the transition from the upper house to the lower Organisation; and over the years a member of a number house. She talked a bit about the time she changed from of boards and committees. I believe that the roles she the upper house to the lower house. I was sad to hear most valued were those of wife, mother, grandmother only a short time later that she had become ill with a and sister. life-threatening disease.

Marie had the distinction of being a member of both Marie was a popular and very highly regarded person. houses of the Victorian Parliament. She was an upper That was shown with more that 700 people attending house member for Central Highlands Province from her state funeral in Nagambie. Marie has left a great 1987 to 1992 and in 1992 moved to the lower house legacy to her family and to the people of Victoria. I seat of Seymour, for which she was the member until would like to pass on my sincere sympathy to her her retirement at the 1999 election. In 1992 Marie was family, her husband, Jim, her six children James, appointed Minister for Health. During her period in that Rachael, Kathryn, Daniel, David and Patrick, and to office she experienced some very turbulent, challenging their partners, to her much loved grandchildren, to her and changing times, including — as a number of brother, as well as Marie’s extended family. members have spoken about — the introduction of the Metropolitan Ambulance Service dispatch system, or Mr BAILLIEU (Hawthorn) — It is an honour to Intergraph, and later a royal commission on that issue. speak on this condolence motion for Marie Tehan, Marie also presided over the introduction of casemix albeit on such a sad occasion. Others have spoken CONDOLENCES

1350 ASSEMBLY Tuesday, 9 November 2004 eloquently about Marie’s career in this place and as a The Tehan family’s commitment to the Liberal Party minister. I do no intend to repeat that, but there is so has been extraordinary. Jim is here with us today. I much that I wish to agree with. count him as a friend. Jim and I shared roles as vice-president in the party at the same time. Jim Marie Tehan was not defined by her job as a politician continued to serve while I was president as well. The or a minister. She had done so many other things in her commitment of the whole Tehan family to the party is life and had done them all with equal vigour. known and appreciated. I have certainly enjoyed them Everything that she did, she did very well. She did it as part of the organisation and so does the party. Marie with an independent mind, a zest for life, a glint in the Tehan has been a fantastic servant from the Liberal eye and incredible loyalty to all of those around her. Party’s point of view. We can only offer enormous Whether it was the family, the farm, her faith or her thanks. friends, she did it with style, grace, extraordinary charm and compassion. As a former president and I will comment also on behalf of all those staff who vice-president of the party I saw much of that from an worked for Marie. I do this in the context that a organisational point of view. What we saw in the party member of my staff had the pleasure and delight of and what we saw in the Parliament was only part of an working for Marie. On a daily basis I can see the extraordinarily diverse life. As the Leader of The consequences of the way Marie did her job and the Nationals remarked, it is a reminder to us all about the loyalty she enthused into people. Marie treated benefits of having so many other aspects to one’s everybody she dealt with in the same way. It has been political career. I want to make some brief comments said to me that she was just as comfortable pulling up a on behalf of the Liberal Party organisation and the staff stool to the bar of the Tallarook pub as she was meeting who happily served Marie for so many years. with state, national and even international leaders. Above all she always took the time and the trouble to As we have been told, Marie was preselected in 1987 express her gratitude and to say thank you. for a by-election. It was a time when the Liberal Party was not at its highest. Her commitment to the party at For those who work in the business of politics, thanks that stage was an act of faith in the party, in the region, are often not given. And when they are given it is in the prospects for change and certainly in the sometimes missed, but in Marie’s case it was never so. colleagues around her. The by-election itself was an She really appreciated those who worked for her, important event for our party. She handled it and the whether on a staff or a voluntary basis. She thoughtfully pressure extremely well. We were successful. Not only and carefully demonstrated that gratitude. She did not that, she handled the pressure of successive elections always follow the rules of expressing that gratitude. extremely well, and many of them in her case were Sometimes she went out of her way to thank somebody under marginal seat pressure. who had done the very smallest of things, but it had not gone unnoticed by Marie. She made a special effort of After winning the by-election Marie entered the upper it for those members of her staff. house of Parliament with high expectations. She brought her charm, loyalty and personal touch to the At the risk of missing some, I will mention Noelle electorate, to all the volunteers who served around her Nathan, who was her electorate officer in Central and to those stalwarts in the party such as John Nathan, Highlands Province; her drivers Fred and Stan; Judith Noelle Nathan and Marg Forrest, and later Murray and Foley, who was initially her electorate officer when she Jenny Mountjoy in their roles in the Seymour was in Seymour and who later went with her to the electorate. She captured them, she won us all over and health portfolio; Graeme Duro, whose role we have she never diverted from that approach at all. That was heard about already; Stephen Kerr; David Stoddart; part of the joy. Susie King; James Tonkin, who wrote so eloquently in the papers this week about Marie’s role; John Richards; In 1992, with equally high expectations, she was Serena Williams; Claire; Barbara Wilson, her electorate nudged or encouraged or chosen to shift from the upper officer; and when she was in conservation John Kerr; house to the new seat of Seymour in the lower house, Liz Brawley; Penny Johnston; Angela Doyle; and Di and there was some attention paid to that at the time. Rule, who is now a member of my staff. They were all Again, she carried that extremely well. As we have deeply appreciative of the care and consideration that heard, when she arrived in this house she carried a big Marie offered them. load as Minister for Health. She never got ruffled, did her job, performed admirably, made significant changes I will tell one little story that was passed on to me. It is and made a difference. just a measure of the instinctive decency of Marie and her charm. It was on the night of the 1992 election CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1351 when Marie had successfully won her seat of Seymour, invited Marie to visit the outer east, and after meeting was a member of the frontbench of a new government her I realised that what I had heard about her was true and was to take on the health portfolio. There was all and that she was a very special person. the triumph of her ascension into that position and a joyous celebration — and as I understand it, a very When Marie became Minister for Health in 1992, vigorous celebration. A meal was being served at the changes had to be made to the health system. There buffet and many were in the queue. There was a very needed to be a shift in focus that emphasised the quality simple, small gesture that Marie made which might of health services. This was against a backdrop of state have gone unnoticed but was not. finances that had been plunged into massive deficit and massive debt. Marie had a very tough job. At times her Marie simply stepped out of that queue to quietly and treatment by some was well outside the accepted carefully tend to the needs of a little seven-year-old girl rough-and-tumble of this Parliament. I suppose it is before she got her own meal. It was a little gesture that ironic that many of the changes Marie Tehan no-one was meant to notice and almost no-one did. The introduced into the health system are still in place family probably did not even know, but the parents of today. that little girl noticed, and they have felt a deep affection ever since, knowing that someone in such a When Marie became the Minister for Conservation and position and on such an occasion could spend a little Land Management she phoned me to see whether I extra time to care for their child. That was very much could join her and other members of Parliament in Marie — it was just what she did. hiking around Wilsons Promontory. I could not make the trip, but those who went were very impressed by On behalf of the Liberal Party organisation, to the Marie’s mental and physical toughness. extent that I can represent it in this chamber, and on behalf of those who worked with her as members of Marie Tehan was a very special person, and she will staff I say thank you to Marie and to the Tehan family continue to be revered by this side of the house. I for all the pleasure and leadership they have given. I extend my condolences to Jim and the family. extend my sympathies to Jim, the children, their families and the grandchildren. In the last few months I Mrs SHARDEY (Caulfield) — Marie Therese have had the pleasure of watching a couple of those Tehan was a beautiful woman and wife to Jim, and a little grandchildren running around at Auskick. If there beautiful mother to six and grandmother to eight. Hers is a little sin to be committed at Auskick, it is to give was a beautiful mind and a beautiful smile. Marie was a your child a hand-knitted jumper in your favourite woman of great quality who sadly left this world team’s colours. Those Tehan kids have hand-knitted prematurely. At 64 years of age Marie should have football jumpers, which is a reflection of the joy of the been looking forward to many more years in which to family. enjoy the fruits of her labour and to make a further significant contribution to Victorian life. Life for I finish by saying that when Marie left this place I was someone like Marie Tehan is impossible to describe in living in East Melbourne and the Tehan’s had a place in just a few short minutes. Richmond which they were about to dispose of. Marie decided it might be appropriate for us to purchase the Suffice it to say, her life was rich and full of property, and she was very keen for that to occur. achievement. The challenges were many — they had to Having visited the new Tehan family home at be — wife, mother of six, teacher, lawyer, politician, Nagambie on the banks of the river, I do not think there minister, member of numerous boards and advocate. is a more joyous place on the earth. It is a glorious These things do not just happen: they take hard work, country crucible which will be forever her legacy — dedication, determination and being blessed with a fine and in another capacity I must say it is a fabulous piece mind and a sense of what is right and in the interests of of architecture. I am sure the family will elicit mankind. everlasting joy from that place, knowing that it is a I first met Marie in the late 1980s, at the time of my piece of Marie and Jim’s legacy to a family that has first very active involvement with the Liberal Party. I contributed to the state in every way. had become a candidate for the 1988 state election after Mr WELLS (Scoresby) — Marie Tehan was a very a very short involvement with the party. I was certainly special person. I had heard a great deal about Marie very green in the political arena. There were only three when she was in opposition in the late 1980s. In women in the parliamentary Liberal Party at that time particular I had heard that she was incredibly and I was in need of advice about a range of issues, hardworking and very loyal. As a new candidate I mostly those political issues regarded as CONDOLENCES

1352 ASSEMBLY Tuesday, 9 November 2004 conscience-vote issues — and some of you might guess The Good Neighbour program she introduced what one of those issues might have been. The advice I recognised the real need for better management of received from Marie Tehan was sensitive, humane and Crown land where it interfaced with private land. The above all very sensible. It reflected the person she was Rabbit Busters program has been mentioned; it was and the person she remained during her entire political enormously successful. Marie had a strong desire to career. bring the rabbit calicivirus to Victoria. It finally came by mistake and has made a significant difference to the I had the pleasure of convening Marie’s policy rabbit population and the rabbit problem in Victoria. assembly health committee and serving on her Her understanding of the cost to rural communities of environment committee in this place after my election. I feral animals, and more importantly the cost to Victoria always felt that Marie Tehan was given one of the of noxious weeds on both public and private land, hardest jobs as Minister for Health. However, despite meant Marie dealt with these problems with real the great challenges, she managed to bring about understanding. enormous reforms and introduce a new funding system, which remains today. It replaced an archaic system of She was a great supporter of Landcare and recognised global budgets which bore little relationship to the the value and the work that Joan Kirner had done to outcomes required by a progressive and technically introduce this extraordinary program to Victoria. She advancing health system. She performed her role in a was also responsible for the introduction of catchment manner and style which was to be admired. I have management authorities in Victoria, a move which has rarely seen anyone remain so calm and composed in the now been emulated by the other states. But it is in her face of some of the challenges Marie faced in this place ministerial role as Minister for Health that she will be during that time and subsequently. She remained true to best remembered. herself and true to her values. May I be parochial and make the point that the I believe political history will be very kind to Marie introduction of casemix funding provided a level Tehan — a rare and accomplished person who will playing field for hospitals that had the opportunity and remain an inspiration to us all. I offer my sincere the need to treat more patients. After the introduction of condolences to Jim and the wonderful Tehan family case mix, the treatment of patients in the Wodonga who so supported Marie. Her loss will be felt by us all. hospital grew from 5000 per year to over 10 000 per year, with a projected growth in excess of 10 per cent Mr PLOWMAN (Benambra) — It is indeed an every year for the next five years. In 1998 the first honour to be able to speak to the condolence motion for cross-border obstetrics service was established in Marie Tehan. It gives those of us who worked with Wodonga, which now delivers over 1500 babies every Marie an opportunity to comment on what an year. Without that initial work, this service would never outstanding person and outstanding minister she was. have been possible. However, it is also with a sense of sadness that I comment on my association with Jim and Marie over Marie was also responsible for the introduction of the the years before she came to the Parliament, and with Breast Services Enhancement Program into country the Tehan family over many years. From their family Victoria, which has saved countless lives. property, Wappan, at Maindample they have had such an outstanding influence over the rural issues which Between 1994 and 1996 Marie Tehan instigated an affect country communities right across Victoria, in inquiry into cross-border health services, which was a particular in north-eastern Victoria. forerunner to the current move to establish the first formal cross-border health service in Australia. Marie’s One of the reasons Marie had such a good hold on her most essential quality was her attention to detail. She conservation and land management responsibilities was wanted to know in the most minute detail everything her rural background and her knowledge of farming. about the development of this proposal, and, as she had Marie’s achievements in conservation are many. The appointed me to be part of this inquiry, I had to learn consolidation of the Alpine National Park by the very quickly what it was all about. It was one of the addition of the Upper Wongungarra wilderness and the best but also one of the most humbling experiences I land that had previously been owned by the State have had since I have been a member of Parliament. Electricity Commission made this park one of the most significant parks in Australia. However, it was in the This is just one example of how committed Marie was area of public land management and private land to getting things right. She was always involved in the management where her rural background was of so detail of issues before her and before her department, much value. and as such she had the full measure of the public CONDOLENCES

Tuesday, 9 November 2004 ASSEMBLY 1353 servants who were there to give independent advice — When I was first elected as the member for sometimes to her cost. This was one of the major Sandringham Marie came to the electorate in her newly reasons she was such an excellent minister. The other established role as the Minister for Health to give was her compassion for everyone she helped through certain guarantees as to a continuing role for the her life. Sandringham and District Memorial Hospital. The fact that the hospital stands in place today is a tribute to her I wish to personally convey my condolence to Jim and hard work on behalf of the people of Victoria in to the family — a most magnificent country family delivering health service outcomes in the interests of which has represented us wonderfully in country patient care. Victoria. The other time she visited my electorate was to preside Mr DIXON (Nepean) — When I was first elected to over the major project in the form of the rebuilding of this place in 1996, Marie was the first minister to visit the Hampton beach; it was a $3 million commitment by my electorate. She was on side immediately because the government prior to an election, which promise was she continued to tell me what a beautiful electorate I fulfilled in her role as minister for conservation. Those had. On our first visit to the Mornington Peninsula two legacies — the continuing role for a hospital and National Park there was a pod of whales at the Port one of the great beaches of Melbourne — are a great Phillip Heads; she was enthralled and delighted by that tribute to her ministerial role. and thanked me for arranging the display. The next year, when she invited me to join her on a two-day trip In general terms her work has been summarised in the around the coast off Cape Otway, we again sighted preceding speeches, but I would like to add my own whales — a pod of very rare minke whales off from the perspective. I found her to be a faithful, forthright and lighthouse. I returned the favour by thanking her for erudite person who balanced compassion with being a arranging that. champion of worthy causes. She maintained a ministerial imperium that was appropriate for her When Marie was Minister for Conservation and Land parliamentary and ministerial roles. The state has lost a Management over three years I raised two major issues great stateswoman who served Victoria with involving my electorate — they concerned the Rosebud distinction. foreshore and Rye beach. In both cases I put my arguments very strongly. She met the local people The SPEAKER — In concluding this debate may I concerned, and she asked me what I wanted. I told her on behalf of the members of the Legislative Assembly what I wanted — and I got it. When I had an issue to extend my sympathy to the family of Marie Tehan. It is raise, she always attended the adjournment debate. She unfortunate that while MPs spend a great deal of their was almost the perfect minister. time together in this chamber, it is often only when a member dies and their condolence motion is before the Recently I was fascinated on hearing a story about her house that we learn a great deal about the member that attending church to ask for guidance before making we would have liked to know when they were alive. So major decisions. On one occasion, after listening to a it is with Marie Tehan. Many of us today have learnt a politically slanted sermon, she then prayed for the priest great deal about Marie that we did not know previously. to be guided back to his more spiritual strengths. Her work with foster children, refugees and the There were two lessons that I learned from Marie, and I Melbourne Cancerians Committee amongst other think they are lessons for all of us. They are: to community activities demonstrates her very strong overcome the odds and always stick to your guns; and support of and concern for the welfare of families. As to always take time to ask for guidance from wherever an MP Marie was not just a politician — she was a or from whomever you will get help. In Marie’s case, politician who wanted to make a difference. She that was her God. Rest in peace, Marie. approached her ministerial duties with a determination to make a difference. Her achievements in that area Mr THOMPSON (Sandringham) — My first have been outlined by a large number of members contact with Marie was through her legal work when I today. had the opportunity to take over some legal files that she had handled upon her entry into the Victorian The MPs on both sides of the house who have spoken Parliament. The regard with which she was held by her today have given a very clear picture of Marie not only former clients was of the highest possible level. They in the political arena but also in her support of remained grateful to her for her work in that legal community and her love of the family. Her personal capacity on their behalf. characteristics — loyalty, strength, determination, wit CONDOLENCES

1354 ASSEMBLY Tuesday, 9 November 2004 and courage — have all been mentioned by many members. She was a wife, mother, grandmother and sister of whom her family can be very proud.

I would like members to show their support for the motion before the house by rising and standing silently in their places.

Motion agreed to in silence, honourable members showing unanimous agreement by standing in their places. ADJOURNMENT

Mr BRACKS (Premier) — I move:

That as a further mark of respect to the memory of the late Honourable Marie Therese Tehan, the house now adjourn until tomorrow. Motion agreed to.

House adjourned 3.49 p.m. BUSINESS OF THE HOUSE

Wednesday, 10 November 2004 ASSEMBLY 1355

Wednesday, 10 November 2004 EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY The SPEAKER (Hon. Judy Maddigan) took the BILL chair at 09.33 a.m. and read the prayer. Introduction and first reading

BUSINESS OF THE HOUSE Mr HAERMEYER (Minister for Police and Emergency Services) — I move: Notices of motion: removal That I have leave to bring in a bill to make provision for The SPEAKER — Order! I wish to advise the certain emergency services, telecommunications services and house that under standing order 144, notices of other communications services by the establishment of an authority and other related matters and for other purposes. motion 124 to 138 inclusive will be removed from the notice paper on the next day of sitting. A member who Mr WELLS (Scoresby) — Could the Minister for requires a notice standing in his or her name to be Police and Emergency Services give a brief overview continued must advise the Clerk in writing before of what the bill outlines? 6.00 p.m. today. Mr HAERMEYER (Minister for Police and Emergency Services) — The purpose of the bill is to FAIR TRADING (ENHANCED convert Emergency Services Communications Victoria, COMPLIANCE) BILL which is currently operating as a state owned-enterprise, into a self-governing statutory Introduction and first reading authority.

Mr HULLS (Attorney-General) — I move: Motion agreed to.

That I have leave to bring in a bill to amend the Fair Trading Read first time. Act 1999 to enhance compliance with that act, to amend the Cooperatives Act 1996, the Credit (Administration) Act 1984, the Estate Agents Act 1980, the Fundraising Appeals Act 1998, the Funerals (Prepaid Money) Act 1993, the CORRECTIONS AND MAJOR CRIME Introduction Agents Act 1997, the Motor Car Traders Act (INVESTIGATIVE POWERS) ACTS 1986, the Prostitution Control Act 1994, the Residential Tenancies Act 1997, the Sale of Land Act 1962, the (AMENDMENT) BILL Second-hand Dealers and Pawnbrokers Act 1989, the Travel Agents Act 1986, the Trustee Companies Act 1984 and other Introduction and first reading acts and for other purposes. Mr HAERMEYER (Minister for Corrections) Mr McINTOSH (Kew) — I ask the introduced a bill to amend the Corrections Act 1986 Attorney-General for a brief explanation about this bill, to require a prisoner to obtain the approval of the if he can do it in less than half an hour. Secretary of the Department of Justice before making an application for a change of name to Mr HULLS (Attorney-General) — This is a very amend the Major Crime (Investigative Powers) Act important bill that is all about expanding compliance 2004 and for other purposes. provisions, expanding civil injunction power, infringement notice capability, implementing the Read first time. government’s consumer justice strategy and better enforcement. PETITIONS Motion agreed to. Following petitions presented to house: Read first time. Bendigo: Lake Weerona tram track

To the Honourable the Speaker and members of the Legislative Assembly in Parliament assembled:

The petition of the undersigned citizens of the state of Victoria sheweth the Victorian state government has agreed to provide funding to the City of Greater Bendigo to build a PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

1356 ASSEMBLY Wednesday, 10 November 2004

tram track around Lake Weerona, Bendigo, as a so-called 7. that the state and federal governments help ensure that tourist attraction. the University of Melbourne implement items 1 to 6 above, especially the Hon. Lynne Kosky, MP, Victorian Your petitioners oppose this proposal on environmental, Minister for Education and Training. aesthetic and economic grounds. By Mr DELAHUNTY (Lowan) (321 signatures) Your petitioners therefore pray that the honourable Speaker and Members of Legislative Assembly take immediate steps to ensure that state government funding for this unpopular Rail: Sandringham line proposal be cancelled and the project disbanded. To the Legislative Assembly of Victoria: And your petitioners, as in duty bound, will ever pray. The petition of commuters of the Sandringham line railway By Mr CAMERON (Bendigo West) service draws to the attention of the Bracks government the (14 580 signatures) unreliability of the Sandringham line train service: 1. City workers are late for work, students are late for Rail: Sandringham line school, higher education students are late for lectures. Commuters who time their arrival for medical or other To the Legislative Assembly of Victoria appointments based on timetable information are late.

The petition of residents of the Caulfield electorate and the 2. Last minute cancellations frustrate many commuters’ state of Victoria draw to the attention of the house the travel arrangements at destination stations. exceptionally poor train services on the Sandringham line. Poor services include regular cancellations, lateness and 3. Following the cancellation of a service, later trains are overcrowding. regularly overcrowded causing frustration and inconvenience. The petitioners therefore request that the Legislative Assembly of Victoria urge the government to improve train 4. During winter 2004 many commuters have been left services on the Sandringham line. stranded in the biting cold and gale force winds on station platforms following the cancellation of And your petitioners, as in duty bound, will ever pray. Sandringham line trains.

By Mrs SHARDEY (Caulfield) (40 signatures) Prayer Melbourne University: regional agricultural The petitioners therefore request that the Bracks government instigate immediate action so that Sandringham line campuses commuters are not left stranded on station platforms. To the Legislative Assembly of Victoria: By Mr THOMPSON (Sandringham) (10 signatures) The humble petition of the residents in the state of Victoria draws to the attention of the house the future of Longerenong Tabled. Campus of the University of Melbourne, near Horsham. Ordered that petition presented by honourable Prayer member for Caulfield be considered next day on The petitioners therefore request that the Bracks government motion of Mrs SHARDEY (Caulfield). request the University of Melbourne: Ordered that petition presented by honourable 1. to fully support the retention of Longerenong campus; member for Lowan be considered next day on motion of Mr DELAHUNTY (Lowan). 2. support the retention of full-time student courses at Longerenong campus by the University of Melbourne; Ordered that petition presented by honourable 3. to provide adequate infrastructure, maintain same and member for Sandringham be considered next day provide sufficient recurrent funding for such on motion of Mr THOMPSON (Sandringham). infrastructure renewal;

4. to allow the Longerenong campus to further develop and provide an extension of its educational opportunities; PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE 5. to ensure a ‘long term’ commitment to the Longerenong campus; Auditor-General: rural ambulance services 6. ensure that the Longerenong advisory board be given representation on the board of management of the Ms CAMPBELL (Pascoe Vale) presented report on Institute of Land and Food Resources (University of review of Auditor-General’s special report no. 51, Melbourne); and together with appendices and minutes of evidence. DOCUMENTS

Wednesday, 10 November 2004 ASSEMBLY 1357

Tabled. Physiotherapists Registration Board Podiatrists Registration Board of Victoria Ordered that report and appendices be printed. Timboon and District Healthcare Service Tweddle Child and Family Health Service DOCUMENTS Yea and District Memorial Hospital

Tabled by Clerk: Hepburn Health Service — Report for the year 2003–04

Alpine Health — Report for the year 2003–04 (three Human Services, Department of — Report for the year documents) 2003–04 (two documents)

Ambulance Service Victoria — Metropolitan Region — Kerang District Health — Report for the year 2003–04 Report for the year 2003–04 Kilmore and District Hospital — Report for the year 2003–04 Bairnsdale Regional Health Service — Report for the year 2003–04 (two documents) Kooweerup Regional Health Service — Report for the year 2003–04 (two documents) Barwon Health — Report for the year 2003–04 Kyabram and District Health Service — Report for the year Bass Coast Regional Health — Report for the year 2003–04 2003–04 (two documents) Kyneton District Health Service — Report for the year Beechworth Health Service — Report for the year 2003–04 2003–04

Benalla and District Memorial Hospital — Report for the Mallee Track Health and Community Service — Report for year 2003–04 (two documents) the year 2003–04 (two documents)

Casterton Memorial Hospital — Report for the year 2003–04 Mansfield District Hospital — Report for the year 2003–04 (three documents) Cobram District Hospital — Report for the year 2003–04 (two documents) Members of Parliament (Register of Interests) Act 1978 — Summary of Returns — June 2004 and Summary of Cohuna District Hospital — Report for the year 2003–04 Variations notified between 3 June and 30 September 2004 — Ordered to be printed Colac Area Health — Report for the year 2003–04 McIvor Health and Community Services — Report for the Commonwealth Games Arrangements Act 2001 — Orders year 2003–04 under s. 18 (two orders) Moyne Health Services — Report for the year 2003–04 Djerriwarrh Health Services — Report for the year 2003–04 (two documents) Mt Alexander Hospital — Report for the year 2003–04

Financial Management Act 1994 — Reports from the Northeast Health Wangaratta — Report for the year 2003–04 Minister for Health that she had received the 2003–04 annual reports of the: Numurkah District Health Service — Report for the year 2003–04 (two documents) Alexandra and District Ambulance Service Parks Victoria — Report for the year 2003–04 Dental Practice Board Food Safety Council Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Health Purchasing Victoria Banyule Planning Scheme — No C44 Part 1 Infertility Treatment Authority Cardinia Planning Scheme — No C44 Lorne Community Hospital Casey Planning Scheme — No C60 Maldon Hospital Darebin Planning Scheme — No C58 Part 1 Manangatang and District Hospital East Gippsland Planning Scheme — No C35 Nathalia District Hospital Kingston Planning Scheme — No C43 O’Connell Family Centre (Grey Sisters) Incorporated Maribyrnong Planning Scheme — No C51 Omeo District Hospital Victoria Planning Provisions — VC29 Optometrists Registration Board Osteopaths Registration Board Project Development and Construction Management Act 1994 — Nomination Order under s. 6, application order under Pharmacy Board of Victoria ROYAL ASSENT

1358 ASSEMBLY Wednesday, 10 November 2004

s. 8 and a statement under s. 9 of reasons for making a ROYAL ASSENT nomination order (three documents)

Queen Elizabeth Centre — Report for the year 2003–04 Message read advising royal assent on 9 November to: Radiation Advisory Committee — Report for the period ended 30 September 2004 Children and Young Persons (Age Jurisdiction) Rural Ambulance Victoria — Report for the year 2003–04 Bill Constitution (Recognition of Aboriginal People) Rural Northwest Health — Report for the year 2002–03 Bill Seymour District Memorial Hospital — Report for the year Drugs, Poisons and Controlled Substances and 2003–04 Therapeutic Goods (Victoria) Acts (Amendment) Bill Snowy Hydro Limited — Report for the year ended 26 June 2004 Essential Services Commission (Amendment) Bill Limitation of Actions (Adverse Possession) Bill South West Healthcare — Report for the year 2003–04 Magistrates’ Court (Family Violence) Bill State Trustees Limited — Report for the year 2003–04 Parliamentary Superannuation Legislation (Reform) Bill. Statutory Rule under the Supreme Court Act 1986 — SR No 133 APPROPRIATION MESSAGES Subordinate Legislation Act 1994 — Minister’s exception certificate in relation to Statutory Rule No 133 Messages read recommending appropriations for:

Swan Hill District Hospital — Report for the year 2003–04 Children and Young Persons (Koori Court) Bill (two documents) Courts Legislation (Judicial Appointments and Tallangatta Health Service — Report for the year 2003–04 Other Amendments) Bill (two documents) Multicultural Victoria Bill Terang and Mortlake Health Service — Report for the year Planning and Environment Development 2003–04 Contributions Bill Water Efficiency Labelling and Standards Bill Upper Murray Health and Community Services — Report for the year 2003–04 (four documents) World Swimming Championships Bill.

Western District Health Service — Report for the year BUSINESS OF THE HOUSE 2003–04

Wodonga Regional Health Service — Report for the year Ballarat Reform League Charter 2003–04 (three documents) Mr CAMERON (Minister for Agriculture) — By Yarram and District Health Service — Report for the year leave, I move: 2003–04 (two documents)

Yarrawonga District Health Service — Report for the year That so much of standing orders be suspended so as to allow 2003–04 (two documents). on Thursday, 11 November 2004: 1. The house to invite Mayor David Vendy, the Mayor of The following proclamations fixing operative dates the City of Ballarat, to attend on the floor of the house at were tabled by the Clerk in accordance with an order of 2.00 p.m. and to remain on the floor of the house, save the house dated 26 February 2003: in the event of a division, until the conclusion of all responses. Aboriginal Lands (Amendment) Act 2004 — Whole Act on 4 November 2004 (Gazette G45, 4 November 2004) 2. Mayor Vendy to address the house and present the Speaker with a copy of the Ballarat Reform League Mitcham-Frankston Project Act 2004 — Sections 60 and Charter. 229(3) and Division 2 of Part 8 on 18 November 2004 (Gazette G45, 4 November 2004). 3. The Premier, the Leader of the Opposition and the Leader of The Nationals to speak, for no more than 5 minutes each in response.

4. Question time to be deferred and to take place immediately after the responses, followed by business set out in standing orders. BUSINESS OF THE HOUSE

Wednesday, 10 November 2004 ASSEMBLY 1359

Motion agreed to. Mr PLOWMAN — The other thing that is quite extraordinary is that in discussing this with the Leader Program of the House I was told there would not be any ministerial statement, yet I was advised this morning Mr CAMERON (Minister for Agriculture) — I that a decision on it was made by cabinet on Monday. It move: is essential if we are to have trust between both sides of That, under standing order 94(2), the orders of the day, the house, which I have tried to effect from our side, government business, relating to the following bills be that we are advised with due accord and due time when considered and completed by 4.00 p.m. on Thursday, ministerial statements are to come into the house. We 11 November 2004: are going to lose time tomorrow, and we accept that Commonwealth Powers (De Facto Relationships) Bill; loss of time in respect of the Ballarat City Council being present here and presenting its charter. We are Electoral Legislation (Amendment) Bill; now faced with the position where we are also going to Electricity Industry (Wind Energy Development) Bill; lose probably up to half an hour to an hour in respect of Liquor Control (Underage Drinking and Enhanced this ministerial statement. Enforcement) Bill; The opportunity to consult over this issue has been Petroleum Products (Terminal Gate Pricing ) (Amendment) Bill; and absolutely miniscule. It is important that we determine how many speakers from both sides speak to this Teaching Service (Conduct and Performance) Bill — ministerial statement. This has not been announced by amendments of the Legislative Council. the minister opposite, the Minister for Agriculture. It is This is not a normal week and for that reason the usually the custom that the minister announces how number of bills that would normally form part of the many speakers will be speaking from each side. Our government business program is reduced. It is the position states quite clearly that it should be only the intention to conclude at 4.00 p.m. tomorrow, when we Premier, the Leader of the Opposition and the Leader of will finalise these bills as is normally the case. The Nationals. If further speakers are required from the However, it is the intention of the government to sit government, then there should be additional speakers later this evening to make sure that we have adequate from the opposition. It is of real concern to the time to debate the legislation before the house. opposition that it has to oppose the business program; as I said, it is highly unusual. Mr PLOWMAN (Benambra) — Opposition members oppose the government’s business program. I conclude by saying that the other issue I find of great We oppose the program very rarely but on this occasion significance is that question time will be delayed; it will we are faced with an appalling situation. We agreed to be taken from its traditional time tomorrow. This house the adjournment all day yesterday; we accepted that. should not accept this as a precedent. We do not want We agreed with the arrangements to allow members to to see question time moved on a whim. It is the most be present at the funeral of Dame Phyllis Frost. We important part of the program of the house, and it is further agreed to the arrangements to allow members to therefore essential that, where possible, we leave attend Remembrance Day services prior to midday question time as it is, at the appointed time. We accept tomorrow. We also agreed to the proposal that the the move proposed for tomorrow on the basis that it has Ballarat City Council present its charter to recognise its been prearranged, but we do not want to see it as a celebration of the 150th anniversary of the Eureka precedent for further movement of question time in the Stockade. In doing all of this I was advised by the business program. I have been assured by the manager Leader of the House that there would be no other of government business that he too does not want to see extraneous business before the house, including this as a precedent for moving question time in the ministerial statements. government program. It is for those reasons we oppose the government business program, and it is with a sense At half past eight this morning I was advised that by of disappointment that the mutual trust we have 9 o’clock I would have the opportunity to see the developed is being broken on this occasion. ministerial statement, which was not advised to us until then. Mr MAUGHAN (Rodney) — It is with a great deal of regret that I also advise the house that we will be Mr Wynne interjected. opposing the government business program. I regret doing that, because there has been a very cooperative The SPEAKER — Order! The member for arrangement with the Leader of the House in discussing Richmond! the government business program, but we were not BUSINESS OF THE HOUSE

1360 ASSEMBLY Wednesday, 10 November 2004 advised of the ministerial statement until 9 o’clock this Ms OVERINGTON (Ballarat West) — I support morning, when I had the document poked under my the government business program, and I take great office door. No prior consultation, no advice — it was exception to some of the words that have been spoken just poked under my door. That is simply not good here this morning. The member for Benambra said that enough. Likewise, with the deferral of question time for we are moving question time on a whim. What a slur 20 minutes — and, as indicated, we still do not have the on the people of Ballarat, who are celebrating the fact details of who will be speaking — it is — — that it is 150 years since the battle of Eureka, the birthplace of democracy! Then the member for Rodney Honourable members interjecting. suggested that perhaps we could do it on another day. Does he know how significant and historic this is to the Mr MAUGHAN — The other side of the house can people of Ballarat? I will certainly let them know the make fun of this — — opposition’s opinion on Eureka!

The SPEAKER — Order! The member for Ripon Mr HONEYWOOD (Warrandyte) — In joining and the member for Richmond! this debate I should point out to the member for Ballarat Mr MAUGHAN — I think they need to take note West, who got very emotional about this issue, that it that the procedures of the house belong to all of us. It is was this side of the house that offered to let the entire not the province of the Speaker or the government; all Parliament sit in Ballarat and that the Premier and the of us have some say in how this house runs. I regret that government refused our offer. It was good enough for on this occasion we have been hijacked on two issues. this Parliament to go to Bendigo. Why was the member No. 1 is the deferral of question time without proper for Ballarat West not lobbying her Premier to ensure discussion. I acknowledge that there was discussion that Ballarat got equal treatment. The government between the Speaker and the Leader of The Nationals ignored our offer — — and the Leader of the Opposition in general terms, but The SPEAKER — Order! I remind members that from the point of view of The Nationals we were the debate is about the government business program, advised of but not involved in any discussions about the not about where the Parliament might be held in the deferral of question time. I think that is a shame. state of Victoria. I ask the Deputy Leader of the Question time is on at 2 o’clock. I think we can stick to Opposition to come back to the issue. that; we could have accommodated the people from Ballarat at another time or on another occasion. Mr HONEYWOOD — Speaker, you provided some latitude to the previous speaker on this issue. Ms Overington interjected. Having said that — —

Mr MAUGHAN — You can laugh, but question The SPEAKER — Order! I was not inviting debate time is very important. from the Deputy Leader of the Opposition in relation to We were quite happy to support all the changes the this. Quite clearly, the member for Ballarat West was government wanted. This week has been very talking about the timing of the Eureka activities disrupted, with the important condolence motion we tomorrow, which was raised by the member for had yesterday, Dame Phyllis Frost’s funeral today and Benambra. I ask the Deputy Leader of the Opposition the government’s request to adjourn for the to continue and speak about the government business Remembrance Day service tomorrow, which we agreed program. to. That certainly does not suit National Party people Mr HONEYWOOD — While the house will who cannot get home to any services: we will all be willingly accommodate the compromise and going to the Shrine of Remembrance. second-best alternative to the proposal that we put up It is not something we would have initiated but we have for the entire Parliament to sit in Ballarat, as we did in gone along with the government on all of those issues. Bendigo, at the end of the day question time is of We were happy to support the government business paramount importance to this Parliament. It is very program until we were hijacked with the ministerial interesting that the Leader of the House cannot be statement and the deferral of question time by bothered to be in the chamber this morning to justify 20 minutes. I regret to inform the house that on this the unjustifiable, which is that we could have given the occasion The Nationals will oppose the government Ballarat community 1 hour or 2 hours at any other time business program. of the sitting day — we could have accommodated that — but to give them only 20 minutes and to have to interfere with question time is an absolute outrage. MEMBERS STATEMENTS

Wednesday, 10 November 2004 ASSEMBLY 1361

Pushing back question time is a deliberate attempt by by the government. It was an appropriate recognition of this government to avoid any scrutiny by the TV news. the very distinguished career of the Honourable Marie The opposition knows what the government is all Tehan. Consequently, of course, the government had to about. It is ducking for cover at the moment because it rejig the business program of the house. That is is in big trouble. reflected in the fact that this week members have before them five bills and one set of amendments from the At the end of the day we can hear all of the passion Legislative Council. Usually, as members know, each from the member for Ballarat West, but this is a week we have between seven and eight bills passed by second-rate deal for the people of Ballarat. We should the house. The business program for this week reflects be sitting up there in her community. She should be the mourning yesterday of the passing of the able to — — Honourable Marie Tehan; a very important ministerial statement that will be delivered today by the Premier, The SPEAKER — Order! On the government reflecting this government’s commitment to the business program! recognition of war service by many distinguished Mr HONEYWOOD — On the government people in Victoria; and that tomorrow is one of the business program, if it was good enough for Bendigo most significant and sacred days in the calendar of not members to be able to stand up and speak with their only Victoria but Australia — Remembrance Day. community in Bendigo, why could it not happen in To suggest in any respect that the government has not Ballarat? consulted with the opposition on the business program The SPEAKER — Order! On the government is wrong. Members of the opposition were consulted on business program! these matters. This is a quite extraordinary week. As has been indicated, yesterday we had the condolence Mr HONEYWOOD — The member for Ballarat motion and tomorrow we have Remembrance Day; and West should be ashamed of her lack of influence in this of course the most significant event that my colleague government. the member for Ballarat West indicated in her contribution — the Eureka 150 celebrations, with the Mr WYNNE (Richmond) — The conspiracy City of Ballarat coming here. To suggest, as it was in theories of the member for Warrandyte know no the extraordinary outburst by the member for bounds. I want him to understand that the Cold War is Warrandyte, that to push back question time by over. Today is the 15th anniversary of the demolition of 20 minutes so that we can properly recognise that the Berlin Wall. historic day 150 years ago at the Eureka Stockade is some form of conspiracy by the government to in some Honourable members interjecting. way inhibit proper scrutiny by the media of the Parliament is, frankly, a florid and preposterous notion. Mr Honeywood — On a point of order, Deputy But of course we are well used to that. I commend the Speaker, as the Speaker now exits the chamber you program to the house. might like to refer to her previous rulings that this contribution should be on the government business Motion agreed to. program. The Berlin Wall and the Cold War have nothing to do with the government business program. MEMBERS STATEMENTS The DEPUTY SPEAKER — Order! The member for Warrandyte is correct — all contributions should be Gas: Upper Yarra and Yarra Valley supply pertinent to the government business program. Ms LOBATO (Gembrook) — Monday was a Mr WYNNE — I will move on from the conspiracy wonderful day for the Upper Yarra and the Yarra theories of the member for Warrandyte to more Valley. I was delighted to be in Yarra Junction with the important issues. Minister for State and Regional Development on Monday when he announced that nine towns in the Yesterday afternoon members appropriately mourned Upper Yarra and the Yarra Valley will be connected to the passing of a former distinguished member of this natural gas. Launching Place, Yarra Junction, house and former Liberal minister, the Honourable Millgrove, Wesburn and Woori Yallock will all benefit Marie Tehan, and then the house was adjourned. That from the Bracks government’s natural gas extension appropriate course of action was requested by the program, and residents and businesses in the area are Liberal Party and was, of course, agreed and acceded to thrilled. This gas rollout will not only assist households MEMBERS STATEMENTS

1362 ASSEMBLY Wednesday, 10 November 2004 and residents but provide a major boost to employment The residents went on to state: and enable businesses to be more cost effective. It is evident to us that the laws need to be changed to prevent Industries that will particularly welcome this developers benefiting from their illegal actions. announcement include the sawmilling industry, the cut … flower industry, hospitality and tourism. These types of The Minister for Planning should get out of her ivory tower businesses in my electorate spend hundreds of and do something useful to show her constituents that she thousands of dollars on the more expensive bottled gas really is interested in positive planning outcomes in Victoria. as well as on other energy sources that are detrimental … to the environment and add to greenhouse gas emissions. Ron Reid from Reid Brothers Sawmillers in Local councils must be able to sustain their planning Yarra Junction has been a strong advocate of the decisions and not be forced to run a lottery at VCAT … importance of natural gas connection for the future They concluded: viability of his business. I know those at Wesburn Hotel are ecstatic, and so are others. The generally loud noises growing in other areas of Melbourne about similar issues should serve as a warning to Households that also face large energy bills especially the minister and her Premier that people are not happy. during winter will also get some vital relief by being On this side of the house we agree entirely. We are able to connect to natural gas. The greater affordability campaigning for and on behalf of the people of Victoria of gas will ease the financial pressure for many against this ivory tower minister. residents and enable others to actually afford to heat their homes all winter, sometimes for the first time. As Paul Xuereb the Minister for Energy Industries said in Yarra Junction this week, the issue of gas connection is also Mr LANGDON (Ivanhoe) — On behalf of the an issue of social justice. I am proud to be part of a Xuereb family I would like to dedicate the following government — — poem written by Paul Joseph Xuereb, who was born on 4 June 1940 and passed away on 30 October 2004. The DEPUTY SPEAKER — Order! The member’s time has expired. The poem is called To the Quiet Heroes of RMH ICU.

Planning: Croydon development They bring us in from God knows where, Our broken bodies to your care, Mr HONEYWOOD (Warrandyte) — I draw the You know so little of our life attention of the house to a group of hardworking local And what has led us to this strife, volunteers who have been fighting a massive The surgeon’s done the level best, overdevelopment at 3 to 5 and 7 to 9 Bonnie View To stabilise is now your quest. Road, Croydon. How do you do it? How do you cope? What keeps your hearts so full of hope? Five years ago the developers who purchased this property illegally bulldozed significant habitat trees Who sings the praises of you guys? abutting an environmentally sensitive reserve. They Who through the crises agonise knew that paying a paltry fine was a small expense, Over blood test readings not so good, given the scale of the overall development. Any attempt Systems not responding as they should? that I or the residents have made to gain a hearing with Where once the power of the pneumonic pair the Minister for Planning on this matter has met with Would drive the trachea in praising air, her usual ‘We are not amused’ stonewalling. In a letter With laboured breathing of a rattling lung received by me from the residents on 9 November this The sound of fluid is the song now sung. year the residents noted: How hard it really all must be Unfortunately it is clear that nothing can be done, and at this Penetrating the patient’s unreality, time we are basically awaiting the arrival of the builders to Getting through to a foggy brain destroy our neighbourhood. That life is worth a try again.

I might add that the neighbourhood is nowhere near any I, for one, have at first hand known shopping centre or public transport and does not fit The tireless dedication you have shown, within the Melbourne 2030 planning scheme. And concern well hid in a smiling face MEMBERS STATEMENTS

Wednesday, 10 November 2004 ASSEMBLY 1363

If blood pressure’s bad or pulses race Cranbourne area. There are many services and opportunities available, and this guide brings together So now I salute and dedicate to you, information on how to access them and how they You the quiet heroes of the ICU This verse of thankfulness to one and all interact. Coming from the heart of a man called Paul. I wish to congratulate the many organisations involved On behalf of the Xuereb family — Amber, Terri, Leah, in the production of the guide: the Chisholm Institute of John and Luke — I praise the intensive care unit. TAFE, the William Angliss Institute of TAFE, the Salvation Army, the Cranbourne community house, Weary Dunlop You’ve Got What It Takes Centrelink, the Merinda Park learning centre, Cove award Training, Just Legal Jobs and Training, Latrobe Personnel, the South-East Local Learning and Dr SYKES (Benalla) — I wish to advise the Employment Network, Cranbourne Secondary College, Parliament of the commencement of the Weary Dunlop Lyndhurst Secondary College, Impact Creativity, the You’ve Got What It Takes award. This award will be Kumon Institute of Education and Monash University. awarded to students in the Benalla electorate who have It is fantastic to see such cooperation between so many demonstrated persistence and resilience to overcome a key organisations in the local community. This list hurdle in their lives to achieve academically, socially, speaks for itself about the level of wide-ranging on the sporting arena or in another field of endeavour. It consultation and stakeholder involvement that has will generally be won by battlers rather than high ensured that this project has been thorough and achievers. Award winners and their families will be responsive. invited to have morning tea at Parliament House or to meet Brisbane Lions players after a Lions’ Victorian The Bracks government is working hard with the game. community to provide education, training and employment opportunities for Victorians. The The Weary Dunlop You’ve Got What It Takes award is government seeks to ensure that all aspects of student intended to support the You Can Do It program, which development are addressed, giving students the encourages the development of persistence, resilience opportunity to follow the pathways that best suit them. and other life skills in children. The You Can Do It program is widely supported by schools in north-east Police: rural stations Victoria, and in particular by the Benalla cluster of primary schools. Principals Margot Sherwill, from Mr WELLS (Scoresby) — This statement Benalla East, Louise Wright, from Benalla West, condemns the Bracks Labor government and the Heather Leary, from Benalla 31, and Pauline Fisher, Minister for Police and Emergency Services for once from St Joseph’s School have enthusiastically assisted again letting down rural Victoria by bungling funding in the establishment of the award. It was these for new country police stations. Promised new police principals who suggested the award be named after stations in seven country towns are now on hold due to Weary Dunlop. Weary was a local whose persistence, the bureaucratic bungling and incompetence of the resilience and many other fine qualities were displayed Minister for Police and Emergency Services. The throughout his life but particularly during the darkest minister’s failure to fund new stations in this financial days of World War II, when his leadership provided year at Goroke, Manangatang, Merino, Natimuk, inspiration to thousands of other prisoners of war. Penshurst, Speed and Woomelang caught even Victoria Police by complete surprise, because it had to correct its In closing I would like to express my gratitude to all annual report by issuing an erratum to amend the list of Australian servicemen and women who did what they promised police stations. did so that we may do what we do. Although the erratum states, ‘It is anticipated that, Cranbourne: Can Do guide subject to government funding approval, these stations will be completed in the 2005–06 financial year’, based Mr PERERA (Cranbourne) — I wish to draw the on the minister’s appalling past performance it is still attention of the house to my launching of the Can Do unclear when these stations will be built because lack of guide, which focuses on learning pathways for people funding is the very reason they cannot go ahead this in Cranbourne. A great amount of work has gone into financial year. To make matters worse, tenders for the this project, funded by the state government’s Office of Goroke and Natimuk police stations were put out seven Training and Tertiary Education. The guide provides weeks ago but had to be recalled. This is a complete information on training options and opportunities in the MEMBERS STATEMENTS

1364 ASSEMBLY Wednesday, 10 November 2004 embarrassment for the minister and yet another Frankston RSL, Rod McClelland, and all those who example of his continued bungling. contribute each year to the betterment of the lives of our returned service men and women. During the 2002 state election campaign the Bracks government promised amid much fanfare to provide Major projects: performance $24 million for 55 police stations, yet 29 are still in doubt. The Bracks government has chosen to ignore Ms ASHER (Brighton) — I wish to draw to the country Victorians by failing to provide the money to house’s attention a self-delusionary disease that has build these police stations. Labor has broken its afflicted the government over major projects. The promise, and the people of country Victoria will suffer Treasurer issued a press release on 3 November this again. year saying that Federation Square was in a ‘sound financial position’. However, the annual report reports a State Emergency Service: Frankston unit loss of $7.96 million.

Mr HARKNESS (Frankston) — This week is State Similarly the Treasurer issued a press release on Emergency Service Awareness Week, and it is 28 February 2004 in relation to the opening of the appropriate to pay homage to the hard work and Docklands film studios, saying that it was ‘ahead of dedication of SES volunteers right around our state. schedule’. The only problem for the Treasurer is that The SES has a wide range of roles, including planning the Premier does not agree with him. In his press for and responding to floods, severe storms and release of 27 September 2001 the Premier referred to earthquakes, as well as road accident rescue and search the studios being fully operational in mid-2003. The and rescue. The SES also provides a support role to Treasurer’s self-delusionary claim is even worse when other emergency service agencies including Victoria one considers that the studios were opened without Police. More than 5500 volunteers, supported by electricity. 72 staff, provide this response across the state. The Department of Infrastructure’s annual report claims I visited the Frankston SES headquarters last week and that the National Gallery of Victoria was reopened ‘on was once again most impressed by the high standard of time and on budget’, yet there was a two-year delay in commitment of controller Brian McMannis, Adele this project and a $28 million blow-out, according to Hahn and all the volunteers who make up the Frankston the Auditor-General. team. They really do an incredible job and raise almost all the funds that are required to run the headquarters. However, the highlight in the self-delusionary stakes The Frankston SES is the busiest unit in the state, goes to the Premier, who in a press release of taking approximately 20 per cent of all call-outs in 25 October 2002 in relation to fast rail said: Victoria each year. Road accidents and storm damage We are on track to build this exciting project on time and constitute the bulk of the work. These fine people are budget by mid-2005. often called upon to provide service at all hours of the day and night. Of course the original estimate, as we all know, was $80 million, which we have now seen blow out to Frankston Returned and Services League: $616 million, and the original time frame for this Remembrance Day ceremony project was in Labor’s first term of office. I hope the

Mr HARKNESS (Frankston) — government recovers from this affliction shortly. Tomorrow, the 11th day of the 11th month, is an occasion to remember and reflect on the sacrifices Eltham East and Lower Plenty primary made by so many Australians when going into battle to schools: concerts protect this nation. Mr HERBERT (Eltham) — Last term I was In cold and wet conditions many people attended a delighted to attend the school concerts of Eltham East service conducted by the Frankston Returned and Primary School and Lower Plenty Primary School, two Services League at the Frankston cemetery on Sunday of the highly successful primary schools in my last. As always the occasion was marked by the electorate. I was inspired not only by the quality of the Frankston pipe and drum band and the cadets from the productions as a whole but also by their attention to Army Reserve unit. After the service and the laying of technical and visual detail. The shows were a wreaths those in attendance took a poppy each and celebration of music. To see the children enjoying placed Australian flags on the graves of our fallen war themselves on stage, dressed up in sensational costumes heroes. I take my hat off to the president of the and performing at such young ages, shows us what MEMBERS STATEMENTS

Wednesday, 10 November 2004 ASSEMBLY 1365 wonderful opportunities are offered at our great state has allocated $1.9 million to mark this very important primary schools. It is a fantastic feeling for the teachers, event, including $520 000 for an upgrade of the Eureka students and parents to see all the pieces of the shows stockade precinct. The anniversary program will come together on the night after weeks and months of involve over 50 events, including Releasing the Spirit dedicated planning and practising. of Democracy — an international conference on democracy with key speakers including Dr Jose Achievements such as these reiterate the rewards that Ramos-Horta, Dr Marjorie ‘Mo’ Mowlam, Gough come from personal effort in a supportive environment Whitlam, Sir Gustav Nossal and others. Echoes of and give the children valuable lessons in cooperation Freedom, a four-day music event, will also attract many and teamwork. Both shows were great spectacles from people. It will feature international musicians including where I was sitting, and everyone involved at the Hugh Masekela from South Africa and many of Eltham East Primary School and Lower Plenty Primary Australia’s best musicians. School are to be congratulated. The Eureka musical is now on stage at Her Majesty’s Primary Industries: Mallee staff Theatre, so these events are taking place not just in Ballarat but across Melbourne also. A full program has Mr SAVAGE (Mildura) — I wish to raise for the been produced and is available from the office of the attention of the house the disgraceful decision by the Minister for Planning. I encourage all members to look Department of Primary Industries (DPI) to cut eight at the program, get involved in those events and share jobs in the Mallee, from Swan Hill across to the information with their constituents. Murrayville, in sustainable agriculture, pest weeds and animals and dryland salinity. These positions are more Australian Labor Party: policies valuable and important than ever before. People who are employed by the DPI need some certainty for their Mr THOMPSON (Sandringham) — I wish to future — for example, they have children in local highlight and condemn three failures on the part of the schools — and now their futures are very uncertain. Labor Party. The first was a failure to fulfil an election There has also been mismanagement in some of the promise made in 1988, when in unequivocal terms the catchment management authority programs, and as a then candidate for the district of Sandringham stated result they have been cancelled. Some of these that if a Labor government were re-elected in 1988, it employment programs could have been kept going had would rebuild the Sandringham police station. The that not been the case. party was elected at the 1988 election but failed to fulfil that election promise. I have addressed this with the Minister for Agriculture, and he has indicated to me that national action plan and The second matter I wish to highlight is the failure of National Heritage Trust moneys fund part of these the Labor Party to build the Dingley bypass. The positions but that that money is now depleted. The Premier had stated that the Dingley bypass would be: reality is that we should have some certainty in both employment and funding. These programs come and … completed with funding from the $240 million the government would release from the Transport Accident go, but the need is there every week. I call upon the Commission. government to change this decision and put these jobs back into the Mallee. And the transport minister noted: Eureka: rebellion anniversary I’m very pleased the Bracks government is able to make this project a reality in its first budget. Mr HOWARD (Ballarat East) — As the member It is not only toll free, it is road free in that particular for Ballarat East, the home of the Eureka stockade site, precinct. I draw attention to the fact that any attempt by I wish to speak on the celebrations commencing this the Labor Party to point out the effluxion of time month to mark the 150th anniversary of the Eureka between those promises being made and their rebellion. non-fulfilment is irrelevant to the fact that the Labor The event was a defining moment in Australia’s history Party promised at election time that it would take when miners of the Ballarat goldfields took a stand certain steps to fulfil its obligations and honour its against what they saw as an oppressive and public promises and that it failed to implement them. undemocratic government. Under the Eureka flag The third point I wish to draw to the attention of the 30 miners died while fighting for their rights and house is the failure of the Labor Party to consult widely liberties. I am very pleased that the Bracks government in relation to the renourishment of the Sandringham MEMBERS STATEMENTS

1366 ASSEMBLY Wednesday, 10 November 2004 beaches as part of the cliff stabilisation works. A Employment: apprentices and trainees request was made for a meeting with the minister in April, and the minister has failed to meet with a wide Mr JASPER (Murray Valley) — I am calling on group of stakeholders pursuant to my request. the Victorian government to review the incentives provided to employers to take on new apprentices and Silvan Foundation: Positive Futures trainees to overcome the critical shortage of trained scholarships tradespeople within Victoria. The changes introduced last year to reduce the support provided to employers Ms MARSHALL (Forest Hill) — It was with great for apprentices and trainees is now a total disincentive pride that I addressed the students, families and teachers to increasing the numbers of trained tradespeople at the Silvan Foundation’s presentation ceremony at within Victoria. Maroondah Secondary College, Croydon, on Tuesday, 26 October. The changes included a one-off payment at the end of the training period, the inclusion of apprentice and The Silvan Foundation was founded five years ago due trainee wages in calculating payroll tax where to a number of young people not completing their applicable, and a minimum employment of three secondary education and dropping out of school apprentices or trainees for an employer to be eligible for because of financial hardships. The aim of the any payment whatsoever. The employers within my foundation is to combat that growing trend by giving electorate of Murray Valley are obviously angry with disadvantaged school students a financial scholarship. the actions taken by the Victorian government at a time A total of 383 scholarships have been awarded over the when there is an acknowledged shortage of past five years totalling $153 200. All students have trade-trained people. The new rules are having an even stayed at school and many have gone on to more detrimental effect on small employers who will apprenticeships, technical and further education have difficulty in meeting the requirement of institutes and universities. employing a minimum of three apprentices or trainees to be eligible for a payment at the end of the training Scholarships were awarded to a total of 80 students period. from Croydon Secondary College, Heathmont College, Maroondah Secondary College, Ringwood Secondary In the budget presented by the Treasurer he confirmed College, Upwey High School, Boronia Heights that tens of millions of dollars will be saved by the Secondary College, Monbulk College and Bayswater government with these changes. However, the adverse College. The $400 scholarship awarded to each student effects of reduced incentives to employers to take on will pay for school books, uniforms and educational apprentices or trainees was apparently not even needs. Local businesses have provided the funds for the considered. The education ministers who are supporting scholarships for students needing financial assistance to increased activities at technical and further education remain at school and finish their studies. This is a institutes recognise the need for expanding trade project that local businesses and the Silvan Foundation training. Again I call on the Victorian government to have grown in five years from four schools to eight immediately review the programs of incentives being secondary schools. provided to employers so that with cooperation we will see an increase in trade-trained people within the state The scholarship is for many the difference between of Victoria. dropping out early or staying on. The Silvan Foundation identifies students who, with a little Whittlesea Leader business awards financial help from the business community, have the ability to reach their full potential, and these students Ms GREEN (Yan Yean) — Last night I had the are then awarded the Positive Futures scholarship. privilege of being able to celebrate the outstanding achievements of local businesses in Whittlesea at the The Silvan Foundation is a not-for-profit foundation, state-government sponsored Leader Newspapers and board members volunteer their time. business awards for 2004. The category winners were Congratulations to the Silvan Foundation board as follows: Larmer’s Automotive Services, Whittlesea; members, particularly Wendy Smith, a former member Whittlesea Butchers; TGI Friday’s, Epping, which was for Silvan Province in the other place. also last year’s overall winner; Amcal Pharmacy, Whittlesea; Prouds Jewellers, Epping; Target home furnishings, Epping; Hairistic Studios, where Cathy has done my hair many times and she did her apprenticeship with my cousin Sam; Whittlesea Garden MEMBERS STATEMENTS

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Centre; Lilies Florist, Epping; Greenbrook Foodworks East Bentleigh Junior Soccer Club Fresh, Epping; Dolce Cosi, Mill Park; Stealth Cleaning Services, Mill Park; Wherehouse Variety Superstore, Mr HUDSON (Bentleigh) — Recently I had the Epping; Stockdale and Leggo, Mill Park — well done pleasure of presenting some awards at the presentation to Mills and Kaan; the Whittlesea Authorised day of the East Bentleigh Junior Soccer Club. The club Newsagency; Noni B, Epping, which is Cr Pam was founded 27 years ago by Mario Caruana, who saw McLeod’s favourite dress shop; the Epping RSL club, the need for a soccer club. He started it off with two where our family had an excellent Christmas lunch last teams and it has steadily grown to 27 teams this season. year; Bundoora Fine Fruits; Café Nero, Epping; Mario died five years after founding the club, and his Northern Yoga and Therapy Centre, Epping; and the wife Ivy continued it with other family members which overall winner, Amcal Pharmacy, Whittlesea, which kept the club going at the time. Even though the club provides fantastic service to the community. competes, it is a very family-oriented club that places a high value on developing its young players to their full Well done to local customers who, in voting for local potential. The club has grown to around 400 players businesses, have shown their support, particularly in the with 4 senior teams and 23 junior teams. A notable Whittlesea township, which comprised a quarter of the feature has been the growth of the all-girl teams, of winners. The Bracks government is committed to which there are now four participating in an all-girls helping small businesses across Victoria and providing league. real support at the local level. For instance, over the past 18 months businesses in the City of Whittlesea Alice and Norm Jamieson have been real stalwarts of have received over $100 000 in business assistance the club and have been involved for 18 years. Norm is grants and subsidies, including $40 000 from the now the senior coach and Alice has fulfilled many roles StreetLife program and $25 000 from the StreetLife on the committee over the years — she is currently vice Small Industry Support Program. president. The club has developed a love of soccer over three generations of players, and about half a dozen of Rail: Gippsland line the senior players started out in the under sevens. Special thanks for the continued success of the club is Mr SMITH (Bass) — The issue I wish to raise due to the president, Dean Kaladis, vice-president Alice today is the extremely poor service offered by V/Line Jamieson, secretary Kate Jackson, treasurer Ian Barouh, on its Gippsland line. One of the issues raised by people registrar Ivy Caruana, and Serge Martini, Harry and is that trains never run on time, and this is causing my Klara Mitchell, along with the other committee constituents great traumas in their work and social lives. members and coaches of the various teams. We have to remember that schedules are meant to be Congratulations to the East Bentleigh Junior Soccer kept. Trains are always running late when they should Club on providing a much needed outlet for soccer for be picking up people who need to get to work. V/Line young people in the local area. blames hot weather, cold weather, wet weather, dry weather, and a lack of drivers. These are all false and Melbourne University: regional agricultural poor excuses for shoddy service and poor management. campuses One must ask, ‘What is the minister doing about it?’. V/Line says that only 83 per cent of trains arrived Mr MAXFIELD (Narracan) — I rise this morning within 5 minutes of the scheduled time in September, to congratulate all those across regional Victoria, yet 92 per cent is the benchmark it set. What about specifically those in my area, who have fought very compensation? Only persons holding tickets valid for strongly for the retention of agricultural colleges. The four weeks or more are eligible for compensation, so decision by Melbourne University to bow to not every inconvenienced passenger can in fact claim. community and state government pressure to maintain the ongoing nature of these agricultural colleges should This service is offered by a government that has a certainly be welcomed. policy of improving rail services. What a joke! Trains have got later, timetables given to customers are wrong, I specifically thank the local consultative committee, and there is no notification of cancelled trains. I want to the Baw Baw Shire Council, representatives of dairy know what the government is going to do about companies and other industry representatives who have providing a regular and reasonably good train service joined the fight over the last few weeks to save our that meets punctuality targets and considers the agricultural colleges, particularly in my electorate passengers. When is it going to offer compensation that where the McMillan agricultural college is located. It is is fair and reasonable for inconvenienced passengers? a fine college that delivers excellent training to students for industries in our area. Its dairy course is second to MATTER OF PUBLIC IMPORTANCE.

1368 ASSEMBLY Wednesday, 10 November 2004 none in Australia and is certainly backed with very South Barwon Community Centre strong support from the local dairy community. Mr CRUTCHFIELD (South Barwon) — On It has been a fantastic community effort to get 27 October I was pleased to attend the annual general Melbourne University to change its mind about the meeting of the South Barwon Community Centre in downgrading of these agricultural colleges. The Belmont. The South Barwon Community Centre is a proposal to move services to other parts of the state was newly established neighbourhood house in an area of clearly flawed and flew in the face of the Bracks Geelong that previously had no such facility. When the government’s policy of developing and enhancing City of Greater Geelong was identifying a grants model regional Victoria. I am proud to be part of a for establishing a neighbourhood house its officers and government and a community that has fought and stood I identified the fact that the area south of the river was up for those in the agricultural sector in this way. not well served by these community centres. In 2001 the City of Greater Geelong, in partnership with Member for Polwarth: comments Geelong Adult Training and Education, set up what was to evolve into a neighbourhood house. In July this Ms MORAND (Mount Waverley) — I take this year GATE handed over full responsibility for state opportunity to condemn the member for Polwarth who, funding to the committee of management of the South as shadow Minister for Transport, should be supporting Barwon Community Centre. strategies to reduce road trauma. Instead, he is travelling around electorates in suburban Melbourne My thanks to GATE, and especially Chris Denmead, trying to talk up speed limits. He was recently in and I note that the relationship between both suburban Glen Waverley, which is part of my organisations is still close and fruitful. I congratulate electorate, having his photo taken for the local Leader and acknowledge the committee of management for its publication, and trying to convince readers that past and present endeavours; in particular Joan Creati, Arrive Alive 50-kilometre-per-hour suburban speed Peter Turner, Jo-Anne Hyde, David Smith, Chris zones are about revenue raising. He was photographed Denmead, Pam Crellin, Joanne Wekwarth and Tracey in Gallaghers Road, Glen Waverley, a suburban street Ware. Special thanks go to coordinator Mary Coward, that has a primary school with a population of whose supposed 15 hours a week is much understated. 800 children. Thanks also to the hardworking band of volunteers who provide programs such golf, writing, walking, Research has shown that road crashes are the biggest grandparent groups, garden projects, tax help for killers of school-aged children in Australia, and speed is low-income earners, free wills, craft festivals, an a contributing factor in many of those crashes. High activities bus, and a community newsletter which speed results in more crashes and more severe injuries. provides space for community volunteer groups such as Lower speed limits make the road environment safer the Friends of Waurn Ponds Creek. Well done to Rick for everyone — in particular, vulnerable road users like and Jo on a professional and well-received newsletter. pedestrians. A pedestrian who is struck by a car May it continue — — travelling at 60 kilometres per hour has little chance of survival. At 50 kilometres per hour the chance of The DEPUTY SPEAKER — Order! The time for survival is 60 per cent. As a former nurse I have seen making members statements has expired. the tragic consequences of road accidents, and I firmly support the government’s Arrive Alive strategy to reduce speed and reduce road trauma. I think it is a pity MATTER OF PUBLIC IMPORTANCE. that the Liberal opposition tries to undermine strategies to improve road safety and takes the cheap political Hazardous waste: Nowingi shot of criticising the use of speed cameras as revenue raising. Last year Victoria had the lowest road toll on The DEPUTY SPEAKER — Order! The Speaker record. I hope this trend continues, and I hope the has accepted for discussion the following matter of shadow Minister for Transport supports strategies to public importance submitted by the Leader of The reduce road trauma. Nationals: That this house condemns the government for its nomination The DEPUTY SPEAKER — Order! The member of Hattah-Nowingi as the site for the proposed toxic waste for South Barwon has 1 minute. dump and for its deceitful and misleading conduct in reaching that decision. MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1369

Mr RYAN (Leader of The Nationals) — We have informed — but we can now see how the government heard comment this morning about events that are to has conducted itself over this issue. occur in Ballarat over the next few weeks for the proposed celebration of 150 years of democracy in I make it clear that this is a difficult issue, and we all Victoria. The comments have contained references to acknowledge that. However, the government has the issues of the day, which surrounded the notion of engaged in an abuse of process which has made an what was termed ‘undemocratic and oppressive already difficult issue well nigh impossible to handle in government’. Nothing has changed much in 150 years, the public eye. It has led to the government’s lurching and this issue is a classic example of that statement, from one policy position to another. This has become which I believe to be fact. the Scoresby of country Victoria: it is a country example of what the government has done with the I say at the outset that I have recently been involved in so-called Scoresby freeway, now the Scoresby tollway. proceedings at the Victorian Civil and Administrative It has told people one thing and done another, and it has Tribunal by way of a freedom of information done that repeatedly. application for the release to me of documents indicating the original 100 sites which the government The basic issue is this: the government promised public had under consideration for, as it is termed, a long-term consultation, engaged in a form of it and led people to containment facility. My contribution today has believe it would pursue what resulted. On the other absolutely nothing to do with that application. I make hand, it deliberately adopted a state of absolute secrecy no comment in relation to that; the tribunal has reserved in the way it went about this, for which it is paying and its decision and will deliver it in due course. That is not will continue to pay the price. The pity of it is that all an issue for today’s consideration. Victorians, including country Victorians, and more particularly those in the Mallee and the north-west, are Rather, I want to talk about the matter before the house, paying the price and will certainly continue to do so if which has two essential components. The first is that this ill-founded proposition goes ahead. Hattah-Nowingi is the wrong location for this proposed facility. The second is the misleading and deceitful The history of this is relatively extensive, so I will conduct in which the government has engaged for the summarise it. The former coalition government went purposes of nominating Hattah-Nowingi as the site for through a protracted internal process in nominating a this facility. site near Werribee to deal with this important issue. An environment effects statement was conducted, the site Others who are supporting me in relation to this matter was approved, there was public outcry and the will talk about Hattah-Nowingi being the wrong place. I government of the day then moved away from that simply want to say on that first point that putting this proposal. Late in 1998 the government established the facility in one of the great food bowls of the state of Hazardous Waste Consultative Committee. On Victoria is a patently stupid thing to do, and others will 3 February 1999 that committee accepted the terms of highlight that fact and give plenty of reasons as to why reference provided by the government on how it was to that is so. deal with this difficult issue. In March 2000 the committee provided a final report to the newly elected I want to concentrate on the second aspect of this matter Victorian government that was published in April 2000. and to highlight the way in which the government has engaged in misleading and deceptive conduct in In December 2000 the current Labor government coming to the decision to put Hattah-Nowingi under published its response to the final report of the consideration for this proposed facility. As I have Hazardous Waste Consultative Committee. In March observed on previous occasions in this place, if the 2001 the government established the Hazardous Waste government were a corporation it would be charged Siting Advisory Committee, under the chairmanship of with misleading and offensive conduct under the terms the member for Footscray — — of the relevant federal legislation. Mr Mildenhall interjected. We have heard so much from the government about its purportedly being open, honest and accountable. We Mr RYAN — He is one of the few in the nation have had the charter of good governance rammed down who still has the gall to cry out ‘Hear, hear!’. On our throats over a period of years, as well as all the 17 May 2002 the committee provided the Labor things the government says it is doing to keep people in government with its report entitled Siting of Soil the loop, to consult with them and keep them Recycling and Treatment Facilities. In August 2002 the government published its response to that report. MATTER OF PUBLIC IMPORTANCE.

1370 ASSEMBLY Wednesday, 10 November 2004

That, in the broad, is what has happened. Importantly On 21 August 2002 Minister Batchelor issued a press the first of those committees went through a very public release about soil recycling and the Gippsland Water process and established the siting criteria which the site at Dutson Downs. What he did not say in that press government to this day purports to be relying upon. A release was anything about toxic waste dumps not proponent-driven process was recommended as a result. being part of the thinking about Dutson Downs. He When the siting advisory committee went about its launched the stalking horse: for the next 12 months he subsequent work and engaged in an examination of this used Dutson Downs as a means of distracting public proponent-driven process it ultimately reported on the opinion from this issue while he, together with the basis of the material that it had received; but by the time Minister for Manufacturing and Export, went about the it reported, Dutson Downs was the only site that was misleading and deceitful conduct that we now know available, it would seem, for the purpose of hosting the occurred. facilities then under consideration. Then there was an ominous quiet from the government Into that background you have to put the fact that for a period of months, and again we now know what Gippsland Water, an authority wholly owned by the happened. The government sacked the committee when state government and in effect an extension of the committee itself thought it was going to be ongoing. government, had already posted on its own web site an Then in November 2002 the government hired a indication that it wanted to be the host not only of this specialist for the role of doing what it wanted to do. The soil recycling and treatment facility but also of the government hired a man who is a decent bloke, it seems so-called long-term containment facility. It wanted to to me, by the name of Mr Rodney McClelland. He was be the world’s best at it, and it wanted to have the specifically instructed he was to do his job in a whole thing encapsulated on the site that it owns and complete shroud of secrecy. He was told that he was operates at Dutson Downs. All this is public not to tell anybody, apart from for absolute necessity, knowledge. what he was to be doing insofar as this project was concerned. By May 2002, when the advisory committee delivered what turned out to be its final report, there had been a What he has said in the course of affidavit material that change of ministers. We had started with Minister has been filed is that his job was to manage the process Garbutt, we had gone to Minister Pandazopoulos and of identifying potentially suitable sites and to obtain by then we had Minister Batchelor in his role as the necessary statutory approvals. He was to manage the Minister for Major Projects. process of consideration by the Minister for Major Projects of proponent-proposed sites for a contaminated When the committee reported, it thought its work soil recycling and treatment facility. He was to provide would be ongoing. Time is against my reciting it in all sorts of advice. He was to prepare cabinet detail, but there is plenty of material showing why the submissions, to attend cabinet committee meetings, to committee thought that would be so. I can say that the engage contractors and expert advisers to Major letter of 17 May 2002 in which the committee provided Projects Victoria for the preparation of the reports, and its report to the minister stated in part that it would to undertake research and prepare advice on technical ‘welcome a significantly increased role for government issues associated with the project, the project being a in selecting and securing sites’ — that bit is fine — joint issue — that is, not only soil recycling but the ‘and is ready to provide support and advice for that development of the toxic waste dump, which the strategy’. I am afraid to say it was already doomed. government terms a long-term containment facility. What we now know, arising from that report, is that the committee was even at that time engaged in searching He had to do all those things, including the preparation for sites around Victoria. and administration of contracts with the contractors who were to be involved, but importantly he was told The key thing to draw from this is that there was a specifically to do it in secret. He was told by the consultative process which everybody thought they had government that this was a sensitive issue. He was told a complete knowledge of and assumed would continue. that whatever he did, and for the process of completing But we now know that Minister Batchelor and the his role, he was not to consult the public at large minister at the table, the Minister for Manufacturing because this was a further extension of what the and Export, had other plans. Their response to the government had done. They had taken the whole thing committee’s report in August 2002 gave no indication in house. He was part of a process of reporting to that they would change tack and do what they cabinet over a period of months. Indeed we now know eventually did. that he reported to the two major ministers involved in this issue on at least six occasions. MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1371

While all this was going on — that is, for a period of period of time at least the government had the gall to about 12 months after November 2002 — we now leave the owners of those three private sites swinging in know that through the agency of Mr McClelland, who the breeze while obviously it was down the road on this was under instruction from the government, that the Crown land having a look at it as a proposed site. What government was out there secretly scouring the state in an absolutely unmitigated disgrace on the part of the search of sites on which to locate this facility. We also government! know that during the course of the process there was in total of the order of 100 sites, not at any one point in This facility is necessary for Victoria in one form or time but over the course of that 12 months. All of this another, but it should be built on Crown land and within was done in secret and while Dutson Downs was in the 100 kilometres of Melbourne, which all the reports that public eye as the potential site. Can you imagine how have cost hundreds of thousands of dollars have told the those two ministers must have been laughing at cabinet government, since Melbourne is the major producer of meetings? Can you imagine how those two ministers the product which causes the problem. must have thought it a joke? The DEPUTY SPEAKER — Order! The While I was tabling a petition signed by 15 000 people member’s time has expired. that this facility ought not be built at Dutson Downs, they were sitting on the other side of the house knowing Mr MILDENHALL (Footscray) — It gives me not full well that they had absolutely no intention of putting only a feeling of pleasure to be able to rise in this it at Dutson Downs. While people like me were running debate but also a feeling of deja vu, given my previous around trying to make sure that it did not happen, their role in this matter. This is a sad day for The Nationals. intentions were completely to the contrary. What an Its members have lapsed right into the nimby mode. absolutely disgraceful performance on the part of this They used to be part of government and used to have government! part of the responsibility for solving problems, but now they have jumped into being the bananas — that is, the Of course it all came to light on 12 November 2003, the build absolutely nothing anywhere near anyone faction. fateful day we all recall. To its utter and eternal They are against wind farms. They are trying to be disgrace the government, through its agents, rolled up at brown. They are the new protest faction in the the doors of those different privately owned Parliament. properties — at Pittong, at Violet Town and at Tiega — and told those people that they were prospectively The two propositions The Nationals are asking us to going to be forced to have their properties taken from look at are, firstly, that the site is in the wrong location, them and given over to the government for the purposes and secondly, that there was some deceit and secrecy of the development of this site. What a disgrace! We involved in the process leading up to its selection. then saw months of terrible uncertainty and expense for Fancy those allegations coming up! The experience I these people — not only of them personally, but had in chairing the Hazardous Waste Siting Advisory financially — before the government in May this year Committee was to move through all of these details in caved in and said that it would move away from the some detail over a couple of years, but there is one three private sites. But the government also said that the absolute, guaranteed base condition that you have in site was going to be at Hattah-Nowingi, and it said it on this process — that is, nobody wants a hazardous waste the same day. facility anywhere near them. Nobody wants it. Everybody protests and everyone around the This brings me to the second point of all of this, the first community will go to any lengths to try and stop it. being the misleading and deceptive conduct. How in That is a standard condition. creation did the government ever get to Nowingi being the proposed site for the development of this facility? The committee I chaired offered an opportunity for the With time being against me I finish on this basis: there other parties represented in the Parliament to participate are some outstanding questions with regard to this in solving the problem that the whole community was second point of the location of Nowingi, or the facing. We wondered whether they could bring nomination of Hattah-Nowingi as being the appropriate themselves to accept that responsibility or whether they site. We now know it to be a fact that it was never one would lapse into cheap politics. Would they resist the of the 100 sites under consideration, but we do not temptation for the cheap political shot? Would they be know whether any other Crown land was ever mature enough, considerate enough or responsible considered. We do not know how long the government enough to participate in finding the solution to the considered Hattah-Nowingi before it determined that problem? No! It was too easy and the politics were too would be the case. However, we do know that for some MATTER OF PUBLIC IMPORTANCE.

1372 ASSEMBLY Wednesday, 10 November 2004 attractive, too enticing and too tempting, so they have We have long-term containment material — toxic jumped in. material — being put into landfill right next to market gardens at Lyndhurst, and we have material going into This has all happened after the debacle that the former the dump at Tullamarine. The government has a policy, government was involved in — that is, the Kennett’s which I am sure the opposition would support in the government’s proposal to dump hazardous waste overall context of dealing with waste, of reducing the destined for long-term containment in a standard tip, a amount of waste produced by industry. In the three landfill capable of leaking. The then opposition joined years from 2000 to 2003 some 25 per cent has been with the government to refine and further develop the taken out of that waste stream. This is a significant criteria to find a way forward using science which achievement. In the long term these facilities will be would prevent the possibility of toxic material leaking needed, but the volume ought to gradually reduce with into waterways and affecting the environment. It was a the success of those strategies and as we also find ways bipartisan issue. Those criteria were set and they are of reusing and recycling. With that we should only need still being applied. One of the criteria, one of the to contain residual material, which as I said ought to conditions of the government proceeding, is that this shrink in volume. The policy settings are good, and the facility will be impervious — that is, that it will be criteria are strong. sealed and will not leak, so that nothing will get out. That is a criterion. It is in the interests of the National We examined dozens of proposals just for soil Party to say, ‘Maybe that’s not true’. The criteria are containment in the first stage of this. there, and the government will implement them. Mr Plowman — Did you? Did you personally? What we have here is the National Party not accepting any responsibility and not taking a mature approach but Mr MILDENHALL — Yes, I can assure members participating in scaring the hell out of local that I inspected those sites. communities. Look at the material that has come forward from the Hattah/Nowingi concerned residents Mr Plowman — Did you inspect Nowingi? groups. They ask questions — and I can imagine they Mr MILDENHALL — No, I have not were assisted by the National Party — like, ‘What are inspected — — we going to do about the likelihood of youth suicide as a result of this facility? What are we going to do about The ACTING SPEAKER (Mr Ingram) — Order! the increased rate of depression in the community as a The Leader of The Nationals was heard in relative result of this? What strategies will we use to counter the silence, and all members should be given the same impact of professionals not being willing to work in our opportunity. The member for Benambra should cease area?’. interjecting across the table.

This is extraordinary and hysterical stuff, and it is Mr MILDENHALL — I must say, as the former reminiscent of other times. The Hazardous Waste Siting chair of that committee, that the criteria around Advisory Committee was chased out of more preventing danger and being highly conscious of safety communities than I have had hot dinners in. No-one issues involve concentrations of human activity, the wants this facility. People in Deer Park have come up to environment and a whole list of other considerations. me and said, ‘You hurt my kids and I will kill you’. They looked straight in my eyes and said, ‘I will kill This site is more than 15 kilometres from the nearest you, mate!’. At Dandenong town hall people were waterway, 8 kilometres from the nearest house, getting ready to throw boxes of raw eggs. One of the 40 kilometres from Ouyen and 50 kilometres from achievements of the consultation process was that Mildura. It is close to a major highway and a railway because the people at that public meeting felt they had line. The ground water at the site is saltier than sea had enough of a fair go, they decided to squash the eggs water, so it is not accessed for domestic purposes. It into the carpet instead of throwing them at us. So we generally flows from east to west, away from the thought, ‘Maybe people have had a fair go here’. Now Hattah Lakes and the Murray River. It is well clear of we have this hysteria, with statements being made that the Murray River flood plain, and there are no recorded the containment facility will cause youth suicide and Aboriginal cultural heritage sites in the area. There is a the economic collapse of a region. This is dreadful layer of Blanchetown clay up to 35 to 45 metres thick material, and if The Nationals are behind it, they should below the surface, and it has a warm, dry climate. be ashamed of themselves. They ought to be trying to Obviously it is geologically stable. find a solution, not just exacerbating fears. MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1373

That list of qualities makes the site eminently worth Werribee. We are now looking at the best buffer zones considering and assessing through an environment and the best standards in the world for these facilities. effects statement process. Surely it should be looked at. All the ingredients are there to proceed. It is about time I encourage the locals and the council to put all their we grew up and got on with it. weight into engaging with that EES process. They should not form a protest culture — — Mr PLOWMAN (Benambra) — I want to speak briefly on some of the comments made by the member Mr Plowman interjected. for Footscray. He talked about ‘Not in my backyard’, but where were you when the debate was on in Mr MILDENHALL — Because that is the Werribee — — standard. Nobody wants these facilities; everyone will protest. Everyone will say, ‘Put it somewhere else. The ACTING SPEAKER (Mr Ingram) — Order! Take it away from us’. That is the standard. The Through the Chair! features or qualities of this site, which will rule it in or out, are to be rated against the criteria. How much Mr Mildenhall interjected. danger does it represent to humans? Will there be any impact on the environment, on the local economy and The ACTING SPEAKER (Mr Ingram) — Order! on the food bowl issues? Those are the criteria. The member for Footscray should cease interjecting.

Those are the factors that ought and will be taken into Mr PLOWMAN — The member for Footscray account in the government’s assessment of whether or suggested that there had been lots of opportunities for not this proceeds. It will not be a matter of whether his committee to view the different sites, but when we there is protest assisted by The Nationals because we asked if he had inspected the site at Nowingi he said he expect that; we know that The Nationals are helping to had not. How can someone who purports to have a organise that. The difference in each of these sites is great deal of knowledge about the issue of where the what their qualities are against the criteria and how toxic site is going to go in Nowingi propose that appropriate the site is for the purpose. There is Nowingi is the best site when he has not even been obviously a strong prima facie case for this site. It there? I know it is a long way from Melbourne, but for obviously rates well against the major criteria affecting the member for Footscray to make that statement he humans and the environment, being close to transport should have at least had a look at that site for himself. and being in a stable area. Members on this side of the house have had a look. I suggest that the Independent member for Mildura is The nature of the task before the local community and fully aware of the reasons why it should not be there. before The Nationals ought to be to assist in determining the suitability of these sites, and not just to I suggest that if the member for Footscray wants to lapse into the cheap politics of protest, saying, ‘We do substantiate the argument, the first thing he should do is not want it; therefore it should not happen’. The house go and inspect the site and talk to the locals. He also should consider the logical implication of that. We will went on to say, ‘If the community says that it does not never get one of these facilities in this state if that is the want it, we would never get a site’. We have existing criteria; if communities say, ‘We do not want it, sites that can take the waste material. We need to have a therefore we should not have it’. I can guarantee that no different means of treating and reducing that waste community, no area in this state, would say that this is material and be able to handle it on public land in areas an acceptable proposition for its community. So what where there are other noxious industries that are no would happen? We would severely disable our more dangerous than the siting of the dump in areas manufacturing industry and severely disable our ability that currently exist. to deal with this waste. Would any other state take it? I make one other point. The member for Footscray said Of course not. We are not going to take any other that this facility is not going to leak. I suggest it is bit state’s waste in this facility if it goes ahead. That is a like the current cabinet: it is not supposed to leak, but commitment that has been made by this government everyone knows that it does and it certainly will in the and the minister. future. I suggest to the government that it must take into It is about time we grew up in this debate. It is about consideration that this is not foolproof, and because it is time the opposition parties accepted responsibility and not it must consider the reasons why this site is not resisted the temptation for cheap shots. We have moved suitable. on from saying, ‘Let’s make it another leaching, I want to go back to the issue of the matter of public leaking tip’, as the former government wanted to do in importance. I have never witnessed an issue of such MATTER OF PUBLIC IMPORTANCE.

1374 ASSEMBLY Wednesday, 10 November 2004 huge public importance as the siting of a toxic waste directly under the Murray River, was going to be dump in Victoria that has been so ineptly handled and considered in its place. so deceitfully introduced. We had the dreadful prospect of the three farming areas which were declared to have All of this still required the toxic waste to be transported been picked out of 100 sites considered across Victoria. more than 500 kilometres from its sources. People in the I do not need to speak about the ineptitude of that industry say that the only time you have real problems decision. The government showed how it got it wrong with toxic waste is when you transport it. Fancy because it pulled out and just walked away from those transporting something 500 kilometres further than you three sites. But I really need to talk about the mayhem need to transport it and risk all those country that was caused to those three country communities and communities. If members have any doubts about it — — the personal devastation and anguish that it caused those farming families that were directly affected. If the Mr Mildenhall interjected. government had wanted to destroy the lives of those The ACTING SPEAKER (Mr Ingram) — Order! families, it did a top job of it. Can each of us consider The member for Footscray has had his chance. The what it is like? Members should try to place themselves member for Benambra should be heard in silence. in the situation faced by these farming families. Mr PLOWMAN — If members have any doubts In the early hours of the morning you get a knock on they should speak to the Country Women’s Association the door from someone totally unknown to you, telling from various communities along the track towards you that you are going to be evicted from your family Nowingi from which this waste is to be transported. It home, with no warning and no apparent justification. is a risk to those communities, and members of the That was followed in a matter of half an hour to one CWA certainly respond to that risk. hour by a telephone call from an equally faceless government minister advising that this was not a The other quite extraordinary thing is that this practical joke and that you are not only going to lose government tries to stop anyone who wants to clear a your family home but also your family business. On tree. This proposal will require the clear-felling of a many occasions those family businesses and farms had square kilometre of Mallee vegetation which is carbon been in the hands of those people for generations. The dated as being over 1000 years old. That is an government’s response to all of that was, ‘That is okay, extraordinary thing for this government to propose, they are only farmers and they can buy another farm given the other examples of its restricting any clearance somewhere else’. I can tell members that the anguish of native vegetation. that was caused to those individuals — one of whom was a wool classer for me some 30 years ago — was The government has clearly not done its homework just extraordinary, and there was no recognition of what well. An article in the Weekly Times of 26 May states: damage the government did to those farming communities by way of the action that was taken. The decision came so quickly that the government’s own hydrogeological consultants, URS, were caught unaware. A government source admitted that the company had not seen Those unsuspecting farming families and communities any drilling test data from Nowingi. then had to undergo a further 12 months of government bullying and a proliferation of lies to convince them It says further: that this was for the public good. But when the A Melbourne University geomorphologist, Bernie Joyce, said government finally succumbed to public pressure and the area was a significant geological heritage site. resentment of this Stalinist approach and realised that it had made a great mistake, it went on to compound the The Australian Heritage database says the Raak Boinka is: mistake by choosing another site which is equally The largest area of active ground water discharge in inappropriate and equally unjustifiable. Can members Victoria and one of the largest in south-eastern imagine how the Mallee community felt when it was Australia. advised that the government had decided that Nowingi was going to be used after the three sites that were An article in the Weekly Times of 2 June states: supposed to be the best sites in Victoria were no longer More than 80 per cent of Victoria’s grapes and much of its going to be considered? Instead, a site that was only 12 citrus fruit is produced in the region. to 13 kilometres away from one of the major irrigation and food production areas of Australia, adjoining three Grower, packer and exporter Robert Mansell said customers in the US, Japan, South Korea and Taiwan were sensitive national parks and above a water table that flows about contamination or any perception of it. MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1375

Mr Mansell, whose family farm is 12 kilometres from the problems that would have been caused by the Werribee site, said the government had failed to consult the industry proposal. Out of that came a very positive outcome — before announcing the site. the formation of a committee by the previous I refer to what was reported as being said by Harry van government to look at the siting criteria. Those criteria Moorst, the chief adviser to the government when in now have bipartisan agreement. All members have opposition on the dump being sited at Werribee: accepted the 30-odd siting criteria, and the government has looked at those to find the appropriate site. Mr van Moorst said the plans, which were released about two weeks ago in a discussion paper, showed a clay-bottomed The government has said, ‘Not only are we looking to landfill with some plastic liners that would allow for leachate science to find a site, but we are also going to ensure (contaminated liquid) to drain out of [the] facility into a collection system. that we have best practice in terms of the total containment facility’. We are dealing not with what … members saw with the previous government — ‘The proposal in the Major Projects Victoria … document is landfill — but with a best possible management less detailed but apparently no different to what was proposed proposal for the long-term containment of category B by CSR for the Werribee toxic waste dump, and the waste. The government has also demonstrated a strong government clearly rejected the use of that technology’. commitment to what has come out in practice — that is, Mr van Moorst, who was involved in the campaign against a reduction in waste. The member for Benambra the Werribee proposal, said current government ministers suggested that there is something new in that. The condemned storing toxic waste in landfill when they were in current government, the Environment Protection opposition, a stance they reiterated with government policy passed in 2000. Authority and industry have been working successfully on achieving a massive reduction in category B waste. This is clearly no better than what was proposed for the It means that the facility we are looking at now will be Werribee site. To suggest that this is world best practice smaller than was earlier anticipated. is absolute nonsense. It is deceitful. What this has done to those communities is totally deplorable! The government is looking at safe essential infrastructure. We are doing that because urban and The ACTING SPEAKER (Mr Ingram) — Order! country living, modern production methods, modern The honourable member for Benambra’s time has households and modern farming techniques all produce expired. waste. Some of waste is either already category B waste or becomes it in the process of refining or Mr CARLI (Brunswick) — The attempt by the decontamination. For whatever the reason, in the member for Benambra to impart hysteria to the house is process of household living, manufacturing and extraordinary. He has tried to create a sense of a great farming we are producing waste which potentially will danger in country Victoria as a result of the remain as contaminant waste for a long time. Therefore transportation of category B waste, which is absolute we need to find a site for a total containment facility in nonsense — and he knows it is nonsense. He knows the long term. The only agency that can really be that the category B waste we are dealing with will be responsible for that containment, given the time frame inert, stabilised and solid. It will not carry the danger of we are dealing with, is government. many other goods that are transported on our roads. Many of the goods transported on our roads are That is where the Bracks government is heading: we dangerous, but category B waste going to a total are taking responsibility and getting on with the job by containment facility is not dangerous and prone to looking at a form of safe essential infrastructure for our accidents. As I said, it will be inert, stabilised and solid. state. We have applied scientific criteria to the issue. Nowingi came up not only because of its suitability in The one thing I agree with the Leader of The Nationals terms of the scientific criteria but also because it was on is that members are dealing with a difficult issue. It suggested to us. In November last year Cr Greg Brown is difficult because members are aware of the absolute from Mildura suggested this as a possible site. The and total debacle that was the Werribee proposal put Nationals and members of the Liberal Party were forward by the previous Kennett government. The saying, ‘It can’t be on private land. Forget the private previous government went out and found a company land, find an opportunity by looking for a suitable site that had a big hole somewhere near Melbourne and was on Crown land’. In discussions people from the prepared to fill it. That was basically the response to the Mildura Rural City Council, including Cr Peter Byrne, category B waste problems we have in Melbourne — begged the government to look at Crown land, saying create another landfill, fill another hole. No that if it should be near their area, so be it. The consideration was given to the social and economic Nationals and people from the Mildura council wanted MATTER OF PUBLIC IMPORTANCE.

1376 ASSEMBLY Wednesday, 10 November 2004 it on Crown land, and they were prepared to accept a remote: it is 50 kilometres from Mildura, 40 kilometres suitable site, wherever it was found in Victoria. from Ouyen and 15 kilometres from the closest intensive agricultural area. Given what we know about Now it is clear that the Leader and other members of the geology and the available infrastructure, it is an area The Nationals are putting a banana — build absolutely that we believe — and it will be tested by the nothing anywhere near anyone — argument. They will environment effects statement — will be a suitable site not accept anything other than using Crown land for a total containment facility in which Victorians can 100 kilometres from the city, regardless of its rest assured that our industry and farms can function, suitability — going back to the idea of finding a big our households can be prosperous and that none of this hole somewhere near Melbourne and filling it. That is waste will leach into waterways and none of this not what has been applied in this case. In this case process will contaminate local communities. It is scientific criteria and a consideration of best practice important that we have that certainty. have been applied. We are dealing with a best practice facility; we are not dealing with a simple landfill. That It is true to say that we have not seen best practice in is extraordinarily important to realise. this state in terms of the management of waste containment facilities. That is what we are seeking to This year I had the good fortune to visit northern do as a government. We have gone out there and said Europe, where I visited two total containment facilities, that we want best practice. We have also gone out there one just outside Paris and another in the Champagne and said to industry that it has to deliver on a reduction region. They were applying best practice in prized in category B waste. That is occurring as we speak. We agricultural areas. They were suitable in their have seen a massive reduction in category B waste to geography and in the infrastructure that was available, the point that we are talking about a smaller site. As we and they were chosen for their scientific characteristics. know, the site will grow over time. It is now envisaged They are in place because they are essential to the to be much smaller than first thought. That is because modern lifestyle and to people’s sense of their industry has responded in such a positive way to the prosperity, their industries, their farming and their call — — households. The ACTING SPEAKER (Mr Ingram) — Order! The government rejects the attitude shown by members The member’s time has expired. of the Liberal Party and The Nationals that we should find the nearest hole and just fill it. We reject their idea Mr WALSH (Swan Hill) — It is interesting that the that whenever we apply criteria it is rejected on the member for Brunswick can talk about his overseas trip basis that it is close to some people who will be upset. and the fact that he has been to Paris and Europe and Clearly people will be upset; and they are more upset looked at waste containment facilities — or toxic waste about the opposition parties creating hysteria. They are dumps as they are more commonly known — but he creating a sense of panic, providing misinformation and has not made the effort to drive to Nowingi. The talking down these regions. That is a real problem. 500-kilometre trip up the road to Nowingi is obviously too long for him, but he is prepared to spend taxpayers We now have an environment effects statement (EES) money to go to Europe and swan around the before an independent panel, which will judge not only champagne districts of France to look at waste the environmental side but also the economic and social containment facilities. sides. As a government we have said that if this independent panel rejects this proposal, we will not go The decision to place the toxic waste dump at ahead with Nowingi. It seems to me that there is a Hattah-Nowingi was a very sad day for public policy process in place through which the communities, the and for decision making in Victoria. It is an absolute industry and Victorians in general can decide whether it disgrace that we have a government that has been is a suitable site based on scientific, social and elected on being open and transparent and has said, economic reasons. Let this process occur, and let us ‘We will consult with the people’, when this has been have a debate that is not based on the hysteria that we done in absolute secret. It has destroyed its own green have heard today, particularly from the member of credentials in this whole debate and has put a blight on Benambra, who is trying to create panic in this state. the horticultural and agricultural area of the Sunraysia. Hundreds of millions of dollars of produce from that We are dealing with a site that is Crown land, as the area is exported to all points of the globe. This is an National Party has argued. In this whole process the issue that our overseas competitors will now exploit National Party has argued for Crown land, so we have when in the markets of Japan, China, Taiwan and sought Crown land. We chose it on the basis that it is Europe. Are Chile and South Africa just going to sit MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1377 back and say, ‘Will we compete with these people on The member for Benambra talked about the issue of quality and price?’. No, they are going to start a scare clearing trees. We are going to clear hundreds of trees campaign in those countries and say that there is a toxic on that site, but today the Minister for Planning tabled a waste dump placed right in the middle of this planning amendment whereby we will no longer be production area, the Sunraysia. It is going to put our able to put in centre pivots without going and getting a producers at significant disadvantage. permit to clear a tree. We have farmers who are trying to be environmentally friendly and we have a The member for Footscray said that we should not government which is going to destroy the environment severely disadvantage industry by not having a facility of the area up there. 500 kilometres away. It is a pity he did not think about how he is going to disadvantage the producers of the The process of getting to Hattah-Nowingi has been a Sunraysia when they try and compete for export disgrace. The three previous sites have been well markets overseas. We will have the Chileans, the South covered by other speakers. The reason for overturning Africans and the Californians running a scare campaign those was effectively political pressure. that this produce has come from an area right next to a Hattah-Nowingi was all of a sudden plucked out of the toxic waste dump. air. The member for Brunswick talked about how it was suggested to the government by one of the councillors In terms of the government’s green credentials, the of the Mildura Rural City Council. Perhaps if one of the Australian government is a signatory to the Ramsar other councillors had suggested that it not be there, the wetland agreement. We are now going to have a toxic government might have taken notice of that. If you are waste dump right next to a wetland. Further to this, in going to listen to one, you have to listen to the other. this house, in New South Wales and in South Australia The biggest concern in this debate, apart from the we have had constant debate about saving the Murray technical issues and placing it in an environmentally River: it is commonly called the Living Murray debate. sensitive area next to a major horticultural area, is the The Hattah-Nowingi site has actually been chosen as whole issue of grubby politics — these supposedly one of the icon sites that the Living Murray process is secret incentives to the community up there to go quiet going to work on to restore and maintain its health into and accept a toxic waste dump for their area. We have the future. We are going to spend $500 million as a first had reports of supposedly $240 million of secret step for the Living Murray, which is to work on these incentives for projects. icon sites. It is a surprise that one of the icon sites in Victoria is now going to have a toxic waste dump Dr Sykes — How much? placed right next to it. Mr WALSH — Two hundred and forty million We also have a situation where the site where they were dollars so the Sunraysia community will roll over and going to do the drilling for the environment effects go quiet on this. It is not that long ago that we had a statement has emu wrens on it. A lot of people probably trade display in Queen’s Hall put on by the Sunraysia did not know about emu wrens until this issue started. If community. What role did the Premier have in you look at the agreement that is now being signed to discussions with that community at that time about hold up the drilling in that process, you see that it states: what incentives may or may not be offered for it to roll over on this toxic waste dump? What role did the The parties are concerned that site investigation works member for Brunswick play? We have seen press associated with the environment effects statement for the long-term containment facility has potential to adversely reports about the role he may have had in any impact the EPBC-listed Mallee emu wren, particularly during discussions with that community. It would be the breeding season. interesting if this house could be told whether the member for Brunswick is actually the bagman for this We have had agreement from everyone — including government in offering incentives to that community to Major Projects Victoria — that the EES will hold up roll over and accept this waste containment facility. the drilling. That has been done because of the breeding season of the emu wren. Does this mean that if this I can see the member for Brunswick with the traditional toxic waste dump is actually built there we will not be old Gladstone bag filled with incentives going up to delivering toxic waste during the breeding season of the Mildura to bribe that community to take the waste emu wren? Surprise! How are we going to deliver toxic containment facility. Another question that has been waste without affecting the emu wren in the future? As asked by the community is: what role has the member I understand it, the community of emu wrens on that for Mildura played in this whole debate? Has there been site is one of the few viable communities of emu wrens a deal done here to get the train back to Mildura? Are in Australia. MATTER OF PUBLIC IMPORTANCE.

1378 ASSEMBLY Wednesday, 10 November 2004 we going to use the train track to provide the council should not defend its mayor in a legal action. I justification — — think it is a blight on democracy when someone is representing their organisation and other people say that Mr Savage — On a point of order, Acting Speaker, organisation should not stand up and defend them. It is the member for Swan Hill has made some references to an absolute disgrace, it is a blight on democracy. If he is deals which I find offensive, and I ask him to withdraw. doing the job as the mayor, the council should stand behind him and support him. The ACTING SPEAKER (Mr Ingram) — Order! The member for Mildura has asked that the member for Mr SAVAGE (Mildura) — I rise to support the Swan Hill withdraw the comments. matter of public importance lodged by the Leader of The Nationals. I want to start by saying that my Mr WALSH — On the point of order, Acting opposition to this proposal for a toxic waste Speaker, I do not believe I have — — containment facility in Mildura is unequivocal. As the The ACTING SPEAKER (Mr Ingram) — Order! representative of that area I have received the wishes of If an honourable member takes offence at a particular the community in a very clear and sound way — comment, the custom in this place is for that comment 22 000 people signed a petition; there were 32 000 but to be withdrawn. 10 000 were taken off because they were interstate residents who live on the boundary in Mildura. I want it Mr Plowman — On the point of order, Acting to be made quite clear in this place that I have done no Speaker, the member on his feet actually posed a deals and I have made no compromises — I do not question and did not make a statement. I think on that operate in that way. Those people who suggest the basis it is very difficult for you to demand that he same are wrong or are telling lies and have their own withdraw that question rather than a statement. agendas.

Ms Kosky — On the point of order, Acting Speaker, Mr Walsh — On a point of order, Acting Speaker, I I understand that the member may not believe he has am offended by the fact that the member for Mildura is offended the member for Mildura, but the rule in this considering us liars in what we have said, and I ask for house is if a member feels offended by a comment and him to withdraw. asks for the withdrawal of that comment, then that is done. There have been many instances within this The ACTING SPEAKER (Mr Ingram) — Order! house where that has been the case. It is easier to Has the member for Mildura made comments in withdraw and move on with the debate than to be relation to the member for Swan Hill? unprepared to do so. This will establish a precedent in Honourable members interjecting. this house which I do not think is helpful because many of us have to withdraw on occasions where we do not The ACTING SPEAKER (Mr Ingram) — Order! believe that should have been the case. Did the member for Mildura make comments particularly about the member for Swan Hill? The Mr WALSH — I will withdraw, so I have time to ruling I made on the previous point of order is speak on this issue because it is a vital issue. consistent with the rulings from the Chair — that is, The ACTING SPEAKER (Mr Ingram) — Order! members can only take offence to words which are The member has withdrawn. used directly in relation to them. In that instance, if the member takes offence, those comments can be Mr WALSH — Another issue I would like to raise withdrawn. quickly is the issue of secession by Mildura. The council has moved a motion that it would like to secede Mr SAVAGE — It is true that we do need a facility from Victoria. It has been dismissed by the Premier and for toxic waste in Victoria. There is no argument — I the member for Mildura as a publicity stunt. I do not have heard other members speak on that. However, we believe it is a publicity stunt; I believe it is the act of a have to ensure that the decision is an appropriate one. desperate community which is extremely concerned We have to choose the right place for it. The about how it is being treated by this government. government was deserving of criticism when it chose the three private land sites at Tiega, Baddaginnie and The other issue I would like to touch on is the legal case Pittong. That was wrong. It was a very bad planning and the libelling of the mayor and the Mildura Rural decision and it had some severe impacts on those City Council by the Mildura Independent Sunday Star. communities, which are lasting today. I was pleased A number of people are purporting to say that the when the decision was made to take away the MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1379 possibility of a toxic waste dump from private land. The member for Swan Hill mentioned the secession However, unfortunately we went from a good position proposal by the Mildura Rural City Council. He is to a very bad one by locating it 500 kilometres from correct in his assumption that it was done out of Melbourne and suggesting that Hattah-Nowingi is the frustration. It has certainly got publicity around appropriate place for it. Australia. My mother mentioned that she had seen it in the Sunshine Coast Daily, which surprised me. I am I listened to the words of the Leader of The Nationals concerned that if we persist with this it has the potential when he said it was misleading and an abuse of process. to make Mildura look like a backwater instead of an I believe that was the case and I support those area that has a logical, good argument and can put up a comments. The waste report he referred to suggested good case. My concern is that it was premature to do it 100 kilometres from Melbourne. That should be the and that in seeking a legal opinion, the outcome of case, but I am not in a position to suggest where that which we know, there is a very significant cost would be. The rally held here on 13 October would be a involved. clear indication to members in this place that there is significant depth of feeling about this. To travel Mr Delahunty interjected. 550 kilometres to Melbourne and go back on the same day is an enormous effort. It is a reflection of the depth Mr SAVAGE — As the member for Lowan said, of feeling and the opposition to what is being proposed the journey for me to the Parliament in Adelaide would that a significant number of people did that. be 2 hours shorter than the journey to Melbourne!

The site choice is extremely questionable. It is locked in There are some more fundamental principles I would between two national parks — Hattah Lakes and Raak like to address — — Plain. The Raak is the location of the greatest ground water discharge in Victoria. The drilling will show the Dr Napthine interjected. water moves towards the Raak plain, but it is also a Mr SAVAGE — That is right, there will be an place which disseminates water back and forth in both election, and then there may be some changes. directions. If it cannot be shown that that is not the case, then it is going to be very difficult to establish an I have some concerns about that particular proposal. I environment effects statement proposal that supports think the council should not spend ratepayers money on that concept. seeking a legal opinion on which we know the answer — and the answer will be that you cannot do it. There is a significant agricultural base very close by. As other speakers have mentioned, other countries which Another issue has been suggested by members. I am produce similar products would be very astute in not going to name anyone, because I do not want any suggesting that we have some issues with potential more points of order, but I have not done any deals with contamination. Members will have seen the tremendous government. I have certainly pressed for the return of display in Queen’s Hall some weeks ago put on by the the train, because that is a long-term commitment made Save the Food Bowl Alliance. The extent, diversity and by this government; and as far as I am concerned, if quality of the product was a revelation to most you make a promise or a commitment, you fulfil it. members. Most of that product would have been grown That has nothing to do with whether or not a toxic within 15 kilometres of the proposed site. waste containment facility is built at Nowingi. We will argue against that on the basis that it is inappropriate, I refer to another thing that concerns the community. and there are a host of reasons for that which have been There was a significant front page article in the elaborated on by members other than me who have Sunraysia Daily some weeks ago detailing how the perhaps greater expertise than I have. toxic waste containment facility was going to be constructed. The proposal was for a total concrete The issue that disappoints me the most is that when the construction, roofed and underlined with concrete. The decision was made to preclude private land from the fact sheets that have come out since have suggested that toxic waste containment concept there was not some there will be a clay liner and plastic layers. The plans break in time during which all the public land in for the toxic waste containment facility are changing all Victoria could have been assessed. We were told at the the time. If we all knew what we were doing, we would time that no public land was available and that that was have had those plans up front at the start of the process, why the three sites were chosen. Therefore there must not halfway along, and would not then be changing have been more land out there than just the one site at them. Nowingi. It appears to me that there was a short-circuiting of a process which should have had MATTER OF PUBLIC IMPORTANCE.

1380 ASSEMBLY Wednesday, 10 November 2004 built-in protections. We could and should have avoided by a process server was considered to be offensive by a multitude of the issues we are seeing here today. those who received the information by that means, and it has stuck in their memories as perhaps one of the I ask The Nationals to find a more cooperative way. I worst aspects of the whole saga. Secondly is the issue have certainly tried to be cooperative on this issue and of the timing in relation to how far down the track the to have a united front in opposition to the toxic waste whole process had proceeded before the facility. There have been times when I have wondered land-holders — the people whose livelihoods were about what the real agenda has been. I would ask those turned upside down — were involved in the process. of us who oppose the facility to present a united front so that we can oppose it without the distractions that Another major issue is the incorrect exclusion of Crown bring us into disrepute. land from the government’s initial selection process and criteria; it was wrong at day one. There was also a I support the matter of public importance, and I call fundamental failure by the government to fully do its upon the government to abandon this toxic waste homework prior to narrowing the process down to these containment facility at Hattah-Nowingi. three sites and its failure to take on board local information in relation to site selection. If only the Dr SYKES (Benalla) — I rise to support the matter government or the project people had spoken to the of public importance that asks this house to condemn locals they would have known that the site was on a the government for its nomination of Hattah-Nowingi flood plain and that the Goulburn Broken Catchment as the site for a proposed toxic waste dump and for its Management Authority would not have been able to deceitful and misleading conduct in reaching that support the positioning of a site there — that is, one of decision. To that I would also like to add the words the government’s own authorities; and it would have ‘incompetence and callousness’. known that the site is within close proximity of the I will use the time available to me to show that the Goulburn Valley food bowl, which generates an overall Bracks government has form when it comes to economic benefit of $8 billion a year. The government deception and misleading conduct. In fact it has shown did not do its homework very well and did not take on remarkable consistency in and has made an art form of board local knowledge. deceiving country Victorians in particular. The people Worse still, the government failed to act quickly when of the electorate of Benalla have experienced their share it was clear that the site was unsuitable and obviously of reprehensible conduct, the most outstanding of wrong. It also was unable to answer simple, practical which has been the government’s ill-conceived decision questions. People say, ‘If you are going to go ahead, to short-list Violet Town and Baddaginnie as a site for a how big is the site? What properties are included?’ toxic waste dump. There was also misleading and Adjoining land-holders were not notified for months deceitful conduct in relation to the non-delivery of because the project people said they were unable to commitments on natural gas prior to the election and access information about who owned what property. I similar concerns about Lake Mokoan. But I will focus will tell members a little secret — all you have to do is on the toxic waste dump issue. look at the Country Fire Authority map book or sit My first knowledge of the sorry saga was a phone call down with the locals and ask them, ‘Who owns that at about 9:30 a.m. on 12 November 2003, just under house, is it still the same ownership?’ It is not very 12 months ago. That was when Charlie Crocker rang hard. me and said, ‘The mongrels are going to take my land’. The worst aspect of this whole saga, and the most Subsequently as events unfolded I was to learn that deceitful act, was how the community was subjected Charlie and Marie and four other land-holders, Judy and coerced into ongoing supposed consultation and and Anthony Wills, Lyn and Murray Burns, Heather coerced to participate in the environmental effects and Leo Goldsworthy, and Ian Errey had been told by a statement for months and months after the government process server that they were going to have their land had already realised it had got it wrong and after it was put under consideration for a toxic waste dump and that clear the government was looking at other options. I in the event of its being found satisfactory it could be was involved in that process. I was trying to help the taken from them. people talk to the government, trying to work with the There are a number of key issues that arise out of this government to get agreement that it would proceed in a particular sad and sorry saga. First of all is the issue of stepwise manner, focusing first of all on the two key the method and timing of the notification to the issues raised by the local community. The first was that land-holders and the related communities. The serving the areas were subject to flooding. The second was the proximity of the Goulburn Valley food bowl. I was led MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1381 to believe that I was making progress and that should away with such callous deceit. I say to the government the site be found unsuitable on those two points there and the Premier: hang your heads in shame for the would be no need to proceed further. Right through callous and deceitful way in which you went about this until the third week of May I was negotiating with process at Violet Town and Baddaginnie and how you government and local people in attempting to bring are similarly going about this process at Hattah and about a pragmatic approach to resolve this issue. Nowingi. I say one more thing: the people of country Victoria will neither forgive nor forget. At the same time the government and the project people were talking to land-holders and the community and Ms LINDELL (Carrum) — I would like to make trying to get them to make available additional some comments this morning, and in doing so reflect information on the basis that that information was on the comments of the Leader of The Nationals when necessary for them to make an informed decision about he commenced this debate so full of hypocrisy and which way to go. The government had already made up political point scoring in this Parliament, I do not think its mind! It had made up its mind months earlier but I have witnessed it in my five years here. subjected the people of Violet Town and Baddaginnie to a callous and deceitful process of continued coercion, We see the members of The Nationals and the Liberal pain and emotional suffering that will stick in their Party gloating as they sit here, acknowledging so memories for ever. When I came to the Parliament earnestly that this is a very difficult decision for feeling for the local people and knowing the hurt and Victoria, for any community and for our society at large pain they had been through, I asked the Premier to to come to, but still delighting in the fact that they are in make an apology to the people of Violet Town, opposition and do not have to make the decision. They Baddaginnie and the other communities. The Premier can run around Victoria. They can beat the drum and refused. The Premier was not prepared to say, ‘I am ramp up the hysteria to unbelievable heights. It is a sorry we got it wrong, we should have listened to you. great day to be in opposition! But what do they say We should have spoken to you before we took this on, when we actually question them about the sincerity of and we would not have made this foolish decision and their concern for the state of Victoria and the fact that would not have subjected you to this pain’. we do have waste that has to go to a containment facility? They say — — The Premier also said there would be no compensation. Actually he did not say that. On 21 May there was an An honourable member interjected. ABC report in which the government spokesperson said there was a $50 000 compensation fund. The Premier Ms LINDELL — No, no, no! Their reaction in was quoted as saying, ‘I have not seen any of these defence of their behaviour is to ask, ‘What did you do claims, but if they do have legitimate out-of-pocket in Werribee? What did you do when you were in expenses then obviously they need to submit a claim’. I opposition?’. That seems to be their defence. Let us see wrote to the Premier about that, and his staff responded what some of the contributions have been. with the comment that, ‘The Premier appreciates your The member for Benalla stood here, outraged at the concern on this issue and your information will be government because we dared to enter into a process — shared with the Department of Infrastructure so that the an independent process — and at the end of the day matters raised in your letter can be considered for a said, ‘Yes, the community is right about the further response’. That was on 27 July. Come environmental effects. It is not the right site and we will 19 October I still had not had a reply so I wrote again, go and find another’. We are being absolutely and then we went back to the standard party line and I castigated for entering into a process and then saying, got the message from the Minister for Major Projects ‘Environmentally it does not stack up, and we will not that this was not a compensation fund. For months I continue with that process’. and the people from Violet Town and Baddaginnie were lulled along deceitfully and misleadingly. Now we get to a site — the Nowingi site — which is 50 kilometres from Mildura and 40 kilometres from The damage has been done, and the social impact of Ouyen and very close to the Hattah-Kulkyne National that callous, deceitful and incompetent act will linger Park. That is a very beautiful place in Victoria, although for a long time. The family structures were fractured I am sure that when it was declared a national park The and the community structures were put under pressure Nationals did not vote for it. The site that we are talking by the government. I should say that the community about is 15 kilometres from the closest intensive responded magnificently by getting together and agricultural area at Colignan. Nangiloc is a further uniting in a way that only country communities can and 7 kilometres away. I know them both very well. demonstrated to this government that you cannot get MATTER OF PUBLIC IMPORTANCE.

1382 ASSEMBLY Wednesday, 10 November 2004

Let us think about the waste that will go there. The and ground water under the facility and by preventing waste is solid and dry and is classified as category B, water entering the containment area during placement prescribed industrial waste. We all know that it comes of the wastes. There are design components to protect from the manufacture of our cars, our refrigerators and the surface water by preventing water entering or our stoves, and a whole host of other things that all leaving the facility during rain or flood and design Victorians use every day of their lives. components to protect social amenity by preventing noise. An honourable member — Three-and-a-half million in Melbourne! The aim for this facility is zero emissions for hundreds of years. I note a degree of scepticism from the member Ms LINDELL — It is not flammable, it is not for Benalla, but of course the processes for the corrosive, it is not explosive, it is not radioactive and it treatment of waste are progressing and developing is not infectious. rapidly. A number of alternative waste technologies which will divert waste from landfill — any type of Dr Sykes — But it can kill! landfill — can be employed and will continue to be Ms LINDELL — We have a very strong employed. There was a lot of laughter and jest about the environment effects statement process so we can look fact that the parliamentary secretary had been overseas at the broader environmental standards for this to look at examples of world best practice in this area. containment facility. That really shows the very narrow interpretation and the limited experience of the opposition when it comes One of the things I do not think anyone has mentioned to looking at and striving for world best practice. in this debate so far is that the commonwealth Environment Protection and Diversity Conservation To believe that Australia and Victoria cannot produce a Act must also tick off on the panel process and the facility in line with world best practice is just not right. recommendation for this site. It requires not solely a We are very serious contenders as world leaders in Victorian government tick; it has to be ticked off by the waste reduction, and we must continue that. The commonwealth government. Very recently we have Environment Protection Authority has been working seen the commonwealth government call in the with industry on a number of programs to reduce the proposed wind farms proposal to have a further look at quantity of waste. An example of that is the Top 30 it. I am sure that in time this project will also be called program, which involves the EPA working with major in, as I would expect the channel deepening project to generators of prescribed industrial waste to help them be called in and scrutinised under that commonwealth reduce the amount of waste sent to landfill. legislation. That is entirely appropriate for these major My very first experience of where and how we are environmental projects; they need the greatest level of going to do what we have to do with our waste was scrutiny that as a society we can give them. If that when the hazardous siting team came out to Dandenong includes commonwealth government scrutiny of them, I for one of its public meetings and that very forlorn am very supportive of that. creature, the former member for Mordialloc, was there. If we look at the design of the facility from an He was quite hysterical that night — and many of us environmental perspective we see that it will be who served with him in Parliament will understand designed to protect the air by avoiding the release of that. He was determinedly telling all in the audience dust and vapours during waste-handling operations and that the government was going to expand Lyndhurst after containment and that the land will be protected by and put the toxic dump in Lyndhurst, and he was not the avoidance of spillage during the transport or going to allow that to happen. He may have been handling of wastes. We have heard a little bit already considering that at that stage, but then halfway through this morning about the dangers of transporting this the evening he decided that no, it was not Lyndhurst, it waste to Nowingi. Given that the petrol used by the was Dutson Downs. community in the Mallee also goes by road and that an The ACTING SPEAKER (Mr Cooper) — Order! accident in the transportation of petrol would be much The honourable member’s time has expired. more environmentally dangerous, I am just querying the hysteria that we heard from the member for Dr NAPTHINE (South-West Coast) — I stand to Benambra about the transportation of this waste. support the matter of public importance, which particularly refers to the deceit of and misleading Further design components will protect the ground actions by the city-centric Bracks Labor government in water by avoiding the leaching of wastes into the soil dealing with its decision to place a toxic waste dump in MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1383

Hattah-Nowingi. I refer specifically to the next step in What is more, the minister has exempted herself from that deceitful and misleading action in the form of an the requirement under the Planning and Environment amendment to the planning scheme that was presented Act and the Planning and Environment Regulations to to Parliament recently. I will quote from the notice of publish a notice of the amendment in a newspaper approval of that planning scheme. It states: generally circulating in the area and the requirement to publish a notice of the amendment in the Government On 22 October 2004 the Minister for Planning approved Gazette. This is the height of absolute arrogance and the amendment C40 to the Mildura planning scheme. height of misleading and deceptive behaviour by the This amendment was prepared by the Minister for Planning. Bracks Labor government that affects the people of Hattah-Nowingi, the Mildura Rural City Council and The Minister for Planning will be responsible for administering the Mildura planning scheme (as amended) as the people of regional and rural Victoria generally. The it affects … minister has taken unto herself the controls of the planning of that area without any consultation, without It describes the allotment as being: any notification and without giving any reasons to the community as to why she is taking over this planning … approximately 1152 hectares abutting the west side of the Calder Highway, approximately 5 kilometres south of process. Nowingi. What will the minister do under these rules under the It goes on further to say: Mildura planning scheme? The minister’s new rules state that no permit is required to remove, destroy or lop No notice of this amendment was given. any native vegetation. The Minister for Planning can The minister did not consult the responsible authority. destroy 1000 unique Mallee trees on this site; she can destroy unique Mallee vegetation that is 1000 years old. The Minister for Planning has taken unto herself I have been to the site. I have walked over it. I have planning decisions to do with the Nowingi site without seen the flora and fauna. It is absolutely disgraceful that any notification to the Mildura Rural City Council. the minister is allowing the destruction of that native vegetation without any consideration. The rules state The document also states: further that no permit is required in respect of: The minister exempted herself from the requirements of All native vegetation that must be removed, destroyed or sections 17, 18 and 19 of the Planning and Environment Act lopped to the minimum extent necessary to reasonably 1987 and from the requirements of the Planning and conduct hydrogeological, environmental and cultural heritage Environment Regulations 1998 … investigations … The regulations state that there is a requirement to give The minister has given herself and the Bracks Labor a copy of the amendment, together with the explanatory government the power to do what they like on that site. report and any document applied, adopted or I quote further from the schedule to public conservation incorporated in the amendment to the relevant and resource zone that they will be allowed to drill up municipal council. to 40 bores on the site under this planning amendment, The minister has exempted herself from any giving the minister absolute carte blanche and absolute requirement to notify the Mildura Rural City Council power over this site. She can allow the drilling, that she has taken over the planning considerations to installation and construction of ground water bores, do with the Hattah-Nowingi toxic waste site. She has including the construction of ancillary works such as exempted herself from the requirement to give notice to minor formations or pits, pads and tracks for the any other minister, public authority or municipal purposes of hydrogeological investigations. council that the planning authority considers may be It goes further — she has more power! This is without materially affected by the amendment. She has consultation with the Mildura Rural City Council, exempted herself from the requirement that the without consultation with the local community, without amendment be made available for inspection until the publication in the local newspapers or in the amendment is approved. She has exempted herself Government Gazette, because the minister exempted from the need to give notice of the amendment to the herself from the requirements that any other council or owners and occupiers of land that the planning planning authority has to go through in that process. authority believes may be materially affected, so she The minister will allow herself to dig 1000 shallow pits does not have to give notice to any of the neighbours of across the site and 6 inspection pits. Those inspection the site that she is taking over the planning decisions. pits will involve using a backhoe or an excavator to investigate soil profile. The shallow pits will allow the MATTER OF PUBLIC IMPORTANCE.

1384 ASSEMBLY Wednesday, 10 November 2004 construction of temporary fencing and shallow pits, and The site is a corridor between the Hattah-Kulkyne and the installation therein of fauna traps for the purpose of the Murray Sunset national parks. It is a unique and investigating subsurface features and fauna. She will be important environmental site. I challenge any building traps to catch the local Mallee fowl. The government member to go and walk over the site, to Minister for Planning will build traps in bores and pits have a look at it, to sit down among the trees and to on this site to catch the local Mallee fowl and the local have a look at its beauty. They would then say that it is emu wren — to catch the endangered flora and fauna an absolute outrage to think about wrecking the site by on that site. pulling down and clearing 1000 Mallee trees to put in a toxic waste dump. This is an absolute outrage. Unfortunately it goes along with the consistent process of the Bracks Labor Finally, the site is 500 kilometres from the source of the government with regard to toxic waste dumps. The waste in Melbourne. This will increase the cost of government has thumbed its nose at individuals, at rural transport and the cost of disposing of that waste, communities and at local councils, and this amendment therefore making temptation greater for people to to the planning scheme is another stage in that dispose of waste illegally and inappropriately. It will deceptive, misleading behaviour by the Bracks Labor put at risk all the communities along the 500 kilometre government. route that the toxic waste will take. Those towns and communities along that route should not be put at risk Fancy the Bracks Labor government introducing an by that transportation process. It will cause enormous amendment to the Mildura planning scheme without damage to our roads and to our environment and will any notification to the local municipality or the local make travelling on those roads riskier and less safe as community and the minister exempting herself from all 10 B-doubles a day take toxic waste 500 kilometres to the normal requirements of changes to planning the Mallee region. schemes. I repeat, as it says on this notice, that no notice of the amendment was given and the minister did It is far too big a risk to put a toxic waste dump at not consult the responsible authority. This is an outrage. Hattah-Nowingi. The local community has said loudly It is a disgrace. It shows the hypocrisy of the Bracks and clearly that the proposed site is not right for this Labor government, which said it would consult and waste, and the government should listen to that would listen to local communities. This is the community. The government should also listen to the government thumbing its nose at the local community, recommendations of its own committees, which say and it goes to the heart of the matter of why this toxic that this toxic waste site should be within waste dump should not be at Nowingi. It is because the 100 kilometres of Melbourne and on Crown or government is not game even to prosecute its case in industrial land. At the same time we as a community the local community and to make the case for why it must make every effort to reduce waste in our society. should be. The ACTING SPEAKER (Mr Cooper) — Order! I will conclude my remarks by outlining why putting a The honourable member’s time has expired. toxic waste containment facility at Nowingi is too big a risk for Victoria and that local area. Locating a toxic Ms GILLETT (Tarneit) — Acting Speaker — — waste containment facility in Nowingi will put at risk the Sunraysia clean and green image of our agricultural Ms Beattie interjected. exports, which the Deputy Leader of The Nationals has Ms GILLETT — Unfortunately, as the member for spoken about so eloquently. The site is situated in the Yuroke has said, I have some experience of decisions to heart of the Sunraysia food bowl, which produces locate toxic dumps! As more experienced members of 27 per cent of Australia’s wine production, 24 per cent the house will know, in 1996 just prior to the election of Australia’s citrus production and 99 per cent of the Kennett government announced that a toxic dump Australia’s dried fruit product. was to be located in Werribee and run by a company The proposed site puts the environment at too big a called CSR. It has always struck me as bizarre, even to risk. It is subject to flooding and is located in the this day, how it could be that that particular government catchment of the Murray River and in one of the major could decide not only on the site but on the company, ground water zones in the state of Victoria. The site is but make no specifications about the technology that home to many endangered species, including mallee could be used. Absolutely none! fowl, the Mallee emu wren, the black-eared miner, the Today, in a blinding display of hypocrisy, we have regent parrot and the red-lored whistler. heard some speakers express outrage at what is a closed MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1385 process. It has to be said at the very outset that the the process we are going through. There were no rules process the Kennett government went through to under the Kennett government — no rules and no establish a toxic waste dump in Werribee bore criteria. There was no examination of multiple sites and absolutely no resemblance to the process this no listening to the community — none whatsoever. government has gone through to establish an There was a hole in the ground, a company owned it appropriate site for a long-term containment facility. and a decision was made that that company would go The two processes could not be further apart. through the onerous process of trying to sell this impossible-to-sell project to my community. As I said, from the day we were told — told, not consulted; we were told! — that there was going to be a I am proud to say that the Labor opposition responded toxic waste dump in Werribee, we were told the site with activism and a dynamic re-look at how policy and the company and that no further correspondence needed to be developed, not just in terms of how to would be entered into. None at all! There were not dispose of the waste but in terms of how to reduce the multiple sites. There was one site. There was no production of that waste in the first instance so that in examination in public of any other site. To this day we the longer term we could look to an environment where have no idea about how Werribee ever came to be not we were all more responsible about the waste that we one of several sites but the only site. I have my created or we understood how in our daily lives we suspicions, and I will share them with the house. could make changes and take responsibility, as all Victorians should, for the waste we produce and the My suspicion is that the Kennett government, being the damage that can be done if we are not careful. forward and progressive party that it was, thought, ‘What do we need to do here? We need a facility, and I remember a cold and drizzly night in April at the we need someone to run it. What do they need in order Werribee racecourse. We had called a public meeting to run it? They need to have somewhere to run it. A for that day, and we were all a little nervous. It was hole in the ground is what they need’. Kennett freezing cold and drizzling with rain, and we were all government members thought, ‘Let’s have a little think quite worried that there would not be the turn-up of the about who might to do that’. Perhaps we could have numbers we would like to have seen that would expected them to think, ‘Let’s pick a company with an demonstrate our point. As we sat and waited for exemplary environmental record’. But no! They Mr Brumby, the then leader of the parliamentary Labor thought, ‘Let’s just pick a company that owns a hole in Party, to announce the ALP’s policy on reuse and the ground that it needs to fill in’. They thought it could recycling, carload after carload arrived, to the extent be any hole in the ground, and that if that hole had been that by the beginning of that meeting there were used as a quarry, then that was fine because it would 15 000 people at the Werribee racecourse — something have to be remediated anyway. The Kennett that the Werribee Racing Club would love to see on government thought, ‘Wouldn’t the best way to race days. On a cold and drizzly evening remediate an old quarry be to fill it up with prescribed 15 000 members of my community turned out. It was a waste? That is what we will do. What an outstanding stunning display of the community’s rejection of the and stunning idea!’. Kennett government’s proposal that only Werribee would be considered as a place for a long-term I know the process that was gone through in no way containment facility. This government has adopted a engaged the community. The Kennett government was completely different process, having learned from the absolutely disinterested. I can remember coming into mistakes of the Kennett government — from the stupid this house every day for the best part of three years and mistakes of the Kennett government. imploring members of the Kennett government to listen to the community of Werribee, but they did not listen at This government has said, ‘We will examine a range of all. In fact I have to correct my colleague, the Leader of sites’. After we have selected the appropriate site, and The Nationals. In his contribution earlier today he said after we have gone through what I think is a long — — that the Kennett government listened and that the project was withdrawn, but that is false — absolutely Dr Sykes interjected. not true. What happened was that CSR, having been put under the pump by my wonderful community for Ms GILLETT — You were not around, my dear! almost three years, said, ‘It is too hard. This community Through the Chair — I apologise, Acting Speaker. is never going to accept the location of a long-term It was the lessons that we learnt from the mistakes of containment facility. Absolutely no way! We cannot the Kennett government that have made this process wear the heat any more. It is damaging our reputation one where, firstly, things are done step by step — as a company’. The fact is that it sounds nothing like MATTER OF PUBLIC IMPORTANCE.

1386 ASSEMBLY Wednesday, 10 November 2004 multiple sites are examined. It could be argued — and it The comments made by him worry the daylights out of has been by those on the other side of the chamber — me that the government has made the decision, that this creates fear and unrest in a lot of different whatever the outcome of the EES process. The member communities. That may be one of the downsides. I am for South-West Coast talked about the planning issues. happy to accept that, but I am not happy to say that we I think the government has made the decision without should have picked one site in a closed session, like the even going through the EES process. Kennett government did, and terrified the living daylights out of an entire farming community. The As highlighted by the member for Swan Hill, the choices are being examined in a scientific and open member for Brunswick has been everywhere overseas way, which just did not happen under the Kennett looking at similar facilities, but he has not been to the government. site selected by the government in Nowingi. He says it is safe. Why then has the government selected the After the site has been selected properly there will then furthest corner of Victoria from Melbourne — over be a process that determines a good company — one 500 kilometres away? Is it because it is close to South with ethics, credentials and a track record in this Australia and it has problems over there? Is it because it field — to run the facility. The third thing the Kennett is close to New South Wales and it has problems up government got wrong was the technology. The reason there? Is that the real purpose for the choice of this my community won the fight against the toxic waste location, right in the intersection of these three states? dump in Werribee is that the Kennett government chose the wrong company and the wrong site and delivered The member for Mildura talked about the display of the the wrong technology. This government learnt those Food Bowl Alliance. It was a great display, and I lessons. We will secure the correct site, the best congratulate the people who made the effort to come to company and the best technology. We learnt the Melbourne to highlight the importance of agriculture lessons; the mob on the other side of the house — the and the Food Bowl Alliance work that they are doing. vast majority of whom were not even there during the He spoke about this government’s promise of passenger period — have not. They are about to watch and learn rail. It was also a promise that the member for Mildura from us about how you do this process properly. It is made — that he would get this government to come painful. It is one of the most difficult issues a forward with a passenger line — but it has not government can deal with, but I know that the happened. He said the National Party was not government will do it to the best of its ability. It has cooperative. I can assure him that we were cooperative. nothing to do with the process the Kennett government went through. Members opposite should remember When this government was elected it looked at setting what it did to the community of Werribee. up a hazardous waste containment advisory committee, and we nominated the Honourable Peter Hall from the Mr DELAHUNTY (Lowan) — I rise on behalf of other place for that committee. We were prepared to be the Lowan electorate to support the matter of public involved in this, because we knew it was an issue for all importance: Victorians. We wanted to treat it in a bipartisan or tripartisan way and not politicise it. Which organisation That this house condemns the government for its nomination politicised the process? The Labor government — and of Hattah-Nowingi as the site for the proposed toxic waste the then Minister for Major Projects — politicised it. dump and for its deceitful and misleading conduct in reaching that decision. That is why we have the situation we have today. If there had been some cooperation between all the The government has not only been deceitful and parties, I think we would have had a better outcome. misleading to Victorians on this topic, but has also been treating country Victorians very shabbily and The member for Mildura spoke about what the arrogantly. It has a total disregard for the value of government should have learnt. It has learnt nothing — production and economic growth to country Victoria. I think that has been highlighted by the member for Tarneit. The member for Carrum chairs the It is amazing that the member for Tarneit was the last Environment and Natural Resources Committee. I am member to speak, and also that we have not heard one amazed that she has not raised concerns on behalf of country Labor member speak — not one! The member the committee. She spoke about the good work being for Tarneit referred to ‘what we have learnt’. If the done by the government. The reality is that it is not government has learnt something, it is amazing the doing good work in relation to national parks. They are mistakes it has made. The member for Footscray spoke not being managed, and we know that people in the about the environment effects statement (EES) process. community are worried about weeds and vermin I do not think there is an EES process going on at all. coming out of them. MATTER OF PUBLIC IMPORTANCE.

Wednesday, 10 November 2004 ASSEMBLY 1387

Finally, it is interesting that the member for Tarneit said Ms Beattie interjected. that we were told — that we knew what was going on. The way she spoke, I thought that she, rather than the Mr DELAHUNTY — The member for Yuroke member for Footscray, should have been chair of the wants me to go on, but following the advice from the Hazardous Waste Siting Advisory Committee. If its Acting Speaker I will not. The government has been process is so good, why has the government got it very deceitful and misleading in the way it has wrong on four occasions? It selected a site in a flood managed the state. The reality is that its income has plain, and the two other sites that were picked were also gone up by 21 per cent in five years. In that period one in wrong locations. The member for Ripon is back in would have thought it would have been able to do more the chamber. I am amazed that he has not made some things, particularly for country Victorians. Do members comment on the siting of it in his electorate. The know why the government cannot do that? Because government has got it wrong three times — it admitted expenditure has gone up 35 per cent — — that. If it is so good and has learnt so much, why has it made mistakes on four occasions? Dr Sykes — How much?

The government has shown in this process that it has no Mr DELAHUNTY — Thirty five per cent. It shows respect for the importance of north-west Victoria, that the government cannot manage money and it particularly as one of the great food producing areas. cannot manage the state, and that is why it should not The government is now trying to bribe the Mildura be in government. That is why this motion highlights Rural City Council to lie down on this issue, as has how deceitful and misleading it has been in relation to been highlighted by the member for Swan Hill. The the toxic waste dump. reality is that what has happened here today — and a lot This government has no credibility when it comes to of other things — shows that the city-centric Bracks finding a site for toxic waste, and I have a list of the Labor government has no credibility. time lines for finding a site. Back in 1996 a former I pride myself on the fact that I have credibility, but this planning minister highlighted a need for a toxic waste government has no credibility, particularly on the siting facility and was prepared to go through an environment of this toxic waste dump. It has no credibility on the effects statement process to find it. In 1999 Werribee Scoresby freeway — or the Scoresby tollway, as it is was ruled out because of that process. In early 1999 the now known. It even had a contract with the Deputy Kennett government set up the Hazardous Waste Prime Minister, John Anderson, but it screwed that up Consultative Committee, but as members know there straight after the state election. It has no credibility in was a state election and that changed. The Labor relation to standardised rail or the $80 car registration government, which belted hell out of the previous fee for pensioners, health care card holders and government, had a problem on its hands. What was it veterans. It has no credibility in relation to multipurpose going to do about a problem that we all agreed we taxi limits or in the way it has dealt with kindergartens. have?

Ms Beattie — On a point of order, Acting Speaker, The government set up a hazardous waste advisory the member for Lowan is talking about matters far committee under the then environment minister, away from the matter of public importance, and I ask Minister Garbutt. It had its first meeting in early 2001, you to call him back to it. and The Nationals nominated the Honourable Peter Hall in the other place as their representative because The ACTING SPEAKER (Mr Cooper) — Order! they were prepared to be involved. We knew that a The matter of public importance talks about deceitful problem had been highlighted and we needed to find a and misleading conduct. I believe the member for site. But back on 4 April 2001 the major projects Lowan is trying to make a point in regard to credibility. minister politicised the process, so The Nationals said, I am sure he is coming to the end of making that point ‘If you want to play it that way, we are not going to be and will get back to the matter before us. involved with you. We had wanted to work with you and with the community to find a site’. Mr DELAHUNTY — Thank you for that advice, Acting Speaker. I know when I have hit a nerve; I am On 2 November 2001 a book was launched really showing up the government’s credibility. It highlighting the Werribee community’s battle against highlights the fact that it has no credibility and has been the former Kennett government’s plans for a toxic very deceitful and misleading. I have a list pages long waste dump in Werribee. I am sure a book will be about tenancy advice services, speed cameras and the written talking about north-west Victoria and the management of national parks, and I could go on. Sunraysia area. It will be a similar book because of the STATEMENTS ON REPORTS

1388 ASSEMBLY Wednesday, 10 November 2004 passion of the people who made the effort to drive all bills in the Scrutiny of Acts and Regulations Committee the way down here in one day to rally on the steps of digests. Parliament House and present a petition. As the member for Benalla said, a far greater percentage of Ms D’AMBROSIO — The acts I wish to comment people came down here for that than were involved on are the Maintenance Act 1965, the Marriage with the Werribee process. Act 1958 and the Perpetuities and Accumulations Act 1968. On 12 November 2003 the government, which bragged that it had learnt a lot, announced three sites for the As the house is aware, the committee has a reference to proposed toxic dump. Following community anger, it review redundant and unclear legislation; hence the dumped those sites, one of which was on a flood plain. work of the committee with respect to these acts. The How come the government got it so wrong when it said acts are either redundant or of such a specialised nature it had learnt so much? The presentations particularly as not to have drawn much interest from the broader from this side of the house have highlighted the fact public, and on this occasion the reviews did not that this government should be condemned for its produce any real public excitement in a policy sense. nomination of Hattah-Nowingi as a site for the proposed toxic waste dump and for its deceitful and Of all the committee’s recommendations I wish to misleading conduct in reaching that decision. comment on the following. The committee has recommended that the Maintenance Act be repealed The ACTING SPEAKER (Mr Cooper) — Order! because it is essentially redundant and has been The member for Ripon has 30 seconds. superseded by federal laws, including the Family Law Act 1975. A savings clause preserving any orders made Mr HELPER (Ripon) — In the time available to under the Maintenance Act is also recommended. me I wish to join the debate to set straight something that the member for South-West Coast got absolutely The Marriage Act has gone a similar way to the and totally wrong. In his presentation he criticised the Maintenance Act in becoming essentially redundant Minister for Planning on the basis that she had ridden due to the introduction of federal laws. However, it roughshod over the local planning scheme, when in retains provisions pertaining to the guardianship and reality this is a project of state significance and custody of minors, which it is recommended should be ministers for planning have been — — transferred to the Children and Young Persons Act. The committee points out in its report that section 159(3) of The ACTING SPEAKER (Mr Cooper) — Order! the act on the effect of divorce on wills is inconsistent The member’s time has expired, and the time for with section 14 of the Wills Act 1997 and needs to be discussing the matter of public importance has addressed by the government, and that subject to this concluded. inconsistency being resolved, the section be transferred to the intestacy provisions of the Administration and Probate Act 1958. STATEMENTS ON REPORTS I also wish to comment on the Perpetuities and Scrutiny of Acts and Regulations Committee: Accumulations Act. The committee has recommended redundant and unclear legislation that the rule against perpetuities needs to be retained. It has made a number of other comments on the Ms D’AMBROSIO (Mill Park) — As the chair of possibility of a more law-reform-oriented review of this the Scrutiny of Acts and Regulations Committee I wish act. to comment on the recently tabled committee report concerning three acts of Parliament — the Maintenance I would like to thank the consultants who assisted the Act 1965, the Marriage Act 1958 — — committee with the report, including Mr Michael Magazanik, Dr David Blumenthal and the staff and Dr Napthine — On a point of order, Deputy members of the subcommittee. I also thank the member Speaker, I seek your advice. It is my understanding that for Sandringham, who chaired the subcommittee. Scrutiny of Acts and Regulations Committee reports are not eligible to be discussed during this statements Public Accounts and Estimates Committee: on reports process. budget outcomes 2002–03 and 2003–04

The ACTING SPEAKER (Mr Cooper) — Order! Ms ASHER (Brighton) — I wish to comment on the The only matters that are not available for commentary Public Accounts and Estimates Committee (PAEC) in this part of the parliamentary proceedings are the STATEMENTS ON REPORTS

Wednesday, 10 November 2004 ASSEMBLY 1389 reports on the 2002–03 and 2003–04 budget outcomes. himself has advised the committee that there was a I note that at page 256 of the 2002–03 budget outcomes delay in completion of that project. report the committee makes the observation in relation to infrastructure investment that actual expenditure in I move to the synchrotron. The minister advised the 2002–03 was $411 million, 26.3 per cent lower than PAEC that the revised total cost had gone up. Again the expected. I make the broad point that when aggregate spokesperson might like to consult with the minister expenditure is lower it therefore follows logically that because he clearly gave factual information to the some individual projects lag in terms of completion. I PAEC, which has published its report for the noted yesterday in relation to these issues that a Parliament, but that is not the information that the spokesperson for the Minister for Major Projects said to spokesperson is issuing to the public and the media. On the Herald Sun that the majority of projects are the Austin and Repatriation Medical Centre delivered on time and on budget. redevelopment, again there is another acknowledgment of cost increases, with an extraordinary quote from the That particular spokesperson lives in fantasyland, and I minister about ‘abnormal market costs associated with suggest that they read the Public Accounts and price escalation’. That is an extraordinary explanation Estimates Committee’s reports on the budget outcomes of what is actually stated as ‘I’ve blown the budget’. for 2002–03 and 2003–04. The members of the PAEC know that the majority of major projects handled by I move to the hazardous waste soil recycling facility this government are not delivered on time and on and the long-term containment facility, about which the budget. house has just had a debate. No information was provided on that project. The timetable for that has, of I refer the house specifically to a summary of course, blown out considerably. significant major projects as at 30 June 2003, exhibit 6.8, which lists 18 projects. I note as an aside The comment on the showgrounds development that the Minister for Major Projects is so desperate to obviously shows the minister’s thinking on the issue — increase the number of major projects that he has listed ‘on budget at this stage’. That is an amazing little the merger of the Urban and Regional Land confession by the Minister for Major Projects to the Corporation and the Docklands Authority as a major PAEC. He was covering all bases there — because project — but I will leave that aside as it is not my most of the major projects this government has handled point. I refer to the delays and the budget blow-outs of have, of course, been on time and on budget. Again, major projects as provided in evidence by the Minister with the State Library, ‘budget increases’ were referred for Major Projects to the Public Accounts and to before the PAEC. Estimates Committee and included in its 2003–04 report. I advise the spokesperson for the Minister for Major Projects, who made the extraordinary claim reported in The first project I single out is the Docklands film and the Herald Sun yesterday that most projects are on time TV studios. Interestingly when those studios opened the and on budget, that that person should consult the Treasurer issued a press release saying they were ahead written material provided by the minister. of schedule. I note that the minister has supplied information to the Public Accounts and Estimates Public Accounts and Estimates Committee: Committee referring to a ‘time delay’. Indeed as you Auditor-General — rural ambulance services work your way through the projects you see that Mr DELAHUNTY (Lowan) — I rise to speak on likewise for Federation Square the minister has referred the Public Accounts and Estimates Committee report to ‘delays’, which everyone is familiar with. Again with tabled today entitled Report on the Review of the the National Gallery of Victoria redevelopment, the Auditor-General’s Special Report No. 51 — Victorian minister told the Public Accounts and Estimates Rural Ambulance Services: Fulfilling a Vital Committee that there was a: Community Need. I note from the comments in the … time delay due to project brief changes by the then new chair’s introduction that: NGV director — increase in exhibition and display areas. The most important performance indicator for any ambulance Whether we agree with the minister’s reason for the service is how quickly it responds to an incident and places time delay is one thing, but for the edification of the the patient in the care of skilled ambulance officers. spokesperson for the Minister for Major Projects who I highlight a problem that has taken many years to says that those projects are delivered on time and on solve. In 2002 I raised on behalf of the Stawell budget, it can be seen here that again the minister community the need for increased paramedics. That STATEMENTS ON REPORTS

1390 ASSEMBLY Wednesday, 10 November 2004 matter was raised with me by members of that to bring people to hospitals and other emergency community, including the council. I was presented with service providers. In the future, given the way the a petition with 2166 names on it, addressed to the government is treating us, we in north-west Victoria Minister for Health and calling for two ambulance will have birthing services only in places like Horsham, paramedics to staff all ambulance cases in Stawell and Swan Hill and Mildura. So a large area of north-west the surrounding district. I used to represent that area Victoria will need appropriate ambulance services. and still represent a fair part of the area covered by the Grampians, which, as members know, is one of the We also have a major highway, the Western Highway, most popular tourist attractions in Victoria. Because of going through the area and the Grampians National the high number of accidents that require emergency Park and other national parks where there is a lot of services, it was important that the government assign rock climbing, including Mount Arapiles. That is why, two paramedics to ambulances in that area. I understand as is referred to in the reference in the report to an that has happened in only the last couple of days. Again infrastructure program, it is important that we get that that shows just how slow and inactive the government emergency services helicopter. can be at times, particularly in dealing with the safety of people in communities in country Victoria. In the couple of minutes I have, I want to finish by quoting from an article in the Hamilton Spectator of I refer to page 15, where the infrastructure program is 6 November, headed ‘“Stalling” may jeopardise rescue referred to in the following terms: chopper proposal’:

The Auditor-General’s report identified a range of problems State government stalling could cost the south-west a rescue associated with the ageing infrastructure. helicopter, WestVic Helicopter chairman, John Robinson, claims. The issue I want to talk about is the concern in western Victoria about a rural ambulance helicopter service. The article reports him as saying about his team: Every other area of Victoria is covered by that type of Our proposed partnership between Woodside Energy, service. I know that the member for South-West Coast government and the community secured a record $20 million has been beating the drum on this for many years. I to support the project. have many letters of support for that that I want to refer No other part of Victoria has done that. The article goes to on behalf of the community I represent, which is also a large part of western Victoria. The chair of the on: Southern Grampians Local Safety Committee wrote to The business case met all of the Premier’s requirements and me, talking about the longstanding effort to obtain the was put to government in February 2004. services of a rescue helicopter for the region. The secretary of the North West Municipalities Association At this stage we still have had no response. The reality has written to me and to the government on this matter. is that we are in danger of losing the $20 million, solely The Ararat Rural City Council has raised with me and because of the government’s inaction. This report again the government the supply of an emergency services highlights the need for infrastructure. There are many helicopter, particularly for ambulance services in other things in that report, including Rural Ambulance western Victoria. Again the government has been Victoria finalising a work force plan as a priority. I am treading water on this matter, and it can only be hoped pleased on behalf of the Lowan electorate to speak on that this report will bring it further to the government’s the needs for western Victoria. attention. Public Accounts and Estimates Committee: I refer to an article in today’s Weekly Times headed Auditor-General — rural ambulance services ‘Birthing units close’, which quotes the Rural Doctors Association of Victoria and states: Dr NAPTHINE (South-West Coast) — I also wish to speak on the Public Accounts and Estimates Country mums are travelling further to give birth as maternity Committee report entitled Report on the Review of the wards continue to close across Victoria. Auditor-General’s Special Report No. 51 — Victorian … Rural Ambulance Services: Fulfilling a Vital Community Need. I begin by quoting the chairperson’s RDAV president Dr Mike Moynihan said rural Victoria had lost 30 birthing units since 1997 and could not afford to lose introduction: any more. The most important performance indicator for any ambulance That is true — and if we are going to lose them we need service is how quickly it responds to an incident and places the patient in the care of skilled ambulance officers. For the to make sure that we have the best emergency services STATEMENTS ON REPORTS

Wednesday, 10 November 2004 ASSEMBLY 1391

1.3 million people who live in rural, regional and remote You will appreciate that the government needs to make a areas of Victoria, it is essential for their quality of life to have fully informed assessment of this proposal before it makes access to an efficient ambulance service. any operational commitments … I say, ‘Hear, hear’ to that. I refer to recommendation 15, There are people literally dying while this government which is: procrastinates. People are dying while they are waiting for this service to be provided. A sound business case Rural Ambulance Victoria consider developing targets for has been put forward, considerable funding has been activation and response times, taking into account geographical locations and population density in districts. provided in the way of assistance from Woodside Energy, and the government has had this on its agenda It is important that we have proper analysis of how long and on its plate for its consideration for months and it takes for ambulance services to be provided. In even years. It is now time for a decision because if we country Victoria we do not expect an ambulance station are going to deliver on the sorts of recommendations in on every corner because we know that we live in areas this report in terms of providing lifesaving minutes, of less dense population and that the cost of delivering saving lives and providing an efficient ambulance those services is often significantly higher than in other service in country Victoria, then that is an essential areas. But we do need ambulance services that take component of it. advantage of the most modern technology and equipment to provide a rapid response in an emergency. Finally, I will refer to recommendation 20, which On page 65 the report says of Rural Ambulance recommends that: Victoria: The government undertake a feasibility study into the benefits On average, 14 per cent of RAV’s responses take longer than and disadvantages of an amalgamation between Rural 20 minutes. Ambulance Victoria and the Metropolitan Ambulance Service. I draw attention to comments made by the Minister for I will offer a very strong word of caution from country Health in this house on 12 October, when she said: Victoria with regard to that proposed amalgamation: In trauma care time is critical — every single minute can be Rural Ambulance Victoria does a great job with limited vital to critically injured patients. resources, but the last thing we need is Rural Ambulance Victoria dominated by the That is the case whether the person is injured in a motor union-dominated people who run the Metropolitan vehicle or workplace accident or while out walking or Ambulance Service. hiking, or is seriously ill. Public Accounts and Estimates Committee: One of the best ways that can be delivered in country Auditor-General — rural ambulance services Victoria is by having an air ambulance service with locally based helicopters. Locally based helicopters Ms CAMPBELL (Pascoe Vale) — I rise to also provide the most efficient way to get to trauma sites and speak on the Public Accounts and Estimates Committee to get seriously ill people collected from their local report on the review of the Auditor-General’s special community and taken to major metropolitan trauma report no. 51. At the outset I want to acknowledge the hospitals as quickly as possible. The Premier himself work of members of PAEC, particularly the work of agrees with that. When he was asked in 2000 about the Trevor Wood. The work that has progressed since the need for a south-west multipurpose helicopter that 1997 Auditor-General’s report on ambulance services could perform this role, he said: has been substantial. A 10-year plan has been put into There is a need; there is no question about that. place, and 80 per cent of that plan has been implemented. Eighty per cent of a 10-year plan has What we have had since then is continued been achieved in significantly less time than most procrastination and delays with regard to the provision people here would expect. of a multipurpose emergency helicopter for south-west Victoria based in Warrnambool that can fulfil those I want to highlight two components of this report in the needs. I have raised the matter a number of times in this brief time available. Firstly, I acknowledge the house. I refer to a letter that I received on 14 April 2004 wonderful work that has been done since that 1997 from the Premier. It says: report. Secondly, I note that the computer dispatch system that has been highlighted in this report would do … Woodside approached the government regarding an two things: it would assist in removing what we see as emergency services helicopter in the west/south-west of some unnecessary costs, and very significantly we see it Victoria. as having great advantage in terms of a management QUESTIONS WITHOUT NOTICE

1392 ASSEMBLY Wednesday, 10 November 2004 tool in assisting the dispatch of ambulances. The Go for Your Life campaign computer-aided dispatch system is a proven technology both for patients and as management tool. Ms LINDELL (Carrum) — My question is to the Premier. Can the Premier outline to the house how the As was referred to briefly by the previous speaker, there government’s Go for Your Life campaign will promote may be a possible amalgamation, and a feasibility study a healthier and happier lifestyle for all Victorians and is to be done in relation to that. I highlight that this their families? report says that such an amalgamation would be dependent on proof — and I underline proof — that it Mr BRACKS (Premier) — I thank the member would lead to a more effective, efficient and very much for the question. I was pleased to release economical use of resources, especially in terms of today a new campaign to encourage a fitter and response times outside the metropolitan area. healthier Victorian community into the future. Many members of this house would remember that the ‘Life. Sitting suspended 12.59 p.m. until 2.02 p.m. Be in it.’ campaign was a successfully run campaign with the iconic Norm as a person who stimulated Business interrupted pursuant to standing orders. people to get up, to be active, to be involved, to think about their fitness and to think about how they should The SPEAKER — Order! Just before we start improve themselves and their health. It is interesting to question time, we have had some trouble with members note that we still remember that campaign today, when in the back row being able to hear. One of the problems it is 20 to 30 years old. is that if members put the arm of the chair between them and the next person up, that blocks the speaker What I have announced today is a new campaign to totally. If members can keep their arm rests down, we replace the ‘Life. Be in it.’ campaign. As has been will see if that helps. mentioned, it is the Go for Your Life campaign, and it was launched today by me, the Deputy Premier, the Minister for Education and Training, the Minister for QUESTIONS WITHOUT NOTICE Sport and Recreation in the other place and other key Rural Ambulance Victoria: computer-aided ministers who will be involved. We want to ensure we dispatch system build on the efforts made in the ‘Life. Be in it.’ campaign and take it even further to include practical Dr NAPTHINE (South-West Coast) — My suggestions and examples of how people can get question without notice is to the Premier. I refer the involved and be active in their communities, how they Premier to the Public Accounts and Estimates can get information on healthy lifestyles and healthy Committee report into Victorian rural ambulance eating and how they can be involved in the many things services, which highlighted that this is the only available for people to have recreational and sporting ambulance service in Australia not to have a experiences in. The Go for Your Life campaign is a computer-aided dispatch system, despite the $22 million campaign that is aimed at all Victorians to Auditor-General’s earlier warnings. Will the ensure they stay healthier, live longer and eat better. government immediately provide funding for such a We have some significant and profound problems. The system, or will the safety of country Victorians average Victorian is more likely to be overweight and continue to be compromised? less fit than their counterpart of some 30 years ago. Mr BRACKS (Premier) — I thank the member for That is a disturbing fact. South-West Coast for his question. Rural Ambulance Honourable members interjecting. Victoria does not have a computer-aided dispatch system because the previous government, of which this Mr BRACKS — Apparently — it is not true, by the member was a part, did not provide one. I can say to the way. Regrettably 60 per cent of adults are either member that we will do what the previous government overweight or obese. Disturbingly this is also an issue could not do. We have already provided $5 million as for young people in Victoria, with 40 per cent of young an initial payment for that, and we will provide the rest people under the age of 14 doing no sport at all after of the money for it in the future. We will do what you school or on weekends. That is a disturbing trend, and it did not do! is one we need to turn around. Unhealthy lifestyles lead to higher rates of sickness and disease — more cases of diabetes, high blood pressure, high cholesterol and heart attacks. We must ensure that we do everything QUESTIONS WITHOUT NOTICE

Wednesday, 10 November 2004 ASSEMBLY 1393 possible to equip Victorians with what they need to be provision. In fact we pay at a higher rate than we pay healthier and fitter in the future. for other VET provision. We are doing our bit, and it would be terrific if the Leader of The Nationals would Significant portfolios will be incorporated into the Go join us properly and apply to the federal government for for Your Life campaign, including the portfolios of regional higher education places. We have done our bit health, sport and recreation, community building, for regional VET places; we expect the federal seniors and education. Of the $22 million allocated to government to do the same for the higher education the campaign, $10 million will be designated to prevent places. obesity and diabetes in particular. In addition, $10 million will be earmarked to promote physical Go for Your Life campaign activity and $1.9 million will be earmarked for senior Victorians to be involved, to become fitter and healthier Ms BEATTIE (Yuroke) — My question without and to live longer. notice is to the Minister for Education and Training, and I ask: can the minister outline to the house how the Advertisements will go to air starting this Friday on government’s Go for Your Life campaign will provide television, billboards and radio. A web site will be up effective support to the education of children in healthy today informing Victorians of the many things they can eating and living? be involved in. People will be able to access information on swimming pools, walks, markets and Ms KOSKY (Minister for Education and other things which exist in Victoria through this Training) — I thank the member for Yuroke for her comprehensive web site. There are practical and simple question and her interest in this issue. I was very suggestions on how people can get involved. It is time pleased to be with the Premier and other ministerial for a new campaign. It is time to recognise that we are colleagues this morning to be involved in the Go for less healthy now than people were some 30 years ago. Your Life launch. It was conducted with children from It is time to effectively go for your life. one of our fantastic government schools. It is a coordinated government effort to promote healthy Tertiary education and training: regional living, physical activity and healthy eating and to just agricultural campuses encourage Victorians to be more active than they are at the moment. We know we have to do this; we know we Mr RYAN (Leader of The Nationals) — My need new and different strategies to encourage all question is to the Minister for Education and Training. Victorians, including children, to be more physically Given that regional TAFE institutes are paid a funding active and to be eating in better ways. differential of 30 cents per student contact hour for the vocational education and training courses they deliver, The earlier we start to educate our children and our will the government provide the same funding to community, the greater chance we have to influence Melbourne University, which delivers the very same and establish healthy life practices such as being courses at its regional campuses? physically active and good eating. If we educate children, it has a flow-on effect to families. We are very Ms KOSKY (Minister for Education and committed to making sure we involve our schools and Training) — I thank the Leader of The Nationals for schoolchildren in the Go for Your Life launch. We have this question because if he thought back very far he a whole range of different strategies and initiatives to would remember in fact it was the previous Kennett do that within our schools which I would like to outline government that got rid of the regional funding to the house. differential. We mandate sport and physical education in our Honourable members interjecting. government schools. Indeed we are the only state to mandate hours on sport and physical education. We are Ms KOSKY — You did; I am afraid you did. After looking at strengthening the focus on physical activity listening to all of the regional communities complaining right across our curriculum through the introduction about the need for extra funding, we provided as an later this month of the essential learning standards. election commitment and delivered the regional Essential means essential! funding differential to our regional TAFE institutes in our very first budget. We reintroduced that. The In fact we are making these standards essential right regional TAFE institutes were very pleased. We across all sectors of schools — government and provide $8.7 million to Melbourne University for non-government schools. It is the first time that has regional vocational education and training (VET) ever been done in Victoria. There will be standards that QUESTIONS WITHOUT NOTICE

1394 ASSEMBLY Wednesday, 10 November 2004 have to be met by all schools in delivering this. It will Mr BATCHELOR — The Leader of the not just be a sports or physical education teacher who Opposition may want to run down the show, but we on has responsibility for physical activity; it will be all this side of the house think the show is important. We teachers who have this responsibility. We also have the have set up a joint venture company with the Royal Walk a K a Day program, something that members in Agricultural Society of Victoria. We have formed a this house would do well to implement in their daily partnership, and the government and the society are schedule. It is a walking program for the entire school both contributing to the outcome of this process. community, including staff, students and parents. Tenders have been called for and are being evaluated. We have contributed part of that money, firstly, to the We also introduced as part of our facilities planning — evaluation process to date; but secondly, if members we were the first government to do this; the previous from the opposition had actually supported the show government did not have this — competition-standard and been out to the showgrounds, they would have seen basketball gymnasiums for larger schools and new some of the physical changes that have been taking schools so that they can have their facilities upgraded place. and the community can use them outside school hours. We have partnership programs with football clubs. We Honourable members interjecting. have a smart eating program. We have a healthy eating canteen policy, and many canteens around the state are Mr BATCHELOR — This sort of question just now changing the food available for students. There are demonstrates how removed the Liberal Party is from guidelines for school canteens and promotional material supporting the Royal Agricultural Show and the and — — contribution that has been made from that money to progress the project in terms of both getting it to the Mr Ryan — On a point of order, Speaker, at the risk tender process and also addressing the facilities there of being churlish, the minister has been speaking for that are currently being upgraded. more than 4 minutes and I would ask you to have her conclude her answer. Go for Your Life campaign

The SPEAKER — Order! The minister has been Mr CRUTCHFIELD (South Barwon) — My speaking for more than 4 minutes and I ask her to question is for the Minister for Health. Can the minister conclude her answer. outline to the house what impact the government’s Go for Your Life campaign will have on the prevention of Ms KOSKY — This is a very serious issue and we obesity and diabetes and other life-threatening health are very committed to making sure our schools are part conditions? of the Go for Your Life campaign. We know if we educate children well in the early years, that will flow Ms PIKE (Minister for Health) — I thank the on in their later life and for their families. The Bracks member for his question. We know that getting more government message is very clear: get active, eat exercise and eating healthier food can help in reducing healthy food and be involved in the community. It is a obesity and type 2 diabetes. These two things are great recipe for life. costing the community around $840 million every year. Melbourne showgrounds: redevelopment Honourable members interjecting.

Ms ASHER (Brighton) — My question is to the The SPEAKER — Order! I ask members over in Minister for Major Projects. Given that budget that corner to be a little more respectful of members on information paper 1 for 2004–05 shows that their feet. approximately 10 per cent of the $101 million on the showgrounds redevelopment project has been spent Ms PIKE — The rapid increase in obesity, already, but the successful tenderer has not even been especially childhood obesity, is very concerning for the announced, could the minister advise on what the whole community, and it is one of the most important money has been spent? public health challenges that we are facing here in Australia and in many other places around the world. Mr BATCHELOR (Minister for Major Projects) — The showgrounds redevelopment is a $101 million According to figures from the Department of Human initiative by this government to save the show. The Services, over the last five years Australians have been Royal Melbourne Show is a great icon. getting heavier at a rate of 1.6 kilograms for men and 2.4 kilograms for women. To express that more Mr Doyle interjected. graphically, that is equivalent to two tubs of margarine QUESTIONS WITHOUT NOTICE

Wednesday, 10 November 2004 ASSEMBLY 1395 for men and about five tubs of margarine for women, so supplied in the exercise of government authority. If it is not a very pretty sight — and not a very pretty there were to be a — — analogy. Advice from the Department of Human Services is that obesity will increase to 50 per cent by Mr Smith interjected. the year 2016. The SPEAKER — Order! The member for Bass! We know that children who are obese have a 25 to 50 per cent chance of becoming obese adults, and obese Mr BRACKS — If there were to be a restriction, it adolescents have up to a 78 per cent chance of would of course also restrict those states in the United becoming obese adults. Obesity is linked to premature States of America that also have significant water death, type 2 diabetes, heart disease, stroke, projects. For example, California and Texas, which hypertension, some cancers, sleep apnoea and other have their own incentives, their own systems in place conditions. Those are the physical conditions, and we and their own government procurements of water also know that psychological and psychiatric problems projects to assist certain sections of their community, can develop from many years of obesity. I guess the have therefore been excluded from the agreement. That most concerning issue is the rise in type 2 diabetes. We was undertaken in the negotiations with United States know now that children as young as 12 years old are trade commissioner Robert Zoellick at the time when being diagnosed with type 2 diabetes, which is a very he was briefed on those matters. concerning fact. I am very confident from the information I have This government is showing leadership in spearheading received in the briefings to date that there are no this very intensive public awareness campaign to get restrictions on water projects in Victoria in relation to Victorians off the couch and become more active. Of the free trade agreement — nor is there for any other course it is linked to a whole range of other programs to state in Australia, nor is there for the commonwealth, create a healthier environment in our community. As which has entered into the national water initiative and part of the $22 million strategy which the Premier the Living Murray initiative on the same independent outlined before, the health portfolio is investing basis as the government has been excluded from those $10 million to start this very important work of arrangements. preventing obesity and diabetes in Victoria. There are Go for Your Life campaign programs in schools, child-care centres and kindergartens, and we are focusing on prevention and Mr JENKINS (Morwell) — My question is to the early intervention, because we want to reduce the rate Minister for Victorian Communities. of obesity, heart disease and type 2 diabetes. Mr Smith interjected. Whether you walk, crunch on a healthy snack, get off the tram a stop earlier or do other things in your daily The SPEAKER — Order! Will the member for life like walking your dog in a park, it is about creating Bass cease interjecting in that manner! The member for a new state of mind and about opening our minds and Morwell, to start again. our consciousness to doing things a little differently. Mr JENKINS — My question is to the Minister for Water: free trade agreement Victorian Communities. Can the minister outline to the house how the government’s volunteering initiatives Mr INGRAM (Gippsland East) — My question is will support the promotion of a happier and healthier for the Premier. Does the state government support the lifestyle for Victorians, as announced in the provisions contained in the Australia–United States free government’s Go for Your Life campaign? trade agreement that will give compensation rights to American investors above those provided to Australian Mr THWAITES (Minister for Victorian farmers for any state-imposed restrictions on access to Communities) — I thank the member for his question. I water? know he is very interested in being active and healthy, and in volunteering. The Go for Your Life program is Mr BRACKS (Premier) — I thank the member for going to be great. It is going to be great for the member Gippsland East for his question. I know that the for Morwell, it is going to be great for Victorians, and it provision of government services was explicitly is going to be great for volunteers. This program will excluded from the Australia–United States free trade encourage more people to be volunteers right around agreement. In fact there is a clause in that agreement the state. People will be able to go to the web site or the which contains explicit exemptions for services QUESTIONS WITHOUT NOTICE

1396 ASSEMBLY Wednesday, 10 November 2004 help line to assist them to find opportunities for dated 27 March 2003 between VicRoads and the volunteering. insolvent Poltech International, which was subsequently transferred to Axent Holdings Pty Ltd, for It is an appropriate day to be encouraging volunteering the provision of speed cameras for the West Gate because we are remembering and celebrating the life of Bridge and I ask: did the minister carry out due Dame Phyllis Frost, who was probably Victoria’s diligence checks on Poltech International or Axent leading volunteer over many years. It is fair to say that Holdings Pty Ltd, and was Poltech paid over $1 million none of us would have any hope at all of emulating the in advance for speed camera equipment that was not extent and range of her volunteering activities in some installed? 50 different organisations — quite extraordinary! Nevertheless, we can be inspired to have a go. That is Mr BATCHELOR (Minister for Transport) — The what Dame Phyllis Frost’s life was all about, and it is issue raised here by the member for Polwarth relates to also what the Go for Your Life campaign is about. cameras proposed to be installed on the West Gate Bridge. I will have those matters checked and get back We know from British and Australian research that to the member. people who volunteer have a higher sense of wellbeing, and there is some research that indicates that people Victorian Competition and Efficiency even live longer if they volunteer. That is why the Commission: building industry government has committed, through the Department for Victorian Communities, $21 million for a volunteering Mr STENSHOLT (Burwood) — My question is strategy for the next three years. I am assisted in that for the Treasurer. Can the Treasurer update the house magnificent project by the Parliamentary Secretary for on any recent developments in the Victorian Victorian Communities, Mr Hong Lim, the member for Competition and Efficiency Commission? Clayton. Of the funding for this strategy, $3 million will go towards small grants for volunteer Mr BRUMBY (Treasurer) — I thank the member organisations. This will encourage those organisations for Burwood for his question. I respond firstly by to reach out to people who have not traditionally been saying more generally on the economy and more volunteers. This means that people from different generally on our building and construction industry that cultural backgrounds, people with different abilities, we have now had 32 consecutive months of building and people of different ages will be given the approvals worth $1 billion plus. Victoria now accounts opportunity of volunteering. for 29 per cent of total Australian private housing approvals. It is important as we go forward that we These small grants of up to $5000 have already been continue with that impressive record and get the policy very successful. Three examples include funding to a settings right. In that context, in the April economic cricket club — from recollection, in Box Hill — which statement the government announced the establishment is going to take on equipment that will help people with of the Victorian Competition and Efficiency disabilities to become volunteers in that organisation; to Commission. Shortly after the establishment of that a community radio station to get young people involved body the government put in place the first inquiry, in community radio; and an initiative to provide which was on regulatory impediments to regional excursions around Melbourne for newly arrived economic development. Eight public hearings across Cambodian migrants to help them learn about regional Victoria have been conducted, something like Melbourne and where to get involved. 50 written submissions have been received, and a draft report is due for release and public comment within a This whole program is all about getting involved few months. physically, and getting involved in your community. The ‘Life. Be in it.’ campaign was a memorable I am pleased to announce that the Victorian campaign, but it focused on physical activity — or Competition and Efficiency Commission is today rather inactivity. This campaign is broader than the commencing its second inquiry. This is a review of ‘Life. Be in it.’ campaign. It tries to encourage people Victoria’s regulation of the housing construction sector. not only to get physically active but to get active in VCEC’s inquiry will look at a range of issues including their communities. regulations covering the approval, design, building and maintenance of housing; relevant permits, licences and Speed cameras: West Gate Bridge fees issued by Victorian regulatory bodies; and ways to improve development, administration and enforcement Mr MULDER (Polwarth) — My question is to the in the sector. An issues paper will be released before the Minister for Transport. I refer the minister to a contract end of the year, with a draft report in June 2005. MINISTERIAL STATEMENT

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I am also pleased to announce the appointment of two The youngest of those veterans is just 22 years old, but commissioners to VCEC. They are Ms Alice Williams overwhelmingly our veteran community is an ageing and Mr Robert Kerr. Ms Williams has held senior community with an average age now of 76 years. positions in a range of non-executive and consulting roles in the private and public sector. Mr Kerr formerly But before I detail what our government is doing to headed the Productivity Commission secretariat, and support and honour these veterans, I would like to brings more than 20 years of experience as a senior speak briefly about the 2000 Australian Defence Force executive. They both bring with them a wealth of personnel currently deployed to more than public and private sector experience and their skills will 10 operations around the globe, because these are our add enormously to the competition commission. next generation of veterans, serving in places like:

I should conclude by saying that under the Bracks Iraq, government Victoria has been the nation’s leader in Afghanistan, delivering competition policy. This has been a matter remarked upon by the National Competition Council on East Timor, a number of occasions. The establishment of the the Solomon Islands, Victorian Competition and Efficiency Commission takes this agenda even further. We are committed to Ethiopia and Eritrea, cutting unnecessary red tape, and we are committed to the Sinai, and creating the necessary business environment for further growth and investment in Victoria. Israel, Syria and Lebanon. Their work often goes unheralded and is undoubtedly DISTINGUISHED VISITORS dangerous, a fact that was driven home to us all two weeks ago when three Australian soldiers, including Mr BRACKS (Premier) — Before I deliver the Stuart Chappelow from Sale, were injured by a car ministerial statement on Victoria’s veterans, I bomb in Iraq. acknowledge the guests in the gallery who are today representing the veterans. They include Ray Ward, the I would like to take this opportunity, on behalf of all chairman of the Patriotic Funds Council of Victoria; Victorians, to thank the 2000 Australian Defence Force Colonel John Werthheimer, the acting chair of the personnel currently serving overseas. Shrine of Remembrance; Major General David The service of people like Stuart Chappelow also McLachlan, the state president of the Returned and underlines the need for government at both federal and Services League; and Dr Hubert Lelieur, the mayor of state levels to do all it can to ensure veterans are Villers-Bretonneux, and his wife, Christine. I welcome supported and honoured. them to the chamber today. As the house would know, the commonwealth has primary responsibility for veterans services and MINISTERIAL STATEMENT entitlements. But the state still has an active role to play in the lives of veterans, which is why in June I assumed Honouring and Supporting Victorian Veterans responsibility for all veterans affairs at the state level — Mr BRACKS (Premier) — I rise today to make a with the able assistance of the member for Footscray, ministerial statement about Victoria’s veterans, a who is also my parliamentary secretary. community of more than 105 000 men and women who I took that unprecedented step because our government have served in such conflicts as: wanted to provide a greater, more coordinated approach World War I, to veterans services, and we recognised the changing needs of our ageing veterans community as well as World War II, increasing interest among the wider community in the Korean War, Australia’s war and peacekeeping efforts. the Malaya and Borneo emergencies, This emerging interest is reflected in the increasing the Indonesian confrontation, number of young people who attend the Anzac Day parade — it is getting bigger and bigger every year. Vietnam, and the two Gulf wars. MINISTERIAL STATEMENT

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More than 50 000 people visited the shrine on Anzac $50 000 to support the staging of the Anzac Day Parade Day this year. and the commemorative services in Melbourne.

The number of people attending the dawn service has We believe these initiatives are important, because as a continued to grow. community we should take every opportunity to remember and honour veterans — as well as educate Visitor numbers to the newly renovated Shrine of the next generation about their sacrifices. Remembrance have increased by 80 per cent since we opened the new visitor centre in August 2003. It is important that young Victorians know more about the key people and places from the wars we have Tourism and education visits have also grown as the fought. new facilities have provided space for ceremonies, exhibitions, functions and education programs. I refer to places like Gallipoli, Villers-Bretonneux, Tobruk, the Kokoda Track, Kapyong, the Imjin River, Victorians of all ages are increasingly seeking Long Tan, Kuwait and Iraq; and to people like information about what previous generations did in Sir Edward ‘Weary’ Dunlop, the rugby international and times of conflict. doctor who saved countless lives on the Thai–Burma railway in World War II, Sir John Monash, whose With that in mind, in November 2001, the Scrutiny of extraordinary military skills were recognised by four Acts and Regulations Committee reviewed the laws foreign governments by the end of World War I, and that protect Anzac Day, and could I take this Reg Saunders, an indigenous Victorian who was opportunity to congratulate the members of Parliament wounded in World War II but went on to serve in Korea who served on that committee. I think they did a very and in the process became the first Aboriginal good job on behalf of this Parliament. servicemen to command a rifle company.

A wide number of public hearings were held and Schools competition submissions received. Overwhelmingly the feedback asked that there be a greater focus on the development, Our government wants Victorian schoolchildren to promotion and facilitation of education initiatives learn more about people like Weary Dunlop, John relating to the service of Australians in wartime and Monash and Reg Saunders and to recognise the peacekeeping activities. sacrifices made by all men and women who have served their country. Our government responded to that feedback by: That is why this term we have been running a increasing the level of honour we accord veterans, competition in government and non-government and schools.

consolidating the state’s role to improve Year 9 students have been asked to submit an essay, coordination across agencies and to strengthen our artwork or web site project that discusses the way the ability to work at a national level. spirit of Anzac is manifest today.

Honouring veterans Students are encouraged to look at how Anzac Tomorrow marks the 70th anniversary of the official values — courage, mateship, initiative, determination opening and dedication of the Shrine of Remembrance and sacrifice — have increasingly become a part of our in 1934. As I stated earlier, the shrine has been the national make-up, and influenced how communities focus of a resurgence of community interest, which is respond to adversities such as drought and bushfires. why our government has given the shrine a further Nine students from around the state will be selected to $100 000 to prepare a business case for the further travel to England and France in April next year. development of the undercroft area to increase its education, exhibition and gallery capacity. I will host the 10-day trip, and we will visit significant World War II commemorative sites on the Western Next year will also mark the 90th anniversary of the Front. landing at Gallipoli and the 60th anniversary of the end of World War II. Our government and the City of The nine students who travel to Europe will return Melbourne will each provide annual funding of home to give presentations on what they have learnt, MINISTERIAL STATEMENT

Wednesday, 10 November 2004 ASSEMBLY 1399 spreading their experiences to their schools and Until now this has only been available to veterans who communities. were also Victorian seniors with a pension or Seniors Card. But we must also stand vigil over the memorials of our veterans, the many memorials which occur right around In future, that concession will be available to all DVA Victoria. gold or white card holders, irrespective of whether or not they are seniors. Memorials We are also extending the free travel for veterans on That is why at the last RSL state conference I Anzac Day. announced a $300 000 grants program for restoring war memorials and honour rolls. It will now include the day before and the day after Anzac Day. From next year veterans will have three There are over 1100 war memorials in Victoria. consecutive days of free travel and more time to catch up with old friends and colleagues meeting for Anzac They are spread across small towns and suburbs. Day events and renewing those contacts.

Some are simple and some are monumental, but all Another area is ensuring the ongoing protection of bear witness to the men and women who served us in patriotic funds, which are any funds set up for the relief, wartime. assistance or support of serving or ex-service personnel In restoring these memorials we do more than restore or their dependents. the memories of the men and women they represent. Our government, as the Victorian government has We pay homage to the community that built those always done, regulates these funds through the Patriotic memorials, the community of our parents and Funds Act. grandparents. The act makes sure that patriotic funds are retained for With that in mind, today I am releasing the guidelines specific purposes. for the restoring community war memorials program. We are the only jurisdiction in Australia to have Grants of up to $7000 will be available for restoration, legislation regulating these funds. repair and protection of memorials and honour rolls. That regulation gives confidence to people who donate, We are also encouraging applicants to devise as well as protecting the beneficiaries. restoration projects that will engender an increased understanding and interest in the local community As a result, Victoria’s ex-service community still has about their memorial. some 630 patriotic funds holding significant assets. In other states and territories patriotic funds are minimal. Since this announcement was made we have had enormous interest from RSL organisations and groups I congratulate the work of the Patriotic Funds Council and local government right across the state. We expect for very successfully monitoring patriotic funds over that this will be a well-sought-after program. the past 60 years. They have done an excellent job on behalf of the people of Victoria. The current chair, Ray Supporting veterans Ward, has continued the tradition of vigilance in The second area we are focusing on is the level of regulating funds. support for veterans. The Patriotic Funds Council is acutely aware of the Our government’s role here will always be secondary to demographic changes in the veterans community and the commonwealth role, but where we have a service has been considering ways to allow greater flexibility provision or regulatory responsibility we are looking at for trustees. ways to further improve support to veterans. Increasingly, trustees of individual funds are finding One key area is transport. that there is less ongoing call for their fund. In cases where trustees want to wind up their fund they need a Working with the Minister for Transport we are broader range of options and they need advice on what extending V/Line travel concessions to cover more to do. veterans. MINISTERIAL STATEMENT

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At the same time we need to ensure that the options I take great pride in the work we are doing to support available meet the aspirations of the veterans and honour veterans, and I invite the house to work community. with the government on this task.

Our government will work with the Patriotic Funds In conclusion, all members will know that tomorrow is Council and the veterans community over the coming Remembrance Day. months to identify how to provide that flexibility and how to modernise arrangements. At the eleventh hour of the eleventh day of the eleventh month we will observe a minute’s silence to remember State coordination and national advocacy the 100 000 Australians who have died in war and peacekeeping efforts. The third thing we can do at a state level is take a stronger coordinated role across state agencies and We should all observe that minute of silence. provide a stronger voice within government on veterans issues. We should all remember the men and women who made the ultimate sacrifice in the service of their That is why I have taken on the lead-role responsibility, country. effectively as minister for veterans affairs, supported by one department, the Department for Victorian Once the silence has ended we should all work to Communities. ensure that the survivors of those conflicts — our veterans — receive the support and recognition they There are many ministers in our government who deserve. oversee services or administer legislation that relates to the veterans community. Mr DOYLE (Leader of the Opposition) — I must say that there is a part of me that is disappointed with I am consolidating some of this legislation under my this ministerial statement, and that is partly because I new portfolio. feel so strongly about the issues that the Premier has raised today. For instance, I say in passing as a matter I am also looking to provide a point of access for the of process that it would have been reasonable to tell us veterans community on issues that do not fit the about this at the meeting that the leaders of the houses functions of individual ministers. have on Monday instead of explicitly denying that there was to be such a ministerial statement. There is also a need for leadership on national or cross-border issues. It would have been helpful if we had been given this or even told about it before 9 o’clock this morning. That is Of course the national ex-service organisations already a churlishness of spirit when we are dealing with provide much of this leadership across Australia, but I something as serious as this statement about our believe much can be gained from state governments veterans. I think this was a missed opportunity, so part working with ex-service organisations to provide a of my disappointment is that a lot of this is very worthy united front on national issues. and fair dinkum, but a lot of it is stunt and we have to This could mean advocating for a better deal for differentiate between the two. Victorian veterans, or helping to resolve cross-border There is so much in this statement that we can share, anomalies with other jurisdictions. certainly to celebrate our defence forces, which are For example, a cooperative effort with other states and deployed in some very dangerous places around the territories could resolve inconsistencies at a state travel world at the moment. They are doing a wonderful job with state travel concessions that make the borders and doing us proud. seamless for veterans travelling interstate, which they We can celebrate the enshrining of Anzac Day. I pay often do to reunite on Anzac Day and for other key tribute to the work done by the member for Tullamarine events. and by Mark Birrell, formerly a member in another To do this effectively we need a strong partnership place, in putting together what is an excellent report between our government and the veterans community. which has true bipartisan support and which I believe will enshrine Anzac Day in a way which is appropriate. We will be working with the veterans community on how best to organise this partnership so we can I welcome what we are doing with the Anzac Day collaborate effectively on state and national issues. parade. I am delighted, as is the Premier, that year by MINISTERIAL STATEMENT

Wednesday, 10 November 2004 ASSEMBLY 1401 year it seems to grow in stature and participation. It is few countries in the world that have memorials in all excellent that the government is going to extend travel the little country towns — very few. We do, and we are concessions to veterans in the way that it has. That is a lucky. But the government is right; many of them are in positive initiative. disrepair.

Also opposition members heartily welcome and I do not know what the government guidelines are, but I applaud the continuation of the development of the would like to see them to determine if we could make Shrine of Remembrance with a grant for further works some contribution. I will give members a couple of to continue the work on what is now a world icon, examples. I know that in the electorate of the member particularly the work that has been done in the for Hawthorn people have done a lot of work locally undercroft. I know the member for Footscray and and provided for night lighting of their memorial. That others had a lot to do with that, and we pay tribute to has made it a central focus for that community. I do not that work. know whether the guidelines include the potential for night lighting, but it is something I would suggest. There is so much here that we could have shared with a little more generosity of spirit so as to include the Let me give a different example. In my own area we whole Parliament, all of us, in contributing to today’s had a cenotaph that was the centre of our statement in the same way that all parties and all sides celebrations — a very important historical cenotaph on of our Parliament contributed to this excellent report. the corner of Glenferrie Road and High Street. We got together as a community and moved it to Central Park, I am not sure what the waffle in some parts of this because it was out of notice where it was and it was statement means. I understand the government got getting damaged. Now in a beautiful park setting it feedback on this report and that it has responded to it by forms a focus for our celebrations — particularly on increasing the level of honour we accord veterans. I Anzac Day — for our very large veteran community. I agree with that, but in what way are we going to do wonder if the guidelines provide for the movement of that? I am not sure who wrote this, but it is memorials and monuments, because I think that is a gobbledegook: worthy thing. Again I do not know whether they do, but I would hope that they include wide-ranging … consolidating the state’s role to improve coordination across agencies and to strengthen our ability to work at a possibilities for putting the focus back on our national level. memorials.

I am sure it is a worthy aim — if I could understand I will take at face value the invitation issued by the what it meant — but I do not understand what the Premier at the end of his statement today. He invited government is getting at or how it is given expression in the house to work with the government on this. We this statement. would be delighted to do so, but the government should take us into its confidence, not politicise our heritage There are some good ideas here with which we agree. It and treat it as something — — is very important that young people know about some of our heroes and that they learn about some of the Honourable members interjecting. places we have fought. It is very important that we have a clear understanding that we are who we are because Mr DOYLE — I am sorry if you are feeling of where we come from. I would like to see how that sensitive about this. Victoria’s heritage is not decided in will be given expression in our curriculum. I also the ALP caucus room, despite what you might think. support the idea of having these nine students travel throughout the world. But would it not have been a The SPEAKER — Order! The Leader of the generous gesture, rather than having just the Premier Opposition should address his remarks through the host it, to say, ‘Let’s include the other side of the house; Chair. let’s include the National Party, let’s include the Liberal Mr DOYLE — As the Premier said, tomorrow is Party, let’s include the Independents’? Remembrance Day. It is fitting that we pay tribute to Honourable members interjecting. the thousands of Victorians who have served their nation in various conflicts and peacekeeping missions Mr DOYLE — No, that is all right. throughout the world — whether they served in any of the theatres the Premier mentioned or, indeed, are The government’s initiative to restore some of the presently serving. It is also a time for remembering memorials around our state is an excellent one. They those who support our armed services, whether it be the should be a matter of great pride to us. There are very Returned and Services League, Legacy or Carry On — MINISTERIAL STATEMENT

1402 ASSEMBLY Wednesday, 10 November 2004 all the groups that have provided continued service and people who made this state as great as it is. This is an support to our veteran community. Our veterans gave example of a missed opportunity for us. I am up so much for our country. That is why we should disappointed that this was treated as a political speech. I honour them and respect them in return. That is why we would have kept a confidence, and I certainly would should give them pride and dignity for the rest of their have contributed my best. lives. That is why we have to repay them for their great service to us. Honourable members interjecting.

The Premier said the youngest veteran could be as The SPEAKER — Order! I ask the government young as 22, and that is right. But we know the average benches to come to order! age of our veterans is rising. I am sure that many of us were at our local services last Sunday morning, as I Mr DOYLE — The day when you stand in this was, or at the Necropolis, as I was with a number of Parliament and say what you think and get abused for it members on Sunday afternoon to celebrate with our is a sad one indeed. But that’s fine. As I said, I take the RSL branches. Members would have noticed that Premier at his word — — despite the youngest veteran being 22, veterans are Honourable members interjecting. ageing before our eyes and growing more frail. I think the average age is now 76. But as the Premier said, that The SPEAKER — Order! I ask the house to come veteran spirit lives on in those who are currently to order! deployed to places like Iraq, Afghanistan, East Timor — I am very proud that my nephew served in Mr DOYLE — If my feelings are strong on this, it East Timor — and the Solomon Islands. For that matter is because of the depth of my personal feelings, but I I am very proud that my son has made the choice to will take the Premier at his word in saying that all sides enter the defence forces, because I think it is a worthy of the house can work together. aim in life. Mr RYAN (Leader of The Nationals) — The I also pay tribute to our federal colleagues. In recent sentiment needs to be expressed. This is something that years there has been an attempt by federal governments we should collectively be doing. In most of its aspects from both sides to award the proper benefits to this statement is very forward thinking and offers a lot members of our veteran community as they grow older. of initiatives that will benefit those who ought properly As the age of our veterans has climbed, federal be the beneficiaries. But it is something we should all governments of both sides have increased spending on be doing together; it is not something that in the normal veterans affairs, improved disability pensions, sense one associates with a ministerial statement. I am improved war widow entitlements and increased not saying it should not be done as such; I am talking benefits to serving personnel and their families in the about the process of a conversation like this in the terrifying and terrible event of injury or death. They Parliament. It ought not be adversarial, and it would have provided excellent health service, income support have been a better celebration for all of us if we had and compensations for veterans and their families, and come in here knowing that we were going to deal with there is a comprehensive health care scheme through what we now have before us during the course of the the white and gold cards. day. But that aside, we have what we have.

I was particularly pleased to see the restoration of This is truly something that touches all of us. I think of entitlements to widows and widowers who remarried my own brother in Vietnam, who was a member of the prior to May 1994. I am pleased to see the increased 9th battalion of the Royal Australian Regiment and recognition and support for former prisoners of war spent his time of national service on active duty in and, in more recent years, redress of something that was Vietnam. I have a close association with the Royal a blot on our psyche — that is, support for our Vietnam Australian Air Force base at East Sale, which is an veterans, and their families, who on their return were ongoing issue in my electorate and one which I am very not accorded the respect that other defence personnel pleased to participate in. had received before them. The Premier mentioned Stuart Chappelow from Sale, In all of these respects we have a long way to go and who was recently wounded in Iraq. I am pleased to much that we could yet do. I take the Premier at his report to the house that I spoke to Stuart’s sister, word when he invites all sides of the house to work on Amelia, only a little while ago. She works with the this. We would be delighted to do so. We should be ABC in Sale, where she does a great job. She told me working together in an area like this to support the great that Stuart has substantially recovered from his injuries MINISTERIAL STATEMENT

Wednesday, 10 November 2004 ASSEMBLY 1403 and is back on duty in Baghdad. It is wonderful that that an appointment — and I freely confess it is not is the case. I regret to say that the other member of the something that happens all that often — is to locate the forces who was pretty severely injured at the time is not war memorial, because it tells you about the enjoying as good a state of health. Be that as it may, I extraordinary extent of the sacrifice made by the am assured by his sister that Stuart Chappelow is back members of small country communities in the different on deck and doing well. theatres of war in which this wonderful nation of ours has been involved. Remembrance Day and Anzac Day are very important occasions across Australia, no less so in Victoria. The work being done in schools is a good thing. The Tomorrow I suspect we will all go to the shrine to mark generations coming after ours, which hopefully will be Remembrance Day, and it is always a privilege to spared the sorts of battles that so many of our aged participate in the ceremonies that are part of that veterans had to deal with, should be told and given the occasion. Each year I go with a mix of emotions, the opportunity to learn about the sacrifices and most outstanding one, when you move in amongst contributions made by those who have gone before those people who have been involved in theatres of them. war, being a sense of humility. Those people gave us the chance to do what we now do. They have enabled The initiative with regard to travel concessions is also the generation that came after them to fulfil the dreams welcome, and having a broader advocacy role is a good that a lot of those people had taken from them as a thing. In response to the Premier urging us to work result of their service in times of war. together for the purpose of achieving better outcomes, I say that The Nationals now have De-Anne Kelly as the Each year I note a profound sense of loss amongst a lot Minister for Veterans Affairs at a federal level. I can of those with whom I speak. While it is true that when tell the Premier that she is an absolute dynamo, and I they come together not only on Remembrance Day but say advisedly that if he is looking to have anything on Anzac Day, there is a great sense of celebration done at a federal level, I have just the lady for him to amongst their number, when you look at their faces talk to. She will certainly be able to accommodate when things grow quiet and solemnity prevails you can Victoria’s requests and treat them with the merit they see the sense of loss in their faces. For all that they have deserve. an enormous sense of pride, and, I am sure we would all say, quite rightly so. In so many of them that is I endorse the various other initiatives set out in the combined with a steely determination — even to this statement and congratulate the government on day, in the case of those who are of the older introducing them. In passing I must say that the generations. Those people believe that what they did at initiative on registration fees is something that impacts the time was extraordinarily worthwhile on behalf of on many veterans. For example, it is an issue for those their nation, and they are perfectly justified in holding who are pensioners, who are now having to find $79 for that point of view. their car registration fees. A lot of the other very worthy initiatives set out in this statement do not affect the hip I also look at them in the context of the weaponry pocket of many veterans, but this one does. Most of which was available to those aged veterans and which them have a car, and the money that goes out in they used to face in the days when so many of them registration fees causes them some concern. were involved in war. In one sense war is war, but on the other hand, for good or for bad, many of those Tomorrow we will go to the shrine to pay homage to people did not have available to them the technical the old and the not so old, including, as the Premier equipment that is available to our armed forces these said, even those as young as 22. Justifiably we will go days. It is quite extraordinary to think of the there with humility. At the 11th minute of the 11th hour contribution so many of those elderly folk made in their of the 11th day in this the 11th month we will honour younger ages simply by grabbing a rifle and going off the contribution made by many people in many theatres to war — and that is about all that they had. of war. This is not a case of glorifying war; far from it. Rather, it is about reflecting on just how lucky we are I welcome the government initiatives set out in this that even to this day we have people in our statement, a lot of which are far sighted, particularly in communities who are prepared to commit their lives to relation to memorials and honour rolls. It is a terrific our future welfare. thing to do. As the Leader of the Opposition observed, not one small country town of any size that you go Mr MILDENHALL (Footscray) — It is a great through does not have its own war memorial. One of pleasure to support the Premier in his statement the things I like to do in instances where I am early for detailing the government’s initiatives for Victorian MINISTERIAL STATEMENT

1404 ASSEMBLY Wednesday, 10 November 2004 veterans, particularly in my capacity as parliamentary Already more than 220 entries have been received from secretary dealing with veterans affairs. It is a tragic a range of schools from the different sectors around the irony that war brings out not only horror, trauma and state. This is not surprising. As the Premier has said, dreadful human loss but also some of the finest there is enormous and growing interest among qualities in selflessness, courage and skill. particularly young people in that history. When my then 15-year-old daughter, who is not generally known for In Australia’s case our young, officially recorded early rising or leaping into events that I might history is punctuated by incidents of extraordinary recommend she be involved in, came to me a couple of bravery in the face of overwhelming odds. Gallipoli, years ago and unprompted asked me to take her to the Bullecourt, Villers-Bretonneux, Crete, Tobruk, the Anzac dawn service, it told me that something was Kokoda Track, the Burma Railway and Long Tan all happening in that demographic. share those characteristics. Australia was seen to have come of age in the company of nations as a result of the A veterans strategy is not only about honouring our qualities Australians displayed in these enormous history and looking for its modern relevance. Practical battles and, sadly, the sacrifices they made. and significant forms of assistance for our veterans are required long into the future. Constitutionally, as other On Sunday I was driving with my kids through speakers have said, the commonwealth has the lion’s Bacchus Marsh, where we contemplated the impact on share of responsibility for personal support for veterans the families and the local communities of the loss of the and their families. The deputy commissioner of the extraordinary number of young men who are Department of Veterans Affairs, Bob Solly, a former remembered by the trees in that spectacular Avenue of Victorian government public servant, has worked Honour. The Leader of The Nationals commented that cooperatively with us and provided great advice on an the visual aspect is something that continually reminds appropriate role for the state. us of that impact. The sense of loss from the Great War felt throughout Victorian communities is manifest in As the Premier has outlined, we can take specific roles the various memorials, avenues of honour, honour rolls in advocating for the needs of our veterans, including and dedicated buildings. For many families the town or assisting with transport and the administration of suburb’s memorial became the missing grave. The patriotic funds raised for the purpose of helping preservation and restoration of those memorials is a veterans. Within the context of the federal debt our generation owes its forebears. The government’s umbrella responsibility, states such as announcement of the memorials restoration fund Victoria, Western Australia and Tasmania are all recognises that continuing obligation. putting together commemoration programs and together dealing with these issues. We should not underestimate The Australian war memorial in Villers-Bretonneux has the impact of even assisting a group of veterans getting the names of 11 000 Australians whose remains were together for a reunion. When people do get together and never found or identified. The reverberations through are encouraged to talk to each other about their family networks of losses on that scale would be experience it is often the first opportunity for difficult to comprehend. The impact on the Somme revelations to be made and assistance and guidance to region of France and the loss of life among the be provided. combatants was extraordinary. We are honoured to have the mayor of Villers-Bretonneux, Dr Hubert We should not underestimate the nature of the Lelieur, and his wife, Christine, present with us in the continuing challenge. In my work on behalf of the house today. Premier in this area many contemporary needs have been presented to me through some very impressive It is important that the history of the sacrifice is known representative veterans organisations: the Returned and to contemporary generations. In the lucky country those Services League, through Major-General David losses are some of the major scars to the body of McLachlan, its president, with its comprehensive history. From that loss came spectacular examples and knowledge and vast experience in dealing with a wide widespread acknowledgment of the fine qualities of range of issues; the Patriotic Funds Council, through mateship, bravery and compassion. It is important that Ray Ward and his vigilant board; the Vietnam Veterans the origins and contemporary relevance of these Association of Australia, with Peter Liefman and John defining Australian characteristics are known and Methuen, among others, who have talked to us about projected into the future. This is one of the objectives of the very severe nature of the ongoing issues for the Spirit of Anzac schools exercise that will see a party Vietnam veterans as time goes on and the flashbacks of students selected for a tour of historic sites next year. and other issues emerge; and the Shrine of Remembrance, with the success of John Taylor, John TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

Wednesday, 10 November 2004 ASSEMBLY 1405

Wertheimer and others in their education programs and 2. Clause 1, lines 2 and 3, omit all words and expressions the new visitor centre. on these lines and insert — “The purposes of this Act are — Even members of new groups such as the Partners of Veterans Support Group, particularly the women, have (a) to amend the Teaching Service Act 1981 — ”. talked about the way their careers have been put on hold or set aside so they can care full time particularly 3. Clause 1, line 4, omit “(a)” and insert “(i)”. for Vietnam veterans and the issues they are dealing 4. Clause 1, page 2, line 1, omit “(b)” and insert “(ii)”. with. There are many others, including the Vietnamese veterans group in my electorate and the Weary Dunlop 5. Clause 1, page 2, line 3, omit “(c)” and insert “(iii)”. Medical Research Foundation, with the impressive 6. Clause 1, page 2, line 3, omit “amendments.” and insert work of Dino de Marchi and his team. “amendments; and”.

At a function on Friday night, General Cosgrove, the 7. Clause 1, page 2, after line 3 insert — head of the defence forces, spoke about the challenge facing the forces. He mentioned also a recent incident “(b) to amend the Victorian Institute of Teaching Act 2001 and the Education Act 1958 to enable in Baghdad, where one of our soldiers was severely criminal record checks to be obtained without injured. He recalled a conversation in which he consent.”. obviously not only inquired as to the soldier’s health and was pleased to hear of a progressing recovery but 8. Clause 2, line 5, before “This” insert “(1)”. also took the time to talk to him and ask, ‘Are you 9. Clause 2, line 5, after “Act” insert “, except sections 11 sleeping okay, and does your recovery include being and 12,”. able to deal with the issues that you faced?’. 10. Clause 2, after line 5 insert — Other organisations include the Australian Federation of Totally and Permanently Incapacitated Ex “(2) Sections 11 and 12 come into operation on the day after the day on which this Act receives the Servicemen and Women, the Extremely Disabled War Royal Assent.”. Veterans Association of Australia, Legacy, and Carry On. There are also the volunteers and enthusiasts, NEW CLAUSES including those magnificent people in Ballarat who put 11. Insert the following New Clauses to follow clause 10 — together the prisoners of war memorial. There are also people involved in the functions we hold here, like ‘AA. New sections 18A and 18B inserted in Victorian Allan Blankfield, who organised the memorable Institute of Teaching Act 2001 Sir John Monash Foundation service. After section 18 of the Victorian Institute of Teaching Act 2001 insert — The challenge continues. While Victorian men and women are called on to put themselves in harm’s way “18A. Criminal record checks in the nation’s interest, we as a community will need to deal with the consequences, to honour their service and (1) The chief executive officer of the Institute may, at any time, request the Chief on their return care for them and their families. I join Commissioner of Police to give to the with the Premier and call on all members to join us chief executive officer information tomorrow at the shrine to remember and contemplate concerning the criminal record, if any, of the nature of the continuing obligation we have to those a registered teacher and, for that purpose, may disclose to the Chief Commissioner servicemen and women and their families who have the information concerning the registered given so much. teacher that is necessary to conduct the criminal record check.

TEACHING SERVICE (CONDUCT AND (2) The chief executive officer may make a request under sub-section (1) without the PERFORMANCE) BILL consent of the registered teacher named in the request but must give notice of the Council’s amendments request to that teacher.

Message from Council relating to following (3) The Chief Commissioner of Police must, amendments considered: not more than 14 days after receiving a request under sub-section (1), enquire into 1. Clause 1, line 1, omit “Purpose” and insert “Purposes”. and report to the chief executive officer TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

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on the criminal record, if any, of the (5) The Chief Commissioner of Police registered teacher named in the request. must, not more than 14 days after receiving a request under 18B. Employer to disclose whether criminal sub-section (2), enquire into and record check conducted report to the Secretary on the criminal record, if any, of the On request by the chief executive officer relevant person named in the of the Institute, the employer of a request. registered teacher must disclose to the chief executive officer whether to the (6) If the report relates to a relevant knowledge of the employer the registered person employed by a school teacher has undergone a criminal record council, the Secretary may give a check at any time.”. copy of the report to the school council.’.’. BB. New Division 2 inserted in Part I of the Education Act 1958 12. Long title, after “1981” insert “, the Victorian Institute of Teaching Act 2001 and the Education Act 1958”. After Division 1 of Part I of the Education Act 1958 insert — Ms KOSKY (Minister for Education and ‘Division 2 — Criminal Record Checks Training) — I move:

9. Secretary may request criminal record That the amendments be agreed to. check The amendments have been made to ensure that we (1) In this section — now have mandatory police criminal record checks for all teachers and non-teaching staff in government “relevant person” means — schools and for all teachers in non-government schools, (a) a person employed by the and that the mandatory checks can take place with or Secretary under section 5 or without the approval of the individual teacher. The 5A or under the Public Sector individual teacher must be informed that the checks are Management and Employment Act 1998 or the to take place, but those checks can now be done without Teaching Service Act 1981; the agreement of the teacher. or The amendments have been moved now because we (b) a person employed by a school have had changes to CrimTrak which mean that council under section 15B or criminal record checks can now be conducted in a 15ZK. much shorter time than was previously the case. It used (2) The Secretary may, at any time, to take several months; now it takes only one to two request the Chief Commissioner of weeks to conduct those checks. That means that the Police to give to the Secretary Victorian Institute of Teaching can conduct the criminal information concerning the criminal record, if any, of a relevant person record checks in a much briefer period and we are able who performs some or all of their to put this in place for all teachers — government and duties in a State school and, for that non-government teachers. This confirms the original purpose, may disclose to the Chief intent of the Victorian Institute of Teaching legislation. Commissioner the information concerning the relevant person that The intent was there, but the legal advice suggested that is necessary to conduct the criminal we needed to firm up that intention. This amendment record check. does that.

(3) If a request relates to a relevant Mr PERTON (Doncaster) — One of my colleagues person employed by a school has just asked me about this legislation and the unusual council, the school council may disclose to the Secretary the way in which these very important provisions have information concerning the relevant come before the house. The minister’s reluctance to person that is necessary to conduct open with a proper explanation to the Parliament is the criminal record check. indicative of this problem. This is a very serious issue. I (4) The Secretary may make a request wish that the minister had taken the time to explain to under sub-section (2) without the the house the number of teachers and staff involved and consent of the relevant person the like. named in the request but must give notice of the request to that person. Members will recall that in early October Victorians and all Australians were made aware of the fact that TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

Wednesday, 10 November 2004 ASSEMBLY 1407 there were dramatic police raids taking place across These amendments do not come to this house having Australia. Federal and state police were breaking into been given great thought. They do not come to this people’s homes with search warrants and seizing house having had a great deal of consultation. I pay computer hard drives. They were arresting and tribute to the Age education journalist, Farrah Tomazin, questioning many people, and some 80 to who has now moved to this Parliament as a journalist 90 Australians have been or will be charged on and who raised this issue in an article which indicated summons with the possession of child pornography. that many thousands of Victorian teachers had not had police checks. That article generated widespread The descriptions that the police have given of the child discussion in the community. Although the Victorian pornographic material that has been seized indicates Institute of Teaching legislation that was brought in by that it is of the vilest nature. In some cases police have the government contemplated the fact that the said that the material obtained has included pictures of completion of police checks would not be finalised the perpetrator’s own children in sexually suggestive until 2007 and the renewed registration of teachers who positions. All Australians — and certainly had been deemed to be registered when the Victorian parliamentarians on all sides of the house — are Institute of Teaching legislation came into effect, there revolted by the nature of these crimes. Why does this was genuine shock in the community that so many relate to this legislation and why is it so important? In thousands of teachers remained unchecked, particularly Victoria teachers and senior executives in the state and in light of the fact that long-term employees in charge Catholic sectors have allegedly been found to have this of the administration of schools had certainly been vile material on their computer hard drives. detected with child pornography material.

What parent could cope with the stress of thinking that The first reaction was not from the Department of someone who collects the most vile child pornography Education and Training or the Minister for Education was in charge of their children? A grade 1 teacher; a and Training but from the Catholic Education Office, grade 2 teacher; an assistant principal who has been in which moved quickly to require compulsory police the system for some 18 years; and a primary school checks from the rest of its teaching staff to ensure that principal are all people who allegedly have been found the Catholic system to the greatest extent possible could in the possession of the most vile child pornography. assure its parent population and the rest of the Although it is not inevitable, the possession of child community that its teachers had gone through this pornography is certainly associated with paedophilia minimum level of checking. I know there was some crimes and is in many cases, according to psychiatrists debate as to whether it had the lawful authority to do so, and psychologists, a precursor to the actual undertaking but I think it was determined to. The Catholic of these sorts of offences. Education Office was determined to work with the union and, if necessary, to seek legislative changes to I have taken the time and trouble in examining this ensure that this took place. legislation and preparing for the debate to talk to those who have been involved with the custody of convicted The Australian Education Union seemed to be sceptical paedophiles. What is interesting and fearsome about about the right of a government to impose these these people is that they are extremely patient. They are compulsory checks on teachers. I spoke to the meticulous people who plan these offences with great vice-president of the union, the president being care in order to ensure that their crimes are not detected unavailable at that time for other reasons. In our by others. As we know from civil and criminal discussion the vice-president certainly indicated that litigation in recent times, in many cases where the from her perspective what the union wanted in the first victims are children these crimes are not discovered for instance was voluntary compliance with a requirement many years, if not decades, after the offences have for police checks. In terms of looking to people’s taken place. Nothing is more important in terms of the dignity, there is certainly an argument in favour of that. work that the Minister for Police and Emergency However, parents, public policymakers and school Services and the Minister for Education and Training students were never going to be satisfied with a do than to protect children in the care of the state, voluntary compliance requirement for police checks. I Catholic and independent education sectors to make do not need to spell it out for the house, but it is a sure that those who teach, care for and have custody of matter of logic: those who are prepared to voluntarily children under the trust of parents are people who have comply with a police check are those least likely to the highest reputations and are unlikely to commit these have anything to worry about, and those who are not offences. going to comply are those who have old offences. TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

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Indeed, the government did not come before this house closely to ensure that the government complies with with clean hands on this issue. Last year it introduced a that undertaking. bill into this Parliament to amend the Teaching Service Act to allow it to continue to employ someone who had We do not oppose these amendments. However, they been convicted of a child sex offence. When the were produced on the basis of a draft being sent on the opposition raised this publicly the government’s first Monday before last to those who were to be consulted. attitude was to pooh-pooh it, saying that somehow we We were told that that was the extent of the had misread the community spirit and that it was okay consultation, that the matter had to go to cabinet for the government to re-employ, and I quote exactly, urgently and that, even though the independent schools ‘someone convicted of a child sex offence’. The public had raised a serious issue, there were no stand-down reaction was understandable. The newspaper, radio and provisions in the teachers award, so that if a teacher was television media expressed anger. I am sure members detected as having committed criminal offences which of the government were the recipients of many phone could preclude them from teaching, it was possible, calls and emails. Thankfully, although with little grace, certainly in the non-government sector, that the teacher the government reversed its position and withdrew the would continue to be paid — and the same was true in amendments which would have enabled it to employ the government sector. somebody convicted of a child sex offence. If the member for Oakleigh or the minister can make a What is interesting to me as the shadow minister for bit clearer the legal position of an employer of a teacher education is that subsequently members of the union who is found to have criminal convictions that would and the like said to me, ‘It is a real pity that those preclude them from teaching, I will be grateful. Perhaps amendments were defeated because there are some very the member for Oakleigh can confirm that the decent teachers with some very old offences’. It was government has given an undertaking that in the event put to me that those old offences included unlawful of the independent and Catholic school sectors being carnal knowledge offences from a time when the caught up in a situation where they are unable to permitted age difference between consensual partners terminate the employment of someone who is found to was different. It was put to me that people who had have convictions which would preclude them from been teaching for 20 or 30 years ought to be allowed to teaching because that person is using the appeal continue to teach despite having these earlier, youthful processes to frustrate or slow down that termination, it indiscretions. Perhaps if the amendments had been will be prepared to legislate urgently. limited to just that sort of case there might have been a different argument about them. Lastly, the question is whether this goes far enough. Does the fact that every schoolteacher in Victoria will However, it is clear that the government has known that have a police record check satisfy us that they are not a there are teachers in the state and Catholic systems — danger to our children? Sadly that is not the case. As I and probably all of the independent system, although I understand it, many of the people who were arrested in have not been informed of that being the case — with the recent police operation known as Auxin, many of convictions for sexual offences which would disqualify whose computer hard drives have been confiscated, are them from teaching. These amendments, following the people with no police records. The profile of the sort of conclusion of the period of voluntary compliance with person who would collect child pornography — the police checks, will allow the Victorian Institute of profile of a paedophile — means it is likely that many Teaching to seek police checks on all remaining of these perpetrators do not have police records. I will teachers without their consent. The legislation does not read to the house from the Age editorial of 3 November, mandate it, but I would prefer that it did and that it gave which goes through the history of this matter. It states: a set date, but the undertaking I have from the The revelation last month that four Victorian educators, departmental legal officers who briefed me is that it is including a school principal, were being questioned in the intended that these police checks will be concluded by wake of Operation Auxin, Australia’s biggest investigation the beginning of the next school year. into child pornography, shocked the community and understandably caused parents and politicians to demand Ms Barker — Yes. more rigorous examination of the character of those entrusted with the care of children. Mr PERTON — The member for Oakleigh says It goes through the history of the Victorian Institute of yes, so I presume we have that commitment. From an Teaching and then says: opposition perspective, and I am sure from the parent population’s perspective, we will certainly be looking Parents are justified in demanding an effective way of scrutinising people entrusted with their child’s care, and it is TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

Wednesday, 10 November 2004 ASSEMBLY 1409

vital that schools maintain high moral standards. It is equally Training Committee or one of the other committees, it important that a sense of proportion is maintained and that would be a step forward for this community and neither the extent of the problem nor the effectiveness of police checks is overstated. Because their scope is limited to Parliament. identifying people with criminal records, checks for a criminal history can only ever be a part of the defence against These amendments are rushed; they are a response to paedophiles. It is unlikely that any of the people who have community concern. I hope they work. I hope by the been identified as suspects in recent police operations have beginning of the new school year all teachers will have previous convictions, and therefore no police check would had their police records checks. We have to ask the next have identified them as potential risks to children. Furthermore, the law enforcement assistance program question: what comes next in protecting our children (LEAP) will uncover only criminal offences, including from paedophiles? I do not have all the answers, but I matters such as theft and deception as well as sexual crimes, hope as a Parliament all parties and the Independents that are less than 10 years old. While this may give comfort to can look to some additional solutions to provide greater a few older teachers who fear their teenage misdemeanours being made public, it also means that there is potential for safeguards for children in schools and in care, whether those with child-related convictions to escape detection. it be kindergarten, child-care centres or other circumstances. That is the fear of the Age editorialist, and of many parents and legislators. Mr MAUGHAN (Rodney) — I have listened with interest to the shadow minister and particularly his I am not an expert in the field of detecting paedophiles reference to the Age editorial. I certainly agree with the or the like. There are presumably people working under sentiments expressed in that editorial. While the the Minister for Police and Emergency Services, who is member for Doncaster has documented the extent of in the chamber, who are better able to profile the sort of paedophilia that has been discovered in the teaching person who would perpetrate these crimes. Recently on service, I just want to make the point that I do not think the advice of others I made the suggestion that there we should overemphasise this. ought to be random checks of computer hard drives, particularly of those computers that are provided by the We will never be able to ensure that there are no people state. The minister took a very adverse attitude to that, in the teaching service who are going to interfere with saying there are privacy laws. Privacy laws are there for children, in exactly the same way as we will never be the protection of the community and for the personal able to entirely get rid of corrupt police from the police data of individuals. Privacy laws are certainly not there service with a body of 10 000 to 12 000 people. to prevent the state undertaking those sorts of checks on Likewise with the teaching service — unfortunately people who are placed as carers of children. there are always going to be some people who will be able to elude the best surveillance systems that are put Perhaps there is a necessity, as there is in many other in place. Nonetheless these amendments that are before occupations now, for some psychological testing, the house today are certainly a step in the right direction firstly, of new applicants to employment, to the and The Nationals support them. The Nationals did not teaching profession, or occasionally from time to time oppose the original bill, the Teaching Service (Conduct of those who are employed in the profession. It is worth and Performance) Bill, and it will not be opposing the exploring this. I do not purport to put the full formula. government’s amendments in this case, even though The Minister for Education Services is at the table. I they have been rushed in in response to community suggest to her in a very bipartisan way that we look to concern pointing out that there was a loophole in the perhaps empowering one of the parliamentary original legislation. committees to look further at the question of how we protect children in the school, kindergarten and By streamlining the processes that are in place to deal child-care systems. with serious misconduct, serious inefficiency or mental or physical incapacity involving teachers and by The Queensland government has just introduced establishing an independent and robust disciplinary amendments to its blue card system which is designed appeals process, the original legislation gives parents to ensure checking of police records and other and the community generally some confidence in the characteristics of those who work with children. I ask school system. However, I would note that the appeals the minister to contemplate an all-party inquiry. I system is grossly under-resourced and that it is taking genuinely offer this and I know The Nationals would far too long to investigate many of the cases of concern share this view. An all-party committee should look at about teachers’ misconduct. More resources need to be these things, and were the minister to suggest a set of provided in order to implement the very fine sentiments terms of reference that could be settled by the other that are expressed in the legislation and in these parties and are given to the all-party Education and amendments. But there is a loophole in the original TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

1410 ASSEMBLY Wednesday, 10 November 2004 legislation which allows some 4000 teachers who are in Previous legislation has dealt with some of those issues. the system to avoid — and I do not mean that in an Previously if a small country school with a staff or 1, 2 active manner — coming under the surveillance of or 3 staff members had an incompetent teacher, the police checks. I emphasise that it is not that most of teacher usually was just moved on, rather than taken those 4000 people are deliberately avoiding the system, out of the system. That took quite a long time to do and but some presumably are. in the meantime there was a very negative effect on who knows how many children. It could have had a As we have already heard, all teachers who are new to very permanent effect on the whole of that class for the the system or who move from school to school are whole of that year. In many cases it did have a covered — they all have to undergo police checks. But permanently adverse effect on the education of those out of 80 000 teachers in the state, in both government children. In saying that the incidence of the problem is and non-government schools, 4000 teachers have not low, I do not want to minimise the size of the problem been covered by police checks. These amendments are because obviously it is a very serious problem if it is designed to cover that loophole. Amendment 7 will your or my child who happens to be in that class with a amend the Victorian Institute of Teaching Act and the teacher who is incompetent or for whatever reason is Education Act to enable criminal record checks to be unable to do their best and would be better out of the obtained without consent. We support the sentiments of system doing something else. that amendment which are designed to ensure that all teachers, all staff and people working in schools are I note that the Victorian Institute of Teaching does not subject to those police checks. have adequate resources to deal with allegations of misconduct and inefficiency as promptly as we would It will empower the Victorian Institute of Teaching and expect. One would expect that if there are allegations of the secretary of the department to secure police checks incompetence, inefficiency or some sort of criminal on school teachers, staff and anybody who is associated activity, those matters should be investigated and dealt with the schooling of children or in offices of schools, with as quickly as possible, firstly, so that if they are indeed anyone who has any contact with the schools at guilty of those offences they can be taken out of the all. So police checks will be carried out without the school system, and secondly, in fairness to the teachers consent of the teacher or the staff member, although themselves so that the inquiry can be conducted and if clearly they have to be notified that those police checks they are not found to be in breach of the legislation then are being carried out. they can get on with their job. I think it is appalling that a government that talks about the processes that it has In Victoria there are about 80 000 teachers, of which in place fails to provide sufficient resources to enable 40 000 teachers are in the government system and the those processes to be carried out in an appropriate rest are in the non-government system, the Catholic manner. system and independent schools of various sorts. It needs to be said that the overwhelming majority of The effect of the amendments which were introduced those 80 000 teachers are professional, dedicated, by the government into the Legislative Council after the hardworking and conscientious. The amendments that legislation had passed this house was to ensure that the we are looking at today are designed to deal with that secretary of the Victorian Institute of Teaching has the very small number of people who are incompetent, capacity to require a police check to be undertaken on have a criminal record or do not really deserve to be in all Victorian teachers with or without their consent. the system. In any large body of people you are going This is a commendable initiative. My colleague in the to get people who are not doing their job properly, are other place the Honourable Peter Hall has expressed incompetent or, worse still, have a police record. I point some initial concerns about the way that this is going to out that in the last couple of years there have only been work, but I understand discussions with the minister’s of the order of less than 100 complaints a year, which is advisers have satisfied him that proper procedures are about 0.25 per cent of teachers in government schools. in place to make this legislation work. We need to be careful that we are not overemphasizing the size of the problem. The problem is small, but it is I hope this legislation achieves the objectives which the very serious. The incidence is low, but it is very serious government has set and which The Nationals certainly for those who have a child in a school where there is a support. I indicate that we will be watching with a great teacher who has a criminal record, is a paedophile or is deal of interest to see how this legislation actually incompetent. I think it is the incompetent teachers, too, works in practice to ensure that there is no risk of that have been the problem in the past. having teachers with a police record in our schools and that we get rid of those who are incompetent or mentally or physically impaired. I also express the same TEACHING SERVICE (CONDUCT AND PERFORMANCE) BILL

Wednesday, 10 November 2004 ASSEMBLY 1411 concerns as the member for Doncaster that these provide the means to ensure that checking is done in the records only go back 10 years and that there could still non-government school teaching area as well. be some people who have a record going back further than 10 years which will be missed by this system. It is There is some history behind how we have come to this not perfect by any means, but it is a very good step in proposal. A number of options were obviously the right direction. For that reason The Nationals will considered. As has been referred to, the Victorian not be opposing the legislation. Institute of Teaching Act 2001 came into operation on 31 December 2002. From that date all teachers in all Ms BARKER (Oakleigh) — I am very pleased to schools, both government and non-government, had to rise in support of the amendments to the bill before the be registered with VIT to be eligible to teach. As has house and to again follow the member for Rodney. It is been indicated, they were automatically registered with always a pleasure to do so. VIT for the next five years — until December 2007. As I said, unless a teacher transferred, was promoted or The objective of the amendments is to ensure that all was new to the system, there was no requirement for a school staff in government schools and teachers in criminal record check. That would not have come into non-government schools undergo criminal record effect for some of those teachers until December 2007. checks. The member for Doncaster referred to the timing, and as I indicated by interjection — which I As was said at the time of the debate on the Victorian know is inappropriate, but that is what I did at the Institute of Teaching Act and its implementation, in time — the government has a commitment to ensuring December 2007 when teachers apply for renewal of that all staff performing duties in government schools registration, the VIT can refuse under sections 18(4)(b) undergo a criminal record check by the start of the 2005 and 11(2) of the act to renew the registration of a school year. teacher if the teacher fails to produce ‘evidence which satisfies the institute of his or her fitness to teach’. That It is my understanding that the Catholic Education process would of course include a criminal record Office is undertaking checks with the consent of its check. However, it is fair to say that it would have been teachers and is aiming to complete those by the end of another three years before that took effect. The 2005. It is also my understanding that the Catholic government found itself in a situation where nothing Education Office is working with the Victorian Institute further could have been done, given the expectation that of Teaching (VIT) to bring that forward, and I am sure most of the staff based in a government school who it will work very hard to do that. It is also looking to have not had a criminal record check would seek a include non-teaching staff in those checks, as will be transfer or promotion shortly. That option also did not the case in government schools. address the issue of teachers in non-government schools who have not had a criminal record check. It could have It is important to look at the background of how we been that relevant employees would simply have been have come to this point. As members would be aware, asked to consent. As has also been indicated, you would in government schools police checks for new think that if they had nothing to worry about, they employees and staff seeking a transfer or promotion, would simply have given that consent. school based or other, have been compulsory since 1995. Staff who have been employed in their positions The department is writing to all state-school-based staff since 1994 have not been checked. At that time, with telling them that it is important they undergo a criminal approximately 50 000 staff, a staged implementation record check and asking them to consent to the check appeared the most practicable way of implementing the with the department paying the costs. It is expected that checks. most teachers and staff will sign the consent forms; however, it could be expected that some may not. The Police checks have been compulsory in the department does not have the powers to coerce a non-government sector since 1 January 1996 for current employee to consent to or undertake a criminal teachers seeking registration with the Registered record check. Schools Board. In 2002 this function of registering teachers passed to the Victorian Institute of Teaching. Again, this work by the department does not address Unless required by their employer, teachers registered the issue of teachers in non-government schools who prior to 1996 and teaching in a non-government school have not had a criminal record check. Therefore the have not been checked. It is correct to say that in recent best option was legislating to obtain a criminal record times there has been heightened public concern about check without an individual’s consent, and that is what the need to check all government school-based staff and these amendments do. The amendments implement that option — that is, they authorise the secretary of the COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

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Department of Education and Training to obtain a are an important measure to ensure the safety of criminal check on staff performing any part of their students in our schools. Our schools undertake very duties in a government school without the staff important work in caring for and educating young member’s consent; they authorise the Victorian people. It is important that the teachers, who have a real Institute of Teaching to obtain a criminal record check commitment to the welfare and the interests of the on a registered teacher in a government or children, can go about the job that they need to do, non-government school without the teacher’s consent; which is educating our children, and get the respect they require that notice be given to the relevant person from the community that they deserve. These that a criminal record check is being undertaken; and amendments will assure parents that the right checks they require that employers of registered teachers are in place, and will assure teachers that their disclose to the VIT whether a teacher has undergone a colleagues are all fit and able to teach within our criminal record check. schools — that these measures really protect the safety and interests of our children while ensuring we have the The bill complements and strengthens the current best education in place. provisions of the Victorian Institute of Teaching Act 2001, the Teaching Service Act 1981 and the Education I thank the members for Doncaster, Oakleigh and Act 1958, which prohibit the employment in schools of Rodney for their contributions on these amendments. I persons with convictions for child sex offences and also want to thank The Nationals and members of the require the automatic dismissal and deregistration of opposition for allowing this to proceed with the speed it such persons, irrespective of the date of that conviction. has through both houses.

I think it was the member for Doncaster who referred to Motion agreed to. consultation in regard to the preparation of these amendments. Consultation was undertaken with the Victorian Institute of Teaching, the Department of COMMONWEALTH POWERS (DE FACTO Justice in respect of the police and privacy, the manager RELATIONSHIPS) BILL of the Victoria Police records services branch, the office of the Victorian Privacy Commissioner, the Catholic Second reading Education Office, the Association of Independent Debate resumed from 14 October; motion of Schools of Victoria, the Australian Education Union, Mr HULLS (Attorney-General). the Victorian Primary Principals Association, the Victorian Association of Secondary School Principals, Mr McINTOSH (Kew) — This bill is a the Community and Public Sector Union and the constitutional reference, referring powers in relation to Australian Principals Federation. As the member can financial matters on the breakdown of de facto see, consultation was undertaken. relationships to the commonwealth Parliament to make laws with respect to those matters. It is a matter of some In conclusion I want to say that we have great schools note that the breakdown of a relationship is a fairly in Victoria and our teachers are very committed to expansive area. Financial issues are defined as being education and particularly to caring for our children. maintenance; the distribution of property, which can be The discussion and the debate we are having in regard legal or equitable, real or personal; and financial to the need for these criminal record checks does not resources such as superannuation entitlements and the reflect the greatest part of our education system. We way they could be distributed between various parties have a great education system in Victoria. It is, notwithstanding the fact that that superannuation might however, always necessary to remember that the safety be yet to crystallise. and interests of our children must be paramount, and it is in those interests that these amendments and this bill Importantly, this is enabling legislation. It arises have been put forward. They are sensible amendments. essentially out of a request from the commonwealth We continue to improve the system, and I am very Attorney-General for such a reference and builds upon pleased to be able to support the bill and the the jurisdiction of the Family Court growing beyond the amendments before the house. I commend the bill to notion of just marriage and divorce. On that point, the house. subsections (21) and (22) of section 51 of the Australian constitution make it perfectly clear that the Ms KOSKY (Minister for Education and commonwealth has the exclusive jurisdiction to make Training) — In summing up I want to refer to the laws with respect to marriage and divorce. It is perhaps amendments. As an addition to the very strong those provisions in the constitution that reflect what our legislation we already have in place the amendments COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

Wednesday, 10 November 2004 ASSEMBLY 1413 forefathers in drafting that constitution saw as being a constitutes a marriage in itself. Certainly the principal significant power that should be vested in the reason that this power has been sought by the commonwealth and should not be dispersed across commonwealth is to extend the Family Court states. jurisdiction to include the financial matters arising out of breakdowns of de facto relationships. One has only to read the Federation debates to see that there were obvious concerns about people cherry Although I have very little familiarity with the practice picking to avoid the Gretna Green situation where in the Family Court, from a personal aspect my mother, people cross borders; but the principal area that was who was a barrister, practised in the fledgling Family supported by all our founding fathers was the notion Court when she was at the bar and on a number of that our national Parliament should make laws with occasions I worked for solicitor friends of hers during respect to marriage and divorce. That was principally Christmas and other holidays in relation to the Family based upon the significance of the family as the basic Court. That jurisdiction was challenged on a number of building block of our society. It was certainly accepted occasions, one of which was the famous case of Russell by both sides of politics at that time, as is reflected by v. Russell, in which I think the couple was fighting over the views of people such as Edward Barton and Alfred a very minor piece of property — it was only a house. Deakin, who were on the protectionist side of politics; The issue was whether the commonwealth had power. and even George Reid and the Free Traders accepted It had jurisdiction in relation to marriage and divorce this as being an important power that should be given to but jurisdiction over property was always associated the commonwealth Parliament — that is, in relation to with a state jurisdiction. That matter was resolved marriage and divorce. ultimately in the High Court. The federal Attorney-General intervened in that proceeding, and the Those provisions were a reflection of the significance High Court unequivocally said that in relation to of the family as being the basic building block of our property in the dissolution of a marriage the Family society. At that time the vast majority — an Court had jurisdiction. overwhelming number — of families were the result of legally constituted marriages, and while we as a society In approximately 1986 there was a reference from all may have drifted away from that, this particular the state parliaments to the commonwealth in relation legislation addresses one aspect of that. The power in to children, notwithstanding the fact that those children relation to marriage and divorce was fundamentally might have been ex-nuptial children. Of course we based on the notion that the family is the basic building accept that it is a worthwhile extension of the Family block of society, which we as politicians still adhere to. Court that it consider the welfare of all children. As we My own party is quite strong on the position of a family all know, the principal way the Family Court deals with as the basic building block. It is a matter of some note children is to look at one criterion — that is, the given the current debate about human rights that even paramount interests of the child. Neither party — the United Nations Universal Declaration of Human husband or wife — nor any of the partners who may Rights in article 16(3) states: come before the Family Court has any absolute right to custody of the child, because that is based on the The family is the natural and fundamental group unit of paramount consideration of the interests of the child. society and is entitled to protection by society and the state. Recently a case that dealt with a child in custody — a Although that declaration was made in 1948 our refugee — extended the jurisdiction of the Family forefathers certainly demonstrated a very strong Court in relation to the welfare of all children, although commitment at the time of Federation — well in the application before the High Court was ultimately advance of 1948 — and certainly that declaration is dismissed on other grounds. Everybody would consider manifest in the referral of the marriage and divorce it to be a worthwhile extension that the interests of the power to the commonwealth. It is still an article of faith child become paramount and that it can be done in a that has been adopted by the United Nations, and the uniform way, whether they are children of a marriage Liberal Party supports it absolutely. or an ex-nuptial relationship.

As I said, the essence of this is a reflection of the Currently de facto couples have to rely on state laws for growing jurisdiction of the Family Court to the resolution of any property disputes. If there is some expeditiously, cheaply and in a rational way dissolve commercial aspect to it, then they may be able to avail disputes that arise out of the dissolutions of marriages. themselves of the federal jurisdiction, or at least invoke However, one has to say that it does not necessarily some parts of it, but most importantly their fundamental have to be about the dissolution of a marriage because property rights and financial issues would be dealt with this referral of power can be in relation to what by the Victorian courts. While a number of pieces of COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

1414 ASSEMBLY Wednesday, 10 November 2004 legislation set out the parameters under which they particular case the Attorney-General has chosen to would operate, this legislation is a worthwhile make that reference in relation to not only heterosexual extension and something that the commonwealth has de facto couples but also to same sex couples. sought. Importantly this is a matter entirely for the federal This is certainly a convoluted process. While at Attorney-General. As we know, in the federal university and when dealing with matters related to de Parliament the Liberal and Labor parties have a clear facto couples and the use by the courts of constructive and unequivocal policy, which is that same sex couples trusts, I found the process to be long and turgid. should not be incorporated into the marriage provisions. Everybody recognises that once a marriage has Accordingly it seems to me an excessive reference, but dissolved it is certainly in the best interests of all in any event it is a matter entirely for the federal parties, particularly the children, to resolve these Attorney-General. He is able to cherry pick the power matters as quickly, as expeditiously and in as amicable he wants out of the reference. That is a matter entirely a fashion as is humanly possible. The extension to the for him, and no doubt that debate will continue. What is jurisdiction of the Family Court is certainly worth more important is that New South Wales and while. Queensland have made the reference. Certainly I welcome the part of the reference relating to As I said, the 1986 reference in relation to children heterosexual couples. The other part is for a debate that resulted in a change in the jurisdiction of the Family will continue elsewhere. However, on this particular Court in 1987. That represents what most people matter the disputes of the three larger states in relation consider to have been a worthwhile change in our law, to de factos can be dealt with in the Family Court. As I whereas recently we have dealt with the constitutional said, the federal Attorney-General is able to cherry pick reference in relation to common-rule orders. That is not the reference and accordingly will enact that matter. necessarily as good as the reference in relation to children, and it certainly was not supported by both Again, it is a reflection of the importance of the family. sides of politics in this place. While none of us has a right to determine or prescribe how a family is constituted or how it operates, it is a However, as I said, the commonwealth reflection of the modern world that many families are Attorney-General requested the referral of powers from not necessarily constituted by a married couple but the states, and at this stage I understand that New South include those living in a de facto relationship. Wales and Queensland have already passed laws in Accordingly the extra power is certainly a worthwhile their respective jurisdictions to answer that call. The step. The other aspect of the reference is, as I said, a power to implement laws in respect of those two states matter for the federal Attorney-General. now resides with the commonwealth. I understand that Tasmania is yet to do the same, and I also In conclusion, there is a provision that enables the state understand — but perhaps I should not be quoted on to revoke that reference on three months notice, which this — that South Australia is having some difficulty notice only has to appear in the Government Gazette. about what reference it will make, if any. But one would hope that if it were revoked it would be done by way of writing to the commonwealth. One Western Australia has its own state-based Family Court would hope that that would never occur. This is system which operates as a state court. Many of its certainly what everybody would see as a worthwhile principles are very similar to those of the federal Family extension to the jurisdictional ability of the Family Court. Operating as a separate and distinct state court, Court to deal with the financial breakdown of a de facto the Western Australia Family Court does not have the relationship. same difficulties that we have here. One thing that I should have mentioned is that a As I said, New South Wales and Queensland have breakdown is not defined as death. That is still made the reference, and now Victoria is following suit. governed by state-based laws relating to wills, intestacy There is a reference in relation to the definition of or the administration of estates. Those few words de facto couples, and the Attorney-General has reflect a fundamental belief which the Liberal Party has indicated that that includes same sex couples. It has to and which certainly our founding fathers had, which is be compared with what happened in Queensland and that the family is the basic building block of society and New South Wales. Twelve months ago those states that it is certainly worthwhile to protect all aspects of a followed the request from the federal Attorney-General family, no matter how it is constituted. in relation to heterosexual de facto couples. There is certainly no mention of same sex couples, but in this COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

Wednesday, 10 November 2004 ASSEMBLY 1415

Mr RYAN (Leader of The Nationals) — This is What this legislation does is refer Victoria’s power over very important legislation. When I was in practise the property and other financial matters arising from the area of family law was by far and away the most breakdown of de facto relationships to the difficult in which to work. That was so because the commonwealth. It does not add or detract from the people involved were if not invariably then very often rights and remedies available to those persons, whether emotionally torn by the experience of separating. they were in heterosexual or same-sex relationships; Where that occurred it left a legacy of severe emotional instead it refers them to the commonwealth to be dealt scarring for all concerned, whether to a greater or a with in its jurisdiction, and specifically under the lesser degree. No-one got off scot free. Of course the banner of the family law legislation. ones who suffered in the first instance were the couple who were separating, they being either a married couple Of course the issue has been of much more importance or those who were in a de facto association. since the commonwealth superannuation splitting regime — which allows married couples to divide their We also saw the terrible circumstance of the children of superannuation interests in the event of a marriage those affiliations being caught up in the process of the breakdown, just as they do with other assets — split. Almost invariably whenever those sorts of strong commenced in December 2002. It is of more emotions were present the party whom you were importance in this particular instance, because the representing wanted you to take up the sword on their commonwealth will not allow amendments to the behalf and make a mark for them. superannuation industry supervision legislation to give effect to state legislation for the division of Often I found that the parties sought to pass on the superannuation interests in the case of de facto couples. elements of bitterness between them through whoever The commonwealth wants to keep all of that issue — was representing them and bring that to the proceedings relating to superannuation — under commonwealth that followed one of these unfortunate events. I say jurisdiction, so as to assure uniformity of treatment quite freely that I found the whole thing very taxing. I across all Australian jurisdictions. This will now be was involved in litigation for 15 or 18 years — or possible in the case of married and de facto couples. something of that order — but this area was by far the most difficult one in which to work, because you Currently disputes between former members of de facto simply could not do it on a clinical basis. With due couples can only be dealt with at a state level. What the respect to the people for whom you were acting, they attorneys-general of all states have jurisdiction to do is just would not allow you to do that. The work in which make this reference of power. As I said, that is a work you were engaged was such that it did not allow that to in progress in some respects and has been completed in happen. Accordingly anything that can be done to others. Victoria is now in transition. streamline the mechanisms to deal with the fallout from these unfortunate events is to be supported. This The reference is for both heterosexual and same-sex legislation is another step along the way. couples, but the commonwealth is only accepting the reference in terms of heterosexual couples; it refuses to As the member for Kew said, in 1986 issues relating to accept the reference for same-sex couples. The children from de facto relationships and their future Victorian National Party supports that position, which care were referred to the commonwealth. From that is essentially why it is not opposing this legislation. We time the family law jurisdiction has dealt with the issue. think the commonwealth is entitled to take the view it That was a great relief. It meant that the divorce itself has, and in the broad this view — certainly the tenor of and matters relating to the children could be it — was represented by us in the debates in this place accommodated within the Family Court. I think that regarding amendments to the 57 acts of the Victorian was a very good step to take in the interests of the Parliament that were amended as a result of initiatives parties, and in particular in the interests of the children. taken by the current government. Those amendments This is another stage along the way. To some degree the effectively equated the rights of de facto couples, be states are involved in transferring these powers, save for they heterosexual or same-sex couples. Western Australia, which has constructed its own system. The other states — as a broad summary — The practical operation of this referral will mean that have either referred the powers or are in the process of under the terms of the Family Law Act all matters considering doing that. Victoria is one of the states that relating to disputes pertaining to children and property, will be giving effect to that intention through this be they as a result of marriage breakdown or the legislation. breakdown of heterosexual de facto relationships, will be dealt with under federal legislation. That is a worthy COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

1416 ASSEMBLY Wednesday, 10 November 2004 aim, which will be achieved through the passage of this relationship, and presumably he would take the same bill. view about a same-sex relationship. It seems to us to be a logical consistency which ought to be accepted by the As has also been observed by the member for Kew, this federal government. If you accept de facto legislation can be revoked if Victoria wishes to take that relationships, you should accept them in all their forms. step; it is a sort of get-out clause, I suppose, to offer some solace to the state that it retains, in a sense, a say This inherent contradiction, which remains a part of the in the way in which these forms of legislation will federal Liberal government’s policy, was certainly not operate in the future. Furthermore issues regarding reflected in the debates that I was involved in with the intestacy will still be dealt with under state legislation; member for Kew and other members of the house when they will not be the subject of transfer to the Family it came to that fundamental reform package of our Court. With those few comments I confirm to the house government back in 2001. As I recall, essentially we that The Nationals do not oppose this legislation. had the support of the Liberal Party for that raft of reforms. It strikes me that we should be getting that Mr WYNNE (Richmond) — I rise to support the level of support not only for this referral of powers but Commonwealth Powers (De Facto Relationships) Bill. also in relation to the referral of powers in full. The I thank the opposition parties for their support of the referral refers not only to de facto couples but to bill. I will take up a number of points that were raised same-sex couples as well. by the honourable member for Kew in his contribution today. At a state level the Liberal Party has made quite a number of very significant statements in the gay and The legislation provides de facto couples with access to lesbian community and has on occasions taken out the Family Court in relation to financial and property full-page advertisements with banner headlines that matters. Currently with the breakdown of de facto read, ‘We’ll fight for you. How to contact your Liberal relationships, two different forums are required to state member of Parliament who will support you in resolve conflicts — the Family Court for custody relation to issues that confront same-sex couples’. They matters and state courts for financial and property are laudable sentiments from members of the Liberal matters. The state would argue that this division is Party. We have seen a number of active members of the discriminatory in a financial sense, as a duplication of Liberal Party at various gay and lesbian events, and I proceedings obviously results in a duplication of costs am sure some of them have deeply held views in to the parties. support of the gay and lesbian community. Here is an opportunity for the Liberal Party to clearly articulate in This is quite important. Since the commencement of a bipartisan way its support for the proposition the superannuation splitting for couples whose relationship Attorney-General has put forward to the federal has broken down the commonwealth has made it clear government — that is, that this very appropriate referral that issues concerning the division of superannuation of powers to the Family Court pertaining to de facto assets should be dealt with at the commonwealth level. relationships ought to pertain to all forms of de facto Uniformity between married and de facto couples will relationship whether they be heterosexual or same-sex be achieved through this referral of powers to the relationships. commonwealth. However, there is a glaring neglect of one very important group in our community, a group In his contribution the shadow Attorney-General has that the Bracks Labor government has not forgotten. sought to be vague at best about the Liberal Party’s The Howard Liberal government will not allow the position in relation to this referral. Does the Liberal same access for same-sex couples, and the Party support the government’s proposition that the discriminatory and in our view divisive policies of that referral of de facto relationships should be in its side continue today. entirety, that it should be both heterosexual and same sex relationships? The Attorney-General quite rightly referred not only heterosexual de facto relationships but also same-sex Mr Hulls — What is your view? relationships to the commonwealth government because, as the member for Kew indicated in his Mr WYNNE — The Attorney-General interjects contribution today, it is not for us to resolve to form a from the table to ask, ‘What is your view?’. As I view on the nature of a family relationship — and I am understand it from the member for Kew — and I am paraphrasing slightly what the member for Kew said. paraphrasing his contribution today — the position is Essentially, as I understand it, he suggests there is that it is not our place to dictate the nature of family legitimacy in a loving and caring heterosexual de facto relationships. What is the nature of a family COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL

Wednesday, 10 November 2004 ASSEMBLY 1417 relationship? That is a reasonable concept for us to bar — Robert Dean, over the same-sex relationship bill. accept, but by the same token the logical consequence I recall the many articles that were written about it, of that is that if we should not prejudge the nature of a including one that appeared in the Age of 24 March family relationship, it is quite wrong and quite 2001, which has a picture of the member for Brighton discriminatory of us then to be in a position where we and a picture of the former shadow Attorney-General, seek to prejudge the nature of a de facto relationship. with these words between the two photographs: The government rightly submits that a de facto relationship in this context is both a heterosexual and a The Liberals were so divided over the relationship bill this week that two of the supposedly like-minded Midsumma same-sex relationship. There is no difference in our Liberals, Louise Asher, left, and Robert Dean, right, had a view. As a distinguished member of the bar in a past verbal brawl about it in public. life, I would have thought that the member for Kew, and his party, would have accepted that fairly They sure did. Not only that, but I would have thought fundamental precept of human rights. that this would have been a great opportunity for members of the Liberal Party to come in here and, one Unfortunately we do not have any clarity on that matter after the other, give their wholehearted support to the from the opposition. It certainly supports the referral of gay and lesbian community in Victoria. I recall an powers, and we obviously welcome that. We are article appearing in the Herald Sun of 17 October 2000, seeking a clear and unambiguous statement from the when the then Leader of the Opposition, now the Liberal Party that it supports the referral of powers in member for South-West Coast, made the position quite full, and that it will join with the Attorney-General to clear in an article headed ‘Liberals seek gay, de facto further arm him in his regular discussions at the couples’, written by John Ferguson, which states: Standing Committee of Attorneys-General and in what I am sure are the regular free and frank discussions he Gay and de facto couples will be courted by the Liberal Party as part of a membership drive. has with the federal Attorney-General, so he can go from Victoria and say that we have a bipartisan position The party’s administrative committee will examine three key that the referral of powers to the Family Court pertains motions calling for membership forms not to discriminate to both heterosexual de facto relationships and against unmarried couples. same-sex de facto relationships. It would be a logical I do not want to put words into the mouth of the Acting consequence of all of the reform work that has been Speaker, but I am quite sure that he wholeheartedly done by this Attorney-General and by the state supported then and now supports the drive by the government. That was a massive package that ended Liberal Party to attract members of the gay and lesbian such fundamental discrimination against same-sex community into the ranks of that supposed broad couples in this state. church of the Liberal Party.

It was a Labor government that put that reform into The ACTING SPEAKER (Mr Smith) — Order! I place, and that is widely recognised. This is the logical would prefer that you not put words into my mouth. next step, and we seek the support of the opposition parties in a bipartisan way to support the full referral of Mr HULLS — He says, shaking! This was a great de facto couples in all forms to the Family Court. I opportunity for members of the Liberal Party to stand up commend that proposition to the house. and support the gay and lesbian community of Victoria. The bill is about advancing the reform work that has Mr HULLS (Attorney-General) — In summing up I already been undertaken by the Bracks Labor endorse the words of my colleague the member for government in relation to ending discrimination against Richmond. I thank the shadow Attorney-General for his people based on their sexual orientation. Already we support of this bill, but I wonder where all the other have amended some 57 pieces of legislation to finally Liberal and Nationals speakers are in relation to this end discrimination against people based on their sexual matter. I vividly recall the attempt by the Liberal Party orientation. How can we kid ourselves that we live in a to court the so-called pink vote some time ago. democracy when until the Bracks government came into office we still had some 57 pieces of legislation that I also recall the unsavoury brawl that took place on the deliberately discriminated against people based on their back veranda just metres from where I am standing sexual orientation? We did finally pass the legislation now. If I took about 20 steps to my left — and some and ultimately there was bipartisan support, but not people say that I should do that — I would be on the before there were some unseemly blues within the ranks veranda where quite some ago there was an unseemly of the Liberal Party. I would have thought that we now brawl between the member for Brighton and the then have a united Liberal Party on this particular issue, but shadow Attorney-General — now I presume at the ELECTORAL LEGISLATION (AMENDMENT) BILL

1418 ASSEMBLY Wednesday, 10 November 2004 no-one is prepared to speak on it except the shadow I know the shadow Attorney-General’s background. I Attorney-General, and when he is asked why it is — — know the work he did at the bar. I would not go overboard, but I actually have a bit of admiration for the Mr McIntosh interjected. shadow Attorney-General. I know that when the former Attorney-General, who has just walked into this place, Mr HULLS — Of course he supported it, and I advocated for mandatory sentencing, deep down he did appreciate that, but when he is asked whether — — not believe in it. I also know that the current shadow Mr McIntosh interjected. Attorney-General, when he is forced to go out there and be a mouthpiece for his party on issues such as Mr HULLS — Now he is saying he did not support mandatory sentencing, does not really believe in it it, but he did not oppose it. He is even walking away either. The fact is that he has some decency. from this piece of legislation at a million miles an hour. This is all about that last piece of discrimination — that Mr Perton interjected. is, referring to the commonwealth government, because Mr HULLS — No, I am talking about the current it has asked for the referral, legislation allowing the shadow Attorney-General. He has some decency and I federal government to legislate to end discrimination have no doubt that if he were allowed he would be against all de facto relationships, heterosexual or gay joining with me, travelling to Canberra and lobbying de facto relationships, in relation to property matters Philip Ruddock to accept both aspects of the reference. and getting them out of the Supreme Court jurisdictions Sadly, it appears that he has not the guts to do it. That of each state and allowing the Family Court to deal makes him a lesser person for that. He has walked away with these matters. It is more cost effective, efficient from the bar, come into this place and left his shingle at and accessible. This reference will enable the federal the door — and it looks like he has left his soul at the government to do that. The reference is in two parts. It door as well. He should be supporting us on this relates to heterosexual de factos and also same-sex reference. He should lobby as hard as he can to end de factos. I have been urging the federal government to discrimination against people based on their sexual take up both parts of the reference. orientation.

When he is asked about it across the table, ‘What’s We have put our money where our mouth is. We have your stand on this, Mr Shadow Attorney-General? Are changed 57 pieces of legislation. Now we are giving a you prepared to join with us and lobby the federal reference to the federal government in relation to this government to accept both parts of the reference?’, his matter. I hope the shadow Attorney-General changes interjection, which may or may not have been picked his mind and when the bill is between the two houses up by Hansard, is, ‘It’s a matter for Philip Ruddock’ — he will write that letter to Philip Ruddock. If he wants the federal Attorney-General. That is just not good to keep it quiet, I will not tell anyone. enough. Either he is prepared to stand with the Bracks government and support an end to discrimination Motion agreed to. against people based on their sexual orientation or he has this weak-kneed, jellybacked, ineffective approach Read second time. that really does not take a stand. We are in this game to take a stand on issues. Remaining stages

We are elected by our constituents to get into this place Passed remaining stages. and make some fair dinkum decisions, not just go weak at the knees or become jellybacked when there is an issue that might be offensive to some members in the ELECTORAL LEGISLATION community. The fact is that this is the right thing to do. (AMENDMENT) BILL The fact is it is the democratic thing to do: either you Second reading support an end to discrimination against people based on their sexual orientation or you do not. The best way Debate resumed from 14 October; motion of for the shadow Attorney-General to show his support is Mr HULLS (Attorney-General). to stand up in this place, join with me and say he is going to lobby Philip Ruddock and his other federal Mr McINTOSH (Kew) — The bill has three colleagues and urge them to take up both parts of the principal parts. The last aspect, on which I will spend reference. Otherwise what he is really saying is that he most of my time, the provisions for a redistribution is prepared to allow that discrimination to continue. which is to be entrenched by virtue of an amendment to ELECTORAL LEGISLATION (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1419 the Constitution (Parliamentary Reform) Act, is a as a homeless person. Alternatively the second category matter of real concern to the Liberal Party. asks if you have next of kin, parents, siblings or even a wife who is enrolled somewhere else. The third Clause 3 inserts in the Electoral Act a provision that, category asks where you were born and where you according to the government’s briefing, makes it grew up. Accordingly there is a whole chain of perfectly clear that homeless people may be entered on questions that you can go through to respond to this. the commonwealth roll as itinerant voters and as a result will be eligible to vote in a state election. It is a All this raises the question of why we need to make this curious provision, because what the government is amendment in the first place. We are told this approach attempting to do is define a homeless person. of using an abundance of caution will make it perfectly clear that homeless people have a vote in Victoria, The definition of a homeless person and the issue of notwithstanding the fact that the practical reality is that homeless people voting are not things that cause the homeless people do have a vote in Victoria because opposition any concern, but it is the technical matter they are able to be enrolled as itinerant voters. I would that is of concern. We are told by the Attorney-General have thought that the far more significant matter of that he is making this amendment to make it abundantly concern — and the Attorney-General has told us there clear that homeless people are able to be enrolled as are some 20 000 people who are homeless from time to itinerant voters on the commonwealth roll. Firstly, and time — is that we have such a large number of people this is something we raised at the briefing, I am unable who are homeless. But having said that, they are to see how a state law could bind the commonwealth in eligible to vote. I would have thought that enrolling to relation to its definition, or an extension of its vote may not be high on their list of priorities, given definition, of ‘itinerant voter’ to include homelessness. that they are probably looking for a roof over their head That is the legal matter, but as a factual matter homeless on a night-to-night basis, and that resources would have people currently can be enrolled on the commonwealth been better spent on an education campaign. However, roll as itinerant voters. that is a matter for the Attorney-General in carrying out his role. I have checked the web site of the Australian Electoral Commission in relation to itinerant voters. ‘Homeless’ A joint parliamentary committee is set up after every is the principal category of persons who are itinerant federal election. That apparently reported that the voters. The reason is that while an itinerant worker — a meaning of an itinerant voter should be clarified in the fruit picker, a shearer, a truck driver, who might be commonwealth act. It would certainly require an considered an itinerant worker, or someone like that — amendment to the commonwealth legislation, not so may live for a substantial amount of their time away much the state legislation. It seems to me a cosmetic from home, they have a home and may be registered in change without any substance in either fact or law, their home electorate. This is not covering those sorts of given the fact that it seems to be abundantly clear that people. This is about people who do not live at any anybody who is homeless is enrolled to vote. Apart identifiable location. Homelessness falls right within from that, of course the Liberal Party supports the that category — and for the Australian Electoral franchise for every adult in this state and every adult Commission, that is a category of itinerant voter at the being eligible to vote. present time. With an abundance of caution my office spoke to representatives of the Australian Electoral Mr Jasper — And compulsory voting? Commission. The commission indicated that homelessness is a category of itinerant voter as things Mr McINTOSH — Indeed, compulsory voting as presently stand. In both fact and law this amendment well. It would seem that the vice that this amendment will have nothing more than a cosmetic aspect to it. seeks to address is not significant. If it does exist as a vice, it is more to do with the lack of information or a Importantly there is a detailed response from the lack of a desire or sense of importance among those electoral commission in relation to this matter to answer people who are homeless. the obvious question — which electorate do you go to? There is a descending order. The first category asks, The second part of the legislation deals with technical ‘Where have you been previously enrolled?’. amendments, as they are called in the explanatory Notwithstanding the fact that you may not be living in a memorandum, to the Electoral Boundaries Commission home or fall within the definition of a homeless person Act. This again replaces words, so that where the word in the amendment that we are putting through today, if ‘commissioner’ appears, given that that is now otiose, it you had been enrolled previously then that would be the is replaced with ‘commission’. It also implements a principal area where you would be likely to be enrolled mechanism that enables the electoral commission to be ELECTORAL LEGISLATION (AMENDMENT) BILL

1420 ASSEMBLY Wednesday, 10 November 2004 a lot more open to public discourse. It enables the to take place if 30 per cent of regions — the new calling of public hearings or meetings where people can regions as opposed to provinces — or 27 districts, be encouraged to attend and to put their particular which is about one-third of the number of seats in this views about a redistribution and provides the ability to place, deviates by more than 10 per cent for longer than take submissions, suggestions and objections from a two-month period. Equally, if 25 per cent deviated by members of the public. 10 per cent for a two-month period and another 5 per cent — on top of the 25 per cent — deviated by plus or Again, these are just machinery amendments to reflect minus 20 per cent for a two-month period, that would the changes we have already dealt with. Accordingly, be sufficient to initiate a redistribution. those technical changes are supported by the Liberal Party. In relation to the two matters — the None of these mechanisms cause the Liberal Party any homelessness and the technical amendments to the concern whatsoever, nor does the definition of the Electoral Boundaries Commission Act set out in quota where, for want of a better description, you just part 3 — we support those necessary changes. take the total number of people eligible to vote at a particular time and divide it by the number of seats in The area which causes the Liberal Party a substantial this place and that becomes your quota for establishing amount of concern is part 4 of the bill. We are told in whether there is a deviation greater than plus or minus the explanatory memorandum — and it was made clear 10 per cent. Once a redistribution is called, there are at the briefing — that there had to be a degree of clarity provisions which relate to the date upon which the in relation to the way redistributions will occur. A commission is to begin the process of redivision. The representative from the Victorian Electoral reason that the redistribution is being triggered — Commission said it supported the idea that these whether it is two general elections, the number of seats changes would be appropriate to delineate a much being changed or a deviation — has to be set out, along stronger statement of when and how a redistribution with the quota which is going to be used in an will occur after the next state election. The Liberal upcoming election for determining the basis of that Party has no difficulty with the particular provisions redistribution. I was very pleased with the briefing we and would ordinarily support them. The problem I have got from the department. There appear to be no nasties is they are effectively mechanical provisions which set included. Basically it will be based upon 11 lower in place a mechanism for a redistribution. house seats for an upper house region — whether you have exactly the same number of lower house seats in Both sides of politics — in fact I would imagine every each region will depend upon the population and the single member in this place — would understand the redistribution, but it will still be based on 11 lower necessity of having redistributions on a regular basis. house seats. The regime implemented here, although a bit more technical, would certainly reflect our common I would like to emphasise that there is nothing in this understanding of a redistribution. Of course a bill that causes the Liberal Party any concern redistribution, which would have to take place after whatsoever. It seems to be sensible; it seems to be a every second general election or following any of the necessary amendment. What the Liberal Party is other trigger mechanisms I will go through in a violently opposed to is the entrenchment of these moment, must be done two years out from the next provisions. Even accepting the Constitution state election and not later than 18 months before the (Parliamentary Reform) Act which profoundly changed next general election. This is after the next state the way our Parliament is to be constituted, given that election; and because of the operation of the that legislation is now entrenched in our constitution Constitution (Parliamentary Reform) Act that is now and to alter it would require a referendum, what I think fixed in stone so those dates will become quite clear. is really very dumb is to entrench what are essentially Essentially, if the number of electorates is changed — mechanical provisions. These things may change or if, for example, it is sought to change the number of may alter; they may adapt over time. The last thing we seats in this place up or down — that will trigger a need to do is to entrench these provisions and make it a redistribution. very costly exercise to change them. It would be a very long process by way of a referendum, and given the Secondly, there will have to be a redistribution if there history of referendums in this country there could be a have been two general elections since the last real risk that even sensible changes would not get redistribution. That is worth while just to reassure through. everybody that the process is providing one vote for every adult in the state — one vote, one value. There is It seems to me to be idiotic to fix in stone a mechanical also a mechanism which would enable a redistribution provision setting in place what both sides of politics ELECTORAL LEGISLATION (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1421 would probably accept as being an appropriate of the debate and rectified while the bill was between mechanism for redistribution. It seems absurd. This houses. provision could still be entrenched and unable to be changed in 100 years time. It might be considered quite I am concerned about mechanical provisions like this. It unacceptable in 100 years time to have a deviation of is one thing to entrench provisions relating to the way plus or minus 10 per cent as the basis for triggering a this Parliament is constituted in our constitution, but it redistribution. It may be that 2 per cent or 5 per cent is is a different matter to entrench basically enabling and considered to be a much more acceptable figure, but mechanical provisions which empower the Victorian given the past history of referendums in this country it Electoral Commission to operate in a particular way. I could be very difficult to change this provision. think that is idiotic, and I would be very surprised if the electoral commissioner has asked for these matters to Equally, the mechanism for determining a quota may be entrenched in the way they are set out here. Having slightly change, or indeed the relevant period. As we said that, the entrenchments provisions cause the know, the electoral commission will come back at the Liberal Party the most concern, because of the reasons I end of each election and say it requires a bit of have outlined. tweaking of the electoral process. For example — and it is not totally relevant to the bill — I understand that the It is still very much a moot point as to whether, as a electoral commission has sought an amendment to the matter of constitutional law and because of the Electoral Act in relation to closing the roll on the very constitutional make-up of this country, there is a power day the election is called. Under the current regime the in this place to change laws and entrench them in the roll closes seven days later. The point made by the constitution if they do not deal with the constitutional electoral commission is that it would make it a lot power and procedures of the Parliament itself. In easier to conduct an election in the short time frame relation to the Electoral Boundaries Commission and prescribed in the Constitution (Parliamentary Reform) mechanical or enabling provisions like this, I very Act if the roll closed on the day the election was called much doubt whether there would be the power to rather than waiting the seven days. Given that we know entrench them in any event. Let us hope that a the precise date of the upcoming election, it seems to subsequent Parliament is not going to be bound by me the electoral commission could go through its usual these entrenching provisions. Let us also hope that if it process of advertising that matter. It seems to be idiotic goes to the High Court it will be dealt with to entrench these mechanical amendments. expeditiously and in a bipartisan way. This will necessarily have to be amended after every election, There is a final aspect to this entrenchment provision. because machinery amendments will be sought, We have seen with the drafting of the government’s changed and adapted. It is idiotic, it is undemocratic, it legislation, let alone in relation to the Constitution Act, is stupid and it is ridiculous, and accordingly the that the government has been known to get it wrong. Liberal Party is going to propose a reasoned We have dealt with a sensible amendment to the amendment to this bill. I therefore move: Teaching Service Act proposed originally by the Liberal Party in general terms. Amendments come That all the words after ‘That’ be omitted with the view of inserting in their place the words ‘this house refuses to read around all the time! There were some three pages of this bill a second time until the government confers with all amendments to the Constitution (Parliamentary political parties, Independent members of Parliament and Reform) Act because of typographical errors and the other persons interested in the electoral process with a view to implications in relation to local government. Had the developing an acceptable model by which the Electoral Boundaries Commission conducts redistributions without amendments not been made changes to the dog or entrenching mechanical provisions into the Constitution Act health acts may not have been able to be effected and 1975 in a way that makes it difficult to adapt to future may instead have required a referendum because they changes of circumstance or to correct errors or unforeseen touched on and concerned local government, which is consequences’. now entrenched in our constitution. My reasoned amendment reflects a practical solution to The amendments came in on the night before we were these matters. We have no difficulty with what is said due to debate this bill in this place — not as part of the here in black and white; our concern is that it is going lead-up to discussions but on the night before the to be entrenched for all time. It may therefore entrench debate. Indeed on the very day we debated it there was a mistake, it may entrench an unforeseen consequence a typographical error in the Constitution (Parliamentary that we have not thought about or it may entrench Reform) Bill which could have had serious something that needs to be changed with the effluxion consequences but which was pointed out in the course of time. It also does not represent the flexibility we need in this place to properly conduct elections. ELECTORAL LEGISLATION (AMENDMENT) BILL

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Accordingly, I ask every member to support this electoral commission in looking at redistribution and reasoned amendment. The model is likely to be the need for redistribution. However, I must put on accepted on its current terms; it is simply the record my concern about the pressure which was entrenching provisions that cause us the most concern. implemented by the 1982 legislation for one vote, one value and indicate to the house my concern as a country Mr JASPER (Murray Valley) — I am pleased to member of Parliament about the difficulties of trying to make a contribution on behalf of The Nationals to the represent a huge area compared with someone debate on the Electoral Legislation (Amendment) Bill. I representing an electorate in metropolitan Melbourne, noted the comments made by the member for Kew on which may be only a very small area and which you the legislation and the reasoned amendment he has put and I, Acting Speaker may be able to walk around in a forward on behalf of the Liberal Party. As I often day. Try walking around my electorate of Murray comment when I am lead speaker on legislation, I Valley in a day — and most other country indicate that The Nationals have undertaken electorates — and you will have difficulties. investigations into the legislation, in particular a member for North Eastern Province in another place, I raised this issue with a former Deputy Premier of this the Honourable Bill Baxter. We have all had place, the honourable Robert Fordham. I said that if you discussions on the provisions in the bill before the were going to have one vote, one value, it would really house. discriminate against us as country members in representing our electorates and representing them I note that the purposes of the bill are to provide for the fully. His response to supporting one vote for one value enrolment of homeless persons; to provide greater was to say, ‘We would give you extra staff. We would certainty in triggering redistributions; to cement one look after you as a country member by giving you vote, one value in the legislation by entrenchment; to additional staff to assist you with the constituent make further minor amendments to effect inquiries and to assist you in meeting constituents and administrative changes; and to require objections and attending a range of functions across the electorate’. suggestions to a proposed redistribution to be made What I responded to him was that the person the people public. The Nationals support many of the provisions in want to see is the member. They do not really want to the bill — for instance the enrolment of homeless see a representative of the member; they want to see the persons, which generally mirrors the provisions in the member of Parliament at the function they are federal legislation and seems to be practical as far as we attending. are concerned. It also provides that whilst a person could give their previous address for electoral reasons, Only last week there were two functions on the same after being in a permanent place for more than one night in my electorate that I wished to attend. Had I month they would then be required to register lived in a metropolitan electorate I would have gone to permanently at that address. those two functions because in a small area you would be able to do it. One of those functions was at Cobram I also note the changes to some of the terminology. on the western end of my electorate, and the other Whereas in the past the reference has been to ‘electoral function was in Wangaratta. Indeed I sought to try to go provinces’, the reference will now be to ‘regions’ to to those two functions because I felt it was my duty as reflect the changes in the election of members to the the member to attend them both. In fact it was Legislative Council. The reference to ‘electoral impractical, and I had to send an apology to the districts’ continues. ‘The commissioners’ will now be function in Cobram, which was an annual dinner called ‘the commission’. The Chief Judge of the conducted by the development committee. It is a dinner County Court, or his or her delegate, the electoral always attended by over 200 people — leading people commissioner and the Surveyor-General will form the and other people — within the Cobram area. I have new commission, which is encompassed in the been there every year and have never missed over all amendments which are before the house. the years I have been in Parliament. On this occasion I had to apologise because of the other function I had In my contribution I will refer to my concerns in agreed to attend — a 25-year anniversary celebration of relation to the electoral districts which operate in Classic Cabinets, a very important business in Victoria and the changes which have been implemented Wangaratta — and I was to be there as the speaker. It over the years that I have been a member of Parliament. was impossible for me to attend those two functions. Of course since I have been in the Parliament I have The organisers apologised for me at the function at seen a redistribution of boundaries in 1985, a Cobram, and I made sure they put in a profuse apology, redistribution in 1992 and a redistribution in 2002, and I am very much aware of the actions taken by the ELECTORAL LEGISLATION (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1423 but many people later indicated to me their to the electoral commissioner and request an analysis of disappointment that I was not able to be in attendance. the length of time provided for pre-polling. I suggest that one week would be adequate for pre-poll voting, I indicate to the house the concerns of country members and people who were not able to vote on polling day of Parliament when we look at one vote, one value with would be able to lodge a pre-poll vote or postal ballot. I no compensation being given for the large areas that we put on the record my concern about people using seek to represent and the difficulty we have in trying to pre-polling as a convenience not to vote on polling day. adequately represent a huge country electorate and attend functions or activities right across the electorate. Another issue I also want to place on record is my It is much simpler and easier for a person representing a strong support for compulsory voting. There have been metropolitan electorate. Suffice to say that I lost the suggestions that we should introduce into Australia a argument in speaking to Robert Fordham, and he even system where we do not have compulsory voting, such went to the extent of saying to me, ‘You would be as the system in many countries like the United States representing livestock across your electorate if we took of America and Great Britain, to take two examples. into account the sort of provision you are suggesting’. My belief is that by having compulsory voting you force and encourage people to take an interest in That was not what I was really saying. What I was politics and vote on the day. saying was that there should be a weight given to country electorates with a lesser number of voters to It was interesting that in the recent United States take account of the size of the area being represented. elections they had the highest number in history of But what was implemented in the 1982 legislation by people voting. It seems that they did so on the basis that the Labor government at that time was to seek to it was a crucial election and there was a huge interest in implement the one vote, one value and indeed to seek to the two candidates for presidency. People were limit the difference in the numbers of people in encouraged to enrol and vote. That is what we should electorates to no more than 10 per cent either way. That be doing: encouraging people to vote. I put on record is the way it has been over the years that I have been in again my strong support for the compulsory voting the Parliament. system we have in Australia. I will admit that it is not supported by all parties, but The Nationals do support That situation is a difficult one, certainly for country the compulsory voting system. I indicated that The members, and I put it on the record because I believe all Nationals supported some of the provisions contained members of Parliament need to understand the in the legislation such as the registration of homeless problems we have as country members in representing persons to vote; some of the minor administrative a large area and a large electorate and in being able to changes; and also the requirement that when a give to that electorate that full service which the voters redistribution is being undertaken the information and the people would have us achieve. provided by way of submissions is made more public, and that people should be able to make verbal Another issue I want to put on the record is my concern submissions, also in public. about the extension to pre-polling which has been implemented in recent elections across Victoria and in The issues that The Nationals have some concerns the recent federal election. We have a situation where about are the changes being implemented, moving pre-polling places are established two weeks prior to away from the current system where a redistribution is the election and people are able to vote for up to two not required unless enrolments do not comply to a weeks at these pre-polling places. In my electorate of substantial extent. Those are the critical words in this Murray Valley there were two pre-polling places open legislation — ‘to a substantial extent’. The phrase ‘to a for two weeks, and unfortunately what is happening substantial extent’ is not defined, and it has been up to now is that many people are using them as an the government of the day and the electoral commission opportunity to vote early. They do not want to go to a to decide if there is a greater variation in the electorates polling booth on the day because there may be a crowd, beyond the 10 per cent quota — that is, where there are but this way they can get in and out quickly. too many or there has been a reduction in the number of voters, they could call for a redistribution. The old reasons for people lodging a postal ballot or a pre-poll vote was that they were not in the electorate on As I have indicated, since I have been in Parliament the the day or they were not in a position to be able to vote redistribution has occurred after two elections, and on satisfactorily. Now we are finding that people are using one occasion after three elections. That does give some the pre-poll option as a convenience to vote early, and I flexibility and the electoral commission would then find suggest that the government should look at this and talk itself in a position to assess the situation and say, ‘Yes, ELECTORAL LEGISLATION (AMENDMENT) BILL

1424 ASSEMBLY Wednesday, 10 November 2004 we do need a redistribution because of the great whether they represent particular parties or are variation in the number of voters which has occurred’. Independent, are able to have input into the proposed And it does occur, particularly in outer metropolitan changes in respect of when a redistribution takes place, Melbourne where there is a bigger increase in the the provisions in relation to that redistribution, and the numbers of people living in those areas, necessitating a restrictions that are being placed on the electoral redistribution. The Nationals are not opposed to commission itself when it needs to call for a redistribution as such, but I concur with the comment of redistribution. the member for Kew, who said that we do not want this set in concrete. We need to have some flexibility in In closing, I indicate that redistributions are needed. looking at when a redistribution should be called. The Nationals are not opposed to a redistribution when Perhaps the parameters could be set, as we have in the the basis for that redistribution is that there have been current legislation, but they should not be set in changes in population. I reiterate our concern for concrete so that there is no flexibility in being able to country members of Parliament with the look at where a redistribution should be undertaken, implementation of the one vote, one value system and also the numbers that should be taken into account included in legislation in the early 1980s. What we when doing this. should be doing is looking at some way of assisting country members to provide the best possible service This legislation proposes that a redistribution would they can offer to their constituents, and so that they are take place after every second state election, or when at able to provide a service equivalent to that which is least 30 per cent of districts or regions have fallen sought to be provided, and is provided, by most outside the 10 per cent tolerance range for a minimum members of Parliament representing people living in of two months, or when at least 25 per cent of districts metropolitan Melbourne. have been more than 10 per cent outside the average for a minimum of two months and at least 5 per cent of The Nationals will be supporting the reasoned these electorates have been more than 20 per cent amendment put forward by the Liberal Party. I look outside the average for a minimum of two months; or, forward to further contributions on the amendment and finally, if there is a change in the number of electoral indicate to the minister at the table, the Minister for districts or regions. This could happen, of course, but it Agriculture, that consideration should be given to the would have to be by a bill being brought before the reasoned amendment. Further consideration could then Parliament and passed. be given to the legislation that is before the Parliament, and input could be received from all parties and all The Nationals have concerns about these changes that members of Parliament who may wish to make a are to be implemented. We also have concerns about contribution to this important debate about an important the fact that the provisions regarding a redistribution are part of the electoral system that operates in the state of set in concrete and that that can create disadvantages. Victoria. More importantly, the changes do not provide the flexibility for the electoral commission to be able to Mr LIM (Clayton) — I welcome the introduction of appropriately assess when a redistribution should take this bill, the purpose of which is to amend the Electoral place, or give it some ability to look at the redistribution Act 2002, the Electoral Boundaries Commission Act and implement it when it is absolutely clear that that 1982 and the Constitution (Parliamentary Reform) Act needs to be done. 2003.

I reiterate that members of The Nationals support many It is pleasing to note that the opposition is not opposing of the provisions in the legislation, but express concern the bill as such. I also note with satisfaction that the about the changes to be implemented, particularly in opposition appears to be very happy with the respect of the redistribution and the restrictions that are consultation process. Therefore for the life of me I being placed on that, and the one vote, one value that is cannot understand the relevance of the reasoned being included within the legislation. The Nationals amendment. Many of the bills that have come before support the reasoned amendment put forward by the this house have excited considerable controversy — we Liberal Party because it is logical, and on the basis that have had newspapers filled with headlines applauding members do need to further consider these issues. We or denouncing the ideas contained in them and lobby also need to have further consultation. There has not groups pestering members with phone calls, letters and been appropriate consultation with all parties so that emails — but this bill is not one of those. This is one of there can be input into the proposals put forward by the those housekeeping, administrative bills that do not government. Agreement could be reached if we worked excite much interest. It is not sexy, and nobody quite hard so that all parties and all members of Parliament, understands what it is about. It is the parliamentary ELECTORAL LEGISLATION (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1425 equivalent of the quiet, inoffensive public servant who certainly dubious enough in past years for a new does his or her job in an efficient, competent and political term to have been coined. In 1812 Governor honourable way — someone like Mr Wantanabe in Elbridge Gerry signed off on a bill rearranging district Japanese film director Akira Kurosawa’s 1952 lines to ensure the Republicans had an advantage in the masterpiece, Ikiru. coming senatorial elections. The resulting boundaries so resembled a salamander in shape that the newspapers What many people do not realise about bills such as promptly ran the name of this amphibian together with this is that they are the bricks and mortar of our the governor’s name to create the new political term democracy and the underpinning of the whole ‘gerrymander’. It is not only the United States of parliamentary process. I suppose you, Acting Speaker, America that has seen the establishment of and I have a lot in common in this respect, in that you gerrymanders. We had a notorious one for many years come from Latin America and I come from South-East in Queensland that saw the Bjelke-Peterson Asia, particularly from Cambodia, where we have a government elected for term after term with a minority tumultuous tradition as far as democracy is concerned. vote. A key purpose of this bill is to prevent these sorts of political shenanigans and to strengthen our I do not propose to go into the chaotic times that democracy by reinforcing that fourth leg to which I Cambodia has been through in the past 10 years, but I have already alluded. make the comment that the mark of a democracy is often said to be the degree to which it manages to The background to this bill is that the electoral achieve a proper separation of powers, the three commissioner wrote to this government in 2003 asking elements of which are the judiciary, the executive and for several minor technical amendments to the Electoral the legislature. I like to think of these as the three legs Boundary Commission Act. This amendment was on which our great parliamentary democracy stands. suggested by the Electoral Boundary Commission in its reports on the redivisions of the Victorian electorate in We Australians may have blurred the distinction 1990–91 and 2000–01. between the last two in recent years, but we can take some comfort in the fact that at least democracy in As I am sure members are aware, electoral boundaries Australia has a fourth leg to stand on — that is, the in Victoria have since 1982 been established by the independence of the electoral process. This was very Electoral Boundary Commission under the Electoral much pointed up during the millennium year Boundary Commission Act. The role of the presidential elections in the United States of America, commission is to divide Victoria into electoral when the electoral process in that country was mired in provinces and districts, with the aim of ensuring that the controversy. It is almost unbelievable to us in Australia provinces and districts are all of approximately equal that the United States tolerates its elections being population size. With population movements and conducted by local organisations of doubtful political changes such as the remarkable growth in population independence and under rules that vary widely, even taking place in Melbourne’s south-eastern corridor, the within the same state. boundaries have to be changed from time to time to keep things fair and equal. What happened there reminds me of how corrupt the electoral process has been in Cambodia and that for the The bill sets out the conditions under which the last three elections we have had international observers commission must conduct a redivision. I do not propose make pronouncements about whether the elections have to cover that, because previous speakers have already been transparent, fair and free. been through that. The bill further specifies that the redivision must be based on a quota for regions and a In the United States of America there are no electoral quota for districts, determined by dividing the number commissions, there is no standard layout for ballot of electors as at the end of the month preceding the papers and there is no standard method of determining notice of the redivision by the number of regions and what is a valid vote. The resulting disputes after the districts respectively. 2000 election — with no standardised resolution procedures such as we have here and no court of In line with the Bracks government’s commitment to dispute returns — led to a degree of bitterness and open democracy the bill also makes the redivision rancour which continued into the 2004 election and process completely open and transparent. As things which has no precedent in Australia. currently stand, suggestions about and objections to the commission’s proposed boundaries are not made I am not sure what the process is nowadays for setting public. The bill will make all such comments and political boundaries in the United States, but it was transcripts of oral submissions public documents that LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1426 ASSEMBLY Wednesday, 10 November 2004 are available for inspection. The bill further strengthens The purpose of the bill is to amend the Liquor Control the democratic process by specifying that the Electoral Reform Act. The bill will make various changes Boundaries Commission, rather than the responsible concerning under-age drinking, enhance the minister, must now provide a redivision report to enforcement powers of members of the police force Parliament, members of Parliament and the central plan under the act, increase the penalties and widen the office. categories of infringement notices offences, and improve the general administration of the act. The main The bill also clarifies the eligibility of homeless people provisions of the bill provide that a minor may be to enrol as itinerant electors. The homeless are a present on licensed premises if he or she is in the significant group within Victoria: during the 2001 company of a responsible adult. The bill inserts an census over 20 000 people were reported to be additional category of premises that must be licensed. It homeless in this state. Of these, it is estimated that as clarifies that the offence relating to minors being many as 90 per cent did not vote in the last state present on premises does not apply where minors are election. In order to clarify the application of the employed. It establishes a new body called the Liquor commonwealth itinerant elector provisions to homeless Control Advisory Council to advise the minister on people in Victoria, this bill specifies that references to problems of alcohol abuse, and it allows a licensee to persons entitled to be listed on the electoral roll as supply liquor by vending machines subject to the itinerant electors shall include homeless persons. approval of the minister. It increases the maximum fine that the Victorian Civil and Administrative Tribunal This bill will strengthen our democracy by reinforcing may impose and requires a licensee to provide a current the complete separation of the process of establishing plan of the premises. electoral boundaries from the government of the day. It will also strengthen it by ensuring that no voter need The opposition has circulated and will move an feel that they are denied a vote because of their lack of amendment to provide that alcohol vending machines a permanent abode. I commend the bill to the house. not be allowed into this state. Currently there are no machines in Victoria, and this legislation introduces Debate be adjourned on motion of Mr CLARK them by a backdoor method. It would be smart for the (Box Hill). government to agree to the amendment because if the Debate adjourned until later this day. government is serious about stopping under-age drinking, then this legislation does the reverse. It does not take too much intelligence to realise that alcohol LIQUOR CONTROL REFORM vending machines will mean an increase in the number (UNDERAGE DRINKING AND ENHANCED of under-age drinkers in this state. As I said, at present ENFORCEMENT) BILL the legislation is silent on machines, and this bill introduces the machines into this state. If the Second reading government is serious and supports the amendment, I will applaud it for doing so; if not, this legislation will Debate resumed from 14 October; motion of be seen as mere rhetoric and as a backdoor method of Mr HULLS (Attorney-General). introducing alcohol vending machines into this state.

Opposition amendments circulated by The Age saw what was planned in this legislation. On Mr KOTSIRAS (Bulleen) pursuant to standing Friday, 30 July, it published an article which states: orders. Hotel mini-bars may soon become a thing of the past after the Mr KOTSIRAS (Bulleen) — It is a pleasure to state government yesterday unveiled a plan to let hotels and pubs install alcohol vending machines. stand and speak on the Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill. … Firstly I would like to thank the public servants who Under proposed rules hotels would be able to install alcohol provided opposition members with a briefing. I also vending machines in any area covered by an existing liquor wish to pay tribute to the Honourable Wendy Lovell, a licence. member for North Eastern Province in another place, Pubs would be also able to install alcohol vending machines who is the opposition spokesperson for consumer that customers could use to buy takeaway drinks or when the affairs. She consulted with the key stakeholders and did bar is too busy. a wonderful job. That is exactly the problem. When a bar is busy under-age Victorians would be able to go into that bar LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1427 and purchase alcoholic drinks. You can imagine what it A licensee must not supply liquor to a minor — would be like after a cricket match or a football match maximum penalty is $2000. when there are crowds. Children would have access to In the above situation the Safeway employee was rightly pubs and be able to enter and purchase alcohol. suspicious that the liquor was going to be supplied to the minor. They are not having a meal in a packaged liquor outlet The other area is hotel rooms. Currently if a child takes and the server has no way of knowing whether the supply is a drink from the bar then it is listed at checkout so that going to take place in the home or not. the parents know what drinks have gone missing. If this The server was being cautious and protecting Safeway from legislation goes through, children will be able to put possible criminal charges … money in a machine, press a button and get themselves The exceptions where minors can consume alcohol are as a drink. According to Consumer Affairs Victoria the follows: risks associated with under-age drinking: if they are partaking in a meal and accompanied by a … include the immediate harm of injury, antisocial and spouse over the age of 18 years, parent or guardian; violent behaviour, criminal activity, unsafe … and drink-driving, and the long-term effects of alcohol the supply of liquor takes place in a residence. dependence and related disease and injury. Importantly, such consequences significantly reduce the ability of youth to I understand that as part of the consultation process the achieve their full potential in life. government said it was going to introduce legislation which would make it an offence for children to drink It is also good to see that a current inquiry of the Drugs alcohol in their own home or in another residence. and Crime Prevention Committee is looking at reducing Unfortunately I have been advised that the minister alcohol harm. decided at the last minute not to include that in the final A recent survey conducted by the Premier’s Drug bill, but more of that later. Prevention Council found that 51 per cent of under-age Under-age drinking is a major problem. A survey drinkers got their parents to purchase the alcohol and conducted by the Salvation Army in 2002–03 found that in 50 per cent of cases adults or friends have also that 35 per cent of teenage males admitted to drinking purchased drink for under-age drinkers. in one day between 11 and 30 alcoholic drinks. Even Consumer Affairs Victoria feels that under-age Unfortunately alcohol is considered by many as not drinking is a problem. There is also a concern that being a drug. Many relate our drug problem only to people are not aware that under-age drinkers are going those using illicit drugs. This is reinforced in the media into pubs and purchasing alcohol. An article entitled and on the sporting field. In fact many see alcohol as ‘On the grapevine’, which appeared in the being associated with celebrations. A recent report 21 November 2003 issue of a CAV newsletter, gives an showed that the average Australian consumed 7.3 litres example of a child who goes into a liquor outlet to of alcohol in 2001–02. This places Australia 23rd purchase liquor: among 58 countries. Alcohol abuse was the second reason for Victorians being hospitalised; the other of Have you ever been approached by a minor to purchase liquor course being through the effects of smoking. We have for them? If you have purchased liquor for a minor then you had nearly 7000 Victorians die due to the abuse of have committed an offence under the Liquor Control Reform Act 1998. alcohol.

This is a typical scenario … Over the last few years under-age drinkers have moved from beer to premixed spirits. In 2002 a national survey A mother and child enter the Safeway liquor outlet in was conducted with young people aged between 15 and Werribee. 17. It found that 72 per cent had consumed alcohol in They go to the fridge and have a discussion about which the last 12 months, 64 per cent had consumed alcohol in drinks to purchase. the last three months and greater than 25 per cent had They approach the cashier with the liquor and the child consumed alcohol in the last week. hands $10 over to the parent to help pay for the purchase. In 2003 the Premier’s Drug Prevention Council found that in Victoria 91 per cent of young people surveyed The server refuses to make the sale. had had an alcoholic drink in the previous 12 months. The mother then becomes very abusive, claiming that This resulted in an increase in the percentage of young she was just short of money and the child is helping out. people who were considered to be at risk.

To clarify the situation: LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

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Under-age drinking is not just a Victorian problem; it This government prepared a draft bill earlier this year, occurs in every state and every country. Internationally which it distributed for feedback. A number of alcohol is socially accepted and young people drink to organisations made submissions, and while some of have fun. Last year a minister from the Republic of their concerns were addressed, there were a number of South Africa, on a visit to Victoria, discussed under-age concerns that this government did not go along with. I drinking problems in South Africa with Consumer quote from a letter from Clubs Victoria: Affairs Victoria (CAV). Under-age drinking is a problem here, in every state and overseas. Every While it is acknowledged that the draft proposals are presented as an exposure bill, it is respectfully suggested that council, and the police, are trying different ways to stop the process would have been more effective if ClubsVIC and young people from drinking. other industry stakeholders had been given the opportunity to have input into the drafting of the exposure bill. Let us look at some local newspapers — for example, … the Bacchus Marsh Leader. I quote from the newspaper: ClubsVIC and its member clubs have many concerns about the operation of the Liquor Control Reform Act and the Police and local youths are battling for control of Melton’s proposals in the draft bill. It is strongly recommended that this streets after dark with teenagers continuing to ignore bill not proceed until opportunity has been provided for all warnings about under-age drinking. stakeholders to have proper input. A round-table full and frank discussion with all interested parties may provide the Twenty-two teenagers were fined for under-age drinking in best results. Melton on 8 and 9 October under a new police crackdown on unruly behaviour and alcohol abuse. I also quote from a letter from the Centre for Adolescent Health: And police have warned they will be out in force over the next two months to curb antisocial behaviour in the town’s The Centre for Adolescent Health has welcomed each of the shopping and business district. proposed changes … However, we have made clear in our submission … that we regard these changes to lack political But teenagers say they are not scared of the police or the foresight in that they have avoided the more controversial consequences of alcohol abuse. changes that must be made in order to tackle the serious In my electorate of Bulleen, a Manningham traffic underlying issues. management unit sergeant is quoted by a local One has to ask why CAV did not consult with key newspaper as saying: stakeholders before the draft bill was prepared. CAV is meant to convey the message of responsible drinking. More people enjoy the river in the warmer weather and there is more antisocial behaviour … Unfortunately it seems that it does not act in the way it preaches. In its internal newsletter it had a section titled He went on to say: ‘Booze news’. What kind of message does this convey to young people, especially to the graduates who might … police would especially target speeding cars as well as illegal drinking in the dry zones near the river. be working in CAV and come across this newsletter? Luckily someone realised that this was not smart, and The article continues: CAV has since decided to do away with the heading. It was interesting to read the reason that CAV gave in its He said anyone caught drinking alcohol in dry zones could be newsletter: issued with an on-the-spot fine. We need a new name for the liquor licensing column. Booze I also quote from a Sydney newspaper: News was given the chop … so let’s throw it open for … readers to come up with a name for the column. Discussions Fines for under-age drinking are set to be replaced by around comms branch and LL have revealed a whole host of education under a scheme being trialled by … police. possibilities — most of which had us all in fits …

The article quotes a police acting commander as saying: Winner will get a bottle of wine, beer, cider, vodka, scotch, Baileys … bourbon, gin, champagne, port and rocket fuel. We’re taking a different approach to policing … Instead of Email in your entries. issuing fines we’re trying to educate and turn it into a welfare issue. We want to minimise the risk of these kids becoming Even though the CAV realised it had made a mistake, it offenders and victims. made a joke of it. We are talking about an organisation So it is a problem everywhere, and every state and that is meant to instil in young people the message not municipality is trying to find solutions to reduce the to drink. Unfortunately it has failed within its own number of under-age drinkers. organisation. LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1429

The bill before the house attempts to reduce the harm machines into the state. It is a backdoor method and caused by alcohol and to address under-age drinking. I some of the key stakeholders are opposed to it. If we understand that the social development cabinet are serious about under-age drinking we should not committee discussed the draft bill and looked at the support this clause; the government should omit it from possibility of including a proposed offence of supplying the bill. I say again that you cannot fight under-age liquor to a minor in a private residence, other than by a drinking and introduce alcohol vending machines parent or guardian. I was informed that this proposal because at the press of a button any child of any age can was discussed by Victoria Police and the Department of get herself or himself a drink. I urge the government to Justice; however, it was not in the final bill. I am not reconsider clause 14 and to support the opposition’s sure whether the minister thought the public would amendment. oppose it — I am not sure what other ministers did — but this clause is not in the final bill. Clause 18 relates to application fees. Again, there are some concerns about the fee structure. I understand that I will now turn to the areas of the bill that I have Consumer Affairs Victoria has not set the fee structure concerns with. The issue of under-age drinking is not as yet, but it claims that it will be on a cost-recovery an on-premises problem in the majority of cases. The basis. It concerns me that this is another means of problem is takeaway liquor being bought and consumed raising more revenue for the government, so I am keen at home, at a friend’s home, in a park or in other public to know what the fee structure is going to be. Again, it places. It is good to see that this bill tightens and is a shame that the government has not thought through clarifies provisions regarding the proof-of-age card, the fee structure prior to bringing the bill into the which is important if we are to deal with the purchase Parliament. of alcohol by under-age Victorians. Clause 20 inserts section 58A. It states: The old act did not contain the words ‘information or material’. It states that a person must not give a The Director, at his or her own initiative, may at any time vary a licence or BYO permit to correct … document he or she knows to be false to another person with the intent of using the document to obtain a The problem is that at the briefing we were told that it proof-of-age card. Clause 7 substitutes was only for clerical mistakes, but a clerical mistake section 125(1)(a) of the act to state: could have big implications — for example, it could change the number of people who can go into a bar, or supply any information, document or material that he or she knows is false or misleading … it could change which rooms are licensed. If there is a mistake, then a better way of doing it is for the director It clarifies and broadens the clause, which is a good to advise the owner of the mistake and to ask for thing. feedback from the owner. Thereby the owner would be able to notify the director if that change would cause Clause 11 changes the name and structure of the him to lose revenue or cause some other problems. coordinated council. The concern here is about the New section 58A should be changed to ensure that the danger that appointments will be made on political director notifies the owner prior to making a change. grounds rather than on merit. This should not be just another advisory council to keep the minister’s mates Clause 22 refers to section 90(1) of the Liquor Control happy. This is an opportunity to form a council with Reform Act 1998. This is a very interesting clause and expertise and with people with merit to advise the one that has raised many concerns from the key minister and the government. I hope it is treated that stakeholders. I will read section 90(1) of the act which way and is not simply a council to appoint mates to. It states: was disappointing to note in the briefing that there was no decision as to the number of people on the council, If a person — and again there was no indication of whether they will and that is the director or the chief commissioner — be paid, how much they will be paid, or how long their terms will be. It would have been nice if the referred to in sub-section (2) considers that a licensee or government had decided those matters before the bill permittee — was brought into the house. (a) has contravened the licence …

We oppose clause 14, which allows the introduction of (b) has contravened a condition … alcohol vending machines into the state, because at the moment there are no alcohol vending machines in (c) has contravened section 118A — Victoria. This is the first bill to introduce such LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1430 ASSEMBLY Wednesday, 10 November 2004 which is making a false statement — document as soon as practicable after the seizure, and in … any event no later than 21 days after. What is the problem with giving the person a copy as soon as the (e) has been convicted of an offence … council officer seizes it? It is easy to make a copy these … days. We are not saying that the document will be changed, but just the perception that it might be (h) has paid a penalty for an offence … changed is very important. So why not ensure that a (i) has obtained the licence or BYO permit by copy is given to the owner immediately it is taken off fraud … the premises.

(j) has conducted the business under the licence or Clause 25 provides for a plan of the premises to be BYO permit … retained and produced for inspection, and that is fine if (k) is otherwise not a suitable person to hold a licence the owner is present. The owner can show the officer a or BYO permit … copy of the plan, but if a manager is there who does not know where the plan is, surely they should be given What can the tribunal do? It can cancel or suspend the 24 hours, two days or seven days to show that plan to licence or it can endorse the licence or permit. It can the officer. It is unrealistic to ask that they show the also order the imposition of a fine not exceeding plan immediately if the owner or the licensee is not $10 000, although this is increased to $30 000 under the present in the building. That is just commonsense. bill. Why is section 90 so important? The concern here is that section 90 as it stands, allows the director, the Clause 29 inserts new section 108A, headed ‘Evidence police or any council the opportunity to use the to be produced that responsible service programs Victorian Civil and Administrative Tribunal (VCAT) as undertaken’. Again, if the owner is not present it is a means to prosecute a licensee in the event that it has important that the person there have the opportunity to not enough evidence to prosecute them in the provide that information to the officer or the police Magistrates Court. The clause is seen by many as a within 24 hours, two days or seven days. I cannot see backdoor way of being prosecuted by local councils. the logic in why that is not the case.

If an inspector were to walk into a premises and believe Clause 30 inserts new section 109A, headed ‘Sale of the act had been breached, he could issue an liquor through vending machines’. As I said, a number on-the-spot fine or make a report. There is no of individuals and organisations oppose this. One is the requirement to tell the licensee of the breach. The Youth Affairs Council of Victoria, and I quote from an licensee hopes the person in charge will advise him, but email received from YACVic: this might not happen. So in theory, 12 months later the My only comments would be concern around the alcohol licensee could receive a section 90 application without vending machines. While your paper calls for tighter control knowing that someone on his premises had breached of these machines, YACVic would question their existence the act. The officer can refer the matter to VCAT at any altogether. We see that they present a great problem for time after the event, or can issue an on-the-spot fine. It policing in terms of under-age drinkers and also could act as a is alleged that the police will only refer the matter to hook for young drinkers as an easy, accessible and ‘sexy’ way to purchase alcohol. VCAT after three breaches, but licensees and owners have advised us that some have been taken to VCAT So YACVic, which deals with young people in after only one breach. Victoria, is opposed to the introduction of the machines.

Even if the owner or the licensee pays the fine, there is I ask the government to seriously consider the effects of nothing to stop the officer from referring the breach to introducing the machines. If members of the VCAT. The payment of the infringement notice is an government wish to do so, perhaps they can be honest admission of guilt and evokes double jeopardy. There is and come into this chamber and say, ‘Our first aim was much confusion and anxiety. In setting up his to introduce the machines into the state, and we committee I ask the minister to ask it to look at attempted to do it by hiding it among everything else section 90 and outline some clear guidelines so there that we have put in this bill’. I cannot understand how will not be any misunderstanding or confusion. members of the government can on the one hand claim that they are trying to limit under-age drinking, saying Clauses 34 and 35 deal with search and seizure powers. that there are too many under-age drinkers, and on the If in exercising a power under section 133 of the act an other hand introduce these machines. People will be authorised person seizes a document, he or she must able to walk up to a alcohol vending machine, put some give a copy of the document to the owner of the LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1431 money into it and press a button, and out will come a need. The reason is that I do not like the stuff. But the drink. reality is that red wine has its place.

I urge members on the other side to consider the Mr Lupton — Stop knocking country Victoria! amendments, which after all are commonsense. I also ask the minister who will speak on behalf of the Mr DELAHUNTY — The wineries are fantastic — Minister for Consumer Affairs in the other place to it is just the product I do not like. advise me whether any discussions took place and whether any consideration was given to enforcing the As I looked through the second-reading speech I found idea of not allowing alcoholic drinks in the home to be it highlights the problems we have with under-age consumed by minors. In other words, was the drinking. The minister said: government considering sending police officers into Eighteen per cent of young people are putting themselves at homes to ensure that children were not drinking risk of short-term harm on a weekly basis. alcohol? As I said, I understand that that is what a Twenty per cent of young people surveyed reported that they subcommittee of cabinet discussed but that someone intended to get drunk most times or every time they drink. A knocked it on the head. I will be keen to hear who that further 27 per cent intend to get drunk sometimes … was. I am curious about why the minister thought of the idea and why his department even considered They are frightening statistics that should be a concern introducing it. I am keen to find who was responsible to all of us in this place. for making sure that that was not in the final draft of the bill. Finally, I once again urge members on the other Along with other members of Parliament I have side to support the amendments because they are received a letter from and the annual report of the commonsense and logical. Alcohol Education and Rehabilitation (AER) Foundation. The letter states: Mr DELAHUNTY (Lowan) — I rise to speak on In Australia the estimated financial cost of alcohol misuse is behalf of The Nationals on the Liquor Control Reform $7.5 billion per year. Alcohol misuse results in reduced work (Underage Drinking and Enhanced Enforcement) Bill performance, absenteeism, sick leave, injury, accidents, health 2004. My colleague the Honourable Damien Drum in care costs and increased claims for workers compensation. another place is our spokesperson on these matters. He has done a lot of work in consulting with the Australian That is a major concern and a reason why we need to Hotels Association head office, the AHA in Bendigo, get this right. The letter goes on to say: the Bendigo Lead On youth organisation, the Shamrock To date AER has provided funding to over 360 projects, work Hotel in Bendigo — I hope he did not spend too much in excess of $55 million, ranging from raising awareness of time there — the Victorian Alcohol and Drug the dangers of alcohol misuse to programs that help people on Association and Victoria Police. the path to rehabilitation.

As members are aware, the purpose of the bill is to There are probably some in this building who could make a range of amendments to the Liquor Control start looking at the rehabilitation process! As the letter Reform Act in a bid to address under-age drinking, highlights: enhance and enforce the powers of Victoria Police and Australians suffering from alcohol misuse are not nameless, make a range of technical changes to the overall faceless people. They are your family, friends and colleagues. operation of the act. The Nationals are not opposing the legislation. We have been given a copy of the This is an important and big issue for us in Victoria. amendments proposed by the member for Bulleen, and we are happy to support them because of the concerns It is worth noting that this bill is being debated while that have been raised. I will come to them later in my the Drugs and Crime Prevention Committee is presentation. conducting an inquiry into strategies to reduce harmful alcohol consumption. The committee’s discussion At the outset I indicate that I am not a drinker. paper looks at such things as the links between sport However, for most people the consumption of alcohol and alcohol in Victoria, the role of advertising, the is a pleasurable and safe activity. Alcohol taken in culture of alcohol consumption, and possible education moderation has its place. My colleagues, particularly and information strategies for reducing harmful alcohol the other members of The Nationals, say that drinking consumption. Earlier this week I put out a press release some red wine is good for your health. My wife has in which I encouraged people from across the Lowan taken their advice, but at this stage I have not seen the electorate, whether as individuals or as members of organisations, to write in and make a submission to the LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1432 ASSEMBLY Wednesday, 10 November 2004 inquiry, because this is an important issue, as I and Crime Prevention Committee on this discussion highlighted in my earlier comments. paper. I look forward with interest to what will come out of the report. It is most important that we encourage I have looked through the very good discussion paper all Victorians to play a role in helping to come up with and congratulate the members of the committee on it. good recommendations for the government. My colleague the member for Benalla is a member of that committee. The discussion paper is a worthwhile One concern that I note with the bill — and I do not see document and has some excellent information in it. The it mentioned at all — is the issue of drink spiking. I contents include definitions of harmful alcohol quote from a Herald Sun article of 16 September 2003 consumption and the nature and extent of alcohol by Les Twentyman, who is a youth worker with Open consumption in the Victorian community. It lists the Family. We all know of Les. He is an excellent cultural aspects of alcohol consumption involving Victorian and has been recognised for his achievements young people, indigenous Australians, alcohol misuse in his work with youth, particularly in the western among homeless people, drinking and the sporting suburbs of Melbourne but also right across Victoria. culture, alcohol and the gambling culture, alcohol and The article states: issues in rural and regional Victoria — that is one The Nationals particularly take notice of — and alcohol One of the more alarming crimes to emerge in recent years is the spiking of young women’s drinks in bars and clubs. misuse in metropolitan Melbourne. The contents also list the costs of alcohol consumption in the Victorian … community — the physical costs, the social costs and The number of people aged 12 to 17 treated for misuse of the financial and economic costs. As I highlighted alcohol has jumped 38 per cent in recent times, and even such earlier, alcohol misuse is a big cost to Australia and, no a shocking statistic doesn’t tell the full story. doubt, to Victoria. The social cost of unwanted pregnancies, crushed self-esteem and other consequences are all part of that bland figure. The contents also cover education and information strategies for reducing harmful alcohol consumption. … When I looked at the definition of harmful alcohol The Australian Drug Foundation recently conducted a survey consumption I found that the discussion paper states: of youngsters aged 12 to 17 who drank alcohol. When asked to name their last alcoholic drink almost half named a … at the outset the topic of this inquiry is harmful alcohol premixed drink. consumption. The nature and definition of harmful consumption are discussed at length in chapter 2 of this That relates to the amendment that has been put discussion paper. forward by the member for Bulleen. My understanding is that these vending machines will contain mostly Unfortunately I do have the time to go through it all, premixed drinks. The article further states: but the introduction states: Another 33 percent said spirits, while only 14 per cent said The committee acknowledges that for many, indeed most, beer and 8 per cent said wine. Victorians the consumption of alcoholic beverages is a pleasurable and safe activity. The alcohol, food and related So it is not the traditional wine and beer that the youngsters tourist and hospitality industries serve a valuable role — are turning to; it is sweeter, and now cheaper, blends of spirits with soft drinks or fruit juice. in Victoria. I do not want to denigrate the excellent work they do. There are many articles I can speak about. A Sunday Age editorial says that drink spiking is a cowardly, This excellent discussion paper then talks about the modern crime. An article in the Age of 21 April under estimated number of drug-related deaths in Victoria the headline ‘Spiking of drinks more likely in homes’ from 1992 to 2000. Back in 1992 it was estimated that highlights that: there were 838 deaths and that decreased to 710 deaths in 2000 — but one death is too many. That is why it is About 1400 people are sexually assaulted each year after important that the Victorian community put in having their drinks spiked, the first national study on the issue has found. submissions to try and help this committee address the problem that we have in this state. The report goes on to The Australian Institute of Criminology study, commissioned talk about traumatic injuries or deaths attributed to by the federal Attorney-General’s Department, also found alcohol in Australia — fall injuries, 34 per cent; fire that about 60 percent of spiking-related sexual assaults occurred in homes … injuries, 44 per cent; drowning, 34 per cent; assault, 47 per cent; and child abuse — which one of the most sensitive ones — 16 per cent. I congratulate the Drugs LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1433

This is a major issue. An article in the Age of 6 May not meet the criteria. I commend the government on deals with suggestions that Victoria should get tougher changing the definition of ‘responsible adult’. with drink spiking. Clause 7 substitutes a new section 125 of the act to A Sunday Age article of 20 June talks about a young insert two new offences relating to falsely procuring a lady who police believe was not the victim of drink proof-of-age card. The Leader of The Nationals, the spiking but who had gone to the police and others and member for Gippsland South, has a daughter named said that there had been drink spiking. It is interesting to Sarah. I know she has a proof-of-age card, but she is note what the article says: about 23 years of age. She is a tiny little thing and has great difficulty getting into licensed venues because Dr Marcus Kennedy, director of the emergency department at people do not believe her proof-of-age card is correct. I the Royal Melbourne Hospital, said that the number of people who turned up at hospital and claimed they had been the am sure that she will not fall foul of the law because she victim of drink spiking had doubled in the past two years. has not given the right information on her proof-of-age card. … the Victoria Police drug and alcohol strategy unit, said many victims of drink spiking never came forward … I also want to talk about clause 37, which amends Honourable members interjecting. schedule 3 of the principal act to allow voting in dry area polls to be conducted by way of postal vote. I The ACTING SPEAKER (Ms Campbell) — know there are some areas of Melbourne which are dry Order! The conversations that are occurring should take areas. It is interesting to note that the applicants for the place outside. licence are now liable for any reasonable costs incurred by the electoral commission in conducting a vote. With Mr Lupton — Thank you! those provisions included we will not see the dry areas change, because of the cost involved. Mr DELAHUNTY — The member for Prahran is listening intently to all of this. This article also says that The Nationals have been given a copy of the opposition the police in the drug and alcohol unit — — amendments. We know they deal with vending machines. As part of our consultation my colleague in Mr Andrews interjected. the other place the Honourable Damian Drum consulted with the Victorian Alcohol and Drug Association, a Mr DELAHUNTY — I know you are! The article peak body representing alcohol and drug services in states: Victoria. My understanding is that they are very much … many victims of drink spiking never came forward, and understaffed but do a great job. The information that the crime was ‘horribly underreported’. Mr Drum got from VAADA states:

There were many others, including Melanie Heenan, Alcohol use in Australia is very high compared with other coordinator of the Australian Centre for the Study of Sexual countries and reflects a culture of acceptance. It is the most Assault, who share Mr Dillon’s — popular drug consumed in Australia, with the latest national drug strategy household survey … finding that 80 per cent of he is from the National Drug and Alcohol Centre — the population aged 14 years and over had drunk alcohol in the past 12 months … concern about talk of a dramatic increase in drink spiking. Of concern to VAADA is the high level of alcohol use by That makes the point that there is a lot of concern about young people. the misuse of alcohol and The Nationals’ particular concern — that is, drink spiking. I will be interested to The report goes on to talk about recommended find out if the member for Prahran has any comments to strategies to address the issue of under-age drinking. make about that in his learned presentation, which will This adds to the amendment foreshadowed by the come after my contribution. member for Bulleen. Under the heading ‘Prohibition of sale of liquor through vending machines including on I will talk about some of the clauses in the bill. Clause 4 existing licensed premises’ the report states: amends various sections of the act to provide that a The sale of liquor through vending machines in existing minor may be present on licensed premises if he or she licensed premises will undermine legislation on the tightening is in the company of a responsible adult. I notice that of controls and liquor licensing laws and related harms. the bill changes the definition of a responsible adult. Vending machines selling alcohol in licensed premises will My understanding was that the only persons who could enable greater access to minors and those already inebriated be in charge of a minor in a licensed facility were the who would normally be refused further service … parents or an older sibling — even a grandparent did LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1434 ASSEMBLY Wednesday, 10 November 2004

It was brought to my attention that a young person instances of infringement than Victoria, and yet it has could walk in and get some tokens and if later in the similar fines to those proposed in this bill. Under the night he was refused service due to inebriation, he current system it is seen that the penalties are sufficient could cash in these tokens in the vending machine and to act as a genuine deterrent to any deliberate sales of take out more alcohol. That is good reason for the alcohol to minors. We must improve the education opposition’s circulated amendments. We should not system. No doubt the Drugs and Crime Prevention allow these vending machines in Victoria. There are Committee will come forward with further enough places where we can get alcohol these days, recommendations. whether it be in licensed premises, supermarkets or mini liquor outlets right across the state. I am sure there There are other things I would like to say, but in is enough access to alcohol. Bringing in vending finishing I will repeat that the moderate consumption of machines would depersonalise it. The reality is that we alcohol may have health and social benefits but the need to ensure there is appropriate supervision. The increasing abuse and misuse of alcohol and drink staff behind the counter have a responsibility to observe spiking are major concerns for the National Party. We what is going on at the vending machines, but in a very support the amendments circulated by the Liberal Party, busy place where patrons are three or four deep at the and overall do not oppose the intentions of the major bar I am sure they would not be able to keep an parts of the bill. adequate eye on the people accessing the vending machines. The report continues: Sitting suspended 6.28 p.m. until 8.02 p.m.

VAADA’s concern is that minors not checked for proof of ID Mr LUPTON (Prahran) — It is with great pleasure upon entry to licensed premises will be able to freely obtain that I rise to make some comments in support of the alcoholic beverages without further query by venue staff. Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill. I propose to talk about the We in the National Party will support the amendment policy basis upon which this bill is brought into the foreshadowed by the member for Bulleen. Parliament and deal with some of the other matters that The National Party recognises that Victorian liquor were raised in debate by previous speakers before the laws offer a high degree of flexibility. Victoria has an dinner adjournment. The policy bases underlying this excellent range of hotels, bars, restaurants and bill are principally to further address problems and wineries — I want to highlight for the member for issues around under-age drinking in Victoria; to add to Prahran that there are excellent wineries right across the suite of enforcement powers that are possessed by country Victoria, some of them in my electorate of Victoria Police under the act; and to make a number of Lowan. Football clubs and the like have a responsibility amendments which are designed to improve the to serve alcohol in line with the appropriate practices. effectiveness and efficiency of the implementation of People serving alcohol need to get a responsible serving liquor licensing law in Victoria. of alcohol certificate by doing a TAFE course or the Firstly, in relation to the development of this act, I like. Yesterday a group of women from my electorate would just like to say this is a particularly good were down here, and they raised a concern that a lot of example of the Bracks government consulting with sporting clubs are influenced by what happens on interested parties, stakeholders and people who have a television: they see their sporting stars advocating the particular interest in the issue of control of under-age consumption of alcohol. These women are concerned drinking and licensing law in this state. The minister that many clubs are in financial difficulty and therefore responsible for the legislation, the Minister for fundraising is done through the serving and Consumer Affairs in another place, put out an exposure consumption of alcohol. draft of this bill in the middle of 2004. Considerable I will finish by saying that these amendments to the and extensive consultation took place with a wide range liquor licensing laws could be said to be merely to of interested parties. That has led to some significant allow an increase in revenue to the government with no and important amendments that the government has real reasoning or data supporting the view that this taken on board and included in this legislation prior to increase in fines will have a direct effect in decreasing its introduction into this house. The minister really the incidence of under-age drinking. The only argument should be commended in my opinion for taking that given in the briefing for these increases is they will kind of consultative approach. There are clearly a bring Victoria into line with other states in the amount number of very interested and experienced industries of the fines proposed. This argument does not have and organisations in Victoria which know a lot about credibility. New South Wales has significantly higher the way that licensing and drinking issues are regulated, should be regulated and can be improved. This bill is LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1435 testament to the good development and implementation or control over their introduction. This legislation of policy. means that if any vending machine applications are made in Victoria, they will be restricted to currently In dealing with the under-age drinking amendments it is licensed premises. They will be restricted to places that important to stress that this bill is aimed fairly and are under the supervision of those responsible for the squarely at reducing the incidence and problems licensed premises; and under guidelines to be associated with under-age drinking in Victoria. That is implemented under the direction of liquor licensing the firm and clear as the policy underlying this legislation. vending machines will use tokens rather than cash. This One way in which the bill will achieve those means that in certain circumstances in currently improvements is to increase the penalties for offences licensed premises there may be appropriate for supplying liquor to a minor, allowing a minor on circumstances where a vending machine is the best and licensed premises, sending a minor to purchase liquor most appropriate form of buying alcohol — and one or permitting a minor to sell or supply liquor to others. example is their use in place of mini-bars in hotels. That Those penalties have not been increased in Victoria is an example of the way in which a vending machine since 1987 and are well and truly overdue for may be the appropriate form in certain situations. reconsideration. They are being increased significantly under this act. I believe that is an important and It is very clear that from now on in Victoria vending significant improvement to the legislation. machines will not be allowed anywhere in non-licensed premises or public areas, and there will not be any Another thing that is being addressed in this bill is the opportunity for an applicant to take a rejection of a definition of what is called a ‘responsible adult’. licence application to the Victorian Civil and Previously in Victoria a minor who is on licensed Administrative Tribunal and argue that they ought to be premises needed to be with a parent or legal guardian. entitled to obtain a vending machine licence for any Sometimes, as we well know with extended families, area that is not currently a licensed premises. I think there are situations where another relative, an uncle, an that is a very sensible way of dealing with the matter. aunt, a grandparent or the like, will be responsible for the care of a person under 18 years and it is quite The member for Lowan in his remarks raised the issue appropriate and sensible that the definition of of drink spiking. I want to make a couple of comments somebody who can be in charge of a young person on about that, because it is a very important and very licensed premises be extended in the way that this bill serious criminal issue in Victoria. Recently I was happy does. to be in Chapel Street in my electorate of Prahran with the Minister for Police and Emergency Services and a The legislation also deals with the types of premises number of other law enforcement officials, inspectors that are used by minors — young people under 18 years of Victoria Police and the director of Crime Prevention of age — and whether the premises that are used by Victoria among them, when the government’s latest those young people are able to be the subject of a liquor drink spiking campaign was launched. licence. This bill further restricts the ability of those sorts of premises to be licensed. The director of liquor It is important to stress that probably the most licensing currently restricts the licensing of premises important and effective way of dealing with drink such as pinball parlours or children’s play centres on spiking which is a very serious issue, is by constantly the ground that their licensing may encourage the raising awareness of and educating people about the misuse and abuse of alcohol. What this bill does is add dangers of having their drinks spiked when they are on another ground for the director to refuse to grant a licensed premises. I commend the government for the licence — namely, that in the opinion of the director the new campaign, because I think it is a very effective and premises are intended by the occupier to be primarily very powerful education tool. It is also a very powerful used by persons under the age of 18 years. That is a way of raising awareness, particularly among young sensible and useful way of extending the prohibition on women, of the danger of drink spiking on licensed licensed premises where they are likely to be used by premises. The advertising campaign is powerful and the young people. images that are used are strong.

One issue that has been raised by the opposition in this Those images will be in most licensed premises around debate has been the control of vending machines. Until Victoria, and they will be very much in front of people now there has been no control at all over vending when they are purchasing drinks. They will remind machines that are used to purchase alcohol in this state. people in those situations that if they are not aware and It is possible under the current law in Victoria to they are not thinking clearly about whether their drink introduce vending machines; there is no prohibition on may be tampered with, they could be at risk of drink PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

1436 ASSEMBLY Wednesday, 10 November 2004 spiking and the obvious consequences that might arise since 2002, from US$28 a barrel to a record high of from that. I think that is a very important thing to bear US$55 a barrel. The reason for the rise is that supply is in mind. This is very good legislation, and I commend not able to keep up with demand, especially in China. it to the house. China’s transportation sector has also had a strong demand for diesel, and there has been an unusually Debate adjourned on motion of Dr NAPTHINE severe power shortage during the summer. The ability (South-West Coast). of Organisation of the Petroleum Exporting Countries (OPEC) to control prices has also declined. Iraq’s Debate adjourned until later this day. production has decreased, Saudi Arabia’s production has also decreased, and we all know the problem Russia PETROLEUM PRODUCTS (TERMINAL has with YUKOS, its largest oil company. A number of GATE PRICING) (AMENDMENT) BILL events have occurred which are beyond our control, and the price of oil has gone as high as US$55 a barrel. Second reading While we do not have control over world oil prices, we Debate resumed from 14 October; motion of have some control over the cost of petroleum and the Mr HULLS (Attorney-General). transparency of the process under which people are able to buy petrol in Victoria. It is important that we put Mr KOTSIRAS (Bulleen) — I rise to comment on policies in place that ensure the price is transparent and the Petroleum Products (Terminal Gate Pricing) everyone is treated equally and fairly. The terminal gate (Amendment) Bill, and in doing so I wish to thank the price is the base price at which declared petroleum public servants for providing us with the briefing, even products are first sold into the wholesale market in the though it was very brief! They took about 5 minutes to state. The Petroleum Products (Terminal Gate Pricing) provide the briefing on this bill, and the advisor ensured Act 2000 was first introduced into Parliament by the that none of the questions we wanted to ask could be member for Mildura in September 2000. Amendments asked. But I thank the public servants for at least were made: in essence a new bill was brought into the attempting to brief us on this bill. I once again would house in November and the bill was passed on like to thank the Honourable Wendy Lovell in another 15 November 2000. It commenced operation on place for doing a fantastic job in talking to the key 1 August 2001. stakeholders. The opposition will be supporting the bill before the house. What is terminal gate pricing? Section 5 of the act, which is entitled ‘Determination of terminal gate price’, The purpose of the bill is, firstly, to provide for terminal reads: gate prices to be temperature corrected. Currently the (1) A declared supplier must … determine a price … per average delivery temperature is in the mid-30s. litre for the sale or supply of each declared class of Petroleum volume expands as the temperature rises, petroleum products sold or supplied by the declared about 1 per cent for every 10 degrees. Unfortunately supplier. that is already happening now, because when the petrol … is picked up from the supplier the temperature is 15 degrees. What this legislation does is put it into law, (3) A declared supplier must not vary the terminal gate price of a declared class of petroleum products more than although I am advised that that is currently happening. once in any 24 hour period … Nevertheless it is good to see it in legislation. Secondly, this bill allows regulations to exempt a supplier from (4) A terminal gate price must be determined by adding the the requirement to supply petroleum products in the following together — event of a shortfall. Thirdly, it improves the operation (a) the landed international product price of the of the act. petroleum products …

The price of world oil is causing problems for (b) the excise and other taxes … economies right around the world. In Victoria we are not immune from excessive fuel prices. Some people (c) the margin determined in accordance with sub-section (7); and claim that the average price for oil could go as high as US$56 to $57 a barrel. This would be an approximately (d) any GST payable on the total amount … 75 per cent increase in only 12 months. There are a number of reasons for this, and I have some statistics Section 5 continues: that I will read. The price of crude oil has been rising PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

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(7) The margin for petroleum products is an amount Mr Helper interjected. determined by the supplier which represents a reasonable return — Mr KOTSIRAS — No, but a number of people have raised it with me and said that it is not true; the definition of what is meant by ‘a reasonable return’ especially farmers who are unable to purchase through is causing some problems — the supplier; they have to go through the retailer or to the supplier on the cost of the establishment and distributor, so there are some misconceptions. In one operation of the terminal from which the petroleum sense this bill is good because it clarifies all that and products are supplied — makes it clear that it is only the retailers and the the supplier can put any amount they wish, and it distributors that get the terminal gate price. While the depends what people mean by the word ‘reasonable’ — 2000 act made petrol prices transparent, it did not help keep prices down, nor did it assist the independents in (8) The terminal gate price must not include … the way that the minister said it would. In a press release from Consumer Affairs Victoria dated 1 August (a) a discount; 2001 the Minister for Consumer Affairs in the other (b) a rebate; place, Ms Marsha Thomson, is reported as saying:

(c) the cost of transport services; The act is not a panacea to prevent high fuel prices, but is expected to create a more equal playing field between the (d) the cost of delivery services; independents and the major oil companies. … (e) the cost of credit services; The press release continues: (f) the cost of brand fees; Ms Thomson said the legislation will be particularly relevant (g) the cost of … equipment; for independent distributors and retailers in rural areas who could form buying groups to buy fuel in bulk at reasonable (h) any return on assets owned by the declared prices. supplier … … This is all very nice, but it still does not assist in The greater opportunities and improved competition in ensuring that prices come down. It does not ensure that wholesale markets may also lead to more competitive prices the price of fuel in the city is similar to that in the for consumers in the longer term. country. In fact all this does is make it transparent so that on any one day retailers are able to know what the Unfortunately that has not occurred. The independents terminal gate price is. They can log on to the web page are still finding it very difficult to compete with the and find out. As a retailer I can send my tanker along number of other outlets. and purchase fuel at the terminal gate price. Someone else can go along and purchase the same fuel at a lower After a year the Consumers Association of Victoria price because the discounts will come in afterwards. decided to review the legislation, and the findings of the Yes, we know what the terminal gate price is, and yes, I review are detailed in the report entitled Report on can ask why the other person has received a lower Terminal Gate Pricing in Victoria. I would have price, but this does not force anyone to ensure that it is thought that perhaps CAV could have organised an a level playing field. independent group to undertake the review. Why it did not and why it appointed someone within the There are a number of misconceptions about the act. department only the minister knows, but I assume it Only distributors and retailers are able to purchase probably wanted to save the money for consultants — petroleum at the terminal gate price — for instance, or perhaps it did not want to be embarrassed by the farmers are not able to do so, just retailers. I was independent panel finding out that this had not helped interested to read in June 2002 that the member for the independents. As I said, this has allowed for Ripon said in this house: transparency, and that is good. I am not complaining, because I think it is a good idea, but it has not helped … this initiative introduced transparency into the pricing of the independents. The final report of the review into petroleum products, meaning that anybody in the community pricing in Victoria was given to the minister in August would be able to obtain petroleum products at the terminal gate … 2003. I understand that the minister had to approve the contents before the report was released to the public in That is not true. Retailers and distributors, yes; but not September 2003. anyone else. That has caused some confusion. PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

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In the media release of 8 October 2003 the minister tanker along to the supplier to collect petrol at the TGP. said: Assuming that the retailer and the distributor meet all the requirements, we would expect that they would be The report also noted that independent fuel sellers have found able to purchase fuel. In reality this happens at the TGP, that access to terminals is no longer a problem. but not at the price at which others can also purchase it. However, if we look at the report it is clear that these The Petroleum Marketers Association of Australia aims have not been met. One of the objectives was to (PMAA) points out, and I quote: improve the position of the independents in the The main area of concern from our point of view is that marketplace. I refer to point 8.7.3 of the report: discounts are still allowed after the TGP is set. It is not clear that the competitive position of independent That is what I have been saying from the start. It is all resellers improved following the introduction of the act. very nice and transparent and you know what you are There are a number of reasons why the legislation has buying it at, but it does not stop others from going there not helped the independents. As I said, although it is and purchasing it at a lower price. Even as early as transparent, it has failed in this area. 8 November the Herald Sun, under the heading ‘Fuel price war wines up’, stated: I have also been advised by the major stakeholders that the four major oil companies are attempting to work The petrol war entered a new phase yesterday with Coles offering cheaper petrol if you buy a case of wine. within the framework, with Shell performing the best of the four, but the independents are still finding it hard. Coles stepped up the pressure on supermarket rival Safeway The petroleum market at the moment is serviced by by offering 12 cents a litre off petrol bills if you buy a dozen three groups — all the majors, which take up 75 per bottles of wine … cent of the market and which have enormous resources The 12-cent discount represents a $9 saving on a full tank of and power; the corporate independents such as unleaded petrol for a Commodore. Woolworths and Safeway; and finally the independent, private single operators in chains of 50 or more sites. What about the independents? Who is going to assist them to subsidise the price? It is very difficult for the There are a number of reasons why independent independents to survive. operators are still finding it difficult in the marketplace. Firstly, the oil companies are providing price support to Clause 5 makes it very clear — unlike the member for their franchisers. They are guaranteed a margin, Ripon, who made the mistake last time — that only whereas the independent operators do not have this retailers and distributors are able to purchase fuel at luxury. These operators are not able to compete with TGP and at 15 degrees. Clause 8, headed ‘Requirement Coles and Woolworths, who many will argue are to supply’, amends section 9 of the act to allow a subsidising the price of their fuel by the sale of other declared supplier to refuse to supply declared petroleum goods. I am not saying that is good or bad; I am just products because there is a shortfall in the availability saying the independents are finding it very hard to of that product. The problem here is that this is different compete. This is being made even harder with the from the initial clause. No longer do suppliers have to introduction of the shopper docket, where customers notify the director, as they did in the past, if there is a who purchase goods at Coles or Woolworths receive a shortage of fuel. This has made it easier for suppliers to 4-cent discount on their petrol. turn retailers or distributors away by saying that they have no fuel. So if they are at odds with an Another reason for the independents finding it difficult independent, they can put pressure on the independent in the marketplace is that in most cases they need to and they can ask the independent to go away for two sign contracts with the major oil companies if they wish weeks and then come back, in which case the to survive. The brand name is very important, and independent would have lost a lot of money. without it many will have to close up shop. The oil companies know this and put pressure on them to sign The other issue is that any independent with a particular contracts that suit the oil companies. That is why 84 per brand name cannot go and purchase fuel from another cent of sites in the city have a brand name and why supplier, because if they do they will then be in breach 92 per cent of sites in the country have a brand name. In of the Fair Trading Act for having a different product theory it is good; unfortunately, it is not occurring in from the one they are displaying. So it is not easy for practice. Each of the four major suppliers work out their independents to swap suppliers and choose whom they terminal gate price (TGP) and place it on the web page, want to purchase their fuel from. so in theory any distributor or any retailer can send their PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

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Many in the past have asked why the price of fuel in the which all suppliers have to do, but when a distributor or country is different from the price in the city, and some a retailer goes to the supplier they do not get the best have said that there is too much debate about the price. As I said, the TGP has made things more difference in petrol prices. There is still no evidence to transparent than they were in the past, and that is good, suggest that terminal gate pricing has resulted in but more needs to be done. The independents are cheaper petrol in country Victoria, because country finding it hard. People in country Victoria are paying prices are still higher than city prices. I believe this has more, and the TGP has really not solved the problem. nothing to do with terminal gate pricing; instead it has to do with the cost of operating a service station in the While opposition members support the bill, I urge the country. There is little market growth for petrol in some government perhaps to have a look at this issue again areas; and discounting does not imply more customers, and without interfering in the market to see what can be it only implies less profit. There are significantly fewer done to ensure that independents survive. If non-petrol sales of food and drink in service stations in independents go, then the price will go up. It is very the country; and the cost of supplying service stations important that the government should sit down with the in regional Victoria is higher because most require a independents, talk to them to find out what the small delivery drop. problems are and see if they can resolve the differences.

In general country service stations tend to rely on fuel Mr DELAHUNTY (Lowan) — I rise on behalf of sales for profit, and there will always be the issues of The Nationals to contribute to the debate on this market size, population and distance, which will have a important piece of legislation, the Petroleum Products bearing on the price. I read an article by Joy Ross, who (Terminal Gate Pricing) (Amendment) Bill. Transport tried to explain the difference between the cost of petrol is a vital issue for country Victorians. The spokesperson in the country compared to the cost in the city. on consumer affairs for The Nationals is the Honourable Damian Drum in another place, and he has Confidential data supplied by fuel retailers in most prepared a report for us, which we discussed early this regional centres in Australia show a differential week. As we know, the purpose of the bill is to amend between the wholesale prices and the board prices of the Petroleum Products (Terminal Gate Pricing) Act the supermarket fuel retailers of between 4 and 8 cents 2000. There are three main areas of the act that will be per litre for many days of the month. If those retailers amended by this bill. matched the board price their losses could range between $200 and $400 a day for a petrol station selling Firstly, it will make changes concerning the a modest 5000 litres per day. In 10 days that would temperature at which declared products are measured to amount to between $2000 and $4000. Using the determine the terminal gate price. Secondly, it will average differential, a fuel retailer that chose to match allow regulations to exempt the supplier from the the supermarket retail price would have lost nearly requirement to supply petroleum products in the event $8000 in three months. of a shortfall in the availability of a declared product or where the customer is unable to pay. Thirdly, it will Some typical comments from service station proprietors amend the definitions of ‘distributor’ and ‘retailer’ to are: more accurately reflect the participants within the industry. The companies with the most money will wipe everyone else out. That’s not fair. We in the National Party have consulted with the Royal This form of marketing is grossly unfair. The supermarkets Automobile Club of Victoria, the Victorian Automobile can run at a loss … the local service stations can’t. Chamber of Commerce, the Victorian Farmers Federation and various retailers across country Victoria, Service stations in rural areas can’t support sustained pricing below cost. It has made the rest of the fuel market including Tasco Inland at Mildura. The Nationals will dysfunctional. You either lose money or lose your customer not be opposing this legislation, but we will be raising base, and if you lose that ultimately you go out of business. some concerns during the debate.

Terminal gate pricing makes things more transparent. The most significant part of this bill, as we spoke about When retailers or distributors go to a supplier to earlier, deals with calculating the price of petrol by purchase fuel they will know what the price is; reference to the petrol mass at 15o Celsius at the point however, that does not guarantee the lowest price. of sale. As we know, it is not uncommon for petrol to While some suppliers are able to get a good price, we be stored at 35o Celsius, when in its expanded state it must remember that the terminal gate price (TGP) is not takes up a larger proportion of the transport vehicle. My the best price. It is the price that is on the Internet, understanding is that most transport vehicles these days PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

1440 ASSEMBLY Wednesday, 10 November 2004 cart about 48 000 litres so obviously there is a slight We have talked about transport being very important variance, and that can make a big difference in the and about the importance of fuel costs, and it is a real actual cost to the person picking up or taking delivery shame that this government has pulled the wool over of the fuel. the eyes of country Victorians and said it is going to be more open and transparent and helpful to them. As I Overall we in The Nationals welcome further debate on said before, access issues are important but now we see fuel pricing. Fuel pricing is a big issue for most that for the first time the cost of registering a car is Victorians but more so for country Victorians. Our $80 for pensioners, health care card holders and some people do not have the opportunity to access or have veterans. It is a real blight on this government that its limited access to public transport and therefore cars and members have done that to people who are on fixed trucks are vital. Cars are vital for people to access incomes and who do not have the opportunity to pass services and get around their communities, and trucks on their costs. are vital for the transport of produce that generates wealth and creates employment and economic activity. Fuel and the cost of fuel have been major issues for Therefore the cost of fuel is a major impediment to the country Victorians over the last few years. I know the viability of not only farmers but also people in business, member for Murray Valley will be keen to speak on and to people in the community generally. The this legislation. He tells me there used to be over Nationals welcome further debate on efforts to improve 20 000 retail fuel outlets across Victoria and that that the transparency of fuel pricing in Victoria. number has dropped down to 6000. I know why. There are some good reasons for that, but the reality is it that Transport is another big issue for country Victorians, it takes away the competition that is vital in maintaining because we need good roads and bridges. We know that a fair price for those of us in country Victoria. taxes are taken out of fuel, and we know that the state government is getting windfall gains through the goods The independent retailers are feeling the pressure, and and services tax. It is a pity the state government does that is highlighted in an article I picked up from the not have a program similar to the federal government’s library which appeared in the Age of 12 March. The great Roads to Recovery program. Councils across my article is headed ‘Petrol war fuels station closures’. It area are welcoming that program and hope it will states: continue for many years to come. It is an excellent fund that gives the opportunity to replace and upgrade roads Up to 15 per cent of Victoria’s service stations have fallen casualty to the fuel discount war …. and bridges. It is a shame that the state government does not have a similar program. It further states:

Yesterday afternoon 16 ladies came to Melbourne to … Victorian Automobile Chamber of Commerce … said visit Parliament House, some of whom were from yesterday the two major supermarket chains’ entry into petrol around the Lake Bolac, Willaura and Glenthompson retailing had wiped out many smaller players. area. Glenthompson is a great little spot. Some people … who have been in Parliament House tonight have Mount Evelyn independent operator Con Andronicou said he moved down to Warrnambool and they really know the was hearing daily reports of other independents trying to value of good roads, whether they be the main state leave the industry. roads or local government roads. Those ladies spoke to me about the concern in the Ararat Rural City Council As members can see, it has been good to have more area because roads near the grain storages, whether they competition in country areas. Competition is healthy in be in Lake Bolac or in between Ararat and Lake Bolac some ways, but I will come back to the reason for north of the Streatham area, are in grave need of repair. concern about the so-called transparency of the terminal They need help from either the state government or gate pricing in the original legislation and particularly federal government. But as I said before, this state its impact on the independents. I believe the member government is getting enormous windfall gains, and it for Bulleen spoke about that also. It is highlighted by is a pity it does not do more to help these local councils. James Feery, a fellow who lives 20 minutes north of my home in Dimboola and runs a fuel retail outlet. I know the member for Ripon was here a minute ago, and I am sure the Ararat Rural City Council has been He rang me one day, jumping up and down about the lobbying him to increase funding so it can do some fact that supermarket chains were selling fuel for less work on repairing roads servicing the major grain than he could purchase it. He asked me to do something storage facilities. about it. I said, ‘James, what do you want me to do? Go to the supermarkets and ask them to push up their PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1441 prices?’. Even the member for Ripon would not do that, Independent resellers are not only feeling the pinch I am sure. In that regard competition has been healthy, with the supermarket discounts, but they are also but it is not as transparent as it should be. My concerned about the so-called terminal gate price understanding is that the major supermarkets are getting (TGP). That has been highlighted by a document that a better deal at the terminal gate than are the was produced by the Honourable Damian Drum in the independents. other place. I quote from the document:

It is also a major issue in Kaniva, which is near the The effective value of the TGP was annulled by the South Australian border, in the West Wimmera shire at allowance of selective discounts before and after the published TGP, thus removing the potential for true and the western end of my electorate. Its only fuel outlet transparent competition between oil companies at the was about to close. Cr Darren Rayner, one of the new, wholesale level. young councillors there, has taken on this responsibility … along with others in this community by trying to set up a cooperative to continue the operation of the service The first year of operation of the TGP act was described as a station. They are purchasing it from Scotts Transport, ‘shake-out period’. This has not resulted in oil company compliance. Perhaps they need to be shaken a bit more. the transport people from South Australia, but are having difficulties with registration and the cost of [The] TGP was supposed to result in independent wholesalers transfer of ownership. and retailers being favoured by an environment where virtually all sales were on [the] TGP and the opportunity to This problem was highlighted by the case of Mr Barrie negotiate supply price and conditions on a ‘bottom-up’ basis was available in conjunction with terminal access. This has McDonald of Willaura, also in the area, who raised not occurred. with me his concerns about the buying and selling of service stations. This came about because of an article The National Party was considering whether it would in the Victorian Automobile Chamber of Commerce move amendments that the Honourable Damian Drum magazine that indicated that operators of independently had drafted. I quote the amendments: owned service stations may unwittingly be taking on liability for underground tanks and pipes. I will quote 1. Clause 6, line 2, omit “In section” and insert “(1) In section”. one paragraph from the article, which is titled ‘Underground fuel tanks — buyer beware’: 2. Clause 6, after line 3 insert —

Businesses that store fuel underground are being warned to be “(2) Section 6(b) of the Principal Act is repealed.”. aware of any environmental clean-up that may be needed before signing on the dotted line to purchase their sites. It 3. Clause 7, after line 10 insert — seems oil companies are increasing efforts to handball liability for potentially expensive environmental clean-ups to “( ) Section 7(5)(b) of the Principal Act is repealed.”. business owners. To understand how these amendments come about, I This is another reason why we are losing retail outlets refer to the principal act. Section 6(b) talks about: in many small country towns. deducting from the total determined under paragraph (a) any Marnoo — it used to be in the electorate of Wimmera, discount or rebate provided by the declared supplier for that which I represented, but I think it is now in the member sale or supply. for Ripon’s electorate — lost its retail outlet. A local That is where the independent retailers have been community cooperative was set up, but it has to operate jumping up and down and lobbying hard. Hopefully the on a cash-only basis in order to survive. government will take some action in this regard, I have also received letters from the Hindmarsh Shire because independent retailers are feeling the pinch. Council, which represents the towns of Dimboola, They are not being treated fairly by this so-called open Nhill, Jeparit and Rainbow, and many areas in between. and transparent government and, more importantly, by It has grave concerns about the future of fuel retail the major retailers, Caltex and Shell, in regard to outlets in its towns, with the pressures in place by terminal gate pricing. government with regard to the Environment Protection I looked at the compliance summary on page (v) of the Authority, and also regarding control and monitoring of government’s report on terminal gate pricing. It talks storage. It is fearful that the pressures put on by the about publication of terminal gate prices on the web government — the red tape that is being applied — will site, including prescribed information on price and drive some people out of small towns. terminal location. It says that suppliers were partly complying; they should be totally complying. It also PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

1442 ASSEMBLY Wednesday, 10 November 2004 talks about invoice disclosure, and again says that they This city-centric Labor government has a poor track are partially complying. It talks about notification of record in relation to fuel and fuel pricing. Over time product shortfalls — again, partially complying. We, previous Labor governments have had a real love-hate particularly those of us in country Victoria, need to relationship with motorists — although it has been make sure we get the best value for fuel and that there more a hate of motorists because the government loves is equal opportunity, whether for independents or to tax them. Motorists have been taxed on the Scoresby majors, to buy fuel at a similar price. tollway and with an $80 car registration for pensioners, health care card holders and veterans. We support terminal gate pricing; we support further work being done to make sure that it is true terminal The member for Ripon is grabbing a glass of water, gate pricing. We know the terminal gate price (TGP) is because it is getting hot in the kitchen and he wants to on the Internet, but we also know there are discounts cool down! and add-ons after the TGP. As I said, the independents tell us they have been discriminated against by the way Between 1983 and 1993 Labor governments increased it has been operating. As I highlighted earlier, they have fuel excise from 6.155 cents a litre to 34.185 cents a been run out of business because of it. litre — an increase of 28 cents a litre, or 450 per cent. We must keep an eye on the government because we Regarding petrol temperature at the point of sale, as I are fearful that it will again tax us out of business, said, my understanding is that a tanker, a semitrailer particularly in relation to fuel. load, is normally about 48 000 litres. It is important that we get this right. I know that was talked about on the I finish by saying that fuel and transport are important earlier occasion on which we discussed this legislation, issues for us in country Victoria. Because of in 2000. It is pleasing to see that the government has competition we have seen some equalisation in prices taken action, because members of this house and others from the country to the city, and we support that. We do have raised the issue of temperature. We support that not oppose this legislation because it takes a step taking place. forward, particularly in relation to the temperature at which fuel is distributed, and we welcome that. Overall Regarding refusal of supply, we know that operators the government is taking another step forward in currently have to liaise with Consumer Affairs Victoria relation to the transparency of fuel prices, particularly and also the minister. But because of the changes in the for people picking it up from terminals. We wish the bill there will no longer be any need to liaise with bill a speedy passage, as we will not be opposing it. Consumer Affairs Victoria and the minister can use his authority. We believe this bill makes it a lot easier to Mr HELPER (Ripon) — It gives me a great deal of refuse supply, and that concerns us. pleasure to speak on the Petroleum Products (Terminal Gate Pricing) (Amendment) Bill 2004, just as it gave In December 2003 I put out a press release headed me pleasure to speak on the original Petroleum ‘Shortage of diesel fuel worries region’. It said that in Products (Terminal Gate Pricing) Bill back in 2000. the Lowan region: This bill is very much about refining experience from the legislation that was introduced in 2000. Farmers and grain carriers in the midst of harvesting are being put under enormous stress because of very restricted supplies I am really pleased to hear that neither the Liberal Party of diesel fuel. nor The Nationals will be opposing the legislation. I was critical of the major oil companies for not Referring back to the contribution made by the member ensuring that there were greater stocks on hand to for Bulleen, I have visions of him having scratched his enable farmers to get their crops off without disruption head since 2000 because I may have suggested that and possible loss of yield. I have had this problem in anybody could rock up to a terminal gate and purchase my electorate for the last two seasons, and particularly their fuel at terminal gate prices. I have visions of him in 2001. Farmers took a hiding because of seven poor thrashing about at night all the time from 2000 until years, and the last thing they needed was the disruption now about this error, and it must have been pressing on of the harvest because of inadequate supplies of fuel. I him tremendously. I regret that he may have lost a called on the Minister for Consumer Affairs in the other considerable amount of sleep over it. It is probably why place and the Minister for Agriculture to do all in their he is not in the chamber: he is catching up on that sleep. power to address this problem, and to their credit there was some action. The refusal to supply worries us. We The legislation has two primary purposes and also need to make sure that there are adequate fuel supplies tidies up and makes administrative improvements to the when there is a big demand, such as at harvest time. bill. The first primary purpose is to have temperature PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1443 compensation off the terminal gate price. The member The third category of action under the legislation is a for Lowan may not have drawn this distinction, but it is range of amendments to improve the administration of necessary to note that we are talking about two things in the bill and to clarify definitions, for example, of who is terms of temperature compensation. The first is in a wholesaler and who is a retailer, going to the issue relation to terminal gate pricing, and that is what this that has been troubling the member for Bulleen since bill is about. But the second is the temperature the year 2000. It clarifies a range of issues so that the compensation for delivery of fuel to service stations. legislation will work far more successfully.

We had a circumstance where service stations were The members for Lowan and Bulleen dwelt on the suffering significantly because fuel was delivered at claim that the existing 2000 act has not had an impact high temperature — and we all know the physics that on fuel prices. The review by Consumer Affairs fuel expands et cetera — and the actual volume sold to Victoria found that the time during which the the service station proprietor ended up being less litres. legislation has been operating may not have been long That issue has been addressed and was addressed enough for a judgment to be made on whether there is a shortly after the legislation came into effect back in positive long-term-trend impact of the legislation on 2001 through weights and measures regulations. I am competition and reducing fuel prices, so in a way the pleased that has been taken care of because, as jury is out. I guess given it is a hypothetical question as honourable members may know, I was a service station to what the fuel price would be had it not been for the proprietor in a previous life and was aware of that as an legislation, we will never know the answer to that issue. I knew it was of grave concern to people in the because the legislation has been in operation since industry, but that has been fixed since 2001. 2001. In effect, arguably we could be in a worse situation in terms of competition. It is noted that over This bill relates to temperature compensation and that time the price differential between regional and makes sure that the terminal gate price, as posted, metropolitan areas has reduced. I am not claiming that relates to a product at a certain temperature, that being credit for that goes exclusively to the 2000 legislation, o 15 Centigrade. I might also say that in relation to the but arguably it would have had a positive impact on it. temperature compensation in the second scenario — that is, of the transfer between the terminal and the With those few words I commend the bill to the house, service station — Victoria very much led the way and and I thank the Liberal Party and The Nationals for probably caused the introduction of those temperature their support of the legislation. compensation measures to occur in most, if not all, other states. So we have really achieved something Mr SAVAGE (Mildura) — I rise to support, like worth while for the industry Australia wide. other members, the Petroleum Products (Terminal Gate Pricing) (Amendment) Bill. As other members have The second component that the bill addresses is the said, the bill was initially introduced in this place in introduction of greater flexibility in the administrative 2000 and came into effect in August 2001. I note the arrangements that allow a declared supplier to refuse to comments in the second-reading speech by the supply customers where there is a fuel shortage. The Attorney-General that the objectives of the bill are: member for Lowan indicated that that gave him some concern. That concern is unnecessary because the … to promote greater transparency in the wholesale pricing of petrol and diesel and to improve access to competitively administration of the declaration of a shortage of supply priced fuel at terminals for all customers. will be part of regulations, and therefore the ability to monitor and adapt those regulations will be quite easy He said also: to do. If a problem emerges, there can be a relatively rapid response to it. The review found that during the first year and a quarter of operation the act had achieved its objectives. Access to supply at terminals was no longer considered an issue … The review of the 2000 act undertaken by Consumer Affairs Victoria did not find any great issues with Further, it is noted: refusal of supply. There were no reports of wholesalers going to the terminal gate and being refused supply. So First, the bill improves transparency by requiring terminal gate prices to be determined by reference to the volume of in effect this bill brings in a greater amount of o fuel measured at 15 Celsius. Currently the act is silent on the flexibility. If refusal of supply becomes an issue, it will temperature at which fuel is measured to calculate terminal be administratively easier to put in place a solution to gate prices. that through the regulations that will contain the administrative arrangements for the declaration of As other members have said, there are some refusal to supply. imperfections in the bill. They are not the fault of the PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

1444 ASSEMBLY Wednesday, 10 November 2004 bill in the sense that the original intent was to take out legislation, and other states have come on board. As I the greatest problem — that is, discounting that is understand it, initially they said, ‘It can’t be done’, or, hidden behind the terminal gate price (TGP). There is ‘We’re not interested’. It has now been done and there an impediment that members should be aware of, but I is a difference. The loss of fuel and revenue to some do not remember hearing anybody mention it. It is service stations before the temperature correction was called the Trade Practices Act. Federal legislation takes huge, and it was nothing more than a rort. That is an precedence over state legislation, although the indication that we have achieved something. Although I interpretation is somewhat liberal. I am puzzled as to am critical of the failure of the bill to go as far as it why it could not have been utilised more readily. The should, we should also recognise the good aspects that reason is that the Australian Competition and terminal gate pricing has produced in Victoria. Consumer Commission (ACCC) had a view that if you take away the hidden discounting component, you lose On that basis, and because I know that it is planned to competition. I think it has been clearly determined by adjourn debate on the bill and go on with something members in this place that the independent operators else, I commend the bill to the house. Victoria has led are suffering grievously because of the hidden the way on this. I wish we could do more. Were there a discounting, and they are the ones who at the moment change of heart we could do more, and it would be in determine the discount price of petrol, if there is any. the interests of the independent operators who are being So there is a catch-22 that is somewhat oxymoronic. crucified by the nature of the flawed TGP model. I commend the bill to the house. The Consumer Affairs Victoria report into terminal gate pricing also noted that the competition, according to the Mr LONEY (Lara) — I wish to make just a few ACCC, was built around Liberty Oil. Since brief comments on this because it is a matter in which I Woolworths purchased Liberty and indicated that it did have had an interest for quite some time since it was not want to start a price war, the argument that the first brought to my attention some years ago — that is, ACCC put forth has dissipated and that strategy is no the question that the member for Mildura was just longer relevant. In that report the CAV agrees that the talking about, an ambient temperature for petroleum degree of non-transparency in general still remains compared to having a set temperature at which the through discounting from the published TGPs. There is volume is measured and the price set against. a clear path forward, if we had the will, to improve fuel pricing in Victoria. The bill has the capacity, if we had Allowing the use over the years of the ambient the will. Unfortunately, as I have said, the ACCC has temperature to determine terminal gate pricing has been a definite impediment to that. acted in two ways to have a quite wrong effect. The first has been that wholesalers and users have been In defence of the legislation, I have noticed in my charged for petrol they have not actually received, area — I have not recently but I have been a regular particularly on a very hot day. If they happened to buy seeker of information on the terminal price on the their petrol on a 30 degree or 32 degree day, on a large Internet — that the price disparity between Melbourne purchase they could have paid for some hundreds of and Mildura has been a lot less since the introduction of litres they did not receive. For petrol retailers it is a the bill. I know that prior to terminal gate pricing if a major problem, because they will have in effect paid for distributor owned a site as well as a distributorship it petrol they do not have to sell. This is an industry that was making up to 22 cents a litre. That is something works on very low margins and relies on volume sales that has been acknowledged by the ACCC in the to return them. past — that country petrol fuels were much more expensive and the disparity between the TGP and the When retailers lose the sorts of volumes that can be actual price on the pump was quite significant. lost, it is very difficult for them to make that up in an industry that works on very low margins. The other On the issue of temperature correction, Victoria is to be group that has also been savagely affected by this — congratulated because a 15o Celsius temperature and it is not the petrol retailers — is the large transport correction was in the original bill but was taken out so companies that have their own tanks and pumps, buy that a ministerial council could be formed to discuss direct at terminal gate price and run large fleets. They this as an Australia-wide standard. That was done, and are having the same problem. They have been paying the 15 degrees was put into regulation. Now that is for petrol which they do not receive. This can amount further enhanced by this bill providing that the TGP has to thousands of dollars. It could amount to over tens of to be at 15o Celsius. That is an Australian first. Those thousands of dollars over the course of a year for a large who say that the bill has had no effect and has done transport company paying for fuel that it does not nothing are wrong. This has been pioneering receive because of this past practice of ambient PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1445 temperature determining the price you pay for it. It is public benefit can come from those sorts of proposals. I welcomed that petrol will now be priced at a controlled hope this bill moves through the house and the other temperature. place in a speedy fashion.

The other effect of this over the years has been a Mr JASPER (Murray Valley) — I am pleased to windfall profit to the refineries in two ways: firstly, the join the debate on the Petroleum Products (Terminal money they get on petrol that does not exist — they get Gate Pricing) (Amendment) Bill 2004. I declare from paid for that; and secondly, the customs and excise they the outset that Jasper Brothers owns and operates a pay has been levied on petrol at 15 degrees. They also general motors dealership at Rutherglen and Corowa make a windfall on the tax. I remember raising this with and is involved in the distribution of fuel. I have an the commonwealth government some years back. I indirect family interest in that business. I mention that said, ‘You are forgoing all this excise on the fuel. Why particularly not only to declare that interest but to aren’t you concerned about that?’. The response was indicate that I have some background knowledge of the basically, ‘It is all too hard’. This windfall came both operations of not only the motor industry but the fuel ways: firstly, the refineries were receiving money for industry. I have to say that when I entered the petrol which did not exist; and secondly, they were not Parliament over 20 years ago I said to my father, ‘I will paying any tax on that anyway, so they were effectively get into the Parliament and I will fix this petrol pricing’. getting a double windfall from it. I am very pleased that He said to me, ‘You will never fix it’. His comment this bill is now correcting that in some measure and was made not only on the basis of the control that the getting some balance back into the system. As some oil companies have throughout the world in the members have said, there are further things that could production, refining and distribution of fuel but also be done, but this is a particularly worthwhile because as a result of that we find there is little amendment. protection for many people within the motor industry itself and in the petrol reselling industry particularly. I agree with the comments of the member for Mildura that it shows that even with very difficult and It is also worth mentioning that over 20 years ago we had seemingly intractable problems at times, by taking a 20 000 resellers of fuel within Australia. That has been persistent approach you can get somewhere. Small reduced to less than 6000. The belief within the — — steps are worthwhile steps with these sorts of things. It says to us that eventually when the other great rip-off in Honourable members interjecting. petrol pricing, GST, goes over a certain price — it is now $1.08 a litre or thereabouts in the metropolitan The SPEAKER — Order! If the member for area — — Benambra and the Minister for Education and Training wish to have a discussion, I suggest they go somewhere Mr Savage — It is $1.15! else.

Mr LONEY — It is $1.15 in Mildura, evidently. At Mr JASPER — I just want to complete that those sorts of prices there is also a huge windfall gain particular point that over 20 years ago there were flowing through. That is perhaps the next area that 20 000 retailers of fuel throughout Australia and that could be addressed, not in this Parliament but in figure is now down under 6000. It is believed by people another, to the benefit of consumers. I am pleased that involved in the industry and the Victorian Automobile this issue has been brought into the house in this Chamber of Commerce that that number will reduce to particular respect. It has been a difficulty — and one under 4000. Comments are being made to me that the that has acted to increase costs for ordinary motorists, involvement of the large retail food distributors and transport companies and distribution companies not just retailers in Australia — Coles Myer and Safeway — across Victoria but across Australia — and this bill will that are providing fuel discounts will make it harder for be welcomed by people. Hopefully those savings for independents to operate. the transport companies of some thousands of dollars a year will now be passed onto the end consumer as well Mr Helper interjected. as a result of that. Mr JASPER — I confirm that Jasper Brothers With those comments I welcome this bill before the operating at Rutherglen is an independent retailer of house. It is a very worthwhile initiative. I might add the fuel. It is certainly difficult to be able to make profit commendation here that it does flow from the original within the industry. bill that was proposed by the member for Mildura. We I have to put on record that people who are independent are pleased to see that legislation that can result in a real retailers say they are not making money in the petrol PETROLEUM PRODUCTS (TERMINAL GATE PRICING) (AMENDMENT) BILL

1446 ASSEMBLY Wednesday, 10 November 2004 retail industry because of the difficulties and the control being provided with the fuel at $1.07 and is selling it at exercised by the large retailers and oil companies $1.099. He has almost a 3-cent margin, but the retailer operating within Australia and indeed throughout the cannot make a profit selling fuel with a 3 cent or 4 cent world. a litre margin. You can work that out easily: if you sell $50 worth of petrol, it is 50 litres, and if you make It has been an interesting exercise to see what has 4 cents a litre, you have grossed $2 from selling happened over the years — the investigations into the $50 worth of petrol. industry, the representations that have been made by myself and other people seeking to get the government An honourable member — Too much! to do something to protect the industry. I go back to the early 1980s when Lindsay Thompson was Treasurer of Mr JASPER — Too much? You have that margin this state — before 1982. He introduced legislation into and then you find the person has a credit card so you the Parliament which was going to protect the industry. lose something on the credit card, and then you operate With two pieces of legislation the government of the the business and pay wages. What they have sought to day sought to, firstly, ensure that the oil companies had do is operate other things and go into other areas to try a minimal number of retail outlets, and secondly, to to make money. It is a difficult industry. protect those in the retail industry by enabling them to buy at least 50 per cent of their fuel from someone Terminal gate pricing has been a move in the right other than the distributor who was providing the fuel to direction. The difficulty with terminal gate pricing is them. That certainly helped. Action has also been taken there are still discounts available. The large petroleum at a federal level with legislation seeking to protect the operators — Shell, Caltex, Mobil et cetera — are industry and protect people within it. operating on a discount below the terminal gate price. We have to get to a situation where the price that comes I return to what I was saying at the outset — that is, that out of the terminal is the price everyone pays, and there the industry is such that you will never be able to is complete transparency right across the retail chain. control the discounting that takes place within it and be While the actions taken today in this legislation do not able to protect the retailers, particularly the retailers of overcome the problems in total, they add to the work fuel, and make them profitable in the industry. I do not done. blame people who are buying fuel and looking to get it at the best price. I have been a great supporter of private The petrol temperature at the point of sale is a critical enterprise over the years I have been in the Parliament. issue. Setting it at 15 degrees is a move to try to achieve I have been a champion of private enterprise. In fact transparency in the volume of fuel being sold. Jim Simmonds, a former minister in this Parliament, Exemption from the refusal of sale to a customer where called me a bush socialist because he said I was a there is a shortfall in the availability of petroleum, strong advocate for private enterprise, that I spoke although it only happens on occasions, is a move in the strongly on the need to protect people and encourage right direction. The definitions of retailer and distributor industry in country Victoria. I sought to protect people have been amended to more accurately reflect those in country Victoria purely and simply because country who participate within the industry. people have more difficulty operating than those in While I applaud the fact that the legislation before the metropolitan Melbourne. The same thing happens in house is attempting to provide greater transparency in the fuel industry — you do not have the same ability to the industry, we will continue to see difficulties in the protect yourself when operating in the fuel industry. retail area, particularly for those living in country areas. The actions taken by the legislation to implement Despite the moves seeking to get equal pricing terminal gate pricing have been a move in the right structures between metropolitan and country areas, it direction in seeking to get clarity and be able to has still not been satisfactorily achieved. There are publicly determine what that terminal gate price would some areas where there are pockets of discounted fuel, be for a particular refiner of fuel and to get that as a such as at Wangaratta at present where the fuel price is uniform price at which people can buy it from the $1.029. That is below what it costs coming out of the refinery. We have a situation where a person in refinery so there has to be a discount arrangement being Melbourne can buy fuel when the terminal gate price is made through the Coles Myer or Safeway arrangements $1.05, yet a retailer in north-eastern Victoria might be or the independent retailer who is operating there. That paying $1.07 a litre. The argument for the increase in makes it hard for everyone else around to operate and price is delivery charges and franchise fees and they be profitable. add on lots of other charges which are not exactly transparent. The retailer is in a situation where he is ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1447

I strongly support the fact that we have a private different price to retailers due to the temperature of that enterprise situation, but where we have fuel, which is so fuel. important to the Australian economy, we need to get action. We need to put in place legislation which will This is a good move to bring about equality in those protect people right through the line from the refinery prices, but I want to take the opportunity to give credit through to the distribution system and retain those to the work done by David Evans. He certainly brought people who seek to continue to work within the this to the attention of the industry and to governments industry at a retail level. In closing, I indicate my throughout Australia, including the federal government. continuing concerns for the industry operating in The work he did had an enormous effect on bringing Australia and those who are involved in it. I hope we about a closer level of equality between country and can get to a situation where we have a number of city fuel prices. service stations, albeit a limited number, being able to operate effectively and profitably and continue to Ms KOSKY (Minister for Education and provide excellent service to the residents of Victoria, Training) — I thank the members of this house who who have an absolute need for petrol and fuel in have spoken on the Petrol Products (Terminal Gate general. Pricing) (Amendment) Bill. In particular I want to thank the members for Bulleen, Lowan, Ripon, Mr PLOWMAN (Benambra) — I will speak very Mildura, Lara, Murray Valley and Benambra for their briefly on this bill. It is with pleasure that I support this support of this bill, which is very important. We wish it bill. I spent about three years working on a backbench a speedy passage through to another place. subcommittee chaired by David Evans, a former member in another place. It was during that time when Motion agreed to. the differential between country and city fuel prices Read second time. throughout most regional centres, let alone outlying centres, was between 12 cents and 18 cents a litre. That Remaining stages backbench committee did an enormous amount, due largely to the efforts of David Evans, to research the Passed remaining stages. reasons for that price differential, why it was so great and what could be done about it. One of the things David Evans recommended and his committee tried to ELECTRICITY INDUSTRY (WIND implement was a terminal gate pricing arrangement. ENERGY DEVELOPMENT) BILL

I want to pay great credit to the work David Evans did. Second reading For three years he persevered against the odds. The fuel companies would not have a bar of him, governments Debate resumed from 13 October; motion of of all persuasions said it was all too hard and it seemed Mr BRUMBY (Treasurer). almost impossible to break that stranglehold where Government amendments circulated by there was an incredible differential. As you, Acting Ms KOSKY (Minister for Education and Speaker, said in your contribution to debate on this bill, Training) pursuant to standing orders. country people have no alternatives. In so many cases there is no public transport. In so many cases for Mr CLARK (Box Hill) — The Electricity Industry country people to do what they would like to do with (Wind Energy Development) Bill is, as its name their kids — the things all families do — it means the implies, a bill that relates primarily to the generation of travel component is sometimes up to 10 times what it electricity from wind energy, though it does not relate would be for someone in the same circumstance living exclusively to wind energy. in an urban situation. As a consequence, this incredible discrepancy in fuel pricing made it very difficult for The provisions of the bill are twofold. The first is to country people to accept and even understand. change the arrangements under which the cost of connecting a wind energy generating system to a I commend the government on this bill. The final part distribution network is determined and shared. The of this bill in introducing the petrol temperature, as the second relates to the publication by various electricity member for Lara said, brings about a much greater retailers of the prices, terms and conditions according to level of equality in the sale. Retailers or people which the retailer can purchase electricity supplied purchasing fuel will not be taken down, as they were in from wind energy and some other generation facilities. the past, by the fact that fuel could be sold at a much ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1448 ASSEMBLY Wednesday, 10 November 2004

The first of these objectives hinges on proposed that a licence to sell electricity held by a relevant section 15C to be inserted into the Electricity Industry licensee — that is, by a retailer — is deemed to include Act 2000. What proposed section 15C does is allow the a condition requiring the licensee to publish in the Governor in Council, on the recommendation of the Government Gazette an offer comprising the prices at minister by an order published in the Government and terms and conditions on which the licensee will Gazette, to declare an augmentation or proposed purchase non-pool electricity supplied and, in the bill as augmentation of a distribution system to be a relevant it stands, supplied from a relevant generation facility. augmentation. Behind that jargon lies the fact that an However, under amendments which I have only just augmentation refers to an extension or addition to a seen it appears that the government proposes to distribution network that takes place, in this case, in substitute for the reference to a ‘relevant generation order to connect a wind-generation facility or wind facility’ a reference to a ‘relevant generator’. I will farm to that network. Such an extension or come back hopefully to that matter later on. augmentation or proposed extension or augmentation can be declared a ‘relevant augmentation’. If it becomes The opposition’s position in relation to this legislation a relevant augmentation, then it can be covered by is that we support renewable energy and we support the proposed section 15D, under which the Governor in intelligent and well-considered policies to facilitate and Council, again by an order published in the assist the introduction and development of renewable Government Gazette, can: energy within the Australian and Victorian energy markets. As part of this we support the introduction of … specify the principles to be applied by an operator of a wind farms under such policies, provided that they are relevant distribution system in determining connection not imposed on local communities which do not want charges for connection to, and use of, the relevant distribution system by the generation company in relation to them or not imposed on sensitive landscapes. However, electricity supplied from a wind energy generation the opposition opposes this bill because this bill is a facility … long way from reflecting intelligent and well-considered policies, and indeed it is likely to bring Procedures for resolving disputes over the application about many serious problems. of the principles that the Governor in Council sets down can also be specified. To specify those problems briefly: firstly, it will promote the further proliferation of wind farms in just Then a further provision proposes to insert proposed those sensitive coastal landscapes where wind farms are section 15E, under which the Governor in Council by least acceptable; secondly, it will impose the cost of order published in the Government Gazette can specify connecting wind farms to the power grid specifically on the pricing principles that will apply to the making of the customers of the two distribution companies that determinations under the Essential Services cover rural Victoria; thirdly, it will make access to the Commission Act 2001 regulating certain charges in subsidy arrangements created by the bill dependent on relation to the use of a relevant distribution system. approval at a political level and thus further undermine The purpose of all of that is described in the the independence and impartiality of the regulation of second-reading speech, which indicates that the the energy industry and risk the misuse of political government is concerned that a present-day wind farm patronage or even in extreme cases risk corruption; developer has to bear the full cost of the connection fourthly, it will further fragment the regulation of augmentation costs, and it is argued that subsequent energy industries across Australia thus undermining the wind farm developers can connect at a much lower government’s own goal of national uniform regulation; cost. The second-reading speech makes clear that what and finally, the specification in the bill of the obligation the government wants to do is have the Governor in of retailers to publish the prices at which they will buy Council publish binding principles that will apply to the renewable wind or other energy will give rise to many way the distributor sets charges and that: practical difficulties and uncertainties.

The principles will ensure that the least cost network upgrade To elaborate on these points, as I referred to earlier, that will connect wind generation facilities is built, and that what this bill does is allow government to set rules for wind energy generation facilities only pay a reasonable share the connection of wind farms to distribution networks of the augmentation cost. such that the cost of those connections will be lowered In relation to the second of the two objectives that I below what they would otherwise be, and the situation referred to, the bill proposes to insert a new section 23B in which the greatest relative cost advantage will be into the Electricity Industry Act 2000, the operative part provided is in those locations for wind farms which are of which is proposed subsection (3), which provides away from the current distribution or transmission networks and which, therefore, will derive the greatest ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1449 benefit from the cross-subsidies that are being provided you are a wind farm proponent who happens to get on under this bill. As a generalisation it is fair to say that the wrong side of the minister, it will be tough luck those locations are ones that are along Victoria’s because you are going to miss out, you are not going to coastline, both to the east and west of Melbourne. The get the imprimatur and your project is going to fail or house does not need me to tell it that in many parts of languish compared to that of someone who gets on the coastal Victoria these wind farms have been the subject right side of the minister and gets that order in council. of justifiable grief and concern by the local communities which are having them imposed in This is taking regulation of the energy industry in sensitive landscapes in complete disregard of their Victoria yet another step away from the model of an wishes. This bill will simply enable that process of objective, impartial, non-political regulatory regime. imposing wind farms on those communities to be We are heading even further in the direction of some of perpetuated with renewed and increased vigour. the worst aspects of the regulatory regime that has traditionally applied in the United States of America. The subsidies that are created by this bill are ones that That has been largely determined as a process of are to lower below what they would otherwise be the political lobbying under a costs-plus type arrangement costs of a particular wind farm being connected to the where, necessarily, energy companies devote an system in the hope that down the track others will enormous amount of their resources to the lobbying of connect to the augmentation of the system that is being governments, to influencing governments and to put in in order to connect the wind farm, and thereby currying favour with governments because so much of enable the cost to be recouped. In fact those subsidies the fate of their business depends on the goodwill of the are putting the risk of that, and the real potential that politicians concerned. That is a highly undesirable and others will not come along to connect to the system, unnecessary aspect of this legislation. onto the distribution company in the first instance and therefore through to the customers of the distribution Even if we take it for granted that for other reasons the company. This is because the principles of the regime objectives of the legislation are desirable, why is it that under which the electricity industry works are that the this central, crucial element is not determined on augmentations of the system that are required are objective grounds specified in the legislation, approved included in the asset base of the distribution company by the Parliament and administered by an independent concerned and are therefore taken into account when and impartial body? Why is it that a minister of the the prices which that distribution company can charge Crown, a minister of the government of the day, has the are being determined. sole and unfettered discretion as to which of these proposed wind farms gets its case taken to the Governor That leads to the second point I made earlier — namely, in Council for an order to be made that will mean that this cross-subsidy cost is going to be imposed on potentially millions of dollars difference to its business the customers of the distribution companies that are and viability? As I said earlier, at the very least this affected by these augmentations for wind farms. They risks the development of a culture of political patronage are going to be primarily, if not exclusively, the two that is highly undesirable. At worst it opens up the distribution companies that cover rural Victoria on the potential for corruption for reasons that should be assumption that few, if any, of these wind farms are obvious to every honourable member in this house. going to be within the distribution districts of the metropolitan distribution companies. The fourth ground for concern is, as I indicated, that this measure is being introduced specifically to Victoria The third concern the opposition has in respect of this in a way that is not part of a package that has been bill is that all of this is entirely dependent on a political thought through and agreed upon at a national level. decision — that is, a decision at a political level by the Different states are doing different things, and the government of the day. It is the Governor in Council, opposition was told in its briefing that other states have on the recommendation of the minister, who will be adopted various other measures. Victoria has declaring that an augmentation, or a proposed traditionally been at the forefront of the efforts of the augmentation, is a relevant augmentation. In other Ministerial Council on Energy to create an Australian words there will have to be a process of political energy regulator and an Australian energy market lobbying of the minister by wind farm proponents in commission in order to harmonise and integrate the order to get the imprimatur, the red seal, of the minister disparate energy market regulations currently in place who takes it to the Governor in Council. The Governor across Australia. At the same time as the government in Council in turn makes the augmentation a relevant on the one hand is trying admirably to get a more augmentation and that therefore attracts the uniform regime of national regulation, this piecemeal cross-subsidy regime being established by the bill. If measure is being introduced that cuts completely across ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1450 ASSEMBLY Wednesday, 10 November 2004 that and runs the risk of undermining the benefits for from the requirement to hold a licence in respect of that which the government has been working. activity.

Last but not least I turn to the provisions relating to the I assume that that second paragraph may extend to requirement that retailers publish prices at which they small businesses with solar cells on the roof and will buy renewable energy. As I said earlier, this part of similar. the bill is subject to amendments that have only just If that is the case, then the reason for the amendments is been circulated in this house. I do not know whether understandable, but that still does not tackle a number they were provided to the Honourable Bill Forwood, a of the problems that exist with these provisions. We are member for Templestowe Province in the other place in the incongruous position where these amendments and the opposition spokesman on energy, but I would require retailers to publish the price and the terms and certainly have thought that the minister responsible for conditions on which they will purchase electricity, yet the bill in this place — namely, the Treasurer — in the minister made it clear in the second-reading speech accordance with the usual courtesy would have ensured that buyback rates will not be regulated by the that my attention was drawn to these amendments government, so it seems that licensees will be able to before the bill was brought on for debate. I gather The publish any prices they like in complying with this Nationals are in a similar position to the opposition on condition and that however meaningless, however this score. trivial and however unattractive those prices are, they These amendments address an issue that I raised with will have complied with the provision. relevant officers of the department in the course of the It is also not clear whether the licensees can nominate briefing they provided to the opposition. At that point I differential prices for different potential suppliers. On raised the question of why in proposed section 23B my reading I think they probably can, because the there were references to a facility or class of facility reference to the party from whom they are going to operated by a generation company, particularly in purchase electricity is not to a class of persons — subsection (2), which then has consequences for namely, relevant generators — but to an individual subsection (3). relevant generator. As far as I can see they could put up The reason I raised that was that it seemed inconsistent on their web site or elsewhere an offer to buy electricity with what was said in the second-reading speech, in from one relevant generator at one set of prices and which the minister indicated that the requirement that from another relevant generator at another set of prices. prices be published for standard rates of power One wonders where that gets us. purchased from small wind farm facilities may in the It has also been put to me that there is a conceptual and future also be extended to other small generators such practical difficulty in retailers other than the retailer that as photovoltaic facilities. It was argued that the bill physically covers the location of the generator would therefore provide clarity and transparency for concerned actually buying electricity from them, those who were less able to negotiate buyback rates for because it is only the retailer with the local load — that power with retailers. It was indicated to the opposition is, with the load that is affected by this relevant during the course of the briefing that this may well generator — that receives the benefits of the energy extend to a range of people in small businesses and produced, because for that retailer it reduces the amount households and others who may have solar cells and that is required to be purchased from the pool. I want to sell power back into the grid. understand that in order for another retailer to purchase The question I asked of the officers at the briefing was that electricity a more complex arrangement, which I this: if you have a reference here to generation gather is referred to as a wheeling arrangement, may be companies, what is a generation company, and will required to allow a swap or a wheel of the electricity somebody with just a few solar cells on their roof from one retailer to another. Notwithstanding that a qualify as a generation company? I think what the whole lot of retailers may publish prices, there may on amendments before the house do is replace the that argument be only one retailer that is in a position to reference to ‘a generation company’ with a reference to buy the electricity from that relevant generator. a ‘relevant generator’, which means: The following questions have to be asked. Has it been (a) a generation company; or established that there is a problem at present? What exactly is this provision hoping to achieve in terms of (b) a person engaging in the generation of electricity for advancing the current situation, given that there is such supply or sale that has been exempted under section 17 a range of ways in which a retailer can comply with a ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1451 letter of obligation without doing anything of practical The issue relates specifically to wind farms. What is benefit? Is this simply intended to be a softening-up happening in Victoria is that through its own ineptitude operation so that the government will come back on a the government is bastardising this industry against the later occasion and say, ‘This has not worked. We are interests of the industry and against the interests of going to be tougher and we are going to mandate more country Victorians in particular. That is happening stringently for retailers the conditions under which they because the government does not have appropriate are required to buy electricity from relevant planning guidelines in place, and it is happening generators.’? If that is the government’s intention, then because the government has interfered with the capacity it should tell the Parliament, the public and the of local communities to express a view by removing the electricity industry rather than trying to introduce these ability of local councils to become involved in a measures as a series of salami slices in pursuit of an planning sense in any wind farm development which ultimate objective. has a generating capacity of less than 30 megawatts.

In conclusion, for all the reasons I have indicated the It also is happening because all the things that this opposition opposes this bill. It will promote the government long ago professed in its charter of good proliferation of wind farms through a cross-subsidy governance — that is, listening, consulting and doing regime into those varying sensitive coastal areas where all those sorts of things — have gone out the window. the wind farms are least acceptable and are strongly On the contrary, the government is bent upon a path in opposed by local communities. The process by which terms of this particular issue — — this cross-subsidy regime is to be handled at the political level of government undermines the integrity Business interrupted pursuant to sessional orders. of the electricity system, creates the potential for political patronage and, in a case such as this, where Sitting continued on motion of Mr BATCHELOR there is absolutely no good reason for not having an (Minister for Transport). objective and impartial system, should be considered Mr RYAN (Leader of The Nationals) — As I was completely unacceptable. saying, Acting Speaker, in this particular instance this is Mr RYAN (Leader of The Nationals) — The an issue where the government is simply not listening Nationals are opposed to this legislation. to public views that are being put by the communities, particularly in country Victoria. It is for those three Mr Carli interjected. reasons that the government is overseeing an industry which I am afraid is now at severe risk of not being able Mr RYAN — ‘Why do you hate wind farms?’ is the to flourish in Victoria, whereas had this been managed interjection from the Labor benches. If the member properly that would not have been the case. cares to hang on and wait, I will tell him in just a moment. This is of great significance to the I instance the announcement — over the last 24 hours I communities I represent and to communities in many believe it to have been — made by Stanwell other country areas as well. So I will ask him to hold Corporation, a Queensland-based entity which is his peace for a moment and we will chat about that wholly owned by the Queensland government. soon. Stanwell, as it is known, owns and operates the facility at Toora in my electorate. The organisation has The Nationals support the principle of renewable announced over the last 24 hours that it is going to energy. We think the development of renewable energy abandon its proposed development at Nirranda, about sits well with people generally and that, done 20 kilometres east of Warrnambool. This was intended appropriately, it should be encouraged. The different to be a development of 50 turbines at a cost of around forms of renewable energy that are in the marketplace about $2 million for each turbine, which is the current now should be supported to a point. As I understand it, expense involved. It would have been a $100 million under the MRET (mandatory renewable energy target) project nominally, but I understand Stanwell has scheme, which is funded by the federal government, announced that that project is going to be abandoned. It something of the order of 40 to 43 different forms of is abandoning it because of the opposition that has been renewable energy enterprises are able to qualify. So a mounted by the people in the region. Again, that is regime which is intended to encourage the development what I understand the case to be. of renewable energy enterprises is in place, and we as a party support the general principle surrounding that. I fear for the industry and for the opportunities which it would otherwise present to country Victoria that that is a snapshot of things to come. Here we are with this ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1452 ASSEMBLY Wednesday, 10 November 2004 legislation, with the government blindly infatuated by place are more often than not said to be from the its view of the world as to how the industry should government of the day, yet here we have this piece of proceed and producing a bill for debate which is legislation which is patently opposed to those basic fundamentally flawed and which runs completely principles. contrary to many of the basic tenets that are driving the economy throughout Australia and in Victoria. It is bad As a further element of this, it was only in April that the for business. It is going to create uncertainty, yet we Treasurer, who is sponsoring this bill, created the still have the government plunging on with what it Victorian Competition and Efficiency Commission. At intends. the time this was lauded by the Treasurer as being yet another sign of Victoria’s emergence as one of those The bill has two essential aspects to it, and the member areas where deregulation and competition were going for Box Hill has explained them fulsomely. Essentially to drive our economy. The idea was that this entity was what is going to be able to be done here is that by order to scrutinise new regulations and legislation under in council the minister of the day who has charge of the which they are created to enable the application of what particular department will be able to interfere with the was termed a ‘business impact test’. This was all to add costs associated with the connection of the generator to the economic credentials of the government. It was into the grid and will be able to do it according to his or trumpeted as being yet another sign from this her whim and create a system of subsidies which will government as to its capacity to manage money and to be potentially passed on to the long-suffering consumer run the economy of the state. to the benefit of the generator. The bill defines the wind energy industry to be one of those generators that will Of course all of this happened in another setting, which be able to access this means of support. is very relevant. The Honourable Theo Theophanous in the other place, our esteemed Minister for Energy As the member for Box Hill has remarked, this is an Industries, has been one of those promoting the notion extraordinary structure to put in place. Here we have, of energy savings and promoting uniformity and completely at the whim of the minister, the potential for consistency across the electricity and gas industries a generator to be able to seek one of these orders to suit throughout Australia. The structure of those industries that generator’s needs. It is absolutely designed to combined is said to be worth of the order of $60 billion. create instability in the industry itself, and it is terrible So we have had the Minister for Energy Industries and dreadful public policy. Therefore on its face this driving those sorts of initiatives, but — alas! — the first element of the bill cannot be tolerated, and it is one whole thing has come to grief. In answer to the aspect of it to which The Nationals are opposed. rhetorical question which has been put to me throughout — that is, what has happened? — The other element of the bill — again talking about its government members have turned their backs on the essential terms — is the intention that there will be whole thing. By the very content of this legislation they added to the principal act a licence condition which have completely turned their backs on all those fine requires retailers having more than 5000 customers to initiatives. publish and offer standard rates for power which is purchased from wind facilities. Again this will be a Of course the wind energy industry already obtains matter to be undertaken by order in council and there substantial subsidies through the federal government’s will be difficulties potentially because of the mandatory renewable energy target scheme. The involvement of ministerial whim. industry would have absolutely no hope of being able to get started in Australia without the operation of that As I said, the legislation is fatally flawed and should not scheme. It presently runs at a figure of 2 per cent. The be before the house. This is classic Labor. Labor federal Labor opposition wanted to lift it to 5 per cent. members think they are going to advance the cause All of these things would have meant an enormous upon which they are bent by interfering in the way growth in the development of the industry across proposed by this bill, so they are going to go ahead with Australia, and particularly in Victoria. it. All of this runs contrary to the mantra that we have heard from the Labor Party over the last four or five Honourable members interjecting. years. Labor members have become persuaded to the cause of deregulation and competition. The speeches Mr RYAN — As is observed from behind me by that we now hear from the government benches could those who are helping me with this speech, there would well have been made by the occupants of the also have been a consequent imposition upon the government benches more than five years ago. Those long-suffering customer as the additional costs of who are proposing deregulation and competition in this funding these subsidies were being passed through, and ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1453 now we have this bill. There has been no public communities across Victoria. It is creating terrible discussion about this; the public is unaware that this is divisions in our communities, and my experience in my happening. They do not know what is coming through own electorate is testimony to that. It is pitting people the application of this legislation. And, dare I say it, has against people and families against families. the Victorian Competition and Efficiency Communities are divided. Neighbours are no longer Commission — this new organisation, this illustrious talking to each other. People who have been friends and band — had a chance to look at this? Not on your nelly, compatriots for decades are having those friendships Acting Speaker! destroyed by the development of this industry and by the ad hoc way in which it has been allowed to develop Again we have the silly situation where the government by this government. is going back upon the fine sorts of protocols about which it has been talking over these last few years. There is also the destruction of some of the greatest What we are now going to see is the capacity for these coastal landscapes in our nation. What are we going to generators to pass on to consumers connection costs to leave for the next generation if this sort of development get them into the grid. At what cost? Who knows! As continues in the way our government is presently has been observed by the member for Box Hill, there is allowing to happen? There is a huge personal and nothing in the legislation by way of guidance to assist financial cost to the people who are caught up in this. I in that regard. The whole thing — that is, the structure have been in many households and attended lots of and cost of it — is in the hands of the minister who will meetings over the past couple of years, and the agony be issuing these orders, so we have no idea. All we can of this terrible process has been played out in conclude is that inevitably it is going to be the households, particularly in the coastal regions of our long-suffering consumer who is going to get it in the state. neck. There is of course the situation with local government, At the moment we have an electricity code which which has been effectively taken out of the picture, as I imposes these sorts of costs on the generators have already remarked. This is shown in cases like the themselves, but all that is being pushed aside. Indeed Bald Hills proposal in my electorate and the one at these points and others were summarised well by Alan Foster North that is on the books now — the one that is Moran in an article which he wrote in the Herald Sun of to be developed by Meridian Energy, a wholly New 30 October: Zealand-owned enterprise. I pause to say that I wrote to the New Zealand Prime Minister only two weeks ago So Mr Brumby has introduced a wind energy development seeking her intervention in this because the Victorian bill that will require customers, not wind developers, to pay for the costs of new electricity lines that connect them to the government is simply not up to the mark. users. What does the industry itself say about all this? It is As with the commonwealth subsidy, consumers will be instructive to look at material that has been provided to unaware of the transfer. Needless to say, there was no The Nationals on behalf of Origin Energy by Julian scrutiny of the proposal by the VCEC. Turecek, who is the national manager for regulation and The new proposal piles on yet another subsidy to a hopelessly government affairs of that organisation. He sent us uncompetitive power source. It also thwarts the national correspondence summarising the opposition of Origin uniformity Victoria has so vociferously championed. Energy to this legislation. I will go through the broad That is a pretty accurate summary of the situation. headings without going through the detail. He talks about the fact that there is no market failure, that there Apart from anything else, the bill completely denies the is no necessity for the government to get involved in reality of what is happening with the development of this because, he argues, the pricing the government the industry in Victoria. It ignores the fact that the wants to impose itself in is at the moment able to be current generation of turbines are about 130 metres negotiated with the small generators in a manner that high at the tip of the blade. It ignores the fact that does not require the intervention of the government. comparatives pale when you look at the size of one of There is no need for the legislation; there is no call for these turbines — it is about a 35-storey building, with a it. He says further that this again is a situation where the propeller parked on the front and with a width twice regulator is being overridden. It is not the first time this that of the wingspan of a jumbo jet. These things are government has chosen to legislate across the top of the absolutely massive. It ignores all of that. Essential Services Commission, which nominally is the independent regulator. Here it is again getting involved It ignores the issue of community opposition and the when it should not. views that have been put so strongly by many ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1454 ASSEMBLY Wednesday, 10 November 2004

There are many problems with the gazetted pricing benefits of wind power to Victoria. I live in the area system that is proposed, and Mr Turecek sets those out where the Bald Hills proposal is supposed to occur, in his letter. He makes the point very fairly and where the Foster North proposal is on the books and correctly that this is utterly inconsistent with national where the small wind farm currently exists at Toora, energy market reform, which the current government and it is a fiction. It simply is not happening. I have opposed so bitterly over the years when this was taking been to the other side of the state, to Portland, where I place but which it now champions, at least nominally. know that Keppel Prince has its facilities. I have been The government is trying to pass legislation that flies in through there, and I have seen the construction process the face of the reforms it purports to be in favour of. Of going on. If that is able to continue, well and good, but course it is introducing cross-subsidisation, which is an the final take on this comes down to the fact that you inevitable product of this legislation. That in essence is first have to have a proper regulatory regime in the view that is put by the industry, at least insofar as place — and this bill is not it — and then you have to Origin Energy is concerned. have a proper regulatory regime to oversight the development of the industry, particularly in the An article in the Weekend Australian Financial Review planning stages, and we do not have that in Victoria. of 6 and 7 November discusses the Emirates scheme. The article is by Trevor Sykes and is headed ‘Wind Let it happen, properly designed and constructed in power looks like so much hot air’. It talks about the those communities that want it to happen, and we can issues of concern in relation to the development of wind yet see this industry succeed. At the moment I fear it is power in Australia. I quote from the beginning of the doomed, and be it on the head of this government if and article: when that happens.

Wind power is of little practical use, judging by a recent Mr CARLI (Brunswick) — I am very pleased to report from Germany. The report should carry some weight rise in support of this bill and to say that I support among environmentalists in Australia because Germany is the world leader in wind farms. One-third of the world’s renewable energy and wind power. One of the things wind-generating capacity is installed in Germany, much of it we have heard today from the opposition parties is a around Schleswig-Holstein near the Danish border. misunderstanding of the bill and a misunderstanding of what they call a subsidy, and I will go into that in detail. Further on it says: But from the Leader of The Nationals we have heard an The report — attitude which is nowadays called ‘the banana argument’ or ‘bananas’ because it is about building the one to which the article refers — absolutely nothing anywhere near anyone. We have heard from the Leader of The Nationals a view that we is by E. ON Netz GmbH, the owner of the grid system that should not be building wind turbines or supporting includes 44 per cent of Germany’s installed wind farm capacity (That equates, incidentally, to more wind power than wind power because some people might not like it. In is installed on the entire American continent). whatever form, energy generation involves a certain intrusion in communities. Whether it be the generation I will not recite further from the article, since time is of brown coal in Gippsland, hydro power or any other against me, but it goes on to challenge much of the form of energy generation, there is a level of intrusion. philosophy that underpins the development of the wind energy industry from a global perspective, with a focus With wind power we are talking about a renewable and on the major market for and producer of wind power in important form of energy. Tonight we have had this the world — Germany. As I said, the report it refers to argument that we are dealing with a subsidy. We are is from a source which I think honourable members can not dealing with a subsidy; we are dealing with a legitimately believe has plenty of credibility in relation market failure, and the government is ensuring that the to this discussion. My point is that while the industry cost of connecting wind farm sites to the electricity grid struggles in Victoria for all the reasons I have will not be simply borne by the first wind farm mentioned, this sort of discussion is being generated — developer. The bill allows for the cost to be spread pardon the pun — around different communities. It is amongst a number of developers as wind farms come the sort of thing that will cause problems for the on stream. It deals with a legitimate problem and a development of the industry in the time to come. legitimate market failure, because at the moment we have a situation where the first generator who wants to I have more material, but again time is against me. I connect up will have to bear all the costs. In this case will conclude with a couple of points. The the costs will be borne by the various wind generators second-reading speech says much about the fine as they come on line. That is an important issue. It is notions of the economic, environmental and social not a subsidy; rather the government is ensuring that the ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1455 least cost network upgrade will connect several wind similar to ours. The generator that comes on line does farms as they are built. So as the farms get built, they not bear the full cost. will bear the least possible cost. Mr Cooper — Where? Given what has been presented by the other side, they would not have any wind farms. They do not like them; Mr CARLI — The member asks, ‘Where?’. The they do not want them. They hate them and want to get United States, the United Kingdom, Germany, rid of them. Belgium, Italy, Greece and Korea. All those countries operate similar schemes. It is important to recognise the Mr Smith interjected. Bracks government’s commitment to renewable energy, and it is important to recognise that we are The ACTING SPEAKER (Mr Kotsiras) — creating a regulatory environment in this state that Order! The member for Bass! allows for generators — particularly small generators — to invest in this state. Mr CARLI — The opposition parties want to ensure that the market failure continues. They want to I noted the concern of the member for Box Hill. He was make sure that the developers, especially the small opposed to the proliferation of wind farms. He does not generators, are not able to come on stream because the want to see them. He prefers to see our energy coming cost of augmentation of the electricity grid will be too from non-renewable sources. He prefers to see our high and they will not be able to afford it. That is energy coming from brown coal generators with the essentially what the opposition parties want. So it is not immense amount of greenhouse gases that are produced a subsidy, it is dealing with a market failure, and the by them. There is no doubt that they are intrusive on cost will be borne by the generators as they come on their environment. It seems to me that the opposition stream. It will be done through an order in council parties are not committed to renewable energy. which will set the principles by which these generators will come on stream in any one area. But the price will The Leader of The Nationals said, ‘I am really pleased not be determined by the order in council; it will still be to support renewable energy so long as it is not from determined by the distributor. The distributor will put wind farms’. What renewable energy sources does he up a proposal to the generator about what the price will support? What is his energy target? What does he want be. The important part here is that if there is a conflict, to see in the state of Victoria? We know from the the minister will not resolve it; the Essential Services federal government that there is no commitment to Commission will work out a reasonable price for increase the energy target in this state or in this country. people to be able to generate electricity. Basically we have an opposition that wants to throw out the wind farm industry. It does not want to provide any Honourable members interjecting. support for wind farms or to create a regulatory environment that supports the creation of a significant The ACTING SPEAKER (Mr Kotsiras) — and substantial industry in this state. Order! The member for Brunswick, without assistance! The member for Polwarth is out of his seat. We have opportunities in this state to develop wind farms. We are creating the planning and regulatory Mr CARLI — We know that the members for environment and ensuring that the market failures that Hawthorn and Box Hill hate wind power. We have currently impede new investments are gotten rid of. We heard other members say they think it is pretty good. are ensuring that we provide protections for all the We know that The Nationals certainly do not want players — for the distributing companies as much as for wind power in this state. The government is committed the generators. That is why when we have an order in to a 1000-megawatt energy capacity by 2006. It is council it will not be the minister who determines the committed to a planned approach to ensure an increase price or the cost to the generator or the distributor, it in the supplies of renewable energy. We in Victoria will be the distributor who makes that offer to the currently recognise a threat to this renewable energy generator. If the generator and the distributor cannot from the federal Howard government and its refusal to come to an agreement then the Essential Services increase the mandatory renewable energy targets. So Commission will set a reasonable price, and that is its we have a federal government that is not committed to job. It has expertise in price setting, and that is what it renewable energy. We certainly have Liberal and will do. National parties that are not committed to it. It seems to me that we have a very clear divide in this The approach we have taken in this state is similar to house at the moment on this issue. The member for other international schemes; other schemes are very ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

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Hawthorn and the Leader of The Nationals have been know that renewable energy is much broader than going around Victoria trying to undermine every single wind. For the information of those opposite, we know wind farm project that has been contemplated. It is that renewable energy also includes biomass, gas important to recognise that the Bracks government generated from waste treatment, gas generated from supports renewable energy and wind power. It will landfill, solar thermal and photovoltaic energy, and continue to support the industry as it grows in this state, hydro and geothermal energy. This government has and it will do it for a number of reasons. It will do it been so narrowly focused on wind energy that it has because it is committed to reducing greenhouse gas missed out on numerous opportunities to advance other emissions in this state and because it recognises the renewable energy industries across the nation. By its problems associated with the dependence on actions — or, more appropriately, its inaction — this non-renewable energy sources. It will do it for a whole government stands condemned by many in the host of good public policy reasons. renewable energy industry and by many in the environmental movement. It is consistent with the energy reforms that have occurred in this country. It is consistent for a very I will detail examples of this government’s neglect of simple reason: at the moment we have a definite renewable energy. Origin Energy announced in problem of market failure. New entrants have to bear December 2003 a $20 million solar photovoltaic the full cost of the augmentation of the electricity manufacturing plant. That plant will now be based in system, basically of putting them onto the grid. We are Adelaide, producing new solar panels using the latest eliminating the need for them to bear the full cost. The technology. Victoria has the manufacturing capability cost will be borne by the industry as the various and expertise, but by its absolute lack of interest this generators come on stream. That is a fair system which government let this magnificent opportunity go to will ensure the growth of wind power. South Australia. The opposition has had numerous complaints from members of the solar power industry Mr HONEYWOOD (Warrandyte) — I join the in this state that they are not being dealt with fairly by debate on the Electricity Industry (Wind Energy this government, whose members have a fixation on Development) Bill — or should I call it the Mike Mike and the boys in wind energy. So, of course, we Fitzpatrick and Progressive (Labor) Business Handout have lost that opportunity and Adelaide has it in our Bill? In doing so I note that this bill is contrary to the stead. The solar energy industry that was born and Bracks government’s assertion that this legislation is developed in Victoria has been taken away from us about renewable energy. Instead it is about only wind through the inability of this government to do anything energy. If this bill were truly about all facets of other than just talk the talk. renewable energy, it would be called the Electricity Industry (Renewable Energy Development) Bill, but it Mr Smith — Get into them! is not. Mr HONEYWOOD — I do intend to get into Furthermore, if this bill were about renewable energy, them, picking up the interjection of the member for members would expect to see the bill littered with Bass, because they deserve it. Their record here is references to exactly that — the term ‘renewable’. absolutely appalling. Instead, there are nine references in the bill — and I know the member for Melton would not have bothered The second example is a paper given at the EuroSun reading it — to wind energy, but not one reference to conference in June which canvassed options for a large renewable energy. So it is full of wind, with nothing on 240-megawatt pure solar power plant. Initial costings renewable. You would think they could at least have show that such a plant would be cost competitive over sneaked in the word ‘renewable’ to just camouflage that its life span. Where is the current preferred site? It is not by this legislation they are handing out the money to in Victoria, it is in Moree. Where is the Victorian Progressive Business mates. On each of the occasions government push for a demonstration plant in Victoria? when there is reference to wind energy in the draft It is non-existent. Members opposite have not been legislation, renewable energy could have been used bothered to look at this opportunity, which New South instead, thus significantly improving the scope of this Wales has picked up in our stead. bill. Then the opposition might have supported it, rather than being forced reluctantly to oppose the bill. As another example, the Australian National University has developed parabolic dish technology, about which I While members opposite might consider that wind had a discussion with the chancellor of ANU only the energy is the only renewable energy source, members other night. The ANU has developed this new on this side of the house have done their homework and technology to generate high-temperature steam, again ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Wednesday, 10 November 2004 ASSEMBLY 1457 from solar energy. The next step is to develop a large government? Why is it not going to geothermal? demonstration system for this technology. Again, if you Instead, we have Mary Delahunty in a geothermal talk to people at ANU you learn that there has been not meltdown. one skerrick of interest from the Victorian government. Other governments are coming to the ANU, beating a All these examples show that Victoria is not the place path to its door, but this mob only want to help out their to be for renewable energy. These technologies are mates. They want to hand out the cash to Mike passing the state by. This government is no friend of Fitzpatrick and the boys, because that is what they are renewable energy. This bill could have been visionary on about. They are on about wind, not action — they for the entire renewable energy sector, but it fails to are full of wind! deliver. It ignores the bulk of the renewable energy industry by focusing solely on wind power and gives no Another example of where Victoria has missed the assistance to other renewable energy generators. As a boat, with members of the government talking the talk result Victoria will continue to be left behind in the but not walking the walk, is that New South Wales renewable energy race. Therefore the opposition continues to lead Victoria with a large solar array reluctantly opposes this ill-considered, picking of system providing renewable energy to the Liddell favourites — — power station. There are no moves to introduce or further develop that technology here. Why not? If New Mr Nardella interjected. South Wales can have a solar power generated plant, why cannot Victoria? Mr HONEYWOOD — Because you love to pick Labor favourites, with jobs and money for the boys. Instead of that, the government is down at the Victorian This ill-considered, picking of favourites legislation is Civil and Administrative Tribunal (VCAT) opposing opposed by us on this side because it has nothing to do the environment groups on Hazelwood. Labor has lost with renewable energy. It is just a bill — — face with the environment groups because it has turned around and ensured that its Minister for Planning would Honourable members interjecting. not allow the panel considering the extension of the Mr HONEYWOOD — The bill does not even licence of the Hazelwood coal-fired power station to mention the word ‘renewable’. You could at least even look at the detrimental effect of greenhouse gas have — — emissions on the environment. The government stopped that, and VCAT overturned its decision. VCAT has told The ACTING SPEAKER (Mr Kotsiras) — the Minister for Planning that she has to go back to the Order! The member for Warrandyte, through the Chair. drawing board. She is embarrassed. VCAT has exposed her as limiting her so-called independent panel on Mr HONEYWOOD — They could have at least Hazelwood. sneaked in the word ‘renewable’, but instead it is full of wind. The word ‘wind’ is in it nine times; the word Then we come to another case of missing the boat. ‘renewable’ is in it not once. Members on this side South Australia leads the charge on geothermal energy. know what they are about. Queensland is now also issuing geothermal energy licences. The member for Melton would know about In conclusion, this is therefore a bill for mates, a bill only chook farm gas technology, but in South Australia that we will all pay too much for and a bill that will and Queensland we have Labor governments that are never provide Victoria with a fully alternative power actually subsidising geothermal energy. source because we all know that for the cost involved in government and taxpayer subsidies it will not provide Mr Nardella — So you want to subsidise it? the absolute amount of up time. There will be too much down time when the actual wind power turbines are not Mr HONEYWOOD — This bill is all about being accessed by the power grid. This bill will do subsidising Mike Fitzpatrick. This is a Mike Fitzpatrick nothing to ensure that Victoria’s future renewable handout bill, so why do you not subsidise something energy will be assured rather than being concentrated else for a change? on coming from one source only.

Portland has been using this energy source on a very Mr HERBERT (Eltham) — It gives me great small scale for many years, but this government has pleasure to speak on the Electricity Industry (Wind shown absolutely no interest in further developing this Energy Development) Bill. It gives me great pleasure option. If the community of Portland can do it on its for two reasons: firstly, because I very much support own, without any support, where is the state this bill, and secondly, because my voice is coming ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1458 ASSEMBLY Wednesday, 10 November 2004 back and I can now speak a bit more in this chamber. partnership towards getting a healthier environment and This important legislation helps to ensure the future economy for future generations. It represents a real growth and prosperity of the wind generation industry effort in tackling our dependence on brown coal for by removing barriers to grid connection and providing energy production whilst opening up a world of greater financial certainty for small wind generators. commercial, environmental and social opportunities.

I very much support the comments of the member for Members who oppose the legislation do so on spurious Coburg — — grounds. They look at the whole debate in terms of the location of wind farms, but it is pretty simple, is it not? Mr Smith — Who? For a wind farm you need an area where there is a lot of wind, access to roads and some access to the power Mr HERBERT — I support the member for grid, and that is why the areas of central and western Brunswick when he said there is a clear divide in this Victoria are selected for it. This is not just Australia and house between a government that looks to our future Victoria. We cannot stand alone and say, ‘The trends economic and environmental needs with respect to around the world of global warming and of reduced power and an opposition that puts its head in the sand fossil fuels are going to go away’. In America, Spain and hopes the future problems facing us will go away. and Denmark they do not have the same debates. That is something that we understand in Eltham, my Recently I, with the Acting Speaker, hosted a lunch in local area, because it is an area renowned for its Denmark with the Danish education minister. I asked environmental beauty. It is an area full of people who her about wind power at that meeting, and she said that fully understand — — her electorate has literally hundreds of wind turbines. Mr Smith — Who? The people support and welcome the turbines because they make a great contribution to both the economy and The ACTING SPEAKER (Mr Kotsiras) — the environment. Order! I have warned the member for Bass twice! Mr Smith — It’s not a very good argument. Mr HERBERT — As I said, this is an issue about opposition members who put their heads in the sand. Mr HERBERT — It is true. That is what happens Their little tails, like the member for Bass, might be around the world. It is only the elements here — — circulating around and around, but there is little energy The ACTING SPEAKER (Mr Kotsiras) — coming from them. Order! The member for Eltham is to speak through the As I said, Eltham is an area where people understand Chair! environmental beauty and the need for it to meet Mr HERBERT — It is only some elements of the economic challenges on equal footings. People in opposition that seem to want to turn away from Eltham have always supported the primacy of its progress and what is surely a world trend towards natural resources whilst it remains a fertile place for renewable energy, and particularly wind power. business. Eltham boasts a growing population. It has one of the lowest unemployment rates in the state. My Mr Honeywood interjected. local area is testament to what is possible if a proactive and positive approach is taken to meeting economic and Mr HERBERT — The member for Warrandyte environmental challenges. says, ‘What about chook poo?’. The member for Warrandyte recently said, ‘What about solar power? Mr Nardella interjected. Why are we going on about wind and not about solar power?’. The simple fact is that according to studies Mr HERBERT — I do indeed! It is this approach that have been commissioned wind power is far more that drives the government’s support for wind power in efficient than solar power. Blue Wind Energy, an Victoria. Global warming is well and truly upon us, Australian wind generation company, found that solar with 9 of the last 13 years being the hottest on record. power is 7 times more expensive, requires 1600 times The Victorian government is undoubtedly moving the surface area of wind turbines and produces only quickly to reduce our reliance on fossil fuels, as we 30 per cent of the electricity. It is a simple equation. should, because it is the biggest single cause of global warming and climate change. This commitment of the The wind generation industry, the development of government to developing wind energy and resources is which this legislation supports, is another efficient basically a watershed chapter in Victoria’s alternative energy source which has great economic environmental and economic history. It is a great potential for Victoria. Blue Wind Energy, the ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

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Australian company I mentioned recently, specialises in I am moved to refer to a document which I took off a developing Australia’s renewable energy markets. It web site just the other day. It talks about Denmark, predicts that wind power will stake a claim to a 41 per because that country is effectively known throughout cent share of the renewable energy market in this the world as the wind generation capital of the world. It country by 2020. With world energy demands set to has more than 6000 turbines as I understand it. increase by 50 per cent over the next two decades, the wind power industry in Victoria is set to position itself Mr Nardella — Six thousand? as one of the fastest growing industries in the world. The reasons are simple: it has proven technology, short Mr COOPER — Yes, that is right. The latest news construction time and low energy payback, which from Denmark is that the Danish government has means that running costs are extremely viable. cancelled plans for three offshore wind farms planned for 2008 and scheduled the withdrawal of subsidies We are supporting it as a government because it is an from existing sites and that the development of onshore efficient source of energy that has a low impact on the wind plants in Denmark has effectively stopped. I do environment compared to many other sources. It will not know how long it is since the Danish minister for greatly benefit Victoria in terms of jobs and funds education was in Denmark, but I suggest the going into the economy. honourable member for Eltham get hold of his friend the minister and suggest she urgently return to her Mr Mulder — Funds into the ALP — that is where country, because a few things have been happening all the dough is going. there since he spoke to her.

The ACTING SPEAKER (Mr Kotsiras) — It appears that that is not confined to Denmark. This Order! The member for Polwarth! document — which I am more than happy to make available to every member in the house — is headed ‘A Mr HERBERT — I will conclude — — problem with wind power’ and its author is Mr Eric Rosenbloom. The document states: The ACTING SPEAKER (Mr Kotsiras) — Order! I ask the member for Eltham to ignore the A little research reveals that wind power does not in fact live member for Polwarth. up to the claims made by its advocates … that its impact on the environment and people’s lives is far from benign … and Mr HERBERT — I welcome being able to ignore that with such a dismal record the money spent on it could be him. much more effectively directed …. That is exactly the point which needs to be made to this In conclusion, we in the state of Victoria are on the government. As the Deputy Leader of the Opposition cusp of a great opportunity to address the real problems said during his contribution, this government is besotted that face us and at the same time to avail ourselves of with wind power to the exclusion of virtually every what is a really exciting new technology and a new other alternative energy source. That is what the energy source for the future. government has done — it has excluded everything else An honourable member — It is all spin. and thrown all its eggs into the wind power basket. The reality is that throughout the rest of the world wherever Mr HERBERT — It is not just spin, it is actual fact. there has been a concentration of effort on wind power It is a great source of energy. This bill will help the over the last decade or more, people are now waking up industry develop, and I hope it develops immensely to the fact that it does not deliver what it claims to — over the next decade or so. I am sure this government and it says so in this report: will continue to deliver legislation to support the In 1998 Norway commissioned a study of wind power in industry. I commend the bill to the house. Denmark — Mr COOPER (Mornington) — The member for a nice neighbourly gesture — Eltham says the government is looking to the future. He cited his meeting with the minister for education in and concluded that it has ‘serious environmental effects, Denmark, who he said says wind farms are fantastic. insufficient production, and higher production costs’. The member also said wind farms are efficient. I want Denmark (population 5.3 million) has over 6000 turbines that to say that any system which only generates 11 per cent produced electricity equal to 19 per cent of what the country of its capacity is hardly worth talking about and is used in 2002. Yet no conventional power plant has been shut certainly not efficient. down. It also says in the document: ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

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Denmark is just dependent enough on wind power that when a whole range of other things, but there will be no the wind is not blowing right they must import electricity. In benefits to the consumer. 2000 they imported more electricity than they exported. And added to the Danish electricity bill is the subsidy that supports the private companies building the wind towers. Danish The assumption by the government, as an article in the electricity costs for the consumer are the highest in Europe. Australian Financial Review of 6 November says, is that wind farms will reduce greenhouse gas emissions, That is what the government will do to electricity which is not so because: consumers in this state — push up the price of power. This bill creates a subsidy regime. We had the member … in Germany … old-fashioned hydrocarbon-fired power for Brunswick tell us that it is not really a subsidy but stations must have had to keep chuffing away in reserve for anywhere between 50 and 80 per cent of wind farm some sort of an arrangement. He waved his arms capacity — around and said, ‘It is some sort of an arrangement between the people building the wind farms and the to keep the power supplies going. That is a situation the purchasers of the power’. government needs to understand — wind power will not supply the energy that it says it will. The What he carefully avoided saying was that the subsidy government will still have to keep the conventional that will be created by that cosy arrangement will be power plants going. At a huge cost to the consumers of passed on to the consumer. The consumer will pay for power in this state, we will have a proliferation of wind this because the government is besotted with wind power that simply does not deliver. farms. We have a situation where the Danish government is cancelling plans for and effectively This government needs to go back and have a good stopping the development of offshore wind farms. look at what it is doing and its commitment to wind Spain began withdrawing subsidies in 2002. Germany, power and start thinking about the range of alternative which was quoted by the member for Brunswick as one energy sources that should be thoroughly investigated of the leading lights of this kind of arrangement, is in and made available to the community. This bill is a the process of ending subsidies for wind power. disaster. It does not stack up, it is not viable and it will Switzerland is also cutting back subsidies, seeing them be a huge cost to the community. That is why the as too expensive for the lack of significant benefit they opposition is opposing it. provide. Ms D’AMBROSIO (Mill Park) — I am very For the edification of the member for Brunswick and pleased to speak in support of the Electricity Industry other members of the Labor Party who have swallowed (Wind Energy Development) Bill. It will help open up the line that has been put to them by their government, opportunities for the development of the wind energy in Germany utilities are forced to buy renewable energy industry in Victoria. The bill amends the Electricity at sometimes more than 10 times the cost of Industry Act 2000 and the Energy Legislation conventional power, and in France it is more than (Regulatory Reform) Act 2004. 3 times the cost. In the United Kingdom the Telegraph reports that rather than providing cheaper energy, wind Wind energy is a resource that has been a lost power costs the electric companies £50 per megawatt opportunity for too long. This government is doing an hour compared to £15 for conventional power. admirable job in harnessing this resource to increase our use of it as an alternative to the traditional sources Does this strike anyone as being a viable industry, as of energy. It is not tapping that resource exclusively, being something that we should be supporting and the contrary to the opinions put by members of the consumer should be subsidising? It certainly does not opposition. We are interested in a variety of energy on this side of the house, but it obviously does on the sources, and we are doing something to provide government side. Government members are quite opportunities by improving the prospects of the wind happy to back this ridiculous approach to alternative energy industry prospering in this state and providing energy provision rather than looking, as the Deputy cleaner, more efficient and sustainable energy to the Leader of the Opposition said, at the enormous range of Victorian population. alternative power sources that are available. This government has thrown every egg it has into the wind It is a clean, green and sustainable source of energy. power basket and said, ‘This is what we are going to go Assistance is needed, though, to promote and give with’. The result is that you have an omelette that has impetus to the emergence of this new industry. That is gone really bad! We have a situation where this why this bill is important: it aims to facilitate the government is talking about environmental benefits and development and construction of wind energy generation facilities. The bill proposes to do this by ADJOURNMENT

Wednesday, 10 November 2004 ASSEMBLY 1461 improving access to grid connection and providing an Debate adjourned until later this day. assured buyer for power from small wind generators. Remaining business postponed on motion of Under existing arrangements there is a great financial Mr HOLDING (Minister for Manufacturing and cost faced by, as the Treasurer has called them, the first Export) or pioneer wind farm developers. Because we are serious about securing a viable future for the wind energy industry, we recognise the potential risks which ADJOURNMENT could arise as a result of too much of the financial burden resting with the pioneer wind farm developers. The ACTING SPEAKER (Ms Barker) — The These risks are obvious, and they have already been question is: touched on by previous speakers. There could be That the house do now adjourn. insufficient starters in the industry or there could be short-lived or faltering starters. We want to avoid this at Planning: native vegetation amendment a time when we are keen to give full flight to the industry. Mr PLOWMAN (Benambra) — The issue I wish to raise is for the attention of the Minister for Water. The very small industry that exists now is generating The issue relates to a decision made recently by the millions of dollars for Victoria through construction Minister for Planning to intervene in a Victorian Civil and tourism, for example. It is a serious and viable and Administrative Tribunal hearing where an irrigator industry that needs to be supported for it to prosper and from Torrumbarry has been denied the opportunity to become a substantial alternative option for Victorians. contest a decision by the Department of Sustainability The bill specifically proposes to help the industry in the and Environment to prevent the replacement of flood area of easier access to grid connection. It proposes to irrigation with central pivot irrigation. The objection more equitably distribute or share the cost of registered by DSE and by some environmentalists was connecting wind farms to the electricity network on the grounds of the removal of 600 existing trees. amongst the market participants. This is not a new This is despite the fact that the family had already principle; it is the principle which is behind the sharing planted in excess of 30 000 trees and had protected of telecommunications costs across metropolitan and 80 hectares of native vegetation. The family planned to rural Australia, for example. And I certainly do not hear offset the loss of the trees that were to be removed by The Nationals or the opposition complaining about this. planting a further 42 000 trees and locking up a further 120 hectares for native vegetation. Serious options for energy resourcing need serious answers, solutions and support from government. The The Minister for Planning is reported in the Weekly bill squarely does that and does it in a way that will Times as having said: ensure that wind energy is a viable source of renewable energy well into the future. … that the Wilkins were better off sticking with flood irrigation, rather than moving to pivot irrigators.

I am very pressed for time, so I cannot cover many of ‘DSE has advised that a flood or border check irrigation the other elements of the bill. Suffice it to say that the system properly established and maintained is roughly as government is serious about a future of energy efficient as a pivot irrigation system’, Ms Delahunty said. resourcing which is renewable, economically and This shows enormous ignorance about the benefits of environmentally beneficial and sustainable. Members pivot irrigation. Given that there are enormous water opposite can talk about the viability of such industries, savings available by encouraging farmers to change but it is quite clear that the government must manage from flood irrigation to central pivot irrigation, I ask the the demand of the Victorian community for energy. It is Minister for Water to intervene and ensure that the most harder now because of the privatisation under the efficient water-use practices are supported by this previous government of our energy industries, but this government and that the family is given the opportunity government rises to the challenge, and it will do it in a to convert its flood irrigation to spray irrigation. way that is environmentally and economically beneficial to the Victorian community and manages Recently when I was studying the use of central pivot demand. I certainly commend the bill to the house. irrigators in Alberta, Canada, and in California, it was shown that by efficient use of central pivot irrigation it Debate adjourned on motion of Mr PLOWMAN was possible to achieve a 70 to 80 per cent plant water (Benambra). use uptake. This in turn led to an overall reduction in water of between 40 and 50 per cent with no loss of ADJOURNMENT

1462 ASSEMBLY Wednesday, 10 November 2004 production. At a time when water savings are raising awareness of the challenges in Frankston and its paramount, not only must the change from flood surrounding neighbourhoods in the 21st century. This irrigation to central pivot irrigation be allowable but it year’s lecture was delivered on 28 October by the must be encouraged at every opportunity. This is one president of the Australian Council of Trade Unions area where enormous savings can be achieved, and the (ACTU), Sharan Burrow. Sharan is a very strong environmental benefits can be equally significant by advocate for women and working families, and she reducing the rise in water tables and aquifers and thus argues that a revolution has occurred in the workplace reducing the threat of salinity locally and in our streams and a host of issues consequently face working people, and rivers. Again I ask the minister to take action which especially women. She proposes a whole suite of ideas will ensure that the most efficient irrigation practices aimed at easing the transition for many people into are supported and encouraged to achieve water savings modern workplaces. and the resultant environmental benefits. One thing that folks who live in the outer suburbs and Better Work and Family Balance Grants places such as Frankston have in common is the need to program work and to support their families. With this comes mobility issues, child-care constraints, employment Mr HARKNESS (Frankston) — The issue I wish to flexibility, casualisation of the work force, and time raise tonight is for the attention of the Minister for constraints — time which is very often taken at the Industrial Relations. I draw the minister’s attention to expense of families. I am sure the minister would agree the need for better work and family balance, and that smart businesses know that working to achieve a specifically I seek the minister’s assurance that he will better balance between work and family directly continue to strive to modernise our workplaces here in improves workplace satisfaction and the bottom line. Victoria. That is why the Better Work and Family Balance Grants are so important. I encourage businesses in my In my electorate of Frankston there are many parents electorate to get their applications for funding from this who are struggling to balance the competing interests of program in over the next week. work and family, and I know that the Bracks government is firmly committed to increasing equal There are numerous ideas and initiatives which assist opportunity in employment and in work force access businesses in practical ways to achieve a balance for and participation, as well as facilitating Victorians’ their employees. Good work and family practices and ability to balance work and family responsibilities. policies can reduce employee turnover and training costs, increase employee loyalty and improve morale There is absolutely no doubt that there are enormous for every business in Victoria. Finding a balance benefits for Victoria from the Better Work and Family between work and family is a great social policy debate Balance Grants program, such as increased productivity of this decade, and I know that the Bracks government, and stronger economic growth; availability of a wider the ACTU and business are striving to make a real pool of skilled labour, particularly among women and difference for working families. older workers; greater capacity to address labour and skill shortages and attract skilled workers to Victoria; Disability services: Moira greater scope to develop and realise the full potential of the work force, new technologies and innovative work Mr JASPER (Murray Valley) — I wish to bring to practices; less stress and better health; and more the attention of the Minister for Community Services cohesive and caring communities. the need for additional accommodation for disabled people living within my electorate of Murray Valley, An honourable member interjected. and particularly within the shire of Moira. The minister is aware of the representations I have been making to Mr HARKNESS — I feel very strongly about this her on this matter, and I have sought a deputation to the matter, and I have asked for the minister’s attention. If minister on the basis of the need for the provision of the member had been listening, he would have heard additional accommodation. The minister responded last that. week to a question put to her by one of the government members with respect to the need for additional Each year I arrange for a high-profile guest speaker to disability accommodation in that member’s area. The deliver an oration at Monash University on issues that minister replied at length, indicating that there is a need impact on Frankston and other outer suburban right across the state for this type of accommodation communities. The Frankston lecture is a free and that action was being taken by the government to community event aimed at bringing people together and meet this need. ADJOURNMENT

Wednesday, 10 November 2004 ASSEMBLY 1463

I have here a submission that has been prepared for me financial benefit to individuals but that in the longer by representatives within the Moira shire, following term they could be of great economic benefit to society, meetings I had with the representatives from the towns as they will lead to a population that is more financially of Cobram and Numurkah. They brought to my literate and less inclined to fall into financial traps. attention in a forcible manner the need for supported accommodation for a range of people who have Life is far more complicated than it was when I left disabilities and do not have appropriate accommodation school. The amount of consumer choice that exists within that municipality. The figures that have been today — in insurance, loans, mobile phones and credit presented to me in this submission show that there are cards, to name but a few — is phenomenal. However, 38 in the area who have an urgent need for along with this greater level of choice there is also a accommodation. There are also others who have longer greater risk of people being taken advantage of. term needs for accommodation within particular families, and the total there, including those who have Money management and financial literacy skills are acquired brain injury, is 86. We need action from the some of the more important skills to have in life, and minister to urgently provide additional supported like all skills they are best instilled at a very young age. accommodation for people with disabilities living Schools offer the ideal vehicle to help deliver such within that area of the Moira shire in my electorate of initiatives. Last Friday I had the pleasure of attending Murray Valley. with the Minister for Consumer Affairs in the other place one of the schools in my electorate, Vermont Over the years some accommodation has been provided Secondary College, to announce the winners of the in the township of Numurkah, and there is one facility Money Stuff Competition, which is run as part of the at Cobram, where six people are provided with CEIS program. I was able to see first hand how these supported accommodation. However, there is an urgent programs have been expanding the consumer and need for additional accommodation to be provided in money management knowledge of students throughout recognition of the increasing need; and this is Victoria. I was also able to see how enthusiastically reinforced by the figures that have been given to me students had responded to the competition. Their within the submission that will be sent to the minister. contributions were first class, and I am sure they will help Consumer Affairs Victoria to further develop its In my earlier correspondence to the minister I programs. confirmed the representations that had been made to me, and in response she indicated that she would be Programs and competitions such as these, which teach prepared to meet a deputation. I hope that the minister young people consumer and financial literacy while at the table, the Minister for Health, will indicate to the they are at school, will help instil skills that will be Minister for Community Services the representations I beneficial to them once they leave school and move have received and the submission that has been into tertiary education or the work force. They will help presented to me that I will be giving to the minister. I them avoid financial traps when they are getting a loan, want to make sure that she indicates she will meet a buying a car or reading a mobile phone contract. deputation from the Shire of Moira representing these people with disabilities within the area, and that she This kind of education and awareness building is will be able to provide information on accommodation probably more important now than it has ever been, as that can be provided. personal debt in Australia has reached massive proportions. Over the past 10 years household debt has Consumer affairs: school programs increased by an average rate of 14 per cent, which is well above household income growth, with the ratio of Ms MARSHALL (Forest Hill) — I rise in the house debt to income increasing from 56 per cent to 125 per tonight to raise a matter for the Minister for Consumer cent. It is young people who are often saddled with a Affairs in the other place. The matter I wish to raise disproportionate amount of this debt, whether it be from concerns the ongoing development of consumer mobile phone bills, credit card bills, personal loans or awareness amongst students in Victorian secondary car loans. Too often I hear of young people taking out schools, particularly in the area of money management. another loan or using another credit card to pay off the debt they have already accumulated. Apart from the The action I seek from the minister is that she ensure financial difficulties caused by a high level of debt, it that programs like Consumer Education in Schools, can also lead to low self-esteem. This is why programs otherwise known as CEIS, are further promoted in such as Consumer Education in Schools are so Victorian secondary schools. Programs like this are important. relatively new, and I believe not only that they are of ADJOURNMENT

1464 ASSEMBLY Wednesday, 10 November 2004

Bass Coast: rates Inverloch, and I ask the minister to consider what action can be taken to help the shire and its ratepayers over Mr SMITH (Bass) — The issue I raise is for the this very unfair and inequitable property rating. Minister for Planning, and I ask the minister what action she can take to relieve the burden on ratepayers Youth: federal policy in the Shire of Bass Coast, particularly at Phillip Island and Inverloch, who have experienced massive council Mr DONNELLAN (Narre Warren North) — The rate increases because of section 5A(3)(a) of the matter I raise tonight is for the Minister for Valuation of Land Act 1960, which refers in relation to Employment and Youth Affairs. The action I seek is for the setting of rates on a property by the council valuer the minister to clarify with the federal government its to: rationale for the exclusion of the youth affairs portfolio in the new cabinet line-up and the demise in its support … the use to which such land is being put at the relevant time, of youth affairs. the highest and best use to which the land might reasonably be expected to be put at the relevant time and to any potential The support programs for young people provided by use … the Bracks government in the areas of homelessness, To put it in simple terms, the council valuer is being early school leaving and substance abuse are directed to put the highest value on the potential use of responding to nationwide problems facing young the said land. people, their families and the broader community.

The Premier and the minister would be very aware that The Bracks government is doing its part in responding the Bass Coast is the most rapidly growing municipality to the gaps in the federal government’s employment outside metropolitan Melbourne. It is a holiday programs through its $155 million Jobs for Victoria destination, and people have lived for years on large program. It seems that the Howard government’s lots of land that may only have the one house on them. fourth-term agenda continues to ignore the needs of They may comprise 1, 2, 5, 50 or even 100 acres of young people and their families with its panacea for all land which at some stage in the future may be employment related needs — the Job Network — subdivided or have units built on them, but the current continuing to fail not only young people but, as occupiers are happy to stay where they are and have a reported widely in the media, all job seekers. The single home on their properties. There are also a Howard government would prefer young people to number of caravan parks in that area that are on single paint gnomes than to obtain appropriate training to titles of land that have now been rated out of all successfully gain meaningful employment. proportion to their present value on the basis that at some stage they may be subdivided. There are still too many young people in my electorate who are being failed by the national system. The I know that the government may consider this to be Bracks government cannot continue to respond to these okay, because it increases its land tax intake, but critical and overt issues facing young people in our ordinary pensioners and ordinary citizens are being schools, work force and communities in isolation from forced to sell up just to pay their council rates. This the federal government. does not seem right to me, and the government’s recently increased concessions on council rates do not Numerous organisations in my electorate, such as help someone whose rates have gone up from $2000 to Windermere, care for and support young people, $5000 in a single year. particularly people at risk, and these organisations do an admirable job but are already overextended due to For example, a woman has lived in Rhyll in a small demand. The federal government funding for these home on a small farm of 9 acres which has been in the organisations is already inadequate for a growth area family since 1908. It was zoned rural residential until a such as Casey. few years ago, when the Rhyll sprawl caught up with its boundaries and it was rezoned as residential — not at It is shameful to think that there is no-one in the her request but through the pressure of development. Howard government cabinet who can advocate for The valuer says this family farm can be cut up into young people and that there is no-one to fight for the 41 lots that can be sold for almost $158 000 each. policies and programs that are necessary for young people. I again ask the Minister for Employment and The lady does not want to sell, yet her land is being Youth Affairs to take this issue up with the appropriate rated at $686 000 per hectare. This is only one of about federal minister who has assumed this very important 190 examples on Phillip Island or about 80 in responsibility as an adjunct to a core portfolio. ADJOURNMENT

Wednesday, 10 November 2004 ASSEMBLY 1465

Schools: Russian and Hebrew examinations Yarra Valley: produce brand

Mrs SHARDEY (Caulfield) — The issue I wish to Ms McTAGGART (Evelyn) — The matter I raise raise is for the attention of the Minister for Education is for the Minister for Manufacturing and Export. The and Training. I ask that the minister investigate the Centre for Agriculture and Business, Yarra Valley, or issue I raise and report to Parliament in relation to it. CAB Yarra Valley, represents over 250 businesses in the Yarra Valley region, covering wine, tourism, Last week I received a very urgent call from the flowers, nurseries and women in agriculture. The action principal of a Jewish day school in my electorate. The I seek is for the minister to provide the centre with issue that was raised with me was that despite the resources to promote this premier region to Victorian Curriculum Assessment Authority (VCAA) international markets. being informed, the Hebrew and Russian written exams were to be held in 2005 on the holiday of Sukkoth, a CAB Yarra Valley, as the centre is known, is a great Jewish holy day. Jewish students would not be able to functional partnership between the Shire of Yarra sit the exam because it would fall on a significant Ranges, local businesses, Swinburne University of Jewish holiday. Technology and the Department of Sustainability and Environment. They are committed to projects and The Jewish day schools and this particular principal had community building, environmentally sustainable written to the VCAA in relation to this issue and were development and marketing in the region. informed that there would be no change despite the fact that information had been given. I quote from a letter In April this year CAB Yarra Valley created the Yarra written to the principal of Beth Rivkah Ladies College, Valley brand as the association’s flagship promotional Mr Ian Leggett, which states: organisation. I have spoken in this place a couple of times on the Yarra Valley brand, and I am proud to be a Unfortunately, it has been decided that no change can be strong advocate for it. CAB Yarra Valley aims to make made to the scheduled date of the CCAFL examinations for 2005 for the following reasons — this brand the hallmark of high-quality products from this important region in both its export and domestic and it stated those reasons. This referred to the Hebrew marketing. The Yarra Valley brand brings together four and Russian exams that were to be held on a Jewish key industries — tourism, food, wine and agribusiness. holy day. The aim is to promote our Yarra Valley region as a premier tourism and agribusiness region to local and I raised this issue with the media and as a consequence, international consumers. It is a licensing scheme that is subsequently the VCAA said it would endeavour to talk available to businesses across the four key areas which to the Jewish day schools and arrange a different date; are willing to comply with a code of practice which but the point I am making is that this would not have stipulates minimum quality standards to ensure that happened had I not raised this issue publicly. There licensees fulfil the following requirements of the brand: seemed to be no response from the VCAA in relation to regional origin, quality and sustainability. the issue. The brand has been designed to complement a I ask the minister to investigate and report back to the company’s main brand and not to compete with it. The Parliament on who in the VCAA made this absolutely centre has launched advertorials and advertisements in ridiculous decision, how come there was no apparent local papers promoting the Yarra Valley. Most people capacity for the VCAA to respond to the fact that this in Victoria know that we are the thriving and premier was a huge problem, and how come the response was tourism region, so we are looking to extend that to given only after the media had finally raised this issue? international markets and share the importance of our fine food and wine. Given the VCAA offers performance payments to its executives, a number of issues have occurred in relation I commend Angela Ang, Howard Carter, the brand to its performance. One is the cheating in last year’s management group, the Shire of Yarra Ranges and VCE exams; the second is the bungled English exam Swinburne University as they continue to support that we all know about; and now there is this particular quality business in the Dandenong Ranges. I note that issue. the Minister for Manufacturing and Export is in the house tonight, and I urge him to provide further support I would like the minister to investigate these issues and to this business investment in the finest wine, tourism respond to the Parliament, because they are serious, and and food region in Victoria. the people in my electorate, particularly the Jewish community, have been put at risk. ADJOURNMENT

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Gas: Mernda supply submitted an application on behalf of Mernda township. I think that would be deeply regrettable because it is an Ms GREEN (Yan Yean) — Tonight I raise a matter ideal candidate for connection to the gas supply. I seek for the attention of the Minister for State and Regional the support of the Minister for State and Regional Development. The action I seek is the extension of Development and ask him to do everything in his natural gas to the township of Mernda. I have spoken in power to assist this community which has been left this house before of what a great community Mernda is without this modern amenity. and demonstrated how it is positioned less than 30 kilometres from the Melbourne central business Gas: Heathcote and Rushworth supply district. It has now found itself in a growth corridor. It is one of those quintessential country towns that the Mr MAUGHAN (Rodney) — I wish to raise a suburbs are growing out to, and there is no reason this matter for the attention of the Minister for State and community should not expect the benefits that people in Regional Development. It concerns the extension of the suburbs have, such as essential services, water, gas, natural gas to Heathcote and Rushworth, both of which electricity and sewerage. have been greatly disadvantaged by the fact that firewood, on which they have relied for many years, is The Mernda community has recognised that it would no longer available to them as readily as it was in the like to have these services, and it has formed itself into past. In both communities people have been relying on an association called the Mernda Residents Action firewood for heating, cooking and other domestic Association, ably led by Warwick Peters. The requirements but now the price of firewood has gone association’s objectives are to obtain the extension of through the roof. Bottled gas is extremely expensive natural gas as well as sewerage to its community. and electricity is very expensive as well. In both these communities a large number of people are on pensions The Bracks government has a proud record in the of various sorts, and they desperately need an extension provision of gas through its $70 million program to of the gas pipeline. extend gas to an additional 100 000 households across the state that is being funded through the Rural Prior to the last state election Labor candidates were Infrastructure Development Fund. In fact in this house very keen on saying that if they were elected, natural we amended the RIDF in order to facilitate applications gas would be extended to practically every town around from townships located in the interface areas close to my electorate, including Heathcote and Rushworth. It is Melbourne. very important that natural gas is extended to those towns. I have written to both the City of Greater When the Kennett government privatised our essential Bendigo and the Shire of Campaspe asking them to services — that is, electricity and gas — it did not pay investigate the possibility of having gas silos. Gas could attention to what would happen in the future when be trucked in and fed into a reticulated pipeline so that communities would need the extension of gas supplies. when the natural gas is ultimately extended the pipeline There was nothing in those contracts with private will already be there. companies that required the supply of natural gas to be extended. Not only has this caused a problem in I seek from the Minister for State and Regional regional and rural Victoria, but we have seen it happen Development some indication of when the government with townships like Mernda, Hurstbridge and plans to extend natural gas to the communities of Whittlesea. Townships very close to Melbourne are Heathcote and Rushworth. The people there are eager without that essential service. to get natural gas. I am asked all the time, ‘When is the government going to honour its commitment and Not only did the Kennett government privatise natural provide natural gas to those towns?’. I ask the minister gas but it also privatised Heatane gas, so we no longer to give some indication of what the government’s plans have a public monopoly in that area. The price of that are for extending natural gas to both Heathcote and gas has now gone through the roof. People did not mind Rushworth. bottled gas in the 1980s, but it is now extremely expensive and a lot of people are relying on wood Responses heaters, which is causing a problem with greenhouse gas. Ms ALLAN (Minister for Employment and Youth Affairs) — I thank the member for Narre Warren North I understand that more than 50 applications have been for his ongoing commitment to and interest in young received under this program, but I am concerned about people. He joined me a couple of weeks ago at the rumours I have heard that Whittlesea council has not young leaders forum of the Centre for Multicultural ADJOURNMENT

Wednesday, 10 November 2004 ASSEMBLY 1467

Youth Issues. I appreciate that the member has Employment and Training program will be moved out continued to be passionate about the representation of of the federal Department of Family and Community young people in his electorate and the general Services and put in the Department of Employment and wellbeing of young Victorians. It is sad to say that view Workplace Relations, which means there will be no is not shared by the Howard government. It certainly direct support for at-risk young people. Those young does not care about young people, and it has people who need help the most will essentially be cut demonstrated that by dumping — by removing! — the off. That is disastrous for these young people. voice of young people at the national level and by dumping the portfolio of youth affairs completely. What will happen to the homeless young person who needs some extra assistance? What will happen to the Members of the federal government have completely drug or alcohol-dependent young person who needs cut themselves off from young Australians. This is a help reconnecting to their community or to those young great shame, and the Howard government is really the people who need financial assistance to stay in school? end of the line for young people. This decline started Unless they are job ready — which is the classification not long after the Howard government was elected. In under the Department of Workplace Relations — they 1998 it removed the advocacy voice for young have nowhere to go, and they will not get support from Australians by abolishing the national peak youth the federal government. advisory body — that is, the Australian Youth Policy and Action Coalition. I have been contacted by a number of youth organisations in this state which are deeply concerned It has continued this downward spiral and has now by this regressive shift by the federal government to abolished the position of Minister for Youth Affairs. dump the portfolio of youth affairs. I know they have Without a dedicated Minister for Youth Affairs there is also contacted the federal department to express their no-one at the cabinet table, at the seat of government concerns. who will advocate for young people; no-one to fight for policies and programs that could make a positive It is a dark day indeed. It is a sad day for young people difference for young people; but also, and most that they cannot see someone in the federal government importantly, no-one to stop some of the negative and who will look after their rights — that is, somebody regressive policies that could have quite a disastrous who will stand up for young people. We saw the Prime impact upon young people. Minister some time ago stand up and say that if a policy went before his cabinet that was bad for the bush, the Let us look at the Howard government’s record in this alarm bells would ring. We saw him break that area. What has it done for young people in this country? promise, and they are marching on with the It has eroded the rights of young people by increasing privatisation of Telstra. Now we are hearing the alarm the age at which they become eligible for their own bells ring for young people across the country, and Medicare card. We are seeing youth unemployment at there is no-one at the cabinet table who will stand up to worrying levels. I am the employment minister in the the Prime Minister, the federal Treasurer and the state of Victoria, and we are doing our bit. We have Liberal-National coalition’s policies and look after programs for young people — the Youth Employment young people. Scheme and the Jobs for Young People program. We are committed to getting young people jobs; that I can assure young people and the member for Narre commitment is not being matched by the federal Warren North that that will not happen in Victoria. We government. will continue to look after young people in employment, in education and in health. I certainly As we know, it is now more expensive than ever for assure the member for Narre Warren North that I will young people to go to university in this country. This is be pursuing the federal government over its silencing of the legacy of the Howard government — the federal young people. It is a great shame for young people of Liberal-National coalition government — for young this country that they do not have a seat at the Howard people. Young people now need a voice in Canberra government table. more than ever before, but John Howard has put the gag on them — he has silenced their voice. There is no Mr HOLDING (Minister for Manufacturing and youth minister and no peak body, and there is also a Export) — I thank the member for Evelyn for raising question mark over the very part of the department that the very important matter of the support we can provide administered the previous youth portfolio. Confusion is for the Centre for Agriculture and Business, Yarra reigning about what will happen to it. It is looking Valley, which, as she rightly identified, represents likely that key programs such as the Job Placement, ADJOURNMENT

1468 ASSEMBLY Wednesday, 10 November 2004 something like 250 different businesses in the Yarra this year. This further assistance will build on that Valley region. earlier work, and I wish the businesses every success in their efforts in Singapore. I was pleased to be able to join her, the member for Seymour and other government members in August The member for Benambra raised a matter for the this year when we launched the Yarra Valley brand at Minister for Water. I will draw that to the minister’s Yarra Glen — — attention for a response.

Ms Green interjected. The member for Frankston raised a matter for the Minister for Industrial Relations. I will draw that to the Mr HOLDING — That is right; the member for minister’s attention. Yan Yean was there, and I think the member for Monbulk was there as well. We had a successful The member for Murray Valley raised a matter for the opportunity to celebrate the launch of the very Minister for Community Services. I will draw that to important Yarra Valley brand and to celebrate the work the minister’s attention for a response. that local businesses are doing to market their activities not only in Victoria but on the world stage. The member for Forest Hill raised a matter for the Minister for Consumer Affairs in another place, and I Earlier this year in the development of the Opening will draw that to his attention for a response. Doors to Export plan we identified the need for flexible export programs that could support groups of The member for Bass raised a matter for the Minister companies with some experience of exporting that for Planning, and I will draw that to her attention for a wanted to move to the next level. I am particularly response. pleased to be able to advise the house this evening, and particularly to advise the member for Evelyn, who has The member for Caulfield raised a matter for the been such a strong supporter of companies in the Yarra Minister for Education and Training. I understand that Valley region, that we have been able to provide the substantive issue she raised has been addressed $35 000 under the Opening Doors collaborative already, and I am sure the member for Caulfield is exporter program to the Centre for Agriculture and already aware of that. Business (CAB) Yarra Valley to send a trade mission to The member for Yan Yean and the member for Rodney Singapore. CAB has organised in-store promotions of raised matters for the Minister for State and Regional Yarra Valley brand produce in one of Singapore’s Development, and I will draw those matters to the leading supermarket chains, the Cold Storage minister’s attention for a response. supermarket chain, and I understand as a result of this assistance a group of great Yarra Valley businesses are The ACTING SPEAKER (Ms Barker) — Order! exhibiting in Singapore as I speak. They are there right The house is now adjourned. now doing a great job marketing Victoria and marketing produce from the Yarra Valley. House adjourned 11.39 p.m.

Our premium Yarra Valley individual brands that are there at the moment include Domaine Chandon, De Bortoli, Yering Estate, Kennedy and Wilson Chocolates, Australian Harvest Fine Foods, Yarra Valley Preserves, Stefens Fine Foods, Cunliffe and Waters fine foods and Tarrawarra Estate Wines. They are combining their resources under one branding strategy, which will help not only put the Yarra Valley on the map here in Australia for local tourists and local purchasers but also put Australia on the map in Singapore and other international markets.

This project has come about as a direct result of Yarra Valley brand’s participation earlier this year at the Food and Hotel Asia 2004 trade fair, which was supported by this government, and an inward buyer mission of Cold Storage buyers sponsored by this government in June BUSINESS OF THE HOUSE

Thursday, 11 November 2004 ASSEMBLY 1469

Thursday, 11 November 2004 Motion agreed to.

The SPEAKER (Hon. Judy Maddigan) took the Read first time. chair at 9.32 a.m. and read the prayer. LEGAL PROFESSION BILL BUSINESS OF THE HOUSE Introduction and first reading Photographing of proceedings Mr HULLS (Attorney-General) introduced a bill to The SPEAKER — Order! I advise the house that I improve the regulation of the legal profession, have given approval for still photographs to be taken principally by implementing national model from the public gallery during proceedings for the provisions for the regulation of the profession and presentation of the Ballarat Reform League Charter establishing new bodies responsible for regulating it, today. No additional lighting will be used. to facilitate the regulation of legal practice on a national basis across state and territory borders, to Notices of motion: removal repeal the Legal Practice Act 1996, to make consequential amendments to acts and for other The SPEAKER — Order! I wish to advise the purposes. house that under standing order 144 notices of motion 126 to 136 inclusive will be removed from the Read first time. notice paper on the next sitting day. A member who requires the notice standing in his or her name to be continued must advise the Clerk in writing before PETITIONS 2.00 p.m. today. Following petitions presented to house: Aboriginals: Locksley correctional centre PUBLIC ADMINISTRATION BILL To the Legislative Assembly of Victoria: Introduction and first reading The petition of certain citizens in the Shire of Strathbogie and Mr BRACKS (Premier) — I move: bordering shires of the state of Victoria draws to the attention of the house that the government’s proposed Aboriginal That I have leave to bring in a bill to provide a framework for correctional centre in the Locksley area is wrongly located for good governance in the Victorian public sector and in public environmental and social issues, and should be rejected. administration generally in Victoria, to establish a State Services Authority, to repeal the Public Sector Management Prayer and Employment Act 1998 and the Public Sector Reform (Miscellaneous Amendments) Act 1998, to amend the The petitioners therefore request that the Legislative Constitution Act 1975 and the Parliamentary Officers Act Assembly of Victoria urges the government to withdraw its 1975, to make consequential amendments to certain other acts proposal to establish a rural diversionary program for and for other purposes. indigenous male offenders. Mr HONEYWOOD (Warrandyte) — As this bill By Dr SYKES (Benalla) (92 signatures) implies that we do not currently have good governance, could the Premier give a brief explanation of the bill? Planning: Mitcham development To the Legislative Assembly of Victoria: Mr BRACKS (Premier) — I am very happy to give a short explanation. This goes back to a commitment The petition of the residents of Victoria draws to the attention that this government made about five years ago to of the house: repeal the Public Sector Management and Employment (i) that the City of Whitehorse has sought leave to appeal to Act and replace it with a new public sector act. We are the Supreme Court the VCAT decision dated implementing that commitment. Effectively this will 7 September 2004 reference P359/2004 in relation to the remove from the Public Sector Management and 11 and 17-storey (including basement) high-rise tower Employment Act the provision that the public sector development at 1–19 Colombo Street, Mitcham. Should leave to appeal be granted, then legal proceedings will operate on a private enterprise-type basis. That will be commence in the Supreme Court on a date to be fixed; removed completely from this act so that a truly independent public service will be established in (ii) that the Premier of Victoria and the Minister for Victoria. Planning have both made public statements that this PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

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development is inappropriate and not in keeping with PUBLIC ACCOUNTS AND ESTIMATES the government’s objectives in its planning policy document Melbourne 2030; COMMITTEE

(iii) that the City of Whitehorse by its letter dated Budget estimates 2004–05 28 September 2004 requested the Victorian government become a party to these legal proceedings because they Ms CAMPBELL (Pascoe Vale) presented report on refer to the interpretation of the government’s planning 2004–05 budget estimates, together with appendices policy document Melbourne 2030. and minutes of evidence. The petitioners therefore request that the Legislative Assembly of Victoria support the request of the City of Tabled. Whitehorse and encourage the Victorian government to become a party to the above legal proceeding and share the Ordered that report and appendices be printed. cost of such proceedings because these matters are of state significance and in the public interest.

And your petitioners, as in duty bound, will ever pray. DOCUMENTS By Mr ROBINSON (Mitcham) (2298 signatures) Tabled by Clerk: Financial Management Act 1994 — Reports from the Motor registration fees: concessions Minister for Health that she had received the 2003–04 annual reports of the: To the Honourable the Speaker and members of the Legislative Assembly in Parliament assembled: Mental Health Review Board The humble petition of the undersigned citizens of the state of Psychosurgery Review Board Victoria sheweth the state government’s decision to halve the pensioner concession on car registration fees is discriminatory Nurses Board — Report for the year 2003–04 to the people of Victoria. A large number of Mornington Rural Northwest Health — Report for the year 2003–04 Peninsula pensioners rely on their car for transport because of the low levels of public transport in the area. South Eastern Medical Complex Limited (SEMCL) — Reports for the year 2003–04 (two documents) Your petitioners therefore pray that the government reverse its decision to halve the pensioner concession on car Statutory Rules under the following Acts: registration fees. Sex Offenders Registration Act 2004 — SR No 135 And your petitioners, as in duty bound, will ever pray. Tobacco Act 1987 — SR No 134 By Mr DIXON (Nepean) (99 signatures) Subordinate Legislation Act 1994 — Minister’s exception certificate in relation to Statutory Rule No 135 Motor registration fees: concessions Victorian Health Promotion Foundation — Report for the To the Legislative Assembly of Victoria: year 2003–04

The petition of the people of country Victoria draws to the Victorian Institute of Forensic Mental Health — Report for attention of the house their dismay at the new motor vehicle the year 2003–04. registration fee being imposed by the state government on pensioners, commonwealth health care card holders as well as low and fixed-income people and families. This will be an PLANNING: NATIVE VEGETATION unfair impost on people who can least afford it, especially in AMENDMENT rural and regional Victoria where public transport options are virtually non-existent. Mr MAUGHAN (Rodney) — I desire to move, by Prayer leave:

The petitioners therefore request that the Legislative That in accordance with section 38(2) of the Planning Assembly of Victoria abandon immediately the introduction Environment Act 1987 this house revokes amendment VC29 of motor vehicle registration fees on low and fixed-income to the Victorian planning provisions, which makes a change people. to clause 52.17 to clarify that the exemption from the need for a planning permit for the removal, destruction or lopping of By Dr NAPTHINE (South-West Coast) native vegetation for farm structures does not include removal (33 signatures) caused by the establishment or operation of a central pivot irrigation system. Tabled. Leave refused. MEMBERS STATEMENTS

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Mr MAUGHAN gave notice of motion. simple right to get a copy of his statement. This is unfortunate and a denial of his rights in dealing with Victoria Police. He is entitled to a copy of his statement MEMBERS STATEMENTS as a matter of law and certainly under police standing orders. Mr Osborne has provided a copy of his Isador Magid correspondence to the police ombudsman, and I have recommended that he make a formal complaint to the Mr LUPTON (Prahran) — I rise today to inform police ombudsman. It is a matter of concern that he has the house of the death of Isador Magid, a community simply been denied his right to obtain a copy of the leader, businessman and philanthropist of great renown, statement he made to Victoria Police. who died this week at the age of 91. Isador was born in Harbin in China in 1913 after his family had migrated Sam Baker there from Europe. He and his family migrated to Australia in 1951. In business Isador was very Ms ALLAN (Minister for Education Services) — I successful in property development, particularly in the rise to congratulate Sam Baker, a student at Eaglehawk development of shopping centres. Secondary College in my electorate, for being one of the few students chosen from around the country to Isador was an outstanding community leader and participate in the Every Voice Counts! student forum philanthropist. Among other endeavours he was a held last month in and around Parliament House in co-founder of the King David School in 1977, and the Canberra. Sam is an outstanding student. He was the campus in my electorate in Orrong Road is named after only government school student from the state of him. He held leading positions for many years in the Victoria chosen to participate in this prestigious event. I United Israel Appeal, the Jewish National Fund, the think it is a terrific tribute to Sam, who is an Zionist Federation of Australia and the Australia–Israel outstanding young student at Eaglehawk Secondary Chamber of Commerce. He was a well-known and College. He is very motivated and very active in his strong supporter of the Australian Labor Party for over local community. He is a keen sportsman and takes a 50 years. Internationally he was a long time chairman great interest in the local community. It is terrific to see of the Jewish Agency’s Immigration and Absorption him have the opportunity to meet people in and around Committee and a board member of the World Union Parliament House in Canberra. I understand he had the for Progressive Judaism at the Hebrew University in opportunity to meet with federal government politicians Jerusalem, where a centre is also named in his honour. and ministers and was part of a reception hosted by the Isador’s wife, Ira, died in July 2002, and he is survived Governor-General at Government House. by two children, eight grandchildren and six great Sam undertook a week’s work experience in my grandchildren. He will be sadly missed. electorate office earlier this year, and I found him to Police: complainant’s rights have enormous potential. He is a young man with a great future ahead of him. I understand that the time he Mr McINTOSH (Kew) — My office has been spent in Canberra really opened his eyes to the contacted by Mr Peter Osborne, who has raised with enormous opportunities which are out there for young me some serious allegations concerning the Victoria people today, particularly in being involved in the local Police. I understand that he has written variously to the community and the political arena. I would like to Premier, the Attorney-General and the Minister for congratulate Sam; he has certainly done himself proud. Police and Emergency Services also raising these He has also been a proud representative of Eaglehawk concerns. I am informed by Mr Osborne that he made a Secondary College and more broadly the Bendigo statement to Victoria Police in November 2002 community. regarding allegations of a $20 million bribe and threats to kill him or do him or his family harm. This all arose Planning: native vegetation amendment from a business venture that Mr Osborne was involved Mr MAUGHAN (Rodney) — The Minister for him. Planning stands condemned for her outrageous actions While police have every right to determine which in rushing through an amendment to the Planning and matters they investigate or eventually brief the Director Environment Act without giving notice of the of Public Prosecutions on with a view to prosecution, it amendment, without making the amendment available is a matter of some concern that despite the request by for inspection and without consulting with the Mr Osborne for a copy of his statement it has not been responsible authorities. The effect of the amendment is forthcoming. As I said, to date he has been denied the to declare that centre pivot irrigators are not farm MEMBERS STATEMENTS

1472 ASSEMBLY Thursday, 11 November 2004 structures and therefore are not exempt from the Member for Yuroke: performance requirement to obtain a planning permit for the removal of native vegetation. Mr PERTON (Doncaster) — On Tuesday I attended a meeting of the Greenvale Progress The minister’s actions have denied James and Donna Association, which was very well chaired by Wilkins from Torrumbarry the opportunity to have their Mr Charlie Grech and addressed by a committee case determined by the Victorian Civil and member, Mr Adrian Bugeja. Administrative Tribunal when the case had already commenced. The stupid part of this decision is that the Mr Smith interjected. Wilkins can flood irrigate without a permit — most of the trees would then die — and another arm of Mr PERTON — As the member for Bass rightly government is providing a rebate of 25 per cent of the says, there were some 400 to 500 parents there. The cost of installing pressurised irrigation systems to first question they wanted to ask the local member of improve water use efficiency and reduce high water Parliament was why she, as Parliamentary Secretary for tables leading to salinity. The Wilkins have already Education, was supporting the sale of the secondary planted in excess of 30 000 trees — they are milking school reserve in Greenvale. The second question they some 1500 cows — and they planned to plant another asked her was whether she was with them or against 40 000 trees. This sort of ill-conceived action by the them in respect of the establishment of a secondary minister gives quite the wrong message to farmers and school in Greenvale. A very angry mother got up and potential investors in agriculture in this state, and the asked the local member, the member for Yuroke, ‘If Minister for Planning stands condemned for it. you had a school-age child, would you send the child to the nearest school, Hillcrest Secondary College, Greater Geelong: elections 6 kilometres away?’. Would you believe that the member said, ‘I would happily send my child to Mr LONEY (Lara) — Council elections are once Gladstone Park’, therefore avoiding the question as to again with us in the City of Greater Geelong with all of whether she would send her child to Hillcrest. the normal trappings of local government elections. They are all there — accusations of behind-the-scenes They asked her how much the land was worth. The manipulations by powerbrokers, deals and stooge Parliamentary Secretary for Education said that she did candidates. In fact in one ward three candidates are not know. They asked her why she wanted to sell it. openly referred to as Larry, Curly and Moe! She said she did not know. What is the point of having the member for Yuroke as the Parliamentary Secretary None of this is particularly unusual or unique to for Education if she will not stand up for her own — — Geelong, I might say. Unfortunately it seems to be normal in local government elections. However, an The SPEAKER — Order! The member’s time has issue has arisen about fair and equal treatment of expired. candidates. A number of candidates have made complaints to the City of Greater Geelong regarding Public holidays: Liberal Party policy breaching of by-laws in relation to signage, particularly Mr MERLINO (Monbulk) — The opposition has by incumbent councillors including the mayor. In spite expanded its cultural influences. As we heard last week, of the by-laws being clear in this regard, and I am the opposition’s economically reckless policy on the advised that, despite the involvement of the Victorian Mitcham–Frankston project was influenced by the Electoral Commission, there has been a refusal by the Disney channel. This week it has advanced to reading City of Greater Geelong to implement its own by-laws. Charles Dickens. Unfortunately its pathetic response This is an unacceptable practice during an election as it regarding additional public holidays is influenced by has the potential to provide significant advantage to Ebenezer Scrooge. Just like that Dickens character from some candidates and disadvantage to others. A Christmas Carol, the opposition is miserly and mean Local government elections must be conducted without spirited. fear or favour. I believe that if the City of Greater On Tuesday the Bracks government announced Geelong does not act correctly, this matter will end up additional public holidays for Boxing Day this year and with a request to the Ombudsman. New Year’s Day in 2005 and 2006. Because these days fall on a weekend they previously were not proclaimed public holidays. Therefore someone rostered on those days could be forced to work. The shrill hostility of MEMBERS STATEMENTS

Thursday, 11 November 2004 ASSEMBLY 1473 opposition members is based upon their contention that Ferntree Gully Primary School: they are pro-business. They say to the business 130th anniversary community with a straight face, ‘Don’t worry about the fact that we propose to rip up the Mitcham–Frankston Ms ECKSTEIN (Ferntree Gully) — Last Sunday I project contract, casting doubt on every commercial had the great pleasure of attending the 130th anniversary relationship between government and the private sector. celebrations of Ferntree Gully Primary School. Don’t worry about the fact that this would cost $7 billion, doubling state debt, putting at risk our The school opened in 1874 on a site at the corner of the AAA credit rating and economic growth. Don’t worry Burwood Highway and Ferntree Gully Road. It was about that minor matter, because we are all in favour of subsequently moved — and nobody is quite sure when screwing weekend workers’. this took place — to its present site on the corner of Dorset Road and Burwood Highway. The school It would be laughable if it were not so serious. Unlike building and residence were actually dismantled and New South Wales and Queensland, we have not reconstructed on the new site — a great example of declared Boxing Day as a non-trading day. Shops will recycling. These original buildings are still located in still be open in Victoria for the Boxing Day sales. the grounds of the present school. Fairness and balance — business gets to trade; workers get the benefit of public holidays and the ability to The 130th anniversary celebrations at the Ferntree spend time with their families and friends. Gully Primary School last Sunday attracted past principals, teachers and students to the school to see Minister for Innovation: performance how things have changed, as well as how they have remained the same. The Knox Historical Society put on Mr KOTSIRAS (Bulleen) — I rise to condemn the a display of school and class photographs dating back Minister for Innovation for neglecting innovation in this to the early days of the school. The present students of state. This is the minister for major announcements, but the school have helped to construct a friendship wall, with very little outcome. This is the minister for cutting which depicts the hands of friendship that have been ribbons, but with very little money for innovation in extended to and between students, staff and the this state. Stagnation is replacing innovation in Victoria. community of Ferntree Gully Primary School over the The same minister announced the establishment of the past 130 years. Unfortunately the friendship wall was innovation board in December 2002 with much fanfare. not quite finished because of the wet weather last week. Some two years later this advisory board has achieved In addition a tree of knowledge incorporating ceramic very little, not because of the quality of the members leaves made by current and past students as well as but because of the lack of interest by this government. friends of the school is being constructed. Despite the calibre of members and the enormous time they spent at meetings coming up with a vision for Many schools never get to be 130 years old, and I innovation in this state, this Labor government has would like to congratulate Ferntree Gully Primary ignored their recommendations. When challenged the School and its community on 130 years of service to minister said, ‘Next year should be very constructive the Ferntree Gully community and wish the school well for the board’. Guess what? Victoria is still waiting. for the next 130 years.

Recently the Minister for Innovation announced the Peta Clark establishment of a panel to provide advice to a newly formed defence and aerospace cluster company. Once Dr SYKES (Benalla) — I wish to commend Peta again industry members will give their expertise to Clark on her initiation and writing of a funding guide assist and advise this inept government on how to help for community groups within the Benalla electorate. in the establishment of the region’s defence and This funding guide provides advice on obtaining aerospace industry cluster. One can only assume, based funding for a wide range of projects undertaken by on its past history, that this government will ignore any service clubs, sporting clubs, Landcare groups and recommendations made by this panel. I urge the many other groups and individuals. Peta has also minister to take his eye off the Premier’s seat and prepared a list of over 70 funding bodies which concentrate on his own portfolio. If he is unable to be currently provide grants for a diverse range of focused, perhaps he should give his portfolio to another categories including arts, education, environment, minister. heritage, youth and sport and recreation. The funding guide has been distributed to over 200 community groups and more copies are available upon request. MEMBERS STATEMENTS

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This excellent initiative by Peta follows on from her Hospitals: waiting lists initiation and implementation of a project which has resulted in 45 computers being distributed to Mr COOPER (Mornington) — The government community groups over the past 18 months. We are has been forced into a position of having to admit that it very grateful to ADI Ltd Benalla which donated the has created a fiasco in our public hospitals with surgical computers. Peta’s community involvement does not waiting lists growing rapidly. My Liberal Party stop there. She and her husband Phil are actively colleagues and I have been trying to get this involved in Volunteer Friends, a group that helps local government to acknowledge this problem for years, but people with disabilities. They are also involved in we have been continually met with outright denials and Scouts and several other community activities. Well outrageous misrepresentations of the truth by Labor done, Peta: you epitomise the spirit of volunteerism and Party members of Parliament and the government getting things done! media unit. The Minister for Health now reluctantly admits she has a problem with surgery waiting lists, but Youth Ambassadors program the reality is that the problem has existed since the March quarter of 2000 and has been growing Ms MARSHALL (Forest Hill) — It was with great progressively worse ever since. pleasure that I was a guest speaker at the 2004 Youth Ambassadors Conference at the Victorian Arts Centre. The category 2 elective surgery waiting list at The program coordinator, Adrian Bertolini, designed a Frankston Hospital is an example of the mess this program called ruMAD, otherwise known as aRe yoU government has created. In the March quarter of 1999 Making A Difference, where kids from grade 3 to the waiting list was 715; in March 2000 it grew to year 11 create and fulfil projects that make a difference 1299; in March 2001 it escalated to 1742; and by in their communities. Topics included depression, March 2002 it had blown out to 2248. The figure teenage pregnancy, awareness campaigns about East dropped slightly to 2015 in March 2003, but it started a Timor, marine pests and even one that was designed to further rise to 2150 in March 2004. Government denials build relationships between elderly people in their about this mess by unthinking Labor members of homes. Parliament like the member for Frankston have taken precedence over actually doing something to fix the ruMAD began in 2001 and since that time has gone waiting-list shambles. The member’s talking about from strength to strength. It provides some of the best standing up for Frankston is nothing more than empty practice examples of student citizenship in our rhetoric to the more than 2000 people in pain who are community, and over 200 schools and 50 000 students left on the disgracefully long waiting lists for surgery at in Victoria have participated in the program in some Frankston Hospital. way. Through the program there have been over 100 student-led projects for change and seven student Frankston: Victorian Volunteer Small Grants foundations have been established. The Youth program Ambassadors program aims to have the students’ projects and ideas grow and be recognised by the wider Mr HARKNESS (Frankston) — Standing up for community and it builds empowering links and Frankston! partnerships between the schools, inspiring other students to take action that makes a difference. Through I am very pleased to inform the house about four the tasks that they were given their leadership and organisations in my electorate that have been successful presentation skills are also further developed. in receiving funds from the government’s Victorian Volunteer Small Grants program. Many people in A great example of one of the projects that was Frankston will now be encouraged to participate as designed by Middle Park Primary School was called volunteers in our community as a result of the Repelling the Invaders. It comprised over 100 children Volunteering is for Everyone initiative. Most groups from grades 5 and 6, and their area of concern was the operate with limited resources and budgets, so these impact that the northern Pacific seastar is having on the grants will make attracting and managing a broader survival of the marine life in Port Phillip Bay. I range of people easier. congratulate all involved in the ruMAD Youth Ambassadors program. Fishcare Mornington Peninsula has received $334 to assist its Read All About Us campaign. This money will pay for a large signboard to be placed at various festivals and events to recruit new and diverse MEMBERS STATEMENTS

Thursday, 11 November 2004 ASSEMBLY 1475 volunteers to Fishcare. Congratulations to Jeff Green Section 18(1) of the Water Resources Act … provides that the and the local Fishcare team. prescribed application fee (currently $37.50) … That is what they pay in South Australia, whereas in Women’s Health in the South East (WHISE) has Victoria we pay $395 for the same application fee — received $5000 to employ a coordinator to nurture, 10 times higher! This is an extraordinary extra amount support and provide training for women who wish to to drill a stock or domestic bore. As the Acting Speaker, take up volunteer community leadership roles. Susan the member for Mildura, knows, with the current dry Glasgow, who runs the WHISE Community conditions many people in Victoria who have been Building/Leadership Program, deserves a big pat on the seeking underground water for stock and domestic back for her strong advocacy and initiative. purposes are being hit with extraordinary government St John’s Primary School will be able to run a fees and charges. Volunteers in Maths program now that it can purchase a $3000 data projector. New volunteers will be Schools: funding recruited and trained to work with the student maths Ms D’AMBROSIO (Mill Park) — Victoria’s program, and a state-of-the-art projector will make all schools are the Bracks government’s top priority. It has the difference. Hats off to this terrific school. I look delivered a record $3.55 billion in funds to government forward to visiting soon to see the program in action. schools for the 2005 school year — an increase of 6 per Janet Clark-Kennedy, the always hardworking and cent on last year. A new funding formula, the Student dedicated principal of Karingal Heights Primary Resource Package, will improve the focus on students’ School, is jumping for joy with the grant of $3650 from needs. The government has also delivered a 36.5 per the Victorian Volunteer Small Grants program. Linking cent increase in global school budgets since 1999 and Learners Old and Young is a brilliant initiative aimed at 5000 more teachers and staff since 1999. Class sizes in establishing a volunteer intergenerational program primary schools are at record lows, there have been between local retired seniors and school students. Two improvements in literacy and numeracy rates in the very enthusiastic thumbs up to this fine school. early years, and more students are staying at school longer. These projects are all corkers. Well done to all concerned, and keep up the good work! In September this year the Bracks government also announced a $50 million funding boost for school Water: drilling fees maintenance. The following government schools in the Mill Park electorate will share in $328 604 of Dr NAPTHINE (South-West Coast) — On behalf maintenance payments: Findon Primary School, of water drilling contractors, farmers and other rural Greenbrook Primary School, Lalor East Primary landowners, I seek an explanation from the government School, Mill Park Heights Primary School, Mill Park for the apparent enormous differential in fees charged Primary School, Morang South Primary School, Plenty by government agencies with respect to drilling water Parklands Primary School, Thomastown East Primary bores in Victoria versus South Australia. School, Mill Park Secondary College and Lalor North Secondary College. Southern Rural Water is the government agency responsible for controlling ground water in southern As part of its four-year, $1 billion concessions program, Victoria. The fee to drill a new domestic or stock the Bracks government has boosted the education bore — and this is a fee charged by the government maintenance allowance for low-income families from agency in Victoria — is $395; so there is a $395 $127 to $200 for primary school students and from government fee even before people pay for the cost of $254 to $400 for secondary school students from the drilling a bore. 2005 school year. It has also reduced the tertiary student concession card cost from $87 to $8 a year. Over the border in South Australia — and it must be remembered that many areas in my electorate are right I congratulate the Minister for Education and Training on the South Australian border — the situation is quite and the Minister for Education Services for delivering different. I will quote from a letter from Julie Cann, on the commitment of the Bracks government. manager, licensing administration of the resource allocation division of the South Australian Department Creswick Forestry Fiesta of Water, Land and Biodiversity Conservation. It reads: Mr HOWARD (Ballarat East) — On Sunday, 31 October, I was very pleased to attend the Creswick MEMBERS STATEMENTS

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Forestry Fiesta, along with my family. This annual I call on James Hardie to act immediately to rectify the event was once again a great success, as was evidenced financial position of the medical research and by the many people who attended, including the many compensation foundation and meet its corporate community members of Creswick and further afield responsibilities. I congratulate Victorian local councils who were involved in various activities of the day. A that have joined the campaign to achieve justice for feature of the fiesta was again the street parade, which asbestos victims. Those councillors who have agreed to saw the participation of many of the students from put their economic and moral weight behind the Creswick Primary School, Creswick North Primary campaign need to be congratulated. I would like to School and St Augustine’s Primary School in congratulate also the Minister for Health and her staff. Creswick. It also featured the Victoria Police Pipe Band, and it was greatly enjoyed by all. Many stalls and The ACTING SPEAKER (Mr Savage) — Order! displays were presented by church groups and other The honourable member’s time has expired. community groups, and there were lots of enjoyable activities for all family members, including the popular Tourism: food and wine plan tour of the historic sites around Creswick. Mr HELPER (Ripon) — I would like to bring to This is truly an event that brings the people of the the attention of the house the recently launched food Creswick community together as well as being an event and wine tourism plan for 2004–07. The plan was that attracts many visitors to this very active historic launched on Wednesday evening at Federation Square town. I congratulate all those who were involved in by the Minister for Tourism. A number of my committing their time to ensure the success of this parliamentary colleagues and I were fortunate to join event. the minister and industry stakeholders at that launch. Not only was the plan launched, but the minister got I was also pleased while attending the event to be able right on with the job by also launching Investment to talk with residents about the government-supported Guidelines for Wine Tourism, a recommendation project which will see natural gas reticulation provided arising from the plan and a great effort to implement the to Creswick over the next two years. The residents I important recommendations of the plan. The minister is talked with were clearly looking forward to the benefits clearly getting on with the job. provided by this project. The report recognises the important link between wine, James Hardie: asbestos compensation tourism and the food experience more broadly. The plan takes forward some 48 recommendations. Let me Mr JENKINS (Morwell) — As we sit here today congratulate industry stakeholders of the Victorian thousands of my constituents and tens of thousands of Winery Tourism Council under the stewardship of John Victorians live with the threat of asbestos-related Ellis, the Department of Primary Industries, the disease hanging over them. For many years Victorians Department of Innovation, Industry and Regional worked with and in close proximity to asbestos. Many Development and Tourism Victoria. I refer to the of them and their families will be affected by report, which states that there are 560 wineries in asbestos-related disease, mesothelioma, and ultimately Victoria, up from 320 in 1999. Winery tourism was death. valued at $412 million in 2002, representing a 5 per cent increase from 2000. It is clearly a growing industry For many years companies such as James Hardie but is an industry that nevertheless faces many allowed Victorians to work with and indeed live with challenges. These challenges are addressed by the asbestos knowing of its deleterious effects. Companies collaborative approach advocated in the plan. such as James Hardie continued to trade in this deadly substance knowing that its installation was prone to be The ACTING SPEAKER (Mr Savage) — Order! dangerous. On recognising a small amount of the extent The honourable member’s time has expired. of the existing and looming health problems caused by their materials, James Hardie set up an inadequately Parliament: electronic democracy funded scheme while at the same time shifting much of its assets to a parent company in the Netherlands. The Mr LEIGHTON (Preston) — I draw to the matter cannot be allowed to rest there. James Hardie attention of members two matters relating to the has a moral and legal obligation to compensate victims Scrutiny of Acts and Regulations Committee’s inquiry who have developed asbestos-related diseases into electronic democracy. Firstly, a discussion paper following exposure to its products. entitled Victorian Electronic Democracy — Your Say in the Future has been released and is available at ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1477 http://www.victorianedemocracy.info. Submissions are ELECTRICITY INDUSTRY (WIND requested by 7 January 2005, and I urge members to ENERGY DEVELOPMENT) BILL take time to read the paper as there are a range of matters about how members of Parliament will interact Second reading with the citizens they represent. These issues include webcasting of Parliament, e-petitions and electronic Debate resumed from 10 November; motion of voting, of which I think most members would now be Mr BRUMBY (Treasurer). aware. Mr SMITH (Bass) — I am appreciative of the Secondly, there are also more challenging questions as to opportunity I have been given to speak on the how we should use the technology to better involve the Electricity (Wind Energy Development) Bill. I must say community in participating in policy formulation and at the start that this bill is about nothing more than decision making. Members will also have the subsidising wind farm connections to the distribution opportunity to participate in online discussions, and I network throughout Victoria. It is about doing a favour invite them to do so. To join a discussion list they can go for the mates of the Labor Party who are running — — to http://mc2.vicnet.net.au/home/vicedem/index.html, Honourable members interjecting. click on ‘Join this group’ and follow the links through. The committee has also arranged to have placed in the The ACTING SPEAKER (Mr Delahunty) — parliamentary library a video and DVD entitled ‘Making Order! There is too much audible noise. Members who e-communications work’. This was produced by the want to have conversations should go outside. The national conference of state legislatures in member for Bass has the call. Washington DC. Mr SMITH — Thank you very much, Acting Cheltenham-Moorabbin Returned and Services Speaker. I appreciate your intervention. League: 85th anniversary This bill is being introduced to look after the mates of Ms MUNT (Mordialloc) — This Saturday I will the Labor Party, who have been looked after so well by join with all the members and friends of that party. The government has supported the wind Cheltenham-Moorabbin RSL to celebrate its farm people in Victoria with disgraceful and disgusting 85th anniversary. I have been to a number of Anzac decisions made by the Minister for Planning, who has Day ceremonies at Cheltenham-Moorabbin RSL with allowed wind farms that should never have been the diggers and their families. They work hard to keep allowed to go ahead on our beautiful coastline, the memory of our soldiers alive. I have noticed a particularly in my area, Bald Hills, and in Toora. In fact renewed interest in these ceremonies and our history the minister intervened and overruled a local council from local schools and young people. People at decision, allowing six wind farms to be located in Cheltenham-Moorabbin RSL also work very hard to Wonthaggi. They are about to start, and I will touch on maintain and improve their war memorial area. They those again later. have approached me in the past for sources of funding to make improvements to these memorials. These I said earlier that this bill was about looking after the improvements will include participation from our local wind farm energy people. In his second-reading speech young people, further including them in our history. I the Minister for Energy Industries said: am sure that Cheltenham-Moorabbin RSL will welcome yesterday’s announcement from the Premier The principal purpose of this bill is to facilitate the development and construction of wind energy generation of state funding for our war memorials. I am honoured facilities in Victoria by removing barriers to grid connection to speak of Cheltenham-Moorabbin RSL’s and providing an assured buyer for power from small wind 85th anniversary celebration on our day of generators. remembrance. Congratulations to What it is doing is taking away some of the costs for the Cheltenham-Moorabbin RSL and best wishes for the people who want to force these wind farms onto us in future. Victoria, particularly along our coastlines. I am not The ACTING SPEAKER (Mr Savage) — Order! against wind power and I am not against alternative The time allocated for members statements has now power — I think it is a great idea — but there are a lot expired. The house will now adjourn until 12 noon. of other alternatives to just using wind power. In fact we know there are about another 40 alternatives to wind Sitting suspended 10.17 a.m. until 12.02 p.m. power. This government has not looked at any of those ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1478 ASSEMBLY Thursday, 11 November 2004 in a proper and fair dinkum way. It has just forced these position where we will be part of the corruption that wind towers onto the people of Victoria. will follow because of this legislation going through.

The Australian Wind Energy Association (AusWEA) David Bellamy described these wind generators as wrote back to us regarding this legislation. Its letter 22-storey factories when he spoke at a public meeting reads: at Foster recently which I had the privilege to be at. I note that nobody from the Labor Party had the guts to AusWEA is very supportive of these proposed amendments, go down there and listen to what was being said — to especially the declaration of relevant augmentations and the specification of pricing principles to determine the charges for listen to the 800 people who protested about the wind connection to and use of the distribution system by wind farms forced upon them at Bald Hills. Not one Labor energy generators. Our experience has been that Party person bothered! They do not care! The minister augmentation costs are a significant issue when determining made that decision, she forced those 54 or 55 wind wind energy project viability. towers on the people of Bald Hills, and the Labor When is this government going to get fair dinkum members did not even want to go and listen to what the about it? If these people want to get into delivering this people had to say. Far too little consultation had gone sort of wind energy and providing electricity to on before that. Victorians, it has to be done on the basis that it is These wind generators are not efficient. I obtained viable. It is already receiving subsidies from the federal some information about these farms from Mr Tim government to try to get carbon credits and so forth. LeRoy, who stood up to be counted in the Gippsland Now we have this state government saying, ‘Let us lay area, and I can say that he and some people he was off the other costs, including the cost of the connection aware of went to one of the farms at Challicum Hills up to the distribution grid, to somebody else who might be in the Ballan area which has 35 turbines with a interested in picking up the bill’. Who is that going to maximum capacity of 52.5 megawatts. These turbines be? It is going to be the users of the power. The cost of were spinning at the time, and it was said that the wind electricity is going to go up to an horrific level for the speed was 8 metres per second at hub speed. According people of Victoria. to the people who were there from the Wind Energy This bill is just disgraceful, and nobody seems to be Group, a 1.5-megawatt turbine should be producing taking much notice of it. I can tell you that we are going around 600 kilowatts, or 40 per cent of capacity, at that to be talking about it! We are going to be shouting particular speed. Therefore one would expect from the about it from the rooftops, making it clear that this Challicum Hills 52.5 megawatts — and it would be government, in its stupid and inimitable way, is going advertised — that around 21 megawatts of clean, green ahead and forcing expensive electricity onto users stuff would be going into the grid. But what happened? around Victoria. It is just plain wrong that the When they had a look at the computer it was saying that government is doing this. Given the way it has drafted all it was producing was 2 megawatts! And they say this legislation, the government is allowing itself to be that these are efficient — that these are producing a open to some sort of corruption. It will be up to the great deal of electricity. It is lies; it is nothing but lies! minister to decide what is going to be subsidised, how They are not producing anything like they are supposed much the subsidy will be, and where it is going to come to be. from. It will be up to the minister to then take it across We are all very much aware of what David Bellamy to the Governor in Council for a decision. has said in regard to the wind towers that are spread all I am not suggesting that the minister of the day would over England and Europe and that are now being closed be corrupt in any way, shape or form; but the fact is that down. Not one coal-burning or gas-burning generator it is open to the wind energy people slipping a little has been turned off because of the thousands of wind paper bag into someone’s back pocket and saying, towers that are now starting to litter the countryside ‘Let’s get these subsidies right so we can get more of around the world. They are inefficient and they do not these wind farms up and provide expensive electricity work, yet this inefficient government is riding with to the taxpayers and the energy users here in Victoria’. them. The government thinks that this is a great idea, It is wrong that the government is going to allow this to but it is not a great idea and it is not efficient in go through, and that is what this bill states. We in the producing electricity. opposition are not going to support it. We oppose the To finish I would like to speak about Wonthaggi, where bill. We think it is wrong, and we have to stand up and six of these wind towers have been forced on the people be counted on this issue. We will not be put in a there. I can tell you now that we are in a position where we are aware of the lies that are being told. We know ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1479 that in fact the bird kills with those generators will be Mr HUDSON — The opposition members are horrific because they are in the flight path between two burying their heads in the sand and saying that nothing wetlands. We know of the lies that were put forward by should be done about this problem. I would have the consultant regarding the birds and general wildlife thought that even on the basis of narrow self-interest in that area. He lied in the things that he said; he did not The Nationals would be standing up here and do a proper job of consultation. applauding this bill. I would have thought that on the basis of the last seven years National members would That whole area has been undermined by the coal have had ample evidence to demonstrate that climate mines that have run out from Wonthaggi. It is change is real, that the extremes we are experiencing 850 metres from the high tide mark at the beachfront are extraordinary and that they are going to continue down there. They say that these wind farms will be into the future. efficient. I say now that the people of Wonthaggi do not want them, they will not have them and we will fight to This government has indicated it is serious about the death to ensure that they do not go forward. They renewable energy, and it is doing everything it can to are not for Wonthaggi. accelerate its development. In this state a key element of renewable energy is wind energy, and we as a Mr HUDSON (Bentleigh) — It is a great pleasure government have committed ourselves to a target of to speak in support of this bill, and I must say it is a creating 1000 megawatts of installed wind energy by great pleasure to be part of a government that is serious 2006. We have a comprehensive approach to doing about encouraging an alternative renewable source of this, and unfortunately the opposition does not. energy within this state. The need for this is really urgent, as we know. The impact of increasing Mr Baillieu interjected. greenhouse gases on our climate is well known to everyone — apart from the member for Bass, Mr HUDSON — The member for Hawthorn is obviously. another one of those who is completely opposed to the whole idea of developing wind energy. He has that The failure of the Howard government to ratify the view at a time when he knows that the demand for Kyoto protocol is one of the greatest acts of electricity in this state is growing at 2 per cent a year. environmental vandalism that has ever been committed What is his policy? Where is the policy of the in our history by an Australian government on the opposition on alternative renewable energy? It is international stage. The Howard government might nowhere. All that its policy is about is adding to and want to put its head in the sand and say it is all too hard, increasing greenhouse gases in this state. and the opposition might like to do so as well, but as an energy-dependent nation we cannot afford not to sign What we as a government have recognised is that wind up to the Kyoto protocol. If members look at the energy is good for the economy and good for the evidence, if they look at the work that is being done by environment. The installation of 1000 megawatts of the CSIRO, the facts are clear. The CSIRO has wind is a billion-dollar investment in Victoria. The projected that by 2070 Victoria is likely to be up to majority of that investment will be in rural and regional 5 degrees warmer than it was in 1990. The frequency of Victoria and in small communities. Again I cannot extreme maximum temperatures will increase, with up understand The Nationals in particular on this one. I to three and a half times more hot days in some areas of cannot understand their turning their backs on that kind the state. Rainfall decreases are likely in most regions, of investment and on that kind of development. with decreases of up to 25 per cent; and projected rainfall decreases will be strongest in spring through Studies indicate that wind farm construction and most of the state, with dry springs likely to become installation creates between 0.5 and 0.8 of a job per more common. megawatt of power and an ongoing 0.2 percent of a job per megawatt. It is estimated that the 1000-megawatt So what is the National Party on about? Here you are, target set by the government will create between 250 you have something going on in this state which will and 400 jobs in the two-year construction phase and have a major impact on agricultural production across ongoing employment of a further 180 to 360 jobs. the state, and you — like the Liberals — are burying your heads in the sand! Mr Perton interjected.

The ACTING SPEAKER (Mr Delahunty) — Mr HUDSON — The member for Doncaster says, Order! The member for Bentleigh, through the Chair. ‘How does that compare to solar?’. The member for Doncaster will be pleased to know that solar energy is 10 times more expensive than wind energy — and yet ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1480 ASSEMBLY Thursday, 11 November 2004 we have had the opposition over here telling us we done has been done in a proper and businesslike way. I ought not to be putting in place this legislation which is challenge the member for Warrandyte to go outside this designed to ensure that we can at least get wind house and repeat the comments he made in this house connected to the grid. last night about Mike Fitzpatrick.

An honourable member interjected. Mr Perton interjected.

Mr HUDSON — The Sustainable Energy Authority The ACTING SPEAKER (Mr Delahunty) — of Victoria — the member can go and look it up. Order! The member for Doncaster will have his chance when he gets the call. Honourable members interjecting. Mr HUDSON — I would bet that even on the new The ACTING SPEAKER (Mr Delahunty) — uniform proposed defamation legislation under which Order! There is too much audible conversation in the truth alone is a defence the member for Warrandyte chamber. would find himself with a very big defamation payout.

Mr Perton interjected. The other thing the member for Warrandyte sought to say was, ‘This should be a renewable energy bill. It The ACTING SPEAKER (Mr Delahunty) — should be about biomass, about solar energy and about Order! The member for Doncaster! The member for a whole lot of other things’. The fact of the matter is Bentleigh has the call. that wind is the only large-scale renewable technology Mr HUDSON — The biggest threat to wind energy that is currently cost competitive in Victoria. According in the state is the Howard government’s refusal to to the Australian Bureau of Agricultural and Resource increase the mandatory renewable energy target Economics wind energy is 10 times less expensive than (MRET) from 2 per cent to 5 per cent, which has been solar energy. The member for Doncaster might like to proposed by Labor. If it were increased the government go and read the ABARE study. would encourage these alternative energy sources. Then we had the member for Mornington advancing The Howard government wants to stifle the the absolutely ludicrous proposition that increasing the development of wind energy and is doing nothing to use of wind power will not make any contribution encourage it, but this government is. If opposition whatsoever to reducing greenhouse gases. That is members cared about jobs in regional Victoria and absolute and arrant nonsense, and the member for about reducing greenhouse gas emissions they would Mornington knows it. Studies show that for a be on the phone to their federal colleagues, but they are 100 megawatt wind plant only about 2 megawatts of not. The member for Hawthorn will not be on the conventional capacity is needed to compensate for phone, and neither will the members for Benambra, changes in wind plant output. Even at low levels of Doncaster and Bass. They will not be getting the wind penetration the amount of conventional power federal government to increase the MRET because they displaced by wind is about a third of the maximum are not serious about it. They are not serious about power output of wind farms. greenhouse gas emissions, about meeting our Kyoto Mr Baillieu interjected. obligations or about promoting alternative renewable sources of energy. The member for Hawthorn hates it, Mr HUDSON — It might be too complex for the the member for South-West Coast down in Portland member for Hawthorn. Maybe he only deals in simple does not really mind, the Leader of the Opposition ideas and simple concepts. The fact of the matter is that keeps changing his mind and The Nationals are all over wind energy does contribute to the reduction in the place. greenhouse gases in this state. The achievement of the government’s target of 10 per cent renewable energy is Last night in his contribution to this debate the member the equivalent of taking close to 900 000 cars off the for Warrandyte sank to a new low when he suggested roads in Victoria. in this house that this bill was somehow about feathering the nest of Mike Fitzpatrick. That was the As I indicated, the demand for electricity in this state is allegation made by the member for Warrandyte. I want growing and real. It is 2 per cent per annum. Wind to put on record in this house that I believe Mike energy can play a role in meeting that increasing Fitzpatrick is a fine Victorian and a fine Australian. He demand for electricity. Unlike the Liberal Party and is a successful businessman, and in terms of his The Nationals, it seems that 95 per cent of Victorians promotion of wind power in this state everything he has agree with the government because they support ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1481 building wind farms to meet our future energy needs. It will further fragment the regulation of energy industries This is a good bill. It will facilitate the development of across Australia thus undermining the government’s own goal of national uniform regulation. wind energy within this state and it will do something to address greenhouse gas emissions. I commend the There are many options for renewable power, and I bill to the house. think the member for Warrandyte was very wise to point out to this house that significant financial donors Mr PERTON (Doncaster) — That speech was to the Labor Party are going to be the great really a very sad speech. I think the voters of Bentleigh beneficiaries of this piece of legislation. For instance, would be a bit perplexed to find that their local member he rightly pointed out that solar energy is left out of of Parliament thinks that the international protocol on this, while I would point out that hydrogen fuel cells are greenhouse gas emissions is named after an animal in also left out. If we look at similar legislation in Europe, central America — a coyote! — rather than after a city we will see that there is a much wider range of in Japan, or indeed that solar energy is 10 times more alternative energy supplies that are the beneficiaries of expensive than wind power. these sorts of regulatory structures.

The opposition supports renewable energy and, like the I shall not speak for long because of agreements across federal government, believes that Australia should the house, but it seems to me that we are losing a major make its contribution to reducing the emission of opportunity to take up the opportunities of solar energy. greenhouse gases, there are no simple solutions. The For instance, Origin Energy and BP have great European countries that the member for Bentleigh and commitments to developing solar energy as alternatives his friends have cited are large users of nuclear power. to the oil-based economy. There are great opportunities Given that nuclear power is unlikely to be taken up in not just in the scientific development of Australia, reducing CO2 emissions involves a much ever-more-efficient solar cells but in the fabrication and more complex set of issues than the member has tried construction of solar cells. It is to the shame of this to set out. government that Origin Energy’s solar cell fabrication The opposition opposes this bill because it has a factory is to be established in South Australia rather number of significant problems. Firstly, it is a long way than in Victoria, which occurred because Victoria took from reflecting well-considered policies in respect of little or no interest. renewable energy and will bring about too many In respect of the hydrogen economy and the rapidly serious problems. The bill is specifically designed to developing hydrogen cell motor vehicle, we are at real promote the proliferation of wind farms. Wind farms risk of losing this very exciting area of technological have been generating a great deal of heat up and down development. The United States of America is moving the coastal communities of Victoria, as well as very rapidly to take this up, as are Japan and Germany. elsewhere across the state. This is particularly so Because it is the centre of the motor vehicle industry in because there is a conflict between other environmental Australia, Melbourne has great and exciting purposes for the coast, including tourism and opportunities, but when you look at government recreation, and the construction of wind farms. Many documentation and government action, its commitment communities are opposed to the construction of wind to both solar energy and the hydrogen economy has farms within their vicinity. been very light indeed.

Secondly, the bill will impose the cost of connecting As we move towards the election of a Liberal wind farms to the power grid specifically on the government in 2006 the community can look forward customers of the two distribution companies that cover to a government that is much better focused on utilising rural Victoria. Thirdly, and very seriously, this bill will the renewable energies that will not only reduce make access to the subsidy arrangements created by the greenhouse gas emissions but also provide jobs for bill dependent on approval at a political level, thus young people — and we see them in the gallery — as further undermining the independence and the scientists, engineers and entrepreneurs who will be impartiality of the regulation of the energy industry and producing the devices that will drive down the use of risking the misuse of political patronage, or in extreme carbon dioxide emitting fuels and ensure that Victoria, cases, as the member for Box Hill said, risking and Melbourne, is at the forefront of new design. corruption. Ms BUCHANAN (Hastings) — I rise with great Lastly I will quote the member for Box Hill, who said: pleasure to speak in support of the Electricity Industry (Wind Energy Development) Bill. Many people on this side of the house have indicated that this bill is very ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1482 ASSEMBLY Thursday, 11 November 2004 progressive. It lays the foundations for two principal regarding this debate have been over the last 10 years. It objectives: firstly, to facilitate equitable — I repeat, was very interesting to try to establish the position of equitable — connection charges for small wind energy the Liberal and National parties in relation to the developments in Victoria; and secondly, to provide a progression of renewable energy, particularly in framework for clear and transparent negotiations relation to wind farms, in Victoria. I was looking for between small generators and large retailers regarding clarity, but unfortunately the policies of the Liberal buyback rates for electricity. Party and the National Party were as clear as mud regarding the progression of this type of renewable Since being elected I have had the opportunity to energy in Victoria. I came across some interesting consult with a lot of organisations around the Hastings quotations, however, and I would like to conclude with electorate. I am very proud to say that two wind them. turbines are being planned or constructed in my electorate. One has been constructed and will support a I take note of the comments of the member for Bass on local orchardist by supplementing the energy needs of this issue earlier today when he talked about the his orchard on Stumpy Gully Road in Moorooduc. The township of Wonthaggi and the concerns of the people second one, which is about to undergo construction, of that town about the progression of wind energy will be at a local hotel-motel complex and pokies outlet, through the township. It is interesting to note that also in the Hastings area. Wonthaggi was based upon the excavation of coal — coal being one of the major contributors to greenhouse Mr Baillieu interjected. gas emissions in this state. It is interesting to recall what that town was based on. At that stage, many decades Ms BUCHANAN — Power to the pokies, the ago, no-one in their right mind would have complained member for Hawthorn said. I do not think I would be about the opportunities that coal gave to the going to that extreme. What we are talking about is a community. If you look at the opportunities that wind facility that is moving towards supplementing its turbine generation will give to communities in terms of energy options by using wind energy and turbines. re-invigorating a lot of townships around the area and I will speak very briefly about the facilitation of the impact that coal has had not only in Victoria but development and connection of wind energy across the world over many decades, you cannot generators. As I said, the first objective of this bill is to compare the two in terms of their long-term impact, enable the development and application of modified sustainable energy delivery and sustainability of charging and pricing principles to apply to relevant communities. augmentations, following a declaration made by the In conclusion there is one more thing I would like to go Governor in Council. The government is making sure on about. The member for Bass talked about the blight that the cost of connection and distribution at the on coastal townships, the blight on visibility and issues primary stage of this very pioneering energy like that, but I came across a cracker of a quote. It is industry — getting this alternative source of renewable from a member for Gippsland Province in another energy into the network — is shared across the different place, Mr Philip Davis, on 18 April 2002, who said: organisations that will be able to roll out once they get their mandatory renewable energy target certificates. Victoria has the capacity to generate electricity from wind, and projects of that kind are afoot at present. There are wind The second objective concerns the obligations on large power projects in South Gippsland and south-western retailers to offer and publish buyback rates. This is also Victoria. I have had the opportunity to look at a large number of wind farms in the United Kingdom, and notwithstanding a very important aspect of the bill, as it provides new the concern of many of my constituents about the visual obligations on large retailers to publish and offer the impact and amenity of wind farms, I was surprised by the rates at which they propose to purchase electricity from benign nature of the wind farms. They did not seem to be a small generation facilities. This will provide the clarity blight on the landscape to any significant degree. Indeed, and transparency for small wind facilities that are what surprised me, given that the United Kingdom depends to a large extent on its aesthetic environment for international currently less able to negotiate buyback rates for power tourism, was how well within that landscape wind farms were with larger retailers. It is about providing a level adapted. playing field in the commercial arena, and I am proud to be part of a government that is progressing this That is a pretty good quote in terms of progressing this objective. issue in a variety of ways. In closing, it is a progressive bill that sets the operational foundations for the Over the last couple of days I had the opportunity to progression of one of the important renewable energy trawl through Hansard and see what the issues industries in Victoria. I commend the ministers who ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1483 have been progressing this bill through the house and in Council to limit the expenditure of the first wind Sustainable Energy Authority Victoria for its fantastic farm by passing additional costs on to the distribution work in getting the wind farm atlas out earlier this year. company and through that process to the consumer I commend the bill to the house. through the Essential Services Commission. If at a later date another wind farm also connects to that expansion, Mr THOMPSON (Sandringham) — Historically the operators will be charged a share of the original cost the coal reserves in the Latrobe Valley underpinned as well. The opposition has a number of concerns about industrial development in the state. Furthermore that that process. reserve of power enabled many enterprises to be attracted to Victoria, such as the major motor This is seen as a subsidisation of wind farm connections companies and other industries. Essentially Victoria to the distribution system. That is of concern, because was the manufacturing capital of Australia, established wind farms which were not viable when the original on its cheap supply of power. farm operators had to bear all the connection costs themselves will now be able to proceed because of this Around the world there are a range of different power system of subsidies. Of equal concern is that the supplies including hydro power, nuclear power, wind method to be used — whereby the minister makes a energy and wave power. In Europe there have been a recommendation to the Governor in Council — is not number of different developments in wind power as transparent as would be desirable. This is another generation, and Denmark was leading the field at one factor that the opposition has serious concerns about. point, with its emphasis on wave generation. One of the difficulties with alternative forms of power such as A number of people who move to country Victoria do wind power in Victoria is the siting of the towers along so for the rural amenity. I know of one person who has the coastline and the impact that has upon the visual bought a block of land down near Ninety Mile Beach amenity. According to Dr Eric Bird, an eminent person for its aesthetic qualities and landscape features. If who has studied the coastlines of the world and written shortly after his acquisition he finds there is going to be a book on our coastline, Victoria has one of the best a wind tower established nearby, it will certainly coastlines in the world, with its many landscape and distract from his environmental amenity. By way of aesthetic features, from Portland in the west to the New contrast, one is also reminded of the words of Darryl South Wales border. It is a great thing for a member of Kerrigan in The Castle when he was at his holiday this Parliament to have the opportunity to survey retreat at Bonnie Doon. He admired the overhead Victoria’s coastline from the air and to understand its cables as a symbol of progress. While Darryl went to great landscape features, from the great bluffs and the the High Court and regarded the result as a great Gippsland hinterland, with the mountains and the outcome, not every Victorian regards having a wind lagoonal impacts of that hinterland, through to the tower near their place of residence or holiday home as volcanic influences in western Victoria. an asset or an advantage.

It is unfortunate that a number of people have been Mr PLOWMAN (Benambra) — I want to correct adversely impacted by wind towers, and the impact can one thing that the member for Bentleigh said when he have a number of forms, one being the shadow effect suggested that the cost of solar power is 10 times the and the other, the sound effect. With the towers rising cost of wind power. The International Energy Agency to quite a height, sometimes properties a kilometre in the United States of America has come up with a few away can fall within the shadow impact of a tower. The figures. The wholesale cost of generating electricity in object of the bill before the house is to facilitate the the United States of America is about US$20 a development and construction of wind generation megawatt hour, and the wind generation of electricity is facilities in Victoria by eliminating obstacles to grid currently around US$50 a megawatt hour. Suggesting connections and supplying assured buyers for small that solar power is 10 times the cost of wind power wind generators. would mean that solar generation would cost about $500 a megawatt hour, and clearly that is not the case. The bill sets up a regime whereby the minister, through For someone in this place to claim to make a statement the Governor in Council, will be able to declare a based on fact yet get it absolutely wrong is hard to relevant augmentation to a distribution network to fathom. enable the connection of a wind farm and to apply principles — which I might add have not as yet been I want to make a few quick points. Firstly, this scourge developed — covering who will pay what cost for the on our landscape values has been well and widely expansion. At the present time, the first developer must covered. The Great Ocean Road and the Gippsland fully bear these costs. This bill will enable the Governor coastline are some of the most attractive areas in the ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1484 ASSEMBLY Thursday, 11 November 2004 state, and we do not want to see these wind farms there. The plant proposed is to be a scale up of the research project They have been shown to be inefficient and costly, and located at the ANU Canberra campus … this bill just adds to the subsidies that are required to The concept was first drawn to the notice of the federal and prop them up. I drove through the San Joaquin Valley state governments in June 2002. At the time, the federal in California, where there are hundreds of wind towers minister involved (Senator Hill) advised us that ‘the project that have passed their use-by dates and are not now was totally acceptable, environmentally, and in the national interest’. My chairman and I then put the project before John used because they have been shown to be totally Brumby in Beechworth. inefficient and ineffective. But they are still there; they are derelict and they are ugly. Having that happen in I conclude with this final quote from the letter: Victoria, particularly along our coastline, would be one of the worst things we could possibly do. … there has been a recent intervention by the present federal minister of the environment, telling us that $100 million has been provided for a renewable energy development initiative. I am not aware of anything in the contract that requires He adds — ‘It is possible that the project you propose for these wind towers to be dismantled if they ever become Corryong may be eligible for funding …’. unusable because of their cost. That means there is the chance of us having our coastline littered with these I only hope that the state government will look at this in incredible structures. On my trip to California I was hit the same light. between the eyes by how ugly and inappropriate they Mr BAILLIEU (Hawthorn) — I rise to speak on were when they were no longer usable. the Electricity Industry (Wind Energy Development) Clearly the alternative to coal-fired generation is solar Bill. I do so mindful of the remarks made by the power. In northern Victoria we have at least two member for Bentleigh, who queried the existence of a schemes. One is the solar tower, which is still being Liberal Party policy on this matter. Indeed prior to the researched. The possibilities of that producing solar last election we released a comprehensive policy on the power at a very effective rate has to be considered by wind industry that detailed over a number of pages a this government, but to my knowledge it is turning its range of issues that we wished to be at the forefront of back on it. The other, which is very close to my heart, is our thinking on the wind industry. The core the solar-powered generation project which has been components of it can be a summarised by saying that if developed by the Australian National University. This wind farms are to be installed in Victoria they should has been taken up by a group in the Upper Murray not be where local communities do not want them or on called Upper Murray Business Inc., which is supporting sensitive landscapes, because the reality is that wind the project on the basis that it has been researched by farms have a significant impact on landscapes, and we the ANU for 30 years. It has now reached the stage have a huge heritage of landscape of value in this state. where it wants to trial a pilot project. I quote from a The policy position that we have put has since the last letter to the Premier from Mr Bob Barker from Upper election been mirrored in the statements of many other Murray Business at Corryong. It states: groups, and I will comment on those: Great Ocean Our objective is the introduction of a solar-powered electricity Road Marketing, a bureau funded by the state generator in Corryong to produce solar electricity on a government; the Victorian Tourism Industry Council; 24-hour basis, despite darkness and any bad weather the National Trust in Victoria; the Australian Council of encountered. The project would be a world first, based upon some 30 years research by the engineering department of the National Trusts; the Australian Heritage Commission; Australian National University in Canberra. Engineering on former Labor Senator John Button; the Victorian the ground, so to speak, would be provided by Leighton National Parks Association; the Municipal Association Contractors of Melbourne. Towong shire, the responsible of Victoria; the shires of South Gippsland, Wellington, local authority, has already taken the necessary steps to zone a Bass, Moyne and Warrnambool; the Victorian Coastal suitable site. Council, another government-funded body; Victorian It goes on to say: Landscape Guardians and now 12 other landscape guardian bodies in local areas; the government’s own … solar power can provide ‘clean and safe’ electricity for the panel at Wonthaggi; myriad individual community future now, at a lower cost than wind … groups; the editorials of the Age and the Herald Sun; This is based on the research done by ANU. To suggest and the more than 1000 objectors to the Bald Hills wind that solar power costs 10 times more than wind power farm. Even AusWEA, the Australian Wind Energy is a complete furphy and certainly a distortion. The Association, has conceded that the guidelines in letter goes on: Victoria are inadequate and its members have sought to take steps to redress that themselves. ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1485

Even the Department of Sustainability and That is the problem we have — the government is Environment has made submissions to panels, making up rules as we go. Indeed only in May the indicating that the government guidelines on wind government introduced legislation to minimise rating of farms are flawed. I invite members to look at the DSE wind farms, again propping them up. At the briefing we submission on the Bald Hills project, which said that had on this bill the reality was that those who were this was the wrong site — this was not an appropriate briefing us on the bill were unable or unwilling to site for a wind farm. Indeed more recently the DSE in a advise as to the status of current proposals and as to letter dated 17 August to Planning Panels Victoria whether the provisions in this bill were being sought about the Yaloak wind farm at Ballan was specifically to prop up those proposals. I suspect it was comprehensively critical of that proposal and lamented a case of being unwilling. Albeit that I am sure the the lack of appropriate guidelines. I quote from page 2: bureaucrats involved were aware, we were told at that briefing about a number of the proposals, ‘We’re not There generally appears to be a current lack of established sure where they’re at’. guidelines and standards in relation to setbacks and potential impacts of wind farms on adjoining parks and fauna values. If members are inclined, I refer them also to an article Plenty of others in DSE and a lot of individuals have by Alan Moran in the Herald Sun of 30 October. It has spoken to us and they have been gagged. That is one of been quoted extensively already. I do not intend to the unfortunate things about this debate — we are not quote it at any great length but I do refer to this quote: having a free debate about the wind industry in So Mr Brumby has introduced a wind energy development Victoria. bill that will require customers, not wind developers, to pay for the costs of new electricity lines that connect them to the The guidelines were introduced in August 2002. The users. sad thing about that is that most of the wind farms we see now either in place or in the process of being As with the commonwealth subsidy, consumers will be unaware of the transfer. Needless to say, there was no approved or assessed were already in the pipeline. They scrutiny of the proposal by VCEC [the Victorian Competition are certainly all in the pipeline now. When the and Efficiency Commission]. guidelines were released there was no wind atlas released and no rating structure proposal. There was no There is widespread concern about the way the MAV support or analysis, so there was no local government has undertaken its relationship with the community input. If anybody wants to contemplate the wind industry. The pipeline is full of proposals now and depth of that, I invite them to look at an article in the any steps taken now are likely, in terms of the Weekly Times dated 6 October, which reports that the guidelines, to have little impact on current proposals. Moyne shire chief executive officer, Graham Shiell, Now we have the government propping up a number of undertook a tour this year to assess the impact of the the proposals which appear on the surface to have been wind industry in Victoria. There was no statewide flawed in the first place. Even the government’s own landscape assessment, no distribution agreement, no department is suggesting that on many occasions. This reconnection protocols and no taxation regime in place. bill adds to the list. We still do not have a taxation regime, and I am sure that in due course — and I have In fact the government embarked on its affair with the raised this point in the house before — the government wind industry very much in the dark. That is where this will be introducing further measures to ease the taxation government has got itself into terrible strife — the burdens on wind farms, which have not been government did not have a regime in place to deal with considered. all the problems associated with wind farms. Now we find the government embarking on yet another This bill is flawed, the government’s approach to the measure, as it did earlier this year, to prop up wind farm wind industry is flawed and the guidelines are flawed. proposals which are in the pipeline now. When it comes The government should do as so many groups have to the rules, I quote from the Age Good Weekend sought — it should pause. There should be a hold on magazine of 4 September. Mr Steve Buckle, the chief current assessments and applications. Let us get this executive of Wind Power Pty Ltd, which currently has right. Let us have a statewide landscape assessment. Let a proposal at Bald Hills which is government approved us allow local committees to have their input. If there is despite the objection of local communities, is reported to be a wind industry in Victoria, let us ensure that all as saying of the government’s position: Victorians are supportive of it and that we do not have the division and the pain and suffering that is being Look, we’re playing this game with no rules. The government experienced by communities right across Victoria right is making rules up as we go. now. ADDRESS BY MAYOR OF BALLARAT

1486 ASSEMBLY Thursday, 11 November 2004

Mr JENKINS (Morwell) — It is a great pleasure to identified in my electorate. One of them is at Mount join the debate on the Electricity Industry (Wind Gellibrand, which has of the order of 119 turbines. At Energy Development) Bill. My electorate in the this point in time the community in that area has not Latrobe Valley is the home of the electricity industry in raised concerns in relation to that wind farm Victoria — it has been for generations and will development and the Colac Otway Shire Council has continue to be. supported it. I have been in contact with property owners in that area and there does not seem to be any As part of an informed electricity and energy policy, concern about that. Another wind development has this government has had to unravel the mess created by been identified at Naroghid just out of Cobden. I have the previous Liberal government which sold the brown raised this particular issue with the minister. There are coal electricity industry to whomever and decided to of the order of 22 turbines identified for that particular allow the market to make all the decisions. The market site. Five of those turbines are in direct flight paths of was always going to solve all the problems that the the Cobden airstrip, which has raised some concerns for previous government created! I can tell you this, Acting local pilots who have also raised issues about the air Speaker: the market is not going to solve the problems ambulance and the Country Fire Authority fire bomber that were created by the previous government. This that would use that airstrip through the summer months. government is going to solve the problems and make sure that our electricity industry takes advantage of The issue that I have raised with the minister is that, every opportunity — not just old technology and brown although the community has indicated that it is not up coal. We will rely on those as our base for a long time in arms that there is going to be a wind farm, it is to come, but we are not going to put all our eggs in one asking that the safety of pilots and others be taken into basket. We will take the opportunity presented by wind consideration with respect to the development of that farms and wind generation and make sure that those particular wind farm. We know there are real issues wind generators go in the best places so that they will about this particular legislation and the subsidies that use wind efficiently and serve the people of Victoria. will be provided to wind farm developers and costs that This is a far cry from what the former Liberal will end up being handed straight back to consumers. government did. It sold off the electricity industry, the Another issue of great concern is: who makes decisions distribution network and — against its own advice and as to which wind farm developers get assistance from its own Treasurer’s words — the transmission network. the government? This is a process that is totally open to graft and corruption. You are going to have ministers This is what this bill is fixing up. It makes sure that we making a recommendation to the expenditure review can get access into the grid. As well as selling off the committee based on a preferred developer for a electricity industry, generators and the future of particular wind farm. We have great concerns in that Victorian electricity customers and Victorians, it sold regard. Those particular wind farms have not caused off any capacity we had to have a fair and equitable great problems. However, any other wind farms in that distribution of the cost of network access. This is what area will come under great scrutiny. this bill does: it makes sure that we will get fair access to those networks. When the private sector puts wind Debate adjourned on motion of Mr LANGUILLER generators in the best place for both the electricity (Derrimut). customer and to generate electricity, then there will be an equitable sharing of the capacity to access the Debate adjourned until later this day. distribution network and the transmission system that it sold off. It gives me a great deal of pleasure to support Sitting suspended 1.00 p.m. until 2.02 p.m. this bill as one of a suite of initiatives that this Business interrupted pursuant to standing orders. government has put in place to give us a great electricity industry. ADDRESS BY MAYOR OF BALLARAT Mr MULDER (Polwarth) — I rise to oppose the Electricity Industry (Wind Energy Development) Bill. Ballarat Reform League Charter Yesterday in this debate I listened to the contributions of the members for Brunswick and Eltham. One of The SPEAKER — I welcome Cr David Vendy, the those members spoke about how western Victoria had Mayor of the City of Ballarat, and invite him to take his been identified as the ideal place for wind energy in seat on the floor of the house. Victoria. It would be nice if the people of western Victoria had some say and were involved in that Mayor escorted into chamber by Serjeant-at-Arms. particular debate. Two particular wind farms have been ADDRESS BY MAYOR OF BALLARAT

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The SPEAKER — I welcome the Mayor of the It is worth pausing to recall what Victoria was like on City of Ballarat to our chamber, and I ask him to 11 November 1854, when the charter was ratified. We address the house. were in the third year of the biggest gold rush ever, an event unparalleled in our history. Our population Cr VENDY — Speaker, as Mayor of the City of increased from 77 000 in 1851 to 236 000; effectively Ballarat, and on behalf of the citizens of Ballarat, I am tripling in just three years. That is the equivalent today honoured to present to you and the Parliament of of our population increasing by 10 million by 2007. Victoria a copy of the Charter of Bakery Hill. The Back in 1854 those new Victorians were rallying charter stands alongside the Australian constitution as a against the monthly miners licence and demanding testament to the vitality of Australian democracy. More political representation. than 50 years before the writing of our constitution the diggers at the Eureka Stockade outlined the values, the One hundred and fifty years ago today 10 000 miners rights and the freedoms that underpin our great gathered at Bakery Hill to ratify the charter that has just democracy. On the goldfields of Ballarat the diggers been presented to this Parliament by the Mayor of the expressed the fair go and opportunity for all that we City of Ballarat. They were our multicultural forebears: hold so dear. To quote from the charter: Chartists from England, Irish patriots and Europeans and Americans brimming with notions of liberty and … the people are the only legitimate sources of all political republicanism. Twenty-two days later their struggle power. culminated in the tragedy of Eureka Stockade. And every citizen possesses an inalienable right to have a voice in making the laws he is called upon to obey. Much more will be said about Eureka as we approach its 150th anniversary on 3 December this year, but I One hundred and fifty years ago beneath the Southern would like to say just a couple of things about it in Cross the diggers at the Eureka Stockade shed their passing. There is no doubt that the Eureka Stockade is blood as a pledge of their allegiance to the solemn word the national symbol of the right of people to have a say of the charter. It is with great pride that I present this in how they are governed. However, it would not have charter to Parliament today. That we are here in the anywhere near as much national resonance without the heart of our state’s democracy celebrating the principles set out in the charter presented to this stockade’s 150th anniversary is proof that we have Parliament. Without the charter the Eureka Stockade remained true to the pledge made by the diggers. would have been dismissed as an unruly uprising — in effect a riot. Armed with the charter we can rightly say Speaker, the Charter of Bakery Hill is a justification for that Eureka was about the struggle for basic democratic and a statement of the high purpose of this Parliament. rights, nothing more and nothing less. It was not about a On behalf of the community of Ballarat, I hope our riot; it was about rights. It was a struggle for basic elected representatives find it a source of strength and democratic rights that we take for granted today thanks inspiration forever. Thank you very much. to the people of the Ballarat Reform League and Eureka itself. After all, our rights may currently be enshrined in Copy of charter presented to Speaker by mayor. state and commonwealth legislation, but that legislation was informed by the aspirations of the Ballarat Reform Honourable members applauded. League Charter. The SPEAKER — I now invite the Premier to In conclusion, we must remember that in 1854 the respond to the mayor of Ballarat. charter was ahead of its time. It was, as the editor of the Mr BRACKS (Premier) — On behalf of our Ballarat Times, Henry Seekamp, said at the time, ‘the government and the people of Victoria, I would like to germ of Australian independence’. Fast forward to sincerely thank the Mayor of the City of Ballarat, today to 2004 and the Ballarat Reform League Charter Cr David Vendy, for this significant presentation and is a reminder that the principles contained in it still have acknowledge the representatives from the City of currency — that it is, as the charter states in part, the Ballarat and Ballarat more generally who are here inalienable right of every citizen to have a voice in today. making the laws he or she is called on to obey; and that we must protect the civil liberty and the civil rights of The Ballarat Reform League Charter is a landmark all members of our community no matter what their document in the history of our nation. It is effectively race, no matter what their creed, no matter what their our declaration of independence or, if you like, our nationality, no matter what language they speak Magna Carta. It is a cornerstone of Australian because no matter where we come from, we are all democracy. Victorians. ADDRESS BY MAYOR OF BALLARAT

1488 ASSEMBLY Thursday, 11 November 2004

Mr DOYLE (Leader of the Opposition) — About first ignored, then goaded and finally incited to three years ago members of this house enjoyed the violence, culminating in the famous bloody battle at the hospitality of the City of Greater Bendigo. I am sure the Eureka Stockade. On 3 December 1854 over 30 miners mayor of Ballarat would argue that our colleagues in lost their lives fighting for the kind of democracy we the other place were more fortunate in that they enjoyed now take, not for granted, but as a right. the hospitality of the City of Ballarat when it graciously hosted the Legislative Council in the first sitting of that From 1855, as a direct result of the campaign of the house outside Melbourne in 150 years. That symbolic Ballarat Reform League, voting was no longer the sole and historic event emphasised the pivotal role that privilege of those with property or those with a Ballarat has played in the history of Victoria, and selective education but rather a democratic forum — indeed Australia. That role is continued today through and I will requote the Premier’s earlier quotation — ‘in the presentation of the Ballarat Reform League Charter, which every citizen had a voice in making the laws they sometimes called the Charter of Bakery Hill. This would be called on to obey’. charter is not just about words on paper; it is about the people and places that give such words real life. Today We owe a great debt to the members of the Ballarat we pay special honour to the diggers of Bakery Hill and Reform League for their sacrifices more than 150 years the charter they have bequeathed us. ago today. We actually on this side of the house often see that rebellion as one of small businessmen who Today we recognise the charter as a symbol of the wanted a fair deal, but in particular it was of course a solidarity of the miners of Ballarat against unfair rebellion by men and women who were committed to treatment and also as the start of the democratic establishing a healthy and vibrant democracy. evolution of the colony of Victoria. The years between the separation of Victoria from New South Wales in An honourable member interjected. 1851 and responsible government in 1855 were Mr DOYLE — Certainly not tax evaders, certainly difficult years. Squatters, pioneers, ticket-of-leave men not. and escaped criminals flocked to the regions, and to Ballarat in particular, drawn by the gold that would Unquestionably, the goals and spirit of the British actually eventually finance this magnificent chamber Chartist movement provided much of the inspiration and Parliament. It was during this chaotic time that a behind the Ballarat Reform League. It is also true that newly appointed Legislative Council drafted Victoria’s the spirit of revolutionary Europe and the United States constitution providing for the establishment of the of America provided inspiration to our miners in Legislative Council and a democratically elected Ballarat. Legislative Assembly. The Ballarat Reform League was instrumental in many Separation from New South Wales did not bring the of the political and social reforms in Victoria and much-anticipated political reforms, and the melting pot ultimately throughout the Australian colonies. It on the Ballarat goldfields was to provide the impetus provided Victoria with some of the great historical for significant and near-immediate change. The criteria characters, including Peter Lalor, who was wounded for the eligibility to vote or indeed even to be a during that rebellion and lost an arm. In 1856, in the candidate at election failed to live up to the ideals of first democratic Parliament in the colony of Victoria, he true democracy and the response of the Ballarat Reform was elected to this chamber and remained a member League, which was formerly known as the Diggers until 1887. Peter Lalor was the Speaker of this chamber Reform League, took its place in our state’s rich between 1880 and 1887. history. As we celebrate the contribution of the Ballarat Reform The Bakery Hill charter demanded representative and League I would just quietly like to observe that one of accountable governance and its practical and just the goals of the miners of 1854 remains unfulfilled — application. The charter demanded that those who the republic of Australia. It is with great pleasure and exercised power did so with fairness and equality — in respect that today we honour the Ballarat Reform other words, a fair go for all. This goal reflected a League and its commitment to matters that are central similar struggle 70 years earlier in America which was to our democracy, society and culture. characterised by the catchphrase, ‘no taxation without representation’. Mr RYAN (Leader of The Nationals) — Mayor Vendy, I welcome to the Parliament you and your The rights of the Ballarat miners were eroded by a lack fellow citizens who accompany you here today from of certainty and ever-changing rules. The league was Ballarat, including the Premier of course. QUESTIONS WITHOUT NOTICE

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Inscribed in the vestibule floor of this Parliament are a place where all members can read it in their daily the words: parliamentary lives. Thank you very much.

Where no counsel is the people fall but in the multitude of Mayor escorted from chamber by Serjeant-at-Arms. counsellors there is safety.

There is no doubt there is a synergy between those ABSENCE OF MINISTER words, which are such a focal point in the operations of this Parliament, and the words that appear within the The SPEAKER — Order! I advise the house that charter that you have presented to the Parliament this the Minister for Police and Emergency Service and day. It is the fact that the people are the only legitimate Minister for Corrections is absent today. Questions source of all political power. It is the fact that an directed to him will be taken by the Attorney-General. inalienable right to have a voice in making the laws that they are called upon to obey is a basic right of citizens in our nation and our state. Those matters that we now QUESTIONS WITHOUT NOTICE commemorate were born that day. Melbourne showgrounds: redevelopment I am a Gippslander, and we had our part to play in the gold rush days when people came to Port Albert, the Ms ASHER (Brighton) — My question is to the Strzeleckis, to Foster and through to East Gippsland, Minister for Major Projects. Given that the director of which is represented today by the member for Major Projects Victoria, James Cain, received written Gippsland East. So much of our history in Gippsland is advice on 18 March 2004 from the showgrounds bound up with the gold rush. But it must be said that project’s probity auditor that Neil O’Keefe had Ballarat and Bendigo have had a pivotal part to play in breached probity, I ask: can the minister explain the the development of not only Victoria’s history but in delay of over two months before Mr O’Keefe’s the development of the magnificent gold industry, resignation on 27 May 2004 and a further three-month which survives even today. It is talked of in a past sense delay before this was publicly announced in August sometimes when in fact the capacity to mine the gold 2004? exists to this day. One cannot help but think that although stories are being recalled and reflected upon, Mr BATCHELOR (Minister for Major Projects) — quite rightly as this 150 years comes around, who I thank the member for her question. The member for knows what stories are to be told in the future? Not in Brighton would know the reasons for the resignation of terms of the conflict we are talking about here today but Mr O’Keefe because she has received a copy of his in the sense of the future growth of these great cities. resignation letter. The probity auditor had indicated that there was a breach of the probity plan but gave It is a great irony, as is the case so often around the complete tick-off to this project through a written world, that out of the conflict of the Eureka Stockade statement, and I understand the member also has a copy some of our great democratic systems were born. of this statement. If she does not have a copy I will Ballarat, by definition, has had a great part to play. On gladly provide it to her. It clearly indicates that there this day — ironically enough, Remembrance Day — it was no conflict of interest. It was a process to that date, is a wonderful thing that we come together in this place, and the letter from the probity auditor predated the the focus of what so many people have aspirations for resignation letter. I will make a copy, but I think she Victoria to be, to celebrate and remember the events already has a copy of both Mr O’Keefe’s letter of that occurred 150 years ago. I freely confess that I have resignation and the advice from the probity auditor not read the charter, but I will make it my business to which indicated that this project had suffered no do so. I was only yesterday talking about another conflict of interest and was above board and proper. charter altogether but in an entirely different light. I will be very pleased to read this charter and note its content. Sailing: International 470 World The charter is truly a part of the history of this state, and Championships Ballarat quite rightly can hold its head up proudly as having been the focus of the attention of that day. Mr WYNNE (Richmond) — My question is to the Premier. Can the Premier advise the house of recent The SPEAKER — Mayor Vendy, may I, on behalf announcements that further confirm Victoria as the of all members of the Legislative Assembly, thank you place to be when it comes to international sporting and your councillors for this very kind gift to the events? Parliament. We will take great pleasure in hanging it in QUESTIONS WITHOUT NOTICE

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Mr BRACKS (Premier) — I thank the member for event means we have not only big sporting events but Richmond for his question. Certainly if you look at the also big sailing events, and it is a great showcase for calendar of major events that are occurring in Victoria, Melbourne and a great showcase for Victoria. we have probably the fullest calendar of any state in Congratulations again to Sail Melbourne and to the Australia and certainly of any capital city in this major events corporation. They do a very good job on country. I am very pleased that we can add one more behalf of the state. major and significant event for Victoria. Hazardous waste: Nowingi I am pleased to announce today that Victoria has scored another significant major event: this time a sailing coup Mr RYAN (Leader of The Nationals) — My for our state which will enhance our reputation for question is to the Minister for Major Projects. I refer the sailing events around the world in the future. Sail minister to the agreement dated 26 October 2004 Melbourne has won the bid to host the International between the Mildura Rural City Council, Major 470 World Championships in 2008, which is good Projects Victoria and other parties to allow site news. I should just indicate that in winning the rights to investigations at the proposed Hattah-Nowingi toxic hold this important event in 2008 Melbourne beat seven waste dump to be conducted in good faith and in other nations: Italy, France, New Zealand, Turkey, accordance with all statutory requirements, and I ask: Holland, India and Argentina. This was a great was the government acting in good faith when only achievement, and I want to place on record my four days beforehand it unilaterally made major congratulations to Sail Melbourne, to the major events changes to the shire planning scheme to advance the corporation and to all those who secured this important toxic waste dump project and did not tell the shire? event for Victoria. Mr BATCHELOR (Minister for Major Projects) — Members of this house might remember the September The government has set in place a long process to 2000 Olympics in which Australians did extremely well determine the most appropriate place to locate the in winning gold medals in this particular sailing event. industrial waste facility, and it is proceeding with that. That helped us in our presentation in bidding for this As part of the announcement that was probably made event to occur in Australia, and of course we also had to more than 12 months ago, it was indicated that the argue the case for the event to be held in Melbourne. government would take on, through the Minister for The efforts of sailors Nathan Wilmot and Michael Planning, responsibility for planning. It was declared a Page, who are the current 470 world champions, went state-significant project. Accordingly, when there was a some way to assisting us to secure this event. The requirement to make changes to the local planning International 470 is the one design double-handed scheme to allow the scientific investigations to proceed dinghy sailed at the Olympics — the only one. This is in order to identify and answer questions for the regarded as the pre-eminent racing event and is environment effects statement, the appropriate changes spectacular to watch, as some of us saw in 2000. were made.

An honourable member — Have you been on it? This process was announced to the world 12 months before we decided to take advantage of it, and it was Mr BRACKS — No, but it does carry a spinnaker only taken advantage of when we needed to get access and a trapeze, and it has two crew — and those crew to the site so that the scientific investigations could be require very efficient tactics and coordination to win undertaken. Those investigations are proceeding with this event! the agreement of the council, with the agreement of the Mildura Trades and Labour Council, with the The 2008 world championship event is likely to attract agreement of the Save the Food Bowl Alliance and around 150 competitors from 30-plus countries, with the agreement of Major Projects Victoria. This is resulting in a crucial event in 2008 just before the so we can establish the facts of the matter and answer Beijing Olympics. The event will be held in January the questions that have been asked by local 2008, and it will attract a lot of attention because of the communities. Beijing Olympics, which will be held later that year. I am very pleased that this has been added to our major We simply want to be able to provide answers based on sporting events calendar in Victoria, because, as this fact to the questions that have come from the local house knows, we have the stopover of the major and communities. We are pleased to be working with them, significant world event, the Volvo ocean race, which and we look forward to being able to commence will occur in a similar period, and the windsurfing drilling in early December to establish answers to the championship will be held in late 2005. To add this ground water issues. QUESTIONS WITHOUT NOTICE

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Mitcham–Frankston freeway: ConnectEast Melbourne showgrounds: redevelopment float Ms ASHER (Brighton) — My question is to the Mr DONNELLAN (Narre Warren North) — My Minister for Major Projects. When James Cain advised question is to the Minister for Transport. I refer the the minister in late 2002 that there were serious probity minister to the concession deed he has signed with concerns with Neil O’Keefe, was the minister’s failure ConnectEast, and I ask: can the minister update the to act a result of the close friendship between the house on the success of the ConnectEast public Premier and Mr O’Keefe, formed during the time the subscription float for the Mitcham–Frankston project Premier worked as Mr O’Keefe’s principal adviser? and the significance of this for mum and dad investors in Victoria? Mr BATCHELOR (Minister for Major Projects) — The short answer to that question is no, but I can advise Mr BATCHELOR (Minister for Transport) — the member for Brighton that Mr O’Keefe sought the Members would be aware that the retail float guidance of both Major Projects Victoria and the undertaken by ConnectEast to assist the funding of the probity auditor to ensure that his business and personal Mitcham–Frankston project has been a huge success. interests complied with the requirements of the project. The float opened on 22 October and closed last No conflicts of interest were identified either by Thursday. It was extremely successful, and it has been Mr O’Keefe or by the probity auditor. oversubscribed by thousands of Victorian mum and dad investors, as well as interstate investors. On 6 April 2004 the probity auditor gave this project the sign-off. He advised Major Projects Victoria that in Mr Doyle — That’s a great deal you did for all material respects the tender process that had been Victoria! undertaken was in accordance with, firstly, the project’s probity plan, and secondly, the expectations set out in Mr BATCHELOR — The Leader of the the Victorian Government Purchasing Board’s probity Opposition says it is good deal, and I am advised that guidelines. 72 per cent of the shares available under the public offer have been allocated to Victorian retail investors. Hospitals: rural and regional These people will receive 100 per cent of their applications, up to a limit of 100 000 stapled units. Ms DUNCAN (Macedon) — My question is to the Interstate investors will receive 100 per cent of their Minister for Health. Can the minister advise the house applications, up to a limit of 50 000 stapled units. about the financial performance of rural hospitals, as detailed in their annual reports tabled in Parliament this There has been enormously strong support from week? individual Victorians for this project. This support from the mum and dad investors around Victoria is in Ms PIKE (Minister for Health) — I thank the addition to the major and significant support from the member for her question. Rural health is a major Australian financial institutions that underwrote this priority for this government, and this is reflected in the float. They include the likes of Macquarie Bank, major turnaround we are seeing in our rural hospitals, Macquarie Equity Capital Markets, ABN AMRO as detailed in the annual reports that have been tabled in Rothschild and Commonwealth Securities Ltd. All of Parliament this week. them underwrote this project as leading institutions within Victoria. But the really outstanding thing was As we know, Victoria’s public hospitals continue to the support given by mum and dad investors, who are experience huge demand, and I have already told the solidly behind the Mitcham–Frankston project. These house on numerous occasions that we are treating Victorians will reject the alternative policy of tearing up 200 000 patients more than when we came to the contract and of spending $7 billion of taxpayers government. This year Victoria’s rural public hospital money to pay out ConnectEast, undoubtedly resulting annual reports show a combined surplus of $900 000. in massive cuts to funding for education, health and This compares with a deficit of $10 million last year. I policing, and increased state debt. never thought I would see the day — and we continue The success of the retail float that was announced this to hear it reiterated now — when the government week indicates that the mum and dad investors of would be criticised for giving money to hospitals! Not Victoria have rejected the ideas put by the Leader of the only has the opposition criticised the government for Opposition, and they reject his tearing up this contract. funding public hospitals, for giving public hospitals extra funding in every single year it has been in power, QUESTIONS WITHOUT NOTICE

1492 ASSEMBLY Thursday, 11 November 2004 but it has again shown its total ignorance of hospital $500 000 last year, and I ask: how does the minister funding and its disdain for accounting practices. justify this massive cut?

This morning on radio the shadow Minister for Health Mr THWAITES (Minister for Water) — The Parks stated that the government has used capital expenditure Victoria annual report — — to improve the bottom line of some hospitals. Capital grants have always been included in hospital annual Honourable members interjecting. reports, as of course has depreciation. It is normal accounting practice and is in accord with the Financial The SPEAKER — Order! The Deputy Leader has Management Act. These grants have always been been asked a question; I would like to be able to hear identified in this way whenever the payments are made the answer. by the Department of Human Services. Mr THWAITES — The Parks Victoria annual The other comment was that the Auditor-General report sets out the tremendous achievements in parks in should have a look at the annual reports of hospitals. In the last 12 months. One of the key achievements, and I fact the Auditor-General has already signed off these will refer to the Parks Victoria report, is the recruiting reports. The reports are tabled in accordance with of 50 new operational positions in rural and regional accepted accounting principles under the Financial Victoria. In other words, we are putting on more staff. Management Act, and they have of course been signed We are not just relying on volunteers, we are putting on off. So yet again we have a slur on the independence of extra rangers. the Auditor-General, who has already certified these Honourable members interjecting. reports. We can only surmise that the logical conclusion of this is that we go back to the dark days when the The SPEAKER — Order! The level of interjection Auditor-General did what he was told. The reality is is too high. The minister, to continue. that the opposition just cannot accept the fact that our hospital performance is improving, and it is — — Mr THWAITES — We are putting on extra rangers across the state to do the outstanding job — and Mr Plowman — On a point of order, Speaker, the they do an outstanding job — of ensuring that we have minister is continuing to relate the answer to opposition the best parks system in this country. I am very proud statements and opposition opinion, not to the of the job they do, just as we acknowledge the excellent government business program itself. Therefore I ask job that volunteers and friends groups do. They are you, Speaker, to bring her back to the question. funded, I might say, through a range of programs, including increased funding through catchment The SPEAKER — Order! Yes, I feel the minister management authorities, increased funding through had strayed a little, and I ask her to come back to Landcare and increased funding through the whole answering the question. range of land management programs that we undertake.

Ms PIKE — The improvement in the bottom line On top of that, Speaker, you will recall that yesterday I for our hospitals reflects the massive investment of indicated that this side of the house has provided an additional funding that this government has made over extra $21 million for volunteers across Victoria for the the past five years. We are rebuilding our public next two years. So we have a proud record of properly hospitals, we are restoring their finances and we are funding staff to upgrade, maintain and enhance our putting them on a firm footing. It is just as well that we parks. We will continue to do that, just as we are are doing that, because the Duckett report showed in supporting volunteers right across this state. 1999 that we inherited hospitals that were technically insolvent. The only conclusion I can make from the Water: sales agreement comments I have heard today is that the opposition would like us to take the money back! Mr HOWARD (Ballarat East) — My question is to the Minister for Water. Given the progress in Parks Victoria: grants implementing the historic sales water deal to provide water security for irrigators and the environment, can Mr HONEYWOOD (Warrandyte) — My question the minister advise the house whether the government is to the Minister for Environment. I refer the minister has considered the consequences of alternative policy to the Parks Victoria annual report, which confirms that proposals? grants to volunteer community groups and local councils fell from $5.7 million in 1998–99 to only QUESTIONS WITHOUT NOTICE

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Mr THWAITES (Minister for Water) — The Mr Perton — On a point of order, Speaker, the Bracks government is well along the way in minister is debating the question. You ruled earlier implementing its water reform package, which is today that he is not entitled to do so. leading Australia. A key part of our package is the sales water deal, which is an historic agreement between The SPEAKER — Order! In answering the farmers and environmentalists to return flows to the question the Minister for Water must relate it to Murray River and to give better security for the water Victorian government business. provided to irrigators in this state. Mr THWAITES — Indeed I am doing that and This agreement was reached after extensive relating it to alternative policy proposals, as was asked, consultation with the Victorian Farmers Federation, and I am stating what the government’s attitude is to with elected customer service committees and with that alternative proposal. I am giving an account of our environmentalists. It is a win-win — a win for the attitude, which is the same as the attitude of the environment and a win for farmers. Farmers gain a Victorian Farmers Federation. statutory right to their sales water. The government is putting in $86 million in extra funds for dam safety and I quote from an article in the Weekly Times which irrigation upgrades. In return for these benefits farmers states: have agreed to allow 20 per cent of the sales water pool The Victorian Farmers Federation has slammed the Victorian to go back to the environment and back to the Murray Liberal Party for supporting a plan that would take water from and a range of rivers, including the Broken River and irrigators in the middle of a drought. others. Mr Perton — On a point of order, Speaker, on the It is important to note that sales water is allocated only basis of your previous rulings the minister is not in wet seasons and only when farmers already get their entitled to debate opposition policies but must restrict 100 per cent entitlements. his answer to matters of Victorian government administration. Dr Sykes interjected. Mr THWAITES — On the point of order, Speaker, Mr THWAITES — We will come to the other I was specifically asked whether the government has alternative. The environment benefits as a result of this, considered the consequences of alternative policy with 145 billion litres in new environmental flows. proposals. I am doing that. I am considering what that policy proposal is and, in doing so, indicating the I am very pleased to advise the house that progress is VFF’s view about that alternative policy. And that is an well under way in implementing the sales water deal. appropriate matter for the government to consider — We in Victoria have lodged the sales water deal with that is, the view of the Victorian Farmers Federation. the Murray-Darling Basin Commission for national accreditation. We have also established a committee led The SPEAKER — Order! I will rule on the point of by John Dainton to help manage the channel order. The minister is entitled to discuss alternative configurations. policies, but at the same time it does not give him the right to attack the opposition or indeed to read But one alternative proposal has been put forward. newspaper articles that attack the opposition as well. I Under this proposal water could be taken from all ask the Minister for Water to continue his answer, farmers in all years — dry years as well as wet years. keeping in mind that advice. Under this proposal a farmer’s statutory water rights would be reduced across the board. Farmers would not Mr THWAITES — I will not be attacking the get a legal right to sales water. I should advise the opposition. I do not need to. What I am doing is house that the Victorian Farmers Federation has indicating that this house takes seriously the attitude of slammed this proposal. Victorian Farmers Federation the Victorian Farmers Federation. The VFF has backed president Paul Weller has said that the plan makes no the sales water deal because it provides security for sense from a farm perspective and would be bad for the farmers, it provides $86 million in resources for environment and worse for farmers. irrigation and it provides water for the environment. And the president of the VFF — — Given that statement and given the attitude of the VFF, one might be surprised to know who supports the Mr Dixon — On a point of order, Speaker, the proposal — the Liberal Party and the shadow Minister minister has been speaking — — for Water! Honourable members interjecting. QUESTIONS WITHOUT NOTICE

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The SPEAKER — Order! When a member rises to Mr Doyle interjected. make a point of order he or she should be able to do so without interjection — particularly from the member Ms KOSKY — You go right ahead and do that for Clayton. because he will confirm — —

Mr Dixon — The minister has now been speaking The SPEAKER — Order! Through the Chair! 1 for over 5 /2 minutes, and I ask you to draw him to a close. Ms KOSKY — It is a shame that the member for Doncaster is unable to perform well in his own literacy, The SPEAKER — Order! The minister has been because if he had read the annual report properly he speaking for some time. There have been a couple of would know it does not state that a certain percentage points of order, but I think it is about time he drew to a of students cannot read at that level. What it says is that conclusion. they are not at a high standard but that 95 per cent of the students are reading at a text level that is of a very Mr THWAITES — The president of the VFF, Paul high standard. That is what it says. I think it is very Weller, is reported by the Weekly Times as saying that important — — the Liberal support for this proposal is a knee-jerk reaction: Honourable members interjecting.

Anything to be different from the government and get a bit of The SPEAKER — Order! The minister, without the publicity at the expense of irrigators … assistance of the Labor backbench.

This side of the house is not going to support this Ms KOSKY — It is very important that when the proposal. We are going to get on with the sales water member for Doncaster comes into this house he does deal, which will deliver for farmers and for the not belittle our students who can read. Ninety-five per environment. cent is a fantastic level. We are proud of that, and it is — — Students: literacy standards Mr Plowman — On a point of order, Speaker, it is Mr PERTON (Doncaster) — My question is to the not the role of the minister to criticise the opposition. I Minister for Education and Training. Given that your ask you to bring her back to answering the question. own department’s annual report reveals that one in five Victorian students cannot read properly and that the Honourable members interjecting. Auditor-General says your literacy programs are a waste of money, I ask — — The SPEAKER — Order! I ask the minister to continue. The SPEAKER — Order! The member will ask his questions through the Chair, please, and refer to the Ms KOSKY — Of course those results have minister appropriately. improved enormously since this government has come into office. We have made record investments in An honourable member — He can’t read! literacy. We are very pleased with the results. Yes, there can always be improvement, and that is why we Mr PERTON — Given that the education have specialist programs within our primary schools department’s annual report reveals that one in five and indeed with our secondary schools around literacy. Victorian students cannot read properly and that the In fact the Auditor-General indicated that the tail — Auditor-General says the minister’s literacy programs that is, those students who were performing poorly are a waste of money, why does the minister refuse to under the previous government — has increased cooperate with the commonwealth government’s considerably under this government. That is what the national inquiry into literacy? Auditor-General said. We are very proud of the results we have here in Victoria — very proud! — but of Ms KOSKY (Minister for Education and course there is always room for improvement. We will Training) — I thank the member for Doncaster for his continue to focus on those students who need extra question because I can inform the house that I had a assistance — and I can also offer reading recovery terrific conversation with Brendan Nelson about programs to the member for Doncaster. literacy. He indeed agreed with me that we are doing a fantastic job here in Victoria with our literacy standards. Fantastic! LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1495

Wine industry: performance LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED Mr HELPER (Ripon) — My question is to the ENFORCEMENT) BILL Minister for State and Regional Development. I ask the minister to inform the house of recent government Second reading initiatives to assist the Victorian wine industry. Debate resumed from 10 November; motion of Mr BRUMBY (Minister for State and Regional Mr HULLS (Attorney-General). Development) — If it is true to say in vino veritas, then it is also true to say in vino potestas — that is, in wine Mr COOPER (Mornington) — The purpose of this there is strength. There is great strength in the wine bill is to deal with matters concerning under-age industry in Victoria. Ten years ago wine exports from drinking, enhance the enforcement powers of the police this state were worth just $50 million. In the last under the Liquor Control Reform Act, increase financial year that figure had increased almost tenfold penalties and widen the categories of infringement to $435 million. It is a stunning achievement for our notice offences. Generally one would have to say that industry. Over the last year exports of wine from this these are admirable aims, because those people who do state exceeded exports of wheat. We have seen a not think we have some problems with under-age remarkable transformation of this value-adding drinking in this state need to be re-educated. I direct industry — this mix of science, innovation, art, their attention to a report of the Drugs and Crime enterprise and hard work opening up new export Prevention Committee that came down in June 2001 on opportunities for all Victorians. the inquiry into public drunkenness and also to the discussion paper that is currently being circulated by Ten years ago Victoria had 200 wineries, and now we the committee on its inquiry into strategies to reduce have more than 560. More than 100 Victorian wineries harmful alcohol consumption. are exporting to countries all around the world. This is an industry we can be very proud of. Wine tourism I quote from the inquiry report into public drunkenness: generates more than $400 million for the economy of regional Victoria, with 44 per cent of the 500 000 wine The 1998 national drug strategy household survey has stated that 66 per cent of adolescents between 14 and 19 years are tourists who visit Australia coming here. The industry recent drinkers (at least yearly) and around 30 per cent drink directly employs 2600 people, but of course tens of regularly (at least weekly). Of those who were recent thousands more are employed through winery tourism. drinkers, 23 per cent of 14 to 19-year-olds consumed seven or more standard drinks at least once per week, compared with Last night the Minister for Tourism and I were at the 10 per cent of adults … Great Wine Capitals Global Network general assembly Binge drinking or deliberate drinking to intoxication is and gala dinner — it is much easier to say today than it common amongst young people. was last night! The minister presented international wine tourism awards and also released the 2004–07 I quote from page 31 of the discussion paper that has Food and Wine Tourism Plan. It is a fantastic network. been circulated by the committee under the heading The conference has been held here all week, and ‘Cultures of alcohol consumption’: Melbourne has secured a place alongside Bordeaux, Although overall alcohol consumption has stayed relatively Bilbao, Cape Town, Florence, Porto and San Francisco stable over the past 10 years, heavy sessional drinking by as one of the great wine capitals of the world. young adults has increased dramatically … Surveys conducted by the Victorian Premier’s Drug Prevention Mr Honeywood interjected. Council (2003) with Victorians aged between 16 and 24 years found that: Mr BRUMBY — Am I doing a wine tour? To In the past 12 months, 20 per cent reported that they where? intend to get drunk most or every time they drink. A further 27 per cent intend to get drunk at least some of The SPEAKER — Order! The Treasurer should the times they drink. address his remarks through the Chair! Of those under 18 who had drunk alcohol in the past Mr BRUMBY — I actually have a line written 12 months, half had got their parents to buy it for them (51 per cent) or had obtained it from down here: ‘The opposition likes a good whine’ — that friends/acquaintances (50 per cent). is w-h-i-n-e — sauvignon whinge! On that note I will sit down. The discussion paper goes on to say: LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

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Perhaps even more disturbing have been the alcohol Mr LANGUILLER (Derrimut) — It gives me awareness surveys conducted by the Salvation Army in 2002 pleasure to speak in support of the Liquor Control and 2003. Reform (Underage Drinking and Enhanced According to the paper the survey showed that: Enforcement) Bill 2004. This is one of those bills that one welcomes speaking on. However, one would also Binge drinking for both young males and young females has wish that we did not have to deal with such matters. But reached epidemic proportions. Thirty-five per cent of teenage as other speakers have indicated, the reality is that we males (14 to 19 years of age) admitted to drinking in one day between 11 and 30 alcohol drinks. The figure for teenage have an issue to address. This government has a females drinking between 9 and 30 drinks was 22 per cent. message to convey, and the message is that we will be tough on under-age drinking and will do everything we The discussion paper goes into a lot more detail than I can, in an holistic manner, to deal with under-age have time to deal with today, but the reality is that there drinking and to assist in overcoming this problem in the is a very serious problem in our society with young community. people’s drinking, one that needs to be addressed. I am sure that that view is held by everybody in this house The fundamental objective of the bill is to make a range who has read the report of the committee or the of amendments to the Liquor Control Reform Act 1998 discussion paper that it is currently circulating. in order to help address under-age drinking, to enhance the enforcement powers of Victoria Police under the act With all that in mind, I cannot for the life of me work and to make the operation of the act more efficient and out why this government would therefore introduce a effective. This relates to our government’s commitment bill that legalises vending machines for alcoholic to further address concerns regarding the incidence and drinks. It is extraordinary that this government would nature of alcohol abuse, particularly by children and commit itself to doing something that is so potentially youths. The bill makes a number of amendments which harmful by allowing teenagers — or anyone else — to fall within the overall policies of our government. It access alcoholic drinks without any kind of supervision will deal with the issue in the context of healthy or control. That is the reality of vending machines. communities and Labor’s plans for seniors and Members opposite should be saying to the minister in community health, and it respects Labor’s commitment the other place who dreamt up and is in charge of this to young people. bill, ‘Take it back and have another think. For God’s sake, Minister, think about what it is you are doing’. It The proposals in the bill have been identified as a is no good coming out with all the stuff I have read in significant initiative within the government’s Victorian the papers in the last couple of days, such as, ‘This will alcohol action plan. In the limited time that we have for be okay. They will be in licensed premises, so the this debate, let me place on the record the fact that as a licensees will be able to control them’. Of course they government we are responding to concerns that the will not be able to control them. They are vending community has manifested over a number of years and machines, and by their very nature vending machines getting on with the job. In July the minister, whom I are available to anyone who goes up and puts their commend, introduced a range of reforms and packages money in the slot. that are designed to do what I outlined in my initial remarks, which is to be tough on under-age drinking, to The part of this legislation that legalises vending adopt a whole-of-government approach and to ensure machines is dangerous in the extreme, given the terrible that this government and the community do everything things that the Drugs and Crime Prevention Committee they can to reduce the level of under-age drinking. In has detected and publicised so well during its study of July the minister presented an exposure draft and alcohol problems in our society. I am staggered that conducted wide-ranging consultation with all the Minister Lenders in the other place has apparently not interested parties, including the liquor industry, mums paid any attention whatsoever to what the committee and dads, the bodies who are associated with the sale has been saying on this serious problem since 2001. I and consumption of alcohol in Victoria, and the implore this government to think again on the question community at large. of vending machines for alcoholic drinks. The legislation will put the young people of our state in Fundamentally this bill introduces reforms to increase even greater danger than they are in today, which penalties and to create a new offence to cover a very means therefore that this government will have a result important subject which needs to be faced head on and it will not be proud of. This legislation should be which relates to falsely applying for a proof-of-age directed towards the better control of under-age card. Currently there is no such offence in the legal drinking. The reality and the sad fact of the matter is sense. According to reports that we have received it that this is going to make things even worse. appears that this is an ongoing practice, and LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1497 consequently it will be dealt with in the manner that it focusing on under-age drinking, reviewing existing deserves. strategies for reducing harmful alcohol consumption and recommending best practices to address the issues The other matter relates to the use of vending machines. surrounding harmful alcohol consumption, including In response to the previous opposition speaker I point regulatory, law enforcement, education and treatment out that once this legislation is enacted vending responses. It is therefore somewhat perplexing that the machines will only be used in licensed venues — government is proceeding with this bill prior to namely, in venues which are authorised, which know considering the committee’s report. how to deal with drinking and which adhere to the current practice, which will be retained. As I understand Notwithstanding that, under-age drinking is clearly a it under-age drinking can only occur in the company of problem, and more young people are taking part in an adult. Under the current legislation drinking can only harmful alcohol consumption, many being as young as take place in the company of a mother, father or 12 to 15 years — and it involves young girls as well as custodian. That will be extended to other adults who young boys. Regrettably there is a very strong link may be taking responsibility for the under-age between the age at which young people commence person — namely, a grandparent, an uncle or an auntie, drinking and the risk of harm from alcohol or someone who is responsible for that under-age consumption: acute harm such as violence associated person being in a licensed venue. Nevertheless the with either them or their friends being drunk, having drinking will continue as occurs at the moment — that unwanted sex or having car accidents; or, in the case of is, the status quo will be retained so that the drink has to chronic harm, cirrhosis of the liver, increased be accompanied by a meal. predisposition to cancer or aggravating depression or other mental illnesses. Fundamentally the aim of the bill is to address the concerns expressed by the community. I conclude by Clearly it is a problem and clearly a coordinated indicating that I commend the minister for this good strategy is required. While this discussion focuses on initiative. While it is important to be tough on the legislative component, I will focus on a couple of under-age drinking and to introduce reforms that other aspects, including a basic principle that I conform with the desires of the community, we also subscribe to — that is, that individuals should take recognise that much education needs to take place and responsibility for their own actions. In that sense I that there must be involvement with local communities support an initiative of the police in various parts of the and other government departments. We are dealing state, including at Warrnambool. The police there have with this issue in the most responsible manner. come out with a publication called So You Want to Consequently the health department will be engaged in Drink? Your Rights and Responsibilities. That is programs to do with education and health issues targeting young people of legal drinking age, alerting associated with drinking, as indeed will the transport them to their rights and also their responsibilities when department and every other government department, in they partake of drink. order to ensure that we give our young Victorians the best possible opportunities to learn to drink responsibly We need to support that responsibility for their own and in a healthy manner. I commend the bill to the actions by changing the culture associated with those house. things which currently seem to glorify excessive alcohol consumption. We see it at times associated with Dr SYKES (Benalla) — I rise to speak on the celebrating a sporting success or other of life’s events. Liquor Control Reform (Underage Drinking and It will be hard work to change that culture, but it has Enhanced Enforcement) Bill. Like the member for been demonstrated that, for example, wine Mornington I am a member of the parliamentary Drugs consumption in France has been changed over many and Crime Prevention Committee — — years. Previously it was ingrained in the French culture that a large amount of wine was consumed. That level Mr Maxfield — A good committee! has been reduced to levels more consistent with what we drink in Australia. Similarly tobacco consumption Dr SYKES — And like the member for Narracan! in Australia has been reduced as part of an ongoing, We work well together as a team. coordinated campaign which focuses on education and Dr Napthine — You work with him? attitudinal change.

Dr SYKES — I do. Currently the committee is Besides the legislative component, in this coordinated conducting an inquiry into strategies to reduce harmful strategy we also need to look harder at alcohol alcohol consumption. The terms of reference include advertising. Clearly profit for the alcohol industry is a LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1498 ASSEMBLY Thursday, 11 November 2004 function of the number of people who drink and the In the bill the government is implementing a number of amount they drink. Therefore it is in the interests of the initiatives which will enhance our ability to keep under industry to recruit new drinkers — because some die, control the very serious issue in our community of including of alcohol-related and other problems. It is under-age drinking. In our travels as a committee also in the interests of the industry to encourage an looking at the issue and through my involvement as a increase in the volumes of consumption. This leads to local member of Parliament I have seen many concerns when the industry adopts strategies to difficulties that we have with under-age drinking. Some encourage young people to drink, such as the alcopops young people engage in binge drinking. They will go or other sweet drinks that are attractive to young people out in the evening and drink to excess, which results in and, worse still, marketing strategies which clearly a whole range of flow-on problems. focus on young people. That was recently highlighted with a promotion which involved being given The statistics about our youth, as listed in the vodka-based drinks as a bonus when buying a couple of second-reading speech, make it quite clear that this is compact discs. We need the industry to take a long, an area that we need to look at very closely. Alcohol hard look at itself. If we are going to introduce and drug surveys conducted in 2002 and 2003 indicate regulation, we need to look harder at the regulation of that 91 per cent of all young people had had an the advertising of alcohol. alcoholic drink in the past 12 months; 18 per cent of young people are putting themselves at risk of I refer to the responsible serving of alcohol. To a large short-term harm and that occurs on a weekly basis; extent that is where this proposed legislation fits in. disturbingly, 20 per cent of young people intend to get Again, I suggest that the government cannot legislate drunk most times or every time they drink, which quite for cooperation. What it needs is the support of the clearly brings in very much the issue of irresponsible alcohol servers — that is, management and staff — and drinking; and the median age for having a first serve of the clients who are consuming alcohol in the venues. alcohol is 15. With those sorts of statistics it is no That is a function of education, regulation and wonder that I am standing in this chamber today enforcement of the regulation. In this case I ask the welcoming the bill that is before us. questions: is there a need for this additional, tougher legislation; have we implemented enforcement to the In the short time available I cannot go into a lot of maximum? We know, for example, that in Sweden, detail, but there are certainly a number of initiatives in where they are very tough on alcohol consumption, the bill which members can clearly support. The bill when they looked closely at the enforcement of their will enable us to have enhanced enforcement powers, existing tough legislation, they found it was very poor. I giving the police stronger powers to tackle and act on put to the government that we should make sure that we the issue in a range of areas. The bill is not, of course, are enforcing our legislation before we look at bringing about just enforcement. It is also about working with in tougher measures. the community as part of an action plan and about improving the health of our community overall. The bill With those few remarks, I suggest that the government is not about just the issue of young people drinking to delay further legislative and other initiatives pending excess, but also the overall health of our community, consideration of the report that will be submitted by the including our young people. Drugs and Crime Prevention Committee on its inquiry into strategies to reduce the harmful effect of alcohol Our legislative requirements have a gap relating to consumption. identity cards. Young people have been known to apply for and get false identity cards and falsely apply for Mr MAXFIELD (Narracan) — I rise this afternoon identity cards so that they can use them to get access to to speak in support of the Liquor Control Reform licensed premises. Having statutory provision making it (Underage Drinking and Enhanced Enforcement) Bill. I illegal to apply for such identity cards is clearly a major acknowledge that the previous speaker, the member for move forward in this area. It will create a legislative Benalla, and I are members of the Drugs and Crime block and make it illegal for those identity cards to be Prevention Committee. Certainly we do work well as a misused. committee and we are doing some tremendously good work in this area. That means, of course, that I welcome I note that significant comments have been made in the this bill because I have looked very closely at some of media as well as in this chamber in an attempted these issues. It is quite clear that the government is on campaign regarding vending machines. If members the right track here. were to believe the hype of the opposition that is being carried on in the media on this issue, they would think the government has suddenly brought in legislation to LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1499 allow alcohol vending machines to be festooned around In regards to the amendment about the range of people that the community. The fact is the absolute reverse of that. can accompany a minor onto licensed premises, I feel that this is a step forward. More often in today’s society the family I find it amazing that members of the Liberal Party structure changes, and it’s grandparents, aunts and uncles who would come into this house and lie to the community in are responsible for minors. On the issue of vending machines, a way which is clearly designed to worry and scare they would be very hard to supervise. people when they know that they cannot argue against the facts or the truth. The theory that is applied is what Let me go straight to this very important issue of was seen in Germany during the Second World War — vending machines. There is no doubt in my mind that that is, if you tell a lie large enough and often enough, this legislation before the house will allow vending hopefully somebody might believe it! I say here that the machines to be used to dispense alcohol across people of Victoria are not silly enough to believe the Victoria. This will increase the risk of under-age Liberal lies. drinking. It will undermine the efforts to have responsible serving of alcohol. People who would The reality is that the legislation will provide some otherwise not be served over the bar will be able to go controls on the implementation of vending machines. to the vending machine at the club or hotel and get The legislation will introduce some controls and access to drinks, which will undermine all the efforts restrictions that do not exist now. We do not have a that have been made over a number of years to regime to control the prevalence of alcohol vending encourage the responsible serving of alcohol. It will machines in our community. Legislation will bring in promote, encourage and allow irresponsible drinking, some controls and restrictions on the availability of excessive drinking and under-age drinking; there is no vending machines and where they can be placed. doubt about that. But it will also costs jobs in the Rather than giving the placement of vending machines industry. a green light, the bill sends a strong signal to slow down the introduction of alcohol vending machines and If you were running a pub or a busy club, the control their implementation. temptation would be to get one or two vending machines in your pub or club and reduce the number of In summary the bill is forward thinking. I welcome it, bar staff so that people could access their alcohol and I am sure that the entire community will also through the vending machines and you could save welcome it. I call on the opposition to get behind the money. The indirect effect would be that people who government and support this well-thought-out bill. are under age would be more likely to get access to alcohol because they would not be fronting up to a bar Dr NAPTHINE (South-West Coast) — I think all person who would check their identification each time. of us in this house would be concerned about under-age The bar staff would also not be checking them with drinking in our community and be aware of the need to regard to the rules for the responsible serving of use alcohol responsibly and sensibly. I wish to read alcohol. from a letter I received from Patricia McLean, the manager-nominee of the Gordon Hotel in Portland. She I urge the government to adopt the Liberal Party raises a number of issues about this legislation, and I amendments — the commonsense approach — which quote: make it clear, once and for all, that alcohol vending machines will be absolutely banned in Victoria. That is I don’t think that by increasing the penalty for the licensee the responsible thing to do. I would urge the from $2000 to $6000 will act as a deterrent to stop under-age government not to worry about the politics of it but to drinking. We serve alcohol under the responsible service of alcohol guidelines; if a person presents us with an ID when get it right for the people of Victoria. challenged and that ID looks in order and later proves to be false, why then should the licensee be so heavily penalised? I want to refer to another issue which I believe is a One of the ways to deter under-age drinking is to increase the positive suggestion about how we can reduce the fines imposed on the minor, not the licensee. The young effects of the abuse of alcohol among our young offenders’ fines should be increased or, as in some states, be made to do a compulsory course about the effects of drinking people. I refer to a quote that has been referred to alcohol. It is too easy for the children involved or the parents before in the Drugs and Crime Committee’s Inquiry to pay the fine and then it’s all forgotten, until next time. The into Strategies to Reduce Harmful Alcohol $50 fine for minors caught drinking has not changed since the Consumption — Discussion Paper, which says: legislation was introduced in 1987. The bill is concentrating on under-age drinking yet the fines are not increasing, so is Although overall alcohol consumption has stayed relatively this bill really going to deter minors? stable over the past 10 years, heavy sessional drinking by young adults has increased dramatically … The letter goes on to some other issues in the bill, and these are relevant as well: LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

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It refers to some studies by the Salvation Army which Council of Victoria in the centre for behavioural clearly show the real problems of binge drinking. There research for four years. During that time I was mainly are associated problems with binge drinking: it leads to working on evaluating the Quit program. The centre violence, potential sexual abuse, unwanted sexual looked at tobacco, drug and alcohol use by minors activity, high-risk behaviour, illegal activities, personal through the secondary students alcohol and drug embarrassment and often wilful damage around the survey. I worked with one of the recent researchers community. there, Vicki White, who is an outstanding researcher. Yesterday she sent me a copy of the seventh Victorian We must do things to try to limit the abuse of alcohol secondary students alcohol and drug survey. I want to by young people. A suggestion I would put forward refer to some of the findings of that study. very strongly is for the government to legislate to limit the alcohol content of the ready-mixed drinks which are The study is done in collaboration with the Victorian now increasing their market share, particularly among Department of Human Services and the Cancer Council young people. I would urge the government to limit the of Victoria. It is a sample of 66 secondary schools, alcohol content of these drinks to 2.5 per cent alcohol, including non-government schools. A total of which is the same as our light beers. These 4375 Victorian students were surveyed. The prevalence ready-to-drink drinks are very popular among young and consumption of alcohol was one of the things people because of their sweet taste. They are very much reported and analysed. It is well known that marketed for those young people. Young people go to adolescence is a period of time when students and the supermarket and buy a fourpack or a sixpack of young people experiment with alcohol. This is quite these drinks and take them off to a party. normal. The sorts of habits that they develop at that age are very important in the development of their future Let us look at the alcohol content of some of these behaviour. drinks: it is 5 per cent for Lemon Ruski, Cruisers, Archers, Illusion, Breezers, Jim Beam and Cola and As a parent of a 14-year-old I can tell members — and I Woodstock and Cola, and it is 4.8 per cent for Blue am sure many members can relate to this — that Sky. I alert you, Speaker, to one of the new drinks 14-year-olds want to try everything and are always which is becoming very popular among young people, pushing the boundaries. They certainly think they are particularly young women — Passion Pop. It comes in old enough to try every adult experience. The a 750 millilitre bottle. It is a bubbly drink, it is very secondary students alcohol and drug survey sweet and it is 9.5 per cent alcohol. These levels of demonstrates that students do use alcohol. By the age of alcohol are far too high for this type of drink. 14, 90 per cent of students had tried alcohol and by the age of 16 more than 70 per cent of students surveyed I urge the government to legislate quickly and clearly to had drunk alcohol in the month prior to the survey. The limit the alcohol content of these ready-to-drink sweet older the student the more likely they were to have drinks that appeal to the youth market. The alcohol drunk alcohol in the week prior to the survey. Some content of these drinks should be limited to 2.5 per cent. 62 per cent of 17-year-old males and 52 per cent of 16 In that way people could drink the same volume but and 17-year-old females had had a drink in the week much less alcohol. They could participate in young prior to the survey. This is a considerable proportion of people’s activities and party activities and be one of the minors who are described as current drinkers. crowd, but they would not be putting themselves at risk of alcohol abuse. As a part of this process I would urge The proportion of current drinkers has been increasing the government to deal with under-age drinking. over the time the survey has been conducted. In addition to an increase in the prevalence of minors Ms MORAND (Mount Waverley) — This bill is drinking in the week before the survey, there has been aimed at reducing the risk of harm caused by alcohol an increase in the number of minors drinking at a level and improving and updating the operation of the act in which is considered to be a risk. recognition of the diversity of Melbourne’s and Victoria’s licensed premises and the people who use The research indicates that most students got access by them. The changes proposed by the bill are aimed at non-commercial means. We know that in most cases strategies to reduce under-age drinking and also to they are drinking at home and that the alcohol is enhance the power of Victoria Police. provided by parents. Under supervision you can expect that that is not a dangerous situation in most cases. I would like to refer to some relevant research related to However, the study indicates that 8 per cent of those under-age drinking — the Victorian secondary students defined as current drinkers — those who had had a alcohol and drug survey. I worked at the Cancer drink in the last week — had bought their last drink. If LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1501 you extrapolate that 8 per cent to the general Ms ASHER (Brighton) — I would like to make a population, it means many thousands of minors have few comments on the Liquor Control Reform purchased alcohol at commercial outlets. Given that the (Underage Drinking and Enhanced Enforcement) Bill, sale of alcohol to minors is illegal, that is obviously a and to support the amendments circulated by the problem and something which we need improve to member for Bulleen which would prohibit vending limit teenagers’ access to alcohol. The students were machines. In the 1980s and 1990s we saw in our found to have bought alcohol at a variety of outlets society significant reforms in relation to alcohol. I think including restaurants, nightclubs, walk-in bottle shops, the drivers of those reforms were the support for a more pubs and hotels, and, most frequently, from licensed cosmopolitan society and the support for the hospitality liquor stores. and tourism industries. The second underpinner of those two very significant reforms — one under the One of the major amendments in this bill is to increase Labor Party and one under us — was protection of the the maximum penalties for offences relating to vulnerable, especially under-age drinkers. supplying liquor to minors. The penalty for supplying liquor to a minor will increase from $2000 to $6000. From my perspective the bill seems a little This is a sensible change given that there has not been contradictory. On the one hand we have a range of an increase in this penalty for quite some time and that measures which I support — I think the government it has been completely out of step with those in other has put forward a range of measures to attempt to jurisdictions across Australia. This brings the penalty reduce under-age drinking — but on the other hand we for selling alcohol to a minor up to a similar severity as have an authorising of vending machines, which is the the penalty for selling cigarettes to minors, which is subject of the amendments. It seems to me on reflection currently $5000. that these directions from the government are a little contradictory. Another amendment included in the bill is the new offence of falsely applying for a proof-of-age card or Under-age drinking is probably more of a problem than assisting another person to do so. Also reflected in these many members of this chamber know. I am conscious amendments is recognition that minors often consume of the fact that members have quoted from studies. I alcohol under the supervision of adults other than their chose to seek the advice of my work experience parents. The amendment allows adults other than student, Alex Chapman, who informed me that there parents or spouses to accompany a minor into licensed are very serious problems which adults need to come to premises. The second-reading speech gave the example grips with. It is in that context that I am speaking on the of a minor going to a hotel or licensed premises or bill. restaurant with their grandparents. The bill increases the maximum penalty for supplying I think enough has been said about the provision liquor to minors and brings about a ban on liquor relating to vending machines, except to say that these licences being issued in premises primarily used by amendments actually provide for greater control and minors and so on. However, the opposition has regulation, not less. Currently an existing licensee could consulted with business. While generally supporting the install a liquor vending machine on licensed premises thrust of the government’s reforms, business has raised without any specific approval. This bill provides that a number of issues that I think should be placed on the specific consent from the director is needed for the record. One issue about which the industry has raised vending machine and that supply is subject to concerns is that the police do not need to notify conditions which have already been outlined. In licensees of infringements but can actually issue an addition, section 22 of the principal act currently on-the-spot infringement at a later date. I hope the provides that the director of liquor licensing must not minister considers those concerns. Business is also grant a licence or bring-your-own permit where the concerned that some of the documents which the bill premises are primarily used as a drive-in cinema, petrol requires to be produced may not be immediately station or convenience store, mixed business or milk available to staff. The industry feels there should be a bar. The bill will allow the director to refuse a licence reasonable time for licensees to produce these on the grounds that the premises are intended to be used documents. generally by minors. I note also that the bill establishes a new advisory All of these reforms are very sensible. They are most council and abolishes the Coordinating Council on the welcome. I am sure they will improve the strategies Control of Liquor Abuse. Having previously been a around reducing the access of teenagers and minors to minister with responsibility for this area I thank the two alcohol. I commend the bill to the house. chairs of that council whom I worked with — Mick LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1502 ASSEMBLY Thursday, 11 November 2004

Miller and Hadden Storey. That council produced some This bill is really about addressing the concerns we very good work, and I hope that work is taken up by the have for the health of those young people and to try to new advisory council. The bill also covers the dry area ensure we can more properly regulate their access to polls. Having been the minister responsible for these alcohol in this state. We can be very proud of the fact issues, the dry area issue is a particularly vexed one. I that we are a cosmopolitan society and that over the last think the government’s solution is a good one — that is, 20 years or so we have reformed the liquor licensing to allow postal voting in that area. laws so that people can drink alcohol in a more responsible environment and sensible way. We well The amendments the opposition has circulated to the recall the days of the 6 o’clock swill when patrons after house relate to the issue of vending machines. The work would get into the bars and drink as much alcohol opposition is suggesting that even on licensed as they could before the closing time of 6 o’clock. The premises — I note that other speakers have pointed out reform of the liquor licensing laws by the Cain that vending machines are only able to be on licensed government stands as an enduring legacy of good premises; we appreciate that point — the use of government and has led to the development of the small vending machines should be banned. A number of bars and cafes and the drinking with meals in a studies of recent times and a number of social trends responsible way that occurs today. which some of us are able to observe indicate there are very significant problems with under-age drinking. As I This bill seeks to tackle under-age drinking in a number indicated earlier, there are many more problems than of ways. It substantially increases the penalties for people have realised. What we are saying is that there supplying alcohol to people under 18 years of age. It should be no vending machines at all. After all, vending creates an offence of falsely applying for, or assisting machines cannot do responsible service of alcohol another to falsely apply for, a proof-of-age card and courses, and this government makes much of having prohibits the licensing of premises which are directed those courses, as did the previous government. A to, or primarily used by, under-18-year-olds, including vending machine cannot judge that someone has had indoor play centres. It also prohibits the sale of alcohol too much to drink. That removal of the control is not from vending machines except on premises which are something we wish to support. The amendments already licensed and then only subject to stringent circulated to the house would require that there be a ban conditions. on vending machines. The member for South-West Coast in his contribution I understand we have a range of agreements over time read with approval a letter from a constituent who to allow everyone to have a say, so with those few thought it was unfair for us to be increasing the comments I support the amendments foreshadowed by penalties in relation to licensees. It is very much up to the opposition. We do not oppose the bill. the licensees to take reasonable steps to ensure that a young person served with alcohol is of an appropriate Mr HUDSON (Bentleigh) — It is a pleasure to rise age. They need to set the standard and show they are in support of the Liquor Control Reform (Underage serving alcohol responsibly and are complying with the Drinking and Increased Enforcement) Bill. Everyone requirements of their licence in ensuring as much as who has spoken on this bill in the house today has they can that young people to whom they are serving acknowledged the serious health problems associated alcohol are in fact entitled under the law to be served with under-age drinking, and indeed binge drinking, by alcohol. our young people. We only have to look at the results of the surveys and the anecdotal evidence introduced by The government has taken some significant steps in the member for Brighton to know that it is a very improving and enhancing the proof-of-age card which serious problem. now has many of the features of the Victorian driver licence including security features such as a The Premier’s Drug Prevention Council found that holographic overlay, background colour made up of 91 per cent of young people surveyed had had an fine green lines and a digital image of the signature and alcoholic drink in the past 12 months. Perhaps more portrait of the person to whom the card has been issued. worrying is the fact that 18 per cent of those young In those circumstances it is reasonable to expect people are putting themselves at risk of short-term harm licensees to be checking those cards to ensure they are on a weekly basis, and about one in five of those young not forgeries. We do not want to see a return to the days people set out to get drunk when they go to have a when with a bit of a nudge, nudge, wink, wink, it was drink. okay to get a drink when you were under-age. The laws are there to be enforced and I believe our licensees have a role to play in enforcing them. LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1503

Mr Honeywood interjected. premises get fined for somebody who can just go over to the vending machines and help themselves? Mr HUDSON — The member for Brighton and the member for Warrandyte have raised the issue of the One of the sensible provisions of this bill is increasing vending machines. I must say I was somewhat stunned the range of persons who can accompany a minor into by the contribution by the member for Brighton licensed premises without breaching the act. The because right throughout the time of the Kennett second-reading speech gives the example of a government vending machines were not regulated at all. grandparent, but I would hope it also includes coaches, Under the current act they are not regulated. That is a captains and presidents of clubs. Under the present act a fact. Any pub or club could introduce vending minor can only be on most licensed premises in the machines into their premises right now and there would company of a spouse, parent or guardian. They can be no controls on them whatsoever. only consume an alcoholic drink if they are having a meal with a spouse, parent or guardian. The act does It is somewhat puzzling that the former minister not change that. responsible for this area has come into the house and criticised the government for introducing restrictions on Expanding the definition of ‘responsible person’ is a the availability of vending machines, restrictions which, sensible amendment. I was made aware of the Liquor for example, will ensure that they must be in an area Control Reform Act 1998, particularly sections 120 where they can be supervised. They will not be in a and 123, when I was a councillor with the then Shire of public area. You will only be able to utilise vending Shepparton. We had a briefing from the police, who machines by way of a token and those tokens will not talked to us about under-age drinking and about it being be able to be sold to a young person under the age of illegal to be under age on licensed premises. When for 18 years. They are improvements in the current law, example I asked about minors being in sporting clubs, which has an open-slather approach. These reforms are particularly at the end of a game — you might have a significant ones which will restrict under-age drinking. 16 or 17-year-old member of a tennis, football or They will help us to develop a more responsible cricket club who might go into the club’s licensed drinking culture. I commend the bill to the house. premises to have a glass of Coke or orange juice — the police officer said that it was illegal to be under age on Mrs POWELL (Shepparton) — This bill brings a licensed premises without being in the company of a forward a number of initiatives that the government parent or guardian. I was also told that most police use believes will address under-age drinking. We all their discretionary powers and that in those believe wholeheartedly that under-age drinking should circumstances they would not charge anybody. be curbed. The initiatives include enhancing the enforcement powers of Victoria Police and The concern I have is that I was also told that if there substantially increasing the maximum penalties for was a nuisance factor at that club caused by noise or a supplying alcohol to minors. It provides a new offence disruption and the police arrived to have a look at what of falsely applying for a proof-of-age card or assisting was happening, then they would charge any minors that another person to apply for one. It makes provisions for happened to be there. That would mean charging young the sale of liquor through vending machines. I people who might just have gone back into the tennis understand this is only on licensed premises, but The club’s premises after a game to have a drink of orange Nationals have concerns about the increased access of juice. It is really important that the definition of a self-service to alcohol. One of our concerns is who will person who can be responsible for a minor will now be responsible if a person is found to be on the premises include anybody over the age of 18 years, whether it is when drunk and is charged. If no-one has served them, a parent, a step-parent, a guardian, a grandparent or a who will be responsible? spouse. It will also include a person who is acting in place of a parent and who could reasonably be expected I have two sons who have worked in the hospitality to exercise responsible supervision of the younger industry and if they as waiters serve someone who is person. already drunk they can be fined or penalised and so can the owner of the premises. We need to review this As I said earlier, I hope that will also include the provision. My sons as waiters had to be trained in the captain of the team or the coach, the president or the responsible serving of alcohol. It is a concern to me that secretary of the club or somebody else in a responsible people will be able to access alcohol in licensed situation, so that minors can actually enjoy being on premises, but no-one is responsible for actually handing club premises after a game and have a glass of orange that over to them. If someone is found drunk on the juice or a Coke without being charged with an offence premises, who will be fined? Does the owner of the LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1504 ASSEMBLY Thursday, 11 November 2004 if the police happen to come to the club in response to a The penalties have been increased substantially, and I call. will just detail the increases. It will be an offence to falsely apply for or assist others to falsely apply for a The bill does not deal with drink spiking but does proof-of-age card. This new proof-of-age card is fairly provide for the establishment of an advisory council to critical to this legislation. It was introduced on 29 July advise on alcohol abuse and possible amendments to by the minister and has a number of security features, the act. I hope the committee investigates the increase such as a holographic overlay, a background colour in the spiking of drinks that we have seen over the last made up of fine green lines, similar to those which 12 months. I attended a forum in Shepparton on drink appear on Australian banknotes, a digital image of the spiking which was run by Goulburn Valley Community signature and a portrait, and a Consumer Affairs Health. There we heard from the police and a number Victoria name and logo in special, secure microprint. It of organisations about trying to teach people in schools will be clear to the vendors of alcohol that buyers are not to leave their drinks alone and to always have required to present this card. It is also an offence to someone they trust buy them a drink. We were told falsely apply for this card under this legislation. there is also a test kit available which you can use to test your drink to make sure it has not been tampered The changes to the penalties relating to the sale of with. liquor to under-age consumers are as follows. The penalty for selling liquor without a licence will increase The most important thing is to educate people about the from $5000 to $12 000. The number of offences under ramifications of under-age drinking and binge or the act which can be enforced by infringement notices excessive drinking, as well as drink spiking. The or on-the-spot fines will increase. The maximum fine surveys show that more and more young people are that can be imposed by the Victorian Civil and drinking alcohol, and it is important that the Administrative Tribunal on a licensee will increase government continue to fund education programs in from $10 000 to $30 000. The search and seizure schools and sporting clubs. powers in relation to premises which are believed to be in breach of the act will be expanded, and this includes Ms MUNT (Mordialloc) — I rise in support of this allowing licence inspectors to seize documents relating liquor licensing bill, with its very good measures to to the supply and purchase of liquor and allowing the tighten up on under-age drinking. Like the member for police to require licensees to produce details relating to Brighton I also had a work experience student who the directors of a licensee company or the committee of pulled out a few facts and figures for me to use in the management where the licensee is a club. discussion on this bill, and I will detail them. Mr Perton interjected. At the age of 17 years over one-half of male drinkers and over two-fifths of female drinkers have purchased Ms MUNT — They are great increases in the their last alcoholic drinks themselves. That is a lot of penalties — — purchasing of drinks by under-age drinkers. Also around 80 per cent of Australian teenagers have tried Mr Perton interjected. alcohol. Alcohol is responsible for most drug-related deaths in the teenage population; however, Victoria has The ACTING SPEAKER (Ms Lindell) — Order! the lowest per capita consumption of alcohol, so while The member for Doncaster! The house does not need there may be under-age drinking there is also that type of interjection constantly interrupting responsible drinking going on. members’ contributions to the debate. We are trying, as the member knows, to allow as many members as My work experience student spoke about the provisions possible to speak on this bill. whereby under the European model teenagers can go into restaurants with designated responsible adults — Ms MUNT — The penalties have been substantially for example, their parents and grandparents — to enjoy increased. There has been some comment about a glass of wine under their supervision. I think that is a vending machines. Vending machines may only be good thing, and it is something that I do with my operated on licensed premises. I would imagine that children. However, with this much selling of alcohol to with these increased penalties licensed premises would under-age children, the current provisions have to be see that it will be in their best interests to verify the new tightened up. It seems to me that the major focus of this proof-of-age identity cards and to check very carefully bill is to put an increased onus on the servers of alcohol to see whether those machines are being accessed by to make sure they are selling to drinkers who are under-age drinkers. over 18. LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

Thursday, 11 November 2004 ASSEMBLY 1505

As a mother of teenage children I support this behind the bar to properly supervise people who were legislation, which is a measure to protect youngsters in accessing a vending machine. our community from being able to access alcohol before they have the maturity to drink it safely. I There have been a couple of issues raised about the commend the bill to the house. types of drinks that could be sold from vending machines, particularly the fact that young children may Mr MULDER (Polwarth) — The Liquor Control be on the premises. Are we going to allow a younger Reform (Underage Drinking and Enhanced child to go up with a token to get a soft drink out of the Enforcement) Bill has some provisions that I can see vending machine? Could they mistakenly get one of the will assist in helping to curb under-age drinking — a fizzy drinks that are loaded with about 5 or 6 per cent curse on the community that has grown significantly in alcohol from the machine? Could people build up recent years. In my teenage years, not having been an tokens towards the end of the night and then get blind angel, it was always the boys who were part of the drunk by using all the tokens they have in their under-age drinking that took place in the community, pockets? Given the fact that we are talking about a bill but of real concern to me is the fact that young girls that is supposed to control and assist in reducing seem to have taken to this practice at an enormous rate. under-age drinking, having vending machines on There is nothing more distressing than to see a young licensed premises only sends a message that you are girl under the influence of alcohol and in a terrible state going to increase the number of teenagers and in a public place. It is of real concern to see the growth under-age persons getting drunk on licensed premises, in this problem, with girls commencing to drink at a or getting drunk as a result of having access to vending younger age year after year. machines on licensed premises.

One of the events held in my electorate is the Colac I understand that another member wants to make a show, and because of concerns over the years about small contribution to the debate, so on that note I will under-age drinking organisers have taken measures to wind up. make the event alcohol free. Alan Carew and the organising committee for this event are to be Ms BUCHANAN (Hastings) — I thank the member congratulated on that great initiative. We do not have to for Polwarth for allowing me to make a very small have alcohol at every single event, particularly those contribution to the debate on the Liquor Control that attract families and younger people. There is room Reform (Underage Drinking and Enhanced within the community to look at some of our events, Enforcement) Bill, which I fully support. I do not have especially those that are family-oriented, such as shows the benefit of having students coming into my office and school-type events. There is an opportunity within and working specifically on this legislation. I rely on the community for organisations and groups to set an my five children, three of whom are teenagers and example by making some of these events — such as the young adults. Through their network of friends I have Colac show — alcohol-free. When you look at the certainly addressed the issues that this bill addresses Colac show you find that it has grown in popularity. It and I want to talk about three of the five amendments is not as if the amount of people who are turning up has that are going through. been affected. In fact this year there were record numbers of entries in several categories. Firstly, there is the issue of making sure that we enhance the enforcement powers of the Victoria Police Another issue that concerns me in respect of this under the act. We are very happy to see that go through. legislation is the matter of vending machines. I wonder Secondly, there is the issue of increasing penalties for how much thought was put into a process that is going some of the offences; specifically those for assisting to allow vending machines on licensed premises. I feel someone else to falsely try and obtain a proof-of-age the issue in relation to tokens was something that was card. Lastly, there is the issue of increased fines for dreamed up at the last minute in response to criticism of people who buy alcohol for under-age drinkers. They the bill. When you look at the idea of issuing tokens to are key issues that are of great concern within my people to access vending machines, does this mean that community. at the beginning of the evening if someone decides they are starting to get a bit under the weather they go and What this bill does is address the issue of under-age buy six or eight tokens from across the bar. When you drinking. The Australian culture is one where the go into nightclubs and venues around the state and see consumption of alcohol is the norm. Unfortunately that how busy they get, you recognise that it would be is an issue when we look at the under-age drinking and absolutely impossible for someone who was serving risk-taking behaviours of young people. It also has an impact on our health system and on the burden of LIQUOR CONTROL REFORM (UNDERAGE DRINKING AND ENHANCED ENFORCEMENT) BILL

1506 ASSEMBLY Thursday, 11 November 2004 disease within our society; and the cost to communities House divided on question: across the board in terms of the increased level of risk-taking behaviour is exacerbated by the The DEPUTY SPEAKER — Order! I ask the consumption of alcohol by under-age people. In Crib Clerk to record the vote. Point, a township in my electorate, I saw the community galvanised for the first time in many years The Clerk — The member for Gippsland East? over an application for a licence for a new liquor outlet. Mr Ingram — No. The community and the young people were galvanised into action against that, and it is credit to them that they The Clerk — The member for Mildura? took the issue on board. Mr Savage — Yes. I want to pay tribute also to the Minister for Consumer Affairs in another place who has certainly progressed The Clerk — The Nationals Whip? these issues; and to all the staff and bureaucrats who have worked very hard on this very effective and Mr Maughan — Seven noes. progressive bill. It is about changing and breaking the The Clerk — The Opposition Whip? generational behaviour relating to the consumption of alcohol by under-age people. I know that people in the Mr Dixon — Sixteen individual noes. communities within the Hastings electorate support this bill because it is about providing the opportunity and The Clerk — The Government Whip? incentive, through financial penalties, to make sure that the behaviour of adults responsible for the dispensing of Mr Langdon — Fifty-eight ayes. liquor to under-age people is more regulated. I commend the bill to the house. Mr Savage — On a point of order, Deputy Speaker, I made an error in my vote, and I wish it to be changed. The ACTING SPEAKER (Ms Lindell) — Order! It should have been no. The time set down for the consideration of items on the government business program has arrived, and I am The DEPUTY SPEAKER — Order! I ask the required to put the usual questions. The question is: Clerk to record the changed vote.

That this bill be now read a second time. Ayes, 58 Allan, Ms Jenkins, Mr All those in favour say aye. Andrews, Mr Kosky, Ms Barker, Ms Langdon, Mr Honourable members — Aye. Batchelor, Mr Languiller, Mr Beard, Ms Leighton, Mr The ACTING SPEAKER (Ms Lindell) — All Beattie, Ms Lim, Mr those against say no. Bracks, Mr Lindell, Ms Brumby, Mr Lobato, Ms Buchanan, Ms Lockwood, Mr Honourable members — No. Cameron, Mr McTaggart, Ms Campbell, Ms Marshall, Ms The ACTING SPEAKER (Ms Lindell) — I think Carli, Mr Maxfield, Mr the ayes have it. Crutchfield, Mr Merlino, Mr D’Ambrosio, Ms Mildenhall, Mr The question now is: Delahunty, Ms Morand, Ms Donnellan, Mr Munt, Ms That this bill be now read a third a time. Duncan, Ms Nardella, Mr Eckstein, Ms Neville, Ms All those in favour say aye — — Garbutt, Ms Overington, Ms Gillett, Ms Pandazopoulos, Mr Green, Ms Perera, Mr Mr Perton — On a point of order, Acting Speaker, Hardman, Mr Pike, Ms please go back to the second-reading question, because Harkness, Mr Robinson, Mr I think you misunderstood the response. Helper, Mr Seitz, Mr Herbert, Mr Stensholt, Mr The ACTING SPEAKER (Ms Lindell) — Order! Holding, Mr Thwaites, Mr We will resubmit the second-reading question. The Howard, Mr Trezise, Mr Hudson, Mr Wilson, Mr question is: Hulls, Mr Wynne, Mr

That this bill be now read a second time. ELECTORAL LEGISLATION (AMENDMENT) BILL

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Noes, 25 Donnellan, Mr Munt, Ms Duncan, Ms Nardella, Mr Asher, Ms Mulder, Mr Eckstein, Ms Neville, Ms Baillieu, Mr Napthine, Dr Garbutt, Ms Overington, Ms Clark, Mr Perton, Mr Gillett, Ms Pandazopoulos, Mr Cooper, Mr Plowman, Mr Green, Ms Perera, Mr Delahunty, Mr Powell, Mrs Hardman, Mr Pike, Ms Dixon, Mr Ryan, Mr Harkness, Mr Robinson, Mr Doyle, Mr Savage, Mr Helper, Mr Savage, Mr Honeywood, Mr Shardey, Mrs Herbert, Mr Seitz, Mr Ingram, Mr Smith, Mr Holding, Mr Stensholt, Mr Jasper, Mr Sykes, Dr Howard, Mr Thwaites, Mr Kotsiras, Mr Thompson, Mr Hudson, Mr Trezise, Mr McIntosh, Mr Walsh, Mr Hulls, Mr Wilson, Mr Maughan, Mr Ingram, Mr Wynne, Mr

Question agreed to. Noes, 23 Read second time. Asher, Ms Mulder, Mr Baillieu, Mr Napthine, Dr Clark, Mr Perton, Mr Remaining stages Cooper, Mr Plowman, Mr Delahunty, Mr Powell, Mrs Passed remaining stages. Dixon, Mr Ryan, Mr Doyle, Mr Shardey, Mrs Honeywood, Mr Smith, Mr ELECTORAL LEGISLATION Jasper, Mr Sykes, Dr Kotsiras, Mr Thompson, Mr (AMENDMENT) BILL McIntosh, Mr Walsh, Mr Maughan, Mr Second reading Amendment defeated. Debate resumed from earlier this day; motion of Mr HULLS (Attorney-General); and House divided on motion: Mr McINTOSH’s amendment: Ayes, 60 That all the words after ‘That’ be omitted with the view of Allan, Ms Jenkins, Mr inserting in their place the words ‘this house refuses to read Andrews, Mr Kosky, Ms this bill a second time until the government confers with all Barker, Ms Langdon, Mr political parties, independent members of Parliament, and Batchelor, Mr Languiller, Mr other persons interested in the electoral process with a view to Beard, Ms Leighton, Mr developing an acceptable model by which the Electoral Beattie, Ms Lim, Mr Boundaries Commission conducts redistributions, without Bracks, Mr Lindell, Ms entrenching mechanical provisions into the Constitution Act Brumby, Mr Lobato, Ms 1975 in a way that makes it difficult to adapt to future Buchanan, Ms Lockwood, Mr changes of circumstance, or to correct errors or unforeseen Cameron, Mr McTaggart, Ms consequences’. Campbell, Ms Marshall, Ms Carli, Mr Maxfield, Mr House divided on omission (members in favour vote Crutchfield, Mr Merlino, Mr no): D’Ambrosio, Ms Mildenhall, Mr Delahunty, Ms Morand, Ms Ayes, 60 Donnellan, Mr Munt, Ms Allan, Ms Jenkins, Mr Duncan, Ms Nardella, Mr Andrews, Mr Kosky, Ms Eckstein, Ms Neville, Ms Barker, Ms Langdon, Mr Garbutt, Ms Overington, Ms Batchelor, Mr Languiller, Mr Gillett, Ms Pandazopoulos, Mr Beard, Ms Leighton, Mr Green, Ms Perera, Mr Beattie, Ms Lim, Mr Hardman, Mr Pike, Ms Bracks, Mr Lindell, Ms Harkness, Mr Robinson, Mr Brumby, Mr Lobato, Ms Helper, Mr Savage, Mr Buchanan, Ms Lockwood, Mr Herbert, Mr Seitz, Mr Cameron, Mr McTaggart, Ms Holding, Mr Stensholt, Mr Campbell, Ms Marshall, Ms Howard, Mr Thwaites, Mr Carli, Mr Maxfield, Mr Hudson, Mr Trezise, Mr Crutchfield, Mr Merlino, Mr Hulls, Mr Wilson, Mr D’Ambrosio, Ms Mildenhall, Mr Ingram, Mr Wynne, Mr Delahunty, Ms Morand, Ms ELECTRICITY INDUSTRY (WIND ENERGY DEVELOPMENT) BILL

1508 ASSEMBLY Thursday, 11 November 2004

Noes, 23 Helper, Mr Seitz, Mr Herbert, Mr Stensholt, Mr Asher, Ms Mulder, Mr Holding, Mr Thwaites, Mr Baillieu, Mr Napthine, Dr Howard, Mr Trezise, Mr Clark, Mr Perton, Mr Hudson, Mr Wilson, Mr Cooper, Mr Plowman, Mr Hulls, Mr Wynne, Mr Delahunty, Mr Powell, Mrs Ingram, Mr Dixon, Mr Ryan, Mr

Doyle, Mr Shardey, Mrs Honeywood, Mr Smith, Mr Noes, 24 Jasper, Mr Sykes, Dr Asher, Ms Mulder, Mr Kotsiras, Mr Thompson, Mr Baillieu, Mr Napthine, Dr McIntosh, Mr Walsh, Mr Clark, Mr Perton, Mr Maughan, Mr Cooper, Mr Plowman, Mr Delahunty, Mr Powell, Mrs Motion agreed to. Dixon, Mr Ryan, Mr Doyle, Mr Savage, Mr Read second time. Honeywood, Mr Shardey, Mrs Jasper, Mr Smith, Mr Kotsiras, Mr Sykes, Dr Remaining stages McIntosh, Mr Thompson, Mr Maughan, Mr Walsh, Mr Passed remaining stages. Question agreed to.

ELECTRICITY INDUSTRY (WIND Read second time. ENERGY DEVELOPMENT) BILL Circulated amendments Second reading Circulated government amendments as follows Debate resumed from earlier this day; motion of agreed to: Mr BRUMBY (Treasurer). 1. Clause 3, page 3, after line 4 insert — The DEPUTY SPEAKER — Order! The question ‘ ”relevant generator” means — is: (a) a generation company; or That the bill be read a second time, that government amendments 1 to 7 inclusive be agreed to and that the bill be (b) a person engaging in the generation of read a third time. electricity for supply or sale that has been exempted under section 17 from the House divided on question: requirement to hold a licence in respect of that activity;” ’. Ayes, 59 Allan, Ms Jenkins, Mr 2. Clause 3, page 3, line 31, omit “generation company” Andrews, Mr Kosky, Ms and insert “relevant generator”. Barker, Ms Langdon, Mr Batchelor, Mr Languiller, Mr 3. Clause 3, page 3, line 34, omit “company” and insert Beard, Ms Leighton, Mr “generator”. Beattie, Ms Lim, Mr 4. Clause 3, page 4, line 6, omit “generation company” and Bracks, Mr Lindell, Ms insert “relevant generator”. Brumby, Mr Lobato, Ms Buchanan, Ms Lockwood, Mr 5. Clause 4, page 5, after line 31 insert — Cameron, Mr McTaggart, Ms Campbell, Ms Marshall, Ms ‘ ”relevant generator” means — Carli, Mr Maxfield, Mr Crutchfield, Mr Merlino, Mr (a) a generation company; or D’Ambrosio, Ms Mildenhall, Mr Delahunty, Ms Morand, Ms (b) a person engaging in the generation of Donnellan, Mr Munt, Ms electricity for supply or sale that has been Duncan, Ms Nardella, Mr exempted under section 17 from the Eckstein, Ms Neville, Ms requirement to hold a licence in respect of that Garbutt, Ms Overington, Ms activity;” ’. Gillett, Ms Pandazopoulos, Mr Green, Ms Perera, Mr 6. Clause 4, page 6, line 3, omit “generation company” and Hardman, Mr Pike, Ms insert “relevant generator”. Harkness, Mr Robinson, Mr FAIR TRADING (ENHANCED COMPLIANCE) BILL

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7. Clause 4, page 6, line 13, omit “generation company” amended provisions of the Trade Practices Act and insert “relevant generator”. regarding adverse publicity orders.

Remaining stages These powers will enable the courts, in appropriate Passed remaining stages. circumstances, to make orders such as requiring the institution of a fair trading compliance program, an accounting of moneys received from consumers, FAIR TRADING (ENHANCED refunds and the transfer of property, the honouring of COMPLIANCE) BILL promises contained in misleading, deceptive or false advertisements, and the publication of corrective Second reading advertisements and advertisements that acknowledge breaches of the law. Mr HULLS (Attorney-General) — I move: The bill expands the list of consumer acts to which That this bill be now read a second time. these and other enforcement and compliance provisions of the Fair Trading Act will extend to. A key element of the government’s consumer justice strategy in its 2002 election platform is to establish The bill also provides for a range of other amendments, better enforcement mechanisms to protect consumers. including the insertion of infringement notice capabilities in several acts, streamlining the process for The ministerial statement on Consumer Affairs made registering enforceable undertakings with the on 14 September 2004 demonstrated how the Bracks Magistrates Court, and enabling the director of government empowers consumers, works to ensure that Consumer Affairs Victoria to obtain information from the government delivers quality services to assist traders about their compliance with consumer consumers and makes markets work for the benefit of protection laws. all Victorians. As a complementary measure, the bill standardises and In dealing with strengthening compliance with streamlines the enforcement and compliance consumer protection laws, the statement noted that mechanisms in the various consumer acts. promoting such compliance is a core function of a consumer protection agency and that in an increasingly The second part of the consumer justice strategy is a sophisticated and global marketplace the challenge is to new, recently published, compliance and enforcement stay at the forefront of effective regulation. policy for Consumer Affairs Victoria setting out its objectives when responding to breaches of consumer The bill is the first part of the implementation of the protection laws, these objectives being to stop the consumer justice strategy. It will enable the government unlawful conduct, provide for compensation or other to re-orient enforcement of consumer protection redress for those affected by the conduct, ensure future legislation from reliance on criminal prosecutions to a compliance with the law, raise awareness of legislative greater reliance on civil and administrative requirements through publication of enforcement interventions. outcomes and the use of other compliance tools, and, The objective is a more decriminalised enforcement finally, to deter and, if necessary, punish wrongdoers. strategy under which compliance with consumer These objectives emphasise that enforcement is not just protection laws, particularly the Fair Trading Act, is about punishment. As the ministerial statement seen as a matter for all sectors of industry, not just the indicated, it should also be about promoting industry more extreme cases that warrant criminal prosecution. awareness of the law and the need for compliance, and To this end, the bill strengthens the Fair Trading Act, about being targeted, proportionate and cost effective, Victoria’s primary consumer protection law, and using such measures as education, warnings, provides for these improvements to apply to other enforceable undertakings and remedial injunctions, consumer acts listed in the schedule to the Fair Trading with prosecution as a final resort. Act. Other features of the bill include amendments to the The bill strengthens the Fair Trading Act by providing Sale of Land Act 1962 to allow genuine bids by for an expanded civil injunction power, consistent with co-vendors at public auctions without such bids having powers in other state and territory fair trading laws and to be made by the auctioneer; to the Estate Agents Act the Trade Practices Act, and by reproducing recently 1980 to remove the requirement for estate agents to report inadvertent trust account irregularities that are EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY BILL

1510 ASSEMBLY Thursday, 11 November 2004 corrected within two business days of their discovery services telecommunications under public sector and to give the director of Consumer Affairs Victoria a control. This was partly achieved with the formation of more streamlined capacity to require information and Emergency Communications Victoria (ECV) in 2002. documents for the purposes of monitoring compliance This process will be completed by the implementation with the act and conducting trust account audits. of ESTA.

The Credit (Administration) Act 1984 will be amended Emergency services telecommunications are a vital link to enable grants from the Consumer Credit Fund for the in the chain between the public and its emergency conduct of legal proceedings, which will allow the services organisations in an emergency. The government to run test cases. Members of the consumer establishment of ESTA will provide greater credit fund advisory committee will be able to be transparency and accountability. ESTA will have clear remunerated from the fund for their expanding work in statutory objectives to provide the vital emergency advising the government on the use of the fund. communications link between Victorians and the emergency services organisations, via a I commend the bill to the house. telecommunications network linking the essential operations of emergency services career and volunteer Debate adjourned on motion of Mr KOTSIRAS workers in the field. (Bulleen). ESTA’s key benefits Debate adjourned until Thursday, 25 November. The establishment of ESTA will ensure government provides a comprehensive, seamless and holistic EMERGENCY SERVICES network management approach to emergency services TELECOMMUNICATIONS AUTHORITY telecommunications. It will ensure an appropriate single BILL point of responsibility for the management of these services across government, by relieving the emergency Second reading services organisations of their legal duties for call Mr HULLS (Attorney-General) — I move: taking and dispatch, and concentrating these responsibilities in the new authority. That this bill be now read a second time. Given the complex and continuously evolving nature of The purpose of this bill is to establish a statutory emergency services telecommunications systems, it is authority to be known as the Emergency Services important that there be a single, integrated and Telecommunications Authority (ESTA). ESTA will authoritative point for the management of call-taking have the clear statutory duty and responsibility for the and dispatch and other emergency services provision of multi-agency emergency services telecommunications across government. By their telecommunications across Victoria. nature, such systems are multi-agency and involve significant costs. The background of emergency services telecommunications ESTA will fulfil this role, by managing a range of important new multi-agency emergency service The second-term Bracks government is committed to telecommunications technology developments. Key enhancing emergency services telecommunications by projects currently being developed will replace existing establishing an integrated statutory authority, with a ageing communications technologies, and provide clear legal responsibility for managing and providing opportunities for better integration of other important the state’s emergency services telecommunications emergency services, such as Rural Ambulance Victoria, system. into statewide emergency services telecommunications.

This commitment is in response to the 2001 Under this bill, ESTA and the emergency services Metropolitan Ambulance Service Royal Commission, organisations to which it provides services will be which made broad-ranging recommendations for the required to act in accordance with the following core reform of Victoria’s emergency service principles: telecommunications. One of the key issues highlighted was the need for revision of the existing service Service delivery to the Victorian community and to the delivery arrangements. In response, the government emergency service organisations; brought the core functions of multi-agency emergency EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY BILL

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A coordinated, integrated approach to emergency each of their individual requirements, and will enhance telecommunications and other communications services; communication between ESTA and the emergency Promotion of trust and open communication; and services organisations. The committee will perform an advisory function, and executive decision making will Openness, flexibility, and accountability in service remain the responsibility of the ESTA board. provision. The bill provides that the authority will be directly Partnership model replacing contractual model accountable to the Minister for Police and Emergency At present, Emergency Communications Victoria Services. As a statutory authority, ESTA will be subject provides services to the emergency services to an increased accountability and reporting regime. organisations by a complex contract. This excessively ESTA will be required to report to: legalistic model, whose origins can be traced back to Parliament via its annual report; the privatisation of this function in the 1990s, entrenches conflict rather than fostering cooperation, as the minister via its annual corporate planning well as leading to additional costs for the parties, and process; discouraging problem solving. the emergency service organisations in relation to its The introduction of ESTA will see this approach agreed performance standards; and to replaced by a partnership model between ESTA and the emergency services organisations. Contracts will be its own advisory committee to the board via monthly replaced by a memorandum of understanding (MOU). reports. The MOU will ensure that the parties have a clear understanding of their respective responsibilities and ESTA will also be required to comply with the accountabilities for the delivery of emergency services reporting requirements of the Financial Management telecommunications to the Victorian community. The Act 1994. MOU is currently being developed, and will be finalised before ESTA becomes operational in 2005, ESTA’s operations well before the Commonwealth Games in 2006. ESTA will be responsible for emergency Any future change or development in ESTA’s services telecommunications, including call taking and dispatch will occur through a formal process of consultation and related information transfer services for emergency between it and the emergency services organisations. services. Establishment of ESTA will also allow the progressive extension of the emergency ESTA governance communications network to other agencies as the need arises. The structure of the authority will build upon the strengths of the current ECV board. The bill provides As is currently the case with ECV, ESTA will initially that the composition of the authority will be skills provide these services to the following emergency based, and will include commercial, technical, legal, services organisations: operational, financial or functional expertise. It will broaden the board’s expertise, by including people with the Country Fire Authority; significant experience in the emergency services sector. the Metropolitan Ambulance Service; Authority members will be appointed by the Governor the Metropolitan Fire and Emergency Services in Council upon recommendation of the minister, who Board; will consult with the Minister for Health regarding the appointment of one member. This will ensure that the Victoria Police; ambulance services are adequately represented on the board. Victoria State Emergency Service.

The bill will further strengthen the new partnership The bill has been drafted to give ESTA the ability to model by legislating for an internal advisory committee expand its services in future, in an agreed, structured of ESTA, comprising all emergency services way. A need for an expansion may arise as a result of organisation representatives. This legislated committee the following: will provide a forum for the emergency services organisations to ensure that ESTA is fully aware of EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY BILL

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the emergence of new emergency service organisations. These standards will apply to the telecommunications technologies; provision of ESTA’s services to each emergency service organisation. the introduction of a new customer; or To ensure a smooth transition, ESTA’s initial additional requirements of an existing customer. performance standards will be consistent with those already being delivered by Emergency ESTA will need to seek approval for expansion via its Communications Victoria under its current contract. business planning process, and will need to consult with the emergency services organisations before seeking The performance standards setting, monitoring and approval. investigation regime will be strengthened and clarified. Changes to expand the standards setting and monitoring The bill gives other ministers who have an interest in and investigative powers of the Emergency Services ESTA a formal role at key points, by providing input Commissioner, coupled with the annual report into any substantive matters (e.g. the approval of the requirements applying to statutory authorities, will annual corporate plan, including the setting of annual further enhance the transparency of ESTA’s operations fees). compared to current arrangements.

ESTA’s role is to work in cooperation with other Investigation of ESTA’s performance emergency services organisations in relation to emergency telecommunications services. This will As a statutory authority, ESTA will be subject to three allow emergency service organisations to retain complementary public sector review frameworks: management of critical aspects of their own operations in the following way: non-financial performance — the Emergency Services Commissioner in the Department of Justice by being able to assess and vary their own will be responsible for assessing the effectiveness of operational standards (for example, in the case of the ESTA’s non-financial performance, from a public Metropolitan Ambulance Service, its own defined safety perspective. The Auditor-General will also clinical standards, patient requirements and its own continue to maintain the capacity to potentially call-taking and dispatch protocols); investigate issues dealing with non-financial performance; by retaining the right to manage their own resources; and financial performance — this function will continue to fall to the Auditor General; and by being able to assume direct control of communications in the event of specific incidents or public complaints — the Ombudsman and the emergencies. Emergency Services Commissioner will have the capacity to investigate individual complaints from The bill reflects this well-established and agreed the general public. division of responsibilities. The Emergency Services Commissioner plays an Arrangements for the provision of services important advisory role to government. Under the bill, The bill provides that ESTA, in consultation with the commissioner will be able to monitor and emergency services organisations, may determine an investigate the non-financial performance of ESTA. ‘appropriate administrative arrangement’ for the Such investigations will be initiated from either the provision of emergency telecommunications and other commissioner’s ‘own motion’; at the request of the communications services. minister; or at the request of an emergency services organisation to which ESTA provides services. The administrative arrangements will comprise a memorandum of understanding, which will set out the The bill provides that the commissioner’s monitoring relationship between ESTA and the emergency services and investigation powers are in respect of the provision organisations, and attached, agency-specific schedules of services by ESTA to emergency services containing performance standards. Qualitative and organisations. As a result of an investigation, the quantitative performance standards will be determined commissioner may make recommendations to the by the Emergency Services Commissioner in minister about any matter arising. consultation with ESTA and the emergency services CORRECTIONS AND MAJOR CRIME (INVESTIGATIVE POWERS) ACTS (AMENDMENT) BILL

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The bill will not, however, empower the Emergency CORRECTIONS AND MAJOR CRIME Services Commissioner to monitor or investigate the (INVESTIGATIVE POWERS) ACTS activities of emergency services organisations such as (AMENDMENT) BILL the Metropolitan Ambulance Service, Rural Ambulance Victoria, or Victoria Police in relation to their own Second reading emergency response activities. Mr HULLS (Attorney-General) — I move: Any issues concerning the adequacy of these agencies’ services can be readily addressed through these That this bill be now read a second time. agencies’ own established internal monitoring This bill will amend the Corrections Act 1986 to processes, coupled with the Ombudsman’s existing provide the Secretary to the Department of Justice with external investigation powers. a new power to prevent prisoners in his or her custody Funding from changing their names for improper purposes. The bill also amends the Major Crime (Investigative ESTA will be funded by contributions from the Powers) Bill 2004, introduced into Parliament earlier emergency service organisations. This will provide this session, to clarify a number of provisions in funding stability, enabling ESTA to deliver its base line relation to video recording of attendances to the level of functionality. By directly funding ESTA, director, police integrity, complaints arrangements and emergency services organisations will be encouraged to the delegation of functions for the chief examiner and effectively prioritise their needs. This model will also special investigations monitor. help to contain the costs of emergency services telecommunications, by imposing a discipline on the Currently, a prisoner can apply to the registrar of births, sector in relation to further expansions in service deaths and marriages to change his or her name in the demand and cost. same way as other persons. However, a prisoner’s name change may give rise to serious concerns that do The bill enables ESTA to determine a fee to be charged not arise in the case of name changes by other members for the provision of its core services, which must be of the community. approved by the minister. Consistent with the cooperative framework on which ESTA is based, in A prisoner’s name change may be offensive to victims determining fees for its core services, ESTA will be of crime and their families and may give rise to safety required to consult with the relevant emergency and security problems in administering a prison. These services organisation. Provisions in the bill in relation issues were highlighted recently when a high profile to fees for core services promote openness and prisoner serving a sentence for serious offences against accountability by requiring ESTA to specify the women indicated that he would apply to the registrar of method by which fees are determined. births, deaths and marriages to change his name to a female name. Such a name change is likely to offend Conclusion victims, their families and other members of the community. It is envisaged that the governance arrangements and broad structure provided by the bill will enable ESTA The bill seeks to address this issue by subjecting to function optimally as an integrated statutory prisoners’ name change applications to the scrutiny of authority. the Secretary to the Department of Justice, and providing the secretary with an appropriate power to The implementation of ESTA represents a significant prevent a prisoner from making an application to step forward for the Victorian community in the critical change his or her name. area of multi-agency emergency services telecommunications. The secretary will be able to approve a prisoner’s application for a change of name if the prisoner satisfies I commend the bill to the house. him or her that the change of name is necessary or reasonable. An example of this may be if a prisoner Debate adjourned on motion of Mr PERTON wishes to adopt a new name for religious or cultural (Doncaster). reasons.

Debate adjourned until Thursday, 25 November. Even if a prisoner makes a strong case for a change of name, the secretary must refuse a name change in specified circumstances. These are if the secretary ADJOURNMENT

1514 ASSEMBLY Thursday, 11 November 2004 considers that the proposed name change would be The bill also amends the Major Crime (Investigative reasonably likely to: Powers) Bill 2004 to clarify the video recording of attendances by witnesses on the director, police be a threat to prison security; integrity. The bill currently provides that all attendances will be videorecorded. This bill refines those jeopardise a prisoner’s safe custody and welfare; requirements to provide that video recording will only be used to further an unlawful activity or purpose; or proceed in circumstances where a person attends in response to a summons, or is required to be sworn or be offensive to a victim of crime or an appreciable answer a question, or where the director, police section of the community. integrity, issues a certificate requiring a person to provide information, or produce documents or things, to The Victorian registrar of births, deaths and marriages the director, police integrity. will be able to proceed to register a prisoner’s change of name only if he or she has received a copy of the This bill also clarifies that anyone compelled to comply secretary’s approval. In the event that a prisoner’s with a witness summons in relation to the chief change of name is inadvertently registered without the examiner, whether he or she is required to answer secretary’s approval, the Victorian registrar will be questions or provide documents or things, is able to empowered to correct the register. This could occur, for complain to the special investigations monitor. The example, if a prisoner fails to obtain the secretary’s delegation of functions of the chief examiner and the approval for a name change and deliberately conceals special investigations monitor are also clarified. This the fact that he or she is a prisoner when applying for a bill also makes a number of statute law revisions to the name change. Major Crime (Investigative Powers) Bill 2004.

It will be an offence for a prisoner, or a person on his or I commend the bill to the house. her behalf, to apply for a name change without the secretary’s approval. This is intended to deter those Debate adjourned on motion of Mr McINTOSH who would seek to circumvent the new requirements (Kew). contained in the bill. Debate adjourned until Thursday, 25 November.

The bill will also clarify the existing power of prison Remaining business postponed on motion of authorities in section 47D of the Corrections Act 1986 Mr HULLS (Attorney-General). to stop or censor a prisoner’s mail if it is threatening or harassing or in other specified circumstances. That power was intended to allow mail to be stopped or ADJOURNMENT censored before it leaves a prison. However, the wording of that section appears to refer to mail that has The ACTING SPEAKER (Mr Kotsiras) — already been sent. The proposed amendments will Order! The question is: clarify that the power in that section applies to mail that is yet to be sent by a prisoner, as was originally That the house do now adjourn. intended. Education and Training: executive salaries This power to stop or censor prisoners’ mail will also Mr PERTON (Doncaster) — The matter I raise is be extended to enable prison authorities to stop mail for the Minister for Education and Training. Acting that contains a name change application that is made Speaker, you will recall that last year the minister without the secretary’s approval. This will provide caused the termination of some hundreds of public prison authorities with an effective power to prevent servants to ‘add value to schools’. unauthorised name change applications from being sent to the registrar of births, deaths and marriages. This year this minister has doled out $1.5 million in performance bonuses to 79 education executives. At a Together, the proposed amendments will provide a time when literacy rates remain unacceptably low, tough new regime to prevent prisoners from changing when levels of violence in Victorian state schools their names for improper purposes. This regime will remain unacceptably high and WorkCover claims enable prisoners to change their names for legitimate against the department are at record levels, the minister reasons, while safeguarding the interests of victims and must explain what her bureaucrats actually did to the need to ensure prison security. ADJOURNMENT

Thursday, 11 November 2004 ASSEMBLY 1515 deserve these performance bonuses at the expense of The ACTING SPEAKER (Mr Kotsiras) — Victorian state schools. Order! The member’s time has expired. Official figures show that last year each and every Exports: Ear Associates Pty Ltd employee in the Department of Education and Training managed to produce an average of 225 kilograms of Mr JENKINS (Morwell) — The matter I raise is for waste. Beyond all this waste production, most school the Minister for Manufacturing and Export. The action I principals and teachers find what DET officials do for seek is that the minister provide some Victorian the rest of the day to be a bit of a mystery. One thing government support to assist Ear Associates Pty Ltd to that is quite clear is that whatever they do they are very expand its export markets for its hearing care survey well paid for doing it. Almost half the education systems. Traralgon-based Ear Associates is a company department’s executives earn fat cat salaries in excess founded by hearing practitioners that provides a of $150 000, with one sitting very happily on more than monitoring and reporting service to the audiology $300 000 a year. Under the Minister for Education and industry, including hearing care practitioners and Training the number of highly paid executives has device manufacturers. Through its copyrighted trebled since 2001. In 2001 there were 10 DET EARtrak survey and processes the company collects executives on salaries of $150 000 or more; in 2002 this and analyses feedback from recipients of hearing blew out to 23; and in 2004 there are 34 highly devices. rewarded fat cats on more than $150 000 a year. In addition to their base pay each of them received an In March the company attended the American average bonus payment of more than $20 000. The Academy of Audiology trade show. It identified a high question is: what is the performance they are being level of interest in its product from the European rewarded for? hearing care professionals and device manufacturers and is looking to expand its export market into Europe The action I ask the minister to take is to table or and the United Kingdom. My area in the Latrobe publish documents in this house showing who received Valley has been keen to assist development of new the bonuses, what they received the bonuses for and industries and is looking for support from the Bracks what the criteria was for paying the bonuses. The government in a way that we were unable to get support performance that they are being rewarded for clearly under previous governments. In particular under the cannot be in literacy — reading or writing. In the Kennett government we were unable to get support for annual report it is admitted that one in five year 10 new and emerging industry in regional Victoria — an students cannot read and one in five cannot write. But area which was treated, as members know, as the that is okay — that is the department’s target. It is not toenails of the state by the previous government. I ask in job training. the Minister for Manufacturing and Export to again demonstrate what he can do to assist regional industry, The Bracks government’s showpiece Victorian in particular the EARtrak processes of Ear Associates certificate of applied learning had a 50 per cent fail rate, in the Latrobe Valley. with fewer students making the grade than last year. The performance is not in safety or teacher conditions. Housing: Shepparton WorkCover hit the education department with 208 improvement and 25 prohibition notices. That is a Mrs POWELL (Shepparton) — I raise an issue 257 per cent increase on the previous year’s rate. The with the Minister for Housing. The issue is the severe average WorkCover payout is up and claims for teacher lack of public housing and emergency housing in the stress make up one-fifth of those claims. It is not in Shepparton district. The action I seek is for the minister improving public confidence in state schools. The to use the money that is already committed for public percentage of students in state schools has declined housing in Shepparton to buy or build more public every year that the Bracks government has been in housing stock. power. In May 1999 a former Minister for Housing, Ann Mr Nardella — You hate state schools! Henderson, announced the much-needed redevelopment of the public housing Parkside estate in Mr PERTON — The member for Melton Shepparton and invited me to chair an advisory challenges me in respect of state schools. The Liberal committee. Members of the committee worked hard Party believes every Victorian student should be in a and prepared a redevelopment report. high-performing school. While he continues to protect low performance, he should stand condemned. ADJOURNMENT

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With the change of government in 1999, I wrote to the is an ongoing issue in my office. In the last week I have new Minister for Housing, Bronwyn Pike. On 8 August had three different families in my office, some with 2000 the minister accepted the committee’s report and children and some without. They have been to the recommendations, thanked the members of the Office of Housing, but they cannot get onto the waiting committee for their work and myself as chairman and list. We send them to Pathways and to the Rural announced funding of $5.3 million to be spent over Housing Network. They are told there is no emergency three years. I was given a promise by the minister that housing and they are put into caravans. I ask the there would be no loss of public housing in the minister to spend the money already promised and Shepparton area as a result of the Parkside estate alleviate the public housing crisis in the Shepparton redevelopment. district. A media release the minister sent out on Wednesday, Consumer affairs: Patterson Lakes subdivision 9 August 2000, headed ‘Go-ahead for Parkside estate redevelopment project’, says in part: Ms LINDELL (Carrum) — I have an issue that I ask the Minister for Consumer Affairs in the other place Area improvement works to provide more appropriate to address. This body corporate issue relates to a housing to meet the needs of single parents and families will proceed over the next three years, and advisory committee 65-apartment subdivision known as Pier 9, at recommendations will be used as a framework … 117 McLeod Road, Patterson Lakes. The developer and vendor of the lots at Pier 9 inserted clause 13 in the … original purchase contract. The clause awarded the I look forward to seeing an improvement in the housing developer all the proxy votes of all the first purchasers environment and a revitalised area over the coming years. of the lots at Pier 9 in perpetuity for as long as the Importantly, there will be no loss of public housing in the developer owned any lots at Pier 9. Currently the Shepparton area as a result of this development … developer owns four car spaces and 10 storage cages. A … representative of a group of residents who live at Pier 9 The Parkside advisory committee, chaired by the Honourable came to see me. She asserts that clause 13 is actually Jeanette Powell, MP, included representatives from tenants, illegal under the Trade Practices Act and contravenes the City of Greater Shepparton, and government and the body corporate subdivision regulations regarding community agencies. Ms Pike thanked Ms Powell and proxies. committee members for their hard work and extensive community consultation in formulating an appropriate redevelopment plan. I ask the minister to address this issue as well as another matter that arises in the same contracts. The developer, Since that time, which was four years ago, another who we now know has control of most of the proxies of committee has been established. The current Minister the body corporate, established a body corporate for Housing, Candy Broad, came to Shepparton last management subsidiary of the original development year and announced further funding of $12 million over company and installed that new company as the body eight years. We have already waited four years and corporate manager at a fee solely at the discretion of the there has still been very little development at the original developer and renewable at the discretion of Parkside estate. About 64 public housing units sat the developer for a period of up to 25 years. vacant for over 12 months and they were badly vandalised. I raised the issue in here a number of times Once again, it is asserted that this management contract and finally those units have been demolished. infringes part 2B, unfair terms in consumer contracts, of the Fair Trading Act. There is evidence that has been So $5.3 million has been sitting on the table since 2000. given to me that refers to a failure by the management The waiting list for people wanting public housing has company to perform the duties as listed under the risen in the last 18 months, but I am pleased to note that management contract in a proper and professional there was a reduction this quarter. The waiting list for manner. I request the minister to have a look at this, to June was 403 applicants and the transfer list had 94 on expedite the review of the body corporate regulations it. The recent figures, for September, were 328 on the and to make sure that bodies corporate and consumers waiting list and 78 on the transfer list. So in Shepparton are protected in any review. I would like to be able to there are 400 applicants waiting to be housed look at the functions and jurisdiction of Victorian Civil appropriately. and Administrative Tribunal to make sure it includes bodies corporate — — I understand that the Office of Housing has acquired three properties and will acquire a further 84 properties The ACTING SPEAKER (Mr Kotsiras) — to replace stock removed from the Parkside estate. This Order! The honourable member’s time has expired. ADJOURNMENT

Thursday, 11 November 2004 ASSEMBLY 1517

Wind farms: Naroghid community and the Bacchus Marsh community even safer. Mr MULDER (Polwarth) — The issue I wish to raise is for the Minister for Planning and concerns a In particular I urge the minister to continue to make proposed wind farm at Naroghid in western Victoria. I appropriate resources and powers available to Victoria understand the proposal is for 22 towers in all, 5 of Police, to continue with the recruitment of which have the potential to be in the direct flight path of 1400 additional police officers and to encourage the planes wishing to take off from the Cobden airstrip. continuation and development of new and innovative programs such as the local priority policing program, According to the developers, in addition there is a which has been quite successful in my local possibility of lights being fitted to the top of the community. 135-metre-high turbines, which would cause great confusion to pilots, particularly in bad weather In urging that these measures be continued I note that conditions. Lights on top of turbines and lights on the since coming to office the government has delivered airstrip are not a good mixture. As it currently stands over 1000 additional police officers, reversing the the Cobden Airport accommodates the regional air decline in police numbers that took place under the ambulance service. Given the importance of this previous Liberal government, provided Victoria Police operation the Corangamite Shire Council recently with the highest ever budget of $1.3 billion and lodged an application with Regional Development undertaken the largest ever police station construction Victoria for a grant to upgrade the airstrip, which would program with the building of 135 police stations at a not only improve the facility for the air ambulance but total cost of $280 million. The combination of these provide for larger planes to use the airport. government policies and the efforts of local police has been incredibly successful in bringing down the crime To have large turbines in such proximity to the airport rate in this area. The two police stations in my would not seem to be a good mix of activities and at electorate are at Melton and Bacchus Marsh. Bacchus best would severely restrict the capacity of the airport. Marsh benefited from the government’s unprecedented The Corangamite Shire Council has commissioned a police station construction program with a new report to be undertaken into the impact of the proposed $4 million, 24-hour police station, which the minister Naroghid wind farm on the airport, and I urge the officially opened earlier this year. minister to defer any decision on this project until all the relevant information is at hand. Since the Bracks government came to office the number of uniformed officers at Melton has increased We know that the Nirranda wind farm has now been by over 30 per cent and the number of uniformed abandoned due to community protest, that a second at officers at Bacchus Marsh has nearly tripled. These Nirranda South has been scrapped and that the increases allow proactive community policing strategies proposed Bald Hills wind farm is attracting strong that are directed at reducing crimes such as theft. This opposition. Admittedly this project will not be on the type of effort has led to significant decreases in all theft coastline; however, there are different concerns at categories in the municipality of Melton. The theft of Naroghid, predominantly those of safety and the motor vehicles is down by 18 per cent, theft and shop restricted capacity of the airport. stealing has dropped by over 50 per cent and the theft of bicycles has decreased by over 33 per cent. The need I therefore ask the minister to ensure that these concerns to continue these polices and programs is borne out by are listened to and that the future envisaged for Cobden the overall drop in the crime rate in recent years in my Airport by the Corangamite shire is taken into account electorate. The latest figures show that in the in the final decision on the Naroghid wind farm. municipality of Melton there has been a drop in the crime rate of 21.7 per cent — and this is on top of the Police: Melton 9.4 per cent decrease in 2002–03. Mr NARDELLA (Melton) — The action I seek We have also been working in my local area with Chief from the Minister for Police and Emergency Services is Inspector Shane Dowling. He has reorganised the safety to continue to pursue policies that have successfully committee and has been working to reduce antisocial reduced the crime rate in Victoria since 1999 and made behaviour within Melton. He has given his members Victoria the safest state in Australia, especially within the task of getting rid of hoons and illegal lights and the state seat of Melton. The continuation of these fittings on cars in Melton. We also went on a bus trip policies will ensure that we remain the safest state in with the Melton Council Shire Council. We are the country, and we will all assist in making the Melton working in partnership with the council to reduce ADJOURNMENT

1518 ASSEMBLY Thursday, 11 November 2004 crime, and it has passed some local laws to assist in problem is addressed and that we put the respect that is that. The chief inspector is doing a fantastic job, as are duly deserved back into the public housing stock. all the police the Melton electorate. Woodend: children’s centre Housing: Gippsland East tenants Ms DUNCAN (Macedon) — The matter I raise is Mr INGRAM (Gippsland East) — I direct my issue for the attention of the Minister for Community to the minister at the table for the attention of the Services. I ask the minister to favourably consider a Minister for Housing in the other place. The action I joint proposal which is currently before her from the seek is for the minister to direct the Department of Macedon Ranges Shire Council and the Cobaw Human Services to ensure that tenancy agreements are Community Health Service for a new children’s centre adhered to throughout my electorate in Gippsland East. at the Five Mile Creek community centre in Woodend. I have spoken to the member for Shepparton, and what The proposed centre would have a strong focus on I am requesting would be along the lines of the prevention, early intervention and the provision of recommendations made by an advisory committee of family support. That is exactly the focus that the Bracks which the member for Shepparton is a member. The government is very keen to promote and support. recommendations were to have a three strikes and you are out policy for tenants who continually breach public I know the minister has a strong commitment to housing tenancy agreements. providing accessible and affordable services to young children. The minister and the government are aware As a member of Parliament one of the issues that I and that the provision of these sorts of children’s services my office have to deal with most regularly is public needs to be adaptable to the needs of particular areas housing disputes. There have been some very and the needs of the modern family. It really is a case of disappointing recent examples that have received some one size not fitting all. Communities need to develop public exposure, one of which was in my electorate. I the sorts of proposals that will meet their needs, and I will use one example that recently came to my office. believe this proposal does that. There is strong growth The neighbours of a public housing tenant came to my in this part of Macedon, with families with young office, one of whom was an extremely elderly lady. She children moving into the area. We need to ensure that came to complain that for a number of years the tenants our services continue to grow to meet this increasing in this house have continued to harass, terrorise and need, particularly in the areas of early intervention threaten her peaceful enjoyment of her property. services for children with disabilities and developmental delays, and general family support She has continually complained to the police and the services. We know there is a lot of work to be done in Department of Human Services, but nothing has been these areas. done. A number of youths live in the garage at the back and are regular visitors. They climb over the fence at all The proposed centre will provide specialist support to hours of the night and day and use this lady’s front and the local kindergarten, which is virtually next door. It backyard as thoroughfares to access their property. will also bring together under the one roof a fabulous When this elderly lady has complained, the police have range of services such as maternal and child health, advised her that in no way should she approach these early intervention, family support, parenting support youths, because they are violent, but that they will not and education, child-care, a toy library and a range of take action. The police have fined these youths for neighbourhood house programs. It is a model which I antisocial behaviour on a number of occasions, but they believe really fits in with the government’s policy of never have to pay because they do not have the money. bringing services together so that they are easier for This dispute has been going on for a number of years. local people to get to and use.

We have many issues along these lines. I must point out There are significant pockets of disadvantage in my that these are among the minority of public housing community, and I am proud that the community has tenants. The majority look after their premises, are very come together to do something positive to address the respectful of their neighbours and do everything in their issues which confront it. I would like to congratulate power to ensure that they are respected in the the Macedon Ranges Shire Council and the Cobaw community. However, there is a stigma associated with Community Health Service for their collaboration and public housing in areas like mine because of the innovation in putting together this proposal. The behaviour of a small number of individuals. It is proposal is consistent with the government’s essential that the minister take action to ensure that this commitment to the development of integrated ADJOURNMENT

Thursday, 11 November 2004 ASSEMBLY 1519 children’s services, and I call on the Minister for cost increases and uncertainties in finding another way Community Services to give serious consideration to it. of carrying out that dredging. Port of Melbourne Corporation: dredging The third concern is that the PMC entered into the contract alliance agreement with Boskalis at far too early a stage in the process, meaning that there has been no Mr CLARK (Box Hill) — I raise with the Treasurer competitive tension in either carrying out the necessary concerns about the way in which the Port of Melbourne research on and development of the detailed technical Corporation (PMC) has selected and engaged the proposals for the dredging or developing the principal contractor to carry out the proposed Port benchmarks against which the gain-sharing under the Phillip Bay channel deepening. I ask the Treasurer to alliance is to operate. This leaves the PMC heavily refer this matter to his department for investigation and dependent on the one contractor for developing a to take any remedial action that is possible at this stage. workable solution and for the price which it will end up paying. In other words, the PMC put all its eggs in one I understand that in June 2003 the PMC’s predecessor, basket before it knew whether the basket would hold the Victorian Channels Authority, privately invited six those eggs or whether it was paying a fair price for the international dredging contractors to submit formal basket. In contrast I understand that the practice at the expressions of interest on entering into an alliance commonwealth level in complex defence contracts is to agreement for the project. Invitees were provided by let two parallel and competitive contracts for risk PMC with a project brief on the basis of which they reduction studies so that the bidding parties confirm were required to make submissions. Upon receipt of the their methodologies, prepare detailed designs and submissions the PMC selected three contractors for provide firm costings and risk matrices. Indeed, a interview in December 2003, from whom two were similar policy of maintaining competitive tension has short-listed. In July 2004 the PMC and Boskalis generally been followed in Victoria since the time of Australia Pty Ltd entered into a formal alliance the Kennett government, including most recently with agreement. the Mitcham–Frankston tollway contract. There are three main concerns. The first is that the Eastern Access Community Health: children’s PMC chose to eliminate from consideration all centre tenderers who proposed to use a form of dredging known as cutter suction dredging (CSD) at the entrance Mr LOCKWOOD (Bayswater) — The matter I to Port Phillip Bay. This appears to have been because raise is for the Minister for Community Services, and the PMC had specified in the project brief that all the action I seek is that the minister assist with funding dredging operations had to be carried out with no a new children’s centre for the Eastern Access restriction to shipping, which it considered was not Community Health organisation in Ringwood. EACH possible using CSD. However, from evidence given to delivers an integrated range of community health, the environment effects statement panel hearings it is counselling, disability and mental health support now apparent that the PMC is prepared to allow the services. EACH works in partnership with the widening of the channel at the entrance to community to improve the physical, mental and social accommodate both dredging and commercial shipping wellbeing of individuals, families and communities in operations in a way that, had it been permitted Melbourne’s east. It provides programs and services not originally, would have allowed tenderers wanting to use just in my electorate of Bayswater but across much of CSD to remain in consideration. the outer eastern region. EACH is developing plans to upgrade its Patterson Street centre to allow for the Not only does this raise issues of due process, but the provision of valuable, additional early childhood premature elimination of CSD tenderers means that the services. These services will be integral to the PMC has committed itself to a contractor which Ringwood area but will be available to people across proposes to use a form of dredging at the entrance the east. A complete redevelopment of the site is known as trailer suction hopper dredging. This form of needed in order to adequately provide these services. dredging, as the name implies, relies heavily on suction. Industry sources consider it highly innovative to During discussions I have had with the chief executive attempt to use this form of dredging on the rock that officer of EACH I have been shown the plans for the makes up much of the entrance to the bay. There is a much-needed redevelopment of the site. I have said I considerable risk that this technique may prove in will be proud to place my support behind their vision practice not to work successfully, with resultant delays, and the plans for the redevelopment of those facilities, and I fully support their request for funding from the ADJOURNMENT

1520 ASSEMBLY Thursday, 11 November 2004

Department of Human Services. I support this plan able to inform the member for Morwell and other because it is part of my role as a local member to listen honourable members that the Victorian government has to the community’s needs and concerns, and a great provided Ear Associates with an Opening Doors to service is already being provided. It is also the role of a Export grant of $10 000. That grant assisted the local member to be proactive and to deliver tangible company to attend the European Union of Hearing Care results for their community. The centre will provide Professionals trade show in Germany last month. services such as long day care, special needs child-care, early childhood intervention programs, speech therapy While in Europe the company also took the opportunity and childhood psychology. I believe strongly in the to meet with representatives from the leading players in need for the government to assist with some funding of the hearing care industry in Europe, including device the Patterson Street site, and I will push this cause at manufacturers Siemens Hearing Instruments, Bernafon, every opportunity. Phonak and Widex and the leading professional association, the Bundesinnung in Germany, GN Support for children is vitally important, and support Resound in Denmark and Hidden Hearing and for children with special needs will allow these children Amplivox in the United Kingdom. As a result of this to take their rightful place in society, with their needs Ear Associates is now in negotiations with several of overcome or fully supported. It is every child’s right to these major players to pilot the EARtrak system in the have an education and every child’s right to be given European market. This is good news for Victoria. It the love and support they need to overcome any demonstrates that Ear Associates is the leading provider disadvantage they may start life with. EACH provides a of benchmarking services to the hearing care industry broad range of services in primary health care, in the world. I wish the company well in the future as it disability services, community mental health and seeks to market this product overseas. Again I thank the specialist regional counselling. member for Morwell for raising this in the chamber this afternoon. The early childhood team works with families with complex needs who might find accessing services The DEPUTY SPEAKER — Order! The minister difficult without support. It provides assessment, at the table, responding to matters raised by the member therapy, education and family support. This program is for Doncaster for the Minister for Education and for children from birth to school entry who have a delay Training; the members for Shepparton and Gippsland in two or more areas of their development. The team East for the Minister for Housing in another place; the provides assessment for children below school age, member for Carrum for the Minister for Consumer developmental education, therapy and family support Affairs in another place; the member for Polwarth for both individually and in small groups, centre-based the Minister for Planning; the member for Melton for programs, home programs and support in preschools the Minister for Police and Emergency Services; the and child-care programs. These programs focus on member for Macedon for the Minister for Community attention and listening skills, behaviour control and Services; the member for Box Hill for the Treasurer; management, communication and language, self-care and the member for Bayswater for the Minister for and independence, and social and play skills. I am sure Community Services. that with the redevelopment this will be an even more valuable service to the outer east and the municipalities Mr HOLDING (Minister for Manufacturing and of Maroondah and Knox. Export) — I will draw the various matters raised by honourable members to the ministers for their attention Responses and advise them to respond directly to the members.

Mr HOLDING (Minister for Manufacturing and The DEPUTY SPEAKER — Order! The house is Export) — I would like to thank the member for now adjourned. Morwell for raising what is a very important matter — the way in which the Victorian government can support House adjourned 5.09 p.m. an innovative organisation in the Traralgon area which is doing exciting things, and that is Ear Associates Pty Ltd. Ear Associates is the only independent provider of an audiology review and survey system in Australia. We are very pleased to see the company take that capability and market it overseas. Its EARtrak system is the only system of its type anywhere in the world. To support its export push into Europe, I am pleased to be MEMBERS INDEX

9, 10 and 11 November 2004 ASSEMBLY i

BEATTIE, Ms (Yuroke) MEMBERS INDEX Points of order, 1387

Questions without notice ALLAN, Ms (Bendigo East) (Minister for Education Services and Go for Your Life campaign, 1393 Minister for Employment and Youth Affairs)

Adjournment BRACKS, Mr (Williamstown) (Premier and Minister for Responses, 1466 Multicultural Affairs)

Members statements Address by mayor of Ballarat Sam Baker, 1471 Ballarat Reform League Charter, 1487

Bills ASHER, Ms (Brighton) Public Administration Bill, 1469

Bills Condolences Liquor Control Reform (Underage Drinking and Enhanced Hon. Marie Therese Tehan, 1337 Enforcement) Bill, 1501 Distinguished visitors, 1397 Members statements Major projects: performance, 1364 Ministerial statement Honouring and Supporting Victorian Veterans, 1397 Questions without notice Melbourne showgrounds: redevelopment, 1394, 1489, 1491 Questions without notice Go for Your Life campaign, 1392 Statements on reports Rural Ambulance Victoria: computer-aided dispatch system, 1392 Public Accounts and Estimates Committee: budget outcomes Sailing: International 470 World Championships, 1490 2002–03 and 2003–04, 1388 Water: free trade agreement, 1395

BAILLIEU, Mr (Hawthorn) BRUMBY, Mr (Broadmeadows) (Treasurer, Minister for Bills Innovation and Minister for State and Regional Development)

Electricity Industry (Wind Energy Development) Bill, 1484 Questions without notice Condolences Victorian Competition and Efficiency Commission: building industry, 1396 Hon. Marie Therese Tehan, 1349 Wine industry: performance, 1495

BARKER, Ms (Oakleigh) BUCHANAN, Ms (Hastings) Bills Bills Teaching Service (Conduct and Performance) Bill, 1411 Electricity Industry (Wind Energy Development) Bill, 1481 Liquor Control Reform (Underage Drinking and Enhanced BATCHELOR, Mr (Thomastown) (Minister for Transport and Enforcement) Bill, 1505 Minister for Major Projects)

Condolences CAMERON, Mr (Bendigo West) (Minister for Agriculture)

Hon. Marie Therese Tehan, 1341 Business of the house Questions without notice Ballarat Reform League Charter, 1358 Mitcham–Frankston freeway: ConnectEast float, 1491 Program, 1359 Hazardous waste: Nowingi, 1490 Petitions Melbourne showgrounds: redevelopment, 1394, 1489, 1491 Bendigo: Lake Weerona tram track, 1355 Speed cameras: West Gate Bridge, 1396 MEMBERS INDEX ii ASSEMBLY 9, 10 and 11 November 2004

CAMPBELL, Ms (Pascoe Vale) Members statements Schools: funding, 1475 Public Accounts and Estimates Committee Auditor-General: rural ambulance services, 1356 Statements on reports Budget estimates 2004–05, 1470 Scrutiny of Acts and Regulations Committee: redundant and unclear legislation, 1388 Statements on reports Public Accounts and Estimates Committee: Auditor-General — rural ambulance services, 1391 DELAHUNTY, Mr (Lowan)

Bills CARLI, Mr (Brunswick) Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1431 Bills Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, Electricity Industry (Wind Energy Development) Bill, 1454 1439

Matter of public importance. Matter of public importance. Hazardous waste: Nowingi, 1375 Hazardous waste: Nowingi, 1386 Petitions CLARK, Mr (Box Hill) Melbourne University: regional agricultural campuses, 1356

Adjournment Statements on reports Port of Melbourne Corporation: dredging contract, 1519 Public Accounts and Estimates Committee: Auditor-General — rural ambulance services, 1389 Bills Electricity Industry (Wind Energy Development) Bill, 1447 DEPUTY SPEAKER, The (Mr Loney)

Rulings, 1361, 1506 COOPER, Mr (Mornington)

Bills DIXON, Mr (Nepean) Electricity Industry (Wind Energy Development) Bill, 1459 Liquor Control Reform (Underage Drinking and Enhanced Condolences Enforcement) Bill, 1495 Hon. Marie Therese Tehan, 1353 Condolences Petitions Hon. Marie Therese Tehan, 1347 Motor registration fees: concessions, 1470 Members statements Points of order, 1493 Hospitals: waiting lists, 1474

Rulings, 1387, 1388 DONNELLAN, Mr (Narre Warren North)

Adjournment CRUTCHFIELD, Mr (South Barwon) Youth: federal policy, 1464 Members statements Questions without notice South Barwon Community Centre, 1368 Mitcham–Frankston freeway: ConnectEast float, 1491 Questions without notice Go for Your Life campaign, 1394 DOYLE, Mr (Malvern) (Leader of the Opposition)

Address by mayor of Ballarat D’AMBROSIO, Ms (Mill Park) Ballarat Reform League Charter, 1488 Bills Condolences Electricity Industry (Wind Energy Development) Bill, 1460 Hon. Marie Therese Tehan, 1338 MEMBERS INDEX

9, 10 and 11 November 2004 ASSEMBLY iii

Ministerial statement HARKNESS, Mr (Frankston) Honouring and Supporting Victorian Veterans, 1400 Adjournment Better Work and Family Balance Grants program, 1462 DUNCAN, Ms (Macedon) Members statements Adjournment Frankston: Victorian Volunteer Small Grants program, 1474 Woodend: children’s centre, 1518 Frankston Returned and Services League: Remembrance Day ceremony, 1364 Questions without notice State Emergency Service: Frankston unit, 1364 Hospitals: rural and regional, 1491

HELPER, Mr (Ripon) ECKSTEIN, Ms (Ferntree Gully) Bills Members statements Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, Ferntree Gully Primary School: 130th anniversary, 1473 1442 Matter of public importance. GARBUTT, Ms (Bundoora) (Minister for Community Services) Hazardous waste: Nowingi, 1388

Condolences Members statements Hon. Marie Therese Tehan, 1343 Tourism: food and wine plan, 1476 Questions without notice GILLETT, Ms (Tarneit) Wine industry: performance, 1495

Matter of public importance. HERBERT, Mr (Eltham) Hazardous waste: Nowingi, 1384 Bills GREEN, Ms (Yan Yean) Electricity Industry (Wind Energy Development) Bill, 1457

Adjournment Members statements Gas: Mernda supply, 1466 Eltham East and Lower Plenty primary schools: concerts, 1364

Members statements HOLDING, Mr (Lyndhurst) (Minister for Manufacturing and Whittlesea Leader business awards, 1366 Export, and Minister for Financial Services Industry)

Adjournment HAERMEYER, Mr (Kororoit) (Minister for Police and Emergency Services and Minister for Corrections) Responses, 1467, 1520

Bills HONEYWOOD, Mr (Warrandyte) Corrections and Major Crime (Investigative Powers) Acts (Amendment) Bill, 1355 Bills Emergency Services Telecommunications Authority Bill, 1355 Electricity Industry (Wind Energy Development) Bill, 1456 Public Administration Bill, 1469 HARDMAN, Mr (Seymour) Business of the house Condolences Program, 1360 Hon. Marie Therese Tehan, 1346 Condolences Hon. Marie Therese Tehan, 1342

Members statements Planning: Croydon development, 1362 MEMBERS INDEX iv ASSEMBLY 9, 10 and 11 November 2004

Points of order, 1361 Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, 1445 Questions without notice Members statements Parks Victoria: grants, 1492 Employment: apprentices and trainees, 1366

HOWARD, Mr (Ballarat East) JENKINS, Mr (Morwell) Members statements Adjournment Creswick Forestry Fiesta, 1475 Exports: Ear Associates Pty Ltd, 1515 Eureka: rebellion anniversary, 1365 Bills Questions without notice Electricity Industry (Wind Energy Development) Bill, 1486 Water: sales agreement, 1492 Members statements

HUDSON, Mr (Bentleigh) James Hardie: asbestos compensation, 1476 Questions without notice Bills Go for Your Life campaign, 1395 Electricity Industry (Wind Energy Development) Bill, 1479 Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1502 KOSKY, Ms (Altona) (Minister for Education and Training) Members statements Bills East Bentleigh Junior Soccer Club, 1367 Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, 1447 HULLS, Mr (Niddrie) (Attorney-General, Minister for Industrial Teaching Service (Conduct and Performance) Bill, 1406, 1412 Relations and Minister for WorkCover) Points of order, 1378 Bills Questions without notice Commonwealth Powers (De Facto Relationships) Bill, 1417 Go for Your Life campaign, 1393 Corrections and Major Crime (Investigative Powers) Acts Students: literacy standards, 1494 (Amendment) Bill, 1513 Tertiary education and training: regional agricultural campuses, Emergency Services Telecommunications Authority Bill, 1510 1393 Fair Trading (Enhanced Compliance) Bill, 1355, 1509 Legal Profession Bill, 1469 KOTSIRAS, Mr (Bulleen)

INGRAM, Mr (Gippsland East) Bills Liquor Control Reform (Underage Drinking and Enhanced Adjournment Enforcement) Bill, 1426 Housing: Gippsland East tenants, 1518 Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, 1436 Questions without notice Water: free trade agreement, 1395 Members statements Minister for Innovation: performance, 1473 Rulings, 1378

LANGDON, Mr (Ivanhoe) JASPER, Mr (Murray Valley) Members statements Adjournment Paul Xuereb, 1362 Disability services: Moira, 1462

Bills Electoral Legislation (Amendment) Bill, 1422 MEMBERS INDEX

9, 10 and 11 November 2004 ASSEMBLY v

LANGUILLER, Mr (Derrimut) LUPTON, Mr (Prahran)

Bills Bills Liquor Control Reform (Underage Drinking and Enhanced Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1496 Enforcement) Bill, 1434

Members statements LEIGHTON, Mr (Preston) Isador Magid, 1471

Members statements Parliament: electronic democracy, 1476 MARSHALL, Ms (Forest Hill)

Adjournment LIM, Mr (Clayton) Consumer affairs: school programs, 1463

Bills Members statements Electoral Legislation (Amendment) Bill, 1424 Silvan Foundation: Positive Futures scholarships, 1366 Youth Ambassadors program, 1474

LINDELL, Ms (Carrum) MAUGHAN, Mr (Rodney) Adjournment Consumer affairs: Patterson Lakes subdivision, 1516 Adjournment Gas: Heathcote and Rushworth supply, 1466 Matter of public importance. Hazardous waste: Nowingi, 1381 Bills Teaching Service (Conduct and Performance) Bill, 1409 Questions without notice Go for Your Life campaign, 1392 Business of the house Program, 1359 Rulings, 1506 Condolences Hon. Marie Therese Tehan, 1346 LOBATO, Ms (Gembrook) Members statements Members statements Planning: native vegetation amendment, 1471 Gas: Upper Yarra and Yarra Valley supply, 1361 Planning: native vegetation amendment, 1470

LOCKWOOD, Mr (Bayswater) MAXFIELD, Mr (Narracan) Adjournment Eastern Access Community Health: children’s centre, 1519 Bills Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1498 LONEY, Mr (Lara) (See also DEPUTY SPEAKER, The) Members statements Bills Melbourne University: regional agricultural campuses, 1367 Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, 1444 McINTOSH, Mr (Kew) Members statements Greater Geelong: elections, 1472 Bills Commonwealth Powers (De Facto Relationships) Bill, 1412 Electoral Legislation (Amendment) Bill, 1418 Fair Trading (Enhanced Compliance) Bill, 1355 MEMBERS INDEX vi ASSEMBLY 9, 10 and 11 November 2004

Members statements NAPTHINE, Dr (South-West Coast) Police: complainant’s rights, 1471 Bills Liquor Control Reform (Underage Drinking and Enhanced McTAGGART, Ms (Evelyn) Enforcement) Bill, 1499

Adjournment Condolences Yarra Valley: produce brand, 1465 Hon. Marie Therese Tehan, 1343 Matter of public importance. MERLINO, Mr (Monbulk) Hazardous waste: Nowingi, 1382

Members statements Members statements Public holidays: Liberal Party policy, 1472 Water: drilling fees, 1475 Petitions

MILDENHALL, Mr (Footscray) Motor registration fees: concessions, 1470 Points of order, 1388 Matter of public importance. Hazardous waste: Nowingi, 1371 Questions without notice

Ministerial statement Rural Ambulance Victoria: computer-aided dispatch system, 1392 Honouring and Supporting Victorian Veterans, 1403 Statements on reports Public Accounts and Estimates Committee: Auditor-General — rural ambulance services, 1390 MORAND, Ms (Mount Waverley)

Bills NARDELLA, Mr (Melton) Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1500 Adjournment

Members statements Police: Melton, 1517 Member for Polwarth: comments, 1368 OVERINGTON, Ms (Ballarat West)

MULDER, Mr (Polwarth) Business of the house

Adjournment Program, 1360 Wind farms: Naroghid, 1517 PERERA, Mr (Cranbourne) Bills

Electricity Industry (Wind Energy Development) Bill, 1486 Members statements Liquor Control Reform (Underage Drinking and Enhanced Cranbourne: Can Do guide, 1363 Enforcement) Bill, 1505

Questions without notice PERTON, Mr (Doncaster) Speed cameras: West Gate Bridge, 1396 Adjournment

MUNT, Ms (Mordialloc) Education and Training: executive salaries, 1514 Bills Bills Electricity Industry (Wind Energy Development) Bill, 1481 Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1504 Teaching Service (Conduct and Performance) Bill, 1406

Members statements Condolences Cheltenham-Moorabbin Returned and Services League: Hon. Marie Therese Tehan, 1348 85th anniversary, 1477 MEMBERS INDEX

9, 10 and 11 November 2004 ASSEMBLY vii

Members statements RYAN, Mr (Gippsland South) (Leader of The Nationals) Member for Yuroke: performance, 1472 Address by mayor of Ballarat Points of order, 1493, 1506 Ballarat Reform League Charter, 1488

Questions without notice Bills Students: literacy standards, 1494 Commonwealth Powers (De Facto Relationships) Bill, 1415 Electricity Industry (Wind Energy Development) Bill, 1451

PIKE, Ms (Melbourne) (Minister for Health) Condolences Hon. Marie Therese Tehan, 1340 Questions without notice Go for Your Life campaign, 1394 Matter of public importance. Hospitals: rural and regional, 1491 Hazardous waste: Nowingi, 1369

Ministerial statement PLOWMAN, Mr (Benambra) Honouring and Supporting Victorian Veterans, 1402

Adjournment Points of order, 1394 Planning: native vegetation amendment, 1461 Questions without notice Bills Hazardous waste: Nowingi, 1490 Electricity Industry (Wind Energy Development) Bill, 1483 Tertiary education and training: regional agricultural campuses, Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, 1393 1447

Business of the house SAVAGE, Mr (Mildura) Program, 1359 Bills Condolences Petroleum Products (Terminal Gate Pricing) (Amendment) Bill, Hon. Marie Therese Tehan, 1352 1443

Matter of public importance. Matter of public importance. Hazardous waste: Nowingi, 1373 Hazardous waste: Nowingi, 1378

Points of order, 1378, 1492, 1494 Members statements Primary Industries: Mallee staff, 1365

POWELL, Mrs (Shepparton) Points of order, 1378, 1506

Adjournment SEITZ, Mr (Keilor) Housing: Shepparton, 1515

Bills Condolences Liquor Control Reform (Underage Drinking and Enhanced Hon. Marie Therese Tehan, 1346 Enforcement) Bill, 1503

Condolences SHARDEY, Mrs (Caulfield) Hon. Marie Therese Tehan, 1349 Adjournment Schools: Russian and Hebrew examinations, 1465 ROBINSON, Mr (Mitcham) Condolences Petitions Hon. Marie Therese Tehan, 1351 Planning: Mitcham development, 1469 Petitions Rail: Sandringham line, 1356 MEMBERS INDEX viii ASSEMBLY 9, 10 and 11 November 2004

SMITH, Mr (Bass) Condolences Hon. Marie Therese Tehan, 1353 Adjournment Bass Coast: rates, 1464 Members statements Australian Labor Party: policies, 1365 Bills Electricity Industry (Wind Energy Development) Bill, 1477 Petitions Rail: Sandringham line, 1356 Members statements Rail: Gippsland line, 1367 THWAITES, Mr (Albert Park) (Minister for Environment, Minister for Water and Minister for Victorian Communities) SPEAKER, The (Hon. Judy Maddigan) Points of order, 1493 Absence of ministers, 1337, 1489 Questions without notice Address by mayor of Ballarat Go for Your Life campaign, 1395 Ballarat Reform League Charter, 1486, 1489 Parks Victoria: grants, 1492 Water: sales agreement, 1493 Business of the house Notices of motion: removal, 1355, 1469 Photographing of proceedings, 1469 WALSH, Mr (Swan Hill)

Condolences Matter of public importance. Hon. Marie Therese Tehan, 1353 Hazardous waste: Nowingi, 1376

Rulings, 1394, 1492, 1493, 1494 Points of order, 1378

STENSHOLT, Mr (Burwood) WELLS, Mr (Scoresby)

Questions without notice Bills Victorian Competition and Efficiency Commission: building Emergency Services Telecommunications Authority Bill, 1355 industry, 1396 Condolences Hon. Marie Therese Tehan, 1351 SYKES, Dr (Benalla) Members statements Bills Police: rural stations, 1363 Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Bill, 1497 WYNNE, Mr (Richmond) Matter of public importance. Hazardous waste: Nowingi, 1380 Bills

Members statements Commonwealth Powers (De Facto Relationships) Bill, 1416 Peta Clark, 1473 Business of the house Weary Dunlop You’ve Got What It Takes award, 1363 Program, 1361

Petitions Questions without notice Aboriginals: Locksley correctional centre, 1469 Sailing: International 470 World Championships, 1489

THOMPSON, Mr (Sandringham)

Bills Electricity Industry (Wind Energy Development) Bill, 1483