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Questions without Notice 6 May 1986 COUNCIL 955 Tuesday,6 May 1986 The PRESIDENT (the Hon. R. A. Mackenzie) took the chair at 3.3 p.m. and read the prayer. QUESTIONS WITHOUT NOTICE NUNAWADING PROVINCE BY-ELECTION The Hon. A. J. HUNT (South Eastern Province)-I ask the Attorney-General: is it intended, as a result of the Nunawading Province by-election report, to charge any member of Parliament, any member's staff or any other person with any offences; if so, will the report be released with reference to the individuals to be charged deleted; if not, will the report be released in full this we~k? The Hon. J. H. KENNAN (Attorney-General)-1 deplore the practice of prosecution authorities, whoever they may be, speculating publicly, as has been the case in one or two instances in this country-happily, not in this State-about charges that may be laid against an individual. It brings the prosecution and the trial process into disrepute, and I am disappointed that Mr Hunt would urge the adoption of that practice. The Hon. A. J. Hunt-Y ou always misrepresent, don't you? The Hon. J. H. KENNAN-On the specific matter that Mr Hunt raised, he ou~t to be aware that, apart from matters of contempt and possibly one or two other mInor and specific matters, the Attorney-General in this State no longer has the power to prosecute. In matters arisin~ under The Constitution Act Amendment Act power resides in police officers or the ChIef Electoral Officer. In relation to the other matters-- The Hon. A. J. Hunt-Are you going to release the report? The Hon. J. H. KENNAN-Apparently, Mr Hunt does not want to hear the answer. The other matters are either for the attention of the police or the Director of Public Prosecutions. The subject of the report to which Mr Hunt has referred is not a matter for me or my department. There has been comment in the press about the police compiling a report and about the Chief Electoral Officer considering certain matters. Those are matters for their consideration in exercising their ordinary prosecution authority; they are not matters for me as Attorney­ General. INFORMATION ON EXPLOSIVES The Hon. B. P. DUNN (North Western Province)-Is the Attorney-General aware that would-be terrorists or cranks, as well as children, can purchase, apparently over the counter at Victorian stores, literature and information describin~ not only how to use explosive devices but also how to make them? In view of the ever-Increasing threat to the community through the use of explosives and acts of terrorism, will the Attorney-General investigate the availability of that literature? Secondly, does the Government have the legal power to seek the WIthdrawal from sale to the general public of those publications and, if so, will the Government-- The PRESIDENT-Order! The part of the Question requesting a legal opinion is out of order. The Hon. B. P. DUNN-I was not asking for a legal opinion; I was asking whether the State has the power to take such action. I ask whether it will use those powers to withdraw those publications from sale to the general public. 956 COUNCIL 6 May 1986 Questions without Notice The Hon. J. H. KENNAN (Attorney-General)-I thank Mr Dunn for his important question. He will be aware of my longstanding commitment on the serious issue of gun registration. He will also be aware of the commitment of the Government and the campaign that I suffered personally in 1982 from a number of people, including members of the National Party, against the Government's proposals for tighter gun laws and more restraints. I am happy to report on how well those laws are working, despite the vicious campaign that was waged by members of the National Party. In respect of the capacity of people to buy information about terrorist activities, making bombs and so forth, I point out that the relevant Federal department deals with some of those matters in its controls over imports. It is true that people can consult an encyclopaedia to obtain information on explosives and other subjects. This is a sensitive matter. Some of the publications are undesirable and raise important questions on how effective laws can be. The issue of imports is a matter for the Federal Government. On behalf of the State Government I shall be happy to consider the possibilities relating to any particular publication. I warn the House that those sorts of publications are found in wide-spread areas and often in an educative fashion. It is difficult to draw a definitive line. ST ALBANS COMMUNITY HEALTH AND RESOURCES CENTRE The Hon. B. W. MIER (Waverley Province)-Does the Minister for Health intend to provide the House with a further report on the St Albans Community Health and Resources Centre before the end of this session? The Hon. D. R. WHITE (Minister for Health)-I have had discussions with Deloitte Haskins and Sells and made a request that a report be made to me dealing with the progress to date in the examination of issues arising from the first report; progress made in the implementation of the recommendations of the report; and progress made in the examination of new matters not covered in the first report. In addition, I have asked for a recommended time-table for dealing with new matters not covered in the report and, if they are unable to be dealt with by the end of this sessional period, whether their current investigations can deal with all matters raised or whether they recommend any additional course of action. I have also asked whether, in the interests of the effective operation of the centre, any action needs to be taken. I have asked also for them to provide advice on any other matters they consider appropriate. I look forward to reporting back to the House later this week-I hope at some time on Thursday-with respect to their response on the matters about which I have requested information. PRISONERS HELD IN POLICE CELLS The Hon. N. B. REID (Bendigo Province)-I direct a question to the Attorney-General as the Minister responsible for the Office of Corrections. The Bendigo community is concerned about prisoners being held in the police cells for up to fourteen days and Victoria Police Force officers acting as prison officers. What action has been taken to ensure that there is a minimum security risk associated with the movement and detention of prisoners in police cells? The Hon. J. H. KENNAN (Attorney-General)-It is true that prisoners have been held in police cells. It is true also that in the past week or two the Victorian gaols have been overflowing. Last week, on one day some 35 prisoners could not be accommodated at the Coburg complex. Honourable members who took an interest- and, unfortunately, Mr Reid was not one of them-in an extensive 32-page Ministerial statement I made to the House last week Questions without Notice 6 May 1986 COUNCIL 957 will be aware of the prognosis I made in that statement and the need for new accommodation. The Hon. N. B. Reid-I read it. The Hon. J. H. KENNAN-Honourable members who have read the statement will be aware also of the establishment of a low-security women's prison facility. The Hon. N. B. Reid-What about now? The Hon. J. H. KENNAN-That will be in twelve months' time, but the planning has already been undertaken. It will create more space in the prison system. In respect of the holding of prisoners in police cells, I had a meeting with the Director­ General of the Office of Corrections and the Chief Commissioner of Police earlier in the year-I believe it was back in February before the Parliamentary sessional period started­ because they foreshadowed problems arising. Although the current situation is not ideal, the House should understand that the situation has come about after having been foreseen by the Office of Corrections and me, and after earlier consultations with police had taken place and after special gazetting and extension of time for police cells to be used as gaols had been undertaken. Therefore, honourable members can rest assured that consultation on this issue has taken place and that it is well in hand. In terms of future prison plans, I refer honourable members to the extensive Ministerial statement made on the subject last week. HERBICIDES The Hon. D. M. EVANS (North Eastern Province)-I refer to comments made recently by the Minister for Conservation, Forests and Lands and reported in the press that it is her intention to try to phase out the use of chemical sprays for the control of noxious weeds. The comments appeared in the newspapers last week and were commented on generally, as I recall. In view of the limitations on the biological control of weeds that are suppressed rather than eradicated, how does the Minister propose to replace the current chemical sprays and still maintain effective weed control? The Hon. J. E. KIRNER (Minister for Conservation, Forests and Lands)-I did not make the comment, although I was reported to have made the comment that chemical sprays should be abandoned and that I should like to see them all phased out. However, my comment was really made in the context of2,4,5-T and 2,4-0. As the Department of Conservation, Forests and Lands is one of the major users of chemical sprays that are considered toxic, I have taken certain actions to ensure that use of 2,4,5-T is phased out and that it is rel?laced by an equally effective chemical that costs more to buy but is certainly more cost effective.

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