10 Nov 1998 Legislative Assembly 2807

TUESDAY, 10 NOVEMBER 1998 ELECTORAL DISTRICT OF MULGRAVE Resignation of Member Mr SPEAKER: I have to report that I have received the following letter from Mr Charles Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Robert Rappolt, member for the electoral read prayers and took the chair at 9.30 a.m. district of Mulgrave— "Hon Ray Hollis Speaker ASSENT TO BILLS ... Mr SPEAKER: Order! Honourable members, I have to report that on Tuesday, 27 Dear Sir, October 1998 I presented to His Excellency I regret to advise that I tender my the Governor the Appropriation (Parliament) resignation as the Member for Mulgrave Bill 1998 and the Appropriation Bill 1998 for in the 49th Queensland Parliament, royal assent and His Excellency was pleased in effective immediately. my presence to subscribe his assent thereto in I have already notified the Premier and the name and on behalf of Her Majesty. the State Leader of Pauline Hanson's I have received from His Excellency the One Nation. Governor a letter in respect to assent to certain Yours faithfully, Bills, the contents of which will be incorporated Charles Rappolt." in the records of Parliament. GOVERNMENT HOUSE QUEENSLAND INFORMATION COMMISSIONER 27 October 1998 Annual Report The Honourable R. K. Hollis, MLA Mr SPEAKER: Order! I have to report Speaker of the Legislative Assembly today that I have received the annual report of Parliament House the Queensland Information Commissioner for George Street 1997-98. I will table the said report. BRISBANE QLD 4000 Dear Mr Speaker PETITION I hereby acquaint the Legislative Assembly that The Clerk announced the receipt of the the following Bills, having been passed by the following petition— Legislative Assembly and having been presented for the Royal Assent, were assented to in the name of Her Majesty The Queen on 27 Indooroopilly Shoppingtown, Licensed October 1998: Restaurant "A Bill for an Act to amend the Consumer From Mr Beanland (130 petitioners) Credit (Queensland) Act 1994 to make requesting the House that the development changes to the Consumer Credit Code application by Pullenvale Estates Pty Ltd for a A Bill for an Act to appropriate certain licensed restaurant with 45 poker machines, a amounts for services in the financial years bottle shop, entertainment stage, Keno and starting 1 July 1997, 1 July 1998 and 1 PubTAB at Indooroopilly Shoppingtown July 1999 fronting Station Road, Indooroopilly be not A Bill for an Act to appropriate certain granted. amounts from the consolidated fund for Petition received. services of the Parliament in the financial years starting 1 July 1997, 1 July 1998 and 1 July 1999." PAPERS The Bills are hereby transmitted to the PAPERS TABLED DURING THE RECESS Legislative Assembly, to be numbered and The Clerk informed the House that the forwarded to the proper Officer for enrolment, following papers, received during the recess, in the manner required by law. were tabled on the dates indicated— Yours sincerely 23 October 1998 (Sgd) Peter Arnison Additional information provided to Estimates Committee E by the Minister for Governor Health (Mrs Edmond) on 22 October 1998 2808 Papers 10 Nov 1998

30 October 1998— Queensland Fruit and Vegetable Queensland Audit Office—Annual Report Growers—Annual Report 1997-98 1997-98 6 November 1998— Roads Implementation Program 1998-99 to Department of Tourism, Small Business 2002-03 and Industry—Annual Report 1997-98 Aboriginal Co-ordinating Council—Annual Queensland Principal Club—Annual Report 1997-98 Report 1997-98 Island Co-ordinating Council—Annual Totalisator Administration Board of Report 1997-98 Queensland—Annual Report 1997-98 Brisbane Market Authority—Annual Report 9 November 1998— 1997-98 Residential Tenancies Authority—Annual Department of Primary Industries—Annual Report 1997-98 Report 1997-98 Queensland Coal Board—47th Annual and Queensland Dairy Authority—Annual Final Report (including Financial Report 1997-98 Statements) 1 July to 31 December 1997 Queensland Egg Industry Management STATUTORY INSTRUMENTS Authority—Annual Report 1997-98 The following statutory instruments were tabled Queensland Parliamentary Service— by The Clerk— Annual Report 1997-98 Chiropractors and Osteopaths Act 1979— Select Committee on Parliamentary Entitlements—A Report on Parliamentary Chiropractors and Osteopaths Entitlements, Report No. 1 Amendment By-law (No. 1) 1998, No. 290 3 November 1998— City of Brisbane Act 1924— The Council of the Queensland Institute City of Brisbane Amendment Regulation of Medical Research—Annual Report (No. 2) 1998, No. 283 1997-98 Consumer Credit (Queensland) Act 1994— Queensland Institute of Medical Research Consumer Credit (Queensland) Trust—Annual Report 1997-98 Amendment Regulation (No. 2) 1998, Bureau of Sugar Experiment Stations— No. 291 Annual Report 1997-98 Consumer Credit (Queensland) Amendment Act Queensland Sugar Corporation—Annual 1998— Report 1997-98 Proclamation—section 3 of the Act Queensland Commercial Fishermen's State commences 1 November 1998, No. 294 Council/Organisation—Annual Report Equal Opportunity in Public Employment Act 1997-98 and 1999-2003 Strategic Plan 1992— Stanwell Corporation Limited—Annual Equal Opportunity in Public Employment Report 1997-98 Regulation 1998, No. 282 Stanwell Corporation Limited—Statement Fisheries Act 1994— of Corporate Intent 1997-98 5 November 1998— Fisheries Amendment Regulation (No. 4) 1998, No. 295 South West Queensland Electricity Corporation Limited (trading as South Justices Act 1886, Transport Operations (Road West Power)—Annual Report 1997-98 Use Management) Act 1995— South West Queensland Electricity Transport Operations (Road Use Corporation Limited (trading as South Management—Fatigue Management) West Power)—Statement of Corporate Regulation 1998, No. 293 Intent 1997-98 Marine Parks Act 1982— Mackay Electricity Corporation Limited Marine Parks (Moreton Bay) Amendment (trading as MEB)—Annual Report 1997-98 Zoning Plan (No. 2) 1998, No. 286 Mackay Electricity Corporation Limited Nature Conservation Act 1992— (trading as MEB)—Statement of Corporate Intent 1997-98 Nature Conservation (Protected Areas) Amendment Regulation (No. 9) 1998, Queensland Harness Racing Board— No. 287 Annual Report 1997-98 Primary Producers' Organisation and Marketing Trustees of the Albion Park Paceway— Act 1926— Annual Report 1997-98 Primary Producers' Organisation and Queensland Tourist and Travel Marketing (Commercial Fishers General Corporation—Annual Report 1997-98 Levy) Notice 1998, No. 292 10 Nov 1998 Papers 2809

Residential Tenancies Act 1994— I have instructed my Department's Director- Residential Tenancies Amendment General to undertake a full review of Coorparoo Regulation (No. 1) 1998, No. 285 valuation relativities based on current market evidence during the valuations to be Superannuation (State Public Sector) Act undertaken this year. These valuations will be 1990— issued in early 1999 and will reflect the property Superannuation (State Public Sector) market as at 1 October 1998. Amendment Notice (No. 2) 1998, No. 289 I trust my Department's decision on the Superannuation (State Public Sector) Coorparoo valuation objections and the Amendment Regulation (No. 2) 1998, forthcoming review of valuations in and around No. 284 the Coorparoo division will resolve the petitioners' concerns . Tobacco Industry (Restructuring) Act 1996— MINISTERIAL PAPERS Tobacco Industry (Restructuring) Regulation 1998, No. 288 The following papers were tabled— University of Queensland Act 1998— (a) Premier (Mr Beattie)— University of Queensland (Statutes Criminal Justice Commission—Annual Repeal) Statute 1998 Report for 1997-98 (b) Minister for Communication and MINISTERIAL RESPONSE TO A PETITION Information and Minister for Local The following response to a petition, received Government, Planning, Regional and Rural during the recess, was tabled by The Clerk— Communities (Mr Mackenroth)— response from the Minister for Copy of reference, dated 22 October Environment and Heritage and Minister for 1998, to Electoral Commissioner of Natural Resources (Mr Welford) to a Queensland to review the area of the City petition presented by Mr Fenlon from 267 of Brisbane for the purpose of re-dividing petitioners, regarding the conduct of a the area into 26 single member divisions review of valuations within the Coorparoo Local Government Grants Commission, valuation district. Queensland—1998 Report on Financial Land Valuations, Coorparoo Assistance for Local Government 25 October 1998 (c) Minister for Environment and Heritage and Minister for Natural Resources (Mr I refer to your letter of 28 August 1998 Welford)— concerning a petition received by the Queensland Legislative Assembly from Mr Gary Annual Reports for 1997-98— Fenlon MLA, Member for Greenslopes on Administration of the Environmental behalf of petitioners requesting the Minister for Protection Act 1994 Natural Resources to conduct an immediate Administration of the Nature review of valuations within the Coorparoo Conservation Act 1992 valuation district and adjust them to a reasonable level. Wet Tropics Management Authority The Government undertook to conduct a (A) A Proposal by the Governor in general review of these valuations on 10 July Council to revoke the setting apart 1998. and declaration as State forest under the Forestry Act 1959 of:- My Department of Natural Resources (a) All that part of State forest 679 undertakes valuations for rating and other described as Lot 5 on plan purposes under the provisions of the Valuation CP899744 and containing an of Land Act 1944. The legislation gives land area of 35.85 hectares, owners access to grievance mechanisms to address any concerns with new valuations of (b) All those parts of State forest their properties. These mechanisms include a 117 described as Lot 26 on plan departmental objection process. Nearly 900 CP855492, Area A and Area B objections were lodged against the Coorparoo and shown hachured on plan division valuations. FTY 1772 prepared under the authority of the Primary I appointed an independent chairperson, Mr Industries Corporation and Randall Warren, to assist with objection containing in total an area of conferences. Following decisions on these about 28.382 hectares, objections by my Department's delegate and consideration of Mr Warren's report, I am aware (c) All that part of State forest 1239 that there are some anomalies and described as Area A and shown inconsistencies with the valuations in hachured on plan FTY 1771 Coorparoo and the surrounding divisions. My prepared under the authority of Department has decided to reduce those the Primary Industries valuations objected against by about 10 Corporation and containing an percent. area of about 3.9 hectares, 2810 Ministerial Statement 10 Nov 1998

(d) All those parts of State forest services, like health and education. Horizontal 431 described as Areas A, B fiscal equalisation is the technical or economic and C and shown hachured on term. I call it giving everyone, no matter where plan FTY 1753 prepared under they live in Australia, a fair go. The the authority of the Primary continuation of a GST and the greed of the Industries Corporation and containing in total an area of larger States may change that. 43.994 hectares, During the past week or so, the larger (e) All those parts of State forest States have engaged in what can only be 915 described as Lot 10 on plan described as intellectual dishonesty. My Labor MCH4946 and Area A and colleagues in New South Wales have spent shown hachured on plan FTY something like $1m on advertisements saying 1775 prepared under the that most of the GST will be raised in New authority of the Primary South Wales so they should get most of the Industries Corporation and GST cake. In Victoria, the friend of the worker, containing in total an area of 27.764 hectares, Premier Jeff Kennett, advised me to keep quiet because the big boys know what is best (f) The whole of State forest 1255 for the country. I have news for Mr Kennett: I containing an area of about 4.25 do not want the big boys in Collins Street hectares; and deciding the quality of life for the people of (B) A brief explanation of the Proposal. Charleville. Let us look at the facts. The reality is that MINISTERIAL STATEMENT the larger States are trying to blame Goods and Services Tax Queensland—and the Federal Government— for their wasteful spending. Queensland Hon. P. D. BEATTIE (Brisbane Central— Treasury figures show that if New South Wales ALP) (Premier) (9.37 a.m.), by leave: This spent at the same level of efficiency as week's Special Premiers Conference at which Queensland it could slash its total taxation by the Commonwealth tax cake will be shared is more than $1,500 per person. The story is an historic occasion. It is not the act of splitting much the same for Victoria. Quite simply, the tax cake that is historic, rather it is the neither New South Wales nor Victoria is recipe for that cake which is new. Instead of anywhere near as efficient as Queensland sharing in the traditional income tax pool, when it comes to providing services. They are States and Territories will be sharing in a pool just profligate spenders. of money raised through the Howard Treasury research confirms that Government's insidious goods and services Queensland is not a begging bowl State, as tax. has been alleged. Our budgeted Federal Let no-one be under any illusion. I believe payments this financial year total $5.9 billion, that the goods and services tax is an which is just $35m greater than our per capita abomination—a hideous nightmare of a tax share. Put another way, that is about $10 that was dreamed up by economic rationalists. extra for every Queenslander—a pittance I opposed the Federal coalition's GST plan when we consider the challenges of providing during the recent Federal election, and my infrastructure in such a vast, growing State with presence at the Special Premiers Conference a widely spread population. should not be seen as an endorsement for its The New South Wales/Victoria argument introduction. is fine if the vast majority of the population Having stated my views on the GST, let lives in the capital city where services are me also inform this House that my presence at easier to provide. However, the reality is that the conference, along with Treasurer David 72% of Victorians live in Melbourne—and they Hamill, should not be seen as an endorsement have our sympathy—and 63% of the people of of the proposed sharing arrangements either. New South Wales live in Sydney. Queensland As I said, the tax cake recipe has been is the only mainland State in which most changed. However, the larger States also want people live outside the capital city, with only to change the way in which that cake is 46% of Queenslanders living in Brisbane. shared. My Government is doing all it can to This great country was built on the improve life for people in rural and regional foundation of mateship, of giving the less well Queensland. If Bob Carr and Jeff Kennett had off a hand up. It was also built upon the their way, all of the people of Australia would principle of making sure that everyone had be living in Sydney or Melbourne. That is too access to a reasonable standard of essential high a price to pay. If New South Wales and 10 Nov 1998 Ministerial Statement 2811

Victoria have their way, Queenslanders will be for infrastructure. And the Department of worse off. Natural Resources has allocated $4.5m this During the past week or so, I have year for improvements to the Mareeba- stepped up my efforts to ensure that Dimbulah Irrigation Area. As the new century Queenslanders do not have to pay the price dawns, experts forecast that that local for the greed of Victoria and New South community will earn about $30m a year Wales. So far, the Queensland Nationals and through export income. Liberals have been silent—mute apologists for Yesterday, along with the Minister for the Federal coalition's GST—and, even worse, Mines and Energy, I announced that the State lame duck acceptors of the Victorian and New Government had given the green light for a South Wales arguments to cut Queensland's $639m nickel and cobalt mining, processing share of Commonwealth funds. These people and refining project to proceed in central opposite stand condemned for their silent Queensland. The project, to be developed complicity. We will fight for Queensland. near Rockhampton by Lagoon Hill Nickel, a subsidiary of Preston Resources, will generate 1,000 jobs during construction and 210 MINISTERIAL STATEMENT permanent jobs when operational. Later today Queensland Economy; Expo 2002 the Deputy Premier and I will sign an Hon. P. D. BEATTIE (Brisbane Central— agreement with Telstra forming a partnership ALP) (Premier) (9.42 a.m.), by leave: Two to provide a one-stop shop to persuade recent surveys, by the Australian Industry national and international companies to move Group and Morgan and Banks, have revealed or establish their call centres in Queensland. a high level of confidence by business and There is plenty to be confident about in this industry in Queensland's future. The surveys State. show that, despite the Asian economic In addition, when it comes to major downturn, Queensland is moving ahead. My activities, projects and opportunities, such as Government has played its part in this process Expo 2002, this Government will do everything by demonstrating strong leadership and by it can to facilitate those. I advise the House governing as if we have a majority of 10. With that the Philippines has yet to formally our massive $4.8 billion Capital Works withdraw from the staging of Expo 2002. Program and innovative jobs creation However, the Philippines' position has opened strategies, we are creating the right climate for the way for Queensland to be reconsidered as business to prosper, notwithstanding the the site to stage Expo 2002, although that impact of the Asian economic crisis. consideration cannot effectively take place There have been a number of major until the Philippines has withdrawn. success stories recently. ATCO Structures Pty The Commonwealth Government, at the Ltd, with its headquarters in Alberta, Canada, request of the Queensland Government, has has invested $20m in establishing its Asia- therefore advised the Bureau of International Pacific headquarters in Brisbane and another Exposition—BIE—Secretary General of centre in Townsville. ATCO chose Queensland Australia's interest in pursuing Expo 2002 for its headquarters because we have a very should the Philippines withdraw. If the stable economy and the company believes we Philippines withdraws by December 1998, the have an exciting future, not to mention a can- matter will probably be determined at a special do Government. Decisions like this send a very general assembly of the BIE either in late positive message to the international business January or early February 1999. A two-thirds world that Queensland is a can-do State which majority of delegates is required to secure has all the attributes necessary for the site of agreement to host Expo 2002. The task to an Asia-Pacific headquarters and to secure agreement from a two-thirds majority of development partnerships for investing into BIE delegates will not be easy, and Asia. detrimental comments by those opposite Last week I opened Queensland's first attacking our bid to stage this event will only new sugar mill in more than 70 years. I detract from our efforts and our likely success. congratulate farmers and Bundaberg Sugar for With this in mind, my Government has creating a new multimillion-dollar industry on developed a comprehensive lobbying strategy the Atherton Tableland, with up to 500 direct which will be implemented immediately upon and indirect jobs in the region. We are the Philippines' notification to the BIE of its continuing to support this new industry by withdrawal. The indecision of the Philippines allocating $7.8m to the Atherton Sugar Project makes it extremely difficult for Australia to this year through the Department of Transport pursue its interest in staging the event. The 2812 Ministerial Statement 10 Nov 1998 longer the Philippines takes to withdraw, the attract call centres. For example, the New more difficult it becomes for Queensland to South Wales Government has an agreement undertake the work necessary to stage the with Optus which has helped it to attract call event. My Government will vigorously pursue centres. This Government realised early on the the right to stage this prestigious event in advantages of having such a strategic Queensland in 2002. At the meeting of the partnership, and we have pursued that general assembly of the BIE in November we vigorously. The shame is that we are having to will have a representative who will be privately play catch-up with the other States that have pursuing Queensland's interests at every already formed those strategic partnerships. opportunity. Under this memorandum of In conclusion, I am disappointed by understanding, Telstra will be jointly funding political comments made by both the Leader marketing and promotional activities with the of the Opposition and the Leader of the Queensland Government. Telstra has recently Liberal Party over the past few days that have located a senior manager in Queensland with served only to undermine our bid. I would have the objective of attracting more call centres to thought there would have been bipartisan Queensland. Under the MOU, Queensland's support for this bid similar to that which we network of trade offices overseas will be gave in Opposition. I am disappointed that the utilised, as will Telstra staff overseas. The MOU Opposition is seeking to undermine our bid. also sets out conditions for cooperation Let the people of the Gold Coast know, and let between the two parties. Unlike another MOU the record show, that the Leader of the that has been discussed at some length in this Opposition and the Leader of the Liberal Party place, this one is fully public. In fact, we want sought to destroy our bid to stage Expo 2002 the Queensland public to know about our at Coomera. MOUs. One reason why we are pursuing call MINISTERIAL STATEMENT centres so vigorously is that they offer great advantages for regional Queensland. Already, Call Centres Stellar Communications has chosen Robina on Hon. J. P. ELDER (Capalaba—ALP) the Gold Coast as the home for its call centre. (Deputy Premier and Minister for State But we are working closely with Telstra to Development and Minister for Trade) target regional Queensland. One of the great (9.48 a.m.), by leave: Members of the House advantages for individual companies in would be aware of this Government's efforts to seeking regional areas to locate a call centre is try to attract call centres to Queensland, that the work force is fairly stable. In large cities especially call centres servicing the Asia-Pacific such as Sydney and Melbourne, call centre region. Such centres lock us into a worldwide operators note that there is a high degree of network and, more importantly, provide long- turnover in staff. One element of our strategy term sustainable jobs. is to impress upon companies that in regional On the Gold Coast, I understand that Queensland we have a strong, stable, reliable Stellar is now hiring people to staff its call work force. centre at Robina, which will service the Asia- Several members of this House have Pacific region, while in Brisbane Citibank is now contacted me in regard to making this strategy running a call centre that services its clients in work, and I thank them for their interest and the Asia-Pacific region. We have targeted call determination to help create jobs for their centres quite clearly and deliberately. At this constituents. What we are about is jobs and stage, we are also negotiating with other more jobs, and the memorandum of companies about further operations to follow. understanding, which will be signed today, will The success of these first two call centres that help achieve that, particularly in regional have been attracted under this Government Queensland. will be the impetus for that. Later today, in company with the Premier, MINISTERIAL STATEMENT I will be signing a memorandum of understanding with Telstra which will give us a Australian Film Industry Awards combined marketing effort to try to attract call Hon. M. J. FOLEY (Yeronga—ALP) centres to Queensland. Such a move, frankly, (Attorney-General and Minister for Justice and is long overdue. Most other State Minister for The Arts) (9.51 a.m.), by leave: I Governments have already moved to form a wish to bring to the attention of this House the liaison with a strategic carrier, and having that magnificent achievements of Queensland's strategic link in place has helped them to film and television industry at the 1998 10 Nov 1998 Ministerial Statement 2813

Australian Film Industry Awards last Saturday around the State. Recent production locations night. In particular, I wish to congratulate include the Gold Coast with Komodo at $1.4m, Queensland actor Deborah Mailman, who won St George with Paperback Hero at $4.3m, the Australian film industry's best actress Roma with Mr Pumpkin's Big Night Out at accolade. $800,000 and Mission Beach, which is the site Mr McGrady: Where is she from? of a four-hour mini TV series Tribe, which will spend $3m in Queensland, generating an Mr FOLEY: I note the interjection of the economic impact of $8.6m and creating 84 Minister for Mines and Energy. She is, in fact, jobs. from Mount Isa and is shooting her next film in Yeronga, which is to her great credit. This return mirrors the value of the State Government's $23.4m annual investment in In winning her award, this talented the film and television industry, through its Queenslander has also made history as the Pacific Film and Television Corporation. This first indigenous actor to achieve such $23.4m budget will generate a return of recognition within a highly competitive industry. $120m in production revenue to the State over The film which brought Deborah Mailman such each of the next three years. This means a professional success, appropriately named massive flow-on in revenue, jobs and allied Radiance, brings to the attention of Australian investment in the State, including several and overseas film-makers and audiences not hundred new businesses set up as a direct just a great home-grown talent, but a great result of film and TV production. home-grown location. Radiance was filmed entirely in Queensland at Agnes Water and We must applaud Queenslanders like Hervey Bay. So with this film, Queensland wins Deborah Mailman and all her dedicated not once but twice, as the world becomes colleagues in this important industry for their aware not only of our acting talent, but our contribution to Queensland's continuing unique landscape. national and international success and for the resultant boost to jobs in Queensland's film It is gratifying that Ms Mailman's next film industry. appearance will be even closer to home. In January, she will appear in the Brisbane-made film Bored Olives. This $1m film will be made MINISTERIAL STATEMENT on location in Brisbane, around West End and Nerang-Broadbeach Road within the garden suburbs of the electorate of Yeronga. Hon. S. D. BREDHAUER (Cook—ALP) (Minister for Transport and Minister for Main Mr Connor: How much did you have to Roads) (9.55 a.m.), by leave: I rise on this pay? occasion to take issue with the member for Mr FOLEY: I note the interjection of the Nerang for his abuse of parliamentary privilege member for Nerang. He is quite correct; by making scurrilous attacks in recent Yeronga is rapidly becoming recognised as the parliamentary sittings on a Main Roads public centre of the cultural universe, and I thank him servant. Let me place on the Hansard record for his interjection. that I am appalled at the tone that the Again, this film will showcase Queensland member for Nerang has adopted in his talent. Both its producer Bruce Redman and dealings with public servants in my department scriptwriter Stephen Davis are Brisbane who are endeavouring to do their jobs. residents. Queensland won again at the AFI The attack by the member for Nerang on awards with the success of film-maker Kriv the Main Roads district director over speed Stenders, a former Annerley resident, who won limits on the Nerang-Broadbeach Road is ill- the award for best short fiction film with founded. Decisions on speed limits are not Two/Out. Cairns writer Evan Clarry took yet made in isolation but on the basis of a another award for Queensland, with best recommendation of the Traffic Advisory screenplay in a short fiction film for his script for Committee comprising representatives from Mates. the Gold Coast City Council, Queensland Queensland's outstanding performance at police, Queensland Transport, the RACQ and this year's Australian Film Industry Awards Main Roads. Speed limits are assessed fulfils the glowing predictions of the Australian against Queensland Transport's Guide to the Film Commission, which earlier this year, Application of Speed Controls in terms of the based on our booming production activity, road function, prevailing vehicle speeds and opened an office in Brisbane. Since 1991, other factors, including accident history. $520m has been spent on film and television Road improvements totalling some $4.7m production in Queensland, and this is spread have been undertaken on the Nerang- 2814 Ministerial Statement 10 Nov 1998

Broadbeach Road between Alabaster Drive the Gold Coast City Council's reaffirmation and Hoy Street over the past 10 years, and that it supports upgrading the existing the accident history has improved to an extent road; and that the Traffic Advisory Committee found that indicative costs for the Nielsens Road 70 km/h was the appropriate regulatory speed deviation at $30m whilst upgrading the on this section. I was particularly outraged by existing alignment would cost only $10m. the claim of the member for Nerang that this decision would prompt "renewed slaughter on The Main Roads district director at Nerang the Nerang-Broadbeach Road". For the record, has explained to the member for Nerang and I point out that the road toll on the Nerang- representatives of local residents groups that, Broadbeach Road has fallen dramatically over if duplication does follow the existing the past five years. The attempts by the alignment, the traffic will be further away from member for Nerang to attribute any road residences; quiet road surfacing would be accident to the work of my department is used and, if warranted, landscaped noise irresponsible. mounds and barriers would be built between the upgraded road and the houses. The Let me now turn to the second issue member for Nerang refuses to understand— raised by the member for Nerang, the that Main Roads is required to adhere to preferred alignment for the section of the the public consultation standards and Nerang-Broadbeach Road between Ross guidelines approved by the previous Street and Nielsens Road. Two options have Government; been considered for this upgrading: namely, to upgrade the existing Nerang-Broadbeach that the views of all members of the Road alignment or to construct a new community and of local government must deviation commonly referred to as the Nielsens be considered; and Road deviation. Main Roads has embarked on that departmental officers have a a detailed planning study on both possible legislative obligation to deliver road alignments involving extensive community projects which represent best value in consultation. terms of cost and community needs. On 11 November last year, the Main For the record, the consultation phase on Roads district director met with the member for the Nerang-Broadbeach Road alignment Nerang. At that meeting, the member for between Ross Street and Nielsens Road has Nerang requested that Main Roads not consult now concluded and I am currently considering further with the community but, instead, the department's recommendation as to the proceed with the Nielsens Road deviation preferred alignment. Before I make that because he had told the residents adjacent to decision, I propose to meet with the existing road that the Nielsens Road representatives of key community groups in deviation would be the one followed. On 19 Nerang and, clearly, I will take their views into December 1997, my predecessor the member account. for Gregory noted advice from his department What I will not cop is a continuation of the of the problems that the Department of Main personal attacks on public servants in my Roads was having because of the meddling of department by the likes of the member for the member for Nerang in the consultation Nerang. Parliamentary privilege is an important process for this planning study. For the part of our democratic institutions, but to use it information of members, I table a copy of that to attack a public servant, who has no right of advice and a letter to the member for Nerang reply, is not only clearly inappropriate but also from the former Minister which outlines that a cowardly act. consultation with the community should continue. Mr CONNOR: Mr Speaker, I rise to a point of order. The Minister is misleading the In 1992 the Nielsens Road deviation was Parliament. First of all, a public servant—— considered the preferred route. A number of Mr SPEAKER: Order! This is not a factors have contributed to a need to reassess debate. What is your point of order? the appropriate alignment for upgrading the Nerang-Broadbeach Road. These include— Mr CONNOR: That anyone has the right of reply if they have been—— the findings of the Carrara/Merrimac flood Mr SPEAKER: Order! There is no point of plain study; order. The Honourable the Minister? the outcome of a court case between the Mr CONNOR: I did not mislead the developer and the Gold Coast City Parliament. The public servant in question had Council; misled the public—— 10 Nov 1998 Ministerial Statement 2815

Mr SPEAKER: Order! You are debating Government response to this critical situation. I the issue. now table a report: Future Directions for School Mr CONNOR:—and had lied to the public. Based Management in Queensland State Schools. This report includes details of a $28m Mr SPEAKER: Order! You are debating initiative aimed primarily at improving literacy the issue. Resume your seat. among our young Queenslanders. We can Mr BREDHAUER: The member for now provide much more help for young Nerang continues with cowardly attacks on Queenslanders who struggle with reading and public servants under privilege. This is all about writing. Most of this $28m will be used to the incompetence of the member for Nerang generate thousands of teacher aide hours in promising some of his constituents a across Queensland, specifically to target particular outcome and then seeking to bully literacy improvement. Teacher aides provide public servants into delivering that outcome. valuable one-to-one assistance with children in Mr CONNOR: Mr Speaker, I find the that vital stage when they are learning to read. remarks of the Minister untrue and offensive. I Importantly, this initiative goes further and did not promise Nielsens Road. The previous provides funds in other areas which have been Minister, Labor Minister Hamill—— identified by school communities as pressure Mr SPEAKER: Order! Are you asking for a points. As a result, there are funds for deputy withdrawal? primary principals, who will have a role in curriculum leadership, and there are also funds Mr CONNOR: I ask for it to be withdrawn. I set aside for schools needing extra grounds find it offensive and untrue. care and administrative officer support. In total, Mr SPEAKER: Order! The Minister will the new funding arrangements will support the withdraw the words that the member finds employment of 675 full-time equivalent offensive. positions. Mr BREDHAUER: I withdraw. This is all Further, the report details new funding about the incompetence of the member for arrangements for every school in Queensland. Nerang in promising some of his constituents a Unlike the old elitist Leading Schools program, particular outcome, then seeking to bully public which led schools up the garden path, these servants into delivering that outcome. new arrangements are both fair and equitable and do not favour one school over another. I Mr CONNOR: Mr Speaker, I rise to a point would urge members to look closely at the new of order. That is the same as what the Minister funding arrangements so they can see that said before. I find it offensive and I have asked Leading Schools is dead. These grants do not for it to be withdrawn. The previous Labor rely on schools tying themselves to a particular Minister, David Hamill, made the promise—not method of school-based management. Now, me. schools across Queensland will get a grant Mr SPEAKER: Order! You have asked for based on their enrolments, and subject to it to be withdrawn. Minister? change as a result of those enrolments. Mr BREDHAUER: I withdraw, Mr Speaker. Grants will also recognise any special needs a I am sorry; I forgot where I was up to. I was not school has. sure which bit the member found offensive. I Finally, also included in this report are can guarantee the people of Nerang a fair and details of three options of school-based logical outcome—something that the member management which are being proposed by for Nerang has no interest in delivering. Education Queensland. This is the result of consultations with parents and teachers. Fifteen groups of stakeholders were involved in MINISTERIAL STATEMENT the process, with 1,140 people participating in Literacy and Numeracy in Schools focus groups and over 8,000 different Hon. D. M. WELLS (Murrumba—ALP) members of school communities responding to (Minister for Education) (10.03 a.m.), by leave: a survey. I say quite clearly that the Twice this year I have tabled reports prepared Government will not force any school to accept by the School Curriculum Council on literacy any style of school-based management that and numeracy in Queensland. These reports they do not want. At this stage, these three identified dramatic differences between the options are departmental recommendations performance of boys and girls in respect of only. I will inform the House when literacy and numeracy. consultations on these proposals have been concluded and the Government's subsequent Honourable members may recall that I policy decisions have been made on these said I would return to the House with a matters. 2816 Ministerial Statement 10 Nov 1998

MINISTERIAL STATEMENT preparing young people for careers in the Q-Build Apprenticeships building and construction sector. I urge any young person interested in Hon. R. E. SCHWARTEN (Rockhampton— trade training to apply for a Q-Build ALP) (Minister for Public Works and Minister for apprenticeship. As someone who started his Housing) (10.05 a.m.), by leave: I am pleased working life in the building industry, I know just today to announce that Q-Build will next week how valuable that training can be. I look open applications for 140 new apprenticeships forward to welcoming our new apprentices in across Queensland. The 140 new positions are 50 more than our predecessors offered March next year. last year and will cover a range of apprenticeships in the building, construction MINISTERIAL STATEMENT and engineering trades. This intake is one of the largest ever and will play a significant role Violence in Aboriginal and Torres Strait in this Government's jobs strategy. It will also Islander Communities make an important contribution towards Hon. J. C. SPENCE (Mount Gravatt— reducing crucial skills shortages in some areas ALP) (Minister for Aboriginal and Torres Strait of the State. Islander Policy and Minister for Women's Policy and Minister for Fair Trading) The apprenticeships will be offered in (10.07 a.m.), by leave: When the Beattie locations as far north as Thursday Island, west Labor Government came to office four months to Mount Isa and south to Brisbane and the ago, we pledged to the people of Queensland Gold Coast. Applications for the to promote reconciliation, social justice and apprenticeships open next Monday, 16 racial harmony in this State. We pledged to November and close on 27 November. restore a whole-of-Government commitment to Interviews will be conducted during February improving the social and economic well-being and our 140 new apprentices will start work in of Queensland's Aboriginal and Torres Strait early March 1999. Application forms will be Islander population. We pledged to ensure available from Monday at any Q-Build office or that Aboriginal and Torres Strait Islander TAFE college or by accessing the Q-Build people are included in relevant Government home page on the Internet. decision-making bodies and that indigenous The categories in which apprentices will self-determination is advanced. be employed include carpenter, plumber, Recently, a lot of media attention has painter, electrical mechanic, refrigeration been focused on the issue of violence in mechanic, fitter and turner, glazier, joiner, Queensland's indigenous communities, wood machinist and upholsterer. The especially family violence—violence directed at successful applicants will work in one of the 13 women and children. I applaud the attention. It Q-Build regions throughout the State. Because is high time the general community recruitment will be aligned to the level of work understood the issue and confronted it. The opportunities and shortages of apprentices in fact is: domestic or family violence is not a different regions of the State, not all trade subject most of us like to hear about, let alone apprenticeships will be available in every talk about. It is a bit like the disability issue 30 region. years ago, which was kept behind closed This year the Government is making a doors. The issue of violence against women particular effort to encourage applications from and children must be dragged out into the young people who have faced particular stark sunlight so that everyone can see its difficulties in entering employment in the hideous features, confront the perpetrators of construction industry, including women, those this violence and try to extinguish it. with disabilities, Aboriginal and Torres Strait I note that various people have Islanders and those with a non-English suggested that an inquiry should be speaking background. conducted into this issue. However, this In past years there has been intense proposition is not supported by the Aboriginal competition for Q-Build apprenticeships. There community at large. Jacob George, the Chair have often been up to 10 applicants for every of the Indigenous Advisory Council, the available position. That reflects the value of Queensland Government's peak indigenous the training Q-Build offers and the calibre of its advisory body, stated publicly at the Coming tradespeople. At present, Q-Build employs 313 Together conference in Cairns last week— apprentices in the building, construction and "The fact is that Aboriginal and engineering trades. It is justifiably proud of the Torres Strait Islander people know what training it provides and the role it plays in the issues and the problems are, and we 10 Nov 1998 Sitting Hours; Order of Business 2817

are tired of being put under the custody, a total of $31,626,000 was spent by microscope and investigated. It is time for Australian taxpayers on the inquiry. the money to be spent on addressing the The Beattie Labor Government does not problems, not on another inquiry to need another inquiry that will duplicate earlier identify things which have already been work and waste millions of Queensland identified." taxpayers' dollars. What Aboriginal people This view was supported unanimously by the want is Government support in terms of participants at the Community Justice services, infrastructure and community Initiatives Conference, which included over 200 development opportunities to address these delegates, many of whom were elders from problems. Unlike the Opposition, which has remote indigenous communities. given up on Aboriginal issues and jettisoned The Aboriginal Co-ordinating Council has the portfolio altogether, this Government is also publicly declared their unreserved support looking at solutions. I can assure the House to fund action strategies, not another inquiry. that I have put in place a high-level senior To quote the chair, Wayne Connolly, in a letter officer coordination strategy and will keep the to me last week— House informed as that implementation proceeds. "What is needed now is not passive action via a long cumbersome inquiry We do acknowledge the problem of process, but rather positive active action alcohol-related violence in indigenous that can provide direct assistance to communities. We acknowledge that Community Councils to deal with these unemployment, isolation, poverty, the lingering problems." effects of the removal of children, cultural disorientation, dispossession and the decline Queensland's State representative of ATSIC's of traditional law are all part of the reason for National Women's Advisory Committee, Jenny the high levels of violence and alcohol abuse Pryor, has also publicly endorsed my approach in these communities. We do not need to be on this issue and has stated that there is "a psychiatrists to see that violence is often the fair degree of scepticism amongst indigenous last resort for people living with a sense of people about the value of yet another inquiry". hopelessness and despair. This Government is There have been numerous studies, determined to take action across-the- investigations and inquiries into alcohol, board—to address issues of jobs, health, violence and associated problems in remote housing, education, infrastructure, isolation, Aboriginal communities. Many of these reports alcohol abuse, family violence and lack of are still gathering dust on shelves in university opportunities—to take a whole-of-Government libraries or in Government departments. I am approach in order to achieve real outcomes. not about to add a couple more million to the inquiry industry to reveal a problem which has SITTING HOURS; ORDER OF BUSINESS already been extensively studied. My view is that the last thing Aboriginal people need is Sessional Order another group of people sent by the Hon. T. M. MACKENROTH (Chatsworth— Government to look over their fences. If we ALP) (Leader of the House) (10.13 a.m.), by initiate yet another inquiry, we will be leave, without notice: I move— squandering resources in administrative and "That notwithstanding anything bureaucratic processes rather than putting the contained in the Standing and Sessional money directly into the communities—into Orders, for this day's sitting, tomorrow and action rather than talk. Thursday, the House can continue to One highly publicised and well-known meet past 7.30 p.m. inquiry into similar matters was the royal Private Members' motions will be debated commission into Aboriginal deaths in custody. between 6 and 7 p.m. This inquiry was valuable in that it exposed many of the issues surrounding Aboriginal The House can then break for dinner and deaths in custody, including the harmful resume its sitting at 8.30 p.m. effects of alcohol and other drugs in Aboriginal Government Business will take communities. It was initiated by the precedence for the remainder of the day's Commonwealth Government and ran over four sitting except for a 30-minute years. It made 339 recommendations which adjournment debate today and tomorrow Governments around Australia, including and a 30-minute grievance debate on Queensland, are still implementing. Before Thursday." one cent went to reducing Aboriginal deaths in Motion agreed to. 2818 Transplantation and Anatomy Act Amendment Bill 10 Nov 1998

PERSONAL EXPLANATION Second Reading Nerang-Broadbeach Road Mr TURNER (Thuringowa—ONP) (10.17 a.m.): I move— Mr CONNOR (Nerang—LP) (10.14 a.m.), "That the Bill be now read a second by leave: The Minister for Main Roads falsely time." alleged that I made promises to my electorate about Nielsens Road. The previous Labor Australia today is leading the world in Minister, David Hamill, made these promises. I many areas of medicine, such as research, stated that I supported these options. The development and techniques, including organ district director lied to the local residents that transplants. Australia has one of the best the decision to upgrade Nerang-Broadbeach transplant success rates in the world, with Road had not been made before the more than 15,000 Australians receiving organ consultation. I tabled this advice in the or tissue transplants since 1965. In spite of Parliament. He made the assertion that the this, Australia has the lowest rate of organ consultancy was not a sham. I tabled in this donations in the Western World. Parliament a letter which he signed two years Heart, lung, kidney, cornea, pancreas, ago stating that the Nerang-Broadbeach Road heart valves, liver and bone marrow would be the option that would go ahead. He transplants have saved thousands of lives and has the right to reply to this Parliament about increased the quality of life for many this if it is not true. thousands more—the latest milestone achievement in the area of transplantation being the attachment of a cadaver's arm to an NOTICE OF MOTION amputee. Australia, however, suffers from a shortage of organs available for transplant, Privatisation of TAB and Queensland is no different. Kidney and Mr HEALY (Toowoomba North—NPA) liver failure, heart disease, blindness, leukemia (10.15 a.m.): I give notice that I shall move— and many other life-threatening and debilitating conditions can be cured in many "That, given the Resolution passed cases with donor organs and transplant by this Parliament on 22 October which operations, but the lack of donor organs limits said, in part, '... given the importance of the number of people who can be treated, the racing industry of Queensland and leaving some patients on waiting lists for up to particularly the implications of any five years. Twenty per cent of these patients changes to the TAB to the racing industry, will die before a donor organ becomes that the issue of privatisation requires a available. This tragic loss will decrease if we full and informed debate as part of a can increase the availability of donor organs. formal legislative process', this House calls At this moment, more than 3,000 people on the Government to immediately re- in Australia are on waiting lists hoping for open negotiations with the Queensland racing industry on TAB privatisation and organ or tissue transplants. I feel loath to that a report be presented to the House quote an overused phrase, but we have the by Wednesday, 18 November." technology, yet many Australians are dying due to the lack of organ donations. Because of the negative and irresponsible scripts of television medical programs, organ donations TRANSPLANTATION AND ANATOMY ACT have suffered a major setback in Queensland. AMENDMENT BILL These programs gave only one person's Mr TURNER (Thuringowa—ONP) feelings and experience and failed to address (10.16 a.m.), by leave, without notice: I the positive aspects of organ donations. Since move— the telecasting of those programs, organ donations in Queensland have dropped "That leave be granted to bring in a drastically—up to 50% in some areas. The Bill for an Act to amend the number of organs available for transplantation Transplantation and Anatomy Act 1979." has reached a critically low level. Motion agreed to. Queensland at present has no set guidelines for the acquisition of donor organs, and to have a driver's licence marked as an First Reading organ donor is not sufficient. Permission from next of kin is required, and often permission is Bill presented and Bill, on motion of Mr refused by relatives who are distraught and Turner, read a first time. emotional after the death of a loved one. 10 Nov 1998 Private Members' Statements 2819

Other States have created registers and the Scrutiny of Legislation Committee's Alert mechanisms to alleviate the shortage. In July Digest No. 9 of 1998 and move that it be 1996, the South Australian Government printed. established the South Australian Organ Ordered to be printed. Donation Agency to coordinate the process of organ donation. This system is in turn based on the Spanish model, as devised by Dr PRIVATE MEMBERS' STATEMENTS Rafael Matesanz. The rate of 22 donors per Goods and Services Tax million was achieved before the organ donation agency's first anniversary. This is Hon. R. E. BORBIDGE (Surfers double the Australian average of 11 donors Paradise—NPA) (Leader of the Opposition) per million. Only around 1% of people die in (10.22 a.m.): I rise this morning to correct false circumstances which allow for transplantation. statements made by the Premier in regard to In South Australia, medical coordinators who the forthcoming Premiers Conference. I place are usually involved in the intensive care units on the record, as I have done on numerous are able to influence the timing and manner of occasions, that this side of the House, both in the request for organ donations with this Government and in Opposition, will support all method. Very few of the 1% of potential moves to get the best possible deal for the donors are missed. State of Queensland. In fact, there are numerous examples of how this Government It is of the utmost importance that is benefiting from the deals that the coalition Queensland introduces a model designed to Government negotiated with the increase the number of organ donors and we Howard/Fischer Ministry. also need to reassure Queenslanders that the acquisition of organs is good, and necessary, I will tell honourable members a few of and saves lives. Whether Queensland adopts those examples: $103m out of the $120m the Spanish model, or something similar to the available for bonus payments in respect of the South Australian system, or we create our own sign-on for the new Medicare Agreement and system is irrelevant. What we need to do is $65m for Briztram that this Premier walked ensure that as few as possible potential away from. He did not want the $65m in donors are missed. To simplify and help solve Centenary of Federation funding. Another this problem in the immediate future, I will example is the very considerable financial introduce to the Parliament a simple assistance negotiated by the previous amendment to the Transplantation and Government in regard to the Cultural Heritage Anatomy Act that will give legal effect to Trails project, which this Government, marking the organ donor space in the driver's thankfully, has picked up. licence. At present, ticking this box on your We are seeing more of the Labor spin. driver's licence has no legal standing, and in The only reason that Queensland can be in the past, relatives and other persons have trouble at the Premiers Conference on Friday successfully stopped the organ donation is if the current Premier turns Queensland's process. presentation into amateur hour. The Federal Although in the long term Queensland Government has made it clear that the money needs an organ database, the process of collected from the GST will be distributed back starting such a database is a complex task. In to the States on a per capita basis. Taking into the meantime, we can implement this simple account the other commitments given, that measure which will allow people who wish to means that Queensland will be compensated be donors to mark their driver's licence and to for taxes that we do not have. We will be know that, in the unfortunate event they are compensated for not having an FID. We will be killed, their organs can be used to save compensated for not having a bed tax. We will another life. The matter is urgent; the quicker be compensated for not having a fuel tax. The we act the more lives we can save. I commend only reason Queensland will be in trouble on this Bill to the House. Friday is if Mr Beattie messes it up. Debate, on motion of Mrs Edmond, Time expired. adjourned. Legal, Constitutional and Administrative Review Committee SCRUTINY OF LEGISLATION COMMITTEE Mr FENLON (Greenslopes—ALP) Report (10.24 a.m.): As Chair of the Legal, Mrs LAVARCH (Kurwongbah—ALP) Constitutional and Administrative Review (10.22 a.m.): I lay upon the table of the House Committee, I rise at the request of the 2820 Private Members' Statements 10 Nov 1998 committee to inform the House of the plight of sugarcane farmers in far-north committee's progress in relation to our current Queensland, particularly the area from Tully inquiries. Next week we intend to table our north. Declining commercial cane sugar levels report on the preservation and enhancement are threatening the viability of those cane of individuals' rights in Queensland, which farmers, yet the Minister for Primary Industries specifically considers whether Queensland has so far refused to address the problem. should adopt a bill of rights as recommended The Borbidge Government provided $300,000 by the former EARC. We also hope to in seed money in the 1998-99 Budget complete this year a short report on two issues specifically for local research aimed at of electoral reform arising from the Mansfield reversing the declining c.c.s. levels and decision. These issues relate to how-to-vote identifying alternative rotation crops to provide cards and appeals from the Court of Disputed farmers with a much-needed cash flow. Returns. That money was provided to address the Our third inquiry concerns a consolidation problem. I refer members to page 82 of our of the Queensland Constitution. Public Budget Paper No. 2 and to a media release submissions on the former committee's draft dated 15 May 1998. The current Minister legislation have closed and we are currently diverted that money to a program that industry receiving advice on some suggested claims may actually compound their plight amendments to those Bills. We hope to table rather than fix it. The Cairns Post headline of our report on this issue later this year or early 24 September says its all— next year. "Grower ire at mistake on CCS call". Our other current inquiry relates to a Instead of fixing the problem, the review of the Strategic Review of the Queensland Ombudsman. Strategic reviews Minister's only answer has been to attempt to are basically external reviews of the purpose, mislead far-north Queensland cane farmers. The year 1998 has been an atrocious year for organisational structure, strategic direction and those cane farmers with declining c.c.s., record resourcing of the office. The Ombudsman is unseasonal rainfall and poor world sugar an officer of the Parliament and this committee prices. Governments cannot do a lot about the is the conduit through which that accountability weather or world prices, but they can help fix to Parliament takes place. The inaugural problems like declining c.c.s. It is now time for strategic review of the Ombudsman was the Minister to correct his mistake and start conducted by Professor Kenneth Wiltshire and addressing the problem. Perhaps with the his report was tabled in May 1998. We are Mulgrave by-election looming, which the evaluating the recommendations made in the minority Beattie Government desperately report, commenting on other findings of the wants to win so that it can dump both review where appropriate, and evaluating the Independents, the Minister will finally focus on strategic review process. addressing the problem. In yesterday's Cairns We intend to shortly turn our dedicated Post, the Minister's spokesman was already attention to this inquiry by conducting a paving the way for a ministerial backflip. That is substantial amount of research and carefully a flip that both the Nationals and all those analysing submissions received by the northern cane farmers will graciously accept. committee. We hope to meet with Professor Wiltshire and the Ombudsman next month to discuss relevant issues. We will then focus our AUSTA Electric; National Competition Policy energies on conducting the body of this Mr ROBERTS (Nudgee—ALP) important inquiry over Christmas and the early (10.28 a.m.): The Labor Party has a clearly new year. Professor Wiltshire has made 30 defined policy to reconstitute AUSTA by recommendations, some of which relate to reamalgamating the separate generation how this committee's role in relation to the corporations created under the previous Ombudsman should be enhanced. We hope coalition Government. From its public that our review may now be completed in a statements to date, it appears that the timely fashion so that our recommendations Australian Consumer and Competition may assist the Ombudsman in implementing Commission, ACCC, will be a potential any of Professor Wiltshire's recommendations. obstacle to that proposal. If the ACCC stands Time expired. in the way of that initiative, it will be acting against Queensland's and the national interest in terms of Australia's participation in the fast- Sugar Industry growing international market for electric power. Hon. T. R. COOPER (Crows Nest—NPA) In order to compete effectively in this market, (10.26 a.m.): I draw members' attention to the power generators will need a sound financial 10 Nov 1998 Questions Without Notice 2821 and asset base and the financial clout to Philippines is going to withdraw, there may well compete with large multinationals. be an indication by December this year. The Queensland power industry has The problem for Queensland is this: the enjoyed a reputation worldwide for technical longer the Philippines retains the right, the excellence and is ranked highly against world's more difficult it is for us to hold Expo 2002 at best practice standards. That reputation needs Coomera. As the former Premier would know, to be consolidated and used to the best these matters take a great deal of preparation advantage of the industry and Queenslanders. and they require a great deal of organisation, The fracturing of AUSTA into four small infrastructure and construction. It is not easy; it corporations has undermined significantly its is not something that can be done overnight. ability to take advantage of the growing With specific reference to the question international opportunities in power generation asked by the Leader of the Opposition—over a and distribution. In South-East Asia alone considerable period I have been provided with electricity demand is expected to grow by a variety of advice. A number of indications 66,000 megawatts over the next 10 years, and were given to me about how to handle the much of that growth is beyond the capacity of appropriate lobbying in Paris. There were the Government sectors in the affected some suggestions made to me that it was countries. absolutely vital that I be in Paris at the end of This is a major export opportunity that we November, whether the general assembly cannot ignore. Any moves by the ACCC to considered it or not, because they felt that my oppose the reconstitution of AUSTA will be presence is significant—as was the presence anti-Queensland and against the national of the previous Premier—in indicating our interest. I call on the ACCC to back off and determination and our commitment to the bid. leave the future of the Queensland electricity Bearing in mind that there was considerable industry to Queenslanders. doubt as to whether the general assembly would consider the Expo 2002 issue at this Mr SPEAKER: Order! The time for private meeting, the suggestion was also made that I members' statements has expired. should not attend because it may well be seen to be pressuring the Philippines out of holding the Expo. QUESTIONS WITHOUT NOTICE So there were two different pieces of Expo 2002 advice. At the end of the day, I had to make a Mr BORBIDGE (10.30 a.m.): I direct a decision. I have made that decision. I will not question to the Premier. I note the Premier's be attending, but I will be sending a indication today that he will not be attending representative. The reason for doing that is the next meeting of the BIE general assembly that I believe the people of Mulgrave are in Paris on 27 November on behalf of entitled to have a representative in this Queensland's Expo 2002 bid, and I ask: is this Parliament. A by-election will be called, which I because the Premier or his department was will be announcing later today, and that advised that his presence at this BIE meeting electorate will have a representative when this would be counterproductive—so that the Parliament meets again after this two weeks of Philippines could formally withdraw ahead of sittings. any political lobbying—and, if so, when did the Premier receive this advice on which he now says he is acting? How-To-Vote Cards Mr BEATTIE: Since the Philippines Mr BORBIDGE: I refer the Attorney- indicated that they have had some difficulty General and Minister for Justice to the holding Expo 2002, my Government has done Premier's so-called commitment to run a clean everything that it can to secure that Expo for campaign in the upcoming Mulgrave by- Queensland. We have been frustrated by the election, and I ask: what action will he be fact that the Philippines has not withdrawn. taking to support the State coalition's call for all The Philippines has been given the baton by how-to-vote cards to be first cleared by the the BIE and they are entitled to continue with State Electoral Commissioner, or is it the Labor that baton until they formally withdraw. There Party's intention to once again distribute dodgy are certain requirements that the holding and misleading how-to-vote cards? country, that is, the Philippines, has to comply Mr FOLEY: I thank the honourable with by the end of December, which is why it is member for the question. He appears to be anticipated—and I have been provided with blithely unaware that some weeks ago this some advice to this effect—that if the matter was referred by me to the all-party 2822 Questions Without Notice 10 Nov 1998

Legal, Constitutional and Administrative member for Caboolture is: "Bill, you had better Review Committee. I advise the honourable lock your door because they will be on their member that this matter was considered by way." The National Party is desperate. the Court of Disputed Returns. That court I predict that we will see a dirty campaign made observations about possible changes to from the National Party; in fact, it has already the law regarding the second preference cards started. We saw that from the Leader of the that were the subject of a dispute in the Opposition this morning. The Labor Party has Mansfield case before that court. The very never done anything illegal or wrong in relation next day, I referred that matter where it should to how-to-vote cards. The only organisation be considered—to the all-party committee. that has been running around doing secret That is the process that was contemplated by deals is the National Party. Today, I warn the the report of Tony Fitzgerald, QC, as he then people of Mulgrave to beware; they will see was, which recommended the establishment more National Party dirty tricks. of EARC, the Electoral and Administrative Review Committee. In its subsequent reports, Mr BORBIDGE: I rise to a point of order. that body recommended that the No-one on this side of the House is facing consideration of electoral law reform should be criminal charges in Townsville. undertaken in a proper manner by an all-party Mr SPEAKER: There is no point of order. parliamentary committee, in which members of the public can have an input. Mr BEATTIE: I rest my case. Who is the party in the gutter? I again warn the member I suggest that the Honourable Leader of for Caboolture: "Bill, beware the ides of March. the Opposition become more aware of the Beware this Leader of the Opposition. He will actions that have been taken as he appears to be through your door." be several weeks behind the pace of electoral law reform addressed by this Government. In It would be a nice change if we had a fact, he might seek to make submissions to decent by-election where there were no that committee if he has some suggestions shonky deals about preferences and we because the Opposition has representatives actually had some debate about policy. If the on that committee. That is as it should be, Leader of the Opposition wants to talk about because it is important that there be public how-to-vote cards, I say that perhaps we could confidence in our system of electoral law. That do without a few of the how-to-vote cards that is why we have the process in place. I urge the were distributed by the former Liberal member honourable member to get up to date with the for Mansfield. Every one of the how-to-vote process of electoral law reform in this State. cards distributed by the Labor Party has been found by the courts to be legal. My point is very simple: there has been One Nation Preferences no evidence that the National Party has Mr SULLIVAN: I refer the Premier to the learned anything. I suspect that there will be admission by the Opposition Leader, Mr another secret deal as the National Party Borbidge, that it was a mistake for the coalition grovels and does everything that it can to try to to seek second preferences from One Nation win that seat. at the last election, and I ask: what evidence is there that the coalition has learned from its mistake? Stamp Duty on Share Transactions Mr BEATTIE: I acknowledge that Dr WATSON: I refer the Treasurer to the scintillating and intelligent question. As the announcement by the Premier that Courier-Mail picked up, the honourable Queensland would consider abolishing stamp member for Chermside is well known for asking duty on share transactions. In view of the fact intelligent and scintillating questions. I again that in his own press release Mr Beattie thank him for that. The answer is that there is admitted that he discussed this matter with the absolutely no evidence that the Leader of the Treasurer, albeit very briefly, I ask: does the Opposition or the National Party have learned Treasurer support the move by the Premier to any lesson. remove stamp duty on share transactions? If Over the past couple of days, it has been this move is in the best interests of intriguing to listen to the National Party Queensland, why was it not included in his candidate in Mulgrave and, indeed, the recent Budget? National Party organisation. In relation to Mr HAMILL: I thank most sincerely the Mulgrave, not once have they ruled out member for Moggill for his question in relation another deal between the National Party and to this very important matter. In his question One Nation. All I can say to the honourable he actually puts forward two propositions and I 10 Nov 1998 Questions Without Notice 2823 intend to deal with both of them. He asked Mr ELDER: I thank the member for his why the issue of a further reduction in question and I note that he has a very keen marketable securities duty was not included in interest in the long-term viability of the meat the State Budget. I would have thought that industry in this State and the impacts that it the answer to that was very clear. It is for the has on the constituents and workers of his own very same reason that we took the very electorate. I thank him for his efforts in responsible position of not proceeding with developing the new initiative to date. other changes to stamp duty in the State Over the past couple of years it has been Budget, because so much is at stake at the obvious that the State's meat processing forthcoming Premiers Conference in relation to sector had been changing. In fact, when the Federal/State financial relations. Borbidge Government was last in office, it Dr Watson: What's changing it? approached the problem in its usual way: it Mr HAMILL: If the honourable member held an inquiry and then did very little beyond will just give me a go, I will answer. We chose that point. By contrast, we will get on with not to further reduce the State's tax base governing. We will not allow the forces of because we were genuinely concerned that rationalism to roll over the meat industry. The Queensland would be penalised through a member for Moggill, "Professor" Watson, reduction in the State's revenue base in the might say that one should leave everything to carve up of potential GST revenue by the the markets, but we will not leave everything to Federal Government. the markets. If we were to do that, people would lose their jobs. According to the Having said that, I come to the very coalition's own report, 17 abattoirs throughout important issue of marketable securities duty. the State would be closing and some 5,000 It has been the long-held view of the Labor abattoir workers would be looking for jobs. The Party in Queensland that we should do coalition presented that report but did very little everything that we can to foster the financial else. It is no wonder that it is regarded as dead services industry in this State. In fact, the Goss meat within the industry. Government reduced marketable securities duty in return for an agreement with the The fact is that the Labor Government Australian Stock Exchange to bring stock has worked with the industry to develop the exchange services to Brisbane, and we were Queensland meat processing development successful in bringing additional ASX services initiative. The provision of $20m will go a long way to supporting the industry. Over the next to Brisbane at that time. The decision of the three years, that funding will support projects Goss Government to reduce marketable securities duty was warmly received by the throughout the State. The initiative will be financial services industry in Australia. The only driven by the meat industry task force, which groups that were very upset about that will be headed by myself and my parliamentary decision were the New South Wales and colleague Mr Palaszczuk, the Minister for Victorian Governments. Primary Industries, Fisheries and Forestry, whose department and mine will play lead I continue to support any measures that roles. Senior officers of our departments will be we can put in place to further develop given the task of delivering the strategy. That employment in the financial services sector in will allow us to work extremely closely with this State. I personally support the further industry to develop new opportunities and reduction in marketable securities duty. That fresh momentum in an industry that was view was reported last week in connection with shrinking in this State as, in many cases, comments made by myself and the Premier. I industry operations moved to New South further add that the views that were expressed Wales. by the Premier and myself have been Under this plan, the Queensland applauded by the financial services sector Government will exit the ownership of the across the country. Again, the only groups that Queensland abattoirs at Cannon Hill, Ipswich do not seem to like it are the New South and Toowoomba, but not until all commercial Wales and Victorian Governments. arrangements for the users and buyers Time expired. involved in those sites have been put in place. Then we will look at the prospect of redeveloping those sites. The fact is that legal Meat Processing Development Initiative obligations have to be honoured for the clients Mr PURCELL: I ask the Minister for State of those particular sites, and we will meet Development and Minister for Trade to inform them. We will not leave them in the lurch, as the House of moves to support the State's was the case when the former Government meat processing industry? made the decision to exit those sites in 2824 Questions Without Notice 10 Nov 1998

November 1999. That decision was made with The department is also working with local little regard for the industry, with little regard for groups in north Queensland—including the the users of those sites and with little regard Innisfail Future Sustainability Group in the for the buyers involved. The coalition left those electorate of the honourable member for people in the lurch. The industry was at a Hinchinbrook—to analyse local issues and crossroads and the former Government was investigate options for improving farm viability. going to leave it there. The Labor Government Collaborative projects and funding proposals will forge ahead with the industry. We will for 1999 are being developed with major ensure that we maintain a meat industry in the stakeholders. The department has also State. committed resources for marketing studies to I thank those members opposite who identify potential supplementary enterprises in the Wet Tropics. Unfortunately, what has have written to me in relation to the initiative. caused most confusion on the issue of Although the coalition has been critical, it did research into declining c.c.s. levels is that little on this matter. However, some members former Minister Rowell lead canegrowers of the opposite have congratulated us on this Innisfail region in his own electorate to believe initiative and I thank them for that. that there would be a cheque in the mail, but Time expired. this was not the case. Mr ROWELL: I rise to a point of order. What the Minister said is untrue. I ask him to Sugar Industry withdraw his statement about there being a Mr COOPER: I refer the Minister for cheque in the mail. He does not know what he Primary Industries, Fisheries and Forestry to is talking about. the problem of falling commercial canesugar Mr SPEAKER: Order! The Minister will levels in far-north Queensland and to his withdraw the statement. budget allocation providing $300,000 for sugar Mr PALASZCZUK: Mr Speaker, I research, which was later criticised by industry withdraw. as being misdirected. I also refer the Minister to the Cairns Post of Monday, 9 November, In the past week, I asked senior officers of where his spokesman said, "Mr Palaszczuk is the DPI to put in place a strategy that will focus still taking advice on the matter and may specifically on the CCS decline in the area decide the money would be better spent if it from Tully north. Once again, it is very was targeted to the far north." I ask: does the disappointing to find that the Opposition is Minister's budget stand or has the Mulgrave prepared to play political football with a very by-election finally focused his attention on the serious issue for one of the State's most plight of sugarcane farmers in far-north important primary industries. Queensland? Mr PALASZCZUK: The State Government Goods and Services Tax is fully aware of declining commercial Ms BOYLE: I ask the Treasurer: with canesugar levels in cane grown in north reference to the forthcoming Special Premiers Queensland. The Department of Primary Conference on the proposed GST, what is Industries is working with a range of industry Queensland's position in relation to the and research organisations to ensure that distribution among the States of revenues declining yield issues such as c.c.s. decline are raised by this new tax, and how does this investigated. In May this year, the BSES contrast with the views of other Australian announced funding of $1.1m to target c.c.s States and Territories? decline and more recently the Commonwealth Mr HAMILL: The issues before the provided additional funding of $13.45m Special Premiers Conference on Friday are nationally, with c.c.s. decline as an identified vital to Queensland and should be of interest priority. The State Government Budget to all members of this House. When the Prime provided new initiative funding of $100,000 per Minister proposed his goods and services tax, year over three years to support yield decline he promised several things: firstly, that all of research. Those funds are being used by the the revenue generated by the goods and department's Farming Systems Institute to services tax would be allocated to the States support ongoing research to develop solutions and Territories; and, secondly, that State and for both yield decline and c.c.s. decline. In Territory revenues would be guaranteed in the answer to the honourable member's question: introduction period of the GST. In other words, of course this Government has committed there would be a transition period during which $300,000 towards c.c.s. decline investigation. State and Territory finances would be 10 Nov 1998 Questions Without Notice 2825 underwritten by an additional sum of money The guidelines instruct staff to ring the Hervey made available by the Federal Government. In Bay Hospital and talk to the surgeon on call. other words, by making that point he was Staff have also been instructed not to panic if acknowledging that there would be shortfalls in the surgeon is not on site. I table the revenue streams to the States and guidelines, and I ask: why is the Minister Territories—the very thing which the continuing to treat the people of Maryborough Queensland Government warned of before the with contempt by downgrading their hospital, Federal election. Thirdly—and this is critical— and why is she defying a motion passed by the Prime Minister promised that the GST this Parliament which supported maintaining all pool, the money raised by the GST, would be existing specialist services at the Maryborough allocated to the States and Territories Base Hospital? according to principles delivered through the Mrs EDMOND: I would question the date Grants Commission. We want to hold the on that memorandum. Could the member tell Prime Minister to each and every one of those me the date on that memorandum? Like promises. Anything less than that would be a everything else, it is probably way out of date; sell-out of Queensland, because we would be it probably dates back to the time of the put in a situation whereby we would be previous Minister. subsidising the removal of State taxes and charges in other States—taxes and charges Mr Beattie: 1997. that do not exist and have never existed in Mrs EDMOND: Yes, it is probably 1997, Queensland. when the previous Minister went to Hervey Bay and announced proudly that he was going to I am amazed at the gall of the New South halve the services at Maryborough. Wales Government to run full-page advertisements—State of origin rubbish— Mr Beattie: He did. attacking not only Queensland but also South Mrs EDMOND: Indeed, he did. Australia, the Northern Territory and Tasmania. The member is so far out of touch that This represents a push by New South Wales she still does not know what is happening. Just and Victoria to undermine the role of the Grants Commission in this whole question. a couple of weeks ago, when the Premier was This morning I was amazed when the Leader on a visit to Maryborough he announced that of the Opposition hopped up and said, in one we have appointed Mr Mark Robinson as the of his rare utterances on this issue, that he manager of the Maryborough Base Hospital was supporting the distribution of the GST on and health services to start progressing the a per capita basis. That is what Jeff Kennett redevelopment that has been languishing for wants—per capital distribution. We want the years. For how many years did members opposite sit by without doing a thing about it? Grants Commission—— We want to progress the redevelopment. Not Mr BORBIDGE: Mr Speaker, I rise to a only will we do that, we have also announced point of order. The Treasurer is misleading the other special staff appointments directly at the House. He knows full well that I referred also to Maryborough Hospital so that we can the other safeguards. overcome the problem that has been there for Mr SPEAKER: Order! There is no point of years and which we inherited from members order. opposite. For example, staff had to try to cover both hospitals; they were finding that difficult Mr HAMILL: Let the record of the House and refusing to cooperate between the two bear witness to the comments of the Leader of hospitals. the Opposition. He was happy to have per Unlike the previous Minister, I was not capita distribution; we are not. prepared to sit back and do nothing. We have Time expired. been attacking this issue and addressing it. Unlike the member opposite, I have been getting calls from some of the leading Maryborough Base Hospital protagonists up there thanking me for the work Miss SIMPSON: I refer the Minister for I am going to do and saying that the next time Health to guidelines for Maryborough Base I go up there I will have a party with them to Hospital casualty that state— celebrate the fact that we have at last put extra specialist services into Maryborough and "Beginning 14 November 1998 are expanding the range of services available during day hours there will not be a to people at Maryborough. Members opposite surgeon on duty at Maryborough Base do not like the fact that we are expanding Hospital." services at Maryborough in a wide range of 2826 Questions Without Notice 10 Nov 1998 areas and providing the hospital with its own pay. I make it clear today that I am happy to staff specialists. sit down and talk to the racing industry and that I will continue the good relationship I have with Macquarie Bank, but I am not prepared to Privatisation of TAB be ambushed by pressure applied from the Ms NELSON-CARR: I refer the Premier to Courier-Mail or anyone else to waste $2m of reports in the Courier-Mail yesterday in which taxpayers' money—end of story. the State Government was criticised for not Time expired. privatising the TAB, and I ask: can the Premier inform the House of the true situation and whether this criticism is justified? Timber Industry Mr BEATTIE: The House should be Mr FELDMAN: I remind the Honourable informed that on two occasions the Minister for the Premier that my door is always open to talk Tourism, Sport and Racing and I have met about the best options for Queensland and with the racing industry. The last meeting, Mulgrave. I point out to the Honourable the which was approximately two hours' long, was Premier that the current legislative uncertainty held last Thursday night. During those in the timber industry, in particular the discussions my priority was very simply this: to hardwood sector, is stopping investment and make certain that there was not only a future slowing maintenance in an industry that for the racing industry—our fourth biggest employs 17,000 people directly and 14,000 industry in this State—but also that if the indirectly and is worth $1.7 billion to privatisation of the TAB went ahead there Queensland annually, and I ask: what would be sufficient value in it to attract legislative plans does his Government have to investment from the mums and dads in assist the industry and clear up this Queensland. That is what it was about. uncertainty? What I was concerned about at the end Mr BEATTIE: The member for Caboolture of the day in respect of those negotiations was has raised a very serious issue that has been that that was not what was being put. I am the subject of some discussion in Cabinet. In happy to continue to have discussions with the fact, we have established a Cabinet committee racing industry and the TAB to make certain which is currently working on this. Only last that there is a strong future for the racing Sunday at our Community Cabinet meeting in industry and the TAB. There are certain Springwood I was involved in a discussion with matters on which I would not agree. One of the Deputy Premier and the two relevant those relates to a success fee. I ask all Ministers, that is the Minister for Primary Queenslanders today: would they agree with Industries and the Minister for Natural me or would they not when I said to that Resources, in relation to the industry. We are meeting on Thursday night that the currently working on a number of proposals, Government was not prepared to pay a and we are quite happy to brief the member. success fee negotiated by the racing industry As he would understand, these proposals with Michael Byrne from Macquarie Bank but have not yet been finalised, but it is sufficient which was sought to be paid for by the for me to indicate to the Parliament today that Queensland taxpayer if the privatisation went we value this industry, which employs a lot of ahead? I have a lot of respect for the Queenslanders. It is an important industry and Macquarie Bank; it is a very good bank. we are quite happy for one of the Ministers However, if this representative of Macquarie involved in this Cabinet committee—and it Bank was able to convince the Queensland consists of the four of us—— Government to sell the TAB, the Macquarie Bank would have been paid a success fee. Do Mr Palaszczuk: And it's important. honourable members know how much that Mr BEATTIE: That is right. The Minister success fee would have been? $2m! Do for Primary Industries has pointed out the members know who agreed to it? The former importance of this industry to a number of Minister for Racing, Russell Cooper! I have a major provincial cities and towns in this State. letter from the racing industry that spells that We are happy to brief the member opposite as out. we go through this process. However, I want to I am not tabling the letter because it deals indicate to him today that we value this with other consultancy fees, but I am happy to industry and we respect his interest in it. One show the former Minister if he wants to argue of the Ministers will contact him later about it. He agreed to a $2m success fee today—probably the Minister for Primary which would be paid for by the taxpayers and I Industries—to bring him up to date. said that the taxpayers of this State would not Mr Feldman: It's the uncertainty. 10 Nov 1998 Questions Without Notice 2827

Mr BEATTIE: I understand that. That is it safe, let alone maintain it—money that I for one of the reasons that we are moving quickly. one would rather spend on health services in There are certain deadlines which, if I recall the area. We will be progressing it as quickly correctly, will come into effect by the end of as we can. We need to go through all of the this year. We are moving to deal with the issue protocols in relation to that. We will be looking as quickly as we possibly can. The Minister for to see whether there are any alternatives to Primary Industries will bring the honourable developing on the nurses' quarters site and, if member up to date and we will keep him not, I will be going back to the department to informed. see what we can do then.

Nambour General Hospital Elliott Channel Irrigation Scheme Mr WELLINGTON: I refer the Minister for Mr KNUTH: My question is directed to the Health to the fact that last week I held two Minister for Environment and Heritage and meetings with staff from the Nambour General Minister for Natural Resources. I thank the Hospital. At both meetings staff expressed real Minister for replying to my statement made in frustrations with the delay in finalising the Parliament on 26 August 1998 regarding the redevelopment plan for the hospital on land Elliott Channel irrigation scheme. As the including the old nurses' quarters. I and many Minister is aware, this is an important project to in my community support the demolition of the be looked at; it is not one to be taken lightly. old nurses' quarters to make way for the However, unless the Minister can take the time hospital redevelopment. Do the Minister and to visit the concerned horticultural and the Government also support the demolition of agricultural farmers of the Ayr and Gumlu the old nurses' quarters to make way for the areas of the Burdekin delta and listen to what redevelopment and, if so, when is work the farmers have to say to the possible expected to commence? development of high value crop production, he Mrs EDMOND: I thank the honourable will not be able to evaluate the true importance member for the question. I can understand his of this project. I ask the Minister: could he frustration, because redevelopment of the inform the House of his intention to visit the Nambour Hospital has been delayed. It was Burdekin region over this pressing matter? delayed originally by those opposite when they Mr WELFORD: I thank the honourable enacted a freeze on capital works in Health, member for his question. I respect the fact that which caused six months to go by without the honourable member does have concern anything happening. for the irrigators in this area. The Burdekin area Opposition members interjected. depends on good water supply, and the potential for the expansion of this irrigation Mrs EDMOND: Can we have that chorus area has been the subject of much debate in again? The members opposite show no regret the local area for a long time. over it, but we certainly regret that delay and the fact that the delay has gone on and on. As I have indicated to the member, I will So it is with a sense of frustration that our take the opportunity at some time to try to get application to build on the land currently up there and talk to those people. I cannot commit on a date here and now. My schedule, occupied by the nurses' quarters has been like the schedule of all Ministers, is very busy. rejected by the Heritage Council. As I move throughout the State, I take the Prior to putting forward the proposal to opportunity to meet with local groups in areas build in that area, Queensland Health did look that I am visiting. If I have the opportunity to carefully at a range of options. Some of the be in the Burdekin area—as no doubt I will—in land that the department has indicated we the course of my deliberations in relation to should look at contains, I understand, a deep water supply issues, I will certainly make every ravine and is heavily timbered. I have not effort to meet the farmers concerned. actually seen it myself, but I will inspect it. It is a major concern that the Heritage Council has caused this further delay. Elective Surgery Waiting Lists I have asked the department to go back Mrs LAVARCH: I ask the Minister for and look again at every possible option to see Health: can she advise the House as to the if there is anywhere else we can site the new current status of elective surgery waiting lists at building so that we can progress it as quickly Queensland's major public hospitals? as possible. I have had a look at the building; Mrs EDMOND: What a good question! I it is old and it has huge cracks in it. It will cost thank the member for her question and I an enormous amount of money to even make compliment her on her keen interest in health 2828 Questions Without Notice 10 Nov 1998 issues. I am proud to announce that yes, the basket—it was overflowing with legislation, second quarterly elective surgery report was overflowing with decisions that needed to be published just recently, and Labor continues to made. meet its election commitment in that area. Time expired. Unlike the Opposition, we are not hiding these figures; we believe that they should be out there in the public domain. We are not going Sugar and Horticultural Industries through little selective leaks of the good bits Mr ROWELL: I refer the Premier to and hiding everything else, but are putting it meetings that I have attended over the past out there so people know exactly what is three months with his representative in north happening. Queensland regarding the desperate situation Yes, the report did show the usual facing the sugar and horticultural industries in seasonal impact that winter ills and chills had far-north Queensland as a result of the on hospitals around Queensland where, in disastrous wet conditions. To date, no some hospitals, resources had to be directed response has been received from the away from elective surgery to actually treating Premier's Department. Does the Premier people who are sick but not needing intend to provide any support? If so, what surgery—people such as children and the action is intended and when will it occur? elderly who are suffering from serious bouts of Mr BEATTIE: I thank the honourable the flu and respiratory complaints. Even with all member for the question. As he would be of that, the elective surgery statistics showed aware, we are very concerned about the future something else; they showed that Queensland of the sugar industry. That is why on a number hospitals did an increasing amount of elective of occasions I have personally inspected surgery in these three months. In fact, in the canegrowing areas affected by flood damage, three months to October, compared with the both north and south of Townsville, including matching three months last year, 1,700 extra significant parts of the member's electorate. I operations were performed. I think that is a have met with local council representatives. testament to the skills, efficiency and hard work of our health workers around the State. On a number of occasions the Minister for Emergency Services has outlined specific Mr Cooper interjected. programs to assist. As the member for Mrs EDMOND: That is before we have Hinchinbrook knows, there is a completed. The member opposite asked me Commonwealth/State arrangement whereby to remind people that this is following on the Federal funds flow when a certain amount of strategy introduced by Peter Beattie when he damage has been done. Up until then, it is largely a State responsibility. The bottom line is was Health Minister which was republished. He that the Minister for Emergency Services has wanted me to know that it was republished in a put in place the necessary disaster pink form by the previous Minister. The requirements, and money has flowed as a previous Minister did change something: he result. That is the first thing. changed the colour to pink. I have never quite worked out why, but maybe he was confused Mr Rowell interjected. with the pink pages. Mr BEATTIE: That is what has happened We are delighted with the outcome of the and the member knows that. Secondly, in health waiting lists report because it shows that terms of industry generally—and the member we are getting on with dealing with those was fairly general in his question—the Minister waiting lists. We are following the strategy for Primary Industries meets regularly with introduced by Peter Beattie when he was canegrowers and representatives of the sugar Health Minister and which was continued by industry. Whenever I run into them they tell me the member opposite in its pink form. I think it that Henry Palaszczuk is the best Primary is important to know that, while we are doing Industries Minister the State has ever had. The this, what do we have opposite? We have the only concern they express to me is: "For odd couple running around the State, trying to Heaven's sake, never let Russell Cooper work out who is the shadow Health Minister. become the Primary Industries Minister." They They are mincing around, looking for say to me, "Henry Palaszczuk is such a great opportunities wherever they can. The previous farmer's friend. We wish he was a Minister must be getting upset because the canefarmer." He ought to take a bow. member for Maroochydore keeps At a meeting of the United Graziers concentrating on all of those things that he left Association I attended the other day it was in the too-hard basket. The biggest single insisted that Henry lead a delegation to piece of furniture in my office is the too-hard Europe to revive the wool industry in this State. 10 Nov 1998 Questions Without Notice 2829

I had knocked back the trip, but the United This initiative will have multiple benefits. Graziers Association said, "Henry is such a Not only will it enable us to monitor the air great Minister. We want him in Europe quality impacts of the freeway; it will enable us increasing wool sales." So what could I do? I to monitor the impacts of the air shed of the had to agree! I had no alternative. The south Brisbane and Logan area generally. It industry was demanding. It said that it had a will also enable the school community of problem. What did it want to do? It wanted to Springwood High, where the monitoring send in Henry. We are going to look after system has been placed, to enhance its primary industries. We are going to send in science programs, which already involve Henry. Waterwatch, conducted by my department, to monitor water quality in neighbouring creeks and waterways. That school now also has a Air Quality Monitoring world-class, state-of-the-art air monitoring system to monitor air quality in the region. Mr MUSGROVE: My question is directed to the Minister for Environment and Heritage I congratulate the member for and Minister for Natural Resources. I refer to Springwood on the initiative that he has taken the Beattie Government's pre-election and to which this Government has responded. commitment to increase air quality monitoring I congratulate the students of Springwood in south-east Queensland and to the decision State High School who attended yesterday to place a state-of-the-art air monitoring station and who showed a very keen interest in this in Springwood. I ask: what will be the benefits equipment that they will now be able to use to to the residents of Springwood and other monitor air quality, both for their school and for urban areas, including Sunnybank, in south- their community. To have Springwood High east Queensland? students involved in these monitoring programs is not only an investment in the Mr WELFORD: The quality of the air that quality of our future; it is a much-needed we breathe is becoming one of the most investment in theirs. important environmental issues faced by Interruption. Queenslanders in urban areas. I was very pleased to announce yesterday the siting of a world-class air monitoring system in a school in DISTINGUISHED VISITOR the electorate of Springwood. Air quality will be Mr SPEAKER: Order! The Chair wishes to directly assessed by students at that school on recognise the presence in the gallery of the behalf of their community and the people of former member for Port Curtis, Bill Prest. Queensland. Not only does it bring to our future community leaders the very latest Honourable members: Hear, hear! technology; it enables them to incorporate into their studies the science of air pollution QUESTIONS WITHOUT NOTICE monitoring. The neighbourhood monitoring system established at Springwood is part of a Privatisation of TAB new $300,000 commitment to the quality of Mr HORAN: I refer the Premier to an urban living. We are now getting much clearer article which appeared in Saturday's edition of information about the comprehensive range of the Queensland Times entitled "Ipswich racing pollutants throughout the Brisbane region. under threat". In the article the Chairman of This system in Springwood was a direct the Ipswich Turf Club, Dan Bowden, predicts a consequence of the initiative of the member gradual erosion of the district's racing industry for Springwood, who in the recent election if the Queensland TAB is not privatised. The campaign held consultations with the article quotes Mr Bowden as saying— community affected by the expansion of the "As far as Ipswich is concerned, it South East Freeway. The consultation process would be disastrous for the people in full- had been mucked up disgracefully by the time employment in thoroughbred racing previous Government. It was the member for and in all three codes." Springwood who came to the rescue of the I ask: now that the Premier and the Racing Springwood community and responded to its Minister have buckled to union pressure in the concern about the environmental impacts of most extraordinary about-face ever performed that road proposal. Yesterday the member for in Queensland politics, what proposals has the Springwood and this Government were able to Premier put forward to protect the hundreds of deliver on the promise that we made to that Ipswich jobs under threat from New South community during the election campaign and Wales and Victoria as a result of his decision to respond to its concern about air quality. to scrap the privatisation of the TAB? 2830 Questions Without Notice 10 Nov 1998

Mr BEATTIE: I am happy to debate the Mr SPEAKER: Order! I warn the member issue of the TAB here; I am happy to debate it for Crows Nest under Standing Order 123A. tonight. The bottom line is that out of the Mr BEATTIE: So in three years we would negotiations with the racing industry we had to have got nothing back. The Deputy Leader of achieve a fair outcome that meant there was the Opposition might be so inept when it sufficient value for the mums and dads in this comes to financial management as to buy a State to participate in a public float. dud deal like that, but this Government is not. Mr Horan interjected. The former Government never once put it Mr BEATTIE: We are about protecting through Cabinet. jobs. The member for Toowoomba South Mr Cooper: The racing industry wanted it. asked the question; I will give him the answer. Mr BEATTIE: Then why did the member We were about making certain that the TAB not put it through Cabinet? Why did it not go was an attractive float so that mums and dads to Cabinet? It did not go to Cabinet—not once. would invest in it—that it would not be bought simply by VICTab or by New South Wales. Time expired. That is the way it was heading under the Mr Cooper interjected. previous Government. There was no way in Mr SPEAKER: Order! The member for the world we were going to go down that road. Crows Nest will cease interjecting. I have Mr Cooper interjected. warned him already under Standing Order Mr SPEAKER: Order! The member for 123A. This is my final warning for the day. Crows Nest will allow the Premier to answer the question. Numeracy Resource for Primary Schools Mr BEATTIE: I also wanted to safeguard Mrs ATTWOOD: I direct a question to the the country race courses and those in regional Honourable Minister for Education. I Queensland, such as in Rockhampton, Cairns, understand that Education Queensland has Atherton and Mareeba. I wanted to make launched a new maths resource for primary certain that country race clubs had a school students. I ask: is this an area in which go—including the Ipswich area—and that we Education Queensland is taking an active lead had a racing industry with a future. That is in addressing problems? what it was about. Yes, I was tough. Of course we were tough on Thursday night, because I Mr WELLS: I thank the honourable was not prepared to sell out the racing member for her question and note that her industry. very presence here is a tribute not only to her electoral appeal but also to her numeracy. I Mr Cooper interjected. urge honourable members to take an interest Mr SPEAKER: Order! The member for in this important resource, which I launched Crows Nest! last week. This is for young children who are experiencing difficulties with numeracy, Mr BEATTIE: The former Minister, Russell particularly in the early years. This package is Cooper, indicated a range of things to the industry, but it never went to Cabinet. It did not called Support A Maths Learner—Number. It is have Cabinet approval. At the end of the day, a joint initiative of the Queensland Catholic the position was this—— Education Commission, of the independent schools and of Education Queensland. I was Mr Cooper interjected. very proud that those systems were able to Mr SPEAKER: Order! The member for work so effectively together to produce such Crows Nest will cease interjecting. an excellent resource. This is indeed excellent learning material. Those children who have Mr Cooper interjected. tried it already have said to their teachers—— Mr SPEAKER: Order! The member for Mr Schwarten: "We need some more." Crows Nest will cease interjecting. Mr WELLS: "When can we come back Mr BEATTIE: I have not produced the and do some more?" Indeed, there is figures in the House this morning because I do something in this for everybody. I intend to not have them with me. However, I will table this resource for the benefit of produce the figures tonight. The deal that the honourable members opposite. One of these former Minister was doing basically meant that documents contains some patterns containing the sale price of the TAB—what the taxpayer hidden numbers. This will be useful for the got—would be wiped out in three years from Liberal Party when it is working out the the reduction in revenue to the State. consequences of the GST. A couple of pages Mr Cooper interjected. back we have some dots to join. So the 10 Nov 1998 Questions Without Notice 2831

National Party, which is in a bit of a policy drift Federal election, predictably, the price of fuel at the moment, can use that to work out what has risen in many parts of Queensland. its policy is going to be on the next issue that I am informed that in Townsville, 35 comes up. And for the honourable members service station employees have lost their jobs of the One Nation Party, we have something in Ampol/Caltex service stations since pretty simple: some straightforward colouring deregulation. In fact, Ampol/Caltex has taken in. over all the strategic sites in Townsville and As I have told the House before, the has reduced the retail price of fuel by 2c a litre. Government fully endorses the national plan At the same time, the wholesale price has on numeracy. The explicit goal of the national been increased to franchisees by 3c to 4c a plan is that every child leaving primary school litre. So what the oil majors are doing is should be numerate and able to read, write predictable. They are squeezing the margins, and spell at an appropriate level. These and they are squeezing people out of the materials are a significant step forward in the business. Once they have reduced the attempt to achieve that result. Queensland is competition, they will be free to increase the at the leading edge of this. This will be a price of fuel because—and let us not forget Queensland export to other State education this—there is no longer a maximum on the systems. price of fuel in Australia to contain them. The member for Fitzroy would be Minister for Mines and Energy interested in similar reports from Rockhampton which indicate that the wholesale price jumped Mr SANTORO: I refer the Minister for by 4c a litre recently, leaving operators with Mines and Energy and Minister Assisting the about a 2c profit margin. I have talked to Deputy Premier on Regional Development to independent service station owners in recent publicity within the Sunday Mail in Rockhampton who tell me how tough they are relation to the dismissal of a policy adviser doing it. They tell me that they are going to be working within the Minister's electorate office forced out of business and there will be no-one on the basis that his girlfriend was Natalie to buy their service stations from them. Larkins, an ABC reporter. I ask: can the Minister confirm that it was the ABC which first This is an issue for rural and regional broke the story about the Minister's refusal to Queenslanders much more than it is for those wear a seatbelt and his subsequent dealings of us who live in the south-east corner, where with the Queensland Police Service in relation price wars have kept the price of fuel down. to this issue? The only way in which prices will fall in rural and regional Queensland is if service stations Mr McGRADY: This matter is before the close. The oil majors predict that 50% of the court. It is sub judice, and I do not intend to service stations will have to close just to effect comment on it. a 2c a litre reduction in the price of fuel. The real losers out of this deregulation are Fuel Price Deregulation independent small businesses—the family business—in Charleville or Longreach, where Mr PEARCE: I ask the Minister for Fair motorists pay 17.9c more a litre than they do Trading: can she inform the House how the in Brisbane. Commonwealth's deregulation of the petrol industry has affected Queensland motorists? Time expired. Ms SPENCE: All Queenslanders would share the member's abiding interest in the School-based Management price of fuel because, after all, it affects our Mr QUINN: I refer the Minister for quality of life and the cost of doing business in Education to the three options contained in this State. the departmental report he tabled today on When the Federal Government future directions for school-based deregulated the price of fuel on 1 August, we management in Queensland State schools, were told that this would increase competition and I ask: is it not true that there was a further and reduce prices. As I predicted when option in the original report—a fourth answering a question in this House in August, option—which was deleted from the final the oil majors, which have the most to gain report? Is it not true that this fourth option, like from deregulation, did reduce the price for a the other three options, was developed short time before the Federal election to following extensive consultation with schools reward the Howard/Costello team for and key education stakeholders? And is it not deregulating the price of fuel. But since the true that this fourth option was deleted 2832 Matters of Public Interest 10 Nov 1998 because of vested union interests at the deep bores—from the collection of overland expense of further choice for our schools? flow into ring tanks that are pushed up onto Mr WELLS: A vast number of different the blacksoil plain—there is now a network of options were considered, including a fourth, those major blacksoil ring tanks in place—and fifth and sixth option. The final version that the from the collection of water from water department came up with as its interim allocations on the Condamine system fed by recommendation was the three-option plan. the Leslie Dam. That departmental recommendation has been The water supply is grossly inadequate. put out for the purposes of consultation. We As I said at the outset, in those areas we have are prepared to talk to anybody about some of the best farming infrastructure, some that—even the honourable member for of best farming families, some of the best soil Merrimac. If other people want to suggest and some of the best climate in the world. other options, we are prepared to take them Those areas produce hundreds of millions of on board. dollars in summer and winter crops in grain, At this stage we have a departmental cotton and horticulture. The opportunity to discussion paper. The honourable member expand that production is absolutely should not get too excited about whether enormous. The opportunity for that expansion option four, five, six or seven was not included. is sitting right underneath our windowsills if only If he feels that there is a particular option to we could do something about the provision of which he would like to ascribe a particular water supply. number, he may suggest it and it will be taken Darling Downs Vision 2000 was formed in on board. If it is a good idea, we will do it, and 1994 and now has about 200 members. Its if it is not a good idea, we will not. aim is to bring to public attention the need for Mr SPEAKER: Order! The time for an adequate, secure water supply for those questions has expired. areas, to promote farming business, to promote the associated value adding and to promote light manufacturing and other MATTERS OF PUBLIC INTEREST industries, such as transport, which go with successful farming that is backed up by Darling Downs Vision 2000; Water Supply irrigation systems. Darling Downs Vision 2000 Mr HORAN (Toowoomba South—NPA) is not only doing that but it has also moved (Deputy Leader of the Opposition) into two major studies. The first study, called a (11.30 a.m.): A wonderful window of conjunctive water use study, is being done in opportunity exists for this State to put in place conjunction with a number of other bodies, an immediate boost to the Queensland including such bodies as the Murray/Darling economy and to the creation of more secure Basin Commission, the Condamine River and permanent jobs and to solve a looming Basin Irrigators Association and the environmental crisis for south-east Queensland Department of Natural Resources. That study and Brisbane. I refer to the visionary and is looking at making the very best use of the practical opportunity that is before this State, available water supply, looking at the strata of which has been proposed by Darling Downs underground water that is available, the Vision 2000, for the piping of water that is reliability of that supply, what is happening to surplus to Brisbane's requirements from the depth of the bores, what is happening to Luggage Point to the Lockyer Valley to provide the overland flow that comes across the secure irrigation and then over the range to Condamine Plain and is collected and pumped the Darling Downs. into the ring tanks and how that water can be The Darling Downs and the Lockyer Valley used as efficiently as possible by the farmers. are some of the most productive farming areas We already have some of the most efficient in the world. They have some of the best soil farming systems on the Darling Downs and in in the world. They have some of the best the Lockyer currently, with farms laser levelled farmers and farming technology in the world. so that all surplus tail water is collected and The results of various crop competitions will recycled into the ring tank to be used again. attest to that. The one problem that is holding The most efficient systems involve using water back both the Darling Downs and the Lockyer probes, measuring the amount of water and is the lack of availability of adequate, secure timing the water programming so it is used to water supply. The water supply in the Lockyer its absolute best advantage. comes from a system of creeks, weirs and The other study that the Darling Downs shallow bores. The water supply in the downs Vision 2000 is involved in is a study funded by is a combination of water taken from the previous Minister for Natural Resources, Mr bores—which, in many cases, are now very Lawrence Springborg, who provided funding 10 Nov 1998 Matters of Public Interest 2833 for a study examining the prospects of new the State to the north-west, which are water. We are very pleased to see that that thousands of kilometres long. There are water study is continuing to receive the support of pipelines in central Queensland that are Honourable Minister Welford. That report is associated with the mining projects. Recently a expected to be completed by some time in water pipeline was constructed by the coalition February or March next year. That report Government from the Wivenhoe Dam to examines the options for new water, Tarong over the medium-height range that particularly for the downs and the Lockyer intersected that pipeline. The Toowoomba City area. In the past, options have been Council, which is servicing a city some 2,000 suggested, such as the Clarence River system feet above sea level on top of the Great option. It had been suggested that some 2% Dividing Range, lifts the water for Toowoomba to 4% of the floodwater of the upper Clarence and some of the surrounding shires 400 be diverted through a 30-kilometre tunnel to metres from the Cressbrook Dam to the top of dam systems on the New South the Great Dividing Range and then pumps it Wales/Queensland border to augment the along that range to Mount Lofty on the Condamine flow. Other aspects have been northern side of Toowoomba. The proposal is considered, such as the fact that currently the an engineering exercise that is readily Wivenhoe Dam has considerable surplus of achievable, with equivalent projects already in water that will not be required for many years. place throughout the rest of the State. In the interim, that water could be pumped by Adequate corridors are available to bring the a simple pipeline to Atkinson Dam to provide water supply to the Lockyer and the Darling water to the area of the Lockyer Valley that Downs. Existing service corridors could be needs water desperately. used or a pipeline made of the special The proposal arousing most interest is the polypipe that is manufactured for this sort of proposal to pump surplus treated sewage use could be laid in the centre of the river so it water from Luggage Point in Brisbane and would settle into the mud and silt at the from other outlets in the greater Brisbane and bottom of the river until it exited that area and south-east Queensland area through the followed service lines to the Lockyer and the Lockyer Valley and over the range to the Darling Downs. Darling Downs. That water will be an enormous Everybody would benefit from that project. problem in the future for south-east I call on the Minister for State Development to Queensland, with its rapidly growing have his department, which has been charged population. It is estimated by Vision 2000 that with that sort of major project through its some 150,000 to 160,000 megalitres of water project development and facilitation unit and are pumped into Moreton Bay annually. That its infrastructure unit—which has been brought is having an effect on the seagrass in the bay across from the Co-ordinator General's office— and holds serious environmental concerns for to look seriously at providing further support to the future. According to the Minister's press this proposal. It is a win-win situation for south- release, all councils in south-east Queensland east Queensland, for the Lockyer and for the are facing the immediate upgrade of sewerage Darling Downs. It has the potential to provide plants in the order of $130m in the next three immediately over 1,000 jobs. 100,000 years and more thereafter. They are also megalitres of additional water will provide over considering an upgrade of the waterway 1,000 additional on-farm jobs. In addition, it systems of south-east Queensland, which will would provide the transport, export, light cost something in the order of $2 billion. There engineering and manufacturing jobs that go is a huge problem and a need to take that with production such as that. It will bring water and put it somewhere where it is certainty to contracts, so that farmers could required. That water is needed in the Lockyer; secure overseas contracts for their produce. It it is needed on the Darling Downs. That water would bring about jobs and economic growth. is not wanted in Moreton Bay and it is not The 100,000 megalitres of extra water on the wanted in many of the systems of discharge in downs would also provide another $400m of the south-east corner of Queensland. It makes additional economic growth and development enormous sense to consider proposals to pipe for that region above $100m of direct farm that water to the Darling Downs and the income increase. Lockyer. I call on this Government for some action. That is really an engineering proposal that We are prepared to work on this very important could be described as a very mini Snowy issue in a bipartisan way with local government Mountains Scheme. There are pipelines now and with the State Government through the across the length and breadth of Queensland. current Minister for Natural Resources and There are gas pipelines from the south west of through the Minister for State Development. 2834 Matters of Public Interest 10 Nov 1998

This is a very exciting proposal. It is logical and Mr HORAN: I rise to a point of order. I find practical. It would be a win for south-east the comments that Dr Denaro was moved Queensland, the Lockyer and the Darling objectionable and offensive and I ask them to Downs. Most importantly, it would secure well be taken back. Any move by Dr Denaro was over 1,000 jobs. It would increase our exports. done of his own accord. That exciting proposal sits right before our Mr DEPUTY SPEAKER: There is no point eyes, right under our windowsills, just waiting of order. for some action and drive to make it happen. I strongly recommend, particularly to the Mr HORAN: I found offensive the Minister for State Development, that that insinuation that the doctor was forcibly department gets involved with the project to removed. make it a reality. An honourable member: By whom? Mr HORAN: By the previous coalition Australian Medical Association; Dr M. Scott- Government. Young Mr DEPUTY SPEAKER: It is still not a Mr MICKEL (Logan—ALP) (11.40 a.m.): I point of order. Unless it is personally offensive rise to speak in this Matters of Public Interest to you and you are named, you cannot take debate in relation to the attack on our public exception to it. health system. Four months into a new Labor Mr MICKEL: The fact of the matter is that, Government and already the AMA, the after Dr Denaro raised those concerns, he was "painters and doctor's union", is putting the no longer at that hospital. If that causes some politics back into the health debate. It is time sensitivity to the honourable gentleman, so be to take politics out of health and place the it. That is where the cards lie. Dr Denaro raised focus where it belongs: back on the patients. the concerns and almost a month later Dr For two years under the coalition Government, Denaro was not there. That is the fact of the the current AMA leadership has lain doggo, matter. but now that there is a Labor Government back in town it has come out of its self-induced The other fact of the matter is that under coma. The reason for that, and the reason the coalition Government that hospital that it has always ever been, is that Labor is received only $750,000 for activity growth. On committed to restoring and enhancing the top of that, the old health tax that the member public hospital system. for Toowoomba South was going to bring in was going to tear money out of the recurrent The Goss Labor Government started the funding for the Gold Coast Hospital along with $1.5 billion Hospital Rebuilding Program, the funding for all the other hospitals that were because for decades under previous coalition being rebuilt. That tax would have torn money Governments the public hospital system had out of funding for doctors and nurses. What been neglected. Because the AMA had a cosy did the AMA say about that? Absolutely relationship with the Liberal Party—in fact, it nothing! They were lying doggo the whole controlled most of the preselections—they let time. That was typical of the AMA. public hospitals deteriorate. Of course, the AMA wants people in private hospitals In the 1998-99 Labor Budget—the one because that is where its leadership makes its just brought down—the Gold Coast Hospital money. I remember that, when the Premier received more than $136.8m, and there is was the Health Minister, the Gold Coast AMA extra money still to be allocated for specific leadership was always thumbing through the programs there such as the HIV and AIDS coalition campaign manual looking for new programs. But even without this extra money, ways in which to attack the Labor that is a record allocation for the Gold Coast Government's health funding on the Gold Hospital. It is almost $6.2m more for new and Coast. Yet when the coalition came to office enhanced services than was allocated under and a Dr Charles Denaro at the Gold Coast the previous coalition Government, which had Hospital raised some concerns about that five members representing the Gold Coast, hospital, what happened? Dr Denaro was including the Premier, and yet—— moved out of that hospital! The AMA was A Government member: And nothing for silent while that action took place. them. It is time to consider a few facts in relation Mr MICKEL: Nothing for them. This to the Gold Coast Hospital. Under my friend Government has one member, who is a "Headlines" Horan, the previous coalition Minister, representing the Gold Coast, and she Government allocated simply $750,000. has delivered extra funds for the Gold Coast 10 Nov 1998 Matters of Public Interest 2835

Hospital. Those extra funds include $2.5m for Scott-Young was asked to respond to activity growth. allegations raised by patients, clients and staff. Let me advise the House that, in the first I understand that one of those claims, the four months of this financial year, there has alleged assault of a patient, is currently before been a 14.8% increase in elective surgery the Health Rights Commission. Dr Scott-Young compared with the same time last year. Under is also accused of aggressively and Labor, elective surgery procedures have inappropriately harassing a patient, who was in increased. Those people who had been a shower, over the patient's complaint about suffering under the coalition Government are the cancellation of surgery. It is alleged that now receiving first-class medical treatment at the doctor intimidated a patient's relative in the Gold Coast Hospital because, despite the contacting her by telephone to reprimand her enormous problems and the unfunded for complaining about some aspect of care for promises that were the legacy of the coalition a family member. Furthermore, staff Government, the Beattie Labor Government complaints about Dr Scott-Young's bullying has increased funding for the Gold Coast behaviour in theatre has meant that nursing Hospital. management has had difficulty rostering a full complement of theatre staff for Dr Scott- The AMA leadership on the Gold Coast Young's lists. Having blaggarded the hospital has behaved in a most disgraceful way in its and the Government, Dr Scott-Young owes a attacks on the current Government. Every full explanation to the public for his behaviour. other interest group has acknowledged that The Gold Coast Hospital is a good the recent Labor Budget was essentially the hospital. In fact, it is a great hospital, and we same as the coalition's last Budget. As we are proud of it. It has problems, but the current know, in many instances it was better. On Health Minister is working on ways to resolve Budget day, every group acknowledged that them. The AMA leadership should be looking except the AMA. The most self-serving of at ways in which we can work through this them all has been Dr Matthew Scott-Young. together. I challenge the AMA leadership to He is a locum orthopaedic consultant who put their coalition preselection tickets back in resigned on 28 October, effective immediately. their pockets and work with the Government He claimed that his reasons for his resignation for the good of the community. were multifactorial. I am sure that none of the reasons would have been good enough for As a Government, we deal with many the 11 patients, who between 5 November groups that are not of our political persuasion, and 3 December were booked in for surgery by and we do so in a mature and cooperative him, and whom he has let down. When Dr fashion. Surely to goodness we do not need to Scott-Young resigned, effective immediately, return to the shroud-waving exercises in which all of those operations had to be cancelled. the AMA leadership indulged during the early 1990s. The health debate has moved on and Members could imagine the the AMA leadership should move on with it. inconvenience and mental anguish that those Just because the coalition Government gave 11 people and their families suffered after the AMA $12,000 to run a meeting does not being told that their operations had been mean that it has to be forever in the coalition's cancelled. Those people are like those in my pocket. It is time that the AMA leadership electorate who are facing surgery. They are understood that there are a lot of decent forced to take time off work, they are away doctors out there in the public health system from their businesses, and they must make who work day in and day out and that they do arrangements for the care of their children. In not need to engage in a political exercise other words, a whole series of lives are against an incoming Labor Government—a affected by surgery. However, I commend the Government that has put more funding into staff of the Gold Coast Hospital who, in relation hospitals such as the Gold Coast Hospital, a to this matter, are currently rescheduling all of Government that is trying to rectify the their operations. decades of neglect that it inherited in 1989 and a Government that started the $1.5 billion As for Dr Scott-Young, I say that this is Hospital Building Program which, I might say, the kind of schoolboy stuff we get when a started Stage 4 of the Logan Hospital. There yuppie is shoehorned into the AMA. I will tell are dedicated doctors at the Gold Coast the House about Dr Scott-Young. His petulant Hospital. They do not need the AMA's and arrogant resignation followed formal leadership. requests from the medical superintendent on 30 July and 21 October this year in which Dr Time expired. 2836 Matters of Public Interest 10 Nov 1998

Mr C. Rappolt things be like they used to be?" Charles is a Mr FELDMAN (Caboolture—ONP) (Leader quiet and sensitive man who places a very of the One Nation Party) (11.50 a.m.): Much high value on his family life. At that point he has been written about the reasons for the realised that politics was perhaps too high a departure from State Parliament of Charles price to pay. Charles took the proper and Rappolt. Obviously there are many pressures moral option and chose his family over politics. in politics and even Charles himself admits Charles has apologised to his electors in that, in retrospect, he probably lacks the thick Mulgrave for allowing this media campaign to hide necessary to cope with the rigours deprive them of their chosen representative. involved. However, there is no doubt that However, his motivation has been honourable media pressure was the final straw. throughout. It is an indisputable fact that he The viciousness of the ongoing attacks on did not enter politics for fame or fortune; it was One Nation has its roots in media self-interest. a sincere desire to bring progress to his One Nation opposes the foreign domination of electorate and accountability back to the Australian media and the policies that Government, a concern about declining living allow multinational companies to extract standards generally and a fervent wish to enormous profits from Australia while paying support the mining industry with respect to little or no tax. Therefore, certain sections of native title that encouraged him to hold up his the media and other political parties are hand proudly for nomination. Charles' desire to diametrically opposed to One Nation's policies right some of the wrongs that are having such and philosophies. Some sections of the a destructive impact on our society was the multinational media have used their editorial driving force that led this very private man into columns, for example, to threaten, cajole and the very public arena of politics. plead with their readers not to vote for One The media pressure and the stress it has Nation. Such blatant bias, along with flagrant applied, not so much on Charles but more disregard of their obligations to provide particularly on his family, has forced him out. balanced reporting, has become With the support of over one million commonplace. Australians, One Nation is tough enough to This was never more clearly obvious than withstand such an incredible and blatant during the media campaign against Charles media bias. Charles Rappolt was tough Rappolt and his family, when the Courier-Mail enough to withstand personal attacks, but ignored a Supreme Court injunction and when such attacks destroyed his family and published details of a domestic violence order domestic situation, his priorities and sense of that had almost immediately been withdrawn. values decreed that he should move to protect There is no doubt as to the motive of the those who are so close to him. journalist involved in the Rappolt I remind the House that freedom of assassination. It was certainly not compassion speech is one of the most basic and valuable for Charles' partner, who had quickly withdrawn tenets of society and it must be preserved at the order and was anxious to put the matter all costs. However, with this right comes on behind her so that they could get on with their equally important responsibility, which is to lives. If compassion had been his motive, the respect that right and, particularly in the case journalist would have discharged his obligation of the media, to ensure that reporting is factual to the public to report the matter and would and balanced. The media has enormous have left the couple in peace. However, with power; no-one can dispute that. One can only delusions of adequacy and a pathetic hope that the media decision makers have the penchant for sensation seeking, he pursued moral fibre not to use that power in a the matter with an obsessive fervour that manipulative manner. As journalists decide on resulted in much anguish not only for Charles ethical conduct, they should remember the old but also for Sandra and the family as well. adage: the ethics they choose to live by in this Such was the ferocity of this campaign world are not necessarily those that they that, faced with the prospect of losing custody themselves will be judged by in the next. If of her own children, Sandra was forced to journalists stuck to a debate on the policy withdraw from jointly shared accommodation rather than the person, there would be little that was financially beneficial to her and her complaint. family. That left Charles with the prospect of In closing, before there is any further his 10-year-old son going to live with the lad's speculation, I inform the House that the grandparents. The total destruction of his absence of the honourable member for family situation struck home to Charles as his Barambah is due to a traffic incident that son sobbed in his arms and asked, "Why can't occurred outside Kilcoy some weeks ago. The 10 Nov 1998 Matters of Public Interest 2837 member will again be present in this House creating more unemployed and stripping those when she recovers from her injuries. already unemployed of support or assistance in finding work. In the full knowledge that long- term unemployment robs people of their work Unemployment skills, their confidence and their motivation, Mr BRISKEY (Cleveland—ALP) while also putting them at risk of poverty and ill (11.56 a.m.): I rise today to speak on the most health, coalition politicians have done nothing serious economic and social issue facing the and continue to do nothing to solve the nation and the State: unemployment. Creating problem. They have accepted an above 8% long-term and sustainable jobs is the Beattie unemployment rate as natural. Labor Government's highest priority. This As a community, are we prepared to Government was elected on a commitment to accept the consequences of the conservatives' job security and job creation. Just over one approach? Do we accept that we will forever month ago, the Government brought down a be plagued with an 8% to 9% unemployment Budget that has at its heart significant funding rate? Are we prepared to accept the social for labour market programs and job-creating consequences of locking large numbers of capital works projects. people, often young people, out of paid work, Reducing unemployment has proved a or do we believe that Governments have an very difficult task. The Australian economy has obligation to provide an adequate range of experienced seven consecutive years of opportunities for individuals to participate in growth, but this growth has failed to reduce the working life? unemployment rate below 8%. Employment growth has been insufficient and has failed to High unemployment is not a private make an impact on the level of structural problem, it is a public policy problem, and it unemployment. A rate of 8% unemployment demands that Governments put in place the has become the accepted and what right policies to tackle the problem. If we commentators like to call the "natural" rate of believe we must and should reduce the rate, unemployment. It is argued that a further there is only one answer: set the target and reduction in unemployment levels beyond this get to work implementing both macro and natural rate will engender inflationary micro-level policies aimed at creating jobs. pressures. Targets send signals that we are serious about creating jobs and reducing unemployment. It Since the Howard Government came to makes policy makers and legislators put all of office and gutted the Keating Government's their resources and brain power into finding Working Nation initiatives, there has been no ways to reduce unemployment below 8% while real concerted effort by Governments to tackle not fuelling inflationary pressures. unemployment. In fact, during the recent election campaign, the Federal Treasurer Although it is recognised that the admitted that employment growth had Commonwealth Government holds the primary plateaued. Just last week the new Federal responsibility for addressing employment Employment Minister, Mr Abbott, admitted related issues, State Governments can play an what the Federal Treasurer and the Prime important role, and the Beattie Labor Minister refused to admit during the election Government has committed itself to reducing campaign, that is, that the GST will not fix unemployment in Queensland. This unemployment. Therefore, they have no plan Government is implementing programs that whatsoever. offer the long-term unemployed new skills, work experience and support. For example, The coalition Government's approach to the Government's $282m Breaking the the challenge of reducing persistently high Unemployment Cycle initiative is a targeted unemployment levels has not been to set labour market program which represents the targets or goals for creating jobs, but rather to Beattie Government's commitment to doing redefine unemployment as a private problem. more than just hoping that economic growth In the absence of positive labour market will lead to a reduction in the unemployment programs, the Federal Government has opted level. to place responsibility for unemployment on the individual, stigmatising the unemployed as This Labor initiative also acknowledges dole bludgers and instigating work for the dole that structural economic change has led to a schemes that do not include training and that collapse in the under 21-year-old labour totally neglect the fact that the jobs are just not market. Many entry level full-time jobs have there. Yesterday's announcement of the been lost and, consequently, young people decision to scrap 5,000 jobs from Centrelink are having increasing difficulties finding jobs. only compounds the problem further by Through this program, the most 2838 Matters of Public Interest 10 Nov 1998 disadvantaged in the labour market, the young the Borbidge Government. In 1995, the last unemployed, will be given hands-on year of the Goss Government, 87,800 jobs experience and a chance to enter the work were created compared with only 18,100 jobs force—perhaps for the first time, in many created in the first year of the Borbidge cases. Breaking the Unemployment Cycle Government. As I said, the figures speak for aims to create 24,500 jobs over the next four themselves. Only Labor State Governments years. create jobs at the rates needed to reduce In addition to the Breaking the unemployment. Unemployment Cycle initiative, a $5.4m Governments must be active, and Industry Training Fund for the building and innovative solutions must be found, because construction industry is to be established to the social and economic costs of accepting an employ an estimated 800 to 1,000 additional above 8% unemployment rate as natural are apprentices a year, which will help to ease skill too high to just leave the employment shortages in the industry. These labour market options—or lack of employment options—for initiatives are supported by the Government's over 147,500 unemployed Queenslanders to record public works and infrastructure projects, market forces. As I said in my opening which are intended directly to raise remarks, unemployment is the most serious employment and to increase growth through issue facing this State and nation, and the the positive external effects of public Beattie Government, unlike its predecessor, is investment on private sector output. serious about tackling it. The Capital Works Program in Labor's 1998-99 Budget will provide more than 65,000 Leckie Road Transport Connection; jobs, including 17,800 new jobs and ongoing City/Valley Bypass employment for another 47,800 workers. The Capital Works Program provides communities Mr SANTORO (Clayfield—LP) with essential infrastructure while also enabling (12.05 p.m.): Today I wish to raise in this the creation of jobs and the provision of on- contribution a series of transport matters which the-job training in the highly important building show the indifference, indeed the contempt, of the Beattie minority Labor Government for the and construction industry. The Government wishes and the views of north side residents understands that unemployment creates and in particular residents within my electorate hardships not only for unemployed people but also for their families, friends and the wider of Clayfield. It is a level of contempt that community. surpasses even that demonstrated by the former Goss Labor Government—a level of The reintroduction of the Community contempt for the wishes of the people which Renewal Program, which provides $15m for a eventually saw that Government swept out of full year to revitalise communities hard hit by power, with transport issues playing a very high unemployment, is further evidence of this major and contributing role in that historic Government's commitment to create jobs and political turnaround. support communities. Communities to be supported include Waterford, Eagleby, During recent months the Beattie minority Beenleigh, Leichhardt, Garbutt, Manoora and Labor Government has made transport infrastructure decisions, or has been involved Inala. in the making of such decisions, that will The Beattie Labor Government believes fundamentally affect the residential, social and that Governments have an obligation to create commercial amenity of entire suburbs on the the jobs that are so desperately needed to north side of Brisbane. During this decision- reduce unemployment. This is a stark contrast making process, the Minister for Transport and to the previous Borbidge Government, which his Government have demonstrated an almost had no employment plan. It did not even have absolute disregard for the views of my an employment department and it refused to constituents, for the history of the issues in set targets or goals for creating jobs. Let us question and for me, as the local State not forget that the Budget that members representative. The issues about which I am opposite planned to pass—the May Budget— speaking are the issues of the Leckie Road did not include a $283m Breaking the transportation connection and the City/Valley Unemployment Cycle initiative, to name just bypass, and it is to each of these that I now one of this Government's employment wish to refer in turn. initiatives. Last night I convened a public meeting at The figures speak for themselves. Job the Shaw Sports sporting complex on Shaw creation, as recorded by the trend employment Road, Kalinga. The purpose of the meeting growth figure, slowed to a snail's pace under was to gauge public reaction to the State 10 Nov 1998 Matters of Public Interest 2839

Government's recent decision not to proceed That reassurance by the Minister is worth with the sale of the Leckie Road transportation nothing to my constituents, because as long connection. Honourable members will recall as the properties on the earlier mentioned that the previous coalition Government made corridor remain in Government possession the a decision to honour the 1995 pre-election ability and willingness of any future commitment to sell off this transportation Government to build a major road through corridor and thus remove the threat of a major north side suburbs will be ever tempting. road being constructed through prime Those who attended last night's meeting residential suburbs on the north side of recognised this and overwhelmingly supported Brisbane, including Wooloowin, Kalinga, Eagle the following motion— Junction, parts of Clayfield, parts of Lutwyche "That this public meeting and parts of Kedron. (1) expresses its opposition to the The decision to sell off the properties in construction of the East-west Leckie March of this year saw house and property Road Transportation connection; values in the above suburbs increase and also (2) requests the State Government to provided local residents and retailers with the honour the commitment of the confidence to build on or renovate their previous Coalition Government to sell properties—in most cases their family homes. the Government-owned properties Four of the approximately 60 Government- and to resume the process of sale owned properties were placed on the market. initiated by the previous Government; That number was deliberately small because and of the detrimental impact that the sudden sale of a larger number of properties would have (3) that the proceeds of the sale of the had on local property and house values. properties along the Leckie Road transportation connection be utilised The properties put on sale were located at by the State Government for public 78 Park Road, Wooloowin; 49 Fifth Avenue, housing purposes." Kedron; 18 Arnott Street, Kedron; and 56 It is important to note that there was very Gorman Street, Kalinga. This action clearly strong support for public housing by the demonstrated the previous coalition people who attended that meeting. Of course, Government's decision to honour its 1995 pre- I supported that disposition that the proceeds election commitment to sell off the Leckie should go into funding public housing Road connection. The commitment was initiatives. The Minister for Transport and negated by the new Labor Minister for Minister for Main Roads should take careful Transport and Minister for Main Roads, Mr note of the sentiments expressed in this Bredhauer, when he told the Estimates motion moved at a public meeting and its committee looking into his department on 1 resolution. They represent the first step in the October that— community's renewed determination to protect "The Leckie Road corridor is an its interests and regain peace of mind when it important issue. We have no intention to comes to the threat of major roads being proceed. A number of properties were constructed through its residential suburbs. I indicated for sale ... and bids were made thank the many local residents who attended on those properties. I was subsequently the meeting last night for their overwhelming approached by the Minister for Public support for a cause which I believe is Works and Housing, who indicated to me deserving of much support. The Minister will be that he had a need for some public well advised to listen to the views of my housing, emergency housing, etc. in that constituents. He will be hearing a lot more from area—I am not exactly sure what the them and, of course, from me. needs were. He asked us if we were able I now wish to turn briefly to another major to identify three or four properties in that transport issue which is very controversial on area that we might be able to make the north side of Brisbane, this being the plan available for public housing purposes. by the Brisbane City Council to build the City/Valley bypass. Today the Labor Brisbane In the process, essentially we have City Council administration will formally decide got the best of both worlds, in my view. to approve the planning and construction of Those properties will continue to be used the City/Valley bypass. As I have stated in this for residential purposes, which is an place previously, this decision is being made indication that we do not intend to without any real and meaningful consultation proceed with the east-west corridor, the or involvement of the majority of people within airport motorway corridor." my electorate and surrounding suburbs who 2840 Matters of Public Interest 10 Nov 1998 will be affected by the construction of this "State Government direct or debt major piece of transport infrastructure. funding support for this project is also The majority of my constituents believe essential." that the problems associated with heavy traffic In relation to transport systems—public and through the city and the Valley need to be private—being fully integrated as part of a addressed. However, they will not cop the coordinated transport strategy for the inner-city construction of a major and efficient bypass precinct, again the Lord Mayor went on to which will end on Kingsford Smith Drive and will suggest that very strong State Government dump many thousands more cars onto this support was necessary. road and through the suburban residential That particular piece of correspondence streets which feed onto Kingsford Smith Drive plus much other information contained within from Cooksley Street to the Gateway TAFE freedom of information articles that I have College. received indicate clearly that the Minister for The people who live in this residential Transport and Minister for Main Roads is precinct have not been consulted by either the obviously misleading me and, through me, the Brisbane City Council administration or its people whom I seek to represent with as much specialist consultants. They were not asked to effectiveness as I possibly can. The role of the be involved in the environmental impact study State Government is essential in terms of or, indeed, provided with information in relation putting that bypass through. As I said, my to this project from day one. It has only been constituents are prepared to consider transport through the efforts of the extremely and road infrastructure options, but they need hardworking local action committees, to be treated with respect and courtesy and Councillor Graham Clay and me that over they need to be consulted. I have written back 2,500 affected residents have been informed to the Minister suggesting that his response is of the plans of the Brisbane City Council and totally unsatisfactory and also misleading. I its silent accomplice, the State Government. again reminded him that this is an issue that very significantly affects my electorate. It is an I refer to the State Government as an issue that cannot be progressed by the accomplice because this project simply cannot Brisbane City Council without very substantial get off the ground unless it has overwhelming technical and financial assistance from this State Government support. Previously in this Government. place, I have mentioned why this is so, including at least three Transport portfolio Any attempt by the Minister or the approvals required covering the impacts of the Government to pass the buck to the Brisbane bypass on State-controlled roads and public City Council is simply not acceptable to me or transportations in railways. I therefore found it to my constituents. As I have warned the surprising that, when I finally received a reply Minister previously in this place, it is my to my representations to the Minister for intention to lead a series of protests, action Transport and Minister for Main Roads—a committees and movements on the north side reply that took at least two months to of Brisbane and to make it very, very come—the Minister said that essentially the uncomfortable for the Government as it seeks City/Valley bypass is a project of the Brisbane to build roads at any cost and, in particular, City Council and I should refer to it for a without consulting my constituents. briefing on the matter. I again say to the Minister that it is This simply is not true and, to prove this important that he treats electors, irrespective of point, I wish to quote from a letter from the which electorate they live in, with courtesy and Lord Mayor, Jim Soorley, to the PCA in decency. People like me need not wait for two response to the latter's 1998 Brisbane City months to receive a reply from the Minister. I Council budget submission. In relation to the remember that, when I was in the position of City/Valley bypass, he says— the Minister, I had a rule that we replied within three weeks comprehensively and in as "State Government support for this satisfactory a manner as possible to major strategic project is essential. The representations that members opposite—and success of the Queensland Government's many of them are now Ministers—made to me Briztram proposal is also dependant on on behalf of their constituents. We should not the implementation of this project." play politics. The consultation should be quick, In relation to the $65m in capital works funding prompt and efficient. Unless that situation is to be provided as part of the Government's redressed, this Government will be seen as extensive capital works commitment to what it is already demonstrating itself to be recapitalise the transport infrastructure of and that is uncaring and unconcerned about Queensland, the Lord Mayor said— the wishes of ordinary people. 10 Nov 1998 Matters of Public Interest 2841

I make the prediction in this place that individual as well as the whole of society. It is eventually it will go the same way as Wayne something that pertains to our being, to our Goss and his Labor Government went in 1995. very gender. While Governments can do a Let us not forget that it was transport issues certain amount, according to the experts in that put many nails in that coffin which literacy, much also rests with the family and eventually led to that Government's electoral the home, and indeed much of this rests in demise. I implore the Minister to be those very vital years before school begins. constructive, to depoliticise this issue and to In response to the Australian situation, engage my electorate and the north side of the Australian committee for the International Brisbane in meaningful consultations. Year of Literacy in 1990 formulated a definition Time expired. of active literacy. It says— "Literacy involves the integration of Literacy and Numeracy in Schools listening, speaking, reading, writing and critical thinking; it incorporates numeracy. Mr FENLON (Greenslopes—ALP) It includes the cultural knowledge which (12.15 p.m.): I rise to address certain issues enables a speaker, writer or reader to arising from the report to the Minister for organise or use language appropriate to Education, the Honourable Dean Wells, on the different social situations. For an Statewide performance of students in aspects advanced technological society such as of literacy and numeracy in Queensland in Australia, the goal is an active literacy 1995, 1996 and 1997. In doing so, I also which allows people to enhance their applaud the Minister's massive funding boost capacity to think, create and question, in aimed at literacy which will see Queensland order to participate effectively in society." schools receive a $28m funding package, primarily for teacher aides. Indeed, this is what It used to be the case that as long as people teachers really want out there; they want help, had enough literacy to function at the level of not further testing. I know that testing has a society in which they operated then that would role in terms of finetuning the resource be satisfactory. In 1998, with issues allocation decisions in relation to each school, surrounding rapid changes in the workplace, but this is exactly what teachers, parents and greater competition for jobs, multiskilling and school communities in general have been the expectation that a person will change jobs calling for—help directly in solving the an average of seven times in their working problems. This sort of help with teacher aides lives, the role and importance of literacy skills is really hitting the nail on the head. cannot be underestimated. First, a number of issues raised in the No longer do we have a situation, as in report deserve particular comment. In 1997 my father's day, where a boy or girl could leave test results of Year 6 aspects of literacy show school at the age of 12 or 13, after finishing that in reading and viewing as well as writing, the Scholarship year, walk into a factory or an the performance of boys is markedly below the apprenticeship—or, as in my father's case, the performance of girls. Similarly, the Lakes Creek meatworks in Rockhampton— performance of ATSI students is markedly and remain in that job, often never needing to below the whole cohort. Rural students are pick up a pen or a book, for the rest of his or below, to a large extent, the performance of her working life. Young people are staying at the whole cohort in reading and viewing and school because they now have no choice. are markedly below the performance of the Employers and society at large are demanding whole cohort in the area of writing. As a result more diverse literacy, more efficient of these findings, a research study into communication and more flexibility and identifying alternative and authentic pathways adaptation in the workplace. for developing greater competency in literacy I now turn to the factors marshalled and numeracy skills for the student groups against the possibility of widespread literacy identified as at risk will take place in 1999. The improvement in our schools. First, one of the outcomes of this research will inform syllabus most reliable indicators of a child's literacy and source book development. success has been the education level of the The report tabled by the Minister reflects mother. This is the greatest single correlate the changing face of literacy demands and with the literacy level of children. In the early concerns in society in general. It is not too years, when attitudes and performances are broad a statement to declare that literacy being formed, the mother's interaction with the demands go to the heart of how we view child can shape a lifelong love of learning, ourselves—as citizens, as men, as books and writing. This is not to say that men women—for literacy is, in fact, an issue for the should not become involved in the early role 2842 Matters of Public Interest 10 Nov 1998 modelling of literacy habits; however, this boys, even in the subject areas that are and statistic reveals that in our so-called advanced have been traditionally male. One has to technological society women are still the spend only five minutes in any school primary care givers, resulting in this sort of playground to hear the derisive epithet "you're correlation. just a girl" delivered by boys to other boys. The message from this is that dads Gilbert's research shows that many boys should get out there and read to their kids. associate being good at school and Dads have a much more important role in this academically bright with being quiet and process of reading to kids than we ever unsociable and with "being a girl". This trickle- considered. More importantly, kids have to see down effect continues into career choices. dads read to their kids, and particularly to Men do not go into teaching—especially boys. It is about time the Wally Lewises and preschool or primary teaching. Therefore, role the Alfie Langers dropped the footballs for a models of men valuing education and while and took the book out onto the field. It is transmitting cultural knowledge are largely about time more prominent people, role absent in the early school years. models in our society, took a greater role in In a section "Responses to findings", the showing that they love books, that they love report notes that the effects of socioeconomic reading and that they do read to their kids. background of students and schools had not I am very happy to reveal the book I am yet been reported upon. School authorities are currently reading to my daughter at bedtime. I attempting to establish a common index for think I am enjoying it more than she is. It is collection of data that would allow valid Finn the Wolfhound, published in 1908 by reporting on the effects of socioeconomic A. J. Dawson. It is a wonderful book which background on students' performance. This certainly indicates the great wealth of children's collaborative effort is progressing. literature that is out there. It shows that When considering ways of solving the parents can enjoy a good read with their kids problems isolated in the report, it is interesting and simply enjoy the wonderful richness of to consider the Belgian Government's decision children's literature. Not only is children's in the early 1990s to increase teachers' salary literature developing in a wonderful way; if we levels. Indeed, this resulted in a very major look hard enough we can see that there is a injection of males into the system. Another wonderful wealth of historical material written solution, according to the Gilberts, is to make for kids. People can really enjoy it. masculinity and gender issues part of the school curriculum in the way sex education has This leads me to the next factor which seems to be acting against boys' success in been incorporated as a normal part of particular in the area of literacy in schools. Our education today. This may indeed be a way of images of masculinity in 1998 apparently do breaking down the stereotype of the so-called not include for many boys the desirability of heroic male. It is necessary for society at large reading, writing, listening and speaking for the to accept and act upon the notion that men purpose of creative thinking. Rob Gilbert, can be nurturers and carers, just as women Associate Professor of Education at James can be leaders and heroes, and indeed to Cook University in Townsville, says that it is not take up that very important matter of males being a model for these sorts of learning because of insufficient funding during the early activities. The UK Government, in grappling primary years. At the moment, the dominant with a similar situation in its schools, embarked image boys think they have to conform to to in 1997 on a huge advertising program for be male contradicts what the schools offer. literacy skills aimed at boys. In his recently published book Masculinity Time expired. Goes to School, written jointly with Pam Gilbert, also an Associate Professor in Education, the topic of masculinity is Disability Services considered. The Gilberts maintain that the Mr TURNER (Thuringowa—ONP) heroic tradition associated with men and boys (12.26 p.m.): The Disability Act of 1992 aimed puts enormous pressure on boys to be special, at facilitating community access for people with leaders, courageous and so on. Even our top- a disability. While most of the sections in this level sportsmen are reporting that fear of Act have gone a long way to improve the failure or of losing a match is superseding their quality of life for the disabled, there are enjoyment of the game. sections of this Act that are no longer Academic success is seen by many boys workable. The Disability Act of 1992 is a six- these days as something which only nerds do, year-old Act and, along with our subsidy because so many girls are now overtaking the scheme, is ready for review and update. 10 Nov 1998 Trading (Allowable Hours) Amendment Bill 2843

With the constant research and buy quality products from overseas and then development and with the inventions being dismantle and rebuild them to specific needs. produced today, the mobility aids and We have the materials and the expertise to equipment that are now available to people manufacture top-quality mechanical aids here with a disability have made areas of the in Queensland. We only need to raise the Disability Act outdated and redundant. The standards to ensure that people with a word "disabled" should never be linked with disability who rely on these medical aids for the word "incapable", yet certain sections of mobility can do so with confidence and safety. the 1992 Disability Act have rendered many of Not only do these people suffer a crippling our people with a disability incapable of disability; our laws and subsidy scheme are fulfilling their ambitions to better themselves crippling their ability to participate in community and their lifestyles—an ambition that the abled activities. I am not talking about a couple of take for granted. people or even a few but about many people Our subsidy scheme and rules governing with a disability who wish to go back into the eligibility for assistance are other areas which work force as a paid worker or a volunteer to need to be addressed and changed to contribute their knowledge, their experience, accommodate the growing number of people their capabilities and their skills for the with a disability who are now able to enter the betterment of themselves and the community. work force and community activities with the I therefore suggest that the Minister review the use of electronic wheelchairs and scooters. A subsidy for electronic wheelchairs and scooters wheelchair or scooter is as necessary for the immediately. Let us get these citizens back physically disabled as a pair of shoes is for you into the community as soon as possible. or me, but the price of any motorised conveyance for the disabled is so outrageously expensive that no person on a disability TRADING (ALLOWABLE HOURS) pension could ever afford to purchase one AMENDMENT BILL without Government assistance and subsidy. Hon. P. J. BRADDY (Kedron—ALP) Our subsidy scheme restricts the use of (Minister for Employment, Training and electronic scooters to home use. This Industrial Relations) (12.30 p.m.), by leave, restriction has left many people with a disability without notice: I move— with limited access to the community. People "That leave be granted to bring in a who have restricted use of legs, arms and Bill for an Act to amend the Trading hands but who are capable of moving around (Allowable Hours) Act 1990." their homes with the use of crutches and Motion agreed to. wheelchairs currently do not qualify for subsidy of electronic conveyances. An electronic scooter manufactured for use by the disabled First Reading has been specifically designed for outdoor Bill and Explanatory Notes presented and use. It is able to travel comfortably and Bill, on motion of Mr Braddy, read a first time. smoothly on most outdoor surfaces and has an ability to climb hills and kerbs with safety, yet under our current subsidy scheme this Second Reading machine is restricted to mostly home use. The opportunity of a person with a disability wishing Hon. P. J. BRADDY (Kedron—ALP) to integrate into the community with the use of (Minister for Employment, Training and an electronic scooter is lost because of the Industrial Relations) (12.31 p.m.): I move— inability to purchase such an expensive item. "That the Bill be now read a second There is very little difference in time." construction between an electronic scooter It is with great pleasure that I introduce to and a ride-on mower, yet the price of an the House this amendment to the Trading electronic scooter is almost twice the price of a (Allowable Hours) Act 1990. The objective of ride-on mower. And with a bit of luck, when the amendment Bill is to amend the Trading you buy a ride-on mower you can get a (Allowable Hours) Act 1990 in relation to shops whipper-snipper thrown in for free. One of the covered by the order Trading Hours— Non- reasons for the very high price of medical aids Exempt Shops Trading by Retail—State to is that the standard for the manufacture of this permit all shops to trade on Monday, 28 equipment in Australia is too low. A lot of the December 1998, and prescribe the closure of medical aids made in Australia are, to quote shops, except in certain designated tourist the users of these aids, "pieces of junk". areas, on Saturday, 26 December 1998. The Therefore, people with a disability are forced to order is made by the Queensland Industrial 2844 Supreme Court of Queensland Act and Another Act Amendment Bill 10 Nov 1998

Relations Commission under its power vested this is a decision to be made of the in it by the Act. employee's own volition; and The necessity for these amendments all employees working on Monday, 28 comes about because of a November 1997 December 1998 are to receive the penalty decision by the former Government to declare rates that may apply to a public holiday as Monday, 28 December 1998 as a public prescribed by the relevant award or holiday in substitution for Boxing Day, which agreement. falls on Saturday, 26 December 1998. The I would also like to make it clear that these decision is not without precedent, as similar amendments will only affect those shops substituted Boxing Day public holidays were covered by the order Trading Hours— Non- declared in 1992, 1987 and 1981. Taken in Exempt Shops Trading by Retail—State. The conjunction with the allowable trading hours trading hours of shops as prescribed in other currently prescribed in the trading hours order trading hours orders applying to motor vehicle made by the commission, this has resulted in yards, caravan yards and wholesale a situation where many retailers and their establishments will remain unaltered by these employees would be expected to work on the amendments. day after Christmas, forgoing the three-day Similarly, the unrestricted trading hours long weekend they would normally have available to other classes of shops, as defined expected to enjoy. in the legislation, on 26 December and 28 Recently, I was approached by the December 1998 will not be altered by these Retailers Association of Queensland seeking amendments. The shops to which I refer are— discussions on these trading hours exempt shops which are classes of shops arrangements. After personal consultation with exempted from trading hours restrictions that association and also with the Queensland based on the desirability of their being Retail Traders and Shopkeepers Association permitted to open at all times. Exempt and the Shop Distributive and Allied shops include chemist shops, bread Employees Association (Union of Employees) shops, newsagents, shops selling cooked Queensland Branch, all parties are in provisions, etc.; and agreement that the amendment Bill now independent retail shops which are small before the Parliament is the best remedy to shops employing less than 20 persons at this situation. I also acknowledge the support any one time or, in the case of an for the legislative change offered by the employer operating more than one shop, honourable member for Clayfield. less than 60 persons at any one time. I turn now to an explanation of the effect This amendment Bill ensures that the of specific amendments in the Bill. On majority of retailers and their employees will Saturday, 26 December 1998, all non-exempt enjoy an uninterrupted break of three days on 25, 26 and 27 December 1998, falling retail shops are to be closed, excluding those immediately after the busiest period of the in certain designated tourist areas. These retail industry's year. While it is a short-term areas, as defined in the relevant trading hours solution applicable only to the order, are: the Brisbane City Heart; Near North Christmas/Boxing Day period for 1998, I would Coast; Sunshine Coast; Gold Coast; Cairns encourage the parties interested in this issue Tourist Area; and Tourist and/or Seaside to begin consultation on a long-term solution Resorts. On that day, the Brisbane City Heart as early as possible in 1999. I commend the will be permitted to trade their normal Boxing Bill to the House. Day hours, and all other tourist areas will be Debate, on motion of Mr Santoro, permitted to trade their normal public holiday adjourned. hours as prescribed by the relevant trading hours order. On Monday, 28 December 1998, which remains the official public holiday, all SUPREME COURT OF QUEENSLAND ACT non-exempt retail shops will be permitted to AND ANOTHER ACT AMENDMENT BILL open for their normal Monday trading hours. Hon. M. J. FOLEY (Yeronga—ALP) These amendments will override any (Attorney-General and Minister for Justice and other provisions of the legislation or the Minister for The Arts) (12.36 p.m.), by leave, relevant trading hours order. It should be without notice: I move— noted that these amendments are made on "That leave be granted to bring in a the understanding, as agreed by the parties Bill for an Act to amend the Supreme consulted, that— Court of Queensland Act 1991 and the Coroners Act 1958." no employee should be compelled to work on Monday, 28 December 1998— Motion agreed to. 10 Nov 1998 Explosives Bill 2845

First Reading among other matters, uniform civil court rules. Bill and Explanatory Notes presented and That Act also provided that the existing civil Bill, on motion of Mr Foley, read a first time. Rules of Court, including the Supreme Court Rules, will expire on 31 December 1998. The Rules Committee has advised that Second Reading the uniform civil court rules will not be ready for Hon. M. J. FOLEY (Yeronga—ALP) approval until at least March 1999. (Attorney-General and Minister for Justice and Accordingly, it is proposed to extend the expiry Minister for The Arts) (12.37 p.m.): I move— date from 31 December 1998 to 30 June "That the Bill be now read a second 1999. If the abovementioned expiry date is not time." deleted and implemented by 31 December 1998, there will be no Rules of Court from 1 The proposed Bill contains technical January 1999. As mentioned above, the amendments to the Coroners Act 1958 and proposed extension of the expiry date for all the Supreme Court of Queensland Act 1991 Rules of Court from 31 December 1998 to 30 which are directed at curing an unintended June 1999 has been requested by the Chief transitional consequence and extending the Justice of the Queensland Supreme Court, expiry date for all Rules of Court. chairperson of the Rules Committee. I Turning to the proposed amendments to commend the Bill to the House. the Coroners Act 1958, certain provisions of Debate, on motion of Mr Springborg, the Justice Legislation (Miscellaneous adjourned. Provisions) Act 1996 made a number of amendments to the Cremation Act 1913, transferred the amended provisions into the EXPLOSIVES BILL Coroners Act 1958 and repealed the Hon. T. McGRADY (Mount Isa—ALP) Cremation Act 1913. These provisions are (Minister for Mines and Energy and Minister scheduled to commence on 1 December Assisting the Deputy Premier on Regional 1998. Development) (12.41 p.m.), by leave, without Under the Cremation Act 1913 and the notice: I move— abovementioned amendments, a body cannot "That leave be granted to bring in a be cremated without a permission and Bill for an Act about explosives, and for certificate to cremate. As from 1 December other purposes." 1998 the preconditions for issuing a permission and certificate to cremate will Motion agreed to. change. Unfortunately, the 1996 amendments did not contain a transitional provision to deal First Reading with the situation where a person dies before 1 December 1998 but the cremation occurs on Bill and Explanatory Notes presented and or after that date. If this situation is not Bill, on motion of Mr McGrady, read a first addressed there will be confusion in the time. funeral industry in relation to the cremation of people who die before 1 December 1998 but Second Reading are cremated on or after that date. The Bill seeks to address this issue by providing that in Hon. T. McGRADY (Mount Isa—ALP) this situation, that is, where somebody dies (Minister for Mines and Energy and Minister before 1 December 1998 but the cremation Assisting the Deputy Premier on Regional occurs on or after that date, the permission Development) (12.42 p.m.): I move— and certificate to cremate can be issued as if "That the Bill be now read a second the 1996 amendments had not been enacted. time." The Bill makes it clear that this transitional The Explosives Bill 1998 is a Bill seeking provision does not prevent the issue of a to replace the existing Explosives Act 1952. As permission and certificate to cremate in such it represents an amendment to the accordance with the amended provisions. existing legislation. Because of the extent of In regard to the amendments to the proposed amendments, primarily as a result of Supreme Court of Queensland Act 1991, the the need to consider easy-to-read legislation, Bill does contain a provision to extend the fundamental legislative principles and current expiry date for all civil and criminal Rules of legislative drafting guidelines, it was Court—from 31 December 1998 to 30 June considered easier to rewrite the legislation 1999. The Civil Justice Reform Act 1998 rather than attempt to amend it. Having said established a Rules Committee to settle, that, the policies, methodology and controlling 2846 Explosives Bill 10 Nov 1998 mechanisms of the existing legislation have and codes of practice are developed by been maintained in this Bill. It is important to both Government and industry note that throughout the review process there representatives; were no submissions questioning the need for the legislation is part of a Government's legislation in this area or the approach observance of its community service adopted. As a link in a chain of national, and obligation; indeed international, set of explosives legislations, significant changes in policy the legislation is complementary to other should be carried out at a national level and legislation and does not duplicate discussions have taken place and continue to requirements established elsewhere; and take place through the conferences of national the materials in question pose a explosives authorities to obtain and/or significant risk to the community and such maintain national uniformity in this area. risk must be properly managed. The purpose of this Bill, as with previous The methodology adopted in this Bill explosives legislation, is to ensure safety for remains the same as the existing legislation. the community from all activities associated The legislation— with explosives, an inherently dangerous class requires the identification of all explosives of materials. These materials, because of their and explosives activities; nature, pose a risk to the general community and an attraction to an undesirable element sets standards for acceptable explosives within the community. Yet they are essential and explosives activities and obligations tools for the community, particularly for a State on those involved; like Queensland which is heavily reliant upon employs a system of authorities to grant its mining and construction industries. It is not approval for, and allow policing of, surprising then that the current use of high acceptable activities; and explosives in Queensland is in the order of provides for an inspectorate with the 250,000 tonnes per annum. An efficient necessary powers to effectively monitor mining industry must have access to a and enforce compliance with competitive, efficient, flexible and innovative requirements. explosives industry and safety legislation needs to be mindful of these needs. Perhaps not surprisingly, the review attracted very few comments from industry or The review of the explosives legislation the community generally and while all was commenced by me in 1993, continued submissions were given due consideration, the under the previous Government and has taken bulk of the changes resulted from an internal considerable time to reach this stage. It review of such things as— involved extensive consultation with fundamental legislative principles; stakeholders and included the following considerations— current drafting guidelines; and the legislation is part of a network of an easy-to-read style. national and international controls on Hence, while it appears as a new Bill, the explosives; significant changes to the existing legislation the legislation should not involve itself with incorporated in the Bill are indeed quite few the business activities of explosives and include the following— industries beyond provisions for safety; (a) The explosives legislation has the legislation, for effectiveness, should general application and hence should adopt a cradle-to-grave type approach promote the establishment of uniform covering a comprehensive range of requirements throughout Queensland. activities including manufacture, The only exemption provided for in the importation, storage, transport, sale, use, legislation is for those explosives under disposal and export; the control of the military services to which the Explosives Act 1961 (Commonwealth) "explosives" represents a broad class of applies. materials including blasting explosives, fireworks, ammunition, reloading powders, (b) The existing explosives legislation flares, toys such as caps for toy guns and provides for appeals against decisions to practical devices such as airbag actuators be made firstly to the Chief Inspector and for cars; thence to the Minister whose decision is final. Such provisions were seen to not the legislation has moved over time to a allow an independent review of decisions form of co-regulation where standards under the Act. The new Bill in Part 7 10 Nov 1998 University of the Sunshine Coast Bill 2847

provides for appeals to a Magistrates To ensure all explosives incidents are Court and outlines how such appeals may subject to investigation, Part 5 of the Bill be processed. In this manner, the powers extends the definition of "explosives incident" to grant, refuse, amend, suspend or to any of the following events involving otherwise deal with authorities under the explosives— Bill are subject to, and are seen to be an explosive is, or appears to have been subject to, appropriate external review. lost or stolen; (c) Given the nature of the materials an accidental explosion, fire or spillage; covered by this Bill, the consideration of a a death, injury or unexpected damage; or person's suitability to hold an authority, granting access to and use of explosives, an unexpected event, with the potential to for example, includes the need to cause any of the above. consider the mental—and, perhaps, In this way, information gained from the physical—state of the applicant. Such investigation of all explosives incidents, matters have been considered by the including "near misses", may be used to Federal Attorney General's Department further improve safety with explosives. with respect to the Disability Discrimination Part 9 of the Bill contains the repeal Act 1992 and found to be consistent with provisions for the existing legislation and also safe workplace requirements. As such, provides for minor consequential amendments protection is provided within Part 8 of the to several other pieces of legislation. In Bill—section 125—to doctors and particular the Police Powers and psychologists who provide information to Responsibilities Act 1997 is amended to the Chief Inspector about a patient's include explosives amongst those things for mental or physical condition, and applies which police can search persons or vehicles despite any duty of confidentiality owed and, as appropriate, take fingerprints. It is by the doctor or psychologist to the logical to include explosives with weapons in patient. This provision is similar to that this context. incorporated in the Weapons Act for Part 10 of this Bill contains transitional similar reasons. provisions and allows for the existing (d) Penalties have been increased explosives regulations to remain in force under significantly—from 84 to 400 penalty the new Act. However, new explosives units—in this Bill to maintain an effective regulations are being drafted and are planned deterrent value and to reflect relativity with to be completed within 12 months. As such, other similar pieces of legislation, e.g., this Part provides for such a limit on the Weapons Act, Workplace Health and introduction of new regulations under this Bill. I Safety Act. commend the Bill to the House. (e) Import/export provisions of the Debate, on motion of Mr Mitchell, existing Explosives Act apply to explosives adjourned. moving interstate as well as to or from overseas. It is considered that, as other UNIVERSITY OF THE SUNSHINE COAST States have similar explosives legislation BILL and controls and such controls are moving towards national uniformity, it is Hon. D. M. WELLS (Murrumba—ALP) no longer required to authorise and/or (Minister for Education) (12.51 p.m.), by leave, monitor interstate movements. Hence this without notice: I move— Bill imposes requirements on "That leave be granted to bring in a import/export of explosives from other Bill for an Act to establish the University of countries only. Crown law has advised the Sunshine Coast, and for other that this is not inconsistent with purposes." Commonwealth constitutional jurisdiction Motion agreed to. over import/export matters. The existing explosives legislation rightly First Reading requires the reporting of explosives incidents to Bill and Explanatory Notes presented and the Chief Inspector to allow the proper Bill, on motion of Mr Wells, read a first time. investigation of such incidents so that a recurrence might be prevented. However it limits the incidents to explosions and fires, and Second Reading only those associated with manufacture, Hon. D. M. WELLS (Murrumba—ALP) transport and storage activities. (Minister for Education) (12.52 p.m.): I move— 2848 University of the Sunshine Coast Bill 10 Nov 1998

"That the Bill be now read a second new institution and the responsibility to time." negotiate with the Commonwealth the This Bill provides for the establishment package of funding due to the institution and and operations of the University of the to forward such funds to the new institution. It Sunshine Coast. Higher education courses required the two institutions to develop a were first offered on the Sunshine Coast in formal agreement under which administrative 1989 by the then Brisbane College of and other services, such as computing and Advanced Education. Teaching first library support, would be provided by the commenced in temporary premises in Queensland University of Technology to the Nambour. As a consequence of the Sunshine Coast University College. Finally, the amalgamation of the Brisbane College of Act provided for a review of the relationship Advanced Education and the Queensland between the two institutions as soon as possible after 10 years from the University of Technology in 1990, the council commencement of the Act. of the Queensland University of Technology assumed responsibility for the provision of The Parliament noted at the time that the university education on the Sunshine Coast. relationship between the two institutions could The "campus" was relocated to the Sunshine be expected to evolve as the new institution Coast Community College of TAFE at developed its own systems and acquired Nambour. senior staff of its own. It also noted that any decision to bring forward this review process The need for a more substantial higher would need to be negotiated between the education facility in the Sunshine Coast region State Government, which has legislative had already been established and was agreed responsibility for the operations of universities, in principle between the Commonwealth and and the Commonwealth, which has primary the State in 1989. A 100-hectare site at Sippy responsibility for their funding. Downs and funding for external works and services were provided by the State The Sunshine Coast University College Government at a total cost of $3.5m. opened for teaching in February 1996 with an Commonwealth capital funding of $9.5m was intake of some 500 commencing students. approved for the construction of the first Since then, it has grown to a total student buildings in 1992 and made available in 1994 body of around 2,000 students. It offers and 1995. bachelor degree awards in three major discipline areas, arts, science, business as well In November 1993, agreement was as graduate course work and research studies. reached between the State and the It has had an annual budget of just over $14m Commonwealth Governments that the new and capital infrastructure worth around $40m facility should be established as a university of which the State Government has provided college. It was to operate under its own some $14m. A feature of its development is legislation but affiliated with the Queensland the construction of buildings which are University of Technology. This arrangement sympathetic to the climate, lifestyle and culture was seen to provide the new institution with a of the Sunshine Coast community. The library high level of control of its own affairs and the building, designed by Sunshine Coast architect freedom to develop its mission in step with the John Mainwaring, was recognised in 1997 by a needs of the region. At the same time, it would national award, the Sir Zelman Cowen award satisfy the Commonwealth's policy that any for the best public building. new campus should be established and developed under the aegis of an established Significant changes have taken place in institution. national higher education policy since 1994. The election of a Federal coalition Government In July 1994, the Sunshine Coast in 1995 has brought a direct funding cut of 6% University College Act 1994 commenced. That to institutional budgets and has left them to Act created an institution which had all the find the costs of much overdue salary normal powers of a university—the power to increases themselves, amounting to a further appoint staff, to determine who and what it cut of around 11%. The cost of higher would teach, to offer a full array of higher education to individual students has risen education awards and to accredit them itself. It significantly in the same period, with Australian had the power to manage its own affairs. It students now funding around one third of the also gave to the Queensland University of cost of their education. At the same time, Technology the responsibility to assist the institutions are being pushed to compete with university college to provide higher education one another for public funds, for the increasing in the region. The QUT had the responsibility number of fee-paying students in our to provide academic quality assurance for the community, and for private support and the 10 Nov 1998 University of the Sunshine Coast Bill 2849 sale of services. It is in this context that the the University of the Sunshine Coast can be Sunshine Coast University College sought an transmitted to the new university without delay. early review of its status as a university college, The Bill also includes some minor believing that its capacity to compete in this amendments to the Central Queensland new environment was unfairly constrained by University Act 1998 and the University of the word "college" in its title and that its soon- Southern Queensland Act 1998. When these to-graduate students, while holding full Acts passed through the Parliament earlier this university degree awards, would be similarly year, it was anticipated that both Acts would disadvantaged by the title "college" attached commence and new governing bodies be to those awards. appointed by a specified appointed date. As a Late in 1997 my honourable predecessor, consequence of the timing of the State the member for Merrimac, commissioned a election, the proclamation of the distinguished panel of interstate academics to commencement of both Acts was delayed advise him on the status of the university beyond the appointed date. This made it college. The review panel found that there impossible to achieve the requirements of the were no academic grounds for the institution legislation in the form in which it was originally not to be accorded the status of a university passed. The amendments in the Bill before and that its staff, academic programs and the House provide for the repeal of section 73 organisational arrangements were all of the Central Queensland University Act 1998 appropriate to the operations of a university. and section 72 of the University of Southern The panel recommended that, if the Queensland Act 1998. These sections are Commonwealth would agree to recognise the replaced with provisions which enable the institution for the receipt of higher education members of the governing councils of both funds under its legislative arrangements—the universities holding office prior to the Higher Education Funding Act 1988—then the commencement of the two Acts to become State should move to provide legislation for members of the councils upon the operations of the institution as an commencement of the two Acts. Their terms of independent university. office are to conclude on a common date. The substance of this Bill is the The Bill which is now before the House, recognition of an institution as a university. the University of the Sunshine Coast Bill, will This is an important occasion for the people of achieve this goal. The Bill repeals the the Sunshine Coast, the education community Sunshine Coast University College Act 1994. and the people of Queensland. The In the process, the requirements of that Act for the institution to be affiliated with another circumstances of the Sunshine Coast institution and to be oversighted by that University are unique. The reconstitution of this institution are removed. This is the key university college as a university is not a precedent for any other campus. To provide purpose of the legislation. The Bill confers on effective higher education, universities must the institution the name University of the have a certain critical mass, both of students Sunshine Coast. This is the name chosen by and of staff. Without a certain level of the governing council of the institution. The Bill population, such as this university has also confers on the new university powers, potentially, university life does not flourish. functions and accountabilities which are Those things which are important adjuncts of virtually identical to those held by other university life such as flourishing clubs and Queensland public universities. These are societies for the student body, a social life for enshrined in Acts passed by the Parliament as the students centred around the university, the recently as March of this year. These Acts opportunity to talk with students from other were supported by both sides of the House at disciplines and thus encounter other views of that time. life, are not luxuries but part of the very One provision which is unique to this Bill is substance of a university education. section 80. While the Commonwealth Academic staff who are by definition Government has agreed to recognise the new specialists in particular fields cannot thrive in university for the receipt of higher education isolation. If a campus is so small that there is funding under the Higher Education Funding only one expert in a particular field, then that Act 1998, this cannot be achieved without academic will have nobody to bounce his or amendment to the Commonwealth legislation. her ideas off and the intellectual life of the This is unlikely to be achieved before April campus and of the State will atrophy. 1999. A provision has therefore been included Obviously, our education policy has to bear in the Bill to ensure that any funds provided to this in mind just as we bear in mind the the Queensland University of Technology for necessity for providing regional opportunities in 2850 Child Protection Bill 10 Nov 1998

Australia's most regionalised State. It is a cultural identity. In this Bill, the paramount matter of getting the right balance. In this consideration continues to be the child's right case, the balance clearly favours the to protection. The Bill places strong emphasis establishment of a full university in the most on accountability in the exercise of authority, rapidly growing regional area of Queensland. I and recognises that both parents and children commend the Bill to the House. have a right to information and to participate in Debate, on motion of Mr Quinn, planning and decision-making about the best adjourned. way to ensure the child's protection. Sitting suspended from 1.02 p.m. to When I was appointed to the Family 2.30 p.m. Services portfolio, I promised swift action to introduce this long overdue Bill, but only after comprehensive consultation. To this end, a CHILD PROTECTION BILL broad consultation process has been Hon. A. M. BLIGH (South Brisbane—ALP) undertaken during the past eight weeks. Thirty- (Minister for Families, Youth and Community six regional consultation forums have been Care and Minister for Disability Services) held, involving over 650 people. Some 600 (2.30 p.m.), by leave, without notice: I move— information kits were distributed to over 500 community organisations and individuals. I am "That leave be granted to bring in a happy to report that this community Bill for an Act about the protection of consultation revealed a positive and children, and for other purposes." enthusiastic response to the Bill. All key Motion agreed to. stakeholders and community groups have indicated substantial support for the principles that underpin the Bill. I am also pleased to First Reading report that the Bill has been shaped by Bill and Explanatory Notes presented and suggestions and submissions made Bill, on motion of Ms Bligh, read a first time. throughout those consultations. As a result of those submissions and the excellent work of my departmental officers, this Bill is a Second Reading substantial improvement on that tabled in this Hon. A. M. BLIGH (South Brisbane—ALP) Parliament by the former coalition (Minister for Families, Youth and Community Government. Care and Minister for Disability Services) Most child protection work undertaken by (2.31 p.m.): I move— officers of my department is carried out without "That the Bill be now read a second the need for specific legislative powers. In the time." majority of cases, action taken to protect Clearly, one of the greatest responsibilities children occurs with the family's consent. of any Government is the protection of children Nevertheless, in discharging their duty to from harm or abuse. I am therefore pleased to protect children from abuse or neglect, introduce the Child Protection Bill 1998, which departmental officers and the police will at provides a modern legislative framework for times need to exercise some of the powers the State to ensure the protection of children conferred in this Bill—for example, when action in a way that recognises the interests, rights is needed to protect a child from immediate and responsibilities of all concerned. The Child risk of significant harm. Protection Bill 1998 will entirely replace the I do not believe that anyone could outdated and limited Children's Services Act sensibly advocate that the protection of 1965. This Act was drafted in a period when children, as one of society's most vulnerable there was little recognition of child abuse as we groups, can be compromised. At the same understand it today. It has an inappropriate time, society rightly expects that the use of emphasis on a reactive approach to child significant powers will be strictly defined and protection and contains orders that are controlled, and that adequate safeguards inflexible, unresponsive and inadequate to should exist against misuse of these powers. I ensure the protection of our children. In am satisfied that this Bill achieves a proper contrast, the Child Protection Bill 1998, balance between access to and accountability developed by the Labor Government, is for these powers. For example, while the Bill innovative legislation that will place provides that a child may be taken into Queensland at the forefront of child protection protective custody in certain defined in Australia. The Bill is underpinned by the circumstances, officers must seek a judicial principles of equity and participation, privacy, order within eight hours of removing the child. I and the recognition of indigenous, ethnic and do not apologise for making this eight-hour 10 Nov 1998 Child Protection Bill 2851 requirement a tight restriction, because the services—that is, children and young people— removal of a child from a family is a significant to be overlooked in this regard. power. While it is desirable that such powers Foster carers play a significant part in be available, they must be subject to helping meet the needs of Queensland appropriate and accountable safeguards. children in care. This Bill recognises their Despite a preference to work important role and contribution by requiring cooperatively with families to protect children, that they be provided with support and training officers of my department must sometimes to assist them in their role. This Bill also seek an order of the Childrens Court to protect recognises and reinforces the indispensable a child without the consent of parents. This Bill role of community agencies in the provision of requires that where these orders are granted child protection services through the inclusion they must be at the least intrusive level that is of a statement of standards for alternative compatible with ensuring the child's protection. care, which articulates expectations about the A range of flexible orders is incorporated within quality of alternative care services. the Bill to ensure this. One such order, an assessment order, is designed to allow a One of the most unacceptable issues child's possible need for protection to be facing child protection in Queensland is the investigated. Under an assessment order, significant overrepresentation of indigenous actions such as access to a child, medical children in the State's care. It is therefore examination of a child and temporary imperative that the Bill entrenches the child protective custody of a child may be placement principle, which requires that authorised by a magistrate or judge. If an departmental officers consult with appropriate ongoing child protection order is necessary, agency or community representatives when further options are provided, including time making decisions about Aboriginal and Torres limited custody and guardianship orders which Strait Islander children, and must ensure the are not currently available. Currently, under the maintenance of indigenous children's cultural outdated Act, all orders have effect until the identity. The inclusion of the child placement child reaches the age of 18 years. principle, which was developed jointly with indigenous Australians, is a key step in By establishing the Forde inquiry into ensuring that atrocities such as those detailed allegations of institutional abuse of children, in the Bringing Them Home report will never this Government has already demonstrated its again occur. commitment to learning important lessons from the past, to ensure the future safety and I have been extremely concerned recently well-being of children in care. Vulnerable by the actions of some media outlets in children—those who are in care because of reporting, often in sensational and explicit abuse or neglect—must not be further fashion, the names and identities of children disadvantaged by treatment they receive while who have been abused by members of their in our care. This Bill places special emphasis own families. Professional child protection on ensuring that this does not occur. Under workers are acutely aware of the damage the Bill, children's living arrangements under caused to children, sometimes only apparent child protection orders are to be reviewed at in later years, when very private information least every six months to ensure that about their family's treatment of them appears standards of care are being met and the on the front pages of newspapers and on needs of children properly addressed. television. While I am supportive of the need to raise awareness of child protection matters This legislation will be the first within and to ensure the freedom of the press, there Australia to incorporate a charter of rights for is absolutely no need for this invasive, often children in care. The inclusion of such a charter simplistic, and irresponsible practice. This Bill in child protection legislation was a introduces hefty penalties for corporations recommendation in the joint Human Rights which publish information about child abuse in and Equal Opportunities Commission and a way which identifies the child in question. In Australian Law Reform Commission report the balance between television ratings and entitled "Seen and heard: priority for children in child welfare, I make no apologies for the fact the legal process". The charter consolidates, in that this Bill comes down squarely on the side an easily understandable and accessible form, of the child's needs. the rights of children and young persons articulated throughout the Bill. For example, I am very proud to introduce this long the Bill respects the rights of children and overdue Bill. It will support my department and young people to have their views taken into its Government and non-Government partners account. It is often easy for the views of those in the difficult and complex work of child at the core of our child protection protection. Despite the antiquity of the current 2852 Residential Tenancies Amendment Bill (No. 2) 10 Nov 1998 legislation, much of Queensland's practice for Islander Policy and Minister for Women's the protection of children is recognised by Policy and Minister for Fair Trading) many as the most advanced in Australia. We (2.41 p.m.): I move— still have a long way to go, but this Bill provides "That the Bill be now read a second the legislative base that will underpin time." excellence in child protection practice well into the future. I introduce to the House the Residential The Bill's implementation will be Tenancies Amendment Bill (No. 2) 1998. The complemented through the establishment of a Bill contains four corrections to sections of the new Child Protection Council. For the first time, Residential Tenancies Act 1994 that were a peak body will exist to provide high-level affected by particular provisions of the advice on child protection matters, Residential Tenancies Amendment Act 1998. incorporating both the Government and non- These corrections are necessary to redress Government sectors. I am confident that the unintended consequences in the relevant four establishment of the council will continue the provisions of the amendment Act. These consultative spirit that has characterised the corrections are minor and technical, and development of this Bill. involve no change to the policy positions announced when the amendments to the Act Finally, I need to make some comment were passed. Their passage is essential in on the issue of resources needed to order to ensure the Act operates as originally implement the intent of this Bill. This was the intended and to ensure changes expected by one concern that was common to all those the residential rental industry are delivered in who commented in the public forums on this full. Bill. It is clear that additional resources will be needed to adequately support the Members will recall that the Residential implementation of this Bill over time. I am Tenancies Amendment Act 1998 was passed confident that these additional resources can with bipartisan support in May of this year. The be sourced to properly implement this amendments to the Act commence on 1 important legislation. December 1998 and apply to all new tenancy agreements signed on or after that date. Queensland's children have waited long During preparation of the Residential enough for legislative reform to ensure Tenancies Amendment Regulation 1998, in protection from abuse. I am therefore pleased mid October, to incorporate standard terms for to introduce a Bill that will deliver this tenancy agreements, it became apparent four fundamental right to our children. I commend minor corrections were required. It was only the Bill to the House. after intensive legal scrutiny of the legislation Debate, on motion of Mr Beanland, that the need for these changes was adjourned. identified. I have acted swiftly and decisively to ensure the necessary changes are brought before the House to be given effect, and that RESIDENTIAL TENANCIES AMENDMENT they will apply from the same date as BILL (No. 2) commencement of the other amendments on Hon. J. C. SPENCE (Mount Gravatt— 1 December 1998. ALP) (Minister for Aboriginal and Torres Strait Islander Policy and Minister for Women's As I mentioned, the Bill contains four Policy and Minister for Fair Trading) corrections. I will speak to each of these in (2.40 p.m.), by leave, without notice: I move— turn. Firstly, the Bill clarifies the provision regarding the maximum rental bond that can "That leave be granted to bring in a be charged for a long tenancy—moveable Bill for an Act to amend the Residential dwellings. The effect of the original Tenancies Act 1994." amendment to the Act on this issue limits this Motion agreed to. provision to apply only to tenancies where the lessor is the tenant's employer. The amendments I bring before the House today First Reading will ensure the intended outcome, expected by Bill and Explanatory Notes presented and all industry and consumer players, is achieved. Bill, on motion of Ms Spence, read a first time. This is for a maximum bond, the equivalent of three weeks' rent, to apply to all long tenancies—moveable dwellings—where Second Reading electricity is individually metered and charged Hon. J. C. SPENCE (Mount Gravatt— in the lessor's name. Secondly, an adjustment ALP) (Minister for Aboriginal and Torres Strait to the water charging provisions is necessary 10 Nov 1998 Dairy Industry Amendment Bill 2853 to clarify that a lessor may pass on costs Debate, on motion of Mr Beanland, associated with tank water delivered by vehicle adjourned. to the premises. This is to apply regardless of whether such water is individually metered or not. DAIRY INDUSTRY AMENDMENT BILL The third correction reinstates a provision Hon. H. PALASZCZUK (Inala—ALP) that has always existed in the Residential (Minister for Primary Industries) (2.47 p.m.), by Tenancies Act—that application to the Small leave, without notice: I move— Claims Tribunal for an abandonment "That leave be granted to bring in a termination order is an urgent application. This Bill for an Act to amend the Dairy Industry was inadvertently omitted from the Act 1993." amendments to the Act in May, when the Motion agreed to. section was replaced. If this correction is not made, lessors/agents seeking an abandonment termination order from the First Reading tribunal would be required to go through Bill and Explanatory Notes presented and dispute resolution as a non-urgent matter Bill, on motion of Mr Palaszczuk, read a first before proceeding to the tribunal. This is time. clearly unacceptable, and hence the need for the amendment to correct this error. Second Reading The fourth and final correction is for an amendment to the provision of the Act that Hon. H. PALASZCZUK (Inala—ALP) currently requires a person instigating a (Minister for Primary Industries) (2.48 p.m.): I dispute resolution request to provide a copy of move— the request to the other party. This was not the "That the Bill be now read a second intention, and a correction is needed to ensure time." this task rests with the Residential Tenancies The purpose of this Bill is to amend the Authority, the independent party charged with Dairy Industry Act 1993. It will implement the resolving the dispute. While this appears to be recommendations of the National Competition a procedural matter of apparently minor Policy review of the Dairy Industry Act 1993 significance, it is the experience of the RTA conducted by the Queensland Dairy that one party notifying directly the other party Legislation Review Committee. It will also give involved in the dispute can inflame the effect to the recommendations of the Supply situation and inhibit successful conciliation. Management Working Group, which The amendment is necessary to avoid a conducted a subsidiary review process to situation where a dispute might escalate, or complement the work of the committee. jeopardise the safety of either party. The Bill will— All sectors of the residential rental industry continue to allow, for a five-year period are expecting the changes to the Act that from 1 January 1999 to 31 December commence on 1 December 1998 to cover the 2003, the setting of a minimum price to situations identified above. The corrections contained in this Bill will ensure these be paid for the purchase of milk from legitimate expectations are fulfilled. These producers and processors for processing provisions are reflected in the community as market milk; and education and promotional materials extend the existing supply management developed by the RTA prior to the corrections arrangements applying in south-east coming to notice in mid October, to enable the Queensland to the entire State's dairy authority to support the industry in adapting to industry for the five-year period. the amendments. In addition, it will make a number of For these reasons, it was necessary to miscellaneous amendments, including ensure these provisions also commence from amendments necessary as a result of 1 December, and so this requires these four deregulation of the dairy industry beyond the corrections to apply retrospectively. The farm gate on 31 December 1998, as changes I propose are essential, and will previously agreed and provided for in the 1993 ensure that all tenancies that commence on or Act. after 1 December 1998 operate within the The provisions relating to price and supply legislative framework agreed between industry, management are seen as critical to the consumers and Government. I commend the continued success of the Queensland dairy Bill to the House. industry. They are the outcome of a very 2854 Dairy Industry Amendment Bill 10 Nov 1998 comprehensive review process and public undertaken of the restrictions on competition in benefit test. However, it is important to realise the legislation. The National Competition Policy that while the requirements of National requirements, of course, arose in April 1995, Competition Policy—NCP—were the initial when the Council of Australian Governments— reason for the review process, Queensland's or COAG as it is known—comprising of the dairy industry continues to be subject to a Commonwealth, State and Territory range of rapidly changing market forces and Governments and the Australian Local these are just as important as NCP in the Government Association signed a set of formulation of the legislation now before this agreements to implement this policy. House. One of the agreements, the Competition These changing market forces have Principles Agreement, requires States to resulted in a climate of uncertainty with respect review any legislation restricting competition to a number of major issues impacting on and undertake a public benefit test to policy determination. They include the NCP ascertain whether any anti-competitive reviews in other States, the scheduled arrangements should be continued or termination of the Commonwealth's Domestic changed. The public benefit test for the dairy Market Support Scheme and the market industry review was conducted by independent changes to follow post farm gate deregulation consultants to answer the question of what the in Queensland from 1 January 1999. In market structure, prices and market shares addition, the severity of the impact of the might be like in the future under both Asian economic crisis on Australian exports of regulation and deregulation. To underpin this manufactured dairy products to this region is analysis there has been widespread public yet to be fully determined. consultation, which included all dairying areas The Asian impact, the termination of the of Queensland, over a 15-month period. Two Domestic Market Support Scheme from 30 issues papers were released, public hearings June 2000 and the fact that Australian dairy were conducted, numerous written exports compete in a world market distorted by submissions were received and there were two export subsidies and import restrictions can all publicly released reports. be expected to exert considerable pressure on The outcome of the consultation is the the Victorian industry to enter fresh milk overwhelming support by the dairy industry— markets in other States. Victoria, as the major both producers and processors—and milk-producing State, is likely to exert a associated rural communities to continue significant influence on the rate and form of legislative arrangements for a transitional industry adjustment, particularly in New South period of adjustment of up to five years. Some Wales and in Queensland. segments of industry wish this to be indefinite Deregulation beyond the farm gate in but, given the industry environment and future Queensland takes effect on 31 December expected adjustments in other States, it is not 1998 in terms of the sunset provisions already practical to determine a longer term position. contained in the Dairy Industry Act 1993. The outcome of the public benefit test These will remove exclusive processor was that a strong case could be put forward to franchise and milk distribution arrangements continue the use of regulation to allow industry as well as milk price control in the wholesale time to adjust to the ongoing rationalisation and retail sectors and will give rise to changes occurring in the dairy industry throughout in the Queensland market from the ensuing eastern Australia. Social and regional impacts competition for market share. were very important in this analysis—and not The New South Wales Government has just economic issues. In economic terms, the recently completed its NCP review and has public benefit test showed that the economic decided to retain a regulated farm-gate price efficiency gains from immediate deregulation and associated supply management were small, whereas significant adjustment arrangements for a five-year period, with a costs are likely to arise, with adverse social and further review by July 2003 or sooner should regional impacts in dairying areas if industry conditions dictate. Victoria will deregulation was imposed immediately. commence its review during this financial year. The Government has accepted the Similar reviews will be undertaken in all overriding conclusion that, while market forces Australia States. will continue to cause adjustment and Against this backdrop, a review of the restructuring within the dairy industry, there is a Dairy Industry Act 1993 was undertaken by the need for a managed transition period to Queensland Dairy Legislation Review provide certainty for industry and to avoid Committee and a public benefit test was adverse impacts associated with immediate 10 Nov 1998 Dairy Industry Amendment Bill 2855 deregulation. Accordingly, the Government milk access cannot be guaranteed. has agreed to continue legislative Competition between processors, for example, arrangements for the pricing of market milk for supermarket supply contracts is likely to purchased from producers and processors and result in changes to processors' market shares, to extend statutory supply management with losses in market milk sales by some arrangements, currently only applying in south- processors and gains by others. These east Queensland, to the entire State. changes could significantly reduce some Consequently, the Bill— producers' incomes and cause adverse provides the Queensland Dairy Authority regional impacts. with continued power to fix a minimum The Bill will ensure that individual price to be paid for the purchase of milk producers continue to receive equity of access for processing as market milk; to market milk sales and ensure that there is extends the existing supply management price and supply certainty for both producers arrangements in south-east Queensland and processors. It will also provide an to the entire State by requiring the important industry adjustment mechanism by Authority to grant market milk giving all producers a tradeable entitlement to entitlements—that is, an entitlement to facilitate internal buying and selling of quota, supply milk for processing as market so that those wishing to stay in the industry milk—to the central and north can become larger and those wishing to leave Queensland dairying areas; can sell. sets out criteria that the authority is to The supply management arrangements take into account to ensure that will not prevent any new producer or processor entitlements are granted fairly, including from entering the industry. They will, however, the provision of appeal rights; protect producers' existing market milk access ensures that producers receive market so that any new producer wishing to enter or milk payments based on the minimum expand must do so by purchasing from the price and a fixed proportion of total existing pool of entitlements. Also, all Queensland monthly market milk sales, processors will be required to pay entitlement and gives the authority a power to make holders the minimum price for milk for directions requiring payments to be made processing as market milk. between processors to enable payment These legislative arrangements will apply obligations to producers to be met; for a transitional period of five years. allows the authority to continue to license Government, however, acknowledges that an producers and processors as a earlier review may be necessary, depending mechanism to support the minimum price upon the rate of change of market forces and and the supply management the outcomes of reviews in other States which arrangements; impact on the Queensland dairy industry. Essentially, the Bill maintains sufficient provides a sunset date of 31 December regulation to protect farmers' existing 2003 for the power of the authority to fix a entitlements and access to the market milk minimum price for the purchase of milk for returns and to continue Government price processing as market milk and the supply setting. However, it must be acknowledged management arrangements; that this will occur within an environment of specifically authorises certain anti- downward pressure on prices as a result of competitive conduct about the minimum competition among processors, market power price and supply management being exercised by the large retailers and likely arrangements for the purposes of the interstate developments. Nevertheless, the Bill Trade Practices Act 1974 (Cwlth); and will provide a great deal of certainty for omits a number of redundant provisions Queensland dairy farmers and stability for the contained in the legislation no longer industry. required after 31 December 1998 when The amendments will not remove market deregulation of the dairy industry beyond signals but will give farmers time to adjust to the farm gate occurs. the changing face of industry at a pace that The need to extend supply management the industry can absorb. The Bill will encourage arrangements arises, in part, from post farm- industry adjustment to assist the industry in gate deregulation. When processor market becoming more competitive compared with area franchises cease on 31 December 1998, interstate suppliers and in response to along with retail milk price controls and overseas market forces. Industry will need to exclusive vendor areas, a producer's market operate in a more market oriented 2856 Primary Industries Legislation Amendment Bill 10 Nov 1998 environment in order to remain an efficient and primary issue of concern is the threat that sustainable industry in the longer term. chemical residues in meat poses to Australia's The Government is acting swiftly and overseas markets. There have been a number responsibly on the dairy industry review after it of serious such threats over the past 25 years was stalled by the previous Government. The as a result of various incidents of avoidable bottom line is that immediate deregulation chemical residue contamination of beef. would have caused enormous upheaval to the The cattle industry nationally has industry with reduced incomes for producers responded to these concerns with a voluntary and disrupted producer access to market milk declaration system—the National Vendor sales. This, in conjunction with the predicted Declaration (Cattle)—in which sellers make and adverse regional impacts, can hardly be seen supply declarations about the chemical as being to the benefit of the community treatments and history of their sale cattle. overall. However, the experience has been that solely The Bill clearly demonstrates that the market driven systems will not always work. Government is committed to improving the Some people will be prepared to cheat on effectiveness and efficiency of Queensland's quality systems in order to seek short-term dairy industry, but never at the expense of profit and, in so doing, place at risk the entire secure employment or a blind faith in National industry. Mistakes made through a lack of Competition Policy. The Bill provides an quality consciousness can have the same outcome justified by the public benefit test, adverse effects. that is, in the best interests of the Queensland There is national agreement to support dairy industry, dairy farmers, their families, the declaration with vendor declaration dependent Queensland rural communities and legislation. The concept involves significant the community overall. I commend the Bill to regulatory penalties for making false the House. declarations, with the deterrent effect from the Debate, on motion of Mr Cooper, penalties adding confidence and general adjourned. rigour to the otherwise voluntary system. The case for Government intervention is the maintenance of viability of the $1.5 billion PRIMARY INDUSTRIES LEGISLATION export-based Queensland beef industry, with AMENDMENT BILL its beneficial flow-on effects to the Queensland Hon. H. PALASZCZUK (Inala—ALP) economy and community generally. (Minister for Primary Industries) (3.01 p.m.), by The Bill will amend the Agricultural leave, without notice: I move— Standards Act in two ways to implement the "That leave be granted to bring in a vendor declaration concept. It will firstly Bill for an Act to amend legislation about broaden the objectives of the Act from its primary industries." current emphasis on standards in relation to agricultural inputs to embrace issues Motion agreed to. surrounding the sale of stock. It will then create a new offence for sellers/vendors of stock to First Reading make false declarations or representations about the stock in relation to specific Bill and Explanatory Notes presented and wholesomeness and product integrity issues. Bill, on motion of Mr Palaszczuk, read a first The Bill will provide for a maximum penalty of time. 100 penalty units, or $7,500, to reflect the seriousness of the underlying issues. Second Reading As I mentioned, the main focus is initially on chemical residues in meat. However, this Hon. H. PALASZCZUK (Inala—ALP) innovative legislation will be flexible enough to (Minister for Primary Industries) (3.01 p.m.): I extend, if necessary, to support other industry move— quality assurance measures that emerge. The "That the Bill be now read a second vendor declaration concept and the time." amendments to this Act are strongly supported This Bill brings before the House a by the beef industry. number of simple yet significant amendments The Bill contains some important to several Acts in my portfolio. The Bill amends amendments to the Brands Act 1915. The Bill the Agricultural Standards Act 1994 to address contains three major initiatives in facilitating particular wholesomeness and product integrity better branding practices in the cattle and issues in relation to the sale of livestock. The horse racing industries. Firstly, it eliminates the 10 Nov 1998 Primary Industries Legislation Amendment Bill 2857 ribs as a branding position for cattle. Committee in its report to Government in May Queensland is one of the world's major this year. exporters of cattle hides. However, it is well The 31 August 1999 termination date will known that branding cattle on the ribs and coincide with the removal of the legislative other prime sites lowers the monetary value of provision with the expiry of the current hides and generally devalues the reputation of wholesaler selling floor leases at the market. Queensland cattle hides in world markets. This in turn allows the wholesalers to decide These amendments facilitate a commercial whether to exercise a five-year extension solution to this long-term commercial issue. option on their leases to remain at the Rocklea They encourage improved branding practices market site or move to an alternative location. by making it necessary to avoid rib branding. It is important that this amendment to the City In effect, the Government through these of Brisbane Market Act be made this year, as it changes will create the framework to is considered to be only fair and equitable to encourage the very necessary commercial give adequate notice of the date for linkages between producers and processors, termination of exclusivity to all interested such as value-based marketing systems for parties. cattle hides. The Bill also amends the Forestry Act Secondly, the Bill will prohibit the branding 1959. The amendment will specifically of cattle on the cheek. While the current authorise, for a period of one year, the sale of legislation already limits the ability to brand on forest products by the Primary Industries the cheek and it is not a widespread practice in Corporation. This sale is made under the Queensland, cheek branding has already native forest sawlog allocation system, and the been banned in the United States and in authorisation is for the purposes of the Trade some other States of Australia. The Practices Act 1974. Government has responded positively to community concerns that the practice be It is under the native forest sawlog totally prohibited. This amendment will really allocation system that the Primary Industries strengthen the clean green image of Corporation allocates the majority of the native Queensland beef. forest sawlog resource to sawmillers who are allocation holders. The Competition Policy Thirdly, for horses, the Government has Reform (Queensland) Act 1996 applies the also responded to legitimate requests from the TPA to the activities of Government racing industry to fix the discrepancy in which businesses. It is thus important to ensure the the branding of Queensland thoroughbred necessary regulatory arrangements are made racehorses is out of kilter with all other States to protect activities of the Primary Industries and New Zealand. The Bill will now allow stud Corporation from any possible action under the numbers and age numbers to be branded on TPA. the off-side shoulder of Queensland Approximately 40% of the allocation thoroughbreds. This will be in accordance with holders have allocations under long-term current practices throughout the rest of this contracts exempt from the TPA until their highly valuable industry. expiry between 2004 and 2007. To protect Specifically, the Bill will eliminate the rib arrangements for the remaining 60% of and cheek branding positions; include the twist allocation holders, a short-term authorisation of as a new branding position; include the thigh the allocation system was enacted through the as a separate branding position; allow Competition Policy Reform (Queensland branding on any angle; eliminate the Exemptions) Regulation 1996. mandatory order of branding; and allow flexible The Bill will extend the TPA exemption for placement of age numerals and stud one year. The extension will allow the Primary references in any of the prescribed branding Industries Corporation to continue current positions. Again, these amendments to the allocations until a long-term policy for the Brands Act are strongly supported by industry. allocation of native sawlogs can be developed. The Bill also amends the City of Brisbane This timing will allow consideration of the Market Act 1960 so that section 29 of the Act Regional Forest Agreement in south-east is sunsetted to expire on 31 August 1999. This Queensland, which is scheduled for section in effect provides the Brisbane Market completion by 31 December 1998, to be Authority with the exclusive right to operate a factored into the policy. wholesale fruit and vegetable market within the Finally, the Bill makes a few minor drafting City of Brisbane. Termination of this exclusive changes to a number of Acts. The Bill amends right was a unanimous recommendation by the Grain Industry Restructuring Act 1991 so the Brisbane Market Authority Review as to omit the Schedule. The Schedule deals 2858 Valuation of Land and Other Legislation Amendment Bill 10 Nov 1998 with transitional provisions that were required historical sales data held on microfiche. When on commencement of the Act. Now that the the department was preparing to negotiate transitional period is over, the provisions in the contracts with these brokers, legal advice Schedule are superfluous. suggested that the power to enter into these The Bill amends the Meat Industry Act types of arrangements, including fees under 1993 so as to remove the requirement that section 77 of the Valuation of Land Act, standards made by the Queensland Livestock needed to be clarified. To ensure these and Meat Authority be approved by regulation. contracts were not subject to the statutory fees This section is superfluous as, according to the under section 76 for the normal across-the- Statutory Instruments Regulation 1992, such counter supply of data, I have brought forward standards are subordinate legislation in any these amendments to secure the flexibility for event. The Bill will insert a provision in the Act the department to supply the data to stating clearly that standards are subordinate wholesalers in contracts tailored to meet their legislation and thereby do not require approval particular needs. This will result in a wider by regulation. I commend the Bill to the range and more accessible information House. products being available for the benefit of all the users. Debate, on motion of Mr Cooper, adjourned. Another amendment to section 25 of the Valuation of Land Act will reduce paperwork and red tape by removing the need for an VALUATION OF LAND AND OTHER owner of subdivided land to apply for a LEGISLATION AMENDMENT BILL concession in the valuation for rates and land Hon. R. J. WELFORD (Everton—ALP) tax. It will also save my department from (Minister for Environment and Heritage and having to process these applications. In the Minister for Natural Resources) (3.11 p.m.), by future, the concessions will flow automatically leave, without notice: I move— from the valuation of each lot in the plan of subdivision that will be triggered by the "That leave be granted to bring in a registration of the new plans in the Land Bill for an Act to amend the Valuation of Registry. I am particularly pleased to introduce Land Act 1944, and for other purposes." this amendment which resulted from fruitful Motion agreed to. consultation with the industry, in particular with the Urban Development Institute of Australia. First Reading A technical amendment is included in the definition of "improvements" in the Act to Bill and Explanatory Notes presented and ensure invisible improvements such as landfill Bill, on motion of Mr Welford, read a first time. on land owned by a Government owned corporation are allowed for in the unimproved Second Reading valuation process on the same basis as that of other privately owned lands. This levels the Hon. R. J. WELFORD (Everton—ALP) playing field for the valuation of these lands (Minister for Environment and Heritage and and is of particular assistance to the various Minister for Natural Resources) (3.12 p.m.): I port authority owned lands. move— The final main amendment to the "That the Bill be now read a second Valuation of Land Act will benefit owners of time." land by removing the requirement to renew an In introducing this Bill to the House, I objection to a valuation of land where it has would point out that the Bill makes already been objected to or appealed against amendments principally to the Valuation of in a previous valuation. The change will allow Land Act 1944 and the Land Title Act 1994. later valuations to be adjusted where the The Schedule to the Act also makes minor earlier determination has revealed an error of amendments for a number of other Acts both law or a mistake of fact. within the Natural Resources portfolio and in The amendment to the Land Title Act some associated portfolios. As the 1994 will prevent instruments lodged for amendments to the principal Acts cover five registration from being registered if the particular issues, I will briefly describe the instruments are inconsistent with another Act background to these changes. or law. Many of the documents registered The Department of Natural Resources has under the Land Title Act have their basis at law been approached by wholesalers who wish to under other State and Federal Acts, for purchase certain bulk electronic valuation and example, the Property Law Act 1974, the 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2859

Trusts Act 1973 or the Corporations Law. The the fences of freehold quarter-acre blocks in legislation will correct the present situation by the cities, as represented by honourable placing the onus of ensuring that the members opposite who interjects. documents comply with all other Acts and laws Mr Fouras: You're a disgrace. with the persons concerned with the documents. It will also limit the State's liability Mr BORBIDGE: The member should join to claims for damages where the Registrar of in the debate a little later, instead of Titles is unable to register documents due to squawking his irrelevance from the backbench. the requirements of other Acts and laws. Native title, particularly as it relates to Other minor amendments in the Bill rights co-existing with those of pastoralists and change the Valuation of Land Act 1944, the miners, can only properly and reasonably be a Land Title Act 1994 and a number of other limited set of rights. Commonsense Acts. The clauses correct references, replace demonstrates that. The law demonstrates that. an expiring Order in Council, make These rights should not be pushed and amendments consequential to the changes in distorted into things they cannot properly this Bill, and make minor wording changes to be—in some selfish effort to find a panacea for update the statute book. I commend this Bill to urban guilt. If some urban Australians believe the House. that policy towards Aborigines and Islanders needs to be considerably more effective in Debate, on motion of Mr Beanland, addressing historical failures in this adjourned. country—and very clearly it does—then urban Australia has to accept the lion's share of that NATIVE TITLE (QUEENSLAND) STATE task. PROVISIONS AMENDMENT BILL (No. 2) It is palpably ridiculous to seriously Second Reading suggest that the dispossession and the Resumed from 21 October (see p. 2640). alienation of Aboriginal people in this country have been a function simply of that relatively Hon. R. E. BORBIDGE (Surfers small group of people who developed the Paradise—NPA) (Leader of the Opposition) primary industries of this country and that their (3.16 p.m.): This Bill epitomises an historic and descendants should now provide the land quite tragic failure. As a faithful extrapolation rights remedy almost exclusively. It is also from and essentially a continuance of the ridiculous to suggest that miners should, in a original failed Keating native title legislation, in very distorted way, become a principal means the essential element of the right to negotiate, of economic empowerment for the Aboriginal it fails all Queenslanders equally. It fails people. Most Australians, thankfully, Queenslanders who genuinely seek appreciate that these politically correct reconciliation. It fails Queensland Aborigines. It propositions put forward vigorously by the fails Queensland workers. It fails Queensland Australian Labor Party, the Democrats and the pastoralists, and it particularly fails Queensland Greens, with ample support from very miners. significant elements of the media—together Mr Fouras: The cows worry about who being the chattering classes—are unjust and might walk by—very sensitive cows. discriminatory. But the reaction of the Mr BORBIDGE: It does so by maintaining, Australian Labor Party and its supporters to by repeating and by institutionalising one of this counter-proposition from the majority of the most intellectually shallow and most selfish Australians, repeated in countless public of modern urban myths developed in this opinion surveys over many years, is, without country and championed by honourable fail, simply to brand gratuitously their fellow members such as the member for Ashgrove, Australians as racist and then to continue with who interjects. That myth is that a minority of the institutionalisation of their quite silly and people in this nation can clear their counterproductive policies. That is not good enough. consciences in relation to the historical treatment of Aboriginal and Islander people by The aspect of the native title issue that we heaping a massively disproportionate share of are principally dealing with in this Bill is the role the native title administrative burden, the that native title interests should provide native title emotional burden, the native title Aborigines in relation to the mining process, cost burden and the cost of sharing their land particularly in relation to substantive mining and their work onto a relative handful of leases on pastoral leasehold land. people in the bush—pastoralists and miners. Commonsensically, there is a very ready And this is being done while the minority that answer to that. It is very simple and totally non- pushes this message hides righteously behind discriminatory: in this State, and indeed across 2860 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 this country, minerals are the property of the period is also subject to extension. The tribunal Crown. They have been exploited at the may adjourn for three months per pleasure of the Crown—whatever the tenure. adjournment. At any point along the way, Holders of tenures on land that the there will be the clear potential for delaying Government has declared it will grant mining legal actions, which could hold matters up for tenures over have access to a range of months—and even years—in the courts. In procedural rights. In Queensland, these are other words, we are looking at essentially the set down in the Mineral Resources Act. right to negotiate as it was developed in the Aboriginal title holders should have access to original Native Title Act, which has proved an those procedures in exactly the same way as unmitigated disaster for the mining industry in other title holders and no more. It is as simple this country, let alone for reconciliation. On the and as much commonsense as that. But estimate of the Australian Mining Industry sadly, that is not what we see in this Bill. Council, it has held up $30 billion in mining In this Bill we see a set of rights—a right projects. It has driven a wedge between black to negotiate for Aborigines—that is denied to and white in the area that ultimately is any other holder of title to the land, even to absolutely crucial to reconciliation, that is, the the level of private freehold. It is a highly bush. That has been done all for the sake of prescriptive and a very broad set of rights the warm inner glow for a minority in the cities. compared with the simple procedural rights Other coalition speakers will address the scale available to the pastoral leaseholder, or even of that disaster. freeholder, when it comes to mining on their On the surface, a range of limitations are land. Firstly, there is a requirement that the placed on the right provided in this legislation applicant for a mining lease notifies not only compared with the Keating model. But they any native title body corporate and/or any appear as illusory as the claimed shortening of registered native title claimants but also any the process. For example, the provision that representative body for the area subject to the parties engaging the right to negotiate process proposed lease. That will take at least three must negotiate in good faith is not repeated in months—and even effectively four—before this legislation. That point is the basis of one of negotiations commence. That is because the nudge-nudge, wink-wink efforts of the there is room in this part of the procedures for Government behind the scenes to convince those who might decide that they have an certain players that this right to negotiate is interest in applying for native title only once somehow less onerous than its model, that they understand that there is the potential to somehow it represents a compromise. But of engage a right to negotiate process, and thus, course that is not so, because lawyers will at least potentially, achieve a cash benefit. obviously still find ways to challenge processes That effectively extends the notification and actions if their intent is delay in order to try period by a month, because latecomers will to maximise the benefit to their clients. They have a month beyond the limit that otherwise have been doing so highly successfully on this applies to achieve registration of their claim topic now for almost six years. It is, in fact, and thus gain access to the right to negotiate. increasingly fertile ground for lawyers. The There will then be a three-month negotiation Federal Act, which was always an ungainly and period between at least the applicant for the extraordinarily complex thing, is now 800 lease and the native title holders or claimants pages long as a result of the amendments to and possibly the State, although in this answer the never-ending set of questions that legislation we do see a variation in the role of this topic throws up. Where there is a will there the State to one that is, to an extent, optional. will be a way. The lack of a specific At the end of that period, if there is not requirement to negotiate in good faith will not agreement, there will be a period of four save a single delay in the face of determined months for mediation of the claim by an counsel. If they cannot continue to find a independent tribunal. Within two months of ground for challenge here and there in this that, there will be limited capacity for the now incredibly prescriptive and ridiculous relevant Minister to overturn the decision of the arena, they should surrender their Labor tribunal. The Minister would be able to do so Lawyers ticket now. only if he or she believed that the project was Another claimed difference is that the in the State or national interest. negotiating parties will simply be approaching Therefore, on the surface, we are looking the negotiations from the perspective of the at a right to negotiate process of impact of the proposed mining on native title approximately 12 months. Of course, that is and that just-terms compensation will be quite illusory. On application, the notification limited to that impact. But that would appear to period can be extended. The negotiation be a total furphy when one reads the boiler 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2861 plate. I refer particularly to page 113 of the Bill mean that the potential for manufacturing and the issues listed for consideration by the flowing from mining will be forgone. The tribunal in any determination that it might compounded impact of that over the years make. They not only cover the bulk of the and the decades will be measured in many issues that are so incredibly broad in section billions of dollars and tens of thousands of 39 of the NTA, which is the template, but even jobs. It will be a disaster for this State. carry the catch-all inclusion of "any other However, the tragedy is that it was absolutely matter the tribunal considers relevant". That is and totally avoidable. clearly adequate to bring in the kitchen sink. The Government did not have to go down So the nudge-nudge, wink-wink concessions this route. It did not have to retain a right to are basically furphies. What we see here is, of negotiate. It did not have to give pastoralists course, the maximum retention of the Keating another slap in the face by providing their co- right to negotiate with some window dressing titleholders with rights way in excess of to try to generate the view that it is in some anything that they have ever possessed in way restricted. relation to negotiations over mining. It did not The one genuine concession in relation to have to do its level best to drive the mining what is otherwise full retention of the right to industry out of this State by placing in its path negotiate processes engages the exploration constraints that simply will not exist in other issue. High-impact exploration will attract the parts of this country and do not exist less onerous 43A procedures. That is not elsewhere in the world. ultimately anywhere near as significant a The Commonwealth offered an concession as the Premier would try to have alternative, and it was a hard-won, us believe. What he has been purporting is commonsense and fair alternative. If it had that because he has gone against Labor Party been adopted as it emerged from the Senate, policy on this point—which would demand a it would still have meant that Aborigines would full-scale right to negotiate on high-impact have achieved rights substantially ahead of exploration—he is removing a major obstacle what they are entitled to, which, in the for the mining industry. Of course, that is coalition's view, is equal rights, not special absolute nonsense. The mining industry did rights when it comes to mining projects on their not come down in the last shower. It knows land. The background facts are these. The that if it spends money in Queensland on right to negotiate is a statutory right. It is not, exploration and finds something, it then as members opposite seek to suggest, some confronts not the commonsense, non- intrinsic element or common law legal right discriminatory provisions of 43A but a right to automatically attaching to native title. It is a negotiate. On balance, miners will still look to totally politically manufactured, statutory thing. the provisions that will apply in Queensland There was absolutely no mention of a right to under this Bill and see that they will be negotiate in the Mabo decision. Indeed there massively worse off in this jurisdiction as a was even an understanding, an acceptance of result of the right to negotiate at the mining the view, even by the Labor Party post Mabo, stage than they will be under the Western that mining leases actually extinguished native Australian model or the Northern Territory title. model. They will spend their exploration dollars either in those jurisdictions or indeed—and no Of course, under those circumstances doubt increasingly—offshore. there would have been absolutely no basis for a right to negotiate. What occurred in 1993 This legislation will do very significant was a deliberate policy decision by the Labor damage to the mining industry in this State, Party to have native title not extinguished but which is this State's most important industry. suppressed by mining leases with native title We still have some of the most prospective reviving at the conclusion of a grant. This was areas in this country, and indeed in the world, done to carve room for a right to negotiate. In in relation to potential future discoveries. Chief fact, it was only very late in the process of the among them is the north-west minerals development of the Native Title Act in 1993 province. This legislation will slow exploration that the then Prime Minister finally resiled from and slow project development there and in Labor's long-favoured policy position, which other areas across the State. Less would have provided Aborigines with a direct exploration—and make no mistake, there will veto of mining on native title land. That had be less exploration—will mean only one thing: been Labor Party policy since the 1970s. fewer projects. Fewer projects mean jobs Members should make no mistake: the whole forgone. It means billions in investment issue of the right to negotiate is a statutory forgone. It means the potential for invention of a political party in order to deliver downstream processing will be forgone. It will its policy. It is not an element of native title. It 2862 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 is not a right dictated by the High Court. It is a Almost a decade after the discovery, almost discriminatory right, long sought for Aborigines three years after the decision that forced that by the Labor Party, and it was restricted in the project through the right to negotiate process, original Native Title Act to mining on vacant after Bill Hayden led the State's right to Crown land only because it was the view of the negotiate team, after he described the process Government of the day that it could not extend that this Government is entrenching into the it to mining on pastoral land because it was law of this State as "near extortion"—and they believed that pastoral leases had extinguished are not my words, they are the words of Bill native title. Hayden—after another two years of guerilla There is a very strong pointer to what now warfare against the project by Murrandoo ought to be the fate of that right in what the Yanner, after an agreement engaging outlays Labor Party was saying at that time. The of $90m for the Aboriginal people of the region justification for including it in the Act was said comprising $60m from the proponents and to be that it had to be there to fill a $30m from the State, what has happened? It constitutional requirement and to make sure is still bedevilled by native title issues, which that the Native Title Act did not contravene the this Government is entrenching in this Racial Discrimination Act. The claim was that legislation! because native title had been extinguished Nine years after the biggest zinc discovery over the great bulk of Australia, largely by the on the planet, there is still no guarantee that it process of Governments granting interests in can be mined. Why? Because of the very land inconsistent with it, there ought to be discriminatory and powerful rights associated some form of compensation. The view was with the right to negotiate that the Government that there had to be some form of now wants to expand to cover every mining compensation, otherwise the Act might not be project on pastoral land in this State. That is seen as one that was, on balance, in favour of going to be the Government's shameful legacy the Aboriginal people, which the Labor to the people of Queensland in respect of Government of the day claimed was a native title. constitutional requirement. Mr Reynolds: Rubbish! So we had in the original Act a right to Mr BORBIDGE: I say to the Premier's negotiate for Aborigines over mining that representative from north Queensland that, occurred on any land in which they held any when the people of Townsville realise what title which was, of course, presumed in 1993 to Labor has done—because the Opposition will only engage vacant Crown land and a handful be telling them—he should enjoy his stay here. of other tenures then recognised as non- The absurd general proposition is that native exclusive. Certainly, the clear presumption was title rights are so special, so powerful, that they that native title was extinguished on pastoral can bring the most productive endeavours leases and, therefore, that the right to possibly contemplated in this State to a negotiate would not apply on pastoral land. grinding halt. Under the processes set in train Of course, there was secret joy in the by Paul Keating, to which the Government Labor Party when the Waanyi decision of the bows in its native title legislation, Century is High Court in early 1996 ordered that the being denied power. For two and a half years, native title claim over pastoral land in far north- Labor held up the solution in the Senate. The west Queensland, which covered the Century coalition put Bill Hayden in charge of the right site, had to be accepted by the national Native to negotiate under Paul Keating's legislation. Title Tribunal. The High Court said that He described it as extortion and, $90m later, because the issue as to whether a pastoral there is still no guarantee that the world's lease extinguished native title was alive in the biggest zinc mine is going to go ahead. To Wik case, the tribunal could not reject that add insult to injury, this Government is going to claim as hopeless. Finally, the party was able apply that process to each and every mining to deliver what had been sought by the project on pastoral land in this State. What a Federal leadership of the ALP since Gough collective group of buffoons sit opposite! Under Whitlam: a powerful set of unique negotiating the processes set in train by Paul Keating, to rights for Aborigines that was not a direct veto which this Government bows, Century has but was, in essence, a de facto veto. been denied power. If one ever wanted a clearer example of NORQEB cannot even build power lines the absolute folly of the right to negotiate and from Gunpowder through to the mine for the its clear and intended status as a de facto veto benefit of this entire State, because that thug, it is in its very first impact on Queensland. Murrandoo Yanner, is using the Labor Party's Where does the Century project stand today? distortions of native title to try to kill it. That is 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2863 his stated, his admitted and his determined lived in our cities were as much a part of the intention. That is on the public record. By dispossession of the Aboriginal people as the introducing the right to negotiate, the Labor pastoralists were. Party is aiding and abetting him. It is Mr Fouras: As selfish as the miners. entrenching the problem. Mr Yanner has denied the proponents an ability to build a Mr BORBIDGE: Tonight the honourable bridge over the Gregory River to provide it with member for Ashgrove will go home to his all-weather access. quarter-acre suburban freehold block, and will I see any indication that he will make a It is time the people of this country contribution? No! The farmers can wear it and eyeballed the situation. It is time that they the miners can wear it and, at the end of the recognised the scale of the cost associated day, it will mean lost investment and lost jobs with the stupidity of maintaining this self- in terms of the development of this State. defeating attitude towards the role of native title in relation to mining, which is being Mr Beanland: They don't give a damn. dictated to the sensible majority in this country Mr BORBIDGE: No, they do not. by Left Wing Labor ideologues—the likes of Pastoralists would not have made such an John Woodley in the Senate, the likes of Brian epic effort to open up this country if there were Harradine, the likes of Bob Brown and the likes no mouths to feed in the cities and if there was of the luminaries of the chattering classes who not a national economy to build. If a debt is dominate far too many news rooms in this owed to the Aboriginal people of this country, it country. is owed by the entire country and not neat little Clearly, Aborigines deserve a right to be sections that are well clear of the city limits. informed about proposed mining acts when Another aspect of this matter that they are to occur on land over which they hold Australians need to eyeball is the utopian a coexisting title. They deserve a right to have nonsense that surrounds the right to a say and a right to be consulted, as any other negotiate. We must consider the reality, rather Australian does. In so far as their native title is than the myth. We have to make a distinction impaired or destroyed, they deserve between the fantasy of native title in relation to compensation on fair and just terms, as do mining and development and the reality of pastoralists. They deserve all of that via the native title in relation to mining and recognition that their rights should be development. As long as the people who respected. However, they do not deserve more currently drive this argument continue to run than that. As I said at the outset, to grant and dominate the country, its policy will abide more is a distortion. To grant more is to in the fantasy world. As Bill Hayden said to me continue that distortion and the ugly urban after he tried so very hard to reach an myth that is championed by honourable agreement in relation to Century, in reality it is members opposite that says that the near extortion. It is open to massive abuse. As descendants of the people who settled this Gary Johns—a Queenslander and a member country should, several generations on, alone of the Paul Keating's Ministry—put it, the make restitution for the dispossession of the process is pure madness in that it places so Aboriginal people which resulted from that much pressure on one industry, the mining settlement. industry. That is not a criticism of the Aboriginal people per se. Mr Fouras: And why not? If one group in society is given a unique Mr BORBIDGE: They do that from the set of rights that provides them with an comfort of their quarter-acre suburban blocks extraordinary ability to achieve vast rewards in Ashgrove. I challenge the honourable from projects, they will take that opportunity member for Ashgrove and all honourable every time. They would be mugs if they did members opposite to put their homes and not. Of course they will use that set of rights businesses on a voluntary coexistence register most enthusiastically and vigorously when the and subject their own properties and assets to stakes are highest, on the biggest and most the risks that the properties and assets of the important projects—projects like Century. miners and the pastoralists of Queensland are Again, they would be stupid if they did not being subjected to. and, of course, that is precisely what happens. There is an argument that miners in When one then throws in characters such as particular should make a disproportionate Murrandoo Yanner and Charlie "Mr 15%" contribution to the so-called economic Perkins who use the tools that Labor has quite empowerment of the Aboriginal people. The stupidly given them, the system is open to proponents of that argument are being as absolute and massive abuse. The efforts of Mr selfish as they are being silly. The people who Perkins in relation to the Ernest Henry project 2864 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 are worth repeating here. It was effectively but I would not hold my breath. With many blackmail. other lesser projects, the great majority of Mr Reynolds: Further racist language. those comprising the Aboriginal interest will be sensible, as were the majority in relation to Mr BORBIDGE: Mount Isa Mines was Century and Ernest Henry. basically told that if it did not come across with $120m in compensation—and I use that term We have only to look at the map of this advisedly—there would be a native title claim State now in relation to native title claims to over the project and, on behalf of his clients, see that it is smothered in them. Every major Mr Perkins would seek a full-blown right to project in the north-west minerals province is negotiate to try to take the project to the covered by at least one claim. The plain and cleaners. When I outline to the House what indisputable fact is that whenever a mine is Charlie "Mr 15%" Perkins did as a matter of proposed there will be a native title claim if record, how typical it is that the Premier's there was not one there already. As I said, that representative in north Queensland accuses is human nature; that is understandable; that me of being racist. We have the institute of the is inevitable. If a Government is stupid and politically correct at the back of the House. discriminatory enough to give one set of How naive and stupid! The honourable people within a single community a set of member is championing and entrenching rights that far exceeds the rights provided to legislation after Charlie Perkins tried to any other group, as this Bill does, it makes blackmail the Ernest Henry mine for $120m in commonsense that that group will logically and compensation. Even though the Premier's inevitably seek to maximise those rights. representative does not want to know about The challenge is to put an end to this it—although his electorate of Townsville has nonsense while still respecting the coexisting benefited so much—we know what happened rights of pastoralists, native title holders and when Charlie got two to the valley on the miners to get on with the job. There is a ready blackmail bid. He indeed sought to take that formula for that. It was provided in the project to the cleaners. He tried to suggest that amendments to the Commonwealth Native leases granted by the former State Labor Title Act that finally passed the Senate in July. Government and the former State coalition It must be said that even the minimal rights Government were illegal. He wanted the courts now available under the Commonwealth to stop production at the mine. He wanted to legislation are considerably in advance of what put out of work Aborigines who had been was the original and proper aim of the employed by Mount Isa Mines and Savage coalition, and that was that native title holders Resources at Ernest Henry and who had won would have exactly the same rights as those contracts. He wanted to put everybody out of available to pastoralists. Under the Harradine- work. inspired amendments in the Senate, the I suggest that the Premier's procedural rights available to Aborigines, even representative from north Queensland educate in that so-called minimalist model, ended up himself, because it is about time that he considerably greater than the Commonwealth started to understand the impact on Townsville originally intended and considerably greater that the effective stalling of State mining than those enjoyed by the pastoralists. projects will have as a result of the legislation I foreshadow that the coalition will move a that he is going to entrench. Charlie Perkins series of amendments when we reach the wanted to put everybody out of work and he Committee stage. They deal with the right-to- made a $120m blackmail bid, and who in this negotiate provisions as they apply to mining Parliament is supporting him? The Premier's leases on non-exclusive tenures, and they will representative from north Queensland! The seek simply to do the logical and the obvious, honourable member says that I am a racist for which is to make available to Aboriginal people giving Charlie a touch up. I will give anyone, a set of rights which approximate, in so far as regardless of their background, a touch up if the Senate has allowed, equal rights with they try to extort $120m from any company in pastoralists. We believe that that is the this State. commonsense thing to do. We believe it is the As this Government seeks to follow blindly fair thing to do. We believe it is the only the Paul Keating model on native title rights as appropriate course. they apply to mining, what it proposes is folly The rest of the Bill as presented is and rank stupidity. Hopefully, not every major acceptable to us. The bulk of the Bill fits within project will have a Murrandoo Yanner or a the constraints established by the Charlie Perkins lurking in the background, Commonwealth in relation to lesser mining trying to sabotage, extort and stop the project, tenures and in fact, in common with the 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2865

Government's previous legislation on validation between the native title parties, the applicants and confirmation, reflects the intent of the and the State in relation to minimising the original Commonwealth proposals, which in impact of the act or acts on native title. Then turn largely reflects the wishes of the States in there is a further step whereby if the parties discussions with the Commonwealth in the first cannot agree on how to minimise the impact half of last year. But the right to negotiate is there is recourse to an independent arbitrator, the key issue. We will be going through the as required by the Commonwealth and as is amendments in detail at the Committee stage reasonable, in order to try to settle those so I will not go through them in any detail disputes, with an ability for that arbitrator to during the second-reading debate. make a determination if there can be no agreement between the parties. If objections Generally, we follow closely the option are upheld either wholly or in part, the tribunal allowed by the Senate which provides may include conditions on how the act may be Aborigines with a set of rights which in the end done. The extent of compensation will then be are themselves quite significantly in advance determined by the tribunal. Time lines for this of those available to pastoralists but which process will be as short as is reasonable and remain ultimately procedural rights. The first as firm as they can be. issue is notification rights, which are obviously immutable. They are declared by the Our scheme, in short, adopts all of the Commonwealth Act and require notification of imperatives required by the Commonwealth's registered native title body corporates, native minimal position. In conclusion, this Bill is a title holders and representative bodies for the failure in a range of ways. It is first and area. The right to object is also an immutable foremost a failure in relation to its retention of procedural right, and that is reflected also in the right to negotiate and it is a failure in that it the coalition's amendment in much the same is otherwise so limited. It deals only with the terms as it appears in the Government Bill, right to negotiate as it applies to mining. The which in turn is declared in the amended Bill is silent on the other great area of interest, Commonwealth Act but with the significant which is infrastructure. change that we demand in line with the Labor in the Senate wanted a right to requirement of the Commonwealth Act that negotiate to apply very widely to infrastructure such objections may be lodged only on the developments, whether publicly or privately grounds and to the extent that the doing of constructed. Such a right to negotiate would the act affects the registered native title rights have the ability to impact on a vast range of and interests of the objectors. job generating development activity. We learn nothing in this legislation in relation to another There is no "hitchhiker's guide to the area of acute interest, and that is the universe" clause in our amendments. It is in Government's intentions on the application or relation to the consultation phase that we otherwise of a right to negotiate in towns and really part company with this Government. cities. There is nothing here on the compulsory Members opposite propose an effective acquisition position. But most poignantly, there continuation of the right-to-negotiate regime by is nothing here to give a substantive indication beefing up the section 43A provisions. We say of where the Government is going in relation to that the clear requirement of the heritage issues. That is a set of issues which Commonwealth is that there simply be could dramatically increase the impact of an consultation between the native title holders or approach which we already believe will be registered claimants and the applicant for the massively damaging to the economy of this act "about ways of minimising the act's impact State. on registered native title rights and interests in relation to the lands or waters concerned, For example, we understand that what including about any access to the land or the Government contemplates is a major waters or the way in which anything authorised change to the language of heritage such that by the Act may be done". That is a sacred sites will be replaced by a system of commonsensical and reasonable approach. It "sites of significance". Very powerful rights is a totally decent and totally fair degree of amounting to a veto will attach to sites of involvement. It fulfils the Commonwealth's significance, and the term will basically cover totally reasonable baseline requirement that whatever it is that the Indigenous Working procedural rights for Aborigines at least match Group wants it to cover. If that is the those of others with an interest in the land. Government's intention, it will have extended what is a totally unacceptable de facto veto in Our plan provides for objections to be the right to negotiate proposed in this Bill to a lodged by the native title parties and for there direct veto. I signal that the coalition will then to be a reasonable period of consultation oppose the Bill at its second reading. 2866 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Mr NUTTALL (Sandgate—ALP) in this fair country of ours, this recognition had (3.58 p.m.): The hysteria shown by the Leader never occurred. This state of affairs lasted for of the Opposition indicates clearly that bullying, over two centuries until the historic Mabo cajoling and threatening people is no way to decision of 3 June 1992. resolve this issue. It is extremely disappointing Madam Deputy Speaker, may I just that the leader of the alternative Government interrupt my speech to acknowledge in the has adopted the position that he expressed public gallery the children from St Patricks this afternoon in the Parliament. That is the College from Winton who are down here for a reason that the former Premier is now in week. In particular, I acknowledge my young Opposition. We will not resolve this problem by nephew Joshua Twist as well as the teachers threatening people. of that school. I understand that some of the In his second-reading speech to this Bill, parents are with them. I trust that they enjoy the Premier indicated clearly this Government's their stay with us. I understand they are off to strategy for dealing with native title and the Dreamworld and Sea World later in the week, way it works with respect to mining exploration so I hope they enjoy their stay. I am sure and developing industries. The Premier said those places will be far more enjoyable than that this Government was looking for an sitting in the gallery today. honourable outcome that balances the To continue my contribution in this legitimate interests of indigenous debate, I point out that it is important for us to Queenslanders with the need for a secure recognise and it is important for the Leader of environment for mining development. the Opposition and the Opposition to Mining, as we all know, is an important recognise that the High Court found in Mabo economic driver for this State. Mining that native title continued to exist, despite the contributes around $400m directly in royalties European model of land tenure imported to to the State Treasury and many millions more Australia by the British legal system. The in direct and indirect economic benefits. On doctrine of terra nullius was therefore declared the other hand, indigenous Queenslanders invalid. The Commonwealth Native Title Act of have certain land title rights guaranteed to 1993 attempted to reconcile the High Court them by the High Court and by the Mabo judgment with European land tenure Commonwealth Native Title Act. These set the systems. Then the Wik judgment of 1996 standards for all States to follow. It is important found that native title could continue to coexist that I remind the House of the history of the with pastoral leasehold. This, of course, has native title debate because it is important to particular significance for Queensland in view understand the mistakes of the past in order to of the large areas of the State under pastoral avoid making them in the future. leases. European explorers visited the Australian The Commonwealth Government's 10- continent as far back as the early 17th century, point plan was an attempt to deal with Wik. and possibly even earlier. Although there The Commonwealth had to deal with the clearly were inhabitants in Australia, early legitimate demands of the pastoralists for explorers adopted the doctrine of terra nullius certainty, the legitimate expectations of the or, as we know it, the land belonging to no- indigenous people for legal recognition of one. This doctrine, of course, made it easier native title and from other legitimate interests, for European settlement. Colonial powers such as the mining sector, to carry on with their simply claimed parts of Australia and ignored business. The 10-point plan passed the the possible existence of legal rights of the responsibility to the States to deal with native indigenous peoples of this land. Early title in their own separate ways, provided that Governors such as Arthur Phillip tried to treat they conform with the basic standards laid indigenous people well, but there were clashes down by the Commonwealth Native Title Act. of cultural differences which led to subjection This is an important issue because no of indigenous people. State can implement its own native title regime Native title has been recognised in British without the agreement of the responsible common law for over 200 years. New Zealand, Commonwealth Minister and the Senate. In Canada and the United States of America late July the Premier introduced into this have long recognised that two land tenure House as the very first piece of legislation of systems exist in their countries, the first one this Government the Native Title (Queensland) being freehold and leasehold titles following State Provisions Bill, which confirmed the from the colonising of the British system, and extinguishment of native title on all tenures the second one being native title arising from that gave exclusive possession. The Bill also the pre-existing indigenous system. However, guaranteed the validity of the intermediate 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2867 period, that is, land management decisions representing pastoralists, the small mining made by the Goss and Borbidge Governments sector and the commercial fishing industry. between 1 January 1994 and 23 December This consultation has included public meetings 1996. This was the interval between the in several major regional cities. implementation of the 1993 Native Title Act The consultation began long before this and, of course, the Wik decision itself. legislation was drafted and has continued That first piece of legislation that we beyond the point when it was introduced into introduced gave certainty to many Queensland the House a fortnight ago. The Premier leaseholders, despite what the Leader of the specifically asked for comment on the detail of Opposition has said, but it has done that at the Bill, and he has assured me that all major the expense of some native title interests. The stakeholders have taken the opportunity to put Premier has acknowledged this fact and has forward their case. It is critical that all of us in acknowledged the need for an honourable this Parliament understand the background to balance in the way the State Government this legislation and this Government's deals with native title in its legislation, setting approach to it. The Government does not wish up a process for integrating native title in our to relive the mistakes made by the Opposition general land management systems. This Bill when it held power in ignoring the lessons of before the House this afternoon deals the past in dealing with the issue of native title. specifically with the issue of mining exploration Understanding native title means not permits and mining development approvals. being afraid of it. Understanding native title Other legislation that the Government will bring means not running away from it. forward will deal with other aspects of land Understanding native title means not management systems. responding to the hysterical or with a closed For the benefit of the Opposition, can I mind, as we have seen from the Leader of the just explain the concept of what an honourable Opposition in his contribution this afternoon. It balance is? It is important to explain that, is a fact of life. It is a part of the legal system, given the history of the debate at this current and this Government will deal with it juncture. As the Premier indicated in his accordingly in the best interests of all second-reading speech on this Bill, it means Queenslanders. we have to take into account at least five Dr WATSON (Moggill—LP) (Leader of the factors, and these factors are— Liberal Party) (4.09 p.m.): I rise to speak to the 1. that native title exists and must be Native Title (Queensland) State Provisions respected; Amendment Bill (No. 2) of 1998. I will firstly outline what we do accept as fundamental. 2. that mining benefits the whole We accept the existence of native title and its community—the State owns the legitimacy as defined by the High Court in the mineral resources and issues Mabo case and elaborated in the Wik licences for the development; decision. We accept that indigenous 3. that mining is very important to the Australians do have a special relationship with Queensland economy and for jobs the land, and in any development we should growth in this State; be cognisant of and sensitive to that fact. 4. that negotiation is a far more We accept that the Crown, on behalf of all effective way of dealing with native citizens, retains an absolute right to mineral title issues than having recourse to resources. This position is not held in all litigation; and jurisdictions. For example, in many jurisdictions of the United States mineral rights tend to go 5. that anything Queensland does by with land ownership. Under such a regime, the way of legislation, as I have said, recognition of native title may lead to a needs Commonwealth approval. completely different set of outcomes. These factors have guided the When it comes to mining, we accept that development of this legislation now before the all titleholders—freehold, pastoral leases or House, and I am sure that other speakers will native title—are entitled to a minimum set of comment on them at a later date. However, conditions. They are entitled to be notified there is a sixth and equally important factor about any application, to a right to object, to and it is the way the Government has gone be consulted, to mediation, to a hearing by an out of its way to consult all major stakeholders independent body, to a judicial review, to be in the development of the legislation: the appropriately compensated and to heritage Queensland Mining Council, the Queensland protection. By section 43A, the Federal Indigenous Working Group and organisations Parliament has empowered the various 2868 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Parliaments of the States and Territories to do peoples. It abrogates this and any just that. Government's social responsibility and This Bill does take advantage of the replaces it with private responsibility for solving processes put in place in the revised Federal social problems. legislation for exploration, fossicking and As I said, the revised Federal legislation prospecting, as well as for gold and tin mining, has in a number of respects revised the right and opal and gem mining. But when it comes to negotiate process. Indeed, from 30 to the major mining activities, this Bill fails to September this year, as I understand it, the take full advantage of the most critical section right to negotiate process no longer applies to of all, which is section 43A. The Premier any of the following kinds of mining grants: cannot come into this House and bemoan the where an indigenous land use agreement slowdown in mineral exploration and extraction states that the right to negotiate is not to apply over the past three years and then pass to the grant; if the grant is for the sole purpose legislation which will only compound the of constructing infrastructure associated with problem. It is time for this Government to take mining; certain renewals of mining leases; some action to move forward. Already the those specially covered by an earlier right to business community is frustrated by the lack of negotiate agreement or determination; and initiatives this administration is bringing within the intertidal zone. forward. It is largely surviving on the projects In addition, in accordance with points 6 developed under the previous coalition and 7 of the 10-point plan, the revised Federal Government. Of course, that will not last legislation allows the States and Territories to forever. introduce provisions as an alternative to the Amendments will be moved during the right to negotiate process. Any State or Committee stage to try to make this Territory alternative provision has to be misconceived Bill workable, for if it passes in its approved, as stated by the previous speaker, current form it will harm rather than help the by the relevant Commonwealth Minister. mining industry and will act as a further Alternative State and Territory schemes can impediment to job creation in Queensland. replace the right to negotiate in relation to Once again, the Premier has failed the people exploration, fossicking and prospecting, under of Queensland by producing a Bill aimed at section 26A; gold and tin mining, under pleasing sectional interests rather than at section 26B; opal and gem mining, under advancing the State's economy. section 26C; and mining grants and Under section 43A of the Federal Native compulsory acquisitions on current or former Title Act the State is given the ability to remove pastoral lease land or land the subject of a the shackles placed on the mining industry by Crown reserve that is in use, and mining grants the right to negotiation process. This within a town or city, under section 43A. In Government has a duty, if it really cares about addition, the State can also seek approval jobs—especially jobs for those most in need in under section 43 from the relevant our remote localities—to pick up the baton and Commonwealth Minister to apply a right to run with it. Instead, the Beattie Government negotiate under its own legislation, provided has failed this most basic of tests and, such a scheme meets the criteria set out in the ironically, for no good reason. various sections of the Commonwealth Native Title Act. It would be naive in the extreme to characterise the right to negotiate process as In short, under the Federal legislation simply a procedural right. Any person involved there is ample scope for Queensland to in the mining industry knows that this process legislate so as to avoid the problems, delays, has very little to do with genuine negotiation. costs and uncertainties of the right to Time is money, and the ability to hold up the negotiate process, at least so far as the vast process becomes a power bargaining bulk of mining activity is concerned, while still chip—not for the type of outcomes originally giving native titleholders, and even native title envisaged but for the economic and social claimants, an appropriate and fair say. Has the requirements of a particular group in a Government taken advantage of this particular locality. opportunity? Unfortunately, the answer to this It also could be said that the right to is a resounding no. negotiate process was and remains inherently The Premier has characterised the section unfair as it imposes on one sector of the 43A approach as minimalist. For the benefit of community—namely the mining sector—an honourable members, it is worth outlining what undue responsibility to provide for the section 43A actually requires, as distinct from economic and social needs of our indigenous what the Premier claims. Before any 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2869 alternative State provision legislation can be Any legislation conforming with all of approved by the relevant Commonwealth those requirements could not, in my opinion, Minister, that Minister must be satisfied under be characterised as minimalist. The legislation section 43A(4) of the following matters. passed by the Northern Territory Parliament First, the legislation must contain and being considered by the Western appropriate procedures for notifying any Australian Parliament is not minimalist but registered native title claimant, any registered represents a fair balancing of the rights and native title body corporate and any responsibilities of the various parties. representative Aboriginal/Torres Strait Islander The Federal legislation is quite clear. body that an act to which the provisions apply Under section 43, provision is made for the is to be done. Second, the legislation must State to manage the right to negotiate on give any claimant or body corporate the right unallocated State land. In addition, section 39 to object, within a specified time period after of the Federal Act sets out at some length the the notification, to the doing of an act so far as type of matters that have to be dealt with as it affects their registered native title rights and part of the negotiation process. It is clear that interests. Third, if the act deals with the Federal Parliament envisaged that the compulsory acquisitions, it must provide for right to negotiate would continue to exist in consultation, including mediation, between both Federal and alternative State legislation those claimants and bodies corporate who only with respect to land on which native title object and the State about ways of minimising would have survived to the maximum degree. the act's impact on registered native title rights It would be reasonable for the Federal and interests in relation to the land or waters Parliament to assume that on land that has concerned. not been allocated by the Crown for use, common law native title would have the Fourth, in any other case, it must provide maximum chance of survival. But in addition, for consultation, including mediation, between as I have said, the Federal Parliament, under those claimants and bodies corporate who section 43A, has also allowed the States and object and the person who requested or Territories to legislate alternative provisions applied for the doing of the act, about ways of that are less rigorous, but still extensive, with minimising the act's impact on registered respect to those lands where it is reasonable native title rights and interests in relation to the to assume that there has been greater land or waters concerned, including access, or disruption and the chance of pristine native the way in which anything authorised by the title existing is much less likely. act might be done. Fifth, if any person objects Under section 43A there is no obligation under the second point outlined above, it must to negotiate but, rather, an obligation to provide for the objection to be heard by an consult, and this is where the Premier's independent person or body. Sixth, it must legislation has gone off the rails. He has provide for judicial review of the decision to do claimed that section 43A imposes only the act. minimalist requirements and that to adopt the Seventh, it must provide that if the Federal guidelines would increase the risk of independent person or body hearing any litigation. The Premier's suggestion is wrong objection outlined in the fifth point I made and, indeed, provocative. There is absolutely makes a determination upholding the no question that, whatever legislation passes, objection or that contains conditions about the certain Aboriginal groups will complain about it doing of the act that relate to the registered and possibly challenge it. As the Premier now native title rights and interests, the knows, one group is threatening to legally determination must be complied with unless challenge his own Bill. But the real question is the State Minister responsible for indigenous not whether a statute passed by the House will affairs is consulted, that consultation is taken be challenged but, rather, what the chances into account and it is in the interests of the are of a successful challenge. If the Premier State not to comply with the determination. has any advice to the effect that section 43A is Finally, if the act deals with certain compulsory unconstitutional, he should table it now. If he acquisitions, the alternative State provisions has any advice that his legislation is immune confer on each claimant and body corporate from challenge, he should also table that procedural rights that are not less favourable advice. However, I do not expect that he does. than those they would have had on the If he does not have such advice, then he assumption that they instead held ordinary title should desist from making silly claims and be to any land concerned and to the land honest and up front about his motives. adjoining or surrounding any waters The reality is that the Premier has sold out concerned. the mining industry of Queensland. He has 2870 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 introduced legislation that will impose extra Finally, subsection (5) says that a cost burdens and extra and unnecessary consultation and negotiation party is not processes simply to placate certain sectional required to negotiate about matters unrelated interests. I might add that this legislation does to the impact of the proposed mining lease on nothing to advance the needs or the the registered native title rights and interests of aspirations of the vast majority of Aboriginals registered native title parties. Again, the same and Torres Strait Islanders. What the Premier's sort of comment could be made about the legislation does is impose a section 43 right to vagueness of this proposal. The only other sort negotiate regime almost across-the-board. The of guidance that I could find existed in section Premier claims that this will not be so bad, 594, and even that section did not advance because the Government will limit the issues the matter much further. So I would say to the that must be negotiated in relation to section Premier that the obligation to negotiate under 43A tenures. He has claimed that they will be this Bill on mining developments on section limited to matters which practical experience 43A tenure is potentially open ended. Far from has shown are the most critical for "on the excising lawyers from the native title process, I ground"—to quote the Premier—negotiations. think that the way in which this Bill is drafted Well, if that is the case, then his view is will encourage litigation, if for no other reason certainly not shared by everyone. Indeed, any than to provide some guidance as to where person reading the Bill will see that the matters the obligations and the rights of the various that fall within the obligation to negotiate are negotiating parties start and finish. potentially unlimited. The Premier knows full well that the One of the difficulties with this Bill is that imposition of a section 43 right to negotiate on there are only 15 clauses, despite the fact that section 43A tenures will potentially cost it is 150 pages in length. It is another Queensland millions of dollars in lost mineral indication of the way in which this Bill has been activity. For a man who claims to head a developed and the unnecessary pressures Government that is obsessed by jobs, jobs, that must have been placed on the jobs, he is, in fact, leading the State down the Parliamentary Counsel drafting it. Certainly path of economic ruin. from the viewpoint of this House, it is less than Mr Fouras: You can do better than that. desirable to have a Bill that inserts more than Come on! 230 new sections into the Mineral Resources Dr WATSON: We will see exactly where Act but has only 15 substantive clauses. In the State is economically in 12 or 18 months' these circumstances, I will refer specifically to a time. section proposed to be inserted in the Mineral Resources Act. Mr Fouras: Are you saying that you are right? Do you really want that? Section 590 sets out the content of negotiations for a modified section 43A Dr WATSON: No, I do not want that. I am process. Subsection (1) says that subsections just saying what it will lead to. During the (3) to (5) apply the requirement to negotiate. Committee stage, the Leader of the But if one reads subsection (2) one sees that it Opposition will be moving amendments provides that the subsection in which this designed to overcome some of these provision is found does not limit the problems. However, it is clear that if the Bill is requirements that apply for negotiation. not amended and a modified section 43 Moreover, the subsections offer little guidance. approach is applied across all land tenures, For example, subsection (3) says that a party and it is not limited to unallocated State land, must make every reasonable effort to reach mining development will be stymied and the agreement. In fact, I note that in the industry will be rendered less competitive in Explanatory Notes accompanying the Bill this comparison with both interstate and overseas is interpreted as "negotiating in good faith". It developments. is this terminology that has led in the past to This brings me to a final issue. In trying to so much litigation. Subsection (4) says that a talk up his half-baked proposal, the Premier consultation and negotiation party is not has publicly said that he will be talking to required to negotiate about issues unrelated or members of the Senate and the Western unconnected to the proposed mining lease. I Australian Upper House. I draw the attention of would think that this provision offers no the House to the Premier's press release of 30 guidance whatsoever to a mining company October, wherein he says— and will result in unnecessary legal action "I will be briefing and seeking support before its parameters are made clear, or at from the two Queensland Independents, least clearer. Kim Beazley, the Federal Government, 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2871

Senators and the Upper House in when I was at school. Nor is it untrue that Western Australia." many people struggled hard to make an That is nothing short of code for saying that he impression on the difficult Australian terrain. will be seeking to block the Western Australian However, we did learn a myth—a myth based Bill in the Western Australian Legislative on a notion of the rugged outback shaping of Council and the Northern Territory legislation in what it meant to be an Australian when, in the Senate. What an absolutely pathetic thing fact, Australia has always been one of the to do. Why else would the Premier be lobbying most urbanised nations in the world. senators, Kim Beazley and, of all people, Australians are city and town dwellers; they are members of the Western Australian Upper not rural farmers. That myth was repeated House? here this afternoon and relied upon by the Leader of the Opposition—a myth the Leader Mr Beattie interjected. of the Opposition cannot or will not see past. Dr WATSON: I do not think the Premier is Of course, contrary to myth, our land was that powerful, but he would probably like to not unoccupied at the time of the British think that he is. I say to the Premier that there settlement and the subsequent expansion of is just one thing wrong with that very the beachhead at Sydney Cove. It was destructive strategy. He will not get occupied by a large number of different Queensland moving by tearing down other Aboriginal peoples. The land was not only States. Rather than trying to stay competitive occupied by them but also subject to their by undermining other States' legislation—a laws, customs and traditions—customs that distinctively negative tactic—we should have meant that they belonged to the land, not that been looking to positive legislation in the land belonged to them. I can only imagine Queensland, allowing Queensland mining what it must be like for Aboriginal Australians companies to compete in a vibrant to comprehend the impact of being almost environment. The Leader of the Opposition, in excluded by our history. I can only imagine his amendments, will be providing the Premier because, in common with the vast majority of with the appropriate lead. Queenslanders, I did not meet Aborigines Mrs LAVARCH (Kurwongbah—ALP) when I was growing up in Brisbane. I did not (4.28 p.m.): I have listened to the contributions meet any, nor did I see any. There were not any Aboriginal children in my class or even at of the Leader of the Opposition and the my school. I went to Bald Hills State Primary Leader of the Liberal Party during this debate School. It was only much later that I turned my this afternoon. They took me back to my mind to the position of the land's traditional primary school days. When I was at owners. It was much later in my life before I school—mostly in south-east Queensland, but even spoke to an Aborigine. So, in common for a short period interstate—I remember with many Queenslanders, I have to imagine. learning about the great industries that made Australia strong. I was told that these One of the great speeches delivered by a industries earned for our nation the foreign man whom I believe to have been a great income which was vital to our collective Prime Minister, Paul Keating, asked us to standard of living. I learnt of the pastoral imagine. In December 1992, about six months industry and how Australia's prosperity rode on after the Mabo judgment, Paul Keating the sheep's back. My fellow students and I addressed a gathering in the Redfern park in were taught about the impact on Australia of Sydney. He said— the gold rushes and how the mining industry "... it might help us if we non-Aboriginal was forged. We understood the ethos that Australians imagined ourselves surrounded rural Australia. We sang Waltzing dispossessed of land we had lived on for Matilda, read poems of Henry Lawson and fifty thousand years—and then imagined Dorothea Mackellar and formed in our minds a ourselves told that it had never been ours. romantic notion of our wide, brown land and Imagine if ours was the oldest culture the men who tamed it. in the world and we were told it was What we were not told was the history, worthless. culture and life experiences of the land's Imagine if we had resisted this traditional owners. We were taught little of settlement, suffered and died in the Aborigines. Although probably well meaning, it defence of our land, and then were told in was paternalistic and downright wrong. In history books we had given up without a reality, we learnt a myth. I accept that it is not fight. a myth that Australia's economic fortunes were Imagine if non-Aboriginal Australians built on farming and mining, because that is as had served their country in peace and war true now as it was in the 1960s and 1970s and were ignored in history books. 2872 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Imagine if our feats on sporting fields To understand the Bill, it is necessary to had inspired admiration and patriotism understand a little about the right to negotiate. and yet did nothing to diminish prejudice. The genesis of the right is the royal Imagine if our spiritual life was denied commission that led ultimately to the and ridiculed. enactment of the land rights legislation in the Northern Territory. The system operating in the Imagined if we had suffered the Northern Territory provided traditional owners a injustice and then were blamed for it. right to say no to development, a right of veto. It seems to me that if we can It is often pointed out that the Mabo decision imagine the injustice we can imagine the did not advocate the provision of the right to opposite. negotiate. That is true. It is also true that the Mabo decision did not propose that past And we can have justice." statutory titles should be guaranteed validity What Paul Keating was saying is that we can when some may have been invalidly granted have justice if we can imagine the opposite of because of the failure to provide basic oppression, dispossession and ridicule. The Bill procedural rights to native title holders. before the House offers some hope that we By necessity, the Native Title Act had to can reach that justice, not because it is a Bill go beyond Mabo and create a balance of that is underpinned by idealism but, rather, competing interests that provided certainty to because it is based on pragmatism. It offers all statutory titleholders and guaranteed that in hope, not because it purports to overcome the the future native title holders should have a injustices of the past but because it maps a say about development on native title land. realistic way forward for the future. The Act provided that, but the Northern The Bill tackles what is the most difficult of Territory model was not adopted. No right of the many difficult issues thrown up by the veto was provided to native title interests. Mabo decision: it tackles the relationship Instead, native title interests were given a right between native title rights and the community's to negotiate in certain circumstances. Those economic interests—the relationship between circumstances were twofold: firstly, when there native title and mining. I believe this is the was a proposal to grant a right to mine; most difficult issue because the problems are secondly, when a Government proposed to real but the opportunities are great. It is more use its powers of compulsory acquisition to difficult than the relationship between native resume native title not for a public purpose but title and the pastoral industry as the issues for the benefit of a private interest. there are as much perception and emotion as This Bill deals with the first category. I they are real. understand that changes to State law on In the case of pastoralists, the position is compulsory acquisition of native title will be straightforward: where native title coexists with considered in future legislation. There are the right of pastoralists, then the right of the strong views held on both sides of the debate pastoralists prevail. The pastoralists might about the right to negotiate. For Aboriginal express a legitimate concern that there exists people, the right is not a special benefit, but, now an uncertainty that was not apparent prior as explained by the former Social Justice to the Mabo decision. The pastoralists may not Commissioner, Mick Dodson, in his 1994 know who native title holders are and what is report on native title, it is a "minimum the nature of the native title rights. That is requirement which may enable native title quite true. But, in the final analysis, that is far holders to have a say about dealings with their less important than knowing what your rights land". Miners do not see the right as a are as a pastoralist. The Wik decision and the minimum requirement but as a right that goes 10-point plan amendments make it clear that over and above that which is enjoyed by the those rights are extensive and they prevail holders of statutory interests in land. unimpeded by whatever native title rights While the mining industry might accept might or might not ultimately be declared to with some reluctance the right to negotiate be. The situation for miners, however, is quite applying on vacant Crown land that is subject different. The law asks that miners negotiate to a native title claim, it opposes strongly the with native title interests both for the grant of a right applying to coexisting tenures, such as right to mine and the compensation that flows pastoral leases. The resolution of the question from the grant of the interest. It is the depends very much on the view that is taken operation of the right to negotiate that has of native title. If native title is viewed—as it has attracted much attention in the public debate been done this afternoon by the Leader of the surrounding the Native Title Act and which is at Opposition and the Leader of the Liberal Party the core of this Bill. and also by the mining industry—as an interest 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2873 in land from a different source than a statutory major ways. In short, these are, firstly, through interest but not essentially different in the new registration test processes making it substance, then there is much to the miners' more difficult for claims to be registered and, argument. However, by that argument the hence, gain potential access to the right to rights of both a pastoralist and a native title negotiate. Secondly, the confirmation of holder should be equivalent when mining is extinguishment of native title by exclusive proposed for land. Each should enjoy the possession tenures means that claims cannot same scheme regarding notification, be registered over grazing homestead consultation, objection and compensation. perpetual leases. These are not insubstantial Essentially, these rights go not to the broadacre holdings in the State and cannot question of whether a mining title should be now be subject to the right to negotiate. granted but rather what should be the Thirdly, low-impact exploration is removed from conditions attached to that title and the the right to negotiate. Although this outcome compensation to be paid for disturbance to the was envisaged under the original Native Title land caused by the mine. In contrast, native Act, in practice the exclusion was not in place title advocates see the argument in a in Queensland. completely different light. By their argument, Fourthly, high-impact exploration is native title is far more than an interest held in excluded from the right on alternative area land; it reflects the very nature of Aboriginal land. Under the old regime, such exploration culture and societal structure. It is a far more would have triggered the right to negotiate precise right than a lease that permits over both coexisting tenures and not allocated particular activities to take place on land. If that State land that is subject to a registered claim. is the case, then it is short-changing native title Fifthly, gold and tin mining is excluded from to argue that native title holders and registered the right to negotiate by provisions in this Bill. claimants should have a right that is equivalent The old Act makes no distinctions based upon to the far lesser interests in the land. Of the type of mining operation or the kind of course, pastoralists do not see their leasehold metal mined. Sixthly and finally, the right to interest being of lesser weight than native title negotiate's application to cases where interests. As I have explained earlier, both the compulsory acquisition of native title is involved common law and the Native Title Act provide is narrowed. Although that is not relevant to that pastoral rights are to prevail over native this Bill, it does illustrate further the title rights. background to which the Bill's treatment of the The Bill before the House does not right to negotiate should be judged. This attempt to settle these questions, which are as analysis shows that it is misleading to focus much moral and philosophical as they are only on the application of the right to negotiate legal. Rather, it accepts the Commonwealth's on alternative area land and ignore the other starting point as found in the Native Title Act changes in the law that will narrow the ability to and devises a Queensland compromise. The access the right. opponents of the Bill allege that the Bill will In an earlier debate on native title I either water down the right to negotiate too commented on how the Howard Government, much or make the right too freely available. I with its new Native Title Act, has created a believe that neither allegation is correct. The highly complex scheme. In comparison, the Bill allows the right to negotiate to be accessed old Act is akin to the Trade Practices Act, over so-called alternative area land. This is which depends upon statements of general land where native title might coexist with principle, while the new law is like the highly statutory interests, such as a pastoral lease. prescriptive Income Tax Assessment Act. The The Commonwealth legislation permits the complexity is reflected in the Bill. Distinctions States to create a regime that will replace the can be drawn between different types of right to negotiate with a consultation and mining on different kinds of land. Although objection right. To cast this decision as tilting there is a genuine effort to combine the balance in favour of Aboriginal interests is processes, the path one ends up on depends to ignore the very significant changes in the on a range of variables. I do not share the native title scheme that reduce the occasions Premier's optimism that the Bill will starve the on which the right to negotiate can effectively lawyers. be accessed when compared with the situation In short, the Bill provides that exploration prior to the 10-point plan. will not trigger the right to negotiate but will in The changes were identified in the report high-impact cases invoke an objection and of the Scrutiny of Legislation Committee, which consultation process. For mining itself, the right I tabled this morning. The analysis shows that to negotiate will be triggered regardless of the right to negotiate will be wound back in six whether native title has been constrained by 2874 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 coexisting statutory tenure. However, the paths framework that emphasises the processes of will separate at the tribunal determination agreement, discussion and mediation. It gives stage between alternative area land and not proper recognition to competing interests and allocated State land. The factors that the comes to a balanced outcome. I congratulate tribunal must take into account for not the Premier on achieving all of this in such a allocated State land reflect the full right to short time frame. I commend the Bill to the negotiate while in alternative area land cases a House. lesser range of matters must be considered. Mr HORAN (Toowoomba South—NPA) Before I leave the right to negotiate, I (Deputy Leader of the Opposition) (4.47 p.m.): would like to clarify a misconception that the The hypocrisy of the minority Labor Leader of the Opposition and his deputy, the Government and the Queensland branch of member for Toowoomba South, Mr Horan, the Australian Labor Party on the right to seem to be labouring under in relation to the negotiate, and particularly the hypocrisy of the Chevron gas pipeline project and the Premier on that right, is nothing short of application of the right to negotiate. On several absolutely extraordinary, and for it the Premier occasions the Opposition has posed questions deserves to be exposed. to the Premier which have as their premise We have a Bill that would impose on that the Government, while in Opposition, every major mining project in this State Paul supported the Chevron project pursuing Keating's right to negotiate. However, the amendments to the Native Title Act that member for Brisbane Central wanted an excluded the right to negotiate from applying exception, and a spectacular exception. Of to that project. The truth is that, under the old course, I am referring to the very important Native Title Act, the right to negotiate did not Papua New Guinea gas pipeline, or Chevron apply to the acquisition of native title rights project. If the Premier had his way, one project under the provisions of the Queensland in this State—just one project in this Petroleum Act. Amendments to the State—would get an exemption from the right Commonwealth Native Title Act proposed by to negotiate that Labor wants to foist on every both the Howard Government and the Senate other major project in this State. That is had the net effect of changing the law so that discriminatory, unjust and unfair. It pulls the the right to negotiate would apply to the rug totally out from under the Premier in project when previously it did not. I am advised relation to what he says he is trying to do with by the company's advisers that the objection this legislation: to be non-discriminatory, to be of Chevron was not to the right to negotiate just and to be fair. By the Labor Party's explicit applying to the project but to it applying after admission, the PNG gas pipeline project—— the process of negotiations had already been entered into and agreement reached with Mrs LAVARCH: I rise to a point of order. I traditional owners. In other words, the have just explained to the House that the company was seeking a transitional background—— amendment that would allow the existing law Madam DEPUTY SPEAKER (Ms Nelson- to continue to apply to the advanced state of Carr): There is no point of order. native title negotiations. Mr HORAN: By the Premier's very In any event, the Native Title Act, as behaviour, this is a classic example of why the amended by the Commonwealth, had the right to negotiate is an absolutely destructive effect of maintaining the existing outcome in nonsense. The pipeline is a gas project regard to the right to negotiate. That is, it did stretching from Kutubu in the eastern not apply. It should be noted that the highlands of Papua New Guinea across the company's objection was not to the right to Torres Strait, right down Cape York, past negotiate. I repeat, its objection was not to the Cairns and then along behind every major right to negotiate, but to the law changing at coastal regional centre in the State— such an advanced stage in the process. To Townsville, Bowen, Mackay, Rockhampton, all suggest otherwise is mischievous and the way down to Gladstone in the first instance misleading. and possibly, over time, down past Bundaberg In conclusion, I believe that the Bill is and Maryborough, perhaps even to Brisbane worthy of support. It offers a pragmatic and and maybe even in the longer term to Sydney. sensible way forward. It does not pander to the It is an extraordinary and important project interests of miners without having regard to the supported by both the coalition and now the genuine and proper interests of native title Labor Government. The pipeline will be holders. By the same token, it understands the hundreds of kilometres long. On the clear community's interest in achieving reasonable precedent of what has happened in this State economic development. It does so in a in recent years, one could imagine the number 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2875 of native title challenges that such a project project because the Labor Party knew that the would attract. Under the plan that Labor wants right to negotiate had the potential to destroy to foist on every other developer in this State, this important project. What a funny and it simply would not happen. Labor knows that it unethical way for the Labor Party to do would not happen. national business of such importance. On the Today the Government of Queensland one hand, it followed a so-called party principle cannot even build a power line running a on policy but, for whatever reason, it was couple of hundred kilometres from Gunpowder prepared to make this one significant large to Century in the north-west to power up the exception. Why just one? What about all the biggest zinc mine on the planet because of other projects that contribute to economic the native title laws favoured by the Australian growth and jobs? The ALP could have Labor Party in this Parliament. Today the supported the coalition, and not only Chevron Government cannot even build a single bridge but also all other important projects would over the Gregory River to provide all-weather have had the same rights. access to Century because of Labor's laws in On the morning of Thursday, 9 April 1998 relation to native title. Both projects are still tied in Canberra, Senator Nick Bolkus, fresh from up by the policy and the law on native title insisting on a right to negotiate for private visited upon this country by members infrastructure projects—so he must have opposite, who now want to widen its reach. almost choked on his own hypocrisy—did the They want to widen its impact and its ability to bidding of the Queensland Labor Party and delay with one exception, which is the gas the consultants. He sought a special and pipeline from Papua New Guinea. If, thanks to unique exemption from the right to negotiate Labor, we cannot build a couple of hundred for the Chevron project. Senator Nick Minchin, kilometres of power lines and if we cannot who was leading the debate for the build one bridge over one river, what hope do Government in the Senate, picked it in one we have of being able to construct a pipeline when he said— that will run for hundreds of kilometres across "This eleventh hour—or ten past the Torres Strait, home of the Mabo claim, midnight—amendment by the ALP frankly down Cape York, home of the Wik claim, and is nothing more than an admission by the down the entire seaboard of the State through ALP that the right to negotiate process is at least 16 distinct Aboriginal groups? Of completely inappropriate for private course, the answer, which is clearly accepted infrastructure projects like the Chevron by members opposite, is Buckley's chance. pipeline. We want to see that go ahead That is the fate awaiting Chevron, because the and we understand the enormous Labor Party in Canberra denied the problems that the right to negotiate would Commonwealth the ability to exempt all such present for completing a project of that projects from the right to negotiate. That is the kind. This simply demonstrates exactly irony, and it is further proof of the hypocrisy what we have been saying all along—that and the insincerity of those opposite. these sorts of projects will be bogged In the Senate the Labor Party refused to down for years if they have to go through back the proposition that no project like the full-blown right to negotiate process. Chevron should face the right to negotiate. This amendment would be completely Then we had an extraordinary set of events. unnecessary if the ALP had supported us Using consultants, Chevron lobbied the Labor in ensuring that ordinary procedural rights Party in Canberra to protect that particular applied with respect to native title holders project from the right to negotiate that Labor and private infrastructure projects. was insisting every infrastructure project like it So we regard this as quite a had to face. During the second Senate debate remarkable proposition. These sorts of on the Commonwealth's Wik amendments in project specific amendments are never all April, Michael Lavarch, who was one of the that attractive. We want that project to architects of the original right to negotiate proceed. We believe that our when he was Attorney-General in the Keating amendments would have facilitated that, Government in the early 1990s, and Ross as it would with many other private Rolfe, who was the Director-General of the infrastructure projects all over Australia. Environment Department of the Goss Are you saying that we should go along Government, went to Canberra looking for an just having these sorts of exemptions exemption from Labor's right to negotiate for from the right to negotiate process from this one project, the Chevron project. Of every major private infrastructure project course, they got it. They got an exemption that you can think of or that you get from the right to negotiate for this particular correspondence about? In that case, you 2876 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

should have supported our amendments in relation to the potential for more in the first place." straightforward public benefits such as town I say "hear, hear" to those profound words gas supplies and the like. Ironically, this was a from Nick Minchin, because he got it precisely form of construction of public works or works right when Labor snuck this amendment into that would have a public benefit in this State the Federal Parliament in the dead of night to that, at least on paper, was championed by save a single project from the madness of the the Labor Party the last time it was in power in right to negotiate. He got it exactly right—it was this State. Some honourable members will absolute hypocrisy. It was a clear admission of recall that the former member for Logan, when the damage that, in their own judgment, their Premier, and the former member for Cairns, right to negotiate policy can and will do. when Treasurer, championed the concept of privately constructed public infrastructure. That This incident reveals a number of things is another contradiction and another piece of about the members opposite that are not hypocrisy. The real point is that the general readily apparent from the ostensibly high- public of this State will suffer as a result of the principled way in which they seek to present hypocrisy of the Labor Party over the right to this Bill to the Parliament. First and foremost it negotiate, not only because of the flow-on reveals the Bill as a massively dangerous impact on mining but also in relation to the sham. Members opposite are so aware of the provision of basic as well as flow-on services danger that the right to negotiate presents to from the infrastructure projects that are the viability of projects such as Chevron that increasingly commonly built by third parties. I they seek an exemption for a particular project. have used gas and the Chevron gas pipeline That also highlights that the right to negotiate as an example. is an issue that will affect not only miners, as There are, of course, other equally strong huge as that impact will be. Labor's right to examples in relation to gas that underscore negotiate will impact not only on mining the hypocrisy of members opposite. One is the projects on pastoral lands in this State. As the Chevron issue shows, it will also impact on south-west gas pipeline, which was completed infrastructure projects. late last year to supply Brisbane. Another is the Ballera to Mount Isa gas pipeline that is Under the original Native Title Act there now servicing the energy needs of the north- were really only two intended areas of impact west minerals province. The south-west gas of the right to negotiate. One was where project was a crucial gas connection between mining was proposed on native title land that the fields in the far south-west at Ballera into was presumed to be constrained back in 1993 the main pipeline to Brisbane near Roma. to vacant Crown land. There was to be a right Brisbane had been getting its gas from the to negotiate where native title rights were Bowen Basin, but flows were declining. In compulsorily acquired by Government for the 1996, the coalition faced a race against time benefit of a third party. Public infrastructure to get that pipeline built to tap into south-west projects built by a public sector entity were reserves before Brisbane ran out of gas. That exempt, but amendments moved by the was on the cards in the early months of 1997, Commonwealth Government in the Senate because the former Labor Government had provided a sensible proposition in relation to behaved in relation to this project as badly as it those third-party projects, and that was had behaved in relation to the power industry, opposed by the Labor Party. The proposition with its typical neglect and do-nothing attitude was that there be an exemption from the right throughout the early nineties. Brisbane was to negotiate for what has become an running out of gas. The former Labor increasingly common phenomenon right Government had sat on its hands and left a across the country, which is the construction of start too late, and the coalition had to deliver infrastructure of benefit to the general that project by the end of 1997 or the capital public—even if, strictly speaking, it is not a city would have run out of gas. We did it, but public infrastructure project—by the private only just. sector. That covers projects such as the We negotiated the cultural heritage issues Chevron gas pipeline. across almost 800 kilometres of the State, and The argument for those amendments, that project was delivered in the nick of time which clearly the Labor Party agrees with, is thanks largely to the superb work of some that projects like Chevron, while being totally public servants who had developed great commercial—that is, private projects—have the expertise in the area of Aboriginal consultation obvious potential to be of significant benefit to and had gained the trust and the cooperation the general public in terms of the development of the Aboriginal groups, the Aboriginal they foster and the jobs they create, let alone communities and their leaders, particularly on 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2877 the Goolburri Land Council. That council was by public money for the public good with public crucial to the success of the project, as was workers, Labor wanted a right to negotiate. the company Tenneco, as it was then known, The State would have ground to a halt, which was the constructor. and all because the Labor Party takes this Today, under the Labor Party's approach extraordinary view—this kindergarten to the right to negotiate, that pipeline would view—that the only way the nation can right attract a right to negotiate. It would not be a the historical wrongs done to the Aboriginal matter of a cultural heritage clearance, with people is to wreck our economy and wreck our absolute regard to the issues of Aboriginal public services as some sort of penance. It is sacred sites and the like. It would not be a too stupid for words. The extraordinary matter simply of cooperating with Aboriginal performance of members opposite in respect people over every inch of the route to ensure of the Chevron gas pipeline is totally and that damage to country that was sensitive to absolutely hypocritical and shows their them was absolutely minimal. It would be a insincerity. full-blown right to negotiate. I would lay We do not have to be stupid to give the London to a brick that Brisbane would have Aboriginal people their due in relation to run out of gas early this year if the approach of decisions that are taken in relation to projects. the member for Brisbane Central to the right to For many years their concerns were ignored. negotiate had been in place. Australians now universally accept that those We would not have been able to build it in concerns should be met, and they should be the timely fashion we did, and with absolute met at precisely the same level that the regard to the rights of Aboriginal people; the concerns and rights of any other Australians lawyers would not have let it happen. Once we are met. Some of their concerns are quite get into the right to negotiate arena—and the different from those that might be held by countryside is now littered with powerful other groups of Australians, and those examples—we open Pandora's box and the particular concerns are to be addressed. The lawyers flood in. Exactly the same applies to Commonwealth Government has rightly the north-west project, the gas lifeline for the demanded that that occur. north-west minerals province, via Mount Isa, The Senate ultimately determined that it which was again constructed in the life of the wanted to provide the Aboriginal people with coalition. Again, around 800 kilometres of rights that were somewhat greater than those pipeline were laid in record time, culturally provided to others. We do not necessarily cleared in record time, and built giving full agree with that, but we accept it. We accept respect to Aboriginal concerns, in full fairness that the only viable regime for dealing with to the Aboriginal people and all projects in relation to native title is what is now Queenslanders. Under the Labor right to Commonwealth law. But even those negotiate regime, that project, too, would now somewhat expanded rights still approximate have to go through a full-blown right to the rights available to other Australians. They negotiate, because it is a project that was built are, quite openly, limited procedural rights. by the private sector. There is no basis for any more. We simply could not get that done under This speech has concentrated on the right the regime that the Labor Government now to negotiate. We have exposed the sheer wants to impose. The proof of that is that hypocrisy of the minority Labor Government in members opposite agree, as reflected in their Queensland, which wanted—and actively attitude towards the Chevron gas pipeline. It worked to get—freedom from the right to could have been even worse if Labor had had negotiate in respect of one particular project. its way fully in relation to the right to negotiate. Why does it not want that freedom from the Some honourable members even on the other right to negotiate in respect of all projects in side of the House may be as dismayed as Queensland—all of the important projects that members on this side of the House are that provide not only economic growth and jobs but Labor sought in the Senate of this nation even also public infrastructure and services to this to make publicly built infrastructure subject to State, which can only be for the benefit of all the right to negotiate. That is what it wanted to people, be they Aboriginal people or other do. If one was doing anything other than Queenslanders who are looking for work, jobs, maintaining or rebuilding within an existing security and growth? I do not think we have corridor crucial public infrastructure, one had to ever seen hypocrisy of this standard before. It go through a full right to negotiate. That is about time that it was exposed. It is about applied to any new powerline, water pipeline, time that the Government did another one of gas pipeline and road. Even if they were built its famous backflips. Let us give a decent 2878 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 opportunity to every organisation and he was a person working there. In his hour of company in Queensland that wants to lunchtime, he went and studied up on native undertake public infrastructure projects in this title in other countries. Of course, it is an State. Australian historic record now that the "Mabo Mr REYNOLDS (Townsville—ALP) lead" was taken by Eddie Mabo. Let us (5.07 p.m.): Today it is with a great deal of remember that that lead came from an pleasure that I rise in the House to speak in indigenous person. It did not come from the favour of the Native Title (Queensland) State Governments of Australia either at a State or Provisions Amendment Bill (No. 2). The key Federal level; it came from a member of the objective of the Bill has been recognised as indigenous community. That was a hard- implementing Stage 2 of the Premier's native fought right by Koiki Eddie Mabo which ended title strategy by providing for the establishment up in the High Court of Australia giving the of a simple, straightforward and workable lead from the High Court—not from the mechanism to deal with future acts in respect Government, but from the High Court. It is a of mining that might affect native title. shame that that declaration from the High Court came after Eddie Mabo died. It was a A little while ago I heard the honourable long and a hard fight for indigenous rights. We member for Toowoomba South speaking first of all saw from that High Court judgment in about hypocrisy. What hypocrisy and expertise the Mabo decision a recognition of indigenous in hypocrisy we have heard today from the native title rights. We then saw in the Wik Opposition Leader, the Leader of the Liberal judgment a further recognition of native title Party and the member for Toowoomba South! rights in Australia. Once again we have heard remarks from them that are of a divisive nature. It does not I think some of us forget that it has been surprise us that their remarks are divisive, 210 years since European settlement in this because we had two and a half years of a country. We can look back over those 210 Borbidge Government which adopted a years I think with a fair amount of shame in divisive and unsuccessful approach to native regard to what was not done for indigenous title. What did that get us? It got us nought in people in this State. We have seen over the terms of mining projects in this State, in terms past 30 years—and I am going to go on with of the relationship that any Government this in my speech today—some recognition in should have with indigenous people, and in an incremental way. For 210 years since that terms of our stature as a State Government European settlement in Australia, we have across Australia. The Borbidge Government's seen only incremental advances made. record is that of a disgraceful and divisive As a member of this House, I listened to Government that was opposed to the rights of the statement of the Leader of the Opposition indigenous Queenslanders. today that he believes that indigenous This Bill before the House today is about people's rights and privileges should be the a fair and equitable system of native title in the same as those of the pastoralists. What a joke State of Queensland. This is the second stage and what gross hypocrisy that we have heard of the legislation to be introduced. The August from the Leader of the Opposition today! If we legislation was the first stage of the legislation look at the social indicators that relate to both to be introduced by the Beattie Government. indigenous and non-indigenous people, we As has been indicated by my fellow speakers see that indigenous people—and it does not on the Government side today, there is a need matter what social indicator we look at—are at for an honourable balance. That term the bottom rung of every social indicator. I "honourable balance" is not understood by the challenge honourable members to tell me one Leader of the Opposition and by other in which they are higher than the bottom rung. Opposition members who have spoken today. If we look at housing, education, This is about an honourable balance—an imprisonment, employment, unemployment or honourable balance in regard to the rights of health, or if we look at any other social the different stakeholders who have sat indicator, we see that indigenous people are around the table with the Government for the on the bottom rung. past two months. Mr Nelson interjected. I would like to reflect back to where native title actually started. I happen to have been a Mr REYNOLDS: So much for the derision friend and a colleague of Eddie Koiki Mabo, a that I am hearing from the One Nation resident of Townsville throughout the eighties members on my right! when I was mayor of the city. I know that Mr Nelson: You're going to hear a lot Eddie Mabo went to James Cook University; more. 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2879

Mr REYNOLDS: I am sure I will. I will tell not about negotiation; he was about a honourable members something. All we hear bombastic, divisive attitude when it came to from the right-hand side of this House from native title and negotiating with indigenous where I am sitting is the inherent racism of people. their remarks. It is the inherent racism of the That is just one example of his attitude One Nation Party's remarks. towards negotiation and consultation with Let me say that, as a person representing indigenous people. His approach was about my electorate in north Queensland, as a scaremongering. We heard about that person who regularly goes to indigenous scaremongering for two and a half years; it did communities and as a person who in the last nothing. It got 11 One Nation members week and a half has been to Palm Island and elected, but it did nothing for the Borbidge Yarrabah and listened to indigenous people Government, and I believe it will do nothing for and their concerns, I can tell honourable the Opposition or One Nation, either. That members that native title is high in their priority approach was bombastic and demeaning. It of concerns. In stark contrast to the was an approach that was inherently racist. Opposition's shameless attack in this House We have heard that bombastic, demeaning today, the Beattie Government has been and scaremongering approach once again about consultation. We have had genuine from the Opposition Leader, who I see has consultation with the Queensland Mining sought to join us in the House once again Council, the Queensland Indigenous Working today. Group, the pastoralists and others who have In regard to the mining industry, this been concerned with this Bill before the House Native Title Act embodies a compromise of today. It is fair enough to say that that has interests. I believe that the Carpentaria and been a very difficult period of negotiation. Full Mount Isa minerals province, with which I have marks should go to the Premier and his had a reasonable amount to do as the past negotiating team for the work that they have chairman of the port authority where much of done in putting this native title Bill before the this product is going, has a huge amount of House today. potential. The mining industry will be able to Let us compare it again with my work within the framework of this legislation. experience with the Borbidge National/Liberal The right to negotiate has been modified and I Party Government which was in power in this believe that the Premier has successfully House for two and a half years. I want to go negotiated a piece of legislation that will serve back to Easter 1996, when I was Chairman of the interests of both indigenous and non- the Townsville Port Authority. We have heard a indigenous Queenslanders into the new lot today from the Opposition members in millennium. It will be an end to the divisive, regard to the Century Zinc project. Let us hear ugly attacks on indigenous people which were some reality in regard to where they were perpetrated by the Borbidge administration there. Their attempts to resuscitate and get and further carried out by the Opposition the Century Zinc project going were scurrilous Leader in his disgraceful attacks on indigenous and scandalous. We saw that, when native people in this House today. That to me is a title holders wanted to come and negotiate disgraceful situation that has been going on with the Government or wanted to come and for the past three years. He knows little about negotiate with me as Chairman of the it; he cannot even recognise his own attacks. Townsville Port Authority, the Borbidge I grew up in north Queensland. I had Government put every wall or divider in the about 48 years' association with that north way of that negotiation occurring. Queensland area. I recognise that the In Easter 1996, as Chairman of the referendum passed by the Australian people in Townsville Port Authority, I wrote to the then 1967 was a recognition for the first time—and I Premier, and let me place this on the public am talking about 31 years ago—in a 210-year record. I wrote to the then Premier with a history that the rights of indigenous people in request that I had been given by all of the Australia were recognised in any way, shape or native title holders around the Century Zinc form by any Government. In the early project. They wanted me to go to Doomadgee seventies, after that 1967 referendum, we saw to talk to them about the Townsville port and the achievements of the early days of the the role that it could have had in the Century Whitlam Government—the setting-up of Zinc project. It is a matter of public record that Aboriginal health services and the the then Premier wrote back within a few hours establishment of Aboriginal legal services. That of my request to go to Doomadgee and said, was the start of a massive injection of funds "No, we don't agree with negotiation and we into indigenous communities in terms of the don't want you to go." The then Premier was very important work that is required. 2880 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Is the very true nature of One Nation not Government keen to encourage mining coming out today? Does it really not rankle the development in Queensland, a Government One Nation members here today that we are keen to provide jobs for all Queenslanders and actually talking about indigenous rights? We a Government determined to ensure that are talking about the 210 years that social justice is achieved for indigenous indigenous people have been trodden on in Queenslanders. I commend Premier Beattie Australia. Does it not rankle the One Nation on his leadership on this issue and I commend members in a very impressive way today? the Bill to the House. Twenty-five years ago in Townsville, where Mr NELSON (Tablelands—ONP) I live, one hardly saw a black person in any fair (5.23 p.m.): Today I will move a raft of dinkum or genuine employment. The last 25 amendments to the Native Title (Queensland) years have made a tremendous difference to State Provisions Amendment Bill (No. 2). I will indigenous people in this nation because at inject a bit of reality into this debate. Reality is last, after decades of shame, it has been something that is sincerely lacking in this recognised that their purpose and role should House. I will tell the House why this thing be one of partnership with the non-indigenous cannot "coexist", as the Government likes to people of Australia. I feel very proud of the 25 put it. years of progress that we have seen under I ask members of the House to picture State and Federal Governments, and under something. I know that some members on the the Federal Government of Malcolm Fraser. Opposition side might be able to do it, but This disgraceful exhibition today by One Nation members of the Government will have a lot of shows its true nature. trouble. I ask honourable members to picture a Mr Dalgleish interjected. pastoralist pushing a herd of cattle towards a Mr REYNOLDS: The member for Hervey lake, a lagoon or a billabong—whatever you Bay has rarely interjected in this House. He is want to call it—to water them, late in the interjecting today. The true nature of One afternoon, after they have been droving all day. Let us say the cattle start backing up. The Nation is really coming out today—its inherent drover is trying to push them but they will not racism and its bombastic, divisive attitude. One Nation members cannot help themselves. We move. So he goes around the front to find out knew that when it came to the native title what is going on and why they will not go down legislation One Nation members would all to the water. Usually cattle will run straight into interject because their true nature would come it. What is down there but a bunch of people out. It is very impressive. I thank them very hanging around the billabong, and they are much. not going to move. Why? Because they have native title rights. They do not have to move. Mr DEPUTY SPEAKER (Mr D'Arcy): The pastoralist says, "I have to get this cattle Order! This is getting out of hand. I suggest watered", so he goes and rings the local the honourable member address the Chair copper, who could be up to 300 or 400 and that interjections cease. kilometres away, to try to get some help in this Mr REYNOLDS: The Bill before the House situation. today is a fair and honourable outcome for all Mr Bredhauer interjected. stakeholders. It recognises that native title is an intrinsic right of indigenous people—a right Mr NELSON: The Minister should know; that has been recognised by the High Court of he comes from Cook. He should go and talk to some of the pastoralists up there. Let us just this land. Importantly, it recognises that the say that the local police officer is in the area true nature of reconciliation must also embody and he turns up. I have talked to some senior native title rights. That is the fair dinkum police about this issue and they do not know approach to reconciliation. This Bill is what to do. Are they going to stamp all over pragmatic in its nature in that it also recognises these people's native title rights so that they the rights of the mining industry and modifies get out of the way and the drover can water the right to negotiate. his cattle? None of the stakeholders today could say Ms Bligh interjected. that they are completely happy, but I believe the Bill before the House exemplifies the Mr NELSON: What would the Minister leadership of the Premier in negotiating a fair, know? How many cattle are there in Brisbane? honourable and equitable outcome. It None! What happens in the situation that I recognises the inclusive nature of the Beattie have outlined? They say, "The pastoralists' Government—a Government which is rights would negate this." That is rubbish! In determined to protect indigenous rights, a reality it is completely unworkable and a joke. It 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2881 makes an absolute mockery of equality. That some people would wake up to themselves is an example of why native title just does not and realise what he was trying to do. work. Honourable members should put themselves We have heard members opposite talking in his situation. He said, "There is no-one here about terra nullius. What never ceases to for me to treat with. Therefore, I have to do the amaze me is how people can stand here and best I can under the British colonial system of tell me what an 18th century naval captain was government." thinking when he spoke about terra nullius. I I will talk about the British colonial system say right here and now that the High Court of government and what it has done to many judges must have had rocks in their heads people throughout this world. The British when they made that interpretation of terra Government in its heyday, under Victoria, just nullius. As a person who has studied history, I traipsed around the planet, raping and will tell the House what the 18th century naval pillaging its way through lord knows how many captain would have been thinking. These jokes systems of government and people—including on the Government side of the House who call the Irish people, with whom I can claim some themselves politicians just will not listen, sort of multicultural, tree hugging, Left Wing, because this blows all of their theories out of trendy association. Of all people, the Irish have the water. been wrongly and unfairly dealt with. Today I will tell the House what terra nullius they continue their struggle, as a few members meant. The captain turned up with a bunch of opposite may know. convicts in the back of his boat and had to get When I was in Canberra I took time out to them on the ground somehow. The naval visit the people in the Irish Embassy to discuss captain, completely taken away from his lines the issue of land rights. I said to them that my of communication, with no hope of receiving great-great-great-grandmother was turfed off any help whatsoever in determining what goes her farm at the age of 17, strapped to the on, would have looked around for some bottom of a convict ship and transported Government to treat with, which is what he was across the planet as a slave, conveniently sent out here to do. I am not saying that the labelled a "convict". I said, "I think I should be English colonial system was great. entitled to something because of that. I feel People who read through the naval really hurt and repressed and destroyed captain's memoirs will see that he was trying to because of that. It has totally upset my whole do the right thing. He was having a go. He life. What can I get from the Irish would have turned up and wandered around. Government?" Do honourable members know Any members of the House who have read a what they did? They laughed. They said, "Are book called The Timeless Land will understand you serious?" I said, "In my country, you can what I am talking about here. He wandered for a lot less." They said, "That's your country. around to see what he could come up with. He I'm sorry, but it doesn't work over here." could not find any system of government. That Where am I native to? I am certainly not is because, as any real Aboriginal will tell you, native to Australia. I would get laughed out of they did not have any system of government. a native title tribunal hearing in an instant, They did not have all this wonderful stuff that because I am not a native Australian. I am not white man has made up for them. As the a European because, as those opposite so member for Kurwongbah rightly said, they rightly say, I have never been to Europe. So were a people who lived with the land. They where do I belong? Where is my homeland? did not own the land; they were a part of the What about the social injustices dealt to my land. ancestors? But wait a minute. I am capable of We have the good naval captain standing standing on my own two feet and doing there saying, "I do not have anyone to something about my situation. I can take negotiate with. I do not have anyone to draw responsibility for my actions and say, "Hold on. up treaties with. What can I do?" In his log he I am going to make some changes and do put down this 18th century concept of terra some good", and stand up and do whatever I nullius. He said that there was no-one here for do. him to treat with. He was not saying that there This all comes back to taking responsibility was no-one here. He was standing there and for one's actions. I hate to say this, because I he could see that there were plenty of people, hear many members opposite saying it, but I but he could not see a system of government have many friends who come from an for him to deal with. So he said, "There is no indigenous background, including family who Government here for me to deal with", in the live in Brisbane. One of my aunties found out hope that one day, in the centuries to come, very late in life that she had some Aboriginal 2882 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 ancestry. Members can check this, and I am treat them as Australians, with equal rights, as sure that they will. She is now an elder of the one people, with no distinguishing features or Dharug tribe in western Sydney. When she first anything like that. I see each person as an went down there, she asked about finding out individual. I am not into collectivism and something about her heritage and her roots, socialism. I believe that each person is an which I believe is the right thing to do. individual. People should be protected by the Instantly, she was handed a sheaf of forms to rights of the community as that community fill out to try to claim some sort of money or sees fit to develop those rights. substance from the Government. She said, I am here to tell the honourable member "Wait a minute. I would like to find out some for Townsville that as the Leader of the information." The reality is that the system is Opposition rightly said, when we start chronically misused and abused. It has totally legislating to separate people while still trying removed the realism that people would have to call them equal—and they have separate to deal with if they went to communities and laws that are applicable to them—that is called dealt with Aborigines in real terms in the apartheid. One other country had that system, communities in which they live. namely, South Africa. I would never, ever With mixed emotions, today I heard the support a system of apartheid in this country. Minister for Aboriginal and Torres Strait But it goes even further than that. In South Islander Policy saying basically exactly the Africa they called it "separate but equal". Here, same things as I have said and the same we are not even close. We do not even come things as Mrs Leneen Forde has said. Yet within shouting distance of "separate but while those two people are shining lights for equal". We legislate rights for individuals so reconciliation and a path for the future, I have that they have separate access to law and been labelled a racist. they have separate agendas. I am against the whole concept of separation. An honourable member: That is hard to understand. Mr Reynolds: You are basically ignorant of native title. Mr NELSON: It is very hard to understand. Why is it that when one person Mr NELSON: Here we go! That is like the says something and another person says "colouring in" statement we heard earlier. Yes, exactly the same thing a couple of minutes I am ignorant of native title, because I believe later, one person is labelled a racist and the that native title is the most divisive and racist other is supposedly a shining light for thing that has ever been brought into the reconciliation? That is totally inconceivable. But Australian political scene. It is destructive. It is fair enough. I can understand that, because I ripping this nation apart at its very roots. It is am not a member of the politically correct in- destroying communities at the ground level. I crowd. Therefore, I am not afforded the same live in one of those communities that are being rights as those afforded to the Honourable absolutely pounded by the concept of native Minister. However, I am not going to stop title. One Aboriginal lady in one community did speaking just because somebody labels me. I not even know that a native title claim had know that members opposite would love that been lodged on her behalf. She was totally to happen, but I am here to tell them that it is shattered when she found out about it and did not going to happen. I will accept all the labels not want anything to do with it. She is the only that people want to give me. All they do is person who could have had title to that land, steel my resolve. I speak in this place on yet the Northern Land Council is lodging claims behalf of 438,000 Queenslanders, and I on her behalf. She never asked for that. She guarantee that they are all thinking exactly the never wanted it. She has been a productive same thing as I am thinking. And fortunately, member of my community for a lot longer than at the next election, they will show members anyone else has been. This reinforces the opposite the same sort of thing if they go argument that, nine times out of 10, the ahead with their divisive and racist policies. people who are involved have no idea what is going on and nothing to do with it. It is all legal If one believes ATSIC's figures, 28% of jargon and rubbish. my community is Aboriginal. But when I go out Mr Mickel: What's her name? into my community, I do not look around and say, "Oh, there is an Aboriginal Australian. Oh, Mr NELSON: I am not going to name her wait a minute, this guy here is a Chinese in this place. She deserves the right to privacy. Australian. Wait a minute, this person is a That is something about which members Croatian Australian." When I walk around my should talk later. community, I walk up to each and every A couple of names have been bandied individual and say, "How are you going?" I around this House. I have been called a racist 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2883 a few times. That is totally ridiculous. People House the one amendment that I would like to will have to try harder and go further than that. see passed, that is, that this Bill be abolished They will have to campaign in my electorate to instantly to stop the destruction of my society get rid of me. There is no way in the world that and my country at the hands of people who a label is going to get rid of me. I stand on my are pushing a racist and divisive agenda, credentials. The only people who have ever because the High Court has made its decision, called me a racist sit in this House—no-one I and far be it from me to question the decision actually know or work with. Every time I go of the High Court. back to my community I get taken down the An honourable member interjected. main street of town by people who actually support me. I did not inherit my seat; I won my Mr NELSON: The member talks about seat. When I go to town, people come up to heritage. Members of the Labor Party are only me, slap me on the back and say, "Shaun, get here to destroy heritage—to pull down all my up them. Get into them." They ask, "What are cultural beliefs and to replace them with a you doing, Shaun?" I say, "Oh, not much; fictional story. They clutch their hearts and say, keeping out of trouble." They say, "We did not "Oh, but we are defending this and we are send you down there to keep out of trouble, defending that." Rubbish! They are getting young fellow. We sent you down there to take themselves re-elected. They do not give a them a message and to make them wake up hoot. I reinforce the words of the Leader of the and listen." I am sure that if members opposite Opposition when he said, "Hand over your took the time to go out into their electorates backyard. Hand over your farm"—not that they would hear exactly the same sort of thing many members opposite own them. I will be from people on both sides of the political right behind them in the queue with about 150 spectrum. Members of the One Nation Party dairy farmers. We will all be standing there branch on the tableland used to be members behind them ready to go next. The simple fact of the Labor Party, the National Party and the is that most members opposite are totally Liberal Party. They encompass all types of immune to native title. And when one is political thought, but they all feel exactly the immune to something, it is great to be able to same way about this: one people, one say, "I think that is the best thing in the world." country, one nation. That is the best thing we They know straightaway that it will not affect can aim for. And I am sure that any right- them. It will never get into their backyards. minded and sensible person in this House They will be very careful to make sure that that would agree. does not happen. Let us remember that the place on which I return to the people I was talking about we are standing, as Mr Bonner rightly said, before, and I will refer to only one of them: Mr used to be tribal land. The backyards of Charles Perkins. If ever a racist was born in this members opposite also used to be tribal land. country, there is one. Every member of this I have heard Mr Bonner speak long and hard House should get hold of a book that he wrote about what the country used to look like along in 1975. I will not give the title of the book, the Brisbane River. I say to members opposite: because I consider its contents to be do not feel guilty; foist the guilt upon the unparliamentary. If anyone wants to have a look at it, I have it; they can come and talk to people who live in regional communities; foist me. That book is the most hate-pandering, the guilt upon the pastoralists! A lady from racially divisive thing I have ever read. He talks Cape York visited me in my electorate office about banning Negro people from this country because she could not get anywhere near her because he believes them to be the toys of local member. In tears, she told me about the the white man. He talks about all sorts of problems she is having on her property things like that. He tells the Aboriginal people currently. of this country to rise up in civil war against the Dr Prenzler interjected. Government and to go off on a shooting Mr NELSON: Her property is in the Cook campaign—all sorts of wonderful stuff like that. electorate, but she cannot get anywhere near If I started talking like that in here, I would be her elected representative. He is in Cairns and ushered out of this House in a heartbeat. But she lives on the cape. we cannot speak about Mr Perkins. Why? She relayed to me the exact story that I Because he is protected by his Aboriginality! told honourable members when I started this To speak about him would get one labelled as speech. Those events have happened to her what? A racist! not once, not twice but on numerous This is all about reality. I have occasions. Her nearest police officer is foreshadowed a heap of amendments to this stationed in Bamaga, a good 300 kilometres Bill. Unfortunately, I cannot get through this or 400 kilometres away. That lady has 2884 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 nowhere to go; she does not know what to do. are debating. I remind him and other members She is a normal, everyday person who is being in the House that in the past two weeks the eaten up and spat out by the Native Title Act, Queensland public has been shocked by the the most incredibly divisive and racist thing appalling violence that persists among many ever to happen to my country. It was so bad Aboriginal communities: drunken men raping as to get me to stand up and say that I would children, bashing women and using star enter politics. pickets to smash the life out of each other. This House is nothing like what I expected By any means, that violence is not unique it to be. I expected it to be a place of to indigenous communities, but it appears democracy, a place where people could speak much more intense and localised within their minds freely, say how they feel and get a specific communities. The Queensland public, job done. Already, one One Nation member including indigenous people, desperately has been hounded out of this House. I am wants the violence and the destruction of the sure that a couple of us will be targeted next, Aboriginal culture to end. To find answers to because we are representing the communities that violence, we must first remember why the that we were democratically elected in. I have violence is so prevalent. It is prevalent tried my hardest never to abuse anyone because indigenous people in Australia have personally. I have certainly abused a few been stripped of their land and culture. people collectively, but I would never abuse Customary laws that controlled violence have anyone personally, because I believe in been seriously diminished. Self-worth and individuals and their rights. I believe that every spiritual connections to the land have been member of the Labor Party, National Party, grossly undermined. Liberal Party, every Independent member and every member of One Nation in this House has I worked for a couple of years in the an electorally given right to be here. We must Tanami Desert area in the Northern Territory defend that right at all costs. If I cannot stand on remote Aboriginal communities. I was up here and speak because I am continually appalled to see the damaging effects of labelled—— people being herded like cattle. The member for Tablelands talked a lot about cattle. Those Government members interjected. people were treated like cattle. They were Mr NELSON: Those fools opposite are moved up to the Tanami Desert area during yelling and screaming some sort of rubbish. If I the early part of this century, settled in areas have to continue to defend my democratic which were unproductive and which had a poor rights, that bodes ill—— water supply. We have to keep those Mr REEVES: I rise to a point of order. I circumstances foremost in our mind, because found the comment that we were fools they are what these issues are about. We offensive. I ask that it be withdrawn. must recognise that although we cannot take history back, we can restore connections to the Mr NELSON: I was addressing the whole land; we can help to strengthen indigenous party. There is no point of order. culture and pride. The Leader of the Mr SPEAKER: Order! There is no point of Opposition gave us a serve about our white order. guilt. As a result of my experiences in the Mr NELSON: I am here to say that, in this Northern Territory, I would call it a "white country, democracy is in a shabby state. awakening" or a "white compassion". That is Members opposite are heading towards a foremost in my mind as we debate this Bill. chasm that they will never be able to get out The critical debate we are having today of. They can keep going, because six seats on about native title cannot be divorced from the this side of the House are former Labor seats current public debate about violence on and there will be six more after the next indigenous communities. The two have been, election. and remain, intrinsically linked. Recognition of Ms STRUTHERS (Archerfield—ALP) native title and the right for indigenous people (5.43 p.m.): The member for Tablelands has to negotiate over traditional land is the key to set me a hard act to follow. As I have been restoring dignity and economic independence sitting here—and I say this somewhat to a culture that has been devastated. I am patronisingly—I have realised that I used to also well aware that the economic think I was a bit naive, but the member for development of our State requires continued Tablelands takes the cake. It is important that mining and exploration. We need to generate he take heed of the fact that his 20 years work and wealth. The two, indigenous rights studying politics and his five years in the Army and mining interests, need not be as polarised have not enlightened him about the issues we as they are currently. 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2885

This Bill has emerged from genuine millions of dollars poured into industry efforts by our Government to balance both assistance. The things that really matter to interests. In common with other members, I indigenous people—land rights, economic pay tribute to the good work of our leader, independence and the restoration of dignity Peter Beattie, and his team to pull together and respect—are being ripped away. The the diverse interests and to produce a fair and three-stage process that our Government has reasonable piece of legislation. Concessions embarked on in relation to native title must be and compromises have been made to meet supported, not undermined. We must the interests of all stakeholders in the native extinguish the violence, not native title rights. title debate. This year the right for indigenous Mr BEANLAND (Indooroopilly—LP) people to negotiate over mining and pastoral (5.49 p.m.): In rising to speak to this Bill, I leases has been significantly diminished in the would like to refer to a major issue, and that is legislative processes at both the State and the application of the right to negotiate in Federal level. In this Bill, for instance, the right relation to mining lease renewals. I seek a to negotiate at the mining exploration stage specific response from the Premier prior to the does not exist. As a minimum, we must have Committee stage, and I want him to respond adherence to a code of conduct for specifically because a number of very exploration, rather than a free-for-all. Mining important issues in this matter need to be interests have been well recognised in the spelled out clearly. The Premier has been development of this legislation. In spite of the pretty confusing on this issue, as he is on a concessions that have been made, the range of issues, and quite often misleading on Queensland Mining Council and the coalition purpose. This very important issue needs will not be happy until the right to negotiate on clarity. It is a toss-up as to whether the Premier mining leases is totally removed from law. If is being deliberately misleading on this central the push to remove indigenous people from point in relation to native title or whether he the negotiating table were to be successful, simply does not know which end is up. what would result? Mining interests might be satisfied, but at what cost? The result would be I refer specifically to the Premier's claim unfettered access to, and possible destruction that he fixed a reversal of Federal Labor's of, traditional sites and culture; the further position on the application of the right to erosion of the status of, and respect we must negotiate in relation to the renewal of mining have for indigenous people; and the further leases. Federal Labor wanted such a right; erosion of their culture and opportunities for Queensland Labor convinced it to drop that economic development. That would mean requirement. The Premier has said in this more violence and more self-destruction place, and publicly, that almost 12 months ago among indigenous people. he went to Labor's national conference in We cannot continue down that path. We Hobart and achieved agreement with the must enshrine the right to negotiate in law and Federal leadership to again look at Labor's establish an effective tribunal and related position on whether or not there ought to be a processes to enable negotiations to occur in a right to negotiate in relation to the renewal of fair and timely manner. Every effort must be mining leases. I want to emphasise that point. made to ensure that all parties negotiate in Obviously, that position in favour of the right to good faith. Economic development should not negotiate in relation to renewals was in be unnecessarily stifled by endless litigation. addition to the Federal view that there ought to Similarly, indigenous interests must be fairly be a right to negotiate at the exploration acknowledged. White Australian culture is phase and a right to negotiate at the mining based on notions of mateship and a fair go. At stage. times I think that that is more myth than reality. So we had, and demonstrably we still Many indigenous Australians get a helping have, a Federal Labor position that is in favour hand in different forms, whether it be through of no less than three separate rights to the social wage or welfare payments or negotiate in relation to mining: at the farmers and others receiving millions of dollars exploration phase, at the mining phase and at in industry assistance. There are not many the time of renewal. That gets confusing people in Australia who do not reap some sort because we now have in Queensland a Labor of benefit from the Government coffers. That Government that is not in favour of a right to point must be hammered home. It is not only negotiate in relation to exploration—or at least indigenous people and people on benefits so it says—in favour of a right to negotiate on who receive a helping hand from the mining, is silent on the issue of renewals and, Government; it is a whole range of people. It is as other speakers have pointed out, also silent particularly important to acknowledge the on the issue of infrastructure. 2886 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

It would be good for the public to him do so often. Again and again, we have understand where the State is heading under had all talk and little or no action. Certainly, we this Government. In that regard, it is instructive have seen that in relation to this matter. to consider where the Premier has been on The mining industry made it plain that the issue of the renewal of mining leases. As I there was absolutely no change in Federal say, it is really quite confusing. No doubt he is Labor's position. It said that the right to trying to muddy the waters on this very negotiate on mining leases proposed in April important issue. In December last year, during would trap most mining lease renewals into the the debate on the Native Title Amendment Bill right to negotiate, as planned by Federal in the Senate, in response to the Federal Labor. Of course, we saw Labor adopt ALP's first effort to have a right to negotiate precisely the same line when the matter was imposed on exploration, the response of the finally settled in July. Quite frankly, despite a then Leader of the Opposition, now the lot of talk and a lot of trumpeting of victories, Premier, was to go to the Federal conference the whole situation has gone nowhere. In fact, in Hobart and demand a rethink on the there has been one backflip after another and renewal of mining leases. We all recollect his complete failure. chirping in relation to this matter. He trumpeted that he had been successful in doing that, in For those members who might wish to that Labor's Wik group agreed to speak to the check what I am saying, I refer them to Senate mining industry in Queensland about the Hansard of 4 December last year, page issue. Obviously, that is what they should have 10,370, for the explanation of Labor's original been doing in the first place as part of the amendments by Senator Bolkus in the consultation process. In fact, if they were not Senate; to 7 April, page 2,234, for his speaking to the mining industry, that speaks repeated efforts; and to 7 July, page 5,077, for volumes for Labor's consultation! If I recollect his third emotional plea for a right to negotiate correctly, at that time the Premier went on mining lease renewals. Each time it is overseas and was not even in Queensland noted in the Senate Hansard that Senator when that consultation group visited. He found Bolkus put the same position time and time good reasons to leave the State. again, pleading for a right to negotiate on mining lease renewals. That is Labor's The whole exercise turned out to be a position, and it has been that all along. right royal farce. The Premier was not here for I would be interested to hear how the the consultation that the Federal Labor Premier reconciles those policy positions Government should have been conducting all espoused so consistently by Federal Labor along. It was unthinkable that the consultation with his claim to have successfully influenced group did not talk to the Queensland mining his Federal colleagues on the point. I would industry in the first place. However, at the end also be interested to hear his understanding of of the day, that consultation made no where we are going in this State in relation to difference whatsoever. mining lease renewals. Further, I would be Nevertheless, this procedural point was interested to hear from the Premier an hailed as a major breakthrough by the then explanation of his own inconsistency on the Leader of the Opposition, now the Premier. overall right to negotiate issue. This Bill covers However, despite claims to the contrary, Labor only a fraction of the ramifications of this very backed precisely the same amendments in important issue: the justice associated with relation to the right to negotiate on mining land management in this State for competing lease renewals in April, months after the then rights and for our economic and social future. Opposition Leader, now the Premier, claimed For example, late last year in response to victory in his fight for truth, justice and the the Federal Bill after its first consideration by Queensland way, as it had in the first Federal the Senate, the Premier told John Lehmann of Bill, as it then was in November and the Courier-Mail that he supported the December. So much for these great talkfests, legislation. I am sure that the Premier misled to which the Premier seems to be so endeared the public of this State to deliberately confuse and which day by day are becoming more and muddy the waters in relation to his true regular. So despite all the discussions and the position on this very important issue. In a great Premier trumpeting that he had a great win number of respects, that was a very different over his Federal Labor counterparts, Labor Bill from the one that emerged finally from the went nowhere and retained its first position. In Senate in July. The Bill that the Premier was fact, there was no win at all. The then Leader reported to have supported was rejected by of the Opposition, now the Premier, failed. It the House of Representatives, leading to a was just another backflip, which we have seen very different Bill as a result of the April 10 Nov 1998 Privatisation of TAB 2887 consideration and then a further different Bill political history, the Government scrapped the as a result of the July consideration. proposed privatisation of the TAB. This So one has to ask: what does the Premier decision sent shock waves across the entire now support? Are we going to see more private sector as the industry realised that this amendments to this legislation? Is the Government lacked the independence from Government going to bring in some the union movement to address real financial amendments at the last minute, or is it going and job-creation issues. The Minister and the to accept amendments from an Independent, Premier buckled and all the outstanding work or a One Nation member? Where is the of the former Borbidge Government collapsed Premier going on a whole raft of issues around them. concerning the right to negotiate that are Why did the privatisation collapse? Was it simply not covered by this legislation? That is because the proposal was suddenly non- particularly important because, so far, we have viable? No, not at all. The issue collapsed heard very little about these other issues in because the Minister and the Premier ran relation to the right to negotiate. scared. Only two weeks ago the Premier put Debate, on motion of Mr Bredhauer, his leadership on the line. He came out adjourned. publicly and beat his chest, proclaiming that privatisation was the way to go. The Premier said that he would take the issue to the Labor PRIVATISATION OF TAB Party's conference and, alongside his Minister, Mr HEALY (Toowoomba North—NPA) he would fight to get the conference to (6 p.m.): I move— endorse privatisation. What a hero! I was impressed, the industry applauded and the "That, given the Resolution passed media applauded. However, as each day went by this Parliament on 22 October which by, the rat smelt worse. The Premier began to said, in part, '... given the importance of realise that he did not actually have the the racing industry of Queensland and support that he needed. He was a leader particularly the implications of any without the numbers in his own party. When changes to the TAB to the racing industry, the sudden resignation of the member for that the issue of privatisation requires a Mulgrave was broadcast across Queensland, full and informed debate as part of a the Premier suddenly felt very queasy. He formal legislative process', this House calls realised that his leadership would be exposed on the Government to immediately re- right in the middle of a by-election campaign. open negotiations with the Queensland He realised that he could not sway the racing industry on TAB privatisation and conference. He also realised that he did not that a report be presented to the House have the leadership that was required of a by Wednesday, 18 November." Premier of Queensland who would put the Today we have a Government that has interests of the State and the racing industry lost the confidence of the racing industry in ahead of petty party politics. Queensland. We also have a Government and There is one very fundamental difference a Minister who have ignored a motion of this between the State coalition and the minority Parliament—a motion supported by both the Beattie Government. The State coalition's Independent members, the member for policy towards the privatisation of the TAB was Gladstone and the member for Nicklin. to say to the industry, "You tell us what you Privatisation of the Queensland TAB has want and we will sit down and facilitate that been on the agenda for well over 12 months. goal." In contrast, the ALP's policy has been to The former coalition Government and then say to the industry, "It does not matter what Minister, Russell Cooper, spearheaded the you want. We will allow an ALP conference, in drive after the racing industry itself chose the main comprised of people who know privatisation as the way forward. The coalition nothing whatsoever about the racing industry, did not buckle. Instead, we sat down to long to decide your future." The ALP has been and exhaustive discussions about how prepared to put the racing industry last. privatisation could be achieved. We put in Only two weeks ago, when Parliament place strategies and time frames to ensure was in session, I moved a motion calling for that the industry would benefit and we ensured Parliament to endorse the privatisation of the that no Queenslander would lose out. TAB. That seemed like a logical motion, However, the change of Government undid because the Premier and his Minister had those efforts. already said that they would support it. The Last week, in what could only be State coalition moved the motion, confident described as the greatest about-face in that it would send a strong signal to the 2888 Privatisation of TAB 10 Nov 1998 community that we had at last struck an issue not be put before industry and state where bipartisan political support would be interests." offered to secure the future of Queensland's The Courier-Mail could not have summed it up racing industry. One can imagine how shocked better. we in the Opposition were when the minority Government started to back-pedal at the The decision to axe privatisation has speed of light. Members opposite were nothing whatsoever to do with the mythical ducking and weaving everywhere. Suddenly, claims of this Government that the racing amendments were being moved and every industry was asking for too much. Earlier this conceivable reason to procrastinate was being morning the Premier struggled to justify the offered. Government's position, claiming that the Either way—and this is important—on 22 Macquarie Bank was asking for a $2m success October this House passed a motion which fee, which the Premier claimed should not be said that the privatisation of the TAB was an foisted onto the taxpayer. The Premier tried to issue that required a full and informed debate claim that this fee made the whole privatisation as part of a formal legislative process. Not only non-viable. However, later in this debate we will did the Government support the motion; the prove how inaccurate were the statements that Minister for Racing himself seconded the the Premier made this morning. What the amendment. Tonight's motion basically calls Premier forgot to say about that deal, including on this scaredy-cat Government to honour that the fee, was that it was very similar to that resolution. Tonight's motion says that we are which was signed off in Victoria and New still expecting this issue to be debated as part South Wales when the Macquarie Bank of the legislative process. Tonight's motion successfully facilitated the privatisation of the honours exactly what members opposite respective TABs in those States. Apparently, supported in this House on 22 October. Even the deal was fine for the New South Wales more importantly, it honours the motion and Victorian Governments, which are now supported by the members for Gladstone and reaping enormous rewards from privatised Nicklin. TABs, but it was not okay for the Queensland Government. Last week the Government snubbed this House. Despite a resolution which basically Tonight's motion is about ensuring that said that the Parliament would decide on the the debate on the privatisation of the TAB is privatisation of the TAB as part of the proper dealt with properly. On the one hand, the legislative process—that is to say, by way of Minister and the Premier have said that legislation—the Government made a unilateral privatisation is the only way to go if we are to decision to dump the whole process and the guarantee the future of the racing industry's concept. It did that despite a specific resolution three codes in Queensland, yet after the threat of this House that the Parliament would of one by-election the Minister and the decide. Government now believe that the whole issue The Government seems to have made a can simply be dumped. That sort of callous bad habit out of blaming other people for its and politically motivated attitude has not won any respect from the industry. Today the failures, but nobody is falling for this little Government's reputation is mud around the charade. The editorial in this morning's Courier- racetracks of Queensland and the media Mail hit the nail on the head. The Courier-Mail headlines have summed up the public's can see that the Minister is walking away from contempt for it. his responsibilities. It can see that the upcoming by-election in Mulgrave is going to The Minister said that the industry wants expose the very simple fact that the Premier of privatisation and he said that it would create this State does not carry the weight within his jobs. That is why it is essential that the Minister own party to bring forward legislation that be forced back to the negotiating table. We Queensland needs on this issue. This cannot sacrifice jobs and an entire industry as morning's editorial quite rightly stated— part of some archaic sacrificial ceremony to the "Racing Minister Bob Gibbs should union movement. This is an important issue not sit by and allow the privatisation of the that deserves a proper debate. Last month Queensland TAB to stall over a dispute when I moved the motion to support about the benefits for industry codes. privatisation, both Independent members voted to support an amendment which said ... that the issue required a full debate as part of Mr Gibbs should not adopt a Pontius Pilot the legislative process. The Minister for Racing stance; he is the Minister and it is his job seconded that amendment. However, last to solve problems. Party politics should week he said, "There is no deal and I will not 10 Nov 1998 Privatisation of TAB 2889 bring anything forward to this House for Mr Beattie: Ha, ha! debate. I have made the decision." When Mrs SHELDON: I assure the Premier that choosing whether to support this motion it certainly has no faith in him. tonight, I ask the members for Nicklin and Gladstone to think very carefully about this All three racing codes chose to pursue an issue. Tonight's motion sends the Minister agenda of privatisation. It was not the coalition back to the negotiating table. It provides him Government's agenda, it was the racing with an opportunity to report back to industry's agenda. This morning the Premier Parliament before the Christmas recess. tried to pretend that those discussions were not advanced, but as usual he was wrong— Time expired. and quite deliberately. He claimed that the Mrs SHELDON (Caloundra—LP) privatisation of the TAB had not gone to (6.09 p.m.): I have much pleasure in Cabinet under the former Government. Again, seconding the motion moved by the member he was wrong. He claimed also that he was for Toowoomba North, who, in common with concerned about the future of rural and me, has a significant racing industry in his regional racing. He claimed that the State electorate. Tonight, in speaking to this motion coalition was not concerned. Again, he was it is important to remind all members how wrong. On 14 October 1997, the former important the racing industry is to Queensland, coalition Government gave the green light to both in terms of revenue generation and jobs. the privatisation of the TAB, and that was a It is one of our biggest and most important Cabinet decision. At the same time, we industries. Only when we understand that can approved a two-stage package to ensure that we understand properly the magnitude of the the industry was properly restructured before Minister's and the Premier's decision to dump the privatisation proceeded. the privatisation of the TAB. Only then can we As part of that package negotiated with begin to realise just how much money and the industry—and members will note that the how many jobs this Labor Government has coalition was able to negotiate with the chosen to jeopardise simply to appease the industry rather than walk away—the estimated union movement—its real power bosses. level of TAB sourced funding would have It is estimated that the racing industry jumped from $91m to $109m, or an $18m generates upwards of $300m towards increase in funding to the industry. In addition, Queensland's gross domestic product, yet in State Cabinet also gave its support to change flow-on terms another $700m is generated. In wagering taxation from a turnover revenue all, this Labor Government has chosen to base, coupled with the staged reduction of the sacrifice an industry worth $1 billion to the tax rate from the existing 34% down to 25%. Queensland economy. I am amazed that the That move would have made the Queensland Treasurer, Mr Hamill, is prepared to acquiesce TAB more than competitive with the 28.2% tax to this. He has left the industry exposed to the level in New South Wales and Victoria. In privatised TABs in New South Wales and addition, Stage 2 of the privatisation process Victoria. But even more so, the Labor was to see the retirement of almost $31m in Government has chosen to sacrifice an racing industry debt, and this was to be industry that accounts for nearly 14,000 jobs. coupled with a one-off $10m capital injection. So much for the 5% unemployment rate— Is it little wonder that this week the racing fictitious as it always was! industry is incensed by this minority Labor Government's decision to dump its future? Last week's decision to axe privatisation plans was more than a monumental backflip The Premier can try hard to claim that he even by "Backflip" Beattie standards; it was a is interested only in protecting rural and monumental kowtow to the union movement regional racing and the mums and dads, but and it was a monumental act of negligence— he is not. Nobody did more for rural racing putting the numbers of the Labor Party's than the coalition Government. Racing clubs political factions ahead of job creation and the and punters remember that. Indeed, it was racing industry in general. Even the editorial in Russell Cooper and I who returned almost half this morning's Courier-Mail was awake to that. of the revenue from the bookies' turnover tax It challenged the Minister to sort out the to the racing clubs to improve training problem and not to walk away from it. The facilities—something a Labor Government State coalition has been instrumental in never did. restructuring the industry and in preparing it for They also remember that part of the privatisation. We were instrumental because coalition's privatisation program of the TAB the industry asked us to be; it had faith in us was to safeguard the future of racing in rural as a Government. and regional areas by ensuring development 2890 Privatisation of TAB 10 Nov 1998 clubs received at least $5.8m in financial off the detail was the former Minister, Mr support over the next two years—equal to the Cooper. The detail never went to Cabinet, just current level of distribution. The baseline level the heads of agreement. of financial support for a further three years Mrs SHELDON: Mr Speaker, I rise to a was to be negotiated with the industry. point of order. Time expired. Mr BEATTIE: The member's manners Hon. P. D. BEATTIE (Brisbane Central— have not improved, have they? ALP) (Premier) (6.14 p.m.): I move the following amendment— Mrs SHELDON: Again, the Premier is misleading the House. The financial detail did "That all words from and including go to Cabinet, as I have just outlined in my the words 'this House calls ...' and up to speech. and including the words '... by Wednesday 18th November' be deleted Mr SPEAKER: Order! There is no point of and the following be inserted: order. 'this House notes the commitment Mr BEATTIE: Let us get to the heart of given by the Premier this morning this issue. Last Thursday night, the Minister for that he and the Minister for Tourism, Racing and I put to the racing industry an Sport and Racing will continue to opportunity to resolve this matter. Had it been have discussions with the racing resolved in the interests of the mum and dad industry and the TAB to ensure a shareholders, the racing industry and the TAB, strong future for the racing industry this privatisation would have gone ahead. and the TAB.' " There is only one reason that it did not go ahead: the deal put to us by the racing There has been a whole lot of humbug industry was not in the interests of spoken by the Opposition in relation to the Queensland—end of story. TAB. The bottom line is this: the large part of the detail which the racing industry put to us in Let us have a look at the facts. ABN- fact was not approved by Cabinet. It was AMRO advised the previous Government that agreed to by the Minister for Racing but not the value of TAB Queensland in a float could agreed to by Cabinet. Let us be very clear be as low as $80m if the scenario proposed by about what happened last Thursday night. the industry had been adopted. That is the real figure. Forget this nonsense about it being Mrs Sheldon: I just told you it was. The worth $150m. That is the advice that members Cabinet document is there to prove it. opposite were given. At best, the sale price in Mr BEATTIE: If the honourable member a float would have been in the order of $120m is correct, she is confirming the $2m success to $125m. This compares with the current fee. If all of this was approved—— capitalisations of the New South Wales TAB at Mrs SHELDON: Mr Speaker, I rise to a $1.5 billion and Victoria's TABCorp at $3 point of order. billion. There is a clear difference. Mr BEATTIE: The member cannot have it After deducting the up-front payments both ways. proposed by the industry of $60m from a sale price of $80m, the effective sale price would Mrs SHELDON: Mr Speaker, the Premier have been $20m. What wonderful negotiators is deliberately misleading the House. In no way members opposite are! That is the truth. Let does that have anything to do with the us have some correct reporting from the success fee. It shows that it did go to Cabinet. Courier-Mail on this issue. Let us finally get the As usual, the Premier is lying. facts about what the real proposition and Mr SPEAKER: Order! There is no point of advice to the previous Government was and order. what the real advice to us was. In net terms, Mr BEATTIE: Typically, I have five we could have had a sale price as low as minutes to speak in this debate, and the $20m. I would not agree to it, because it was honourable member wants to deny me even not in the interests of this State. ABN-AMRO an opportunity to respond. also advised the previous Government that, under the industry's proposed financial The heads of agreement went to Cabinet. package, a public float would be all but Let us be honest about this, because there impossible. On page 106, it stated— has been some dishonesty about this from the former Treasurer. The heads of agreement "In order to be considered a realistic went to Cabinet but not the detail. That is the public float, the organisation needs to truth of the matter. The only person who ticked have a scale of at least $100m." 10 Nov 1998 Privatisation of TAB 2891

In other words, the previous Government was Wales TAB. After all, the market capitalisation going to deny the mums and dads an of the New South Wales TAB was around $1.5 opportunity to buy into the TAB. That is what it billion. In the case of Victoria's TABCorp, it is was prepared to do. Let us have some about $3 billion. How is it then that the absolute honesty about all of this. I have given Queensland TAB at best could have been the former Minister a copy of the letter to him valued at only around $125m? The reason from the Racing Industry Steering Committee flows from a whole series of decisions which in which it pointed out the $2m success fee. In were taken in the time of the previous coalition addition, $1.2m was to be paid to the bank in Government in terms of the structure of consultancy fees. The industry told us that the gaming and wagering in this State. former Minister had agreed to that. I am The point is that, when the coalition relying on what the industry tells me. compares TABCorp and the New South Wales The bottom line is this: this was not a TAB with the Queensland TAB, it is not good deal. It was not in the interests of the comparing like with like; it is being intellectually TAB and the racing industry. It is about time dishonest. What is very different about those we had some truth. I have now released the two other entities interstate is that both of true figures for the people of Queensland to them have a very significant role to play in see. Let them make a judgment as to whether relation to machine gaming in both of those or not we should have accepted that States—something which the Queensland proposition. I have given an undertaking that TAB does not have. we will continue discussions with the industry, Dr Watson: Yes, they do. They have and we will do so. gaming. Time expired. Mr HAMILL: Here we go. The wizard Hon. D. J. HAMILL (Ipswich—ALP) speaks. The person whose white paper (Treasurer) (6.19 p.m.): I rise to second the expressly prevented the Queensland TAB from amendment moved by the Premier and, in having a role similar to that of its interstate doing so, I want to further outline some of the counterparts now says, "The Queensland TAB financial issues that surround this particular is in gaming." The Queensland TAB, or at question of the TAB privatisation. It was very least a subsidiary of the Queensland TAB, is a interesting indeed to hear the Opposition licensed machine operator, but it certainly spokesperson say that the coalition's approach does not have the control over gaming that we in this was to ask the industry what it wanted see interstate, and that lies at the heart of the and then presumably say, "How shall we give it very significant difference in value that exists to you?" As the Premier has already outlined, between the Queensland TAB and those given the extraordinary range of giveaways interstate. and concessions that were being proposed, Dr Watson: Are you going to change it to there really was not much value being left in let them have it? the TAB in Queensland—there was certainly not much value there for shareholders. Why Mr HAMILL: While the financial wizard is would one invest in something which had such still trying to interject, perhaps we should look little value? at a couple of other aspects of this which further detract from the value of the Whether one takes the optimistic Queensland TAB. Under the heads of valuation or the pessimistic valuation, at the agreement, licences for on and off-course end of the day, there is probably only between wagering are to be held by the Queensland $20m and $60m of value left in the TAB under TAB. That was a cornerstone of the Wagering the terms of the proposals—the giveaway Act which we supported here in the proposals—that were being put forward by the Parliament. The heads of agreement states coalition on behalf of the racing industry, or only that a separate payment will be made by some elements of the racing industry. When the TAB Queensland to the racing industry in one looks at the revenue reductions which are respect of on-course wagering. This amount a part of the whole package, one sees that the was to be agreed. value that was left would be effectively all gone Those advisers in Macquarie Corporate anyhow in but a couple of years of the Finance were going to pick up $2m—$2m significantly reduced revenues that would have which supposedly the Queensland flowed from the privatised TAB. Government was going to pay to be belted up There are a few other issues that need to by Macquarie Bank for its success fee. They be canvassed here. The Opposition suggested that, had the TAB had that on- spokesperson talked about the value in the course wagering, it would have resulted in the Victorian TAB and the value in the New South TAB losing over $2m a year on that business 2892 Privatisation of TAB 10 Nov 1998 alone. In a letter dated 18 May, the previous Nowhere did we agree to pay. Nowhere! That Minister, Mr Cooper, agreed to take this was a matter between the industry and position to Cabinet. However, that was another Macquarie Bank. It is all here. matter which was never considered by the Mr Beattie interjected. Cabinet. It was never dealt with by the previous coalition Government. Mr COOPER: Well, we both have letters. I Time expired. have spoken to them today. They have put out a media release, because they were Hon. T. R. COOPER (Crows Nest—NPA) extremely concerned that the Premier had (6.24 p.m.): That was because there misled the Parliament and spoken untruths. It happened to be an election on 13 June. says— Quite a lot of untruths have been spoken "The Chairman of the Racing this evening, just as was the case this Industry Steering Committee, Mr Phil morning. I quote from the Hansard of this Sullivan, today expressed his surprise at morning when the Premier mentioned this comments in the Parliament by the myth— Honourable the Premier in relation to the "Do honourable members know how aborted privatisation of TABQ." much that success fee would have been? It goes on to say— $2m! Do members know who agreed to it? The former Minister for Racing, Russell " 'The negotiations between Cooper!" Government and the racing industry broke down purely because the Government's He also said that it had never been to Cabinet. offer of a reduced financial package for I know that it had been to Cabinet on the racing industry was unacceptable to numerous occasions. There were numerous the industry. The issue of professional press releases. fees was amicably resolved between the Mr Beattie: The success fee. industry and Government and played no Mr COOPER: I am coming to the success part in the breakdown of discussions,' said fee. I was the one who wrote to the then Mr Sullivan." Chairman of the Racing Industry Steering He confirmed to me that at no time had we Committee, Mr Phil Sullivan. I said— agreed to pay the success fee. " ... the Government did agree to pay the I also wish to raise that the Premier cost of consultancies associated with the should not forget one of his own, Mr Ian privatisation of the TAB. These costs were Brusasco, was the one who—— to be reimbursed from the proceeds of sale, but in the interim it was proposed Mr BEATTIE: I rise to a point of order. I that TAB reserves be utilised." find the remarks offensive and I seek for them to be withdrawn. I went on to say— " ... I have been informed that the Mr COOPER: Which remarks? consultancy agreement with Macquarie Mr BEATTIE: The remarks in which the may contain an additional element over honourable member alleged that the $2m was and above the hourly rate fees ... which I not part of the negotiations; it was. It was very understand have exceeded $1 million ... clear. being a 'success fee'. I am concerned at Mr COOPER: It was a success fee the possible level of such an additional between the racing industry and the fee, and request that you immediately Macquarie Bank. provide me with details of any such arrangement ... " Mr BEATTIE: You agreed to it. So on 20 May Mr Sullivan wrote back, Mr SPEAKER: Order! There is no point of saying— order. The member will resume his speech. "The fee projections provided in the Mr COOPER: The heads of agreement attached table do not include the success has been raised this evening. Of course, the fee negotiated with Macquarie, which in person who signed that heads of agreement accordance with the criteria established as was none other than Ian Brusasco. I want to part of the 'Terms of Engagement' struck put it on the record that Ian Brusasco did a top in May 1997, is currently estimated at job when he was chairman of the steering $1.975m." committee. 10 Nov 1998 Privatisation of TAB 2893

Mr BEATTIE: I rise to a point of order. He Minister saying that it was a good deal said, in fact, that the industry should pay it. because of New South Wales and Victoria. They were saying the Government should. So Then we heard the former Racing Minister of course he is right. saying that the then Government never Mr SPEAKER: Order! There is no point of agreed with it. Those opposite cannot even order. make up their minds. In establishing a so-called competitive Mr COOPER: In speaking to them today, market for the gaming machine operators in they reiterated that they were perfectly happy Queensland, the previous Government denied to pick it up. The fact that the industry picked it up was a matter for it. That is the truth of the TAB Queensland the opportunity of benefiting matter. from similar arrangements to those in New South Wales and Victoria, where both We have placed on the record the businesses have access to significant benefits performance of Ian Brusasco. The Racing from monopoly arrangements. However, the Minister is now in Russia, and I do not blame coalition would not give the same rights over him for being there. He knew damned well that gaming machines to TAB Queensland. he made a mistake. He was briefed fully all TAB Queensland competes as a gaming along the way. All the way through the machine operator with seven other licensed negotiations, Ian Brusasco kept him informed. machine operators, including TABCorp, for a He was fully au fait with everything. Every share of Queensland's gaming machine single thing that we did was transparent. It had market. TAB currently has approximately only been to Cabinet and Stage 1 passed through 14% of the gaming machine market in the Parliament. Restructuring was the key Queensland. This means that the ability of element. Earlier this year it went through the TAB Queensland to fund the racing industry Parliament with the support of those opposite. and remain a profitable entity that could be That was Stage 1, which was to be followed by sold by public float was compromised from the Stage 2. It was there for the Labor start of the privatisation process by the gaming Government to pick up and to do for the machine legislation. Again, the previous industry. We know very well that we supported Government was advised of this problem the industry. We know very well that the verbally by its advisers, ABN-AMRO, prior to industry will support us. In every little race club the finalisation of the gaming regime. around the State we gave them guarantees for their integrity. ABN-AMRO advised that the failure to establish arrangements similar to those in Time expired. Victoria reduced the value of a potential sale Mr REEVES (Mansfield—ALP) by between $130m and $170m. And we are (6.30 p.m.): Tonight I rise to support the supposed to be taking the advice of the amendment moved by the Premier. The coalition on this matter! The inclusion of this amazing aspect of this debate is that those business in TAB Queensland would have not opposite are trying to give the Government only enhanced the sale value and made a advice. To use a racing analogy, accepting the public float a more feasible option but also Opposition's advice would be like backing a enabled a high level of funding to be available horse that is racing up a class and the form to the Queensland racing industry without guide reads its form as 999. jeopardising the financial future of TAB Queensland. Let us look closely at the track record of those opposite. First, it gave the TAB too When in Government the coalition much weight on its back to ever be able to brought about a situation whereby the pokie have an unhampered run to the line. Not even players of this State are now funding the Might and Power could be guaranteed of a win Victorian TAB via TABCorp. Those opposite under the huge weight forced on the TAB by want us to ensure that the Victorian racing the previous Government. industry has fine and fast conditions while our TAB has overcast and heavy conditions. In Mr Lucas: Is the shadow Minister Bold addition, in recent months one of these Personality or Fine Cotton? operators, TABCorp, has moved into the club Mr REEVES: I cannot work it out. He is industry in Queensland as a gaming machine probably Fine Cotton. Listening to the two operator, based on the previous Government's previous speakers from the Opposition gaming machine policy. The irony of this reminds me of the VRC making up its mind situation is that our population is now about which horses are going to run in the supporting and contributing to the whole Melbourne Cup. First we heard the shadow Victorian racing industry. 2894 Privatisation of TAB 10 Nov 1998

To use a racing term, TABCorp is involved I will give the House a couple of facts in nobbling the gaming machine industry. It about the white paper and the process that has been involved in very unsavoury tactics. was gone through. I will tell some people Recently it has become involved with the connected with the ALP to go and check the Ipswich Jets at the Hotel Cecil site. It is my facts. The member for Mansfield, the understanding that TABCorp first approached Treasurer and the Premier should get their another Ipswich sporting organisation facts straight before they come into this place. regarding the building and managing of the There are three facts that absolutely club. The club rightfully went and sought legal destroy any argument those opposite put up. advice from solicitors Rose and Jensen. It is First, even under the current regime for my understanding that the club received gaming machines, the previous Minister for advice that the deal should not be taken up. Racing, the member for Crows Nest, was able The next venture TABCorp decided to to get an acceptable resolution with the take up was with the Ipswich Jets at the Hotel industry. The previous Minister was able to get Cecil. It is my understanding that this was the industry to agree to a proposal which done after approaches to the hotel owners to allowed the privatisation of the TAB. So for get TABCorp involved. Lo and behold, the those opposite to come in here and say that it hotel owners just happened to be the firm of cannot be done flies in the face of the solicitors. If this is the way TABCorp and the empirical facts. unscrupulous people they wish to be involved Second, the changes in the gaming with operate, warning bells should be sent to machine regulations and the gaming machine all of those clubs thinking of going with regime in Queensland would not have been TABCorp, just to support the Victorian racing able to occur if the TAB in Queensland had industry. been given a monopoly or a duopoly. One of The activity TABCorp is undertaking is the things that came through in my purely entrepreneurial, based on the way it is negotiations with the clubs and the hotels was licensed to operate in Victoria. It is contrary to that they would not accept the TAB in the white paper which led to the Gaming Queensland being given a monopoly or a Machine Amendment Act 1997. The way it duopoly, as was the case in Victoria. The approaches the deal, the offer is to take 25% reason they would not accept it is that they of machine revenue before any costs or taxes were sick and tired of the TAB treating them are taken out. Therefore, the club wears all the the way they were being treated with the TAB cost. TABCorp also wants 10% of the profit of operations in their clubs and hotels. gaming before interest and tax costs are If those opposite do not believe me, they deducted. Again, it is absolutely creaming the should go and check with the vice-president of gaming income to support the Victorian racing the RLCA, Garrie Gibson. He will tell them that industry instead of the Queensland racing the clubs would not buy it. The reason they industry. It was set up by the Opposition when would not buy it is they did not want to get in Government and it expects us to take treated the same way. The clubs and hotels advice from it. wanted to maintain their control. Those Time expired. opposite should go and check with Jimmy Stuart, President of the Queensland Hotels Dr WATSON (Moggill—LP) (Leader of the Association. He will tell them exactly the same Liberal Party) (6.35 p.m.): It gives me pleasure thing. to enter this debate. I think we should understand one thing quite clearly. The Thirdly, if those opposite do not believe privatisation of the TAB failed because the me—they have the power; they are the Government offer was not good enough. The Government—they should change the Government wanted the privatisation to fail legislation. They should come in here and before it had to address the issue at the Labor change the legislation and remove the others Party conference. from the licences. It was interesting to listen to the speeches Mr Lucas: We'll get sued. of the member for Mansfield and the Treasurer Dr WATSON: The Government will get and to interjections from the Premier. The sued, all right, but it will have a monopoly. It Minister for Racing is going around blaming will be able to get monopoly profits from selling the gaming machine white paper for the it, and it will be able to pay compensation to inability to privatise the TAB, supposedly the other licensees. So if those opposite do because the TAB does not have the same not believe me, they should change the kind of opportunities in Queensland that the legislation. I will guarantee the Government TABs in Victoria and New South Wales have. one thing. The Government will get done over, 10 Nov 1998 Privatisation of TAB 2895 because the clubs and the hotels would rail defiance of the directives issued to race clubs against it—and it knows it. I will fight an by the Queensland Principal Club, which is the election at any time. If the Government wants statutory body responsible for the to give the TAB a monopoly, I will fight that administration of thoroughbred racing in election any time. If it did this, the Government Queensland. These rights included those for would have millions of club patrons around this pay television. And as commercial transactions State who would not want to contribute to the were likely to occur, the New South Wales TAB TAB. Neither would the clubs and hotels. They then purchased Sky Channel. The result was do not want to be subservient to the TAB. that a direct competitor of the Queensland The truth of the matter is simply this: the TAB had exclusive access to the rights sold by ASU Left Wing unions rolled the Premier. The Queensland race clubs. That was the situation first test was to decide whether the Premier of in which racing in Queensland was placed. this State ran the Government or whether the In September 1998, a national pay unions ran the Government, and the Premier television channel was introduced by Sky failed dismally. He failed because he thought Channel, and all State TABs were requested that he was relying on the numbers man from to pay additional fees for the establishment of the Left, the Minister for Tourism, Sport and the pay television racing channel. But in Racing, but he found out that poor old Bob Queensland, the racing clubs were not Gibbs did not have the numbers after all. That prepared to waive their fees—the fees that is the reality. Janice Mayes from the ASU they had received in the exclusive deal that rolled the Premier, and he knows it. they had done with Sky Channel. They were not prepared to waive those fees in order to Time expired. ensure that the TAB in Queensland was able Hon. K. W. HAYWARD (Kallangur—ALP) to receive those race pictures at minimal cost. (6.40 p.m.): It is a pleasure to speak to the Of course, they were interested in themselves amendment which has been moved by the and in fighting their own battle. I notice that Mr Premier. I remind the House that this Cooper is nodding in agreement with what I amendment states— am saying. "This House notes the commitment Mr Cooper interjected. given by the Premier this morning that he Mr HAYWARD: The member had his and the Minister for Tourism, Sport and chance. As a consequence, the TAB then Racing will continue to have discussions incurred an additional cost of in excess of $1m with the racing industry and the TAB to to secure those pay television rights. As ensure a strong future for the racing anybody who has anything to do with racing industry and the TAB." would know, pay television has a significant That is what this amendment is about. It is and positive impact upon Telebet turnover in about continuing to have those discussions— Queensland. Of course, this uplift in betting continuing the process of moving forward. turnover has vindicated the decision of the Although negotiations have occurred, the TAB to access pay television. However, the people of Queensland now know that the rights fees which Sky Channel charged the industry was trying to do things that were TAB are, in effect, paid by the entire racing unfair. Mr Cooper spoke about some particular industry through reduced Queensland TAB issues, and I will talk about them later, if I get a distributions. chance. When Mr Cooper was the relevant The fact is that the race clubs with Sky Minister, he was aware that the industry was Channel contracts double dip by obtaining a moving to advantage itself against the fee from Sky Channel. Then they access the Government of the day and, in the end, distribution money made available from the against all Queenslanders. Negotiations must Queensland TAB after it has paid Sky Channel be fair. There has to be give and take. To for the racing pictures. So they have the produce a good outcome, it must be an opportunity to double dip—and they do. During outcome that is suitable for all Queenslanders. the negotiations, it was put to them that they It must be in the interests of all should make that million-dollar contribution to Queenslanders. the TAB to ensure that it happens. They said, One example that I could talk about is the "No." That was part of the negotiations, and deal with Sky Channel. In late 1995, a number the people of Queensland know what is going of major Queensland race clubs entered into on. If there are negotiations, those exclusive arrangements with Sky Channel with negotiations must occur in good faith. That is regard to the provision of rights for race what the strength of this amendment is about. pictures. Of course, this action was in direct This amendment says that the Minister and 2896 Privatisation of TAB 10 Nov 1998 the Premier will continue to have those members opposite to support their Premier important discussions. and to support the Minister. But each and Time expired. every one of them said absolutely nothing in support of the Premier or the Racing Minister. Mr SANTORO (Clayfield—LP) (6.45 p.m.): That shows the lack of support that the It is a real pleasure to be able to participate in Premier has from his backbench. this debate tonight. The honourable member The amended motion states— for Moggill and others in this place have shown "This House notes the commitment conclusively that members opposite are given by the Premier this morning that he captives of forces that are well and truly and the Minister for Tourism, Sport and outside this place. The challenge before this Racing will continue to have discussions Parliament tonight is very clear. Queensland's with the racing industry ..." racing industry is under threat. It is under threat from the already privatised TAB in New "Discussions"—after the enormous amount of South Wales and Victoria. But all is not gloom. good work that the honourable member for In fact, all is very positive. There is an answer, Crows Nest did as Minister. He had the industry at the table. and everyone knows this, including all honourable members opposite—including the Mr Healy interjected. Premier and his Racing Minister. The answer Mr SANTORO: Yes, the Minister himself lies in the privatisation of the TAB, and the said that the issue was dead. But all of a racing industry is unanimous in its call for this. sudden there are more discussions. Other members on this side of the House Another point is proven by this have already outlined just how important the amendment: that Mr Beattie, the Premier and racing industry is to Queensland, both in his Government talk a lot but they do very little. financial and recreational terms. This is not They are all talk and absolutely no action, something that we can afford to jeopardise. particularly when the union movement and the The Premier and his Racing Minister have union heavies stamp their feet and say, "You are not going to do what is ideologically been outspoken in their support of TAB against our interests." privatisation. Only a few days ago, they were going around the State saying that they Mr Borbidge: The Labor Party has the supported privatisation. But it seems very odd industry offside from one end of Queensland that they have now decided to can the whole to the other. proposal. It is not only odd but, as other Mr SANTORO: I accept that. That is members on this side of the House have said, another good horse analogy from the member it is very telling. It is a very telling sign that this for Surfers Paradise. From one end of one Premier and the Minister are unable to control horse to another, from one end of Queensland the union heavyweights that lurk up and down to another, the industry is offside. the corridors of 100 George Street. The real Queensland is beginning to awake to the facts are that Janice Mayes, a senior executive fact that this is a do-little Government. It is all of the ASU—— talk and absolutely no action. People are realising that it is not a Government that is in Mr Cooper: He hates her. control of its own destiny, let alone the destiny Mr SANTORO: She absolutely hates the of Queensland. The tragedy is that it is Minister, and the Minister hates her because destroying a racing industry that provides so she rolled the Premier and the Minister for much wealth, employment and recreational Racing. I heard the honourable member for pleasure and activity for Queenslanders. That Mansfield quoting all sorts of metaphors is all because this Government does not have relating to the racing industry. All that I can say the guts to come into this House and tell its is that, in racing terms, the Honourable the union mates, "We are in charge of policy and Premier, the Honourable the Minister and all in charge of Queensland, not you." Members members opposite have been well and truly opposite know that, if they went onto the floor gelded by Ludwig, the Left and all the union of the convention with a policy to privatise the heavyweights. TAB, they would be thrashed. What an additional embarrassment that would be! It is a very telling sign of how much weight However, they are prepared to sacrifice all the and credibility the Premier has with his own good in the racing industry to satisfy the rank-and-file and ALP members. He has ideological bent of their union mates who absolutely none. The honourable member for themselves are bent in relation to the racing Toowoomba North, the shadow Minister, industry. For that the Premier will pay a very travelled throughout the State of Queensland high price. and along the coast encouraging honourable Time expired. 10 Nov 1998 Privatisation of TAB 2897

Hon. R. J. WELFORD (Everton—ALP) funding. We want the racing industry to get its (Minister for Environment and Heritage and house in order. The coalition never required Minister for Natural Resources) (6.50 p.m.): that. They never got the deal sold. They never One thing that this Government and the racing sorted it out. This Government wants the industry in Queensland have in common is racing industry to get itself sorted out before it this: a concern to ensure that the racing starts handing over the TAB. The racing industry grows. We share the concern of the industry is preparing a strategic plan. It people of Queensland that, if the TAB is to be commenced that process in January this year. sold, Queensland should get a fair deal from Perhaps when we see that strategic plan we that sale. The Government will ensure that that will see that it is able to make the adjustments happens. Per capita TAB betting turnover in that will make the industry more competitive. Queensland is about $395 per person. In New Then we will have a better chance of getting a South Wales, it is about $601. That indicates deal resolved with them. However, we will not that plenty of Queenslanders are betting on hand the TAB over without getting a fair shake the New South Wales TAB. In Victoria, it is for those people who are wanting to invest in $528. We want the Queensland TAB to have it. a betting turnover that enables it to also We have stuck by the substantial provide a pool of dividends and funds for the elements of the heads of agreement. We racing industry that would allow racing to grow have agreed to give the financial boost of in Queensland. However, we will not short- $10m straight back to the TAB. We have change the people of Queensland by giving agreed to forgo the debt of $34m to provide a the TAB away and doing backroom deals to capital injection for its capital works. However, fund consultants as the previous Government all that financial uplift was offered by the did. coalition without any expectation that the If the TAB is to be sold, we would prefer it industry and the TAB would improve their to be sold by a share float. If there is to be a performance as a result of privatisation. It share float, there has to be something in it for requires a commercial focus. That is what we the investors, the mums and dads of will require. Even a 2% increase in wagering Queensland who want to invest in the TAB. turnover will result in a $1.5m increase in the We know that in this State the TAB is an icon. annual financial package available to the We know that the TAB has a great deal of industry. If it is to receive that increase in the public support. That is why the Labor Party financial package that is available to it, it has finds the sale of the TAB such a difficult issue. to improve its performance. We want to see a If we are to sell it, we want the people of strategic plan put in place. Queensland who are going to invest in it to get We will also require that, if the TAB is a fair deal from the dividends of the TAB. We floated, we will get a fair shake for the are not just going to hand it over wholesale to shareholders and the dividends they require. private enterprise, bank consultants and the They were never going to get that while we industry without a fair deal for Queensland were being expected to fund the consultant for investors. the industry to the tune of $2m to tell us that The deal that the industry wanted was not we should sell our asset, the asset of going to make such a float possible. That is Queenslanders. That is what the coalition was what prevented the deal from proceeding. The going to agree to. It was going to give the TAB Opposition needs to acknowledge that we are away. The industry came to us and said, "That still prepared to negotiate. We are still is what the Opposition has agreed to; you do it prepared to progress the issue. In principle, we for us." We will not hand over the TAB holus- support the heads of agreement that the bolus without a guarantee that employment previous Government did a deal on. However, would be protected, that shareholders would unlike members opposite, we will not hand be protected and that Queensland would over the TAB for nothing. We will not sell benefit. Queensland down the drain—like old dear Dr Time expired. Watson did with the poker machines—and hand it over to the Victorian TAB. That is not Question—That Mr Beattie's amendment what we will do. We will stand up for be agreed to—put; and the House divided— Queensland and for Queensland families who AYES, 52—Attwood, Barton, Beattie, Black, Bligh, want to have a fair shake in the way the TAB is Boyle, Braddy, Bredhauer, Briskey, Clark, E. A. to be operated. Cunningham, J. I. Cunningham, Dalgleish, Edmond, Elder, Feldman, Fenlon, Foley, Fouras, Hamill, This process is about the welfare of the Hayward, Kingston, Knuth, Lavarch, Lucas, racing industry. The problems of the racing Mackenroth, McGrady, Mickel, Mulherin, Musgrove, industry cannot be solved just by increased Nelson, Nelson-Carr, Nuttall, Paff, Palaszczuk, 2898 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Pearce, Prenzler, Reeves, Reynolds, Roberts, lines and water lines. In the Senate, Labor Robertson, Rose, Schwarten, Spence, Struthers, also favoured a very broad reach of the right to Turner, Welford, Wellington, Wells, Wilson. Tellers: negotiate in relation to infrastructure built by Sullivan, Purcell third parties which, as other speakers have NOES, 31—Beanland, Borbidge, Connor, Cooper, pointed out, is becoming increasingly Davidson, Elliott, Gamin, Goss, Grice, Healy, Hobbs, common. Even the former Labor Government Horan, Laming, Lester, Lingard, Littleproud, Malone, in this State championed the use of third Mitchell, Quinn, Rowell, Santoro, Seeney, Sheldon, parties for the construction of public Simpson, Slack, Springborg, Stephan, Veivers, Watson. Tellers: Baumann, Hegarty infrastructure projects yet, if the Premier is going to insist on a right to negotiate, we have Pairs: Gregory, Bundamba; Woodridge, a potential major roadblock looming for those Barambah sorts of things. That is a particular issue for Resolved in the affirmative. Queensland. We do not have a head of power Motion, as amended, agreed to. in this State, as do most other jurisdictions, for the compulsory acquisition of property rights Sitting suspended from 7.02 p.m. to for third parties. So there will be no quick way 8 p.m. for us to facilitate those sorts of things. The State cannot in a non-discriminatory NATIVE TITLE (QUEENSLAND) STATE way acquire all the rights that might apply to PROVISIONS AMENDMENT BILL (No. 2) land in order to advance projects that could be Second Reading crucially important regionally or even at a Resumed from p. 2887. Statewide level. We will have to go through the full right to negotiate process if that is what the Mr BEANLAND (Indooroopilly—LP) Labor Party opts for. Of course, there is no (8.30 p.m.), continuing: Earlier this evening I logical route to follow in relation to what we was referring to where the Premier was going have seen from the Government to date to with this raft of issues in relation to the right to make even an educated guess about these negotiate. A study of the Premier's records to matters. I look forward to the Premier clearing date can only create confusion because of the up these many issues in his reply. number of positions that have been adopted by him. We need these matters cleared up. To date, from the legislative response of this Government on the Wik package, we have For example, I believe that it would be seen it adopt wholeheartedly the first two instructive for the House to hear from the points of the 10-point plan, despite Labor's Premier where he stands on infrastructure opposition in Canberra. Then we have seen a issues, both in relation to large projects that mixed response on these mining issues: no cover a great deal of territory, such as gas right to negotiate on exploration, despite pipelines, and smaller projects that are Labor's support for a right to negotiate on that undertaken in our towns and cities. This Bill is activity, but a full right to negotiate on mining silent on those issues, yet they constitute an on pastoral land, which is in line with the area the right to negotiate potentially affects Federal position. Frankly, compared to its that, collectively, may well be as significant as Federal counterparts, the Queensland branch mining. I say that because of the types of of the Labor Party is all over the place on things that the term "infrastructure" covers, native title. such as bridges, roads and electricity lines. The infrastructure question is of very great I think that we all deserve at least a clear importance, and we have heard some of the indication from the Premier of what he is going ways in which that will be the case for to do in relation to the infrastructure issue in Queensland. However, it will clearly have very the cities, the towns and beyond. I suspect widespread ramifications. that we know the answer because, of all the Wik-related issues that were discussed in the When the infrastructure issue was first Senate, the right to negotiate was the one on dealt with in the Federal Parliament, Labor which the Left of the Federal Labor Party really fought tooth and nail to make a great variety stood its ground. We can only assume that Mr of infrastructure work subject to the right to McGaw from Mr Beazley's office, who I negotiate. For example, it wanted to make understand has been running Labor's Federal public infrastructure work by public utilities, agenda around the States and telling them to which were even exempt under Paul Keating's toe the line on the right to negotiate, has very misguided legislation, subject to the right endorsed the Premier's stance on the to negotiate except where the issue was one exploration issue. However, I believe that all of maintenance or of reconstructing works in Queenslanders deserve to know what Mr the original corridor, such as powerlines, gas McGaw's riding instructions for the Premier are 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2899 on the infrastructure issue, because it is a big negotiations in good faith is still uncertain, issue within the community generally, there is a case for saying that the veto right particularly for the people involved in the exists already. However, any suggestion that mining industry. this could be formalised by heritage laws, I suspect that we on this side of the which the Government is officially silent on but House can see what is going on. The which could have an immense impact, is piecemeal approach to the Wik issues by this something that this House deserves to know Government is probably not a sign of its about and know about now. We all know that incompetence but rather a quite deliberate claims are being made on Century in relation tactic to keep from view its overall approach to the powerlines and the bridge. until we see the very last piece of the jigsaw Although it is apparent that the fall into place. In other words, we are seeing a Government is intent on rushing though one Government engaging in the old divide and corner of its right to negotiate policy either late rule principle, or the drop-by-drop Chinese tonight or tomorrow—and it is a very important water torture technique: let a little bit go, see corner—all its cards on this issue are not on how it rides, and then move on a step or two the table. They should be, and I look forward down the track until at the end we see a pretty to the Premier putting those cards on the comprehensive kowtow to Mr McGaw. That is table, as I have called for him to do. It really is what this side of the House expects to see. a slap in the face for this House that we have these matters being dealt with in such a Heritage issues are another aspect of the piecemeal fashion. So I call on the Premier overall set of issues that will have a profound and his colleagues to come clean and spell it impact ultimately on the way in which any right out. to negotiate is going to work in this State and, indeed, nationally. There is no doubt that I also notice that the words "in good faith" cultural heritage legislation both at the have been taken out of the legislation. That Commonwealth level and the State level does not get away from the fact that mining needs a fairly comprehensive overhaul, companies will still be required to act in good notwithstanding the fact that the Queensland faith in any negotiations that they might have Public Service and some of our most in relation to this legislation. Of course, under responsible land councils have effectively common law they are certainly required to act worked miracles under the current laws. in good faith. If the Premier believes that he is doing the mining industry some great turn, that Other speakers have dealt with the south- is certainly not the case because it will still be west gas pipeline and the north-west gas required to act in good faith. Otherwise, when pipeline projects, which were triumphs for all it comes to tribunal or court hearings, they will concerned. However, there needs to be an not have a leg to stand on in relation to the overhaul and the definitions that will emerge in negotiations that they have undertaken. We that overhaul in relation to sacred sites and need to spell that out quite clearly. sites of significance are going to be absolutely crucial. For example, we understand that the In conclusion, in another place the Labor Government is considering dropping a Party exempted the Chevron gas pipeline from prescriptive set of definitions in relation to native title legislation, but it is not exempting sacred sites for a very blurry view that will any projects in the Queensland legislation. revolve around sites of significance. We That seems a little hypocritical, as anyone who understand that sites of significance are going listens to this debate or reads about these to be delineated so broadly as to be almost issues will understand. The Chevron pipeline anything with which Aborigines at some time project, which will bring gas from Papua New have had an association, with highly Guinea to Queensland, is a good project in prescriptive indicators as to what authority itself, but this is a situation where Aboriginals will have to stop projects that Queensland—— threaten these sites of significance. In other Time expired. words, the Government's revamp of the Mr BRISKEY (Cleveland—ALP) cultural heritage laws could create an effective (8.40 p.m.): I rise to support the Bill, which and quite specific veto where we are told none demonstrates that only Labor Governments now exists. have the capacity to resolve the complexities As other speakers have indicated also, it surrounding native title issues in the interests is a very moot point as to whether the current of the whole community and in a manner that right to negotiate amounts to a de facto veto. ensures that economic development and the Certainly, when one looks at projects such as rights and needs of native title holders are Century, which after many years of promoted. The Bill creates jobs for 2900 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Queenslanders in the important mining sector, Mr BRISKEY: It is most certainly while ensuring that native title holders have the flagitious. Indigenous property rights pre-exist right to negotiate future mining activity, and have survived colonisation. Native title excluding exploration. must be treated equally before the law with Premier Beattie deserves to be other titles flowing from the Crown. The congratulated on devising the Bill and for challenge for us as legislators is to develop setting a positive tone for the resolution of mechanisms that accommodate native title in native title issues in Queensland. In just three our land management system. Those months the Premier brought all the competing mechanisms must protect native title rights parties together and worked out a set of while also encouraging mining development procedures to deal with the native title issues and creating jobs. that arise from mining activity. The Bill delivers The Bill is evidence of the Beattie a process for dealing with native title issues in Government's inclusive approach, which the context of mining activity to ensure the accommodates the interests of all future prosperity of this State. This is a Queenslanders. We on this side of the significant achievement, particularly when Chamber are not captives of the miners or the contrasted with the divisiveness and pastoralists. We do not put forward the uncertainty that characterised the previous interests of one group in our society at the Government's litigious approach to this expense of another. We have put our efforts complex issue. into finding workable solutions based on Native title is an issue that the Liberal and agreements between the parties, not into National Parties in Australia struggle to putting the Queensland taxpayers' dollars into understand. They refuse to acknowledge that wasteful and divisive legal campaigns—the indigenous property rights pre-exist and survive latter being the preferred approach of colonisation. Their policies in this area are a members opposite. The Bill recognises that recipe for failure. Native title has been the the best way to get a speedy resolution to most contentious political issue of the 1990s. native title issues is to get the parties away This issue has sadly and unnecessarily divided from the courts and around a negotiating table the nation. The issues involved have stirred so that they can reach an agreement. strong emotions and, unfortunately, Litigation is expensive. It unnecessarily delays conservative politicians in this country have the process and it has failed in practical terms irresponsibly fuelled attention by exaggerating to clarify the day-to-day impact of native title. what native title in fact means. The approach The Native Title (Queensland) State of the Liberals and, particularly, the Nationals Provisions Amendment Bill (No. 2) 1998 has been to inflame the situation, to create implements Stage 2 of the Premier's native instability and uncertainty, and to put one title strategy in respect of the mining sector. It group against another. Certainly they have is Queensland's response to the Howard been flagitious in their approach to the native Government's changes to the Commonwealth title issue. Native Title Act. It deals with those tenures Mr Musgrove interjected. where native title has not been extinguished totally and where mining rights can be granted. Mr BRISKEY: They have most certainly It establishes a process that is fair, clear and been flagitious. They have constantly opposed as streamlined as possible to resolve native indigenous claimants' rights to negotiate. Their title issues in relation to all future activity on propensity for litigation and their malevolence land where native title has been determined as have damaged the social fabric of our nation. existing, or claimed but yet to be determined, In fact, they have hurt the very people they and which is held under non-exclusive claim to represent. The Leader of the possession. Opposition will go down in Queensland and Australian history as the most divisive, mean- The legislation deals with the grant of spirited and ignorant politician to handle native mining exploration and with mining title issues. On this score, our Prime Minister, development approvals. In detail, it sets out Mr Howard, has something to thank the native title procedures that must be complied Queensland National Party leader for because with before a grant of tenure can be issued or while he was around Mr Howard's malevolence exercised where native title may exist. It also appeared a little tempered. The writers of our establishes appropriate procedures for history will cast the Leader of the Opposition exploration to happen in a way that is and the Prime Minister as the arch villains in consistent with the requirements of the Commonwealth Native Title Act, with the this part of Australia's coming of age story. practical aspects of mining exploration and Mr Musgrove: It's certainly flagitious. with the articulation of native title cultural 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2901 heritage. A general description of the various within Native Title Services. This unit will procedures for each type of mining is set out in hopefully minimise the misunderstanding and the explanatory memorandum. confusion that has characterised native title It is Labor Party policy to maintain the issues—misinformation, I might add, that rights of indigenous people to negotiate on members opposite take great delight in resource developments. In 1993, the Keating peddling. Government's Native Title Act gave Aboriginal A Government member: Outrageous. people a right to negotiate in relation to mining Mr Musgrove: Hideous villains. developments on land over which they had a native title interest. The Howard Government's Mr BRISKEY: Indeed. aim was to completely remove that right to The primary function of this unit will be to negotiate where pastoral lease land was ensure that clear, user-friendly information is concerned. The Commonwealth Native Title disseminated to the stakeholders likely to be Act provides only the bare minimum involved in future native title claims. These procedural rights for native title holders. It is an practical forms of assistance are long overdue approach that unnecessarily pushes the and will be of particular assistance to my parties into a legal battle. constituents who are currently working on the The Beattie Government's aims are clear. Quandamooka native title claim. We want to encourage investment and mining I take the opportunity provided in this development in Queensland that respects the debate to praise the work being done by many rights of native title holders. However, the dedicated people in my electorate to reach a policy options open to us to achieve this aim native title agreement with the Quandamooka are constrained because they must be people. The approach that has been adopted consistent with the Commonwealth Native Title in my local area mirrors in many ways the Act. The approach that is laid out in this approach set out in this Bill. It is a grassroots legislation will provide a process for dealing approach. It relies on bringing the parties with native title issues in future land activity by together and discussing the issues in a fair, encouraging all players in the process to work open and informed manner. As part of the together, away from the courts, to reach process to reach this agreement, the State agreement. We believe that comprehensive Government is currently negotiating with the agreements negotiated in good faith and with Quandamooka Land Council on a framework goodwill by all interested parties are the way to agreement on native title determinations, go. This approach imposes procedural which will set out the broad principles and time obligations on all parties to engage in the lines for negotiations and consequently assist process sensibly and not to attempt to subvert both parties to negotiate the native title claim. it. These State/land council negotiations The approach also places on the follow the signing of a process agreement Government a responsibility to provide between the Quandamooka Land Council and practical assistance to secure agreements. the Redland Shire Council last year, which set The Government will provide this assistance in out a course that recognises the three specific ways: firstly, through the Quandamooka as the traditional owners of expansion of the Government's negotiating North Stradbroke Island and affirms the shire's services, which will now include a larger team local government role. The agreement means of specialist negotiators and mediators to that the Quandamooka people will have a key facilitate negotiations; and, secondly, through role in the development of a comprehensive changes to the operation of the Historical and management plan for North Stradbroke Island. Anthropological Unit. That unit has changed its focus from simply assessing and evaluating The President of the Native Title Tribunal, the veracity of connection reports to actively Justice Robert French, attended the signing assisting claimants to source material available ceremony for this process agreement and from Government records relating to their heralded it as an example of "how a well claims. This will significantly improve the informed and positive approach can create process and hopefully speed up final opportunity out of the lodging of a native title settlements of claims. I am pleased also that claim" and how agreements can be reached the unit will conduct workshops around that are beneficial to all members of the Queensland outlining what records exist, how community. claimants can find them and what other The work that is being done in my historical material is available. Thirdly, the electorate on native title demonstrates that, Government will provide assistance through when the parties come together in an informed the establishment of a Communication Unit and open manner, solutions that benefit all 2902 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 parties can be found. This is the approach that considered—is that the registration test for is at the heart of this legislation. It is legislation accessing it has been made tougher. The that provides the road map for all parties to claim is that this means that only bona fide find their way speedily to a final agreement on claimants will have the opportunity to access native title claims, and once the agreement the right to negotiate. has been reached this legislation provides the There is no doubt that one of the most individuals involved with certainty—certainty controversial aspects of the right to negotiate which stimulates investment and, most as it has developed is that it is a very major importantly, job creation. right that has been available not just to native Mr HOBBS (Warrego—NPA) (8.54 p.m.): title holders but also to native title claimants. Earlier in this debate we heard the member for As soon as there has been even a sniff of a Archerfield speaking about dignity and mining project, native title claims have economic stability for Aboriginal people— emerged. Whether or not the claim has had something that everyone wants them to have. substance—and to date there has been Mabo and Wik have led to divisions between absolutely no way of telling that at all—the Aboriginal people and the whites of Australia. claimants automatically gained access to a However, on this issue there has been greater right to negotiate. That was a very powerful division between black and black than right to gain access to so easily. between black and white. It carried with it a right to negotiation over The expectations given to the Aboriginal a six-month period after a two-month people have been unrealistic. The support by notification period. It carried the right to six the white carpetbaggers has been disgraceful. months of mediation by the National Native This legislation has taken the debate back Title Tribunal and then a two-month period in more than one year. We heard the member which the relevant Minister, on a narrow set of for Cleveland state that only Labor can solve parameters, might overturn the National Native native title. What gives you the arrogance to Title Tribunal decision. Section 39 of the Native say that? Title Act required that in any determination that Mr DEPUTY SPEAKER (Mr Reeves): was made a vast range of views concerning Order! I remind the member of a previous native title—views that had not yet been ruling by the Speaker that members must refer established—had to be taken into account. to other members by their correct title and not Based on those very broad criteria, it opened as "you". up the potential for claimants to receive massive payments. Mr HOBBS: The member for Cleveland said that only Labor can solve native title. Within that process there were also What gives the member for Cleveland and the massive opportunities to spin it out for years Labor Party the arrogance to say that? What and to engage in, as Bill Hayden identified in experience and knowledge do they have over relation to Century last year, near extortion. and above those who over generations have We have had undertakings of expenditure of lived and worked the very land that is in some $90m by the proponents of that project dispute with the Aboriginal people! They have and the State, and we still cannot build a none of that. This legislation is taking us back bridge over the Gregory River to provide that more than one year. The Government is project with all-weather access. turning back the clock. The House of So it is readily seen that where claimants Representatives and the Senate approved a gain access to the right to negotiate they gain 10-point plan. The minority Beattie very considerable rights indeed. And they did Government is varying a process that has so really without having to establish anything. been approved by the Senate. We have had All they had to do was whack in a claim. The the debate and agony has been experienced claim really did not have to be backed by any by everybody—the white community and substantive data. There was effectively no particularly the Aboriginal people. All the registration test for all of the claims that Government is doing is dragging out the issue, wanted to go to the next step and achieve— the issue being the right to negotiate. before there was any determination of native A claim that is regularly made by title—access to the right to negotiate. Of members opposite and members of the course, that was just ridiculous because it Indigenous Working Group is that one of the really did mean that, whenever and wherever a factors which makes the right to negotiate mine has ever been contemplated, the typical regime in this Bill less onerous than it might situation very quickly was that there was not otherwise be—and which therefore allegedly only one claim; there were numerous claims, makes it more reasonable, all things overlapping claims where the interest was very 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2903 typically not land rights but an ability to lock member—just one member—of the claimant onto a source of cash from, in fact, the mining group with the land over which rights were industry. being claimed. That was stated very plainly by the mining There is a sentimental view abroad that industry in evidence before the joint there ought not be any requirement at all for parliamentary committee on native title when it any establishment of a physical connection at was considering the Commonwealth's any distance that requires any substantive amending legislation which had, in turn, led to level of proof before a claim is lodged and, this legislation. It was clearly the money in simply by being lodged, provides claimants many cases, not the native title, that was with very strong procedural rights. The source being pursued. Honourable members opposite for this position used time and again by know that; I know that; everyone knows it. That members opposite is what they refer to as the phenomenon is, of course, apparent to "Brennan test" in Mabo where some words of anybody who can read a map. his honour in the context of connection with The issue of trying to bring some sanity to the land are selectively quoted. The passage the situation was an obvious error that the that is used is at page 48 of Justice Brennan's Commonwealth sought to address when it was judgment and the selective quoting is— considering its Wik amendments. It wanted to "Where a clan or group has achieve a situation whereby there were at least continued to acknowledge the laws and, some minimal requirements in relation to both so far as practicable, observed the the initial application for a claim and then a customs based on the traditions of the more substantive test again if claimants clan or group in question, whereby their wished to engage the right to negotiate so traditional connection with the land has there could be at least some valid basis for been substantially maintained, the assessing the very major statutory rights of the traditional communal title of that clan or right to negotiate. Of course, attention has group can be said to remain in existence." focused on the issue of the registration test The sentimentalists, of course, do not quote and the right to negotiate rather than the other passages from Brennan or a number of application test. other justices which do not serve their purpose. The Commonwealth specifically sought to Even the lead-in by Justice Brennan to the place some baseline requirements on comments quoted leaves his meaning claimants who sought registration. These ambiguous. Then if one goes to the were— comments of those two great favourites of the that the area to be claimed be identified ALP, Justice Deane and Justice Gaudron, one with some certainty; finds that their view at page 101 of their joint judgment is that native title will have survived that the people making the claim be "where the relevant tribe or group continues to identified; occupy the land". Justice Dawson held that all that the native title rights and interests native title had been extinguished and that, if being claimed be identified; traditional land rights were to be granted, then that the factual basis on which the the responsibility, both legal and moral, was claimants claim to be the native title with the legislature, not with the courts. Toohey holders be described; did not have much to say on that topic. that the registrar must be satisfied that So a great diversity of views were prima facie the native title rights claimed expressed across the bench in Mabo providing in the application could be made out; and guidance as to how one might structure an improved threshold test and, of course, even that at least one member of a claim group on where a threshold test was necessary has or has had a traditional physical relative to the deed of extinguishment that had connection with the land. occurred. The so-called Brennan test, the None of those requirements in the threshold test so beloved of members proposition that was put by the opposite can therefore readily be seen as a Commonwealth was particularly onerous. In highly selective presentation that has no fact, one would have thought that each and particular status. I would defy anybody to read every one of them ought to have been a the Mabo judgment in full and come away with requirement of the original Act of 1993. The any view other than that it was a collective view point which, of course, attracted the most of the majority that the great bulk of native title attention was the requirement that there be a had been extinguished via dispossession and physical connection by at least one via subsequent Crown dealings in land, and 2904 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 nothing said in Wik really contradicts this, courts, but was only to be applied to situations notwithstanding the extent to which the in which Aborigines sought access to the right pastoral lease issue has been beaten up by to negotiate. To achieve that very substantial members opposite. right, they had to establish that connection. The majority in Wik simply held that it was It was qualified to the extent that, if the not necessarily the case that all incidents of claimants could establish that they had such a native title have been extinguished by non- connection in the past but it had been exclusive tenures and, in particular, by pastoral discontinued, then the previous connection leases. The insistence of members opposite would suffice—and the Senate rejected that. that there ought be no need for a physical We have had the debate and we are having it connection is from the same beat-up bag. It is again. We had Labor saying that pastoralists based on the sentimental rather than the real were the tenants and that Aborigines were the state of affairs. It owes a lot more to the landlords; we had the Democrats and the sentimental view of Labor's Federal shadow Greens going along with that and we had Attorney-General, Nick Bolkus, that Aborigines Senator Harradine, who thought, as did are the landlords and pastoralists are the Senator Bolkus, that the land was still all tenants and the similar views of the Democrats Aboriginal land. than it does to the so-called Brennan test. What emerged in July was a significant The fact is that the call by the variation in the Commonwealth's original Commonwealth coalition for a physical scheme, and it was that the so-called Brennan connection test is indeed valid. As Nick test applied. The only reason an application or Minchin explained to the Senate many times, registration was rejected was the failure to the right to negotiate is a very powerful set of establish that just one member of a claimant rights to make available to people who simply group had had access to the claimed land have an unsubstantiated claim to their name. area in their lifetime. That would be appealable There ought to be higher standards and it is to the Federal Court. So much for the super- nothing short of extraordinary that, for the first tough registration test! A claim can still be time, the new Commonwealth Act actually made on the same sort of criteria but with a requires a reasonable standard of proof in requirement for a bit more detail. relation to matters as simple as what area is All that did was reverse the reverse actually affected by the claim, who is making it discrimination that was contained in relation to and what they actually claimed. the quality of material that had to be If one is going to be claiming substantial presented in the early days of the Act when coexistence rights with a pastoral leaseholder there was an Uncle Tom sort of assertion that to the extent that the claimed rights mean one because people were black they should not ought to be consulted about what happened have to do too much. Quite frankly, they can on that land before that claim is even afford better legal representation than can established, then a test of physical connection most people in this Chamber. Then, if the only is only reasonable. But to determine whether reason the registration was knocked back was the threshold test that actually emerged from that the connection test could not be satisfied, the Senate really does have that much of a that could be appealed on the basis of a sting in trying to reduce access to the right to connection that existed one or more negotiate by ambit claimants—and nobody generations ago. can deny that we have seen plenty of In the end, that is not too onerous a test. that—one really has to look at what actually It remains to be seen whether it ultimately emerged from the Senate, and it was pretty reduces the extent of access to the right to tame. negotiate. The suggestion that it is somehow a The Commonwealth originally sought a massive and unfair hurdle, or a hurdle that straight-up declaration that at least one somehow makes the application by members member of a claimant group had, at some opposite of the right to negotiate to mining stage in their life, a substantive physical leases on pastoral leasehold land in this State connection with the land. That is all it is asking. more acceptable, misses the point entirely. It could have been 20, 30 or 40 years ago, but The point, as other coalition speakers it had to be there if the claimants were going have stated, is that the right to negotiate to access the right to negotiate. It ought to be should not apply to mining on pastoral land in emphasised that this was a requirement not this State. Aborigines got the right to negotiate for a native title claim, which could go ahead originally in relation principally to vacant Crown whether a claim was registered or not either land—land that had never before been dealt before the native title tribunal or before the with by the Crown—on the assumption that if 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2905 they held land rights then those rights might this House, he presents a practical, fair and approximate freehold. We now know as a sensible solution that supports agreements result of the Wik decision that any rights and forces action within a reasonable period of Aborigines might hold in relation to pastoral time by any party involved in a particular land are a long way from freehold rights. At proposal, whether mining companies or best, they are coexisting rights which must indigenous groups. It prevents either party yield to the right of the pastoralists. It is being deliberately obstructive. It prevents therefore ridiculous that what is contemplated unnecessary prolongation. in the Bill before the House is that people with The model behind this Bill is in its essence a potential interest in land, which, even if a model for managing disputes, not only in law proven, would consist of far lesser rights than but also in many other fields of human the pastoralists enjoy statutorily, should have a endeavour where differences may arise. The far greater right than the pastoralists when principle is equitable opportunity to negotiate a mining is proposed on that land. The joint solution with the use of external power to pastoralists get limited procedural rights under oversee fair process and timely progress. the Mineral Resources Act; Aborigines get the Understandably, therefore, parties with full-blown right to negotiate. extreme views are not happy with this Ms BOYLE (Cairns—ALP) (9.13 p.m.): It legislation. Neither the mining council nor is a special privilege for me to be a member of some indigenous groups are happy, and that the Beattie Government introducing this native is because they did not get it all their own way. title legislation to the Parliament of Nonetheless, their criticisms of this Bill have Queensland. The decisions to at last give the not drawn widespread attention across the indigenous people of our nation recognition, broader community. In a real sense, that is first of their pre-European existence and proof that this Bill is fair, is down the middle second of their strong cultural connection to and does consider all interests, though it does the land, have been historic social and not concede control to either business or legislative events of this decade in Australia. indigenous groups. It will bring, with force if necessary, resolution within a reasonable There are few, if any, Australians who period of time. argue the intention behind the associated legislation. However, there are many The region of Cairns and the far north is Australians who have been dismayed, home to one-third of Queensland's indigenous frustrated and, as time has passed, people. We are also host to large mining increasingly critical of the stalemate that has companies and home to miners and their arisen in implementing the Commonwealth's families. Cairns, as the city for the region, native title legislation. The responsibility for this recognises the rights of indigenous people and stalemate falls at the feet of Prime Minister the important socioeconomic contribution of Howard and his coalition Government. Unable their culture to the future of Cairns. Similarly, to act decisively to resolve this stalemate, the Cairns recognises the value of the mining Howard Government has shuffled much of the industry, large and small, to the region and the responsibility to the States. importance to the individuals and families of the jobs that flow from it. The former Premier of Queensland, the What the Cairns community does not honourable member for Surfers Paradise, was want is what we have had under the previous not up to the job. What a career for the Government—business bogged down, even member for Surfers Paradise—to rise to the turned away, and indigenous people ignored position of "Mr Premier", then to "Mr and their historical bonds and future choices Indecisive", then to "Mr Negative". Then the brushed aside while only lawyers prosper and people of this State judged him "Mr Not Up To picnic. What the broader community of Cairns The Job". But Premier Peter Beattie has does want is not one group to win and one to wasted no time in proving that he is up to the lose. It wants resolution. It wants to feel secure job. He has carried out his commitment to that indigenous people are given a fair go resolve the stalemate and thereby to address while at the same time business is welcomed the division created by miners, pastoralists and and given the go-ahead, so long as projects indigenous groups and within the broader demonstrate social benefits and quality community. environmental management. It wants business The Premier and his advisers and staff on to create jobs, to make profits and thereby to this project have consulted, considered, engender prosperity in which we can all share. drafted and consulted again. Now, with the It wants native title issues sorted out and off unanimous support of the Labor members of the agenda so that we can move forward. 2906 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

That is what this Bill does. It balances Whitlam and Labor, though, who wanted the mining and indigenous interests, it resolves Northern Territory model to apply nationwide. disputes fairly, it ensures timely action and it The right was granted for mining projects moves us on. It will, if passed by this House, on native title land in 1993 by the be another major step by the Beattie Commonwealth, ostensibly on the premise Government in resolving native title issues and that it needed to provide Aborigines with thereby taking them off the agenda. This Bill is special benefits in the Native Title Act to make a practical, fair and sensible solution and I am up for what was assumed at the time to have proud to commend it to the House. been near wholesale extinguishment of native Hon. T. R. COOPER (Crows Nest—NPA) title. Also, it was said to be necessary because (9.18 p.m.): I rise to take part in the debate on the Constitution demanded that any the Native Title (Queensland) State Provisions Commonwealth legislation in relation to Amendment Bill (No. 2) to put the case not for Aborigines had to be beneficial, and there was myself or anyone on this side of the House allegedly concern that, without a right to necessarily but for the pastoralists out negotiate, the Native Title Act might not meet there—the landowners and the farmers—who the constitutional requirement. are the people who have been affected by this stupid drivel ever since it came in back in It is arguable whether these explanations 1993. That is exactly what it is. were genuine or simply an artifice to enable the ALP to deliver on long-held policy. The Perhaps we could have lived with Mabo, right to negotiate thus set in place did not but then came the Wik decision, which was attract a great deal of attention at that time in one of the most divisive and disgraceful Queensland, because it was then widely decisions and which has set this country on a assumed that native title could exist principally divisive path. That is the tragedy. People talk only on vacant Crown land, and only about reconciliation, but I do not know how on approximately 2% of Queensland was vacant earth anyone will ever get reconciliation after a Crown land. It was always going to have a decision such as Wik, which has been followed massive impact in Western Australia, where by legislation. Poor old "Little Johnny" gets the 40% of the State is vacant Crown land and blame for just about everything. Those where historical reservations in pastoral leases opposite tend to forget that it was Paul protecting some elements of native title made Keating who implemented Labor policy on top mining on pastoral land subject to the right to of the Mabo decision. That is a fact, and we all negotiate from the very beginning. know that. To have to listen to the high, pompous, holier than thou drivel coming from The bulk of Queensland—some 75%—is members on the other side of the House is held under various pastoral and agricultural enough to make anyone sick, because this is tenures that do not carry WA-style native title not going to resolve the issue at all. reservations, and it was assumed then that Government members should let this through, neither native title nor the right to negotiate and then they will see just how divisive it is. Not would apply here because a majority of the one member opposite has offered his or her High Court had held in the Mabo judgment of frontyard or backyard. There is no way in the 1992 that, while native title had survived world that they would do that. If it is going to settlement, it had largely since been be fair to all, they should offer up their own extinguished by inconsistent grant. The backyards and see how they go. majority held that, where titles which provided exclusive possession had been granted, native I want to outline some of the background title had been totally extinguished. Where behind the right to negotiate and this Bill grants were less than exclusive, possession of before the Parliament. When the Native Title native title was extinguished to the extent of Act was developed by the Commonwealth in the inconsistency. The majority also held that 1993, Aborigines were given a unique right to freehold and most forms of leasehold, negotiate over mining projects on native title including pastoral leasehold, were grants of land. Achievements of benefits from, and even exclusive possession which had extinguished a veto over, mining projects had been a goal all native title except where the leases held of Aborigines both in development of the Act and historically. The fate of Aboriginal carried specific reservations, as in Western influence over mining had been a central Australia. factor in major land rights cases in the courts The issue became of significant interest in prior to Mabo, and it was the core issue in the Queensland when the High Court ruled early in development of the Northern Territory Land 1996 that the National Native Title Tribunal Rights Act in the 1970s, when Aborigines had erred in rejecting the Waanyi native title achieved a veto over mining. It was Gough claim over some pastoral land in far-north-west 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2907

Queensland. The claim also covered the Keating rang him one night and asked him to Century Zinc ore body. The court said that the make sure that the National Farmers issue as to whether or not pastoral leases Federation supported the native title legislation extinguished native title was alive in the Wik stemming from Mabo. Of course, he jumped case and that the NNTT must accept it. The to that with alacrity, because that was his way. Wik case was a pre-Native Title Act land claim But by doing that, he committed the entire launched in 1993 over, initially, 11 pastoral National Farmers Federation—of which the properties on Cape York. UGA was an affiliate—to that particular piece While it was not until the Wik decision of of legislation. Proof positive of that was when the High Court in December 1996 that the that fellow stood recently for the Democrats. I potential for coexisting native title on pastoral have always warned the UGA, the Cattlemen's leases was established—by the court revising Union and anyone else who would listen about the view that it had expressed in Mabo that his politics. He took us for a ride, and he took pastoral leases were grants of exclusive the UGA for a ride, as well. possession—it was, in fact, the Waanyi case The United Graziers Association is giving which extended the reach of the right to the following advice to its members in relation negotiate to mining projects on pastoral land in to native title agreements: people should deal Queensland. As soon as the court directed the only with local people; they should deal only NNTT to accept the Waanyi claim, a right to with native title holders; there should be no negotiate process for the Century project commercial implications; there should be no became inevitable, and the NNTT was forced interference with management; there should to accept claims over pastoral leasehold land be access for specified purposes, and that and, in practice, over all tenures short of must be specified clearly; the landowner can private freehold land in Queensland, thus agree to preserve clearly identified sacred exposing virtually any and every mining project sites; there should not be a condition of the proposed in the State to the right to negotiate. lease; the agreement must be enforceable on That is where the damage was done. Aborigines; any agreement must comply with Many people in the UGA, the National the code of conduct; and all the agreements Farmers Federation, the Cattlemen's Union must be voluntary. The UGA does not support and all those people representing primary regional agreements. As well, any agreement producers in this State felt that they could must have some advantage for both sides. have lived with the Mabo decision itself. That The UGA believes that native title exists only Keating wanted to impose ALP policy as a where the court or legislation says it does. result of that—and used it accordingly— The real Trojan Horse of all of this is caused enormous difficulties. However, the another piece of legislation about which the worst difficulty came when the High Court ruled UGA has warned me. I refer to the in the Wik case, and that was when the trouble Queensland Government's option paper titled really started. It is of interest to note that, in Cultural Heritage Protection for the Purposes the decision of the High Court in the Wik case, of the Alternative State Procedures. It is a draft the three judges who supported the decision paper on cultural heritage. That is the Trojan on Mabo, including the Chief Justice, opposed Horse of enormous and immense danger to the decision in the Wik case. It was only in the the pastoral industry. People in the pastoral advent—if I can put it in those terms—of industry have expressed extreme concern that, Justice Michael Kirby that things started to even if native title and the right to negotiate do change around. But as I said, that is where all not work, they will fall back on this, and this will the trouble started, and it has caused many be the vehicle which will cause great angst and problems within the pastoral industry. That is a trouble amongst people in the pastoral shame. Of course, it is history that a letter was industry. written by Bill Hayden to the then Premier, Rob It goes on to say that the paper Borbidge, wherein he said that some of the establishes the basic position that "the State discussions that he had had with the people of Queensland recognises that all country has negotiating for the Aboriginal people were meaning for Aboriginal and Torres Strait nothing short of extortion. That is how things Islander People" and then moves on to get so far out of control. develop special measures for dealing with land I want to mention my discussions with the and resources within that framework, that is, United Graziers Association. I refer to when the the entire State of Queensland. That approach Mabo decision was made and Rick Farley was is likely to cause considerable unease for working for the National Farmers Federation. Australians of non-Aboriginal descent, Of course, he was a lackey and a clone of the particularly those who occupy and work the Prime Minister of the day, Paul Keating. land or develop its resources. Government 2908 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 intervention in property and resource utilisation even land accepted as bestowing exclusive should be aimed at fairness, equity and occupancy. efficiency. Governments should also recognise The pastoral industry has provided a that democratic rights are individual rights submission to the Evatt inquiry. The thrust of under the law. Legislators should not that submission is that there should be a encourage a particular racial or ethnic group to register of sites of significance to apply claim or expect in perpetuity special rights or generally. Only sites that would meet a general privileges not available to other citizens. test likely to be accepted by an average The High Court principles established in Australian citizen, regardless of race, as being Mabo and Wik were aimed at preserving the of major cultural value and worthy of historical rights of indigenous people to preservation should be subject to intervention. continue to live in the traditional manner where Where a site is nominated as being a secret they had been observing that lifestyle for site, such a site should be kept on a secret centuries following white occupation and register under the control of a suitable settlement. It was never intended that special independent person acceptable to the rights in perpetuity be granted to people of custodians who would confirm or deny the mixed racial background living in the modern existence of a secret site where development community as ordinary citizens, who have was contemplated. The pastoral industry has a never so much as visited the land that they great suspicion of cultural heritage surveys. It now wish to claim. does not support "fishing expeditions". Unless The response from the pastoral industry a traditional person can actually identify the goes on to say that the current policy of nature and location of a site of significance in minute inspection of land in the hope of advance of inspection, then land-holders have finding or fabricating something that will give a right to be sceptical if something is rise to intervention, protection or compensation discovered by people who have not previously will surely cause resentment among other visited the site. Australians. The proposed establishment of a It would be possible to discuss the draft cultural heritage management strategy will paper clause by clause, but the whole paper is certainly create the fear that that device will be dedicated to supporting a particular point of used as a vehicle for political intervention by view in favour of one group. The pastoral Aboriginal interests seeking to interfere with industry believes that it needs to be reworked the use or development of land or to procure completely to show fairness, equity and payment to allow certain activities to proceed. balance. If anyone thinks that this issue will be The pastoral industry fears that a CHMS all over after this legislation is passed, they can regime will be used to coerce land-holders to forget it. The problem will continue. Private enter into concessions or agreements for the land-holders along the proposed Chevron benefit of one racial group that were not pipeline route in Queensland also have mentioned at the time the land was leased to expressed extreme concern at many aspects them by the Crown for development and have of the proposed cultural heritage survey. More never been part of the land management will be said and done about that as time goes regime. by. As I said, the divisions will continue. They The pastoral industry also notes that that are certainly not over. The airy-fairy stuff that regime is intended to encompass the we hear from members opposite is simply not promotion of indigenous land use agreements, real. ILUAs. The pastoral industry is aware that The pastoral industry's response to the ILUAs are the preferred approach of the draft paper goes on to say that land-holders present Government in addressing Aboriginal are sympathetic to the preservation of real land and cultural issues, but the pastoral sites of significance. That is part of our cultural industry does not believe that being forced into heritage, but the process must not be misused agreements of that type will be a lasting for gaining political advantage or for extracting solution to native title problems. Firstly, it would compensation payments. Another issue that is be unfair to expect land-holders to negotiate distressing land-holders concerns rumours that when they do not know their rights. Secondly, large compensation payments and/or sitting there is ample evidence in previous fees are being promised to Aboriginal people agreements of non-compliance, with no where the Chevron pipeline route passes mechanism for redress. The pastoral industry through Aboriginal land or where Aboriginal also believes that the heritage protection people are involved in negotiations or regime as proposed in the draft paper will act assessment. If differential compensation is as a de facto right to negotiate on all land, being paid and the Aboriginal people are 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2909 receiving payments of a more generous nature heritage. The issue of native title is extremely than other land-holders, long-term resentment complex and involves a wide range of will surely follow. stakeholders. We could say that the range of Pastoral and other land-holders in north permutations and combinations of the various Queensland are certainly there for the long levels of previous occupancy and forms of haul. They can appreciate that mining and ownership and occupancy under western pipeline companies would wish to be seen as settlement is astronomical. There are many good corporate citizens, especially in relation permutations and combinations throughout to cultural issues that appeal to our city the country and, indeed, throughout this State. cousins. However, basic fairness is an In order to consult effectively with all important issue. The vast majority of land- stakeholders, it has been necessary to divide holders view the establishment of the Chevron the issues across a series of Bills to go before pipeline as being of positive benefit to the House. Australia. They will continue in that support The next Bill, covering the land and only if everybody is treated equally and the resources tribunal, should be introduced next land-holders' own interests are not prejudiced. week. That Bill will flesh out the details of the The pastoral industry has said that it is unable tribunal to which this Bill refers in various to accept the proposal as set out in the draft places. Indeed that tribunal will perform an paper. The proposals do not provide extremely important function, that is, to resolve procedural fairness for all the stakeholders those issues, to resolve sometimes very involved. Non-Aboriginal Australians do not complex and conflicting issues and to do so in have access to similar procedures in the an expeditious way in order to get on with preservation of non-Aboriginal cultural sites. development and job opportunities in this There is no objective test relating to site State. The application of native title processes identification. There is no objective test relating to the petroleum industry involves special to the magnitude of significance required for consideration because of the differences intervention. The administration is placed in between that industry and the mining sector the hands of special interest groups who are more generally. For example, exploration for likely to oppress existing land-holders. It is petroleum is a more significant event than it likely that the regime will be used as a de facto normally is for mining. Petroleum exploration right to negotiate. That will be brought through can involve test drilling, which has as large an the back door after this native title legislation impact as a drilling rig itself. goes through. Many people believe that all the Once an authority to prospect for problems will be over after this legislation is petroleum has been granted, there is an passed. They can forget that; this is just the automatic right to receive a production licence beginning. if a resource is discovered. That is in contrast Groups involved in the pastoral industry, to other mining where a further approval is including the United Graziers Association and required if resource extraction is proposed. The various other pastoral groups that have played petroleum industry has expressed a a watchdog role on the Premier's task force in preference for native title issues to be relation to native title legislation, were told that, addressed fully at the exploration stage. after this legislation was passed, they would Members will note that that contrasts with the continue in that role to monitor the mining provisions currently before the House, performance of this legislation as well as any which place more emphasis on the production other legislation that might impinge on this stage. Currently, the Petroleum Act is the legislation. Recently they were told that their subject of a comprehensive review. We have job was finished, that it was all over red rover. agreed with the industry to incorporate into this They are dismayed that that is the case. They review consideration of appropriate native title know as do I and other practical people that it processes. The Petroleum Act review will is not over by any stretch of the imagination. It continue well into next year before amending will only get worse. That is the tragedy of it. legislation is presented to the Parliament. Mr FENLON (Greenslopes—ALP) The current provisions of the Cultural (9.37 p.m.): I rise in support of the Bill, which Record (Landscapes Queensland and sets up a State-based regime to manage Queensland Estate) Act are indeed mining proposals on land where native title anachronistic and in urgent need of overhaul. may be found to exist. Over the next 12 The definitions of what constitutes cultural months, further Bills will be introduced heritage are ridiculously low and leave establishing a land and resources tribunal, a unprotected many significant elements of our native title process for the petroleum industry heritage. The procedures for obtaining cultural and a new system for the protection of cultural heritage clearances are vague and open 2910 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 ended, making them ripe for abuse. All parties opposite really sit very firmly with those are strongly supportive of a complete rewrite of pastoralist/leaseholder interests. That is fine. the Cultural Record (Landscapes Queensland We can understand people having those and Queensland Estate) Act, and already a interests and representing them. However, it is reference group has been established to dishonest for the members opposite to come undertake that task over the next 12 months. into this place and throw up all forms of The reference group consists of smokescreens to avoid recognition of the representatives from the indigenous reality that they are simply here to represent communities; the mining, petroleum and and stand for those economic interests. pastoral industries; and other citizens with I refer to the smokescreens that we saw heritage expertise. It is hoped that a today from the Leader of the Opposition in discussion paper will be released before terms of his unhealthy obsession with Mr Christmas with the aim of developing new Murrandoo Yanner. I would like to do a word legislation for introduction to Parliament in the count on the speech of the member for second half of 1999. Cultural heritage exists Surfers Paradise to find out how many times across all tenures so it has a greater potential he mentioned that person's name. We might to be an issue in development applications ask why the Leader of the Opposition is so than native title. That is why it is vitally obsessed with one person out of all of the important that Queensland develops a indigenous people in the State who have been sensible system that respects our heritage engaged constructively in native title issues. while providing clearly defined processes for Why would the member for Surfers Paradise developers to resolve cultural heritage issues. be so obsessed with this one person that, That is in stark contrast to what we have every time he gets the opportunity, he heard today from the Opposition. We have mentions him in almost every sentence? Why heard from them one very dismal position, the unhealthy obsession? Because it is part of which is basically one of being against the Opposition's general smokescreen to negotiation. Why are they against negotiation? discredit the interests of the indigenous people Because they do not want equitable of this State who are trying to properly and settlements. Equitable settlements are what constructively move forward on the native title comes out of negotiation. If we do not have issue. Indeed, it is a great smokescreen negotiation, what is the alternative? To have against what they are really about, which is arbitrated outcomes, bogged down in courts representing very particular, very narrow indefinitely. What do we have out of a economic interests. That is what has really negotiated settlement? Reasonable outcomes happened in this debate. It is time that we had that suit both parties: where both parties can a little bit of honesty. We will respect the become finely attuned to each other's needs members opposite if we see some more of and achieve a specific result that is appropriate that honesty. to the local circumstances, to a specific set of Mr Borbidge: What happened to jobs, facts and to a specific environment. I am very jobs, jobs? proud of the fact that the general thrust of this legislation is towards negotiation because I Mr FENLON: I am glad that the member believe that, given the time frames that are for Surfers Paradise mentions jobs, jobs, jobs, built into this legislation, the parties will move because that was the next issue to which I was towards establishing goodwill and sound, going to refer. By anticipating my speech in negotiated outcomes. this debate, at least he is showing some vision. During the two and a half years of the The other thing missing in the debate National/Liberal Party Government, what did from members across the Chamber is honesty. we see? We can scour the Hansard, we can We have not seen from the members opposite scour the Queensland statutes, but what do a real declaration of the interests that they we find? Absolutely nothing! Not a skerrick, not represent. We would respect them more if they a movement, not one iota of doing something did that. Some weeks ago in this House when constructive about changing the law. Not a we last debated native title amendments, the thing! members opposite became very sensitive when I suggested that they really represent Mr BORBIDGE: I rise to a point of order. people such as themselves, their members in The honourable member is obviously aware their own party and the people in their that the then Leader of the Opposition moved electorates who have very significant economic a motion in this House that prevented us from interests and favour the landowners, the doing so. pastoralists and, to some extent, the mining Mr FENLON: The Leader of the companies. The interests of the members Opposition had all the scope in the world to 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2911 move. He had the numbers in this House, yet legislation and any dream that the members he did not even try. opposite might have had. Mr Borbidge: You weren't here; you were In the broad context of this debate on on sabbatical. native title, a much wider range of issues should be considered in terms of the Mr FENLON: Indeed, I was on sabbatical. indigenous people of the State. I refer to the When he was in Government, the Leader of issues that have recently gained prominence the Opposition did not move. Over that time, in the newspapers concerning the general all he did was knock, knock, knock. The welfare of people in indigenous communities, Opposition, when in Government, did not do particularly in light of abuse resulting from anything to really try to move forward this alcoholism. I join with the Minister for issue. Indeed, what possible respect could the Aboriginal and Torres Strait Islander Policy in Leader of the Opposition have in this House welcoming that debate. It is certainly long when all he wants to do is take his belligerent overdue and will hopefully expose what has line and knock the indigenous people of this been going on within those communities. State and favour very narrow sectional Sadly, that debate has not yet developed into interests. No wonder he receives some a more constructive process that offers opposition in this House. If he came here with solutions. We have to find better solutions to some sensible suggestions, he might be help the people in those communities realise received well. But no, he retained his their rights in a broader environment, as well belligerent approach, he put up the as their land rights in particular. smokescreens and he knocked one individual in the Aboriginal community as being I welcome the suggestion that centres be representative of the entire Aboriginal established to help the communities develop community. That was his approach and he and enhance their own cultures. In that sense, wonders why this House does not have a we should assist those communities to build favourable attitude towards him and, indeed, from the bottom up. Only by building and he wonders why the coalition lost the last rebuilding their cultures, their way of life and election. The people of this State do not want their values can those people establish their lives and avoid the horrors and the traps that such a confrontationist approach. The people confront them through alcohol abuse. I hope of this State whom I represent want to see that the journalists who are looking at those these issues worked through in an amicable, issues will turn their attention to such things as agreeable fashion, and that is what this the role of wet canteens in the communities. Government is doing. Some rather strange anomalies have Mr Seeney: How many claims in your developed in our society. For example, an electorate? individual who has been evicted from a hotel can sue the publican for damages that might Mr FENLON: I do not know. Getting on result from being hit by a car on the way with this legislation means jobs and it means home. getting results. Members opposite would certainly not have achieved that in a month of Mr Lucas: A little bit is happening about Sundays, because all they wanted to do was that in the courts recently. confront, confront, confront to protect those Mr FENLON: Indeed. That seems to be at interests. They wanted to ensure that the odds with the prospect that individuals can run people of Queensland would probably be a canteen that basically destroys the social paying for those interests. They would still be and cultural fabric of a community. I hope that leaving the door open to compensation claims someone is thinking about the ownership of by denying native title. Indeed, throughout this those canteens, how they are run, the debate members opposite have been asking economic interests that are served by them who pays. Under their confrontationist, winner- and how the profits of the canteens are takes-all solution, we would have been paying. calculated and returned. We really need to That solution was not workable and it would examine the way in which the communities are not have worked in 100 years. This Bill working. We must look very critically at such proposes something that will work, because it factors and, more appropriately, we must help is founded on fairness and negotiation. There those communities to create centres that will will be outcomes and, therefore, we will be enhance and reclaim their cultural heritage. able to get on with development and job Only in that way can those communities move creation. The coalition's solution did not forward. It is not appropriate to talk about provide any prospect of achieving job creation, complete prohibition within the communities. and that is the real difference between this We must take a completely different approach 2912 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 that focuses on the management of and place Queenslanders in long-term consumption in order to empower the people meaningful jobs. We must do whatever is of the communities to move towards a greater possible to alleviate the burden of native title sense of autonomy and a greater control over on industry, while ensuring that we give legal their own lives. native title holders the same rights as Mr FELDMAN (Caboolture—ONP) (Leader pastoralists and other landowners within, of of the One Nation Party) (9.56 p.m.): I am sure course, the strict boundaries of the that everyone is aware of One Nation's Commonwealth native title legislation. philosophy on native title and the absurd way The Commonwealth Native Title Act, in in which it has been orchestrated by some attempting to protect the rights of native title Aboriginal leaders. They have been aided and parties, has gone too far. It has given to abetted by the courts and the myriad lawyers Aboriginal Australians rights that are not the who are prepared to overlook the divisiveness same and that are far beyond those of all it has invoked for the prospect of massive other Australians—I repeat: all other retainers and financial rewards that it will bring Australians. I notice in the Commonwealth them. In the end, the winners will be those at Native Title Act, which the Premier in essence the top of the economic feeding tree, the had to use, mention is made of the right of the economic Tyrannosaurus Rexes—the legal Minister to override the tribunal's decision. In profession. part, it states— I listened with interest as the honourable "In the interests of Queensland, (a) member for Kurwongbah spoke about her for the social or economic benefit of school days and reminisced about what she Queensland (including of Aboriginal had learned of the policies in Australia at that peoples and Torres Strait Islanders) ..." time. What she forgot to say was that 1972 arrived and the dream of Australian-owned, Why is it necessary to distinguish Aboriginal Australian-operated and Australian-run and Torres Strait Islander people from other enterprises died at the hands of economic Queenslanders? It may seem a trivial point, rationalism and the Leftist feel-good policies but it is a classic example of creating division that murdered Australian economics. We have within Australian society. Aboriginal and Torres only been doing CPR to the economy ever Strait Islander peoples are Queenslanders and since. Australians. No distinction need be made in legislation, policies or Government The Bill is intent on snuffing out the last departments. We heard the vitriol from the glimmer of that dream. Back then, it was the honourable member for Townsville, as he dream that each and every Australian had an desperately attempted to perpetuate the interest in this land, its beauty, its wonder, its racism myth against us. I put it to this House wealth and its potential. We now have the that this racism in legislation is just the sort of absurd situation where we even have to pay divisiveness to which One Nation is so strongly for the privilege of perhaps starting the opposed. I see no need to divide Australian Olympic torch relay at Ayers Rock. Where will against Australian on the basis of race. This is this sort of indulgence end? an inference that Aborigines are not This Bill gives no consideration to the Queenslanders and are not Australians. miners or the thousands of jobs for ordinary Mining is a vital industry to Queensland. Australians that are under threat due to the The Premier acknowledged the importance of ability of native title claimants to blackmail the mining industry to Queensland and its mining companies out of existence. They do impact upon our State's wealth and job not even have to be native title holders; they creation. One would think the Premier, whose only have to be claimants. Almost anybody catchcry is jobs, jobs, jobs, would be most can be a claimant. Under this Bill, being a eager to assist the mining industry to begin claimant gives a person the right to negotiate, working again, to begin exploring again, to which is tantamount to the right to blackmail begin developing and to begin providing those any person or company seeking to develop a elusive jobs, jobs, jobs—jobs that he has no mining operation. hope of providing unless he is prepared to give One Nation will be moving to amend this some protection from the spurious claims and iniquitous Bill by removing the right to blackmail to the sector most able to provide negotiate provisions in Part 14, Native Title them. Why then has he included right to Provisions for Mining Claims, and in Part 17, negotiate provisions for high-impact mining Native Title Provisions for Mining Leases. This activities in the Native Title (Queensland) State must be done to make it workable. We must Provisions Amendment Bill? Why has he been make it practical in order to kick-start industry so generous to native title parties in high- 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2913 impact mining areas? Why has he not taken right to negotiate still applies as laid out in the full advantage of the Commonwealth Native Commonwealth Act. However, where native Title Act's allowance for the State to exclude title could coexist with other types of tenure, these provisions under section 43A? John Howard's legislation allows States to Native title has had an extremely introduce a regime which provides only rights detrimental effect on our mining industry. The of consultation and objection to mining Premier's decision to include the right to projects. negotiate provisions only further hinders this This Bill exercises the discretion to industry—a major employer in Queensland. upgrade a State-based regime to a right for For too long the Aboriginal people have been existing and potential native title claimants to given "whiskey and beads" by both sides of negotiate about the impact of mining politics rather than attention to the real issues. developments. The negotiations must focus They have been given remuneration rather on the impact of the development on the than reconciliation. I am not suggesting for a enjoyment of registered native title rights and minute that native title holders should be left interests and may extend to more general out in the cold. Yes, they should be consulted matters affecting the local community. But and have the right to object to proposed negotiation has been defined in clause 590 of mining activity. They should be given the the Bill to ensure that both sides genuinely opportunity to discuss with mining applicants seek to reach agreement. where sacred and sensitive sites may be Some people have been wrongly located. However, they should have no more suggesting that this Bill provides only for a two- rights than any other land-holder or month period for negotiation. The process leaseholder. outlined in this Bill identifies a 10-month period Surely the time has come to look after the in which negotiations can take place. There interests of all Queenslanders and are three months for notification of interested Queenslanders' place within Australia. The parties, three months for consultation and Premier's Bill attempts to deal with native title negotiation, and up to four months for in Queensland according to Commonwealth determination by an independent tribunal, law. However, it does not go far enough. More possibly including mediation. And negotiations needs to be done to get industry working can occur at any time throughout this 10- again and to get Queenslanders into jobs, and month period. more needs to be done to give all parties For low-impact mining and for exploration, involved in native title a more equal say in the issues are more likely to revolve around what is fundamentally an inequitable legislative concern about immediate impacts of people mess. traversing the land rather than the effect on As the honourable member for Cairns native title. For example, native title holders pointed out, this legislation does not do one may wish explorers not to traverse certain thing or the other. Mr Beattie is caught like a areas of cultural significance or they may wish kid straddling a barbed wire fence. He has one that exploration activities be done in a certain foot on either side of the fence and his strides way to preserve the environment. The caught on the wire. He must jump one way or transitory nature of exploration and low-impact the other before the wire recoils and more than mining means that it is highly unlikely that his strides are caught and torn. Sensible cultural or other interests in the land would be amendments will be brought in at the subject to sustained interference to warrant Committee stage to help him out of this mess extensive negotiations. Accordingly, native title he is in. Just like the kid caught on the fence, claimants will have the right to be notified he needs a hand to get himself off. One about the activity, to be consulted about its Nation will provide the amendments that will impact and to have any objections heard extract him from the wire on the fence. Better within a six-month period. unique legislation than a eunuch legislator. I know that some indigenous groups have Mrs NITA CUNNINGHAM (Bundaberg— expressed concern that no right to negotiate ALP) (10.05 p.m.): We have heard a lot of over exploration exists. They have argued that divisive and almost hysterical debate on this cultural heritage or environmental impacts issue, but the facts are that this Bill maintains could be ignored. But these issues can quite the right of indigenous people to negotiate easily be pursued through the objection about mining developments on land where process allowed for under this Bill. native title might still exist, including pastoral There are separate regulatory processes leases; and on unallocated State land, which for cultural heritage and for environmental represents less than 1% of the State, the full impact with which mining proponents would still 2914 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 need to comply. This native title regime does Mr GRICE (Broadwater—NPA) not replace existing regulation; it is (10.12 p.m.): This Bill is another missed complementary to it. If it comes to pass that opportunity, another bureaucratic impediment the exploration is successful and a mining that the Beattie minority Government, project is proposed, miners will be required to representing 37% of the people of initiate more extensive negotiations, as laid out Queensland, is intent on placing in the way of in Division 3 of this Bill. It is at this stage that Queensland's economic future. Queensland, the project is more likely to involve a sustained by virtue of the legislation of the Federal impact on the land and on the lifestyle in which Parliament, has been given an opportunity to native title claimants have an interest. enact State legislation that will prescribe the various steps necessary to ensure that mining Clause 608 of the Bill clearly lays out the exploration and activity can take place on non- subject matter which should be canvassed in exclusive tenure land. This is a so-called negotiations about a mining development. The section 43A procedure. In addition, the State tribunal has been provided with a set of criteria can enact legislation for unallocated State land which may and, in some cases, must be taken which prescribes a State-based right to into account in making a determination about negotiate procedure. the project. This clause effectively imposes an obligation on the negotiating parties to take Honourable members may recall that these matters into account in their these points were made abundantly clear in negotiations, otherwise the tribunal can the sixth point of the Prime Minister's 10-point impose these considerations upon the parties. plan. The sixth point provided as follows— "6. Future Mining Activity The criteria which the parties must take into account are the impact of the proposal on For mining on vacant Crown land, the enjoyment of registered native title rights there would be a higher registration test and interests and the impact on the economy for claimants seeking the right to and other interests of those in the region. The negotiate, no negotiations on exploration, other things which the parties may choose to and only one right to negotiate per negotiate about include the effect of the project. As currently provided in the NTA, project on community life, for example, States and Territories would be able to put in place alternative regimes with discussions on ways of managing increased similar right to negotiate provisions. heavy vehicle traffic around the lease area, indigenous access to the area and the carrying For mining on other 'non-exclusive' out of ceremonies on the leased area. Again, tenures such as current or former pastoral some people have argued that these criteria leasehold land and National Parks, the are too prescriptive, that they impose too right to negotiate would continue to apply many obligations on mining proponents. Our in a State or Territory unless and until that view, however, is that it is only fair and proper State or Territory provided a statutory that these matters be the subject of regime acceptable to the Commonwealth negotiations. It is better to be definitive about which included procedural rights at least the scope of negotiations than to leave that to equivalent to other parties with an interest in the land (eg the holder of the pastoral the interpretation of the courts. lease) and compensation which can take Contrary to the hypocritical and account of the nature of co-existing native mischievous comments made by the Leader title rights (where they are proven to of the Opposition earlier this afternoon—an exist)." Opposition Leader who did nothing to even try As a result, the revised Federal Native Title Act to resolve these matters during his term as allows Queensland to enact an alternative right Premier—this Bill will allow mining proponents to negotiate process for unallocated State land to have a clear indication of the extent of their and a separate and less stringent regime for obligations, a clear indication that has been non-exclusive tenures. The problem with this sadly missing in the past. This Bill will maintain Bill is that this Government is determined that the right of indigenous people to negotiate the clear intent of point six of the 10-point plan about mining developments, a right they justly be subverted by a half-baked right to negotiate deserve. If this Bill can bring an end to the process being imposed on non-exclusive delays and the uncertainties of the past six tenures. years, then the Premier and the Government The reason that point six of the 10-point deserve full credit for progressing this issue so plan was inserted in the first place was as a far in such a short time, and this Bill deserves result of the severe and entirely detrimental the support of everyone in this House. impact that the right to negotiate process was 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2915 having on minerals exploration and The truth of the matter is that, without a development in Australia. The impact of the growing economy so that we can all share in right to negotiate process from a the prosperity of our nation, unemployment will developmental perspective has been continue to increase and the disparity between absolutely disastrous for the Australian the rich and poor will continue to grow. In this economy. The Premier has gone on and on context, it is important to constantly remember with totally misleading comments about the the importance of the mining industry to actions of the coalition while it was in power, Queensland and to Australia. The minerals but let me concentrate just for a moment on industry is Australia's largest exporter. In the the impact of native title on activity in Western financial year 1996-97, mineral resources Australia. represented 45% of our total merchandise In that State, where the Native Title Act exports and about 34% of Australia's total right to negotiate procedures have been export revenue. In dollar terms, this equated to applied, the number of mineral leases granted approximately $34.6 billion, or 7.7% of fell dramatically. The number of mineral leases Australia's total gross domestic product. Four granted each year since the commencement in every 100 Australians owe their livelihood to of the Native Title Act has been as the minerals industry. In 1996-97 the mineral follows—and this should be clear and production and processing industry engaged understandable, even for those elected by directly and indirectly over 300,000 people. 37% of the population of Queensland—in Importantly, this employment is provided in a 1993-94, 805 mineral leases were granted; in mix of remote and rural areas as well as in 1994-95, 611; in 1995-96, 368; and in 1996- areas on the outskirts of certain centres where 97, 159. manufacturing and downstream processing occurs. Also, for the information of honourable What the Premier failed to point out in his members, I point out that the mining industry second-reading speech or publicly is that, accounts for about 20% of total private new since the commencement of the capital investment in Australian industry and it Commonwealth legislation, no native title spends about $15 billion per annum on goods negotiations have been completed within the and services, with about 80% sourced from statutory time periods—none, not one— Australian-based companies. numerous multiple overlapping claims, in one case of 18, on the one mining application Whilst I could go on and give other have severely hindered negotiations; nearly figures, the real point here is that this industry 2,000 mining title applications remained plays an absolutely critical role, and every queued in the right to negotiate process, with effort has to be made to ensure that its viability some held in abeyance for three years; and, in and continued growth is assured. Too many the case of Western Australia, only 158 jobs and too many lives are at stake. That voluntary agreements have been cleared for brings me precisely to this Bill. grant, resulting in 48 actual projects. This compares with between 600 and 800 mining I would challenge almost any member to leases granted each year in that State before claim that they totally understand the Bill. This the commencement of the Commonwealth piece of legislation is 150 pages long and is Act. That has gone from between 600 and one of the most complex that this House has 800 down to 158. ever had to consider. Yet, despite its length and complexity, one matter stands out like a All this is very troubling for any person beacon. This Government has seen fit to put who has any real interest in Australia's unnecessary impositions on the mining development. Some people criticise and industry. deride those who are keen on development. They are sometimes portrayed as not The Premier has attempted to make a interested in the environment or somehow virtue of the fact that he will impose a modified hold regressive or less than progressive views, right to negotiate process on mineral activity but those very people who are critical of taking place on non-exclusive tenures. He development are often the first to lament claims that the procedures mandated for such about the level of youth unemployment or the tenures in section 43A of the Commonwealth terrible conditions that many in our community legislation are "minimalist". Any reasonable face. I would suggest that there are a lot of person reading section 43A would regard the those in this House: on the one hand, they are procedures set out as being fulsome and critical of development and, on the other, they expansive. Perhaps having regard to the lament the level of youth unemployment and downturn in the mining industry and the risk of the terrible conditions that many in our unemployment facing many people in our community face. remote communities, some would say that the 2916 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 requirements set out in section 43A are test has been strengthened and the process themselves an overkill. has been streamlined. Nevertheless, the basic This is not an issue of trying to abrogate point Gary Johns made remains: there is still in or stamp on the legitimate rights and interests place a process, a special procedural right, of our indigenous citizens—far from it. All given exclusively to one race, which is used in honourable members would recognise that the a predatory sense mostly against one industry; bulk of our indigenous citizens live in the very namely, the mining industry. For the benefit of remote localities that are in need of the wealth honourable members, I return briefly to Bill and services that are produced by the mining Hayden. He also made the following industry. These people are calling out observations— for—even demanding—the right to be able to "The tragedy of failure to rectify these take part in the wealth generation that the shortcomings will cause major national mining industry brings to remote localities. It economic detriment. I doubt that many must be appreciated and recognised that the Australians realise that Australia's Native Title Act is but one of a number of comparative advantages as a venue for statutes designed to protect and enhance large scale investment in mineral Aboriginal culture and environmental heritage development projects is apparently facing issues. stiffer competitions around the globe. It is not as if there are no other pieces of For instance London based Conzinc legislation of both a State and Federal nature, Rio Tinto, owners of CRA which in turn not to mention local authorities' by-laws, that presently owns CZL, is rationalising its are designed to protect Aboriginal cultural world operations, notably it seems in artefacts and advance Aboriginal culture. The Australia, and is moving investment out of fact is that the Native Title Act has been used pockets which are less attractive in some by certain Aboriginal groups as a tool to extract countries (like Australia) and putting the money and minerals from mining companies. funds into more prospectively rewarding In this context, one has only to remember the development elsewhere. farce that was the Century Zinc right to Now, there are a number of obvious negotiate process to appreciate that. None adverse consequences for Australia other than Bill Hayden, who led the negotiating should this become a trend, as some with team, said of the Native Title Act in an open a familiarity with mineral development letter, a copy of which was sent to the suggest to me it will. In any event, delays Premier— associated with approval processes "... the opportunities the legislation offers related to getting mineral development for outside manipulation of processes and projects started up add great costs to for the adoption of measures which come projects. perilously close at times to being In some cases I expect these can extortion." become unacceptable. The costs of Gary Johns, a former Federal Labor member responding to the CZL draft agreement for Petrie, said in an article written for the alone exceeded $10 million for CZL, I am Courier-Mail this year— advised, and the costs borne by the Queensland Government, while no doubt "The reality of the right to negotiate is less, would be also of a very high order." that, in conjunction with an easy test for registration, with the flimsiest of evidence In a nutshell, that is the problem that the claimants can extract from miners rent in Opposition has with this Bill. Under the the form of royalties, jobs and training amended Federal Native Title Act, the States from what would otherwise be for them are given the opportunity to enact alternative unproductive land. provisions to cover most mining activity on non-exclusive tenure land. That right is set out, This Robin Hood mentality shows the as I said previously, in section 43A. That flaw in Labor's thinking. Why should section contains a number of requirements special rights attach to a title held by one that have to be met with the State legislation, race be used essentially against one yet despite this the Premier and this industry?" Government are intent on adding extra cost This really is the heart of the problem, because and procedural burdens to mining companies the revised Federal Act has tightened up the by refusing to adopt the section 43A right to negotiate process. For that, all people approach. of commonsense and goodwill will be pleased. The Premier says that the requirements As part of the 10-point plan, the registration enumerated in section 43A are minimalist and 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2917 this Bill rectifies that by adding some of the way that allows us to arrive at a workable revised right to negotiate requirements in solution. Out of all the noise, the red herrings section 43 which, as I said, were only intended and political mileage that has been made on to apply under State legislation to unallocated this issue, we have here before us a Bill that is State land. One would have thought that the realistic in its approach and sensible in how it warnings of the Bill Haydens and Gary works. It is fair, and I believe that it will give Johnses of the world—they were both Federal results. I probably have no need to remind Labor heavyweights—would have alerted this anybody that the legislation on which we Labor Government to the folly and danger of decide still has to go through the Senate imposing unnecessary negotiating burdens on process. Let me tell members that, if there is our mining industry. It has absolutely ignored any prospect of this Queensland legislation not them. making it through the Senate, then I would It is not as if the Opposition is assuming guarantee that the version being pushed by that the revised section 43A approach will members opposite would not even make it to harm the mining industry. That fact is made the front door. absolutely clear by the Queensland Mining There has been a lot of nonsense spoken Council. In a press release of 30 October, the about native title. For example, at one stage council states that this Bill threatens future the Leader of the Opposition was claiming that investment projects and jobs or, as the backyards in places such as Mount Isa and Government elected with 37% of the vote Charters Towers were going to be subject to says—jobs, jobs, jobs. It says that it will impose successful native title claims. That was a major disincentive to Government. It says absolute nonsense, and he knew that at the that it will set Queensland at a disadvantage to time. Unfortunately, that is the sort of rubbish the rest of Australia and the world. Those are and nonsense that has been spread around powerful words and they carry with them a very this State on the issue of native title. That is powerful reason why this Bill should not be why we have to demonstrate—and, indeed, passed in its current form. If this Government are demonstrating here tonight—that fair is really interested in jobs, especially jobs for process can be achieved without resorting to young Queenslanders and those in remote scare tactics and political hoo-ha. and rural areas, it should admit that this Bill is I believe that this Bill is workable. It flawed and ensure that the extra burdens includes input from all the relevant parties and imposed under the modified section 43A the stakeholders. I am not saying that process are removed. everybody is over the moon about this. I If this Bill is passed in its current form, it believe that the parties probably feel that they will put our mining industry at a severe have had to give a bit of ground. But what has disadvantage. It will retard economic been achieved is workable and offers the best development and act as a brake on job all-round mechanism to bring about certainty creation. The Premier should heed the warning and security for all parties. I have to given by the Mining Council and put politics congratulate the Premier on the massive and acting aside for once and act decisively to amount of work and consideration that he has advance Queensland's interests by amending personally put into achieving this position. The the legislation. Unless and until the Bill is Bill that is before members tonight is the result amended, it cannot be supported, because it of significant and real consultation between all is a job-destroying exercise that will harm the the relevant parties. This cannot be denied. I mining industry and do nothing whatsoever to believe that it has resulted in a piece of help the indigenous community. legislation that will establish Queensland as a true leader in its approach. Hon. T. McGRADY (Mount Isa—ALP) (Minister for Mines and Energy and Minister Members would recall that the Native Title Assisting the Deputy Premier on Regional (Queensland) State Provisions Act 1998 Development) (10.30 p.m.): There has been a commenced on 30 September, the same day lot of discussion over many years about the as the Commonwealth amendments merits or otherwise of the native title commenced. Thus the first stage of the legislation. Members of the former Government's amending native title legislation Government—and we have been listening to has, as soon as possible, removed their speeches tonight—had two and a half uncertainties that have concerned the mining years in which to try to resolve an issue; but industry. This current Bill, introduced by the quite honestly, they failed. Premier on 21 October this year, is the second stage of Queensland's amending native title The issue of native title is one that we legislation. This legislation will amend the must address, and it must be addressed in a Mineral Resources Act 1989 for native title 2918 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 purposes. The Bill provides separate been wrought with claims and counterclaims. procedures for applications for prospecting, Members tonight have referred to Bill Hayden, low-impact exploration, high-impact exploration Gary Johns and other people. I suppose that , mining on non-exclusive pastoral leases and both sides of the argument could quote what mining on unallocated State land. The different people have said. The bottom line is procedural rights of native title holders increase that the Beattie Labor Government has according to the impact of the activity brought into the Queensland Parliament proposed and the type of land involved. The legislation which probably suits neither side, purpose of these amendments is to integrate but I believe that in itself indicates that it is fair native title processes with the existing legislation. As somebody who certainly has the processes of the Mineral Resources Act 1989, interests of the mining industry at heart, I urge which I mentioned a few moments ago, to all members of this Parliament to support this streamline procedures as much as possible. legislation. This Bill establishes clear and fair Mr SPRINGBORG (Warwick—NPA) processes for allowing mining companies to (10.37 p.m.): The Opposition Leader has explore and utilise mineral resources while highlighted today the extraordinary distortion of recognising and preserving the rights of native this native title debate by the Australian Labor title claimants and, indeed, holders. These Party as it lets pure emotion drive its agenda. issues must be accommodated, because the He made that point particularly in relation to bare procedural rights provided in the the incredible distortions of land law that have amended Commonwealth native title emerged in the Labor position. Labor is legislation are simply not sufficient. There must attempting to transform what are obviously be meaningful consultation and transparent going to be some pretty slight coexisting native procedures for all the parties involved to title rights into a thing that, statutorially, has assess the mining project adequately and, absolutely extraordinary authority— indeed, fairly. I believe that the time frame set discriminatory authority; authority on a scale out in the Bill allows all the parties to resolve never enjoyed by the holder of any other their concerns rather than engage in tenure in this country's history; authority way in expensive litigation. This Bill provides initiatives excess of any set of rights that have ever for negotiated outcomes and positive results. attached in this country, even at the level of We are moving as quickly as possible to bring freehold, which members opposite—because certainty and practicality back to the issue of they are so often the occupiers of quarter-acre mining tenures. I believe that this Bill will allow freehold blocks—are almost obscenely keen to us to achieve them. see totally exempt from native title. As the Much has been said tonight and today Opposition Leader has said, what we are about the importance of the mining industry in seeing from members opposite is a very this State. In all humility, I would say that there subjective mishmashing of the land law of this would not be many more people in this State in a manner that is going to make the Parliament who understand that better than I task of fair and just land management in this do. I represent an area of great mining activity. State an impossibility. We have had mining in the north-west for well I want to pick up on that theme of the over 100 years. I believe that, as a result of Opposition Leader and take it in a different the initiatives set in place by the Goss Labor direction, because these distortions of the Government through the Carpentaria/Mount Labor Party have many impacts. I believe that Isa Mineral Province, mining will continue to a key issue is that what we are really doing—or expand in that area. That is why I have what we really ought to be doing—in relation to certainly taken a great deal of interest in this the recognition of native title is not to try to legislation. I understand as well as anybody expand it to suit the emotional needs of that there are conflicting points of view, but we members opposite. What we have to be had to, as a Government, try to satisfy the doing, as responsible legislators, is to try to needs of all players. I believe that, due to the deliver to this country, including to Aborigines, leadership of the Premier and the team he a land management system that is fair to all had around him, to a great extent this has and which, above all, delivers outcomes to been achieved. people—to black and to white taxpayers with Everybody in this State will not be happy an interest in land, shared or otherwise. That is with this legislation. However, I certainly believe what this debate should be about. What we that all fair-minded people in the State of should be doing is recognising the existence of Queensland tonight—or tomorrow when this native title as a new ingredient in our land legislation goes through—will acknowledge management systems and incorporating it in a that it has been a very difficult decision. It has way that is fair and just. And we cannot go 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2919 about that in the way in which members Michael Lavarch. It was done in just about the opposite want to go about it in this Bill, that is, most tortured statement imaginable. I have it to selectively and subjectively retain only those here, but I will not read it because trying to elements of land law which enable it to expand understand it would just about send every native title into something that it is not. member in this House blind. I seek leave to That is a hard enough task, even when table that statement. we work from the basis of an inclusive, rather Leave granted. than an exclusive, approach. It becomes a virtually impossible task when members Mr SPRINGBORG: The land law of this opposite are determined to reinforce some of country was fundamentally torn asunder by the the most clearly unworkable and unjust Labor Party even as it sought the grounds to distortions that were in the original Native Title further render it via the establishment of the Act. The logical starting point is the right to discriminatory right to negotiate. The fact is negotiate in the original Act. In the context of that, throughout our recorded history, minerals the current debate, it must be remembered in this country have been regarded as the that that right was a statutory right. Labor now property of the Crown. They have been tries to suggest that the particular form of exploited at the pleasure of the Crown. Even engaging native title into land freeholders in this State have had limited rights management—as established in the original when the Crown has determined that it wants Keating legislation—is somehow holy writ, that to issue a mining lease for the exploitation of it brooks no change. minerals. However, under the Keating right to negotiate, there was a massive expansion of In fact, the statutory provision of a unique those rights for Aborigines—for just one sector right to negotiate was an early bid by the of the community. That is where the issues of Labor Party to establish native title as a pre- natural justice and fairness come in, even in eminent right to land in line with the Left Wing relation to the right to negotiate for mining on views of the likes of Senator Bolkus and of vacant crown land, let alone on pastoral land. John Woodley from the Democrats that Aborigines are the only true land-holders in this In relation to mining on vacant Crown country and that pastoralists are the tenants. land, which was then categorised as land that Of course, that view, which is alive in this Bill, had never been previously dealt with, Labor simply undermines the entire system of land assumed that Aborigines could be the only management in this country. It makes a people who had an interest other than the rational, workable wedding of native title to Crown and that their native title could, land management a virtual impossibility. The therefore, at least possibly extend to the right to negotiate as developed in 1993 was equivalent of freehold. According to Labor, an extraordinary and highly discriminatory they therefore deserved to be treated as the extension of the rights that attach to interests holders of freehold. Of course, the substance in land in this country to just one type of land- of the right to negotiate belies that. As I have holder. No other land-holder in this State has said, it was a set of rights quite vastly in excess ever had the degree of influence over matters of anything that any freeholder in this State affecting their land that has been attributed has ever had access to in relation to mining or now to Aborigines by the Australian Labor any other impact on their land. That created a Party. massive barrier to the re-establishment of a valid, viable, land management system in this It is a little recognised fact now, because State that sensibly and fairly took into account of the myths that surround this issue—myths native title. The distortion was too vast. that have been built up so rapidly by the Labor Party—that even the decision to make mining What is now proposed is a distortion subject to a right to negotiate by making such heaped upon the distortion. When one tenures subject to native title was a political considers what the High Court actually said in policy decision. Even before getting to the the Wik judgment—rather than what members discrimination in relation to the right to opposite wish the High Court said in the Wik negotiate processes themselves, there was a judgment—one realises that there is simply a massive discrimination in relation to what was further undermining of the credibility of the then held to be the authority of a mining lease. right to negotiate. In Wik, the High Court said In fact, Labor was initially of the view that that every pastoral lease in this State is subject mining leases extinguished native title. The to coexisting native title. That is another myth. announcement of the policy reversal was The High Court said that pastoral leases did made by Paul Keating's then Attorney-General not necessarily extinguish all elements of and current native title adviser to the minority native title. It said that where potentially Beattie Labor Government of Queensland, surviving native title rights coexisted with those 2920 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 of a pastoralist, the pastoralist's rights It is certainly true that the interests of prevailed. As has been pointed out elsewhere, native title are far less clear than are those of that was simply the logical extension of one of pastoralists. The content of native title is the fundamentals of Australian law, that is, obviously in evolution in relation to land law, that statutory rights are more powerful than but it is evolving and every scheme that has common law rights. That made the unique been put forward in this country for dealing application of a set of rights, such as the right with it recognises and accepts that the to negotiate, to Aborigines even more interests are different from those of the outrageous than it was at the time of the pastoralist and has provided mechanisms for original distortion in the Keating Act. ensuring that those differences are The proposition for the retention of those recognised. Our system of law provides that, special rights for Aborigines then had to fly in where those rights are to be impinged upon, the face not only of the inequality of the there is a requirement—as there is for all original decision but also of the relative dealings by Government—of just-terms authority of tenures as established in Wik. For compensation. The authority for that is the members opposite, the proposition had to be Constitution. Any other option that divides off that, notwithstanding a decision that said very from one of basic equality before the law is clearly that the rights of pastoralists were destined to generate massive problems. stronger than the rights of the Aborigines who I note that members opposite, and might hold coexisting title, we would give to certainly their colleagues in the Senate, from Aborigines rights in relation to mining on their time to time are very free in using selected land that are massively in excess of what the quotes from Sir Gerard Brennan, who wrote pastoralist enjoys. The pastoralist has been the lead judgment in Mabo, when they demonstrated to have the stronger title, but will perceive that it might help their case. The retain only the procedural rights that he or she following quote from Sir Gerard, when he was has always had. The Aborigine, who has rights Chief Justice, is from his Wik decision. I will that the High Court has declared are subject to quote it in full to avoid the distortions that the rights granted to the pastoralist, will, members opposite typically make when they however, have far greater rights than the selectively quote this former High Court judge pastoralist in relation to mining on land in and, indeed, former High Court Chief Justice. It which they may hold a coexisting interest. is from a passage in which Sir Gerard, with two That is a ridiculous foundation for a valid of his most senior colleagues agreeing, gave land management system in this State. It is an the minority view of the court that pastoral impossible foundation for decent land law, for leases were grants of exclusive possession decent land administration, and for decent which did extinguish all native title. However, I land management in this State. It is a point out to members opposite that, in relation distortion that simply leads to totally unjust, to the path upon which they have embarked, unfair outcomes and which simply compounds the sting is in the tail where Sir Gerard talks right down the line. We cannot develop a valid about the impacts of undermining basic tenets land management system when one of the of existing land law in this country. At page 28 foundation elements has been so of his finding he states—and I believe that it comprehensively undermined. The only proper not only makes very interesting reading for all foundation is one in which there is procedural members of this Parliament but also certainly fairness—natural justice—for all who have an very interesting listening— interest in land equally before the law. The obvious template for that is the one that has "If it were right to regard Crown existed in this State for a very long time, that leaseholds not as estates held of the is, a solid set of procedural rights that does not Crown but merely as a bundle of statutory disturb the ability of the Crown to manage land rights conferred on the lessee, it would be in a timely and decent manner in the interests equally correct to treat a grant in fee of all Queenslanders with just-terms simple not as the grant of a freehold compensation for the impact on titleholders. Of estate held of the Crown but merely as a course, that does not mean that the larger bundle of statutory rights. If the particularities of native title interest in land—as grant of a pastoral lease conferred merely opposed to the particularities of the pastoral a bundle of statutory rights exerciseable interests in land—somehow will not be properly by the lessee over land subject to native catered for if they are dealt with in a parallel, title in which the Crown (on the hypothesis equal process. Of course, that is nonsense: advanced) had only the radical title, the they can be and they will be under the rights of the lessee would be ... rights in coalition's plan. another's property." 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2921

Sir Gerard Brennan used the legal term, but it because such outcomes are, effectively, extended to rights in another's property. He specifically excluded. That is the most obvious stated further— of the shortcomings of the course we are on. "... and if leases were of that character, We do not know how much worse it is going to an estate in fee simple would be no get. different. Then in whom would the As other speakers have indicated, this Bill underlying residual or common law title is silent on the right to negotiate and subsist? Presumably, in the holders of infrastructure. If anything, if the application of a native title. But such a theory is right to negotiate of the style Labor in this inconsistent with the fundamental place wants to impose on mining on pastoral doctrines of the common law. And it land is extended by what passes for logic would equate native title with an estate in among members opposite to infrastructure, fee simple which, ex hypothesis, it is not. then we will see massive distortions of the land To regard interests derived from the management system in that arena, too. Crown as a mere bundle of statutory Members opposite might like to bear in mind rights would be to abandon the whole that that will bring the issue to the fore among foundation of land law applicable to many more people than the selective hit that Crown grants." this legislation delivers on pastoralists and By that, quite simply the Chief Justice was miners, because we will be talking about giving saying that if one goes down this particular these unique rights with their intrinsic ability to track, one overturns all the fundamental tenets delay—and as Bill Hayden has implied, to and understanding of land law in this country extort—in relation to projects that provide as we have known it, and where does it stop services such as power, gas and water to ultimately? I think that has been a communities in this State, including Brisbane. I fundamental concern of the Opposition for a believe that when a couple of projects do not long time. get through in the nick of time, as the south- west gas pipeline just did, because we have The High Court brought down a decision given distortional, special, discriminatory rights which was, as the Chief Justice forewarned, to one group of people in this community— inconsistent with the fundamental doctrines of rights that are denied to others—then the the common law and which, at least as whole house of cards is going to come down significantly in the view of the nation's then around the ears of the Government and the pre-eminent jurist, abandoned, and I quote ears of the State. We have to get back to the again the final phrase, "the whole foundation basics, because the problem will be no longer of land law applicable to Crown grants." isolated in the rural areas of this State, a good The land law system of this country was distance away from the Government members' undermined by the decision of the slightest back porches; it will be at the very back doors majority in the Wik case. That undermining has of all Queenslanders. been complicated massively by the Bill now We now know via Wik most recently and, before this Parliament whereby the distortion of course, via Mabo, that there is a new of treating native title erroneously, as Sir ingredient in land management in this country. Gerard says, as a freehold estate, is expanded In the end, a system of land management that even way beyond freehold. No freeholder has works and works fairly has to emerge from this ever had rights anywhere near approximating process—one that gives appropriate those that this Bill provides Aborigines in procedural rights to people who have an relation to the right to negotiate on land where interest in land whatever their colour and there is a shared interest. background and gives Governments and That will make land administration in this bureaucrats a system that delivers outcomes State an absolute nightmare. As has been to clients and to taxpayers. That is the bottom pointed out by numerous members who line, or ought to be the bottom line in this contributed to this debate, it will breed a great debate—a workable and fair land deal of resentment across the State. Already, management system that takes into account we have seen that emerge. If this Bill is what can only be, in the final analysis, passed by this House, there will be two sets of relatively slight coexisting or surviving native land laws in the State: a set of land laws title rights. based on native title and a set of land laws In conclusion, a lot of things continue to based on all other titles. We will have an concern many people in Queensland about absolutely dysfunctional system; we will have native title. When we had the Mabo judgment, an absolutely unjust system. It simply will not a lot of people thought that it was a minimalist be able to deliver fair and just outcomes to all, approach. Then we had the Wik judgment, 2922 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998 which broadened further native title rights. A lot There are many kinds of agreements. For of other things continue to concern people all its flaws, the current Federal Government's about the further expansion of native title both Native Title Act at least recognises the principle in a common law and in a statutory sense. of negotiated agreements. These can have Ms NELSON-CARR (Mundingburra—ALP) many forms, including indigenous land use (10.57 p.m.): The Premier in his second- agreements which are known as ILUAs. ILUAs reading speech on this Bill and an earlier can help to map out the agreed process for speaker in this debate have referred to the determinations of native title and future need to learn from the mistakes of the past so activities or acts associated with mining that we do not repeat them. This principle is development proposals. ILUAs can be particularly true in regard to the need to learn registered with the Federal Court and be about the direct and indirect costs of the binding on all parties. litigation that has arisen from attempts to The Government's approach on this come to terms with native title. matter can be summed up very precisely: The first major event of the native title facilitate, do not frustrate. I am very pleased by debate in Australia arose from a court case: the Premier's assurance that the Government the famous Mabo decision of 1992. Since will provide practical assistance to promote the then, we have had other significant legal securing of agreements. The Premier advises milestones, including the Wik decision of 1996. me that he has set up a special unit in his These legal actions were critical in establishing department known as Native Title Services. the legal fact of native title. Unfortunately, the This new unit offers three types of service: a fact that they arose from legal action has negotiation unit, an historical and inspired too many of the players in the native anthropological unit, and a communications title area to believe that legal action is the only unit. I am advised that the negotiation unit will way by which to resolve these issues. actively help parties in discussions about the impact of mining or other developments on I refer to a point made by the Premier in native title to resolve their issues amicably and his second-reading speech on this Bill. He quickly, avoiding the need for costly court stated— action. There are already precedents "In relation to questions of native illustrating how this has worked successfully. title, the previous Government had a short-sighted determination to fight Members of the House will recall indigenous interests every inch of the references in the press a few weeks ago to the way, no matter what the issue, no matter agreement reached by a pastoralist family and what the cost to the mining industry or the Western Yulanji people in an area north- taxpayers of the State in terms of jobs or west of Cairns. This long-running issue was a bottomless pit of lawyers' fees for eventually resolved through the goodwill of the litigation." people concerned and the active involvement of negotiators from Native Title Services. It is In other words, there are many kinds of costs well known that the previous State for those who choose litigation first, last and Government was incapable of resolving this foremost. matter, because it refused to talk to the parties Native title parties, industry associations involved or to help them come to an amicable and mining companies have spent literally settlement. I understand that the millions of dollars in trying to accommodate or, Government's negotiators are also involved in more accurately, trying to fight native title. many other discussions that will be Enough is enough. A great deal of that money successfully resolved. was taxpayers' money, and I guarantee that As I said, the Bill before the House is the people of my electorate would much rather structured around parties finding agreement. have that money spent more productively on There are clear procedural guidelines for how facilities and services for the community at to reach agreement, incentives for trying to large than on lawyers' fees and court costs, reach agreement and disincentives for parties particularly when nothing appears to have who try to frustrate agreements. been solved. The system established by the legislation now before the House places its For exploration, the Bill requires the emphasis on negotiated agreements between mining company to at least consult with the mining companies and native title bodies. In native title parties over a period of two months doing so, the legislation reflects the firm view to reach agreement about minimising the of everyone in the Government that litigation impact on native title. For mining development, ought to be the last resort, not the first or only the Bill requires the parties to at least consult resort. and negotiate with the intent to reach 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2923 agreement. This is merely underlining how uncertainty and fear and further divided our civilised and sensible people ought to behave. community into indigenous and non- I do not understand the Opposition's rejection indigenous groups. Yet this wonderful piece of of this idea. At the end of the day, the legislation was the result of the efforts of Mr Government is also realistic enough to Keating and the Labor Party, and was understand that not all matters will be capable completed by Mr Howard and the of being resolved by agreement among the Liberal/National coalition. Those are the same parties. There will need to be a strong people who, on the one hand, are so quick to jurisdictional body that is able to make point the finger and call names while, on the decisions or determinations in the interests of other hand, they create division at every turn. the parties and in the broader interests of the One of the One Nation founding State. The Premier assures me that legislation philosophies is equality for all. We have always to establish such a body is well advanced. pursued the removal of racial divisions within I am pleased that the Bill recognises the Australian society and the end of all race- importance of negotiation in reaching based policies of Government. We have been agreements. For reasons entirely beyond me, the only party to have the guts to speak out the Opposition seems to be against the very against the absurdity of native title. idea of negotiation. It will try to amend the Bill to strike out the emphasis on negotiation. I am quite sure that anyone with enough Opposition members should think again. All intelligence would clearly understand the their approach would achieve would be more devastation to Australia that native title has unnecessary cost, more division and more only begun to cause. However, the delay. The approach of the Opposition Commonwealth Government's increasing reminds me of the old saying: those who do control over State matters and powers means not know the past are condemned to repeat it. that there is little that we can do. We cannot change many of the ambiguities of the Mr BLACK (Whitsunday—ONP) Commonwealth Native Title Act. The (11.02 p.m.): Native title is an issue of requirements to become a native title claimant paramount importance to Australia today. This seem quite shallow. One only has to have an issue has resulted in heartache, uncertainty association with the land to be a claimant. and fear and, in its most basic form, it makes Industry must consult or negotiate with native no sense. Once again it illustrates the stupidity title claimants—not only determined native title or cunningness of some of the supposed holders but also claimants. Once again we see leaders of the country. How many times have one particular race being treated differently we seen gutless politicians swaying in from another. whatever direction gives them the most votes, causing widespread fear, upset or suffering The Native Title (Queensland) State within our community? For too long in this Provisions Amendment Bill, which the Premier country we have let the crying of the do- introduced into the House in the last sitting of gooders and the civil libertarians direct our Parliament, attempts to reduce the impact of path. For too long, through international native title on industry to some degree, but it agreements and treaties, the leaders of other still leaves provisions of hindrance to industry. nations have had a say in the rights and Of course, if we had the power to do so, we freedoms in our own country. We have let the would extend the removal of the right to guilt-ridden minority attempt to make negotiate provisions from all industry activity, themselves feel better by trying to push the reduce the rights of native title claimants as rest of us into feeling guilty and apologetic. defined in the Commonwealth Native Title Act to nothing and reduce the rights of native title Especially of late, in our society cries of holders to the same as that of other racial equality have rung repetitively and landowners or lessees. loudly. Everyone from the Lord Mayor to the Prime Minister is speaking of tolerance and an Unfortunately, through a lack of good end to division, and for years every media Government, we are left with a native title outlet in the country has preached anti-racism. mess that extends beyond the boundaries of Many members of this House have done the the ridiculous. Although we are not able to same, yet today we find ourselves debating repeal the native title legislation through the the Queensland provisions for native title in the workings of this Parliament, at every turn we mining industry. We are debating provisions, will attempt to even it up. We will look at all which are allowable by Commonwealth native title issues with the interests of legislation, that are aimed specifically at one Queensland and Australia at heart and we will race only. That legislation has ground industry attempt to make changes wherever necessary to a halt, cost jobs, created immense to pursue equality and a fair go for all. 2924 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

Mr KNUTH (Burdekin—ONP) (11.07 p.m.): An article in the West Australian newspaper I will address some quotes from the ALP from from 27 February 1974 stated— 1973 to 1975. An article from the West "Canberra: the Federal Government Australian of 23 October 1973 states— had bungled Aboriginal policy, the "Federal Government social service Minister for Aboriginal Affairs, Senator benefits were dislocating Aboriginal family Cavanagh, said yesterday. Senator and tribal life in some areas, the Minister Cavanagh said the policy had altered the for Social Security, Mr Hayden, said 'whole character of the Australian today. individual' and created areas of hatred. The payments had caused a severe ... cultural jolt to Aborigines. He said, 'It has 'Labor's implementation of its policy reached the point where I am greatly in Aboriginal Affairs has been one of concerned.' disaster,' he told the National Press Club." Mr Hayden was replying to Mr Finally, I agree with a Labor Minister—most Bennett (Lab., W.A.) who said in the Labor policies are a disaster. The article House of Representatives that press continued— reports had alleged that Aborigines in " 'We still don't know what is best for W.A. were spending their money on taxis, Aborigines." liquor and in other ways rather than on family welfare. Later, the Prime Minister, Mr Whitlam, disagreed with Senator Cavanagh's claim. Earlier this year, the Federal Government decided to pay all normal The article continued— social security benefits to Aborigines. "Senator Cavanagh said the disaster These include child endowment, widows' had culminated in yesterday's suspension pensions and unemployment benefits. of the Aboriginal public servant Charles Mr Hayden said it was clear that Perkins on a charge of improper conduct." there would be problems if the Aborigines That is not hard for a racist activist such as were directed to spend their social security Charlie Perkins. The article went on— benefits in the same way as other "He said that when Labor came to people." power in December, 1972, it had an Mr REEVES: I rise to a point of order. I 'enthusiastic Minister'—Mr Bryant—and an am questioning the relevance of this to the Bill enthusiastic department. before the House. They had tried to implement Labor's Mr DEPUTY SPEAKER (Mr Mickel): policy of helping Aborigines within the first Order! There is no point of order. month of Government. Mr KNUTH: The man must have been a 'This has resulted in many actions prophet. However, problems were developing that would not have been taken had we in Aboriginal communities, especially in those sat down and reasoned it out more in remote areas of Western Australia. He thoroughly,' he said." said— That is a lesson to be learned by the Beattie "I am sure this is not the only part of Government. The article continues— Australia in which Aborigines are living "It resulted in the allocation of money under similar conditions." more quickly than we could afford to go Mr Hayden said that he had been sceptical through the normal channels of the public about such reports earlier this year, but he now service and those channels required by conceded that a problem existed. It was the regulations for the expenditure. It was worrying many people, including all done in a spirit of enthusiasm, a spirit anthropologists and sociologists. He said— of intention, to try to assist those who were thought to have been so long "The tendency of the people oppressed by the white community." receiving the money is to move away from It sounds so familiar. The article continues— family and tribal links for a number of reasons. l will not enumerate the reasons "Senator Cavanagh said that the or the symptoms of what happens, Government had doubled expenditure on because there is a tendency for these to Aboriginal Affairs to $117 million." be exaggerated and dramatised for public Native title will cost billions in the long term. effect." The article goes on— 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2925

"It is only now that we are finding that National Aboriginal Consultative cash is not the solution to the Committee." preservation of the life of Aborigines and An article in the West Australian of 24 July the uplifting of the Aboriginal people,' he 1975 stated— said." "There is unlikely to be an attempt to Labor does not learn from its mistakes. The remove or restrict Aboriginal drinking rights article continues— in W.A. "He said the policy had a big effect The Minister for Police, Mr O'Connor, on public servants in the Aboriginal Affairs and the Minister for Community Welfare, Department—'possibly affecting them Mr Baxter, who had both opposed the physically and mentally.' granting of rights, said yesterday that it ... would be difficult or impossible to remove Labor's implementation of its policy the rights now. But Mr O'Connor believes had developed a section in the that their removal would be desirable. community who could see a career in Aborigines in the south-west were championing the cause of the oppressed. given drinking rights by the Brand Liberal 'To raise themselves up in prestige Government in 1964. They were they must have an oppressed section and extended by the same Government to must have oppressors,' he said. Aborigines in the north-west in 1966. In 1971, the Tonkin Labor Government 'If the oppressors cannot be easily extended the rights to Aborigines in the found and identified, they are eastern goldfields and Kimberleys. manufactured." Mr O'Connor, who recently toured the Here we have a Labor Senator admitting that north-west, said yesterday that 90 per they have manufactured racial oppression. cent of the trouble the police had to deal The article continues— with in the north was directly linked to "Senator Cavanagh said that the Aboriginal drinking. He said yesterday: 'It Government was determined to develop was all very well to grant the rights, but it consciousness and understanding of has damaged Aboriginal communities.' " Aboriginal culture. I have said the same, and been called a 'It is my determination and it is the redneck racist who would like to deprive determination of most of the department,' Aboriginals of their liberties. The article he said. continues— 'We must be ruthless and ride "I spoke to Aboriginal elders and they roughshod over those who would seek to agreed with me. The damage has been stop us from this ambition that we hope to done.' achieve in Aboriginal Affairs.' He hoped that the recently appointed Senator Cavanagh said the police aides in the north would help to Government must get Aborigines involved overcome the problem." in their own management and in their own finances." To this day it has not. The article continues— Another disaster! The article goes on— "Mr Baxter said the stage had been reached where Aboriginal drinking rights "He said that the Government did not could not be taken away. want to divide Aborigines into urban and non-urban Aborigines. The former Minister for Community Welfare, Mr W. F. Willesee, said 'But I think that the solution must be yesterday he had thousands of regrets different in different areas,' he said. since he extended drinking rights to all 'I don't think the problems are the Aborigines in W.A. from July 1, 1971. same when they are city and when they But he would do the same thing are tribal Aborigines.' today if faced with the decision. It was Senator Cavanagh said that many inevitable after the 1967 referendum tribes were mixed in urban black society. granted equality for Aborigines." They were not recognised as a single Here we are more than 25 years later and tribe. we still have all the problems of alcoholism in Careerist Aborigines among urban the Aboriginal community. The Minister for black were causing difficulties in the Aboriginal Affairs commented on this in the 2926 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

House today. A week ago, Murrandoo Yanner expensive token gestures in a vain attempt to admitted that his people are committing appeal to the heart-on-the-sleeve offences against their women and families that consciences—consciences that in many cases are so brutal that it is indescribable. have been manipulated by the distortions of Mr DEPUTY SPEAKER (Mr Mickel): truth in hysterical journalistic reporting. Order! I ask the member for Burdekin to In his second-reading speech the Premier address the native title legislation before the mentions jobs. He talks about telling the truth House. to the electorate, and yet he fails to tell the Mr KNUTH: I am getting to that. public about the real consequences to the Murrandoo Yanner agreed that alcohol was State of native title. He fails to tell the public the problem. He stated that these offenders, about the enormous amount of power that once put to work on a property free of alcohol, native title legislation gives indigenous people. undergo such a change that we would not He fails to tell the people of Queensland just believe it is the same person. It is incredible how much power his Bill unnecessarily gives that when I commented on the same system it native title parties. Yes, native title holders was twisted around by journalists and I was should be given the right to consult and be called a racist. consulted as to mining applicants' activity on any land which they own or on which native We are now about to make a decision in title coexists. relation to native title. Will we be able to look back in 25 years and be proud of ourselves What should not happen is that native and say to each other that we all made the title holders be given any more rights than right decision? Have we made the indigenous other Australians. It is criminal that native title people of Australia happy? Are they now as interests have been given so much already, contented as they were before the white man and yet they are still not happy. It is even more came to this country? I can assure you, Mr criminal that the Labor Party continues to hand Deputy Speaker, that they will not be because, out even more rights, as the Premier has done as has happened in the past, indigenous in this case. people have already started tribal fighting over In his second-reading speech, the land claims. They are fighting, just as our early Premier spent some time discussing the need explorers found them fighting 100 years for certainty with regard to native title. He earlier. Anyone who has read Cape York—The believes that this Bill "provides certainty" and Wild Frontier will know that the pioneer Frank that it "provides a balanced, practical and Jardine had an entire Aboriginal tribe camped workable approach". I ask: a balanced, at the northern port town of Somerset. This practical and workable approach to whom? tribe camped next to the town because a Saying that this Bill is balanced is about as stronger tribe laid claim to their hunting realistic as saying that a level playing field grounds and threatened them with extinction. exists. That it is practical and workable is just Eventually, when Somerset ceased to exist, as big a fallacy. In relation to certainty, the only the Aboriginals were massacred to the last thing that is certain from such a Bill is that the man, woman and child by the stronger native title interests will be served well. Aboriginal tribe. This is all historically Native title is an orchestrated land grab by documented. people who have only their own interests to If this native title legislation is passed, I will serve, and the Premier seems keen to play stand in this House 12 months from now and I this game. Even Western Australia and the will prove to the House that native title has not Northern Territory had enough sense to see worked and never will. Do we want to make the the damage that the right to negotiate same mistakes that the Federal Labor Party provisions caused and have legislated admitted it made over 25 years ago because accordingly. In his second-reading speech, the something that may seem to be the right thing Premier spends considerable time enlightening to do can cause a catastrophe to the very us with five realities which we must all people it was intended to help? recognise and accommodate. I would suggest Dr PRENZLER (Lockyer—ONP) that the last person who should be informing (11.18 p.m.): As I have mentioned once us of what is and is not reality should be the before in this House, One Nation's policy from Premier, a member of the same party who day one has been to provide certainty in created this mess in the first place and who relation to land rights for hardworking continually weakens to the grabs for more and Queenslanders. The main drive behind this more. policy has been to ensure equity for all Is native title realistically workable in any Queenslanders and not to undertake form within the Australian society and 10 Nov 1998 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 2927 economy? No, it is not! Yet the Premier seems We cannot do so in the Commonwealth to think that his Queensland provisions will be legislation, but we can for Queensland. If the workable—Queensland provisions which Labor Party has not got the sense or the guts further inhibit productive use of our resources to do so, then One Nation will. and further inhibit the mining industry, and Dr CLARK (Barron River—ALP) those things add to the unique qualities of this (11.24 p.m.): Native title legislation has, legislation and create further divisions within without doubt, been the most difficult that our own society. They are provisions which will Parliaments throughout Australia have had to cost Queenslanders more jobs. One Nation will grapple with. It has proved impossible to get never support legislation which gives native agreement from all of the stakeholders— title interests even greater power, especially Aborigines, miners and pastoralists—because power which other Australians do not have. the positions taken by each group have just One Nation is interested in what is best for been so far apart. Queensland is no Queensland. One Nation is interested in exception. Despite the fact that agreements equality, in job creation, in fairness, in have been possible in some providing certainty and about living in reality. circumstances—and here I am thinking of the Members of the Labor Party want to talk regional heads of agreement in Cape York—it about reality, so let us talk about reality. Let us has unfortunately not proved possible with have a look at the map of Queensland that respect to either Federal or this proposed the Department of Natural Resources has State native title legislation. made available and that shows native title Despite failing to reach agreement claim activity in the State of Queensland as at between stakeholders, doing nothing was not 30 September 1998. Looking at this map, one an option. Decisions were needed and the sees that more than half of Queensland has decisions that have been made have tried to been claimed. For example, there is the claim strike this balance between the competing by the Wakka Wakka people over land, water interests, as various speakers have referred to and air, including all national parks, tonight, and this is what the Bill before the conservation reserves, unallocated State lands House seeks to achieve. It is true that none of and timber reserves in the Burnett district. This the stakeholders have got all that they wanted, claim was made last month. but I believe there is a recognition that each This is a prime example of the greed of party has, in fact, got some elements of their the Aboriginal industry. The list of native title preferred position. rights and interests is long and, frankly, quite A view has been expressed tonight that absurd. Did traditional tribal custom include somehow the situation has gone all the way mining, farming or hunting for commercial for Aboriginal people and that the mining purposes? Yet in this claim alone such industry and pastoralists have been the ones activities are listed as native title interests and who have been totally ignored and rights possessed by traditional Aboriginal laws. disadvantaged by the proposed legislation. I That is reality. Reality is the proposed family think it is worth while putting on record some of fishing day at the Hinze Dam at the Gold the comments, for example, by Terry O'Shane, Coast that was cancelled recently due to an the ATSIC commissioner and chairman of the existing native title claim over the area and the inability of anyone to grant a permit for fishing Queensland Indigenous Working Group and a without negotiating with the native title person whom I respect and admire and whom claimants. I could go on and on with such I regard as a friend. A statement was put out examples of the effects of native title on by the working group and was reported in Queenslanders and on Queensland. The Land Rights Queensland. I would like to refer problems resulting from native title have just to those comments. The article says— begun. "The statement said while there was By forcing the mining industry to negotiate no question that if the legislation was with native title claimants, this Bill will only passed, Native Title rights would be exacerbate its problems. The Labor Party lessened, the right to have a meaningful seems intent on widening the divisions within say in development and the impact on our society. The true nature of the Labor Party homes, children and communities was not is seen clearly by this Bill. It is a divisive one totally removed. and one of a weak nature—a nature of deceit 'We will have a place at the and disrespect and a nature seemingly intent negotiation table alongside government, on destroying industry in this State. I believe the mining companies and developers, that reality has never been a part of the native albeit a somewhat reduced and title debate. It is time to introduce some reality. circumscribed place,' Mr O'Shane said. 2928 Native Title (Queensland) State Provisions Amendment Bill (No. 2) 10 Nov 1998

'We welcome this important feature should never have made it to be Premier of this Bill and acknowledge the of this State, because he never ever had Government for including it.' the ability. The fact that he did is a simple The statement said while the Bill reflection of voting circumstances. I don't reduced Native Title rights, it gave pay him any regard whatsoever, it's Queensland a modest but workable politics and cheap political point scoring." framework for dealing with mining project Those are his words, not mine. I think they do development and that would give more underscore the point that there has been a lot certainty and underpin the economic of scaremongering and a lot of outrageous development of the State. statements that have been made that really 'This Bill will reduce the prospect of do not help in this debate. litigation and provide a mechanism for the I will not go over the details of the Bill, resolution of disputes which hold up because I think many speakers have done projects,' the statement said." that tonight. I do not want to bore the House This statement is from a group of people who with that. I will touch on why I feel the feel that their particular rights have been stakeholders—Aboriginal people, mining reduced in a major way, and yet they are companies and pastoralists—are having such prepared to recognise that there are still problems coming to an agreement and why opportunities for them to be involved in the we as parties in this House have such difficulty negotiation process and they are putting with this issue. To my mind, it goes essentially forward a constructive interpretation of events to how we view the occupation of this land by as opposed to some of the statements from indigenous people, which goes back the pastoralists and the mining industry. conservatively 40,000 years. I think the difference here is that people such as me and In fact, the working group's final many others on this side of the House believe assessment of the proposed legislation will that having that kind of occupation for that depend very much on the shape of the length of time actually does then bring with it Queensland tribunal. I think it is worth some rights—that there actually is a difference mentioning that because this is going to be between a continuous occupation for 40,000 critical in the implementation of the legislation. years and a recent arrival, such as we have The working group has made it clear that it experienced on this continent. believes the tribunal will need to be independent and will need to be headed up by I am not saying that in order to take away a Supreme Court judge and operate with from the people who have made their living on District Court judges beneath that Supreme the land—I am talking now about since white Court judge. I support this concept settlement—and who have generations of wholeheartedly and I look forward to seeing contact with and a real commitment to the the further developments in relation to the land, but I am saying that I believe there is a form that this tribunal will take. very significant difference. I am happy to recognise that there are some rights that While the working group was not entirely attach to that—rights that have been happy with our Government's assessment of recognised by the courts. the situation, I would just like to share with members an assessment of Rob Borbidge's Mr Seeney: Because it does not cost you comments that were repeated here tonight in anything. regard to legalised extortion as being a Dr CLARK: It is not a question of costing description of the legislation. me anything. It is a question of recognising a Mr Borbidge: They were the lady's reality, and I am comfortable with recognising comments, not mine. that reality. There is also a question of history. Dr CLARK: The member opposite was The member for Tablelands said that he had very much endorsing them tonight, with studied history. I think it is important to respect. These are the comments from Terry recognise the points that he made tonight O'Shane in an interview. He said— about there being nobody here to have treaties with. "Rob Borbidge is just right out to the loony Right, they talk about the loony Mr Nelson: I said there was no Left, well he's the loony Right. He's out on Government. his own, out with the fairies. It's typical of Dr CLARK: I think the point the member his performance, that response. He's a made is that it was not possible to have man of no substance, and the comments treaties. It certainly was possible, and it could reveal the lack of depth to the man, who have happened. The point that really needs to 10 Nov 1998 Adjournment 2929 be made here is that if One Nation members who had had a joke. It is a longstanding are seriously and truly concerned about tradition in the Australian culture, which I stand equality—and I believe some are—and if they here and proudly defend, that whenever the really want to refute the accusations of racism going gets tough and whenever things get in this House, then they should be concerned hard, Australians have a bit of a joke. about equal outcomes, not equal treatment. Australians were known for their humour on They should be concerned about getting equal the Western Front in World War I. They were outcomes when it comes to life expectancy, known for their humour in New Guinea. child mortality, unemployment, health status Mr MICKEL: Mr Speaker, I rise to a point and housing conditions. The debate we should of order. The people of Logan would find it be having in this House is about outcomes. If absolutely offensive that this suburb is being they sincerely want to achieve these outcomes dumped on by—— for a fair, equitable society, then unequal treatment, and by that affirmative action, may Mr SPEAKER: Order! There is no point of be necessary. I ask them to reflect on that way order. of conceptualising Australian society. Mr NELSON: Australians have long been I will reinforce that point and then move known for their sense of humour. On the fields on. I will use a health analogy so that those in Flanders they were known for making opposite can see the point I am making. If sometimes quite macabre statements in their there is one person who is anorexic and one attempts at humour, as most people do when person who is obese, we want both of those they are under pressure. A lot of people on the people to have a healthy weight, but we do other side of the House have probably never not treat them the same. We cannot advance been under pressure. I would ask the Police this debate while we keep talking about equal Minister to haul himself out one night and do a treatment. From my contribution to this debate 4 till midnight shift on the streets of I would like to once again challenge One Woodridge. My father worked in the Nation members to be constructive as we all Woodridge station for quite some time. I heard grapple with the disadvantage that we some absolute horror stories. recognise exists in Australian society. I once watched a good movie called A We have taken action in Aboriginal Few Good Men. A speech given right at the communities in relation to essential end really hits the nail on the head. It was infrastructure such as water, sewerage and said, "If you don't like the democracy I am waste disposal systems. Just recently we providing, pick up a gun and go and stand allocated $6m for Aboriginal communities and post and do a bit of time on the wall." The thin $15m in the Torres Strait. I think we are taking blue line that stands between us and anarchy practical initiatives in those areas. I look needs our total, honest and unabated support. forward to the support of One Nation members I thought we had had enough of ripping our for constructive solutions to deal with these Police Service apart. Every single member of issues. I would have thought the most this House should be grateful to those men constructive approach would be to recognise who go out there and risk their lives. that negotiation with indigenous people must Senator O'Chee whinged and bitched be the cornerstone of those practical solutions. about how he should get his $1.4m. My father, Debate, on motion of Mr Wellington, who has given 18 years of good service to this adjourned. State, put his life on the line time and time again and received commendations and awards, will be lucky to get $300,000. Not ADJOURNMENT once has he stood up and groaned, made a Hon. T. M. MACKENROTH (Chatsworth— complaint or showed any sort of self-interest. ALP) (Leader of the House) (11.35 p.m.): I He served his State as a police officer, move— manning those walls that stand between us "That the House do now adjourn." and utter anarchy. Of all people, the Police Minister should have stepped in, taken a leading role and Queensland Police Service said, "This is obviously not a good situation, Mr NELSON (Tablelands—ONP) but these people are doing a hard job in (11.35 p.m.): Along with some longstanding difficult circumstances." A lot of members in members of the police community, tonight I this House would have no idea of that watched in horror and dismay as the Police whatsoever—except for my good friend from Minister blatantly went out after a few coppers Caboolture and my good friend from Ipswich 2930 Adjournment 10 Nov 1998

West, who have done a bit of service in their that I have received in Cairns from several time. doctors about an issue which, as it happens, is I watched my father slave for 18 years one that historically I know well. It is about the defending people, watching houses at night continuation of the North Queensland Clinical and putting his life on the line time and time School, which is a shared graduate medical again. This so-called Police Minister should school—shared between Townsville and have got up and said—— Cairns—auspiced by the University of Queensland and supported by the Townsville Mr Sullivan interjected. General Hospital, the Cairns Hospital and, to Mr NELSON: The member should not talk an extent, the James Cook University. about my father. I will talk about my father; he has no right to. He is not even close. He does The clinical school commenced some four not even have the right to class himself in the years ago, and it has brought to the far north same league as my father. The police officers certain benefits which are presently at risk. The of this State, the bravest men and women we benefits that it has brought are considerable in have in this State at the moment, are being terms of medical students—graduate students ripped apart for a little bit of work humour. In with degrees in other areas who have, this House we are always joking and having a however, a particular interest in rural and go at each other. Australians are known for remote health, in public health, in women's their humour. health and in indigenous health. It has brought to the region highly qualified medical Mr Reeves interjected. practitioners and professors. It has lifted the Mr NELSON: The member for Mansfield possibilities within the region as well as the would have no idea. He has probably never opportunities for high-level education done a hard day's work in his life. The simple experiences. As time passes, that will be of fact is—— considerable economic benefit to Cairns. Mr REEVES: I rise to a point of order. I I know the story well, as I was chair of the find that—— Regional Health Authority when we put the Mr NELSON: If the member finds that deal together with Townsville and the offensive, I withdraw. He cannot handle the University of Queensland. It was for Cairns—as truth. it frequently is with new facilities—a battle to Mr REEVES: I rise to a point of order. I make it happen. It was innovative in sharing find offensive the remark that I cannot handle campuses between the two cities. It was the truth, and I ask that it be withdrawn. innovative in the way in which students would Mr NELSON: I withdraw. The simple fact be encouraged from Brisbane to study further is that the Police Minister should have some in the north. It was innovative in that the guts and stand up for the coppers who are out School of Obstetrics and Gynaecology was there on the streets looking after him. I know renamed Women's Health to take account of that they would stand up for him time and time broader issues, particularly to do with again. The simple fact is that we have no indigenous women in Cape York and the leadership in this State. I will stand up and Torres Strait Islands. defend the police officers of this State if no- It was decided that, in Cairns, we should one else will. They were indulging in a little bit host three of those professorial units: women's of humour, like all Australians do in hard times, health, children's health and public health. and if they get crucified for that—— Over the past several years, we have Mr Mickel interjected. progressed more slowly than we would have Mr NELSON: The member for Logan is liked but progressed nonetheless. From that making offensive statements about my Army we have seen a greater willingness not only of service. I have served this country as a soldier. residents and medical students to come to the The Premier of this State, during a speech in region but also of registrars. That is, of course, Atherton, told me that this sort of stuff would a continuing problem for regional cities, let not happen. Do I go back to the people of alone remote areas across northern Australia. Atherton and say that it does happen? In that way it is working. We have seen an Time expired. increase in studies for a masters degree in public health. We have seen recognition across the Pacific, and even into Asia, of the North Queensland Clinical School Tropical Public Health Unit and the innovations Ms BOYLE (Cairns—ALP) (11.40 p.m.): I undertaken with our associate professors in rise tonight to talk about some representations the area of public health. 10 Nov 1998 Adjournment 2931

To that extent I want to recognise those the context of my remarks. I ask that it be who have worked so hard, though so quietly, withdrawn. to get us to this point. They are the Associate Mr BEANLAND: It is true that the remarks Professors in Public Health, Ernest Hunter and that the member made are offensive. They are Mary Black, the Associate Professor of most offensive to older Queenslanders. Women's Health, Michael Humphry, and Dr Ross Messer, a paediatrician who has filled the Mr SPEAKER: Order! Does the member still formally vacant post of Director of ask that they be withdrawn? Paediatrics. It is, however, a time when it may Mr MUSGROVE: Yes, I want them well be an idea of importance for Townsville to withdrawn. consider—and for the James Cook University. Mr BEANLAND: I withdraw. However, I will Discussions are being held about establishing just say that those remarks are offensive to an undergraduate medical school in Townsville older Queenslanders. auspiced by the James Cook University. The member's startling revelation was that The representations that have been members of the Government benches are, on made to me—and I share their concern—are average, five years younger than members of that there are not the numbers of students to the coalition parties. What an outrageous sustain two medical schools in north assertion. I am sure that some of Mr Queensland and that it will become Musgrove's more senior colleagues would, like accidentally a choice between one or the most people, take umbrage at his claim that other. It is possible, therefore, if I do not alert older members should be put out to pasture this House and all members concerned with and that members of the coalition should health in north Queensland that the clinical ensure that there are enough nursing home school for which we have fought so hard could places for them in the not-too-distant future. be downgraded or even closed and that the The member's comments in relation to CPR successes that we have had in establishing and some health problems experienced by the more and better medical services to remote elderly are even more offensive. The member and rural Queensland, to indigenous people for Springwood should be ashamed and and in the area of public health could be lost disgraced by his performance on Tuesday, 20 to us. A graduate medical school such as we October. have already is the way of the future. To turn back the clock towards an undergraduate The Anti-Discrimination Commissioner medical school would be a mistake—a drain recently reported an increase in the number of on Queensland Health's precious funds, I dare cases involving age discrimination in this State. say, as well as a definite mistake for Cairns. What about the $4m over four years that has been allocated by the Department of Families, Time expired. Youth and Community Care as part of a whole-of-Government initiative to respond to Age Discrimination; Estimates Committees; priority issues for older Queenslanders—an Liquor Licences amount similar to that allocated by the former coalition Government in its May Budget of this Mr BEANLAND (Indooroopilly—LP) year? The Minister might remind the member (11.46 p.m.): I rise to address some of the for Springwood that 1999 will be the offensive and outrageous claims made in this International Year of Older Persons. More House on Tuesday, 20 October, by the importantly, however, the Minister might like to member for Springwood. As the shadow provide the member with a copy of a press Minister for Families, Youth and Community release that she issued on the Monday—just Care, I find it absolutely disgraceful that a one day before Mr Musgrove's disgraceful member would rise in this House and performance—in which she stated that, by denigrate older Queenslanders. Unfortunately, 2031, one in four Queenslanders will be over that is exactly what has been done by the the age of 60, and that every week up to member for Springwood. In a shameful display 1,000 Queenslanders become Seniors Card of arrogance, the member for Springwood tried holders. to argue that the Labor Party would make a better Government because its members are It is now up to the Minister for Families, comparatively younger than those on this side Youth and Community Care and the Premier of the House. to ensure that there is never a repeat performance of this nature from members of Mr MUSGROVE: I rise to a point of order. the Labor Party. I call on the Minister and the I find offensive the claim that I have Premier to publicly repudiate this outrageous denigrated older people. That was not at all slur on older Queenslanders. Older 2932 Adjournment 10 Nov 1998

Queenslanders deserve to be recognised and Goods and Services Tax valued for their knowledge and contribution to Mrs LAVARCH (Kurwongbah—ALP) our community. I can assure the member for (11.51 p.m.): Last week the Australian Council Springwood that I will be doing everything I of Social Service released its findings after can to let his electorate know of his comments surveying 520 front-line community agencies. in this House in relation to this matter. Its report, Australians Living on the Edge, I wish to comment briefly on one aspect presents a disturbing picture of a community of the comments of the member for Barambah welfare sector under enormous strain. Nearly on 22 October in relation to her attendance at half the agencies that are struggling to meet the Estimates hearings—from the Opposition the increased demand upon them report that perspective. One Nation was offered two they are having to turn away many clients. positions on the Estimates committees and Nearly all of these agencies nominated took up only one. The shadow Ministers changes to Government policy as the biggest obviously had to shadow their respective issue they faced. Of course, they are changes Ministers in the Estimates committees for their to Federal Government policy. portfolios, which left some three positions On the same day that those findings were vacant. At the end of the day, the member for released, the Prime Minister, John Howard, Gladstone took up one of those positions. The was reported to be seeking the support of member for Maryborough, a One Nation welfare groups for tax reform and the GST. I member, decided that he would like to be a understand that the response from some member of an Estimates committee, and he groups has been to implore the Prime Minister took up another position. There was one other to hold an inquiry into the effects of the GST, vacancy, and that had to be filled by a especially on food and services for those on coalition backbench member because it low and fixed incomes. They fear, rightfully in remained unfilled at the end of the day. Of my view, that these people will be the greatest course, members have the ability by affected. This will mean a greater demand on arrangement to seek leave of the committee welfare agencies, agencies that are already at to ask questions. That capability was also breaking point. But what of the effect of the available to the member for Barambah as it GST on the agencies themselves? The QUT was, of course, to other backbench members, program on nonprofit corporations is currently including One Nation members. looking into this aspect of the GST. In particular, Myles McGregor-Lowndes is The third matter I want to refer to relates undertaking an extensive analysis of taxation to the application for liquor licences in my impacts on this sector. I commend him for his electorate. This case relates to a cinema excellent work. complex at the Indooroopilly Shoppingtown. Tonight I will raise members' awareness of We have gone through a period during which the issues directly confronting our nonprofit or those restaurants and other undertakings that community sector and ask that they take the can obtain liquor licences have been time to become fully informed. I have no doubt extended. I believe that there is a time and that they will be asked many questions by place for liquor licensing. I do not think we community groups in their electorate should want to extend those licences to cinema the GST be introduced. If one looks at the complexes. Of course, it can be argued coalition's tax reform package, one will find perhaps that there is a justifiable basis for that, that it contains a list of GST-free activities. although no justification has been put up in What is striking about this list—and what this instance. An application has been made. I should cause great concern—is that the am concerned because families allow their emphasis has changed from who is sales tax children to go there with relative safety and exempt to what is GST free. That means that ease. They are not concerned about the some activities of community agencies will be consumption of alcohol on those premises. GST free whilst other activities will not. Under Although the applicants might be able to say the present system, many of those agencies that liquor will be served only in a special, are sales tax exempt and do not pay any tax reserved area, I am sure that at the end of the at all. The tax reform package states that day they will be seeking extensions of that charities, public benevolent institutions, licence across other areas on the same community groups and the activities of premises where children and young people go. religious organisations that are not commercial I do not believe it is the sort of move we want are GST free. But it is not stated whether all to encourage. organisations currently tax exempt under the Income Tax Assessment Act will continue to Time expired. be so and qualify as GST free. Also, it is not 10 Nov 1998 Adjournment 2933 clear whether sporting clubs, particularly those working towards promoting new development who earn their income from poker machines, across the State and creating new jobs, I was will be GST free. always frustrated to see simultaneously that Another concern that has been raised is the banking industry especially was downsizing the treatment of large organisations like St and shedding jobs as quickly as we were Vincent de Paul, Lifeline and even the creating them. I also acknowledge the efforts churches that provide a number of facilities of the Beattie Government. It also shows a such as hospitals, nursing homes, schools and commitment to creating jobs and development second-hand clothing shops. Will they be across Queensland. The problem to which I treated as one single legal entity or be broken refer will not necessarily be resolved by the up into each activity or division? If they are Governments of the day. It is a very real treated as one single entity, it could have problem for the people in those small enormous repercussions on the organisation in communities. Two parts of my electorate have respect to tax. The definition of what attracts a real problems in this regard. One whole shire, GST for nonprofit groups would include the Bendemere Shire—which has two major second-hand charity shops, any publications or towns, Wallumbilla and Yuleba, both of which advertising in publications for community have only 300 or 400 people—has no banking groups or charities as well as anything sold, facilities. The shire's headquarters are some from sweets and lollies at a church fete to 70 kilometres away from a major bank. lunches at a school tuckshop. Those would Another town in my electorate that is also attract a GST. It also has serious suffering badly is the town of Jandowae. That consequences for charities or community town of about 800 people is about 50 groups that charge a fee for service. Meals on kilometres away from the nearest big centre. It Wheels is one that comes to mind, but I am has one bank and a couple of agencies. sure that the list is infinite. More questions are I will go through some of the solutions raised than can be answered for the activities offered in the dialogue between the people of the nonprofit sector. who run the banking facilities and their The treatment of gambling under the tax customers. Recently, a lady from Jandowae reform package has also raised alarm for wrote to me pointing out that Suncorp-Metway those commenting on behalf of the nonprofit is pulling out an agency that it currently runs sector. The Howard Government wants to out of the post office in Jandowae, obviously place a GST on the operator's margin. The tax because it finds it non viable. In a letter to that will apply the difference between total tickets customer, Suncorp-Metway in Toowoomba sold and the value of the prizes or winnings. pointed out that it had all sorts of options. The Many nonprofit organisations engage in charity first option discussed was that of automatic gambling to raise income for services. teller machines. Unless an automatic teller Members can consider the Endeavour Prize machine can service a sizeable population, it is Homes or the Boys Town Art Unions. Then not a viable proposition, so that rules out that there is the whole question of State gambling option for Jandowae and places such as taxes. The tax reform package states that a Yuleba and Wallumbilla. The next option GST on gambling may require a corresponding offered was telephone banking. That is a new decrease in State gambling taxes. If a State innovation. I believe some businesspeople in receives either decreased gambling taxes from those communities, service providers in the the effect of the GST or, alternatively, reduces town itself or people living on farms in the tax correspondingly, what will that mean to the community would, to some extent, make use Gaming Machine Community Benefit Fund? I of telephone banking—but not all. I will speak urge all members to stand up for their more about that later. The next option offered community groups, welfare agencies, sporting by the bank—and all the banks are in the clubs, schools, churches and the millions of same boat because of competition—was to ordinary people who give their time, money provide agencies. Post offices, themselves and effort to the community and stop the GST now private enterprise agencies working on from destroying them. behalf of AustPost, are also taking on agencies for institutions such as the Commonwealth Bank and Suncorp-Metway. Banking Services To some degree, they have been working not Hon. B. G. LITTLEPROUD (Western too badly. However, Suncorp-Metway has Downs—NPA) (11.55 p.m.): Tonight I will chosen to drop that agency out of Jandowae. speak about the problem of banking services So anyone who has an account with that in very small rural communities. Although I was particular establishment now has to go to always proud to see the Borbidge Government Dalby to do his or her banking. 2934 Adjournment 10 Nov 1998

Also, the Commonwealth Bank has a Logan and Mount Gravatt Police Districts, service fee of $1.50 every time a person goes Law and Order in to make a banking transaction at the post Mr MUSGROVE (Springwood—ALP) office. The Commonwealth Bank is quite (12.01 a.m.): I rise to inform the House of entitled to charge that fee. However, it was some of the initiatives of the Beattie Labor pointed out to me by a pensioner—and there Government, and in particular the Minister for are many elderly pensioners living in Police and Corrective Services, in providing Jandowae—that a charge of $1.50 every time services for the people of the Logan and they make a transaction is quite an impost on Mount Gravatt districts in relation to law and them, particularly when people living in the order. In prefacing my comments, I would like larger centres can go to automatic teller to reflect on today's media stories about the machines and there is no charge. So I think email comments, which I personally found that they have a cause for complaint. offensive and I am sure my constituents would also have found offensive. We in Logan City The bank suggested that those people work very, very hard to build our community. could use EFTPOS. Generally, EFTPOS is only Logan bashing as such has been around for viable for businesses that have a pretty large 20 years or 30 years. However, it is not turnover, and there are none of those in something that the people of my area Jandowae. There are automatic transfers, but appreciate. It sets back the good endeavours that does not seem to suit the pensioners, and of many hardworking members of the there is also Internet banking, which is community who like where they live, who are something that is trying to break through. The proud of where they live, and who work very point that I want to make is that these banking hard as a team to lift Logan's image. Certainly, arrangements create total inconvenience for those reports in the media are unhelpful to say everyone. Some people can learn to live with the very least. them but some people who hold very small At the end of the day, the actions of the amounts of cash such as pensioners are Government speak louder than words. I am finding it extremely difficult. proud to inform this House that at the A solution is still being sought. The banks Springwood Community Cabinet meeting, are trying to do certain things and credit unions which was held last weekend and on Monday, are setting up operations, but still the people in the Police Minister, Tom Barton, announced these very small communities are finding it three new police shopfronts for shopping very difficult to be able to get their hands on centres in Springwood, Mount Gravatt and small amounts of cash for their usual small Woodridge and a Police Beat to be located in financial transactions. I think that that is also Eagleby. Each of those should be operating posing many problems for retailers, because by early next year. they have to hold cash on their premises until The Springwood shopfront was a such time as they go to the nearest bank. commitment of the then shadow Cabinet, which came down to visit the people in the The solution may lie in new technology. electorate of Springwood when it was not a However, we must keep in mind that those Labor electorate and it was a long way away who have the most ability are making use of from an election. The shadow Cabinet gave a new technology and those who are being left commitment to provide a police shopfront to behind will be left wanting. As administrators the Springwood community to improve across Australia, I wonder if we should policing. I am sure that the very hardworking consider the community service obligations police officers in my community will appreciate that are put into legislation corporatising that extra facility to enable them to be working bodies such as Queensland Rail and the directly with shopkeepers, the community and electricity bodies across Queensland. As part local publicans to reduce crimes such as car and parcel of getting a banking licence or theft, disorderly behaviour in a public place getting a credit union licence in Queensland or and common property crimes that occur anywhere else across Australia, there should around shopping centres and other places be a qualification in the legislation that there is where people gather. a community service obligation to people in I know that the member for Mansfield is remote communities so that the people who delighted that the Mount Gravatt shopfront at are least able to look after themselves can Garden City will be operating before Christmas. overcome their problems and access the I am also sure that the member for Woodridge services that many of us in the larger centres will be delighted that the shopfront that is to be take for granted. located in the Logan Central Plaza at 10 Nov 1998 Adjournment 2935

Woodridge is due to be finished by February It doesn't seem to me that Mr Grice next year. That location in Logan Central Plaza really cares about the sometimes will mean that that area will have two defenceless women involved." shopfronts within several kilometres of each other. That will serve the good people of While this Government is taking positive Logan very, very well. action to reduce crime in our community—and we know that domestic violence is a problem In the 1998 election campaign, Labor promised 10 Police Beats and 10 shopfronts. generally but it is a particular problem in Logan The Government has exceeded the Police City—Mr Grice wants to give people their guns Beats promise with 12 new Police Beats being back. After the great tragedy of Port Arthur, implemented this financial year. In relation to which I am sure all members would agree was shopfronts, there will be a further six this year a turning point in this nation's history in relation and four the next year. I believe that members to gun laws, certainly as far as my electors and will agree that Police Beats and shopfronts not my local newspaper, which is very much in only provide a human face to the Police touch with the local community, are concerned Service but also reduce crime and the fear of and I find Mr Grice's view that these gun-toting crime because they are a very visible police males should be given back their guns, which presence. are often turned on their de facto wives or their I contrast this approach with that of the spouses, is bizarre to say the least and is Opposition. I refer to the editorial of the indeed a great tragedy. I certainly hope that if Reporter newspaper, which is circulated in my the Opposition is ever returned to electorate and, indeed, throughout Logan City. Government, it will not implement that policy. The editorial reflects on the views of the The editorial in the Reporter newspaper member for Broadwater. The headline states, finishes off with this final comment— "Grice off road on gun laws", and I will "With policies like this, the Opposition entertain the House with the following quotes will be the Opposition when I'm old and from it— grey." "Allan Grice wants to alter domestic violence laws, so some bullies can get Time expired. their guns back. Motion agreed to. Some get domestic violence orders against them because they can't control The House adjourned at 12.06 a.m. themselves. (Wednesday)