Legislative Assembly 5353 9 November 1993

TUESDAY, 9 NOVEMBER 1993 Management of the Department of Primary Industries 5 November 1993 Annual Reports for 1992-93— Mr SPEAKER (Hon. J. Fouras, Ashgrove) Chairman of the Retail Shop Lease read prayers and took the chair at 10 a.m. Tribunal Police Superannuation Board ASSENT TO BILLS 8 November 1993 Assent to the following Bills reported by Tertiary Entrance Procedures Authority— Mr Speaker— Annual Report for 1992-93. Meat Industry Bill; Intellectually Disabled Citizens PETITIONS Amendment Bill; The Clerk announced the receipt of the Eagle Farm Racecourse Bill; following petitions— Regulatory Reform Amendment Bill; Stock Amendment Bill; Rosewood, Rail Electrification Revenue Laws Amendment Bill. From Mr FitzGerald (97 signatories) praying that an improved railmotor shuttle service be provided to service Gatton, Helidon PAPERS TABLED DURING RECESS and Laidley and that buses not be considered Mr SPEAKER: Order! Honourable as an alternative when the electrification of the members, I have to advise the House that the railway to Rosewood is completed. following papers were tabled during the recess in accordance with the details provided on the Daily Program circulated to members in the Superannuation Entitlements Chamber— From Mr J. N. Goss (19 signatories) The Clerk of the Parliament— praying that the Parliament of will take action through the Local Government 26 October 1993— Minister to ensure that the decision of the Annual Reports for 1992-93— Soorley administration to increase Department of Consumer Affairs superannuation entitlements for City Podiatrists Board of Queensland Council aldermen be not approved. Queensland Treasury Corporation— Capital Market Operations Association of Motoring Clubs Suncorp Insurance and Finance From Mr J. N. Goss (7 271 signatories) 27 October 1993— praying that the Parliament of Queensland will Department of Lands—Annual Report for support the Association of Motoring Clubs of 1992-93-Addendum Queensland for the right of the individual to own and drive the motor vehicle of their choice Trustees of the Parliamentary Contributory Superannuation Fund— without Government interference by way of Annual Report for 1992-93 persecution, discrimination, overtaxing, or limiting the age of vehicles on our roads. 1 November 1993 Queensland Coal Board—Annual Report for 1992-93 Nicklin Way, Road Surface Noise 2 November 1993 From Mrs Sheldon (204 signatories) Annual Reports for 1992-93— praying that steps be taken to alleviate road surface noise levels on the Nicklin Way Optometrists Board of Queensland between the Beerburrum Street intersection Royal Brisbane Hospital Research and Caloundra Road. Foundation Petitions received. 3 November 1993 Department of Primary Industries—Annual Report for 1992-93 STATUTORY INSTRUMENTS Parliamentary Committee of Public In accordance with the schedule Accounts—Report on the Financial circulated by the Clerk to members in the 9 November 1993 5354 Legislative Assembly

Chamber, the following documents were Proclamation—that certain officers of the tabled— Crown liable to retire from office on political grounds are capable of being Appeal Costs Fund Act— elected Members of the Legislative Appeal Costs Fund Amendment Assembly and sitting and voting in the Regulation (No. 1) 1993, No. 387 Legislative Assembly at the same time, Education (Teacher Registration) Act— No. 381 Education (Teacher Registration) Partnership (Limited Liability) Act— Amendment By-law (No. 2) 1993, No. 383 Partnership (Limited Liability) Regulation Fauna Conservation Act— 1993, No. 386 Fauna Conservation Amendment Primary Producers’ Organisation and Marketing Regulation (No. 2) 1993, No. 379 Act— Fruit Marketing Organisation Act— Primary Producers’ (Prescription of Growers) Regulation 1993, No. 399 Fruit Marketing (Committee of Direction Levies) Amendment Regulation (No. 1) Psychologists Act— 1993, No 400 Psychologists By-law 1993, No. 395 Golden Casket Art Union Act— Small Claims Tribunal Act— Golden Casket (On-Line) Amendment Small Claims Tribunals Regulation 1993, Rule (No. 2) 1993, No. 380 No. 385 Harbours Act— Statutory Bodies Financial Arrangements Act— Harbours (Abbot Point) Amendment By- Statutory Bodies Financial Arrangements law (No. 4) 1993, No. 398 (Investment) Amendment Regulation Harbours (Repeal of Orders) Regulation (No. 1) 1993, No. 376 1993, No. 391 Statutory Instruments Act— Health Act— Statutory Instruments Amendment Health (Analyst’s Certificate) Regulation Regulation (No. 8) 1993, No. 382 1993, No. 402 Stock Act— Land Tax Act— Stock (Cattle Tick) Notice 1993, No. 401 Land Tax Amendment Regulation (No. 1) Superannuation (Government and Other 1993, No. 397 Employees) Act— Local Government Act— Superannuation (Definition of Local Government (External Boundaries Employee—Border Rivers Commission) of Cities of Brisbane and Logan) Order 1993, No. 390 Regulation 1993, No. 392 Surveyors Act— Reference, dated 1 November 1993, of a Surveyors Amendment Regulation (No. 1) reviewable local government matter to the 1993, No. 389 Local Government Commissioner by the Minister for Housing, Local Government Wet Tropics World Heritage Protection and and Planning. The reference relates to Management Act— the Shire of Clifton. Proclamation—the Act (other than Magistrates Courts Act— sections 56 and 57) commences 1 November 1993, No 396 Magistrates Courts Amendment Rules (No. 1) 1993, No. 388 Workplace Health and Safety Act— Magistrates Courts Jurisdiction Amendment Workplace Health and Safety Amendment Act— Regulation (No. 4) 1993, No. 377. Proclamation—the provisions of the Act not in force commence 1 November 1993, PAPERS No 384 The following papers were laid on the National Parks and Wildlife Act— table— National Park 56 County of Tingarra (a) Premier, Minister for Economic and Trade (Extension) Order 1993, No. 378 Development (Mr W Goss)— Nursing Act— Bikeways Project Board—Annual Nursing By-law 1993, No. 394 Report for 1992-93 Proclamation—the provisions for the Act (b) Deputy Premier, Minister for Emergency (other than section 75(2)(b)(i)) commence Services and Minister for Rural 1 November 1993, No. 393 Communities and Consumer Affairs (Mr Officials in Parliament Act— Burns)— Legislative Assembly 5355 9 November 1993

Trustees of the Funeral Benefit Trust (f) Minister for Police and Minister for Fund—Annual Report for 1992-93 Corrective Services (Mr Braddy)— (c) The Treasurer (Mr De Lacy)— Queensland Corrective Services Annual Reports for 1992-93— Commission—Annual Report for 1992-93 Mortgage Secondary Market Board (g) Minister for Housing, Local Government and Planning (Mr Mackenroth)— Nominal Defendant (Queensland) Report of the Local Government Minister in relation to reviewable Queensland Treasury local government matters and Queensland Industry electoral arrangements for the 1994 Development Corporation Local Authority Elections— City of Mackay, Shire of Superannuation Schemes Pioneer, parts of the Shires of (d) Minister for Transport and Minister Whitsunday, Mirani and Sarina Assisting the Premier on Economic and Annual Reports for 1992-93— Trade Development (Mr Hamill)— Queensland Building Services Annual Reports for 1992-93— Authority Port Authority Queensland Local Government Cairns Port Authority Superannuation Board Queensland Local Government Gladstone Port Authority Grants Commission Port of Brisbane Authority (h) Minister for Health (Mr Hayward)— Port Authority Annual Reports for 1992-93 Port Authority Chiropractors and Osteopaths (e) Minister for Primary Industries (Mr Board of Queensland Casey)— Dental Board of Queensland Queensland Hen Quota Dental Technicians and Dental Committee—Annual Report to 25 Prosthetists Board of June 1993 Queensland Annual Reports for 1992-93— Medical Board of Queensland Bureau of Sugar Experiment Nurses Registration Board of Stations Queensland Chicken Meat Industry Committee Occupational Therapists Board of Queensland Council of Agriculture Pharmacy Board of Queensland Gladstone Area Water Board Physiotherapists Board of Grain Research Foundation Queensland Queensland Commercial Prince Charles Hospital Fishermen's Organisation Foundation Queensland Dairy Industry Princess Alexandra Hospital Authority Research and Development Queensland Fish Board Foundation Queensland Fish Management Psychologists Board of Authority Queensland Queensland Sugar Corporation Royal Children's Hospital Foundation Timber Research and Development Advisory Council Royal Women's Hospital of Queensland Research and Development Foundation Reports— Speech Pathologists Board Exporting Queensland Primary Products—unlocking a new (i) Minister for Environment and Heritage (Ms view of the future Robson)— Government response to Annual Reports for 1992-93— Parliamentary Public Accounts Department of Environment and Committee Report No. 24 Heritage National Trust of Queensland 9 November 1993 5356 Legislative Assembly

Brisbane River Management Public of the Queensland Government Gazette Information Paper Extraordinary of 18 October 1993 containing Whitsunday National and Marine the relevant notifications. Parks Draft Management Plan.

MINISTERIAL STATEMENT APPROPRIATION BILL (No. 2) Overseas Visit Estimates Debate, Procedure and Time Hon. D. J. HAMILL (Ipswich—Minister for Limits Transport and Minister Assisting the Premier Hon. T. M. MACKENROTH on Economic and Trade Development) (Chatsworth—Leader of the House) (10.09 a.m.), by leave: On 7 October, I was (10.07 a.m.), by leave, without notice: I pleased to join the Vietnamese Minister for move— Trade, Le Van Triet, at the port of Brisbane, “That notwithstanding anything witnessing the loading of three locomotives contained in the Standing Orders or which arrived in Hai Phong Harbour yesterday Sessional Orders, the following procedure for use by Vietnam National Railways on and time limits shall apply for the mainline passenger services between Hanoi Estimates of Consumer Affairs and and Hai Phong. I am now able to report to the Corrective Services on this day’s sitting— House on a follow-up visit I made to Vietnam between 21 and 27 October with Mr Vince 12 noon to 3.30 p.m.—Consumer Affairs O'Rourke, Chief Executive of Queensland Rail, 3.30 p.m. to 5.30 p.m.—Corrective and the Executive Director of the Trade Services Investment Development Division of the In each case the Minister shall be Department of the Premier, Economic and given 15 minutes to introduce the Trade Development, Mr Loftus Harris. I would Estimates; the Opposition spokesperson, like to mention specifically the links that have 15 minutes; each member, 10 minutes; been forged and are being developed within and the Minister in reply, 10 minutes.” my own portfolio and then focus on some wider issues that affect Queensland business. Motion agreed to. Our visit to Vietnam undoubtedly strengthened the relationship between MINISTERIAL STATEMENT Queensland Rail and Vietnam National Rail. Changes in Ministry Following on from the sale of the three diesel hydraulic locomotives, QR has sent two Hon. W. K. GOSS (Logan—Premier and locomotive technicians to help Vietnam for a Minister for Economic and Trade period of two months. It is clear that QR’s Development) (10.08 a.m.), by leave: I desire consultancy service is well positioned to to inform the House that on 18 October 1993 provide advice to Vietnam National Rail, and Her Excellency the Governor— there are also opportunities for other (a) Accepted the resignations of the Queensland engineering and consultancy Honourable Thomas James Burns, the groups. Honourable Paul Joseph Braddy and the During my visit, I met four senior Honourable Glen Richard Milliner as ministers. They were the Minister for Transport Ministers of the Crown; and Communications, Professor Dr Bui Danh (b) Appointed— Luu, the Vice Minister for Transport and the Honourable Thomas James Communications, Dr Bui Van Suong, the Burns to be Deputy Premier, Minister for Minister for Trade, Mr Le Van Triet, and the Emergency Services and Minister for Vice Minister for Light Industry, Mr Nguyen Rural Communities and Consumer Minh Thong. Those discussions covered a Affairs; number of areas where cooperative ventures could be pursued, such as marine technology, the Honourable Paul Joseph Braddy transport infrastructure and road safety. to be Minister for Police and Minister for Corrective Services; and I was also encouraged to learn that there are many Queensland business the Honourable Glen Richard Milliner representatives at work in Vietnam in a wide to be Minister for Administrative Services. range of activities, including mining, I lay upon the table of the House a copy engineering, law and banking. While in Hanoi, I was pleased to introduce members of a trade mission from the State Chamber of Legislative Assembly 5357 9 November 1993

Commerce and Industry. Among the Queensland Government will certainly do all in achievements of that mission were the sale of its power to further the ties which exist two models of water purification systems, and between us and the Vietnamese people for serious joint venture proposals are being our mutual benefit. For the information of the examined for infrastructure developments, House, I table the details of meetings and the including residential, industrial, commercial itinerary of my visit to Vietnam. and tourism project management, and also for meatworks, tanning and dairy produce. MINISTERIAL STATEMENT During my visit, I was privileged to witness the signing of a joint venture contract between Electoral Commission, Annual Report the Power Brewing Company and the Dong Hon. D. M. WELLS (Murrumba— Minister Nai alcohol and brewing factory for the for Justice and Attorney-General and Minister development of a major brewing enterprise in for the Arts) (10.12 a.m.), by leave: In Dong Nai province, where my department has accordance with section 19 (3) of the Electoral also developed strong links through our Act 1992, I table for the information of Partners in Progress agreement. honourable members the annual report for There is one last area of which I would 1992-93 of the Electoral Commission of wish to make specific mention. The Queensland. Honourable members will be development and equipping of health facilities aware that this is the first annual report of this is presenting substantial trade and investment statutory authority, formally established on 19 opportunities for Queensland. Initially, June 1992 to administer the State’s electoral opportunities may be confined to small-scale laws impartially and to restore public hospital installations servicing the expatriate confidence in the State electoral system. community, where companies are already The report documents the charter, goals, meeting high costs to enable medical establishment and performance of the new evacuation of expatriate staff for any medical commission in its first year of operation—a condition. However, a foothold in the market year in which the commission was called upon for health care will open a range of to conduct the forty-seventh general election opportunities for Queensland companies. One of members to this Parliament. of the first of these opportunities will be the Ho In the commissioner’s overview and Chi Minh Private Hospital with 50 beds being report of the commission’s performance, provided by a consortium of Brisbane attention is drawn to some of the most companies. The project started in January, notable of the commission’s achievements in and I met Mr Mike Berry and his joint venture its foundation year, among them being— partners in Ho Chi Minh City during my visit. This project is an excellent example of the the establishment of the new client- cooperative work that can be achieved by focused commission including recruitment Queensland firms in Vietnam. of skilled staff, installation of systems support and strategic planning; Doing business in Asia is a specialised activity, and any business which thinks it can the consistently positive response from arrive in Vietnam with a portfolio of goodies to client satisfaction surveys; and be eagerly snapped up will be disappointed. the efficient and effective administration Queensland business must be attuned to the of the 1992 general election, including: culture of Vietnam and its business practices; a record enrolment of electors; must be aware of the requirements of the Vietnamese Government; must have the right a significant reduction in information goods and services for Vietnam’s needs, and campaign costs while maintaining the must be prepared to go back on many effectiveness of that campaign; occasions in order to become well known and an increase in voter turnout and the accepted. participation rate; Nevertheless, we can strengthen our a reduction in both the total number and bilateral relations by building on the goodwill rate of informal voting; and a base of activity that we have already. the shortest period ever recorded for the Australians and Australian expertise and return of the writ; standards are highly regarded in Vietnam, and with the prospect of increased levels of foreign the completion of the first ever ballot investment there is no doubt that the paper survey in Queensland; and Vietnamese economy will participate more an overall reduction in election costs. fully in the dynamism of our region. The 9 November 1993 5358 Legislative Assembly

I table the document. Report on Conference Mr CAMPBELL (Bundaberg) PARLIAMENTARY COMMITTEE FOR (10.18 a.m.): As a member of the Travelsafe CRIMINAL JUSTICE Committee, I attended the National Road Trauma Advisory Council Conference titled Report “Safely on the Road to the 21st Century” held Mr DAVIES (Mundingburra) (10.16 a.m.): in Canberra on 19 and 20 October. The I lay upon the table of the House a report of conference addressed strategic planning and the Parliamentary Criminal Justice Committee road planning trauma. titled Report into Allegations made by Robert Mr SPEAKER: Order! I do not think that David Butler and Christopher Charles Adams this is the proper time for that statement to be regarding former Superintendent John William made in the House. Is there any other Huey and the Criminal Justice Commission. business? This report follows allegations by Mr Mr CAMPBELL: I am reporting on a trip Robert Butler, a director of Trial Consultancy to attend a conference as a member of the Pty Ltd and Mr Christopher Adams of Channel Travelsafe Committee. I ask whether that is 7 against former Queensland Police allowed under the Standing Rules and Orders. Superintendent John William Huey and the Criminal Justice Commission. The conclusion Mr SPEAKER: I ask the honourable reached by the majority of the Parliamentary member to seek leave to make the statement. Criminal Justice Committee—Messrs Davies, Mr CAMPBELL: I seek leave to give a Barton, Watson, and Briskey and Mrs report on the road safety conference. Bird—with the Honourable Neil Turner Mr SPEAKER: Leave is granted. disagreeing and the Honourable Vince Lester being absent, is as follows— Mr CAMPBELL: I thank honourable members. The conference addressed “The Committee has undertaken a strategic planning and road trauma, and detailed and considered examination of issues relevant to road users, vehicles, the the complaints raised by Messrs Adams environment, road trauma and enforcement. and Butler in their letter of 14 December The direct and indirect costs of road trauma in 1992 and the further correspondence of Australia now amount to more than $6 billion 11 March 1993. In addition, the a year. Each year, about 2 500 people are Committee has been assisted in its killed and a further 30 000 are admitted to deliberations by a senior member of the hospital as a result of road trauma. But there Criminal Bar. is good news. Over the past 20 years, the . . . the Committee is of the firm view that safety of Australia’s roads has been none of the complaints raised by Messrs consistently improved. Despite an almost Adams and Butler can be substantiated doubling of the amount of travel, deaths on or sustained. The Committee believes Australia’s roads have fallen from 3 800 in that the report of the New South Wales 1970 to 2 300 in 1990 and to 2 112 in 1991. investigators was thorough, independent For the information of honourable members, I and professional. table the conference program, the National Finally, the Committee believes that Road Safety Strategy, the National Action this report will bring this matter to an end.” Plan for Road Safety, the report of the working party on trauma systems and a strategic road On behalf of the committee, I wish to safety research and development program for acknowledge the work of the committee Australia. research staff—Mr Dan O’Connor, research director; Mr Tony Woodyatt, former research QUESTIONS WITHOUT NOTICE director; Ms Luisa Pink, consultant; and Ms Aboriginal Deaths in Custody Sandy Rowse from the committee secretariat. Mr BORBIDGE: In directing a question Our sincere appreciation is also extended to without notice to the Premier, I refer him to the Mr John Jerrard, QC, a senior member of the 339 recommendations of the Royal criminal Bar, for his independent and expert Commission into Black Deaths in Custody, opinion. I move that the report be printed. and I ask: how many of these Ordered to be printed. recommendations has the Premier implemented? Mr W. K. GOSS: I cannot give a precise TRAVELSAFE COMMITTEE number, but implementation is proceeding. Legislative Assembly 5359 9 November 1993

Furthermore, the Government has undertaken General, that the problems have now been to compile a report in relation to the whole of rectified. I point out to the Leader of the Government response. Opposition that, indeed, the unqualified report Mr Borbidge: How many? from the Auditor-General came out before the parliamentary committee reported. Mr W. K. GOSS: I have answered that. I would like also to draw the attention of Mr Borbidge: You do not know. the House to what I think may be a disturbing Mr W. K. GOSS: If the Leader of the matter in relation to the Public Accounts Opposition wants to know, he should just Committee. It is the question of outside listen. We have undertaken to compile a interference, which is fairly and squarely whole of Government response about what raised. The National Party members, I the State Government has done to implement understand, produced their minority report the recommendations and, indeed, about the after a meeting in the office of the Leader of success or the progress of implementation up the Opposition. My suspicions in this regard to the present time. That report will be made are confirmed by the fact that the press publicly available by the end of this year, or secretary to the Leader of the Opposition has early next year at the latest. this week written a letter to a financial newspaper that is published in full in which he talks about the Opposition’s attitude in the Department of Primary Industries committee. He uses the term “we”. There was Mr BORBIDGE: In directing a further a corporate approach adopted by these question to the Premier, I refer to the scathing people for political reasons. reports of both the Auditor-General and the I conclude on this note: I think the Leader Public Accounts Committee into the of the Opposition needs to be careful about administration of the Department of Primary the precedent of outside interference, Industries and, in particular, to discrepancies because it can happen elsewhere as well. including $7m unaccounted for, $1.5m in uncashed cheques and widespread financial Mr BORBIDGE: I rise to a point of order. I mismanagement, and I ask: in view of the find the remarks made by the Premier Premier’s previous statements that the objectionable. I will, however, point out to the ultimate accountability lies with the House that the chairman of the committee Government, the Premier and the Minister, sought to influence me. Mr Hollis came to see how can he justify his failure to take action me in my office. against either the Minister for Primary Mr SPEAKER: Order! The Leader of the Industries or the Director-General? Opposition asked for something to be Mr W. K. GOSS: Dealing firstly with the withdrawn because it was offensive. That is all Minister, I want to say that the Minister has my he is entitled to do. I warn the honourable full confidence and support on this matter. It member. I was on my feet, and he continued was simply a bit of political point scoring to talk. I warn him under Standing Order 124. orchestrated by the Leader of the Opposition This goes for all members of the House: when that produced the dissenting report by I am on my feet, I will not have members National Party members, who did not even continuing to talk over me. I warn the Leader turn up to key sessions of the committee. I of the Opposition under Standing Order 124. I understand that one of them, Mr Elliott, was ill. now ask the Premier to withdraw. I am prepared to accept that. The other, I Mr W. K. GOSS: With pleasure, Mr understand, was attending a car race in Speaker. I withdraw the allegation of outside Bathurst. So much for their concern about interference. But I simply said that those public accountability! matters raised a concern, and I simply raised In relation to senior officers of the the concern. If the Leader of the Opposition Department of Primary Industries, the report of wants to prattle on about outside interference, the committee appropriately highlights maybe he should talk to some of his Federal inadequacies in terms of performance when it Liberal colleagues who are trying to deny him came to the transition period of bringing and Mrs Sheldon, with their outside together the three departments, and in interference in the internal affairs of the particular their accounting systems. When the honourable members, their historic role as deficiencies were drawn to the attention of the being the prince and princess of the Minister and the Government, action was “Pineapple Party”. taken to repair and rectify the problem. I am assured by the Minister, and I am reassured Death of Mr D. Yock by the unqualified report of the Auditor- 9 November 1993 5360 Legislative Assembly

Mr PITT: In directing a question to the He will be back in Queensland tomorrow. He is Minister for Police and Minister for Corrective in Madang at the present time. This very Services. I refer the Minister to the unfortunate incident requires thorough investigation into the death of Daniel Yock, investigation. and I ask: what steps has the Minister taken I also indicate that with my support, and to ensure that this investigation is undertaken that of the Queensland Police Service, at the in a prompt and thorough manner? request of relatives of the deceased and the Mr BRADDY: On 7 November 1993, Aboriginal community, a doctor nominated by Daniel Yock was arrested by police on charges the relatives and the Aboriginal community of disorderly conduct and resisting arrest. Prior was present at the first aspect of the post- to his entering the city watch-house, it was mortem examination of the deceased noticed that he was in a condition which yesterday. The post-mortem was also required medical attention. He had been videotaped. Again, to ensure thoroughness transported to the watch-house in the back of and absolute objectivity in relation to the a police vehicle. In relation to this matter, of matter, the videotape will be available. All of course, there have been serious public these activities will be carried out in that demonstrations since then. I wish to assure way—thoroughly, quickly and efficiently—until the House that the Police Service and the we receive a report from all relevant Government will do everything in their power authorities, including the doctor who as quickly and as efficiently as possible to performed the post-mortem, and the CJC. make sure that all aspects relating to this matter are investigated thoroughly and laid before the House and the people of Teacher Staffing Levels Queensland. Mr PITT: In directing a question to the The Criminal Justice Commission has Minister for Education, I refer him to media indicated that it wishes to take full control of reports alleging large-scale teacher reductions the investigation. I have indicated to it that I in Queensland secondary schools, and I ask: fully support that decision. I believe it is do those reports accurately reflect likely appropriate in all of the circumstances. It will staffing levels for those schools in 1994? If mean that all witnesses in relation to the not, can the Minister inform the House of the matter will be able to be interviewed by people actual situation? in the employ of the Criminal Justice Mr COMBEN: The reports to which the Commission in premises under their control, or honourable member refers are totally elsewhere, without the necessity of their being inaccurate, mischievous and misleading. I do involved in interviews with people who are not understand from where the Queensland currently in the employ of the Queensland Teachers Union obtains its figures. The early Police Service. All these things, of course, media reports claimed that those figures had have to be done so that justice is seen to be been compiled by Queensland principals. done as well as being done. Over the last three days, I have been in four This morning I spoke to Mr Mark Le country centres speaking to principals, and I Grand, the Director of the Official Misconduct have had informal discussions with the Division of the Criminal Justice Commission Queensland Secondary School Principals and indicated to him that it had the Association. All of the people to whom I spoke Government’s full support. He assured me told me that the figures were not supplied by that this investigation would be conducted as principals. The figures reported in the media quickly and as thoroughly as possible. He bear no relationship to the facts. We have understood the need for it to be done very spent three months carefully ensuring that any quickly, but very well. Speed alone will not changes in the education system minimise dictate that the thing will not be done any impact on students. The facts are well thoroughly. He understands that, and known. There was a $97m increase in the indicated to me that the CJC will undertake Education budget, a decrease of 98 teachers this investigation as a matter of utmost across the sector and a decrease of one or urgency and priority. The Government, of two teachers in any high school in this State. course, indicated through me its full support. The overwhelming opinion of high school principals is that they can accommodate those I also indicate that I today contacted changes with no impact on education Commissioner Jim O’Sullivan, who is in Papua standards in schools. New Guinea. I have requested—and he has agreed to this— his immediate return to I have reached only one conclusion, Queensland and the resumption of his duties. which any reasonable person could draw from the release of those details to which the Legislative Assembly 5361 9 November 1993 honourable member referred. That action was and his Minister from the financial fiasco that mischievous and was more to do with the has befallen the DPI? internal election of an external body than it Mr W. K. GOSS: It is true that we was about releasing valid debating points or decided to amalgamate those three valid information. departments, that we appointed Mr Miller and that there are other senior staff in that Correctional Facilities department charged with the responsibility of bringing into being an appropriate corporate Mrs SHELDON: I direct a question to the services structure and an appropriate financial Minister for Corrective Services. Given the accounting system. The fact that they failed to crisis facing the Queensland prison system do so is now evident. As I said earlier to the and the need for more capacity, I ask: will the Leader of the Opposition, when this matter Minister reopen Woodford prison, and will he was drawn to the attention of the Minister and rule out the re-opening of any part of the old the Government, action was taken. Boggo Road gaol, particularly Block H? As to the Minister—I have said before Mr BRADDY: As I am sure members are that he has my full confidence and support, well aware, as part of the statutory role of the and he does. With respect, the Minister does Minister for Corrective Services, a review is not bank the cheques. As to the failures that currently under way of the Corrective Services occurred there—— Commission, which has now been in existence for five years. My predecessor indicated that Mr Stoneman interjected. that review should be undertaken initially by Mr FitzGerald interjected. the Public Sector Management Commission, Mr SPEAKER: Order! The member for which the Government, of course, supports. Burdekin and the member for Lockyer! That is a professional body set up for just that purpose. That review has commenced. Mr W. K. GOSS: The issue for the Government is not some of the point scoring One of the matters that will be examined that has been going on. The issue for the during that review is the immediate, short- Government is fixing up the problem. We term, medium-term and long-term need for have fixed the problem. correctional centres in this State. I will not pre- empt that review by stating my views on that I am interested in the new-found concern matter at this time. I certainly have views on on the part of the National and Liberal Parties that matter, and I will be making my views in relation to accountability. Those parties had clear to the reviewers and to the Government. an appalling record in Government. I can cite to the House plenty of examples of that It is appropriate that this review is under record. Because I want to allow more time for way now. I anticipate that it will be completed questions, I will cite to the House just one within two months. At that time, I will be in a example to highlight the double standards of good position to make recommendations to members opposite, and in particular—— the Government on the need for correctional facilities up to the year 2000. I have certainly Mr Hobbs interjected. requested the PSMC to consider the likely Mr SPEAKER: Order! I warn the member numbers of prisoners and the needs that they for Warrego under Standing Order 123A. will have between now and the year 2000. Mr W. K. GOSS:—the double standards Several options are being canvassed. Those of the Leader of the Opposition. Some time options will all be considered, after which a ago, an Auditor-General’s report was decision will be made by the Government on produced in relation to the Queensland Film my recommendation. Corporation. Mr Borbidge launched out, calling it “the worst Auditor-General’s report ever”. The Department of Primary Industries report found, among other things, that due to the passage of time it was not feasible to Mrs SHELDON: I direct a question to the recover most of the advances. Premier. His Cabinet appointed Mr Jim Miller as the Director-General of the Primary Mrs SHELDON: I rise to a point of order. Industries Department, it approved the Under Standing Order 70, I request that the appointment of all senior managers and Premier answer my question. agreed with the PSMC recommendation that Mr W. K. GOSS: I have not finished yet. DPI, Forestry and Water Resources should be The Deputy Leader of the Coalition is combined and scores of jobs lost from the obviously very touchy on the double standards Corporate Services section. I ask: how does point. Let me tell the House about this best the Premier intend to absolve both himself example of the double standard. 9 November 1993 5362 Legislative Assembly

Mr Johnson interjected. “Hundreds of Queensland home Mr SPEAKER: Order! I warn the member buyers . . . are now being ripped off for Gregory under Standing Order 123A. through the premature imposition of increased Stamp Duties.” Mr W. K. GOSS: I will quote from what Mr Borbidge called “the worst Auditor-General’s She went on to state— report ever”. That report found that, in this “Labor is thumbing its nose at the case, it was not feasible to recover most of the Parliamentary and public processes in advances. It found also that significant which budget measures are reviewed. amounts of public money totalling over $4m in . . . the form of outstanding loans and advances had to be written off. There was a litany of ‘He should provide Parliament with a problems. When the Leader of the Opposition clear statement of the dates of opened his mouth, of course, he did not implementation of all his revenue raising realise that the report was referring to the measures . . . ’ ” administration of that unit of public Let me tell the honourable member how I administration under the National Party and, in did supply Parliament with a clear statement. particular, under the stewardship of Mr Tony When I introduced the legislation, I said during Elliott, who was the responsible Minister from my second-reading speech— 1980 to 1983—the same person who did not “The additional concession for a first turn up for the Public Accounts Committee principal place of residence will be hearings in this case, who is not here today, restricted to properties valued at up to as far as I can see, and who has the hide to $160,000. These changes will take effect make criticisms with respect to this matter. from the date of assent.” There was a problem; it has been fixed; and we do not take seriously the point scoring and Mrs Sheldon: Where is it in the the double standards of people who do not legislation? have a clue. Mr De LACY: It says in the legislation that it is from the date of assent. That is what always happens in respect of Bills. Public Liability Insurance Mrs Sheldon interjected. Mr LIVINGSTONE: In directing a question to the Treasurer, I refer him to comments last Mr SPEAKER: Order! The Deputy Leader week by the Deputy Leader of the Coalition of the Coalition will cease interjecting. that the Treasurer hid in the Budget papers a Mr De LACY: What I would like to do is massive revenue hike through increased just give the Opposition a little bit of advice. stamp duty on public liability insurance, and I Before they debate a Bill, many shadow ask: can the Treasurer inform the House of Ministers actually read the Bill. Some other the facts of that situation? shadow Ministers actually listen to the second- Mr De LACY: As I understand it, last reading speech, or if they do not listen to it, Friday the Deputy Leader of the Coalition they read it. By doing that, they might find discovered that some changes were included something in it. This piece of legislation was in the Budget in respect of the stamp duty introduced, it lay on the table for a week, and that applies to public liability policies. That is to it was then debated exhaustively by this her credit. However, I remind the House that it Parliament. The Deputy Leader of the had been passed by this Parliament and Coalition spoke for 45 minutes. Those debated exhaustively in this Parliament prior members who were here could hardly forget to that. The Deputy Leader of the Coalition it—45 minutes! Never once was the issue of also breathlessly related to anybody who the date of implementation raised, even wanted to listen that we were going to reap a though it was made crystal clear. $200m bonanza from the changes. The real Mrs Sheldon: No, it was not. facts are that we expect to receive an Mr De LACY: Perhaps by way of a final additional $1.5m this financial year, and $3m bit of advice to those people who do not in a full year. But this is part of a sequence. intend to read legislation: if they do not know, The week before, the Deputy Leader of the they should shut up. Coalition had another blinding flash of discovery. She found that we were changing the conveyance duty on principal places of Small Business Planning Practices residence. But that was not all! She stated in Mr LIVINGSTONE: I ask the Minister for a press release— Business Industry and Regional Development: Legislative Assembly 5363 9 November 1993 can he inform the House of initiatives that sector. It will give us, and particularly the small have been undertaken to improve the business sector, better opportunities for planning practices of small businesses in obtaining finance, better opportunities for Queensland? achieving growth and, in the long-term, far Mr ELDER: I certainly can. The better opportunities in the job sector for Government takes very seriously the role of Queenslanders. the business community in this State, and particularly the contribution of the small- Department of Primary Industries business sector. Queensland’s small-business sector growth has outstripped that of the other Mr LINGARD: In directing a question to States. It has grown at about 6 per cent a the Minister for Primary Industries, I refer to year, whereas the average growth nationally in the damning report of the Public Accounts that area is about 4 per cent. When I speak to Committee on the Department of Primary people from the small-business sector, they Industries. I remind the Minister that we have tell me that they have difficulty in accessing heard today of the recall of Commissioner capital. When I talk to the banks, they tell me O’Sullivan over a police matter. I ask: why did that they do have capital available for the Minister allow the director-general of his expansion. However, the difficulty is that the department to leave for a trip overseas for two small-business sector—those new and weeks on the very day that the PAC report growing small businesses in this State—does was presented? Why has the Minister not not necessarily have the information and recalled him since the contents of the report bankable documents that are required by the have been made public so that he can answer banks. When one looks at the growth in this the criticisms, especially like those made today sector—some 37,000 new businesses last when the Premier said that there were failings year—one can see that, apart from having an by officials? economy that fosters growth in the new Mr CASEY: I think it is probably business sector and the small-business sector, necessary just to draw to the attention of the and having low taxes that encourage and House the timing in relation to these matters. again foster that growth, we need to assist it in The problems recorded in the PAC report terms of providing businesses with the ability relate to the early part of the 1991-92 financial to produce bankable documents. In other year—two years ago. Those problems, as the words, they should be getting sound business Premier correctly pointed out in answers plans in place so that we can help them take earlier, and again just a moment ago, have that next step. They can then foster growth, been fixed. The fact that the problems had employ and further develop themselves. been fixed was reported to the Auditor- What we have done to address that General, who was satisfied with that report, to deficiency is to put in place a new scheme the parliamentary Public Accounts Committee called Business Plus, which will be run through and to me. Because the problems have been the Small Business Corporation. As an fixed, I see no basis whatsoever for the example, for a $3,000 business plan, the member’s question. The point is that at that Government will provide up to $1,000 to fisheries conference in Rome, Mr Miller is not already established businesses. A further sum just representing Queensland—he was of $1,000 will be contributed by those selected by all of the States to be our national businesses. As Minister, I have not been into representative. handouts. We said we will give them a hand up, and we will do that on this occasion. The Water Pricing Policy business consultants of this State will do the consultancy work for $1,000. That is a Mr LINGARD: In directing my second significant contribution from business question to the Minister for Primary Industries, consultants, from the Law Society, and from I refer to widespread producer concern over accountancy organisations throughout this the Government’s water pricing policy and the State. So, for $3,000 small businesses will be Minister’s public comments that there was no able to get good, sound business plans in intention to introduce new fees or charges for place and then develop good, sound licences applying to private water facilities bankable documents that they will be able such as bores, dams and creeks. I also refer take to the banks to put a case for accessing to a new clause included in a schedule of finance for future growth. terms applying to a waterworks licence renewed in Toowoomba on 21 October, which That has been a gap in the system for requires the licence holder— some time, and this move will provide that means of support for the small-business 9 November 1993 5364 Legislative Assembly

“to pay the prescribed licence fee and situation, the Government has moved in a other such fees and charges as are number of sectors. Importantly, during the determined by the Commissioner from middle of last year, a working party on time to time together with interest childhood immunisation was set up to draft a thereon.” policy on childhood immunisation in I ask: on what basis is this new provision being Queensland. That working party initially added to waterworks licences and why has the consisted of representatives of Queensland Minister clearly and deliberately been Health. It has been expanded to include a untruthful to the rural properties of number of other groups and organisations, Queensland? including the Family Medicine Program at the Queensland University of Technology and the Mr CASEY: I thank the honourable Brisbane City Council. Late last year, the first member for his question. I will not go to the draft of that report was circulated to all trouble of reading the prepared answer I have regional health authorities and central office here in relation to it but thank him for giving branches. The concerns and issues raised me the information in relation to it. Let me have been dealt with in the second draft, quite clearly say that the Government, in the which has been more widely circulated to all same way as it does with all other matters of organisations that have an interest in community concern, prepared and distributed childhood immunisation, including the an options paper. Concerns about water Australian Medical Association, the Family pricing policy have been expressed to us since Medicine Program and the Royal College of we came to Government. The present policy General Practitioners. was put in place by the previous National Party Government. This is an important issue. The policy as it now stands has three main objectives, Mr Littleproud interjected. including increasing childhood vaccination Mr SPEAKER: Order! The member for rates to the levels recommended by the Western Downs! National Health and Medical Research Mr CASEY: As promised, we carried out Council. By 1994, 90 per cent of school-age a review of this particular policy. Consultants children will be fully vaccinated; by 1996, more were engaged, and a report was prepared for than 95 per cent of school-age children will be us. As a result of that major report that we fully vaccinated; and by the year 2000, more received, we prepared an options paper that than 90 per cent of two-year-olds in our has been circulated throughout Queensland community will be fully vaccinated. That is the to enable full and open discussion at places first objective of the National Health and other than National Party meeting rooms, as Medical Research Council. The next objective used to be the case under the previous is to ensure that vaccines are transported, Government. That paper has been circulated, stored and administered in ways that and when we receive replies from people, we maximise their efficiency and useability and to will consider them. improve the efficiency of childhood vaccination programs. Mr Littleproud interjected. This policy is a result of the Government’s Mr SPEAKER: Order! The member for promise to “vigorously promote universal Western Downs will cease interjecting! vaccination for childhood diseases”. It is Mr CASEY: My final point is that not only estimated that about 60 per cent of children in do I not do the banking in the department, as this State have completed the full program of the Premier has said, I do not sign every vaccinations. As part of the Government’s licence issued by every Water Resources primary health-care initiatives, the long-term Commission office throughout Queensland. savings to the community of such a vaccination program can be measured not only in dollars but also in the terrible heartache Immunisation and pain that can be avoided through the Mrs EDMOND: My first question is to the prevention of terrible diseases such as polio, Minister for Health. Can the Minister indicate rubella and hepatitis B. what steps are being undertaken to improve levels of immunisation in the community? Mental Health Care Mr HAYWARD: I am sure that the falling levels of immunisation in the community have Mrs EDMOND: I ask a second question been of growing concern not only to members of the Minister for Health. Is the Minister aware of this House but also to the medical of concerns raised by Brian Burdekin, human profession in Queensland. To address this rights commissioner, on the care of the Legislative Assembly 5365 9 November 1993 mentally ill in Queensland, and what Mr HAYWARD: I make the point that measures are being taken to counter those what is very important and what needs to be concerns? understood is that Burdekin emphasises Mr HAYWARD: This question raises a continuously the importance of the process of very important issue. Again, as all honourable deinstitutionalisation and the importance of members would realise, the Burdekin report providing people who have suffered mental into human rights and mental illness was illness with the opportunity to move through released recently. It is an important report, the various systems that are involved in the because it provides a very strong standard treatment of mental illness. Through the against which we can measure the significant signing of the new Medicare agreement, I improvements that have occurred in the past have been able to provide $18.6m to upgrade couple of years in the provision of mental and build up the community facilities. health care in Queensland. Obviously, when one prepares a document as detailed as Mr Burdekin’s document, it is impossible—or Aboriginal Death in Custody; Riot at Transit certainly very difficult—to continually update Centre the figures. It is important to get that into Mr COOPER: In directing a question to context. Many of the figures used within that the Minister for Police and Minister for report are a couple of years old. However, the Corrective Services, I refer to the riot in report provides a very important measure of Brisbane yesterday near and in the Transit the improvements that have occurred in the Centre following the Aboriginal march provision of mental health services in this protesting the death in police custody of an State. Aboriginal youth on Sunday night. While The report mentions 1990-91 figures for noting the Minister’s answer to a previous the per capita level of spending on mental question, I ask: is the Minister completely health services in Queensland. As I recall it, satisfied that the Police Service is complying the figure of about $40 per capita was totally with the recommendations of the black compared with a national figure of about $50 deaths in custody royal commission? If not, per capita. In the past two years, we have will he demonstrate his bona fides by ordering increased that level to $48 per capita, so there an immediate audit of progress in regard to has been significant movement in that the recommendations that pertain to the spending over that period. There have also Police Service? been significant recent improvements. A new Mr BRADDY: In relation to the incident mental health policy is now in place in that occurred yesterday, that is, the riot after Queensland, and a review of the Mental the delegation had attended at police Health Act is being undertaken. The purpose headquarters, I would like to make these of that review is to ensure that, when all the comments. First of all, the marchers had been information that is gathered from consumers, to police headquarters, and the Acting Police providers, administrators and other interested Commissioner admitted—— groups is pieced together, next year or at the beginning of the year after that, we will be Mr Cooper: What about the able to have the most progressive Mental recommendation? Health Act in Australia. Mr BRADDY: The member referred to the It is also important to acknowledge the riot in his question, so I am entitled to reply to importance of the recently released Solomon that. The Acting Police Commissioner report, which provides clear recommendations admitted a delegation—and rightly so—of to spend about $300m over the next 10 years relatives and Aboriginal leaders. They had a in the upgrading of mental health services in full and frank discussion. Although there was a this State. That is important. That provision fairly serious disturbance outside police exists in the Government’s commitment to headquarters in terms of a lot of shouting and spend $1.5 billion over the next 10 years in abuse of police, the police were able to control upgrading and improving the infrastructure of that situation very well. Unfortunately, upon all public hospitals in this State. That money is of the marchers leaving there and proceeding, clearly set aside. Queensland was the first as I understand it, down to the Roma Street State to adopt minimum standards for mental Forum, a bystander—unassociated with either health care. So very importantly, out of all the police or the Aboriginal movement—made that—— some unfortunate remark, and the melee and riot resulted. Unfortunately, this resulted in Mr SPEAKER: Order! The Minister is injuries to Aboriginal people and police beginning to debate the question. officers. 9 November 1993 5366 Legislative Assembly

I believe that the police handled the “In view of this indictment of Mr situation very well yesterday. They are very Harper’s behaviour as Minister, will he well attuned to all current matters, including now sack Mr Harper from Cabinet, or will the Aboriginal deaths in custody report and there be a continuation of Bjelke- other reports. They are being trained Petersen standards in relation to continually in relation to race relationships. In ministerial responsibility and propriety . . .” fact, there has been an acceptance of all the By his own standards, the Minister must and recommendations of the Aboriginal deaths in should resign now—today. custody report relating to both police and Corrective Services. I am aware that This report is damning of his negligence, information relating to each of those reports is damning of his incompetence, damning of his available. Most of them have been ignorance, and damning of his lack of implemented in full or in part. There is no leadership. If the Minister is to abide by his further need for any audit. We know precisely own standards and the standards of this which ones have been fully complied with and Government, and if the Government is to take which ones have been partially complied with. the parliamentary Public Accounts Committee I inquired about that previously in my capacity seriously, then he must go and he must go as Minister for Police. Recently, I received quickly. similar information in my new capacity as The first report of the PAC on the Minister for Corrective Services. There has problems identified by Mr Rollason clearly been substantial compliance with the implicated the Minister in the massive recommendations, and there is no need for problems in that department. That report, any further audit, because all the information supported by all members of the committee is available to me in both capacities. states— Mr SPEAKER: Order! The time allotted “The Minister”— for questions has expired. I repeat “the Minister”— “and the Director-General of the MATTERS OF PUBLIC INTEREST Department of Primary Industries share”— Department of Primary Industries I repeat “share”— Mr BORBIDGE (Surfers Paradise— “responsibility for the department’s Leader of the Opposition) (11 a.m.): In August accountability.” 1988, the member for Logan, when Leader of the Opposition, told this place— Clearly, by his own standards and the standards of the first PAC report on the “When it comes to the ultimate massive failures of management in the DPI, accountability, the ultimate accountability the Minister must resign. The Premier, whom lies with the Government and it lies with we all know has very special standards of the Premier and the Minister.” openness and accountability—we witnessed I submit to the House today that the Premier that here again today—leaves the member for has betrayed his rhetoric and he has exposed Mackay no option whatever. his duplicity. When the Auditor-General The Premier’s Cabinet Handbook handed down his second report on audits states— performed for the 1991-92 financial year he “Responsibility for departments is stated in relation to the Department of Primary placed in the hands of Ministers and, to Industries— the greatest possible extent, through “In my long audit experience I have Ministers to their chief executives. It is the never encountered a more extensive policy of the Government to enhance series of discrepancies in the accounts of ministerial responsibility and a public sector entity.” accountability consistent with its collective That was in March of this year. In September commitments.” 1989, when the current Primary Industries The Premier therefore has absolutely no Minister was the Opposition spokesman on choice in this matter unless he is a massive Primary Industries, and he was responding to political fraud. After what the Auditor-General the report of the Public Accounts Committee himself has described as, in his long audit into alleged rorting of the drought relief history, the most extensive series of scheme then in operation, which was discrepancies in the accounts of a public unproven, he asked in a question of the then sector entity, the Premier, by his own Premier— standards, must sack the member for Mackay, Legislative Assembly 5367 9 November 1993 if the member has a crisis with his own were still abrogating their duties—still fast standards. asleep—as late as March 1991, even after the Anybody who reads this report will see PSMC review began. That is when the very clearly that the ministerial culprits in this Premier wrote to the Minister, according to matter ultimately include not only the Minister evidence before the committee, urging a but also the member for Logan and his entire hurry-up on the DPI amalgamation. There was Cabinet. They have, in the past four years, no evidence before the committee that even collectively thrown more hospital passes this personal intervention by the Premier woke through ignorance and inexperience to the the Minister. Queensland public service than it received in According to the majority, it was only the previous 40 years. when the report of the Auditor-General on the Their joint failure is clearly established by state of financial management within the a great deal of evidence before the department was revealed in August 1992—yet committee, and never more clearly than by another year and more down the track—that correspondence from the Premier himself on the Minister recognised the scale of the 22 December 1989 in which he informed Mr problems in his department. The Minister was Miller of the formation of a Cabinet—I repeat asleep. He was missing in action, along with “Cabinet”—machinery of Government the Cabinet subcommittee, from December subcommittee which was, and I quote directly 1989 until late 1992, and there are no from the majority report— mitigating circumstances for them. In some of the most extraordinary evidence before the “. . . to oversee the interim restructuring of committee, it was clear that the PSMC knew these departments prior to their review by of the financial management problems the Public Sector Management emerging in the department as early as the Commission.” first months of 1991, when it began its review. That PSMC review did not start until February Did Dr Coaldrake pass this on to the Minister? 1991. Where was that subcommittee of Apparently not. Cabinet established by the Premier for over a The Minister is to this Cabinet what year—from December 1989 until February Sergeant Schultz was to Hogan’s Heroes. He 1991? Apparently fast asleep, along with the knew nothing. As was the case with Sergeant Minister. Schultz, “Sergeant” Casey’s only means of The fact is that the Director-General of survival is to be seen to have known the DPI, whom the majority seek to make the absolutely nothing and for that to be found by fall guy for the Minister in this report, was the people of Queensland to be an anything but secretive in the way he went acceptable state of affairs for a Minister. about the restructuring of his department. The bottom line is that the transition to a From shortly after the announcement he single financial system covering the former clearly and openly adopted a three-year plan departments of Water Resources, Forestry which gave the integration of the three and the DPI fell apart because, when the separate financial administration systems a Government finally started taking an active low priority. This is the area where problems interest in the affairs of the department, the ultimately developed. directives were too late and too wrong. The Mr Miller devised this approach after a fact is that while the Minister and the Cabinet visit to Canberra where he spoke to subcommittee were asleep, Mr Miller was bureaucrats in Commonwealth departments going about the job in the manner he had who had gone through this sort of change— devised, without contradiction, immediately people who had actually experienced it. It is following the amalgamation announcement in very clear from the evidence that Jim Miller December 1989. At the time the Government was given some sound advice. If there was a not only decided that it wanted him to problem, even a perceived problem, with the amalgamate the financial management approach that Jim Miller was adopting, then structures of the department in time for them either the Minister and the subcommittee of to operate in the 1991-92 financial year but Cabinet had both the authority and the also actually put in place, via the PSMC, some responsibility to pull him up. They did not. mechanisms for ensuring the project went Jim Miller was doing his job to the best of ahead at the dictated rather than the guided his ability, on substantial advice from people and controlled pace. The department was who knew something about the scale of what neither ready nor equipped to proceed. he was seeking to achieve. Clearly, both the The corporate services management of Minister and the Executive were not. They the department had been gutted by forced 9 November 1993 5368 Legislative Assembly redundancies—redundancies that the Minister a proud political party. I ask the weak-kneed knew about, redundancies that the Treasury Liberals of this Parliament: what would the late knew about and redundancies that Cabinet Sir Robert Menzies think of their wimpish had endorsed. The report shows that there collapse? was hardly a soul left, in any position of Mr Cooper interjected. authority, with knowledge of the three complex and different financial management systems, Mr SPEAKER: Order! I warn the member when Jim Miller was forced to rapidly for Crows Nest under Standing Order 123A. I amalgamate the corporate services areas of am going to listen to the member for Brisbane the plan he had been clearly and openly Central and not to other members in the working on, without ministerial contradiction or Chamber. Cabinet subcommittee contradiction, since the Mr BEATTIE: Maybe Paul Everingham final weeks of 1989. No wonder the system fell was right, and the Liberals in this House are a apart. This would have been perfectly obvious pack of wimps. Maybe I judged poor Paul too to a Cabinet subcommittee which was doing harshly; perhaps he knew them better than I its job and to a Minister who was doing his job. did. Clearly neither was. Let us look at the standing of the Liberal There is now a rapidly growing body of Party in the community. An analysis was evidence that this Government cannot carried out by the Courier-Mail , which gave an manage. The Queensland public service did indication of why the Liberals are cavalcading not change in December 1989; only the down the road of amalgamation with the Government changed. Jim Miller must go National Party. The independent political because he is the responsible officer under reporters of the Courier-Mail stated of Joan the Financial Administration and Audit Act. Sheldon— The Minister must go because he has “Struggles in the cut and thrust of displayed such a signal lack of leadership and debate against the experienced such unmentionable ignorance of what was sluggers.” happening in his department as to make him unfit for office. What do those reporters say about John Goss? Time expired. “Probably the most exposure he has received is the latest publicity that he is a Amalgamation of Liberal and National ‘stud’ rather than the wimp label applied Parties to him by Paul Everingham.” Mr BEATTIE (Brisbane Central) What about Denver Beanland? (11.10 a.m.) I rise today to raise a grave “Still thought of as Mr Dreamland.” matter which is extremely sad for the Queensland Liberal Party. It is very sad What about Santo Santoro? indeed. I refer to the takeover of that once- “Sees himself as a power broker proud Queensland Liberal Party by the within the party, but has no support.” National Party. This takeover of the Liberals Mr Stephan interjected. has been misnamed the amalgamation of the Liberal and National Parties. Let there be no Mr SPEAKER: Order! I warn the member doubt in the minds of all Queenslanders: this for Gympie under Standing Order 123A. I am is not amalgamation but the final collapse of going to have silence from members in the the Liberals as a result of the National Party House, except, of course, the member for onslaught—an attack which was started by Sir Brisbane Central. Joh Bjelke-Petersen 10 years ago in 1983 Mr BEATTIE: What about Ray Connor? when the then Liberal leader, Terry White, had “Too often went off half-cocked on the courage to walk out of the National Party prison stories not properly checked out.” dominated coalition over the need for a parliamentary Public Accounts Committee. What about David Watson? This takeover, through a so-called “An honest trier, but does not have amalgamation of the Liberal Party with the much presence and is a disappointment National Party, would see the end of what was to colleagues.” once indeed—— What about Bob Quinn? Mr Livingstone: A sell-out! “. . . has not been heard of to any great Mr BEATTIE: I take that interjection. It is degree.” a sell-out. It will see the end of what was once What about Bruce Davidson? Legislative Assembly 5369 9 November 1993

“. . . does not have the political Gordon Chalk think of this Liberal capitulation? sophistication for higher office.” He was a great Queenslander in the true What about Bruce Laming? Liberal tradition—a man for whom I had great respect. Sir Gordon, who stood up to Sir Joh “New to politics and still to make any and the bullyboy Nationals, would have been mark.” mortified by such a Liberal capitulation. Where Is it any wonder that that lot is is the old Liberal courage? Where are the capitulating to the National Party onslaught? If gutsy Liberals such as Chalk or Menzies in the members read the press releases, they would Liberal Party now? Sadly, they have all gone, see what led to this debate. One only has to to be replaced by Paul Everingham’s wimps. look at the picture of Mr Borbidge and Mrs Indeed, as I said, I owe Everingham an Sheldon in the newspaper article that I am apology: they are wimps. This amalgamation holding. Are they not cuddly? What a pretty is the rape and pillage of the Liberal Party, its picture of the honourable members! The real traditions and what it once stood for. All that question is: will this marriage ever be the Liberals in this House can do is lie back consummated? and think of England—let it happen. Peter Charlton summed up this What, pray tell, will this new amalgamation issue very well. He stated— amalgamated party be called? Maybe they “Mr Rob Borbidge’s promise that could call it the White Shoe Trendies, because neither party in a future coalition would very few of its members live in Brisbane; they use its numerical strength in Cabinet is are all on the coast. Maybe I am being too short-term expedience for instant harsh on them. Perhaps they could call it the gratification. A kind of political ‘of course Niblets, or the Pawpaw Party, or, better still, I’ll respect you in the morning.’ ” the Queensland Reactionary Party or the Queensland Whingers’ Party. Even better, What a marriage! I thought this cartoon in the perhaps they could call it the Queensland Courier-Mail that I am holding up was pretty United and Conservative Coalition—QUACC accurate. It illustrates that a duck is on the for short. Maybe they could call it the Country bed and the marriage is about to be Liberal Alliance Party. What an acronym that consummated. All they can get is a very loud would make! I can assure members that no- “quack”. one would fall for that claptrap. Let us look at the history of this issue. But it does not matter what they call this When the honourable member for amalgamated party because in Brisbane the Indooroopilly was elected as the Leader of the party will be an electoral disaster. Make no Liberal Party in May 1990—they go through mistake about it; Labor will laugh all the way to leaders—a newspaper article stated— the ballot box. The people of Brisbane will see “The new Queensland Liberal this new party as simply the National Party Leader, Mr Beanland, yesterday rejected trying to move back into Brisbane seats. The renewed National Party calls for closer people of Brisbane remember well the ties as ‘flogging a dead horse’. corruption that the National Party brought to And he said the Opposition Brisbane, particularly in parts of my electorate Leader”— such as Fortitude Valley, and they will not have a bar of it. I repeat: the people of at that time Mr Cooper— Brisbane will not have a bar of it; do not worry “. . . was embarrassing the Nationals about that. by continuing his push for conservative What about the policy difference between party unity.” the parties? The member for Clayfield is Mr Beanland stated further— supporting the reintroduction of the death “Mr Cooper had completely misread penalty. The member for Callide is single- the signs if he believed the resignation handedly following Sir Joh’s hatred of the from Parliament of the former Liberal parliamentary committee system in this leader, Mr Innes, would lead to a closer Parliament. On every occasion on which she working relationship between the two rises to speak, she says that she wants it parties.” destroyed. The policy differences between the parties are immense. Prior to the last election, A Government Member: At least he got an article in the Sunday Mail set out those something right. differences in policy. I table that article for the Mr BEATTIE: He did. What does Mr information of the House, because it is Beanland say about that today? I will come important that members be aware of those back to the point. What would the Late Sir differences. 9 November 1993 5370 Legislative Assembly

The differences in policy include industrial when they expressed caution and opposition relations and tax. Each party stood a to amalgamation. We heard this response candidate against the other’s leader. from Mr Everingham on the ABC program Honourable members would remember that in Daybreak — June 1992, Joan Sheldon, the Leader of the “I think if you wait for the rest of the Liberal Party, asserted that Trevor Coomber coalition to catch up with the Queensland would beat Borbidge when the Liberals Liberals, you would never do anything. jumped the electoral fence and challenged After all, Queensland Liberals are far the Opposition Leader in that seat. So not ahead of the rest of the country.” only are there differences on policy to the extent that the National Party is trying to If that is the sort of thing he is saying, one support some sort of orderly marketing and has to ask: what is he on? What does he the Liberal Party is supporting market forces smoke? What does he drink? That gives a but also, during the last election, the leaders clear illustration of how out of touch the of both political parties were opposed in their Liberals are. They will be thrashed at the ballot own electorates. box. They had better enjoy the short time that they have left. The chances of an agreement are small indeed. However, I turn to one difference in policy that concerns me. In May 1992, Mr Department of Primary Industries Borbidge released a document containing his Mr PERRETT (Barambah) (11.20 a.m.): local government policy, which he said would The central element in Wayne Goss’ rhetoric be implemented as part of his program. He has always been openness, honesty and stated— accountability. We have been hearing it “Parts of the City of Brisbane would incessantly for the past five years. But the be excised and added to those Premier’s inactivity since the Public Accounts contiguous local authorities nearby.” Committee reported last week shows that Mr Borbidge wants to bust up the low-rates rhetoric for what it is: it is nothing more than Brisbane City Council and give parts of empty words and hollow boasts aimed at Brisbane away to surrounding high-rates deceiving voters. Even the majority report of councils. If Mr Borbidge wants to do away with the inquiry into the DPI offered the Premier all the concept of a Greater Brisbane local the evidence he needed to make his rhetoric authority, I want to know where Bob Ward reality. stands on this issue. Does he support giving The majority did its best to ignore away bits and pieces of the City of Brisbane to ministerial responsibility for the proper running the neighbouring councils? of departments, but the Premier knows better. Mr Johnson: You’ve made that up. He has preached ministerial responsibility for too long to ignore it now and retain any Mr BEATTIE: The member should read credibility. In simple terms, the Minister for his own policy document. He does not even Primary Industries, Mr Casey, must go. He has know what his party is promising. Does Bob failed the Government, his department and Ward support the breaking up of the Brisbane the primary producers of Queensland. The City Council? Does the former Lord Mayor, Auditor-General reported to Parliament that he Sallyanne Atkinson, agree with that? What had never encountered a more extensive does Joan Sheldon think of it? What will the series of discrepancies in a public sector body. Liberals be saying at the Brisbane City Council level? Will they be supporting the break-up of An inquiry by the Public Accounts the City of Brisbane? It will be very interesting Committee was both proper and inevitable. It to hear what they have to say, because they was also inevitable, but certainly not proper, have been misleading and they have been that Labor blamed the public servants. But the trying to be deceptive about their policy. The public servants should not have been alone people of Brisbane will not wear a break-up of on the PAC griller. The Minister should have the City of Brisbane, which is what is being had the courage to front up and explain his supported by the Nationals. own failure to realise what was happening and to act on it. The Goss Government’s own I will deal with a couple of other matters. Cabinet Handbook has this to say— Not only will there be policy differences but also the parties will have difficulties with a “Responsibility for Departments is whole range of personalities, and the brawl will placed in the hands of Ministers and, to continue. A good illustration of that followed the greatest possible extent, through some comments that were made by John Ministers to their Chief Executives. It is Hewson and that intellectual giant Tim Fischer the policy of the Government to enhance Legislative Assembly 5371 9 November 1993

Ministerial responsibility and ministerial denials, the Budget papers show a accountability consistent with its collective net loss of 726 staff since he took over commitments.” nominal control of the DPI. The most critical The Cabinet Handbook is dead right. Under staff losses came about after a review of the our Westminster traditions, the buck stops department by the Public Sector Management squarely on the Minister’s desk. It is futile for Commission. That redundancy program the Minister to proclaim his ignorance. If he included the key people who would be wants the pay, the limousines and the jets, he needed in managing the complex must take some responsibility. After all, he has amalgamation decreed by a Government a huge personal staff of highly paid and determined on change for the sake of politically appointed operatives to help him change. know what is going on. They should have kept There was the forced pace of an eye on things and then briefed the change—an insistence that everything should Minister, who would have to accept happen quickly, instead of the three years responsibility in any proper Government, of advised to the director-general by the Federal course. But this is the Goss Labor department. But, as usual, the academics in Government, and it has betrayed the public the PSMC knew better than the Canberra service. That it was public servants who was people who had already experienced such an asked to wear the rap for the scandal is amalgamation. There was also the massive evidence of the political cowardice and change in the focus for the department. treachery of the Labor Government. Again, that change has been denied by the Public servants can operate only in Minister time and again, but it is there in the accordance with the wishes and directions of evidence given to the committee. their political masters. That is basic to the I refer honourable members to evidence Westminster traditions of ministerial given by Mr Miller at the public hearing. He responsibility and a professional and apolitical stated— public service. Those traditions demand that “. . . we were required within that constant public servants give their loyalty and best dollar budget to move quite a bit of our efforts to the Government of the day. resource away from our traditional The other side of the coin is that Ministers regional research activities which support are the public face of the department, production systems, to integrated accepting both blame and praise for the way catchment management, land care—a their policies work out. That is the part of the whole range of the new type of activities equation that the Government and its in terms of natural resource management Ministers choose to ignore. This is just the that we had not done to that extent latest example of a Government whose previously.” Ministers take the credit for what goes well, How often has the Minister in the media and but blame public servants for everything else. in the House denied that these things were The Labor Party has heaped responsibility going on? There can no longer be any doubt onto public servants for a scandalous situation that the Minister and the Goss Government flowing directly from political decisions with have consistently misled Parliament, producer respect to the DPI. groups, DPI staff and the people of The decision to amalgamate DPI with Queensland. There can be no doubt that Water Resources and Forestry was taken by there were massive difficulties facing the DPI Labor. So was the massive budget cut which staff in getting amalgamation bedded down. denied proper resources to amalgamate the There can also be no doubt that there were separate accounting systems. Even the direct failures, but they were not failures of the public evidence quoted in both the majority and servants alone. minority reports makes that much plain. While Last week, the PAC minority report made the State Budget grew almost 18 per cent, that clear with this paragraph— there was a budget cut of 20 per cent over three years for the DPI. This was denied over “The minority believes the Minister and over again by the Minister in the House was fundamentally negligent of his and everywhere else, but it was accepted by specific statutory responsibilities in not the committee. That cut alone would have leading, and adequately supporting, his made for dreadful problems for the director- Department at a time of massive general and his management team. change.” There was a massive redundancy What a pity the majority chose to ignore the program to cope with. Despite years of words of the PAC Chairman, Mr Hollis, when 9 November 1993 5372 Legislative Assembly he wrote in April this year what we all know to putting the squeeze on his department and be true— then bolting when things went wrong. “The Minister for Primary Industries That the hearing had to be held at all is a and the Director-General of the damning indictment of the Goss Government Department of Primary Industries share and the Minister for Primary Industries. That it the responsibility for the Department’s was public servants who were asked to wear accountability.” the rap for the scandal is evidence of the If the Goss Labor Government really believed political cowardice and treachery of the Labor in honesty, openness and accountability, the Government. A Minister with even basic Minister would have resigned the day the competence or a passing interest in his duties report was released. If he did not do that, the would have known what was happening. He Premier would have had the courage to sack would then have helped his management him. Nothing less will be satisfactory. Today in team to work through the problems. This one this House, we heard the Premier not only chose to throw his public servants to the condoning the report but also defending his wolves, and the Labor Party has chosen to lop incompetent Minister. off public servants’ heads to protect a grossly incompetent Minister. If the circus manager Labor’s damage control team is already does not like the tune, he sacks the organ denying that the Minister should be held in grinder, not the organ grinder’s monkey. The any way responsible for what happened in his monkey is much better trained and much department. Like the Minister himself, they are harder to replace. The Public Accounts saying that the accounts are now in order and Committee reports into the DPI scandal that the Minister acted fast when problems should see the Minister removed on the were brought to his attention. The minority ground of ministerial responsibility having report, based on the evidence before the been abrogated. Rural Queensland can no committee, puts the lie to that. It makes it longer afford his mismanagement of such an clear that the Minister knew there were major important department. problems in the department in March 1992 and not, as the majority would imply, in August 1992. Amalgamation of Liberal and National The unchallenged evidence, again, came Parties from Mr Miller, who stated— Mr BARTON (Waterford) (11.30 a.m.): It “I must say that I was not aware until is my intention to talk about the proposed the risk analysis was done in March 1992 amalgamation between the National and of the state that we were in in terms of Liberal Parties. I think that we are all entitled the actual books of account. The Minister to ask the question: can they achieve was advised about that. He received a amalgamation? If those parties achieve copy of the risk assessment report, as did amalgamation, what form will it take? Can the Treasurer and the Auditor-General.” they become an effective Opposition? They are certainly having a lot of difficulty with that The Minister and Mr Miller found out with the task at present. I also suggest that, in light of financial mess by means of the same report, what has taken place in recent months, if we which went to both men at about the same are waiting for amalgamation for those parties time. to be an effective Opposition, we will obviously If Mr Miller should be held responsible for be waiting for a very long time. We are entitled what was going on before he found out about to ask the question on behalf of the public of it, then why not the Minister? It is also no use this State: are the National and Liberal Parties the Minister trying to wash his hands of the committed to the idea of amalgamation? Are day-to-day running of his department—to they really serious about it, or are some other claim some virtue in an arm’s-length style. plots being played out behind the scenes? The minutes of a senior management It is interesting to examine some of the team meeting in June last year record the comments made in the press in recent Minister’s personal intervention to ensure the months because, in my view, those comments removal of $900,000 from the Agricultural cast doubt on the commitment of the Liberal Production Group. He intervened when it and National Parties to amalgamation. The suited him and ignored the department at Bulletin of 10 August 1993 stated— other times. For most of the time, he has abrogated his responsibilities. The PAC report “Sheldon refuses to accept time provides disturbing evidence of a Minister Legislative Assembly 5373 9 November 1993

limits for amalgamation, which puts her at Gregory would be very worried, because he is odds with Borbidge, who has demanded facing a long term in Opposition. an agreement by next December.” If this amalgamation were to take place, There then appears a direct comment from who would be the losers and who would be Mrs Sheldon— the winners? The Liberals would very clearly be the losers, because it has already come to “ ‘There would be nothing worse than pass in the discussions between the Liberal amalgamating in haste and then finding it Party and the National Party that there will be is not going to work,’ she says. ‘That no more three-cornered contests, except by would be disastrous. He might say it but agreement in Labor’s marginal seats. The Rob’s not the only player in the field.’ ” Liberals hold nine seats now. That is a recipe What sort of commitment to amalgamation is for ensuring that they will hold fewer than nine that? It is also interesting to read the seats in the future. In the past, the only seats comments by Paul Everingham, the President that the Liberal Party had any real opportunity of the Liberal Party, in the same Bulletin to pick up were those on the north coast and magazine. He stated— on the Gold Coast that they swapped with the National Party, depending on where our “ ‘December is a completely arbitrary preferences went. date which has been plucked out of the air by Mr Borbidge. He has his eye on It is my suggestion that the abolition of only one thing—he believes three-cornered contests would put the amalgamation will help win the next National Party in the box seat. But what do Queensland election—but it is a much some of the Liberals say about it? Recently, bigger issue than that.’ In language which Senator Ian Macdonald made a comment in does not bode well for a merged party in the press about the subject. About the only any form, Everingham describes the thing that he has going for him is that he ultimatum as ‘ill-considered and comes from my home town of Ayr. I used to petulant’.” have to put up with him as a prefect at high school, and that was not easy. In the That comment was made by the President of Townsville Daily Bulletin of 1 November this the Liberal Party in this State. The only year, Senator Ian Macdonald called on the sensible decision that he has made in recent Liberal Party not to abandon three-cornered times is to set up a practice in the town of contests. The article stated— Beenleigh. “ ‘Under no circumstances should we There is also a direct comment in that give in to National Party suggestions that article from the Leader of the Opposition. The Liberal candidates not contest seats in article states— North Queensland, particularly in the “Borbidge maintains he is serious Cairns, Townsville, Mackay and about his December deadline. ‘As far as Rockhampton regions.’ I’m concerned, it’s December or nothing’, . . . he says. ‘We can’t allow limited resources Senator Macdonald said there had to be consumed indefinitely looking at our been a resurgence of the Liberal Party own navels.’ ” vote in the North at the expense of Labor The article also contains comments by the and National. previous Liberal Party Federal President, ‘In the last federal election the Ashley Goldsworthy, which indicate that he is Liberal vote increased by 11 per cent on opposed to the State amalgamation. I average in the seats of Leichhardt, suggest that, in the light of those comments, Herbert and Capricornia.’ ” and particularly when the Leader of the Opposition is saying very clearly and very He then went on to talk about Dawson being a coldly, “It is December or nothing”, we have to potential gain for the Liberal Party and that, at be a bit concerned about whether the National the State election, the Liberals gained a 16.4 and Liberal Parties are sincere in proposing per cent swing in the Cairns-based electorates this amalgamation, or whether there is of Barron River and Cairns and a 5 per cent another agenda behind it. swing in Townsville and Mundingburra. He then stated— Mr Robertson: Is it any wonder the member for Gregory looks so worried? “ ‘Under no circumstances should we relinquish these types of seats to the Mr BARTON: I think that the member for Nationals. If not already they are rapidly becoming natural Liberal seats.’ ” 9 November 1993 5374 Legislative Assembly

Again, that does not seem like a very good As recently as yesterday, the Courier-Mail basis for amalgamation. contained an article in which the Young We also need to scrutinise closely Liberal Federal President, Trent Zimmerman, comments by the Leader of the Opposition on was sulking about how amalgamation would the Rod Henshaw program on 1 November be an absolute disaster and that they are this year. Mr Borbidge stated— better off having “strength in division”. That was an interesting headline; it was probably “We’re not operating to a two year thought up by the Courier-Mail. timetable. I consider the matter has to be resolved one way or the other, not later The National and Liberal Parties certainly than about the middle of next year. But do not have unanimity in Queensland, and what I do want to see is substantial they certainly do not have it nationally. It progress made by Christmas, and I seems that the National Party is pursuing believe that the matters arising out of the amalgamation very heavily at the expense of negotiations . . . ” the Liberal Party. The two parties do not seem to have agreement on the timetable for At that point, Mr Henshaw interrupted the amalgamation. Rob Borbidge has been given Leader of the Opposition. In other words, he is the banner by the National Party to try to get pushing the matter along. However, on the this up quickly and to get a good deal on same program, the Deputy Leader of the behalf of the National Party at the expense of Coalition, Joan Sheldon, stated— the Liberal Party. Of course, Rob Borbidge’s “You’re talking about merging two leadership is so weak that the famous major political parties in the State and in Toowoomba connection of the National this nation. Now if this isn’t done properly, Party—David Russell, and Mike Horan and the then we’re going to have problems down other members from around Toowoomba who the line.” are not happy with Borbidge’s white-shoe Later in that interview, the Leader of the brigade type leadership—are pushing him into Opposition, Rob Borbidge, stated— a position in which he potentially cannot achieve the timetable that has been set for “I can assure him that I will not be him. Those people will sit back and wait until supporting any proposal that will after the Brisbane City Council elections, and jeopardise John Hewson or Tim Fischer or then we are likely to see a push by the the Federal coalition.” National Party to replace Rob Borbidge with Talk about double talk and mixed messages Mike Horan. In effect, amalgamation will be being sent out! The two leaders seem to be in the present Opposition Leader’s last stand. conflict about who is in favour of Very clearly, there does not seem to be any amalgamation, but Mr Borbidge maintains other conclusion that can reasonably be that he will not jeopardise his Federal construed from this because he has been sold colleagues. a dummy. Everybody in the Federal The Toowoomba Chronicle of Opposition, Fischer, his Federal Leader 1 November also contained an article about Hewson, Howard, the Young Liberals—— this matter. In that newspaper, the National Time expired. Party stated very clearly that it has thrown the ball to the Liberals. The article stated— Whitsunday Shire Council “The party earlier decided to drop three-cornered contests against sitting Mr SANTORO (Clayfield) (11.40 a.m.): I MPs and select a single conservative wish to raise today an issue which is of great candidate to contest marginal Labor-held concern to the councillors of the Whitsunday seats. Shire Council and the majority of the people represented by them. The issue relates to However, this move is yet to be allegations which have been raised in relation ratified by the Liberals.” to various councillors on the Whitsunday Shire The article goes on to talk about the ball being Council, investigations of these allegations by in the Nationals’ court in relation to joint the CJC and the lack of finality to these Senate tickets. It seems that the push is being investigations. The councillors affected are led by the Toowoomba people. The article concerned that, with the local government gives a fairly good indication that it seems to elections due early next year, it is imperative be all about the National Party getting the that the issue is resolved as soon as Liberal Party to drop three-cornered contests possible—very preferably prior to and coming on board with them for a joint Christmas—so that the political campaigns Senate ticket. and the outcome of the election are not Legislative Assembly 5375 9 November 1993 tainted by the innuendo and smear inherent in applications to the council, given that the this issue. company operated on land owned by his This issue first came to public notice in brother. At this stage, I wish to quote 1991 when malicious rumours were spread Councillor Patullo directly— about an alleged conflict of interest on the “When the Councillors and the Shire part of the Whitsunday Shire Council Clerk found I was to make no financial or Chairman, Councillor Glen Patullo. The other gain from my brother’s business allegations were given their greatest force and dealings, they declared I had no impetus in a speech made in this place on 28 pecuniary interest but I decided to stay April 1992 by the honourable member for neutral and left the room.” Whitsunday, Mrs Lorraine Bird. Within that The State Ombudsman also found to this speech Mrs Bird, under parliamentary effect. Despite this, Councillor Patullo and his privilege, accused Councillor Patullo of council decided to call in the CJC and open feathering his own nest via a conflict of their affairs totally to the investigative might of interest involving a privately owned quarry, the this body. Whitsunday Crushers, which operated on land owned by his brother, and the Whitsunday This is where I come to the main point of Shire Council quarry. Mrs Bird went on to this contribution, that being that the CJC has suggest that Councillor Patullo was trying to still not brought down a finding or concluded close the shire council’s quarry so that the its investigation—two years after Councillor Whitsunday Crushers’ quarry, operating on Patullo and the council asked it to look into Councillor Patullo’s brother’s land, would their affairs and 18 months after Mrs Bird benefit. made her rather scurrilous and defamatory speech in this place. This unacceptable Members might be interested to know situation is, of course, having very detrimental that allegations of conflict of interest arose in effects on the personal and political lives of 1991 when commercial quarry operators the people concerned. Innuendo and smear complained that the council’s quarry was are being circulated in the local community of undercutting prices for supplying a private Whitsunday. In the absence of a finding and construction project and selling material at announcement by the CJC, the ferocity of the below cost. Whitsunday Crushers was one of innuendo and smear will only get worse. This the complainants and, during a deputation of is, of course, having a very harmful effect on Whitsunday Crushers management to the the personal lives of people such as council, it was established that, whilst the Councillors Patullo, Moscato and McCullough. council quarry was charging the private They are personally suffering as are, of construction project $14 per metre, Division 2 course, members of their families. of the Whitsunday Shire Council—in other words the ratepayers—was being asked to Secondly, the lack of a CJC pay $28 to $32 per metre for the same determination is having a serious impact on material. the ability of the council to function properly and efficiently. I am told that the CJC holds It is no wonder that Councillor Patullo and many council documents and files, some of other councillors targeted by Mrs Bird which are required for the normal running of immediately set about making inquiries with the council which, after all, is trying to properly the view to protecting the financial interests of represent and look after the interests of its their constituents and also making the constituents. council’s operations more accountable. Two of these councillors were Councillor Moscato and Thirdly, we are now rapidly approaching Councillor McCullough. With rumours about the 1994 local government elections and it is corruption and malpractice flying, the understandable that the councillors who have Whitsunday Shire Council, led by Councillor been slandered want the cloud which hangs Patullo, in October 1991 called in the CJC to over their names quickly removed. It should scrutinise and investigate, in the most minute be noted that, at the last local government detail, the affairs of the council. Members election, Councillor Patullo received a huge should note that this occurred a full six months majority, and the other councillors who have before Mrs Bird raised this issue in the been slandered similarly enjoy great electoral Parliament. and community support. They are perceived, and rightly so, as being part of a progressive It should also be noted by members in and forward looking council, which is doing a this place that Councillor Patullo also offered good job for the people of the Whitsunday not to participate in any council decisions shire. involving the Whitsunday Crushers’ 9 November 1993 5376 Legislative Assembly

They cannot understand why Mrs Bird Lorraine Bird under parliamentary displays so much animosity and maliciousness privilege. towards them. Perhaps it has something to do It is my belief that the Member for with the story doing the rounds that Mrs Bird’s Whitsunday, Lorraine Bird has attempted husband, John Bird, is thinking of running to conspire to pervert the course of justice against Councillor Glen Patullo at the by the misuse of parliamentary forthcoming elections. I should add at this privilege . . . as the matters pertaining to point that Councillor Patullo has absolutely no Mrs Bird’s allegations have already been fear and no reservations of concern about that requested to be investigated by the possibility. He would welcome—— Whitsunday Shire Council and Mr Stoneman interjected. investigations had already been Mr SANTORO: I take the interjection proceeding for the Criminal Investigation because, from discussions that I have had Branch, Whitsunday Branch. with people in that area, that is a common In closing I request that you belief. They cannot understand why Mrs Bird, acknowledge receipt of this complaint right from the start of her time in this and deal with same accordingly.” Parliament, has fought with Councillor Patullo Councillor Patullo and the shire council and his council. She has accused the council have never sought to hide any information of being “the environmental vandals of the and have never sought to pervert the course decade”; she has supported the formation of of any investigation conducted by the CJC. a rebel anti-Patullo group; she has failed to They have always been totally up front and support the majority of the council in its utterly and totally open and accountable to attempts to bring back efficiency in its any investigative body, including the administration by resolving the shire clerk Ombudsman, who cleared Councillor Patullo. debacle; and she has assisted the opponents of the Whitsunday Shire Council’s position on The latest and very public victimisation of the local authority boundary issue. As the local the Whitsunday Shire Council relates to that member, she has not been at all supportive of council’s attempts to dismiss its current shire a democratically elected council—a council clerk. It should be noted that the council’s which is quite prepared to work with her, as dismissal of the shire clerk, which was the local State member, in the interests of subsequently overturned by the Goss their constituents. I call on Mrs Bird to work Government, was supported by the majority of with Councillor Patullo and his council for the the councillors on the Whitsunday Shire benefit of their constituents. I say, “Forget the Council, the Local Government Association of politics and look after the people, just for Queensland and the majority of constituents once!” who had to deal with the incompetencies of the office of the shire clerk. It should be noted Also, I intend writing to the CJC and by honourable members that the shire clerk encouraging it to bring its investigation into the was sacked for reasons that had nothing to do affairs of the Whitsunday Shire Council to a with any investigation under way by the CJC. conclusive finality. The council has denied the claim by the In my view, Councillor Patullo has Minister for Local Government that Mrs behaved in a proper and accountable manner Brookes was being fired for being a CJC in his capacity as chairman of his council. He whistleblower. It should be noted that the requested—and his request was dismissal was supported by staunch Labor granted—that investigations be conducted supporter—and Mrs Bird’s supporter— into the allegations made against him—and Councillor Beryl McLennan, who has been he did this well before the politicians in this ignored by Mrs Bird ever since. I am told that Parliament became involved in this issue. He Ms McLennan is not particularly perturbed by and his council deserve an answer, and they that fact, either. and I believe that two years has been more Of course, only yesterday the Goss than a sufficient wait for this answer. Government announced that an injunction On 6 October 1992 Council Patullo, on has been sought and issued against any behalf of his council, in fact wrote to the action on the part of the council to take further Criminal Justice Commission— dismissive action against the shire clerk. So “As Chairman of the Whitsunday much for this Government’s respect and Shire Council, I would like to make a support for the independence of local formal complaint to the Criminal Justice government! The question is why? Why is the Commission about certain allegations Whitsunday Shire Council again under fire, made by the Member for Whitsunday, targeted and victimised? That is a question Legislative Assembly 5377 9 November 1993 that only the people on the other side of this should be forever and that to think otherwise place are able to answer. I would urge them to would indicate lack of commitment. do so. Bearing these in mind, why then would In the few minutes remaining to me, I the Liberal and National Parties in shall address briefly the remarks by the Queensland be considering marriage, given previous two Government speakers. the fact that on all counts they fail the test and Whenever the Government starts paying so fail it comprehensively? The marriage—and much attention to processes such as they call it an amalgamation—has been amalgamation and closer and greater conceived not out of love but out of cooperation, it is clearly worried. The latest desperation. Both the Nationals and their city opinion polls show clearly that the Goss gloss cousins face a long and lonely life in the is on the decline and that Liberal Party and political wilderness, and both see this as their National Party support in the community is on last chance to avoid that eventuality. the increase. The last thing that members on This is not the first time that this odd the Government side of the House want is an couple has tied the knot in this State. On 26 amalgamation or closer cooperation between June this year, in the Weekend Independent, the Liberal Party and the National Party. Paul Reynolds pointed out— Mr Beattie: That’s not true. I’m a strong “Amalgamation was tried in the supporter of amalgamation. 1920s. The Moore government (1929-32) Mr SANTORO: I have news for the was an amalgamated conservative members opposite. We are cooperating. government, defeated by the depression Perhaps over the next few days, in common and its own ineptitude. As the 1930s with Mr Beattie, we will also pick up the local progressed, urban conservatives began newspaper and read the litany of ridicule and to drift away, culminating in the formation abuse that was hurled at this Minister a week by Brisbane businessman J. B. Chandler, later by the very same columnist. To pick up a of the Queensland People’s Party which, paper, as Mr Beattie and others did, and read in turn, in 1949 became the Liberal Party from it without any research or recognition of (Queensland Branch). The Liberals thus the balance that needs to be instilled in that have an organic history of 44 years, contribution is facile. although protean ‘Liberal’ political groupings can be traced back to the 1870s-1880s. Amalgamation of Liberal and National Parties The same can be said for the Nationals. The formation of the QPP Mr PITT (Mulgrave) (11.50 a.m.): I rise to coincided with the reorganisation of rural speak about marriage—that institution which conservatism in the form of the Country has been the foundation of our Judaeo- Party, later the National Party. Both Christian society for over two millennia. Some groups could thereby come together with would say that successful marriages are made a common enemy, Labor, at a time when in heaven; that they are characterised by Labor governed (1932-57). After they certain fundamental features which are clearly won power, common needs kept them recognisable. Let us examine what these together until the Liberals sought to features may be. In that way, it may be become the larger party and the possible to predict with some sense of surety Nationals decided to go out alone.” the chances of success. Perhaps on reflection it may be obvious that the partners to this The lessons of history obviously have not contract should rethink their position before been learned. They have tried this particular rushing to the altar. practice and it has failed. Just what do the bride and groom actually have in common? Let me be so bold as to suggest that for Just what does each bring to the marriage? At a marriage to be truly successful it should first glance, the answers to these questions exhibit all or at least most of the following are quite obvious: both are implacably characteristics: a mutual respect by both opposed to Labor; both have their own partners for the values of the other; a desire constituency; and both see themselves as the for the union to produce outcomes which will natural party of Government. However, these bring joy and happiness to both of their characteristics were present in 1983 when families; a willingness to accept and both parties went through a very public and accommodate the strengths and weaknesses very messy divorce. of not only the partner but also those they call relations; and an understanding that the union Let us now consider the parliamentary behaviour of the now love-struck pair in this 9 November 1993 5378 Legislative Assembly

Chamber. Let us examine the National and In the News Weekly of 14 August this year, Liberal Party performance in 1990 during the following comment was made— question time, the Adjournment debate and “Political visions are not born simply the Matters of Public Interest debate. While because financial interests warn two suggesting what each opposition party parties to get their act together, or else.” regarded as important in 1990, these parliamentary activities also reveal the lack of As I said, this marriage has more to do coordination between them when it came to with money, or lack of it, than it has to do with confronting the Government. For the policy. Both parties are bereft of policies, and Nationals, the most popular subjects during where they do have them, they find it difficult question time were State economic issues, to find some common ground. The ministerial accountability, rural matters, health, amalgamation is not born out of any hope for education, welfare and transport. Only the a bright and new future. It is born out of fear State economy and health, education and by the leadership of both parties at the welfare issues were congruent with Liberal parliamentary level and out of frustration at questions, which additionally focused on the organisational level. Fear on the part of judicial, penal and legal issues, and party both leaders is quite clearly evident. The political propaganda. There were too few member for Caloundra retains the No. 1 spot Liberal contributions to the Adjournment in her party only because the various debates—only 17—and for the Matters of pretenders to the throne cannot gain the Public Interest debate, only 11. For the support of four of their colleagues. The Deputy Nationals, parochial concerns, health, Leader of the Coalition continues to look over education, welfare, rural matters and the her shoulder at the 1992 National Party environment were popular Adjournment candidate Liz Bell, who sees herself as the debate subjects, whereas for the Liberals, member in waiting for that electorate. party political issues, rural matters and State Surely, an amalgamation accompanied economic policy predominated. by an edict precluding three-cornered contests Division lists give some added emphasis must be seen as a welcome life raft for the to the case I put. In 1990, there were 133 embattled member for Caloundra. The rest of divisions, all of which were won by the the Liberals—with the exception of the Government. However, only on 68 per cent of member for Moggill and the member for these occasions, that is, in 91 cases, did the Indooroopilly—have not really had experience opposition parties combine against the of what a bunch of political thugs the Government. On 24 per cent of those Nationals can be when they have the whip occasions, that is, in 32 cases, the Liberals hand. The member for Mooloolah, as a combined with Labor against the Nationals, previous member of the National Party Senate and for the remaining 8 per cent the Nationals team before he became a Liberal, knows that. and Labor combined against the Liberals. There is no doubt that, as the Trojan horse for Obviously, there were serious differences of a the Nationals, he will be urging others to policy nature between the two opposition embrace the amalgamation cause. The parties. It is apparent that the Liberals were member for Aspley—when one can get him not pulling their weight. Their recent romance out of the cupboard or out from under the notwithstanding, these differences remain, not bed—knows that he will lose his frontbench only within the confines of this Chamber but position with amalgamation, as will the also out there in voter land amongst their member for Merrimac. respective dwindling bands of supporters. Amalgamation is no real worry for the The most cogent argument put forward to member for Clayfield, because he will not be support the amalgamation has come from the here after the next election. No Liberal, under financial backers of conservative politics in this whatever name, actually trusts him. And why State. I refer to an article that appeared in the should they after the stunt he pulled on the Cairns Post on 30 October this year, which 7.30 Report? In addition, one wonders just stated— how many sitting Liberal members will survive preselection under the party’s new rules. The “One powerful argument for Liberal members opposite can no longer rely amalgamation has been the withdrawal on the local coterie of sycophants to get their of donations to party funds, mainly names on the ballot-paper. Now they have to because backers are sick of wasting their convince party members across a whole money on the Nationals and Liberals Federal division. And won’t that open up a can fighting each other in a number of seats of worms! when the intent of donations was to fight the ALP.” Legislative Assembly 5379 9 November 1993

For the National Party, this amalgamation Liberals. I extend to them my thanks for is driven by a cancerous weakness in that the assisting me in being re-elected with an people in the bush no longer trust their increased majority. If the amalgamation does leadership. A motelier from Surfers Paradise go ahead we will surely see the establishment was never going to appeal to rural of another breakaway conservative party in Queenslanders. A quick glance at the opinion this State. The dream of unity is pie in the sky. polls shows that country people reject the Time expired. member for Surfers Paradise because he reminds them too much of the white-shoe Mr SPEAKER: The time allotted for the brigade, who were largely responsible for the debate on Matters of Public Interest has 1989 apocalypse. Additionally, the expired. demographic shift in Surfers Paradise, as well as the member’s failure to stand up for his APPROPRIATION BILL (No. 2) electorate on the Indy issue, make the Leader of the Opposition vulnerable to a decent Resumption of Committee Liberal candidate. He sees amalgamation as Debate resumed from 15 October (see a means of keeping the Liberals off his back. p. 5352) on Schedule 1— The same is true of a list of Nationals on the Gold Coast and the Sunshine Coast. One could ask what a petrolhead has in common Deputy Premier, Minister for Emergency with the man on the land. Whilst farmers in Services and Minister for Rural this State are scratching to put fuel in their Communities and Consumer Affairs tractors, the good member wastes untold litres Hon. T. J. BURNS (Lytton—Deputy going around in circles. I might add that this Premier, Minister for Emergency Services and pattern of behaviour is not uncommon Minister for Rural Communities and Consumer amongst members of this divided and Affairs) (12 noon): As a result of the recent leaderless Opposition. changes to ministerial portfolios, I am pleased The member for Beaudesert also has a to announce that the responsibility for vested interest in the amalgamation. He is Consumer Affairs now lies within my portfolio terrified by every new house being built at and within the new department of Queensland Jimboomba and Greenbank. He knows that Emergency Services. The Office of Consumer progress will end his career unless he can Affairs will be established within this new come to some understanding with the departmental framework. Creation of the new Liberals. His support for amalgamation has office does not detract from the commitment self-interest at its core. By pushing for of the Government to consumer issues. amalgamation, the Nationals are simply trying The previous Minister, the Honourable Glen to shore up their positions in urban and semi- Milliner, has been recognised throughout urban seats as their influence shrinks Australia as lifting the profile of consumer westward of the Great Divide. They see the affairs matters to the stage at which Liberals as their main threat, as they strive Queensland had become the pre-eminent desperately to provide some semblance of State in Australia. Work started by Mr Milliner credibility in the face of a Labor Government will not be allowed to falter. I look forward to appealing to a wider cross-section of the the challenges associated with consumer community. This amalgamation is more about issues. neutralising the Liberals than providing a In the short time I have been Minister, I unified force. have been very impressed with the This process is good for Labor. I say that professionalism and dedication of the staff of because rural blue collar workers will not vote Consumer Affairs and the range of programs for the Liberals—the party of big business and that they are undertaking or have planned. the yuppie set. These same people reject the Some very exciting and innovative work is National Party because they perceive that it being done in this field that will put has deserted them to climb into bed with the Queensland in the forefront of consumer Liberals. In my own electorate, at the last protection in Australia. election, the minority candidates polled 9.3 The department has a solid track record. per cent, outpolling the Liberals. In It has very sound plans for the future that I am Maryborough, they polled 17 per cent. In keen to promote across the State. Under the Barambah, they polled 13 per cent. In both new administrative arrangements, the creation cases, the Liberals were left in their wake. This of a single new department and corporate conservative force obviously has rejected the services support for Emergency Services and National Party and will not have a bar of the Consumer Affairs will not affect the day-to-day 9 November 1993 5380 Legislative Assembly programs and activities of Consumer Affairs The right to be heard—to be assured that staff. the consumer's interest will receive full Even though the Office of Consumer and sympathetic consideration in the Affairs is now part of a larger and very senior formulation of Government policy, and department, it will continue to perform its own fair treatment in its administrative specialised role to educate and protect tribunals. consumers in this State. The Office of Although these goals are broad, the Office of Consumer Affairs will be given the high priority Consumer Affairs is working to ensure that in a that this Government feels it deserves. real way they are reflected in the policies and The office has developed a fully practices of the Queensland Government and integrated management plan to target the traders of this State. resources for those high priority areas that will A consumer policy statement will be have the greatest impact on achieving its prepared to ensure that Government program goals. The plan will provide a clear departments have a checklist of consumer direction and serve as a basis upon which to issues which they need to take into account in develop performance standards that will developing policies, as well as interest groups enable the office to become the leading which need to be consulted when formulating consumer affairs agency in Australia. policy. I do not perceive there to be On behalf of the Ministerial Council on necessarily a conflict of interests between Consumer Affairs, Queensland will co-ordinate consumers and business, although this does a survey of key interest groups in all States occur from time to time. In fact, the interests and Territories aimed at assisting the council of consumers and industry and business can to prepare a national consumer affairs policy really complement each other. agenda for the next three years. This agenda The objective of the Office of Consumer is an important step towards achieving a Affairs is to assist business in delivering a national approach to consumer protection. It quality service to customers by providing will provide a framework within which to traders with relevant and pertinent information develop State consumer affairs policy that is in on consumer laws and practices. The office harmony with the needs of the national has specifically set up liaison with the motor, market place. real estate and retail industries in an The Policy and Legal Division of the office endeavour to provide assistance and, at the is engaged in a number of projects to same time, to obtain marketplace intelligence maximise co-operation between traders and so it can respond to the suggestions and their customers and to ensure that the concerns of industry and modify its services advantages of competition flow on to and practices where necessary. Some of the consumers in a tangible and sustained way. tangible benefits that have flowed from this consultation include the development of a More than 30 years ago, in March 1962, complaint handling procedure with the motor American President John Kennedy spoke of industry, as well as the development of a joint the important role played by consumers in the strategic plan. The liaison with the retail economy and the challenging problems that industry has already resulted in the then confronted them. Although that address development of a video with the Outdoor by President Kennedy targeted an American Power Equipment Association titled Cutting it audience, the rights and responsibilities he Fair. The video is designed to ensure that outlined are just as applicable to Australia traders are made aware of their rights and today. In his message, President Kennedy responsibilities under relevant State and included the following as consumer interests— Federal laws so that problems are prevented The right to safety—to be protected rather than being cured after the event. This against the marketing of goods video has been distributed throughout hazardous to health or to life; Queensland to traders selling equipment such The right to be informed—to be protected as mowers, chainsaws, whipper-snippers and against fraudulent or misleading the like, and was developed at no cost to the information, advertising, labelling or other office. It covers issues such as the handling of practices, and to be given the facts complaints by consumers and how to avoid needed to make informed choices; problems arising in the first place. Other trade associations have expressed interest in having The right to choose—to be assured, similar videos developed for their members. wherever possible, of access to a variety of products and services at competitive The office is proceeding with a number of prices; and Legislative Assembly 5381 9 November 1993 key issues designed to substantially advance process will be the introduction of a new the interests of consumers including— consumer credit Bill into the Parliament during development and implementation of the autumn sittings of 1994. A draft bill has consumer education programs in been released by the Ministerial Council on Queensland schools, especially aimed at Consumer Affairs, and submissions are those in senior secondary school; presently being received. development of a policy on the clear and At this stage, Queensland may be informative labelling of country of origin of introducing the template legislation for all consumer products, especially food; and States and Territories—with the exception of Western Australia—subject to agreement examination of the need for codes of being reached by the Ministerial Council on conduct, including codes governing the submissions now being received. If agreement introduction agency industry, the is reached on the introduction of the entertainment industry and bus travel. legislation, then I also wish to flag that I will be A number of legislative reforms are currently introducing cognate legislation designed under consideration. A comprehensive review specifically to assist rural producers. The of the Auctioneers and Agents Act will give cognate credit legislation will be designed to effect to relevant reforms recommended by retain the existing moratorium provisions in the the Auctioneers and Agents Review Credit Act. Presently, a farmer is able to apply Committee, which was established in 1991, to a court for a 12-month moratorium on the and to certain recommendations by the repossession of farm machinery. The object of VEETAC working party. Amendments to the this provision is to ensure that, if a farmer has Fair Trading Act will rationalise and modernise a crop in the field and there is a likelihood that the legislation by bringing land transactions the retention of the farm machinery will enable within its scope, providing for codes of him to harvest it, thereby enabling him to practice, and allowing for interim prohibition repay the debt, the law should allow him some orders for dangerous goods. leeway. We will have to introduce special Following the receipt of a report from the legislation to ensure that that happens. I am Retirement Villages Review Committee, it is sure that all honourable members would envisaged that the very important legislation agree that the retention of such a provision is related to retirement villages will be both desirable and responsible. I should add overhauled in the coming year to ensure that that, as far as I am aware, the Queensland consumer protection for residents of villages is Government is the only Government in made more effective, and that a number of Australia to have made this commitment to unnecessary bureaucratic impediments to the the rural community. The examples I have marketing of retirement village schemes are cited are intended to provide examples of streamlined. what work is presently being undertaken and are by no means exhaustive of the projects Another initiative of interest to members under way or the initiatives planned. will be the review of the Associations Incorporation Act 1981. This statute provides The office will continue to ensure that, as protection to incorporated associations, but far as possible, consumerism facilitates has remained largely unamended since its economic change and the activities of traders enactment in 1981. A number of the rather than being seen as impeding change or provisions of this statute are no longer impeding the services of traders. The object of relevant, and it is important that the law be responsible consumerism is to assist and amended to take account of the changing advance the competitive nature of the nature of incorporated associations. Australian economy by ensuring that unfair and unconscionable economic activity is Some incorporated associations are minimised. developing an increasingly entrepreneurial nature in their activities. It is therefore The Operations Division of the office has necessary to devise strategies to ensure that the principal external service delivery program this statute remains a vehicle for regulating role. Its function is to deliver education and associations designed purely for non-profit marketing services to business and activities rather than those associations which consumers and provide a range of services take on a significant business component. relating to occupational licensing, business securities and personal identity registration. It Honourable members would also be also provides advisory, mediation, inspection, aware of the development of consumer credit investigation and prosecution functions legislation over the past seven years. It is designed to ensure compliance with fair hoped that the end result of this lengthy trading legislation. The office is working on a 9 November 1993 5382 Legislative Assembly number of improved service-delivery Government has put in place over the last mechanisms, and I am sure that members will couple of years. This project will mean that be interested in the upgrading of the properly trained and informed groups and successful one-stop-shop business centre, individuals are able to deliver uniformly good which now allows for business names to be consumer advice to all Queenslanders registered at the counter. Clients can register irrespective of where they live. a new business name and obtain a certificate The office has inherited a very tight in as little as 10 minutes. Since the service budget situation following the split from the was introduced in February 1993, there has Department of Justice. Notwithstanding that been such demand that now 37 per cent of all the budget does not permit a fully funded business names are registered over the asset replacement program, the office will still counter rather than people waiting for periods maintain high and improved levels of service of two weeks for even uncomplicated delivery. In response to this tight budgetary applications. situation, the office has taken a pro-active The office has also installed a new approach which, in conjunction with Treasury, telephone system to cater for the more than aims to develop forward estimates activity and half a million calls that are received. The office workload indicators particularly in relation to currently projects that calls will exceed registration functions. This will enable the base 700 000 during 1993-94. Part of the new funding for the office to increase as workloads telephone system is a 24-hour recorded increase. information service, which has been installed The office has also developed a number to enable clients to access the department of business plans for the Trade Measurement more readily on a range of general issues. As Branch, Queensland Motor Vehicle Security part of the client focus of the office, a proposal Register—QMVSR—and Births, Deaths and for a pilot project to provide an on-line Marriages. The trade measurement business business names registration service from the plan has been prepared to improve services to Townsville office will commence towards the the community by implementing a compliance end of this year. Registration procedures will strategy, which directs resources to where it is still be performed in Brisbane by the use of a of the greatest need. Recently, the Trade fax machine, which will enable registration to Measurement Branch has constructed a flow be effected on the spot. If successful and cost meter testing station at Eagle Farm adjacent effective, this service will then be extended to to the Brisbane Airport. This facility is unique in other centres and rural communities. Australia and will be used to calibrate and To ensure that the office is able to certify flow meters for the oil industry. It is provide the best possible service delivery to its estimated already that this testing station has clients, the office is rationalising its sufficient work for three months. accommodation in all regions and upgrading The Trade Measurement Laboratory where necessary. One of the most important performs a number of roles associated with projects under way is the development by the standards of measurement and the calibration Office of Consumer Affairs of a consumer and certification of measurement standards advocacy network. This will entail the used by industry as part of quality assurance identification of relevant community groups programs. These services are very much in and an assessment of their capacity to deliver demand, and current resources within the consumer services. Individuals will be trained branch cannot handle the increased demand. by the office to a level which will enable them The QMVSR business plan is part of the move to provide consumer advice and information to towards the establishment of a national their clients. Supporting literature and database. The objective of the QMVSR documentation will be available. If the pilot system is to enable potential purchasers of program, to commence in mid-1994, is motor vehicles to determine whether the successful, this proposed network will become vehicle is the subject of outstanding finance. an integral part of the provision of good The need for a national database was first consumer services throughout the State. raised at the 1991 Special Premiers Honourable members will recognise that Conference, and Queensland, along with at a time when the resources of Government other States, supported this initiative. are stretched fully, it makes sense to use Queensland will cooperate fully in ensuring appropriate non-Government organisations to that the national data base is established. deliver these types of services. It has been The Births, Deaths and Marriages carried out successfully in the Department of business plan has been prepared in order to Housing through the tenants union and the ensure that ageing equipment is replaced and housing resource workers that this Legislative Assembly 5383 9 November 1993 the needs of the community are met. The Of course, some of those matters are yet to 1993-94 budget for the office includes a be debated. In fact, most of the matters about special provision of $250,000 for a compliance which we have had briefings have not yet project to identify unregistered business come before the House. However, I names. The project is planned to start in late appreciate the fact that, without equivocation, 1993. the Minister made available officers to brief The investigations area of the Operations the Opposition and overview the intent of the Division is developing a compliance and Government’s legislation. enforcement policy which is nearing The Department of Consumers Affairs is completion. This policy will encompass very important for consumers. It probably procedures and guidelines for assessing and tends to be a little overlooked until such time prioritising the varied and substantial as a consumer has been affronted, or people investigations workload, and for taking within the department are able to tease out prosecution actions. It will also address the some concerns about which we should all be issues of proposed penalty notices and aware. statutory cautions. Recently, as part of my trip to New Elsewhere in this speech, members will Zealand, I had some discussions with note that I have mentioned the departmental officers in that country, and in comprehensive review of the Auctioneers and Auckland I met up with Tony Ilott, who is the Agents Act. My office is responsible for the manager under the Consumer Affairs Act, and management of the Auctioneers and Agents Michael Mann, who is the investigation officer Fidelity Guarantee Fund. The Government will in charge of the Auckland area. It was be making further grants this year from this interesting to note the different ways in which fund for vocational education and community they approached consumers affairs in that education programs, including credit country. It has blended in with such areas as counselling programs. It is also proposed to the Trade Practices Act, and it encompasses expand the investment powers under the fund a broader operation because it operates to enable trust monies not only to be lodged under a Federal Act. Nevertheless, I think we with banks but also to allow for moneys to be could learn from a number of the components lodged with permanent building societies and of New Zealand’s Act and the way in which the credit unions. This will hopefully improve the Government of that country involves itself in returns to the fund. The office is also consumer affairs. I will be raising those developing new procedures to deal with claims matters in this Chamber from time to time. against the fund. As part of its commitment to Consumer Affairs was given departmental proper financial management and control of status on 24 September 1992, following the the fund, a new secretariat branch has been splitting of the Department of Justice portfolio established to develop policy and procedures to enable it to be attached to the Department required under FOI legislation and of the Attorney-General. Obviously, the management of the Auctioneers and Agents Attorney-General did not want Consumer Committee process. Affairs, and it was equally obvious that The Office of Consumer Affairs has Consumer Affairs had to have departmental identified six strategic priorities that are central status if it was to be retained by the then to achieving the goal of a fair and equitable Minister who was responsible for Corrective trading environment in Queensland. These Services. I must say that, through no fault of priorities are consumer protection, regulatory the Minister in this instance, it has been very reform, voluntary compliance, support for difficult for Opposition members to follow the disadvantaged groups, effective enforcement, path of Consumer Affairs because we are not and best practice performance standards. too sure who we will be approaching next about such matters. It has been very difficult Time expired. for us to appoint shadow Ministers, because Mr STONEMAN (Burdekin) (12.16 p.m.): the original intention was that there would be First of all, I thank the Minister for his courtesy a mix of Consumer Affairs and Corrective in making sure that a copy of the Services. However, that is now history. departmental annual report was made At that time, Consumer Affairs could available to me. That was delivered to my hardly have been included with Corrective office, and I thank the Minister for his Services. So, to overcome the problem, courtesy. I also acknowledge the cooperation Consumer Affairs was given departmental extended to me by the previous Minister, Mr status. As I said, Consumer Affairs is a very Milliner, when I approached him about the important issue, but the decision to give it matters of departmental briefings and contact. 9 November 1993 5384 Legislative Assembly departmental status was purely a political The ad hoc approach to the construction decision to provide the then Minister with an of the department can be evidenced by the adequate workload—a workload in which he fact that, some three months after it was was subsequently found to be wanting. That is established in December 1992, the not to take away from the decent and Organisational Services Division and the Policy cooperative manner in which he met with me Development and Legal Services Division of on a number of occasions. the Department of Justice and Attorney- The Labor Government is writing General were transferred to the Department of consumers out of the decision-making process Consumer Affairs. It is noted that, although in this State. A number of important Acts have Consumer Affairs has departmental status, its been passed in the House whereby director-general is also the Director-General of consumers have been removed from the the Department of Attorney-General and, as consultative process, under the guise that we such, is answerable to two Ministers—the are all consumers. I listened with interest to Minister for Justice and Attorney-General and the Minister talking about the process of Minister for the Arts, and the Minister for bolstering consumer advocacy and about Emergency Services and Minister for Rural drawing consumer groups together. Obviously, Communities, who is also the Minister for in a number of the Acts passed in this House, Consumer Affairs. He will need a big bit of the Minister for Consumer Affairs has not paper to write all of those headings down. been able to ensure that consumer groups Surely, if the Government is fair dinkum are represented in the advisory and about consumer affairs, the department administration processes. should have its own director-general. The In common with all other shadow department administers some 89 Acts and 39 Ministers and all other members, regardless of regulations. That is a huge number. As I say, their side of politics, I receive a whole lot of they are important to the people of this State. letters of concern regarding portfolio areas. We welcome the new Minister. It is to be Most of the letters are very genuine. Some of hoped that he does not get any bright ideas them result from frustration with the to review Consumer Affairs or is not talked into bureaucratic process. I particularly refer to the such a review by the staff. tenancy legislation and payments to I note, somewhat fearfully, that the subcontractors. I have a mountain of paper in annual report states that there is a need to respect of those areas. So there is a genuine review how the department delivers its concern. I point out to the Minister something services. This is a gentle warning to please be that has come to my attention as a consumer. careful. It should be a case of saying, “Steady There are some areas of new technology that as you go; keep your eye on the ball.” I note we need to be aware of as we travel through that some members opposite—those in the life. The Minister, I note, has reached the age, far reaches of the back bench where they will as I have, where he needs to wear glasses. I stay until they are moved to this side of the guess they are bifocals and I bet that he has Chamber—find somewhat amusing the things the same problem that I and many thousands that the Minister and I know are serious. of people have with the radios in new cars. The Minister has a pretty poor track Once we could reach over and switch them on record when it comes to reviews. It is with or off or adjust the tuning easily. These days it sadness that I say this. Each review has is almost impossible to adjust them while we turned into a major concern for the people are travelling, and that must be creating a involved. For example, the review of the hazard on the road. On numerous occasions, internal and external local government I have searched for the buttons and have not boundaries has turned into a nightmare for been able to find them. thousands of ratepayers. The fishing inquiry Mr Nuttall: You have only got one radio has been nothing short of a horror story. We station at home; what are you worried about? all wait with trepidation for the result of the Mr STONEMAN: It might be a matter of infamous rail line closure review. great humour for the honourable member, but The Department of Consumer Affairs has I am sure that statistics will show that the just two programs. They are the protection of increasing complexity of these gadgets is public interest program and the corporate adding to the road toll. We need to maintain a services program. The protection of the public focus on those issues. I highlight that as one interest program has five subprograms, area embraced by the very necessary including licensing and registration, trade processes of consumer affairs. measurement and client services. The licensing and registration subprogram Legislative Assembly 5385 9 November 1993 encompasses auctioneers and agents, The Trust and Special Funds entry refers invasion of privacy, travel agents, land sales, to the Auctioneers and Agents Fidelity retirement villages, funeral benefits, business Guarantee Fund. It would seem that that is loans, associations incorporation, collections, self-funding. At 30 June 1993, the fund had and registration of births, deaths and an opening balance of $60m, which contrasts marriages. But, as the Minister said, the with an amount of $67.7m at 30 June 1992 Department of Consumer Affairs does not and $95m in July 1991, when this have a large budget. It has a major area of Government decided to raid the fund. We all responsibility to cover with a fairly tight remember that occasion. operational fiscal structure. It appears that it is The Committee will recall that this is the destined, for at least the next two to three very same path pioneered by the Wran Labor years, to have to perform its functions with a Government and turned into an art form by relatively small budget. The annual report the Cain, Bannon and Burke Governments. contains these words— The Committee will recall that in 1991 the “From the beginning . . . the Auctioneers and Agents Act was amended to Department has sought to build an open provide that the fund could be used to pay for dialogue with Treasury based on trust the operation of the auctioneers and agents and full disclosure so that funding registry and for the funding of education and proposals can be assessed on a consumer education and awareness programs competitive basis with bids from other and housing assistance schemes. At that time agencies. the Opposition did not support the It is against this background that amendment to the Act, and we stand by that budgetary projections for the next three stance today. There are a number of other years show that combined effects of issues that I would like to have taken up under annual productivity cuts and increasing this program today. Unfortunately, time is demand for legislatively mandated extremely limited, and I acknowledge the services will leave little scope for the need for that. provision of discretionary services such as Another issue of great concern to me is consumer education and business liaison the classification of computer games and notwithstanding their potentially large various publications. It is interesting to contribution towards the achievement of consider the attitude taken in New Zealand to program goals.” obscene publications. Recently, an article According to the program statements, it has appeared in a New Zealand newspaper that been allocated for 1993-94 a budget of carried the headline “Porn offer still open”. $15.6m from the Consolidated Fund and That article stated— $14.6m from the Trust and Special Funds. “People possessing pornography In 1993 there was an unforeseen and other objectionable material can still expenditure from the Consolidated Fund of hand it to the Internal Affairs Department $3.6m which, as stated in the annual report, for destruction. related to the establishment of the Although a specific amnesty period department. This amount was not carried has ended, security boxes will remain in forward to this year. Funding from the Internal Affairs Link Centre offices for Consolidated Fund is down $238,000 or 1.5 collection of material. Items can also be per cent compared with last year. Funding posted through the mail for disposal. from the Trust and Special Funds is also down The department says it will continue from $16.5m to $14.6m, a fall of $1.9m or to destroy all material before the new 11.5 per cent. The net outlay for the censorship laws come into force next department, however, is $20.4m, which year.” means that there is a supplement of $4.8m. Seemingly, this includes an allocation to the I will be taking up this matter further in the corporate services program of administrative future. costs for the Fidelity Guarantee Fund. As The point on which I want to conclude is confusing as it may seem, the 1992-93 actual this: although rights and freedom of expenditure was $32.4m, but that included a expression have to be encompassed in our $13.1m transfer to the Department of Housing modern society, I believe that we are going and Local Government under the Auctioneers too far. Some of the censorship laws need to and Agents Act as funding for the housing be strengthened. The protection of the assistance program. consumer is of paramount importance. Of particular concern is the fact that young 9 November 1993 5386 Legislative Assembly people have increasing access to computer without its problems. Early last year, the Palm pornography. I believe that legislation should Springs Retirement Village—coincidentally, it is be enacted promptly to prevent the availability located in the electorate of the new Minister of such material to young people. I hope that for Consumer Affairs, Tom Burns—ran into the Minister will acknowledge that fact and some financial problems, and its approval was take it into account. I assure him and the revoked. Consumer Affairs intervened to Committee that the Opposition will work ensure that the residents’ investments were positively to maintain that security. secured by facilitating the registering of their Time expired. leases. I am certain that the subject of retirement villages will come in for special Mr NUTTALL (Sandgate) (12.32 p.m.): attention from the new Minister, especially Before I commence to refer to the main since the legislation has been the subject of a subject of my speech, I want to pay tribute to review. the former Minister for Consumer Affairs, Glen Milliner. I was fortunate enough to serve on The broad objectives of the present the legislative committee for consumer affairs. Retirement Villages Act are: to provide tenure During the time that Glen Milliner was the for residents; to provide protection for Minister for Consumer Affairs, that committee residents’ funds; and to define the rights of had the opportunity to observe a number of residents. As I mentioned, a review of the the activities of the Department of Consumer legislation was commenced in 1990. It was Affairs. We learned about births, deaths and conducted by a 15-member committee marriages. We also learned about the Rental comprising representatives of the retirement Bond Authority, which is now under the control village industry, residents, relevant of the Minister for Housing and Local Government departments, the legal Government. The committee was also profession and the Registrar of Retirement educated about weights and measurements Villages. The objective of the review was to and motor vehicle ownership. The officers of address particular industry problems identified the Department of Consumer Affairs were by representatives of the retirement village most helpful and very supportive of the industry and the Office of the Registrar of inquiries that the committee made when it was Retirement Villages. The aim of the review learning about those fields. was: to ensure a non-complex approval process for retirement villages; to ensure Today, I want to discuss a consumer accountability of administrators of retirement issue that affects more and more people village schemes; and, of course, to ensure every day, and in particular a number of consumer protection. members of this Chamber. I refer to retirement villages. Unfortunately, it is true that we all In June 1992, a public discussion paper grow older. Somewhere down the track, some was released and a number of workshops of us will no doubt end up in a retirement were held throughout the State. Submissions village. closed in August of the same year. More than 50 submissions were received. In May of this Mr Bennett: Some sooner than others. year, the working party provided its report to Mr NUTTALL: That is correct. The the then Minister for Consumer Affairs, Glen retirement village industry is one that can be Milliner. The new Minister has indicated that expected to grow as our population grows, amending legislation will be introduced in and new villages will continue to be built. In 1994. In the meantime, there is some very Queensland, the industry operates under the basic advice that should be followed by Retirement Villages Act, which has been in anyone contemplating moving into a force since November 1988. Under the retirement village. Naturally, like any major legislation, rights to reside in a retirement financial transaction, all documents should be village cannot be offered for sale in checked carefully before signing a residence Queensland unless the scheme has been contract with a retirement village. It is vital that approved under the Act or until the operator people ensure that they know what they are has been granted an exemption from specific signing up for, and that they understand provisions of the Act. Exemptions are usually exactly the details contained in the contract. given to retirement village schemes operated The financial and legal arrangements for by non-profit community groups. In entering a retirement village can be quite Queensland today, there are 53 approved complicated. It is wise to obtain professional commercially operated retirement villages, and and impartial advice before signing a contract a further 220 are exempt under the legislation. on the dotted line. Operators of retirement As all honourable members will be aware, villages must provide all prospective residents the retirement village industry has not been with a public information document. That Legislative Assembly 5387 9 November 1993 document provides an overview of the provide a cooling-off period of seven days. scheme of the retirement village. It should fully This allows people to change their minds at no inform potential residents of their legal and cost to themselves. I think that all members financial obligations, and it should include a would agree that this is a sensible provision for copy of the contract or contracts that they such a major investment decision. would be asked to sign. The public information People contemplating moving to a document should give details on the following retirement village should be aware that a issues: the legal basis of occupancy—whether register of such villages is held at the residents are leasing or whether they are registrar’s office in the Department of buying the premises—and the type and the Consumer Affairs. That is located in the State length of the tenure at the retirement village; Law Building here in Brisbane on the corner of the fixtures, fittings and furnishings that will be Ann and George Streets, and copies are provided; the facilities—such as carports, available for public information. Like any garages, storage or other areas—allocated to industry, different villages can offer different residents; and, if the village is still under contractual arrangements, a range of services construction, the contract must contain plans and financial aspects that all need to be showing the location, floor plan and significant considered by prospective residents. dimensions of residents’ accommodation and any facilities allocated to them. I would suggest that people looking to buy in a retirement village should firstly visit a Details about the services being offered number of these villages before making a at the retirement village should also be decision. It is inevitable that some residents covered by the public information document. who buy into retirement villages can become For example, it should cover all services and unable to totally care for themselves as the facilities provided by management and any years go by. For that reason it is important charges for their use, as well as any potential that prospective residents ensure that the restriction on services provided by village they choose offers ongoing care. This independent agencies, and any restriction on may be in the form of hostel or serviced access to those services. For example, some apartment accommodation. It is also services may be provided on a user-pays important to check out the extent of any basis, whereas all residents may be required nursing care that may be available. to contribute towards other services, whether they use them or not. The document must The financial arrangements for entering a also outline the types of fees or charges that retirement village also need to be checked residents could be expected to face, including: carefully. Such arrangements obviously can the amount of maintenance fees, when they vary from village to village, so it is imperative are to be paid and what will be provided for that all aspects of the financial arrangements those fees; any other ongoing charges and are fully disclosed and understood by potential how they are to be determined; any charges residents. for which residents will be responsible if they Of particular importance, of course, are leave and the unit is not resold, re-leased or capital gain and deferred management fee reoccupied; and who is responsible for the arrangements that may apply. Some schemes cost of replacement and maintenance of allow for part of the capital gain to be retained fixtures and fittings. Other costs that should be by the residents. Most schemes do charge a detailed include the cost of securing deferred management fee, and these charges accommodation and the right to a refund, if can affect the capacity of the resident to find any, on termination of the contract, and how alternative accommodation, should the need that refund is to be calculated. arise. As everyone is aware, once people have Time expired. moved into a retirement village, their personal Mrs GAMIN (Burleigh) (12.42 p.m.): I am or family circumstances can change. The pleased to join the Estimates debate on public information document should also show Consumer Affairs. Like all members of the circumstances under which a resident can Parliament, many problems come into my be transferred or reallocated from a self-care electorate office which are referred to unit to other accommodation in the village and Consumer Affairs. At the outset I should like to the financial arrangements that would apply, express my appreciation of the Gold Coast and the fees payable if a resident decides to office in Southport. This office invariably gives leave the village. Like any major commitment, careful and attentive service to both myself a contract to live in a retirement village should and my constituents in regard to problems be signed only after it has been read and and difficulties. Not all consumer problems can understood. However, the legislation does be solved, but my constituents find that their 9 November 1993 5388 Legislative Assembly matters are investigated, followed up where fax and telephone number, together with two possible, and that considered advice is given blank signed and stamped copies of their as to whether their problems can in fact be letterhead and pro-forma invoices. As I said, it dealt with. I hope that the new Minister is not might well be a joke within a joke, but the making plans to close down the Gold Coast mind boggles at what could be done with this office of Consumer Affairs. material if anyone was silly enough to Through the Consumer Affairs portfolio, respond. attention is at last being given to the control of Most chain letters are much more simple nightclub bouncers. This is welcomed, but, nevertheless, they prey on the gullibility particularly on the Gold Coast. As legislation is and cupidity and even the superstition of the before the Parliament, I will not pursue that recipients. Almost all require money to be sent matter at this stage. with a great get-rich-quick promise if the chain One matter that has recently been is not broken and dire threats if the chain is brought to my attention concerns real estate broken. Chain letters are not only silly, they agents. I am advised that the Department of are also dangerous and illegal and they Consumer Affairs requires applicants for real should be stamped on wherever they appear. estate sales certificates to travel to Brisbane to They seem to come forward more often in sit a basic examination. The applicants are tough economic times as the originators, who previously issued with a questionnaire booklet are the only ones to make any money from giving the answers. If the applicant has them, decide it is a good way to rake in a few undergone the REIQ Superstart course, the dollars from the gullible and unsuspecting examination in Brisbane is waived. The public. necessity to be examined on the basic The availability of pornographic and knowledge is not questioned. However, as the sexually explicit material from newsagents and examination takes less than 10 minutes and is booksellers is also the subject of complaint basic in the extreme, I ask the Minister why from time to time by constituents. Professor applicants should have to go to Brisbane to Paul Wilson is Dean of the School of complete such a short paper when the Humanities and Social Studies at Bond answers are provided. Furthermore, many real University, and he is frequently consulted on estate agents are providing education courses matters of criminology. Although I have a lot that are far more advanced than that of the of time for Professor Wilson, I do not agree REIQ. For this reason, I hope that the Minister with him that there is a link between porn and will give consideration to having this crime, that is, between criminals viewing examination done through the local sexually explicit material and the crimes they courthouse, or even by post. later committed. I note that the former Minister for Professor Wilson does not believe that Consumer Affairs has made many statements pornography should be censored. However, warning people of the get-rich-quick scams there is certainly material available to adults in that abound in our society. We constantly this State that should not be read by children. hear of old ladies being ripped off by roof It is supposed to be kept out of easy reach of repairers, or by fence menders, or by other children. Some newsagents comply, many sorts of con men trying out all sorts of tricks on others do not. There have also been recent the unsuspecting public. Chain letters, too, specific examples of category one and seem to be an unchanging fact of life. The category two illegal magazines being readily variety of these scams never ceases to amaze available at some Gold Coast convenience me, especially when people are asked to send stores. The blame has been placed on the money to other people of whom they have suppliers, but surely the responsibility must never even heard. The best I have rest with the retailer. This is a serious aspect of seen—although I am not quite sure whether the Consumer Affairs portfolio to which I would this one is not a joke within a joke—is from a like the new Minister to give more attention. Nigerian gentleman purporting to be the There is a matter of great concern in my financial controller of the Federal Ministry of electorate which I bring to the new Minister’s Works and Housing in Lagos. This Nigerian attention, that is, mobile home parks or gentleman says he has so much tender relocatable homes. As a member of the then money left over that he has allocated 30 per Minister’s committee, I was involved when the cent of it to the recipient of his letter, 10 per original mobile homes legislation came before cent for expenses and the remaining 60 per this House in 1989. That legislation was cent for local officials. He asks people to send almost a pilot, and it has been amended and him their name and address, their bank tightened up since then. It was specifically account number, their own and their bank’s Legislative Assembly 5389 9 November 1993 designed to give security and protection to some of their associates in the village. Many people who bought relocatable homes but did of these residents are elderly people who not own the land on which they stood. I have have become very worried and stressed. They two such establishments in my electorate. have now joined with CAMRA—the Caravan Burleigh Town Village, at West Burleigh, and Mobile Home Residents Association—and had problems prior to and long after the are taking their problems up through higher legislation was passed. The residents of this channels, including the Criminal Justice park formed themselves into a most effective Commission and the Ombudsman. association, ably led by Mrs Elizabeth Quick, As honourable members would who has recently retired from the executive appreciate, it has not, of course, been proper position. There were ongoing battles, several for me to offer legal advice on these matters. actions before the Small Claims Tribunal and However, in all instances, I have referred two Supreme Court actions, one of which residents firstly to the Department of Justice, resulted in no decision and the other which and now to Consumer Affairs with the change found in favour of the residents. At long last, of responsibility to that department. Residents five years after the formation of the have been provided with avenues of dealing association, matters have finally been with the Government departments that could resolved between the residents and the park advise on the application of the Mobile Homes proprietors. It has been a long and difficult Act. There has been voluminous process, during which responsibility for mobile correspondence between residents and these home parks was moved from the portfolio of Government departments, and direct Justice and Attorney-General to Consumer deputations to the departmental officers Affairs. concerned. Unfortunately, as I have said, I congratulate the residents on their unity matters have not been resolved, and they of purpose. Indeed, the difficulties of past seem to have reached a stalemate. I ask the years have welded the residents into a most new Minister to familiarise himself with all harmonious and friendly community. They aspects of this particular establishment. It is take a tremendous pride in their village. They an unhappy situation that cannot be allowed run an annual garden competition, and their to continue. surroundings are a credit to them. I also thank Over the years, I have come to know them for their tremendous assistance with the many of the residents of the Bungalows very Salvation Army Red Shield Appeal. The well. I feel deep sympathy and concern for collection within the village of West Burleigh them, but am powerless to assist them further. always produces a very worthwhile result. They The Bungalows is another community that has recently collected for drought relief, too, for the also helped considerably with the Salvation benefit of Western Queensland communities. Army Red Shield Appeal, and I thank them However, the story at the Bungalows at most sincerely for their generosity. Again, I ask Burleigh Waters is not so happy. Residents the Minister to do all he can to help, and also have had long drawn-out negotiations with to chase up the definition of a mobile home their proprietor’s solicitor in respect of how the by regulation. village was first approved and then advertised When the first legislation went through in and sold, as well as their contracts or leases 1989, it did so with complete cooperation and rent increases. I note that officers of the between the then National Party Government Department of Consumer Affairs have tried to and the then Labor Opposition. I am sure that act as mediators between the parties, but this any moves the Minister makes to give has not been successful. Following the protection or assistance to residents of mobile amendments to the Mobile Homes Act at the home parks will receive the very same level of beginning of last year, we were advised that cooperation from the present Opposition. the definition of a mobile home would be set The protection of consumers is a very by regulation. I understand that, more than 18 important part of the Government process. months down the track, this has finally gone to Obviously, it is not always possible to legislate the parliamentary draftsman. Residents would to protect people against themselves or their like to know when this will be finalised. own gullibility. Nevertheless, there are plenty At the Bungalows, a full association of of con men and crooks around—the woods residents has not been as successful as at are full of them—and the Gold Coast certainly West Burleigh. However, those residents who has more than its fair share. Many ordinary, are members of the association are deeply law-abiding citizens, through no fault of their concerned at the effect of the difficulties they own, are taken for a ride every day. Being are having on the health and well-being of taken for a ride covers almost all aspects of 9 November 1993 5390 Legislative Assembly daily living, and of business and commerce. the Queensland motor vehicle securities We must continue to provide the necessary register, known as the QMVSR, and the plans systems to ensure that these ordinary, law- in the office to develop a consumer advocacy abiding citizens are protected as far as network. I believe that both those programs possible. are of special significance to provincial and Mr DOLLIN (Maryborough) (12.52 p.m.): rural Queensland. The motor vehicles security It is further evidence of the importance this register was established in August 1986 to Government places on the Consumers Affairs enable financiers to register their security portfolio that the new Office of Consumer interests over motor vehicles, motor cycles, Affairs has been made the responsibility of the trailers, caravans, etc. Through it, motor Premier’s most senior and most experienced dealers and the general public can check if a Minister, the Deputy Premier, Mr Tom Burns. vehicle that is being sold is actually still From the time that it was first elected in financially tied up or stolen and can, if they December 1989, the Goss Government has wish, pay for a certificate of clearance as a recognised the need to develop quality source of protection against being ripped off. consumer policies and programs that meet What disturbs me is that, eight years after the the interests of both traders and customers. In service was set up, the great majority of this regard, I take the opportunity to pay dealers and the general public involved in tribute to the former Consumer Affairs motor transfers are still not using it. Figures Minister, the Honourable Glen Milliner, who supplied to me show that, of a total of has moved to the portfolio of Administrative 684 000 vehicle transfers in Queensland over Services. Glen Milliner must feel personally a 12-month period, only 230 000, or 34 per proud that, under his ministerial guidance, cent, were referred to the QMVSR for Queensland has been a pacesetter in inquiries. What is even more disturbing is that Australia in many areas of consumer in only 102 800 of those transactions—only 15 administration and is at present coordinating a per cent of total transfers—did the dealer or survey to prepare a national consumer policy the private person bother to go that one step agenda for the next three years. further and obtain a certificate. I refer to one case in my electorate of Too many Queenslanders are obviously Maryborough to illustrate one of the ways in unaware of the problems that they face if they which an effective consumer machine can act take possession of a vehicle that a simple swiftly to protect the community. During the check with the register would show is still past year, a pensioner in Maryborough was financially encumbered. They run the risk of keen to have the tile roof on his house not only losing their money but losing the cleaned. A couple of blow-ins posing as vehicle as well through repossession. I am painters and roof cleaners called at his door pleased to see that the Office of Consumer and offered to do the job for $3,200, which Affairs realises that the QMVSR is not well they said included a very large pensioner enough known and hopes to increase public discount. Goodness only knows how much awareness of it and the need to use it as a they would have quoted had the poor old means of protection prior to vehicle purchase. battler not been a pensioner. Anyway, that I hope that the office will place special fellow got somewhat suspicious and checked emphasis on rural and provincial Queensland with the local tradesman, who did the whole in any publicity campaign that it may mount in cleaning job for $450, which was $2,750 less this regard. than the quote of the two shysters who tried to The second aspect of policy on which I rip him off. As soon as the case was brought wish to concentrate is the plan for a consumer to my notice, I contacted Glen Milliner, who advocacy network so that relevant community informed me that there had been a number of groups and individuals will be able to deliver similar complaints around south-east quality consumer services to Queenslanders Queensland, and the descriptions of the men irrespective of where they live. We all sounded the same as those given in other understand the tight financial restraints under cases. The Minister immediately issued a which Governments find themselves these warning to householders through the days. The objective here is to provide Maryborough media, and to the best of my consumer services throughout the State in the knowledge those two blow-ins blew out even most cost-efficient manner possible. In cities faster than they arrived and before they were such as Maryborough and Bundaberg, this will able to cheat anyone else in the city. involve assessing key community groups such Today, I want to focus my remarks on two as the local Citizens Advice Bureau and the particular areas of consumer activity, namely, neighbourhood centre, which have similar client bases to the Office of Consumer Affairs. Legislative Assembly 5391 9 November 1993

One person nominated from each of those Mrs Bird: Hear, hear! groups will then undergo specialist training Mr LESTER: I think it should be “hear, with the Consumers Affairs Office in areas hear” too, because Glen Dever, who is the such as consumer protection legislation so gentleman in charge there, and his assistants that they can then pass on improved advice deal with a number of programs and and information to their clients. The local complaints. Those people have to deal with community groups will also be provided with literally hundreds of complaints from around consumer information kits, Office of Consumer Rockhampton. I must say that I have been Affairs education material and standard letters totally impressed with the way that they have to ensure a high level of service for regional performed their duties on all occasions. They consumers. have always been courteous. They have I am pleased to note that the new always followed up. Consumer affairs Consumer Affairs Office wants its advocacy complaints are not always the easiest things in service to go even further than that to cover the world to follow up, as members of specific target areas such as Aboriginal and Parliament would know. These complaints are Torres Strait Islander consumers and those quite often extraordinarily messy and the from non-English-speaking backgrounds. If officers have to try and chase up people who anyone questions the concern of average do not want to be chased up. It is never easy. Queenslanders for consumer matters, he or So I thought that in this place I should give she need only note that there were more than credit where it is due. It is very good for a 500 000 telephone inquiries alone to the member of Parliament to be able to refer office in 1992-93. This number is expected to matters to the officers in Rockhampton and grow to around 700 000 in the next 12 district and know that they will be dealt with. months. There is now a 24-hour recorded That, too, is very important. information service so that clients can access A number of different issues have arisen the office more readily on a range of general recently in Rockhampton. I had one case issues. referred to me about a camera that somebody In the Wide Bay region, Consumer Affairs had bought two years ago and that had has trade measurement offices in broken down. There are disputes in relation to Maryborough and Bundaberg, and no-one the quality of goods sold. Of course, there is a can complain that they are not being kept problem of people being billed for busy. In 1992-93, weighing and measuring advertisements in magazines in various parts instruments checked numbered 2 095 in of the world that they did not order at any Bundaberg and 1 546 in Maryborough. time. There are a lot of these hooligans Articles checked for weight, labelling or around the place sending people threatening packaging totalled 4 960 in Bundaberg and mail about those advertisements, which 3 934 in Maryborough, while the two offices worries those people until it is explained to combined received more than 1 000 inquiries them that they do not have to pay those bills on consumer matters. and that they can ignore them. I usually ask I am delighted to participate in this those people to send the letter to me and I Estimates debate. I feel that the Government send it on to the Consumer Affairs Office as a can take great credit for the progress it has record. There still seems to be the habitual made in such an important area of community problem of unqualified people going around administration. As I said at the outset, it has painting roofs, trying to repair houses and so established a first-class consumer affairs on. They seem to be con people of the machine that is recognised Australiawide—a highest order. They seem to home in on the quality machine that has now been given the people who can least afford it. From the floor important task of coordinating a survey in the of this Chamber, I advise people to get a States and Territories to prepare for a national reputable tradesperson who is a member of agenda for the next three years. I am pleased that trade’s association. Then, if anything to support the new Minister, the Deputy goes wrong, one can take action through the Premier, in moving the Consumer Affairs various bodies that represent those Estimates for 1993-94. organisations. I cannot emphasise this point strongly enough. I think that all the members Sitting suspended from 12.59 to of Parliament in Rockhampton and district 2.30 p.m. have issued warnings to the public to have Hon. V. P. LESTER (Keppel) (2.30 p.m.): nothing whatsoever to do with these I commence today by commending the staff characters who go door to door saying, “Look, and the officers who look after consumer your roof needs painting.” More often than not affairs in Rockhampton. these people paint the roof with a substance 9 November 1993 5392 Legislative Assembly that does not last, anyway, or if they do business people in Yeppoon contributed repairs, those repairs are pretty terrible. It is approximately $100 and they ran their own best to stick to reputable tradespeople. One sales dockets competition for computers. This can usually get a fair deal by getting three or meant that dockets from businesses around four quotes and working it out from there. Yeppoon counted for the prize. The local Mr McElligott: They should ask to see children were the winners. Of course, this kept their Gold Card. people shopping locally in Yeppoon. It stopped the entourage of people travelling to Mr LESTER: Yes, fair enough. That is a Rockhampton to shop at Woolworths, Coles or good point. It is my view that business people somewhere else. So I congratulate the in general in Rockhampton and on the Yeppoon Chamber of Commerce. They are a Capricorn Coast are quite competitive and do pretty innovative crowd. I hope that the their utmost to give the people of the area a Minister will not forget them when he brings fair deal. I have a little story to tell. Before I down the report about the railway closures. I went on my overseas study trip, I decided to know that that is off the subject, but the purchase some film. Why would I want to do people in my area are very keen to get a good that? I always think it is a good idea to take deal in that regard. photographs of where one has been with a camera that shows the date on the Mr Pearce: Can you tell us who did the photograph so that there can be no question work in your electorate while you were away? about what one has been doing. I think it Mr LESTER: There is no problem about would be a good idea if other honourable that. I have received a number of complaints members did that, too. In that way, if there are from the people of Fitzroy saying that they are any investigations in the future, it is pretty hard not being well represented. However, we will to dispute the photographic record. When I not go into that. I also have umpteen letters give my report, honourable members will see about Mr Braddy. I was quite surprised to find dated photographs and other records of all of those letters when I got home. They are where I have been. all about break-ins in the Wandal area. I have A Government member: Everything? a copy of a letter from Mr Pearce in which he says that the problem has nothing to do with Mr LESTER: Yes, just about everything. him. As a matter of real interest, I purchased some Kodak film from the local Kodak place—Julie Mr Nuttall: Table the letters. Grainger in Yeppoon. There was a deal going, The TEMPORARY CHAIRMAN (Ms approximately $24 for four lots of 36 exposure Power): Order! The member for Keppel will films. return to the Estimates. Mr Stoneman: I bought some myself the Mr LESTER: I am very sorry, but I was other day. horrifically provoked. I had to tell Mr Pearce Mr LESTER: Good on you. I checked the the truth on this occasion and I will show him price overseas and for just one little box of 24 the letter later. exposures—— The TEMPORARY CHAIRMAN: Order! A Government member: Colour? The member for Keppel will either return to the Estimates or to his seat. Mr LESTER: Yes, it was colour. The price in London was £3.80, which is roughly $10. If Mr LESTER: In Amsterdam, London, one compares that with Australia, and if one Brussels or wherever else one visits, it costs compares that with Brisbane one will find that $40 for a piece of steak. The honourable the price is about the same—in fact, it is member should try it himself one day; he better. So, we do not need to go tearing might learn something. around the place trying to buy things from Ms Spence interjected. other than the local people if they are trying to Mr LESTER: No, I was not going to pay give you a fair go. We should try to shop that. They can go to blazes. Fish costs roughly locally whenever we can. It is up to the $12. We do not do too badly in Australia. businesses, of course, to be competitive to Overseas, it cost me $100 to stay in a pub ensure that we do so. It is my view that that in Australia would cost $25. A motel room businesses in Yeppoon and Rockhampton are that would cost $60 in Australia would cost trying to do this. roughly $200 overseas. Fuel is approximately I compliment the Chamber of Commerce three times as dear. The return trip from in Yeppoon. They recently ran a competition. Harrow to London by train, which is about the Honourable members all know that Coles do a same distance as Brisbane to Redcliffe, costs good job providing computers for schools. The about $13. Everything costs a lot more Legislative Assembly 5393 9 November 1993 overseas. The consumers of Australia are not Courier-Mail published this article by James being too badly done by. No doubt the Woods headed “Brisbane loans scam costs recession and competition has had quite a bit victims $1m.”— to do with it. “Recession-struck Australian Time expired. companies have been stung for more Mr CAMPBELL (Bundaberg) (2.40 p.m.): than $1 million by two Brisbane men Protecting consumers plays a very important promoting cheap multi-million dollar part in our society. One aspect that I wish to offshore loans. raise is the concern about international con A prominent Brisbane property men who are fleecing hundreds of thousands developer is one of 10 city and Gold of dollars from unsuspecting individuals in Coast victims to have paid a total of Queensland and other States in Australia $600,000 for $110.6 million in foreign through overseas loan schemes. I raised on loans which did not eventuate.” 24 November in this Chamber, and brought to This situation is occurring again and again. the notice of honourable members and the One problem is that, if people want to raise people of Queensland, the overseas loan this issue, they are not allowed to name the scam advance fee, that is, the up-front fee organisations. These articles show that in fraud. I warned the trusting citizens and Queensland there were 10 formal police legitimate businessmen of this State about complaints and fees amounting to $600,000 the activities of con men who fleece were paid, but no-one can be named. In thousands of dollars from unsuspecting South Australia, six formal police complaints citizens. In that speech, I outlined examples were made and $142,000 in fees was taken. such as the supposed Bundaberg-based In Western Australia, one formal police finance broker, Arnold Neal of Financial complaint was made and $90,000 was taken. Services; Victorian con man Raymond In New Zealand, four formal police complaints Goldring; and the international con man, were made and $92,000 in fees paid was Anthony Twohill, who is based in Singapore. taken. Those amounts were all taken by con Hundreds of thousands of dollars have been men, yet nothing was done. However, that is collected, in up-front fees, from people just the tip of the iceberg. When we talk about throughout Queensland to obtain supposed protection of consumers, that area of financial cheap overseas loans, but no funds are brokerage is one that we really should get forthcoming. Although Mr Neal has been into. People who are acting as financial operating since 1991, to my knowledge no brokers and are offering these schemes seem client has obtained cheap overseas loans. to be able to do this with impunity. Since November 1992, Mr Neal has The Sunday Mail of 4 July 1993 exerted pressure to stop me raising my published this article headed “Businesses concerns regarding his activities. One of his ripped off in loans scam”— business associates, Douglas Mayne, of the Queensland Cattle Company, which has “Police yesterday warned of an properties at St Albans and Pony Hill, also elaborate international con trick that had joined in the process of exerting pressure on already cost hard pressed business me. On 25 November, he sent me a letter people in Brisbane and the Gold Coast under the heading “Finance Services, more than $600,000. Oakwood Park, Cummins Street, North The sting had been worked Bundaberg.” This operation is not registered in Australiawide and in New Zealand, Queensland. The letter states— netting conmen more than $1million. “In regards to your comments made Two men based, in Brisbane, with an in State Parliament on the 24th of associate in America, are under November 1992 I require from you a full investigation. retraction and a public apology.” The conmen offered cheap multi- I refused. He then had one of his other million dollar offshore loans with a too- business constituents send letters not only to good-to-be-true way of painlessly me but also to the Honourable the Premier, repaying, and in some cases an Wayne Goss, to exert pressure on me to not immediate ‘fall-out’ profit to boot. raise this issue again. The hook is in their demand for big, Hundreds of thousands of dollars have up-front fees.” been taken from Queenslanders, and nothing The bottom line is that every offer of a self- has been done to protect them, although liquidating loan is a con. Although this is warnings were given back in 1992. The 9 November 1993 5394 Legislative Assembly occurring, the legislation does not protect the year in and year out, without protection being people. For example, when people are given to people. We need to ensure that we operating in different States, there is a overcome the problems of jurisdiction in terms jurisdictional problem. If there is an indication of protecting the consumer so that, when this that these people are acting improperly or illegal action occurs, we can take action. illegally, the problem is where the fraud took We also have to overcome that problem place. It is very difficult to prove because the with intent to defraud because these people, fraud is perpetrated by paperwork. by their record, have shown that they are not The other aspect of it is that, often, able to provide any funds, and it is costing people get through all the paperwork, yet it all Queenslanders millions of dollars. It shows comes back to somebody defaulting or not that, in some way, we do need protective providing the loans overseas. How does one legislation. Securities take action in that case? In all situations, I am Commission has not been able to operate told that the problem in being able to follow efficiently and effectively in this area, and we the crimes through is showing intent to must have some guidelines and some new defraud. These con men say, “We did not laws to ensure that we can give that protection intend to defraud anyone. We have done our to people. These con men must be stopped. best. The money just did not come through.” There are many graziers who will now lose These people have been operating since their properties. They have no chance of 1991 and no money has come through. I survival. We have to ensure that these con think it is important that I record that fact in men are eradicated not only in Queensland this place. but throughout Australia. Only last week, I received a call from a Mr SANTORO (Clayfield—Deputy Leader solicitor in Gunnedah who asked me whether I of the Liberal Party) (2.50 p.m.): In this brief knew anything about Arnold Neal from contribution, I wish to bring to the attention of Financial Services. One of the solicitor’s clients the Minister and the Committee the difficulties had been stung. So Arnold Neal is operating which are currently being experienced by not only under the name of Financial Services members of the travel industry. Members in but also under the name of Sun Hut Pty Ltd. this place would be aware that practitioners The solicitor asked me whether it was true that within the travel industry are currently doing it that company had $30m deposited in a very hard because of what can be described Bundaberg bank. First of all, the money was generally as hard economic circumstances. supposed to be in Westpac, yet it has no Travel dollars are very scarce and are money from those organisations. Then the becoming even scarcer as would-be travellers money was supposed to be in Metway. Not continue to postpone both domestic and one dollar has come out of these schemes, international travel plans. The dollars that are and this fraud has been going on for years. available are being eagerly sought by a most This is not a case of whether a consumer competitive group of travel agents. Thus, profit should receive a refund for a small item. margins are very much under pressure and Millions of dollars have been taken. One of many travel agencies, particularly the smaller Arnold Neal’s business associates in Victoria, ones, are struggling to stay afloat. Raymond Goldring, was fined $11,000, and Members may be aware that I have he had to refund his clients’ money. Financial many travel agents operating within my brokers are registered in that State. electorate. Several of them have recently Other people who should be investigated approached me and have asked me to put are Skygrams Pty Ltd, which involves M. some views to the Minister and to the Costello and R. Wilson. They are operating Parliament for consideration. As I have said, with Twohill out of Singapore. Twohill has also the travel industry, especially the travel been operating with Arnold Neal. People such agents, are marginally profitable at the best of as Chris Frier and Joe Rossi from Josab Pty times, let alone during the current difficult Ltd and Australia Atlantic Acceptance are economic times. They contend that their pulling the same kind of scam. At least two of principals do not provide them, in their their clients who have lost their money have opinion, with reasonable margins. Their committed suicide. That has occurred expenses keep on going up, but things such because we do not have the right legislative as airfares, from which they may be able to protection in place. I know that we can say earn commissions, continue to fall. Travel again and again, “Please do not get caught”. agents believe that they are not being treated As it is now, no-one can expose those people even-handedly. until they are in gaol. They can continue to The press, as members in this place operate, and they are continuing to operate Legislative Assembly 5395 9 November 1993 would be aware, have a field day when a afterwards, she had an additional levy placed travel agent goes out of business, but the upon her. agents ask, “What about the many other This levy was the result of a revised businesses which fall by the wayside, often formula for the calculation of the levy now in with considerable human, financial and ratio to business turnover of 0.03 per cent of emotional cost?” They believe that their small that turnover. Part of this additional cost could area of the total travel/tourism industry is have seen this person fork out anything up to totally overregulated out of proportion to its another $259. So members within this place contribution to either the industry or the may say, “So what? That $259 does not really economy. They believe that this is not just mean all that much to many people.” But I from State Government requirements but from can assure members that, if agents are other various requirements, including auditing operating at the margin on a very thin requirements, compensation funds, the IATAA budget—and many of them are—they can requirements, as well as other relevant really end up in trouble when a lot of these industry bodies. little bills come in which they simply cannot It was interesting to note that, whilst pay for. many licences were surrendered recently as a All of these costs and regulations are result of the difficult economic circumstances I placed on the industry, obviously, with a view have mentioned, many more were given out. to protecting the consumer from shonky The industry contends that whilst the operators. One of my constituents who has Government is happy to take the people’s made representations to me wrote to the money for licensing, it does not make too previous Minister and gave her views as to much of a contribution towards counselling the why shonks get through the net. The reasons players it licenses about profitability. There are that she stated were several, but the main no regulations or even guidelines about, for one was that there were too many people example, the number of travel agents who these days who retire early; that is, there are may set up in any given areas. They claim too many superannuation and redundancy that there are regulations for butchers, milk recipients and semi-retirees who enter the vendors and newsagents, but in this area this industry for the wrong reason. It is a hobby or type of concern seems to be fairly scarce. an in-between job for them until something As I have stated, the industry, like all better comes along. In fact, it is contended by industries, finds itself in recession times. It long-term professionals within the industry that does not welcome any added imposts, this industry has short-term glamorous appeal particularly through compensation funds and that is why people are attracted to it. contribution. The contributions collectively, According to my constituent, there is little they claim, do not potentially cover the worst in the way of criteria required for business case agent failure pay out figure. In all other premises. The question that needs to be industries, they contend that it is really up to asked is: when does a travel agency have to the consumer to be aware, as well as self- look like a travel agency? Apparently, a travel regulating bodies—for example, the legal agency can be run from a car, a spare room profession. They ask the question: why are we or a garage in a house, as an annex to a different? restaurant, a real estate office, newsagent or As members would be aware, the Travel garage. It is suggested by my constituent who Agents Act makes licensing conditional on the operates in this field that this section of the prospective travel agent satisfying certain Act should be reviewed and redefined. financial criteria, this criteria being overseen I wish to place on record, on behalf of this and enforced by the members of the Travel and other constituents who wrote to the Compensation Fund Board. previous Minister for consideration, that he did For the information of honourable afford their representations. They particularly members, I wish to instance briefly the appreciated a response from Mr Milliner, the experience of one agent in my electorate. previous Minister. That response stated— Back in September 1992, she was advised “I appreciate your comments that that of all her dealings were financially in order there are some agents who pose greater and acceptable to the board. She paid $150 risks and I will be having discussions with to cover the compensation fund contribution my interstate ministerial colleagues to requirement plus the Government licence fee review the operation of the Travel of $365. Nothing financially or structurally Compensation Fund to ensure that there changed over a short period after those is a more efficient method of detecting requirements were met. However, shortly these agents so that the collapse of such 9 November 1993 5396 Legislative Assembly

agents has minimal impact on the viable congratulate him on doing so. I know that the members of your industry.” new Minister, Deputy Premier Tom Burns, will That constituent was very grateful that Mr also be active in warning people about the Milliner did give that indication of wanting to activities of these unscrupulous operators. review this whole issue of travel agency Blowers specialise in invoice fraud. They competency. There is clearly a very strong can cost business across the State millions of case to protect consumers and to, therefore, dollars each year. They work on the basis that put imposts on people within the industry to if they send an invoice to a company, it has a capture the shonks or to cover the risk chance of slipping through internal checks and associated with the operation of the shonks. being paid, regardless of whether or not any But there are also many other legitimate advertising has been provided in people—including these constituents, whose return. There are numerous cases on record views I have been representing during this of such invoices being detected just before contribution—who would very much appreciate being paid. Consumer Affairs receives many the new Minister taking a very close look at complaints about unsolicited entries in the area of risk that exists in their industry, with business directories or magazines. a view to coming up with a solution which will Sometimes, the producers of those see the burden more equitably spread in publications print only a small number— terms of covering the risk. I commend their sometimes only a handful—to send to their views to the Minister, and I would be very victims. Yet they often claim that the interested in hearing his response to them. publications are distributed nationally or Mrs ROSE (Currumbin) (2.58 p.m.): The internationally, and they send a bill to a Department of Consumer Affairs plays an company or small business for payment, when important role in protecting the rights of in fact no advertising was authorised. Small consumers in Queensland. One of its jobs is businesses are a popular target, because to deal with complaints from consumers. But there is often no single employee designated under this Government the department has for checking or authorising particular tasks also taken a hands-on approach to consume such as advertising. The answer is not to pay awareness campaigning. invoices for advertising in directories or magazines before checking their authenticity. The department’s policy of raising Nobody should pay for unauthorised community awareness is designed to help advertising. people avoid being tricked into wasting money on illegal and bogus products, ventures and The department is also sensitive to schemes. To that end, I would like to particular seasonal pressures placed on congratulate the former Minister on consumers. The biggest single problem for maintaining the momentum of this campaign. many people over the Christmas period is Because of its tourism base, a large transient financial overcommitment. Some people population and massive retail industry, the simply spend too much. It is important that the Gold Coast is a prime hunting ground for department continues to play an active role in those contemplating fraud. To date, the advising consumers of the pitfalls of utilising information campaign waged by the credit when Christmas spending exhausts the Department of Consumer Affairs on the Gold financial reserves, as it does every year to Coast has been successful in thwarting many many thousands of families. It is only in the of these criminals. Unfortunately, they are still new year, when the bills start rolling in, that around and still likely to prey on those most people go into financial shock. Some financial likely to trust them—the elderly and the counsellors say that it is not unusual for some disadvantaged. There are number of issues people to be paying off last year’s Christmas that the department will continue to target in bills many months later. its campaign to rid the Gold Coast of such There is no doubt that credit can be a criminal activity and, in doing so, protect the vicious cycle, and it is the responsibility of the rights of consumers. Department of Consumer Affairs, in protecting In particular, the Gold Coast region the interests of consumers, to make them appears to be the home for a number of aware of the dangers that exist. Statistics producers of so-called “business directories”. demonstrate that the average Australian owes The proprietors are known as “blowers” and around $1,000 in credit card debt. The they target businesses for unsolicited message that the department will continue to advertising. The former Minister for Consumer push is in the form of a few simple rules. The Affairs, Glen Milliner, made a number of public department will encourage those who must statements warning about blowers, and I use a credit card for Christmas shopping to try to use only one. Many people find it easier to Legislative Assembly 5397 9 November 1993 dismiss the growing debt if it is divided up will be to work cooperatively with other States among a series of cards, but people are less and the Commonwealth on the issue of likely to overuse credit if they see it mounting uniformity in consumer affairs regulation and up on one card. Christmas shoppers should legislation. Within the next year, the Minister be warned to beware of “buy now, pay later” will take part in another meeting of the offers. Some traders will defer billing for Ministerial Council on Consumer Affairs—or holiday purchases until February or March in the MCCA—which is convened by the the next year. Commonwealth. This body comprises In its information campaign, the Consumer Affairs Ministers from the Department of Consumer Affairs will continue Commonwealth, the States and Territories to remind people that alternatives exist to and New Zealand. The MCCA’s objective is to using credit cards. Of course, lay-bys are the develop a uniform approach to consumer best alternative, as they attract no interest affairs on matters of national interest. I charges. However, they are legally binding understand that the MCCA is moving closer to agreements, and the conditions are set by the a real resolution of the existing anomalies in trader. The price of the good should always be consumer affairs legislation between the fixed over the period of the lay-by. The States and the Commonwealth by proposing potential dangers of credit is just one of the a national consumer affairs agenda. In this many pitfalls that consumers face, particularly way, the Queensland Government is working in retail centres such as the Gold Coast and cooperatively with other authorities to ensure Brisbane. It is estimated that 15 to 25-year- that existing loopholes in consumer protection olds spend $4 billion every year on consumer are closed through a uniform approach. items. At least 34 per cent of that age group The Queensland Government, through have at least one form of credit. the Department of Consumer Affairs, is As I have said, in the 1993-94 period, the working hard to increase consumer protection. Department of Consumer Affairs will continue It has had the foresight to touch upon the to be an active public awareness campaigner issue of more effective consumer advocacy, on matters of consumer rights and consumer and the commonsense to work cooperatively protection. The Department of Consumer with the Commonwealth, other States and Affairs has an excellent track record in this Territories and New Zealand to ensure that our regard. For instance, it has developed a range consumers are protected in the majority of of new brochures and education programs for their transactions. consumers, traders, students and special Consumers in Queensland are also needs groups. This was carried out in the conscious about purchasing Australian-made 1992-93 period. products. They understand the importance of In the 1993-94 period, the Department of purchasing goods that are produced and Consumer Affairs will investigate the manufactured in Australia. I want to decentralisation of its services. It will also look congratulate the Federal Government on to the establishment of consumer advocacy heeding those concerns and implementing a networks to provide more detailed and system of labelling to ensure that consumers effective representation for consumers in will never be fooled into purchasing a product Queensland. The uniformity of consumer on the fraudulent grounds that it is Australian legislation from State to State and between made. That is an important step forward for the States and the Commonwealth is consumer affairs and for the Australian-made extremely important. Consumer transactions campaign. are not limited by State borders. Without I am informed that the complaints uniform consumer legislation, the potential handled on the Gold Coast over the broad exists for those with ill intent to exploit range of fair trading issues is usually dealt with anomalies and loopholes between State and by the Office of Consumer Affairs. The Gold Commonwealth legislation and threaten the Coast area is served by a Consumer Affairs rights of consumers. The potential for this lies office based at Southport. During 1992-93, a in areas such as conditions and warranties in total of almost 1 250 complaints were lodged consumer transactions, manufacturer’s liability at the Southport office by consumers on a and consumer credit. Consequently, these range of issues. It also handled 14 500 areas have been concentrated on up to this telephone inquiries from consumers and point. 2 800 phone inquiries from traders. I understand that, in the coming year, Time expired. one of the most significant priorities of the Mr FITZGERALD (Lockyer) (3.07 p.m.): Queensland Department of Consumer Affairs Recently, we have seen a reshuffle in Cabinet. 9 November 1993 5398 Legislative Assembly

When a Cabinet reshuffle occurs, portfolios iceblocks and oranges to bread and milk. change. In one of the previous Cabinet They are an important part of the retail reshuffles, the Attorney-General shunted out industry. The two stores named by the Gold of his jurisdiction the Classification of Coast Bulletin reporter were the Night Owl and Publications Act and the Classification of Films 7ÐEleven stores, both of which, it would be fair Act. Obviously, Mr Wells did not want those to say, are categorised as family stores. It Acts to be under his care. However, these two should be noted that, following the Gold Coast Acts are now administered by the Department Bulletin story about the sale of the magazines, of Consumer Affairs, which is now part of Mr the management of both the Night Owl and Burns’ portfolio. The Committee will recall that 7ÐEleven stores immediately withdrew them the Labor Government introduced those two from sale. It seems that the policy of pieces of legislation in 1991, but they became management of both stores was that no operative only in November 1992. It took a fair Category One material should be sold, but the while for that legislation to come into ultimate decision lay with the franchisee. It operation. Therefore, it is of interest to seemed, too, that Category One and consider the outcome of the policy decision as Category Two magazines are available at it applies to the Classification of Publications some convenience stores throughout the Act. State. The question must be asked: is this When the Bill was introduced, the then Labor Government ensuring that the laws it Minister for Justice said— introduced are applied and policed? Secondly, are the Goss Labor Government censorship “No pornographic material will now be laws as strict as it would endeavour to have us sold in Queensland.” all believe? I emphasise that the then Minister for Justice The initial part of the question is said— addressed first. There is in existence a “No pornographic material will now be publication/films classification office and it has sold in Queensland.” an officer. The composition of this office is not That is similar to the “no child will live in known. The annual report does not detail this poverty” statement. information, nor do the Budget papers. In other words, we are debating the Estimates Honourable members can do their own yet we do not even see that Estimate in a line market research—and I have done a bit—but in the Budget papers. According to the annual last month the Gold Coast Bulletin reported report— that illegal magazines—— “The officer has developed a code of Mr Burns interjected. conduct with retail, wholesalers and Mr FITZGERALD: I do my market sellers which has set in place a formal research by listening to what I am told by requirement for the interchange of people who come into my office. Last month, information that will assist in compliance the Gold Coast Bulletin reported that illegal with the legislation.” magazines with explicit and highly The publications tribunal, which is to be embarrassing photos were available at Gold constituted under the Classification of Coast convenience stores. It seems that a Publications Regulation 1992 for the purpose Gold Coast Bulletin reporter bought restricted of hearing appeals lodged under section 37 of Category One magazines from convenience the Classification of Publications Act— stores. According to the Classification of according to the annual report—has not yet Publications Act, the maximum penalty for been established, but it seems that some that offence is $3,000 or three months’ progress has been made towards this end. imprisonment. That Gold Coast Bulletin That is ridiculous. The Government has not reporter stated that the three stores visited even established what it said it would do stocked Category One—and I will name under that process. It was a big show at the them—Mayfair and Risque magazines; two time. This Labor Government made stores kept Category Two Gallery magazines; statements like, “No pornographic material will and one store carried a Category Two be sold in Queensland.” It has not set up the magazine titled Fox, which I presume has wherewithal—the mechanism—to implement nothing to do with the Leader of the House. that policy. Shame on it. The way that this is The names of the magazines are being handled is typical of this Government. It irrelevant, but a major community concern is is outrageous. It is, indeed, a sorry admission, the convenience stores involved. They are and it is unfortunate that the department is well-patronised and well-known stores and are dragging the chain with respect to the frequented by minors for items ranging from establishment of the tribunal. Legislative Assembly 5399 9 November 1993

Of passing interest only is the fact that, are a farce and the standing joke from one according to the 1991-92 annual report, the end of Queensland to the other. We will function of the Literature Board of probably hear something about that in the Review—although it had no members, it was next Estimates that are to be debated. The still alive—was to examine and review honourable member for Brisbane Central can literature with the object of preventing the certainly confirm that claim. I am fearful the distribution in Queensland of objectionable same thing will be said about the classification literature. May it now rest in peace. It cannot of publications laws. be denied that while it was in operation it did a Whether the Goss Labor Government sterling job. likes it or not, a test has been applied. The An appropriate answer to the first part of result has not been a good one for the the question that I raised would be that the community. For the information of the code of conduct is not working, as evidenced Committee, I point out that the new laws are by availability of the objectionable Category already being branded a farce. This One and Two magazines from well patronised accusation comes from a Gold Coast sub- and known convenience stores. That is a fact agency owner, who said that “nobody knew a that the Labor Party will have to accept. damned thing” about whether they were Equally, as it was a Gold Coast Bulletin stocking legal or illegal magazines because journalist who drew the attention of the there was no advisory system. He went on to Minister to the banned magazines, then it is say that the laws were so complex that no-one fair to say that the laws are not being knew what was right or wrong. adequately policed. The Government has laws The new Minister, Mr Burns, would do there that it is not interested in policing. well to direct his attention to this problem. The I turn to the second part of the question: Minister cannot run away from it. “Mr Fixit” is are the Goss Labor Government censorship what he is called, and he has to fix the laws strict enough? When the Classification of problem. That is all there is to it. The Cabinet Publications Bill was debated in 1991 the gives him every department that is in a mess; Opposition argued that it was not strong he makes a bigger mess of it, then he walks enough. It seems that it was correct. Towards away from it. the end of last month, a District Court jury An honourable member interjected. acquitted a sex shop owner on charges of selling and exposing for sale without lawful Mr FITZGERALD: That is exactly what justification or excuse obscene materials that happens. There is plenty of evidence of that. tended to corrupt morals. The acquittal was The Minister cannot run away from this one. achieved despite the fact that, under the There is a problem, and it is no good his Classification of Publication Acts, the sale of saying, “It can be solved, it is going to be the obscene magazines is illegal. To be quite solved. “ accurate, the charge was laid in August 1992, Mr Burns: Did you get sold a bad book? prior to the commencement of the Mr FITZGERALD: The Minister has to do Classification of Publications Act. The something about this problem. defendant argued that 600 magazines, which were imported from Europe and America, that Earlier this year, the Queensland Labor had been seized had been passed by the Government moved to amend the Federal Government. It is said that they could Classification of Films Act to provide for a new be obtained by mail and, in some cases, at MA—mature audience—category that allows newsagents. That was his defence, ”You can entry to films for anyone aged 15 or older. buy it interstate, you can buy it at other However, those younger than 15 can be newsagents. Therefore, I should not be found admitted if they are accompanied by a parent guilty of selling this material in Queensland.” or guardian. It was an initiative of the Prime That is not a defence, we know, but it was Minister and taken up by the council of used. I believe it is probably a fact that that Australian Governments. The film industry has this material can can be obtained interstate. been highly critical of the new rating system The defendant used that as a defence. for several reasons, including that it was not consulted. It maintained that there were That is not an auspicious start to the use practical difficulties in enforcing the law. This of new legislation. A clear analogy can be included determining whether a person was a drawn between the Classification of parent or a guardian. It is a bit hard to Publications Act and the discredited determine that. There is no doubt that the amendments to the prostitution laws. As the community in general supports this new rating. Committee knows, the prostitution laws introduced by the Goss Labor Government 9 November 1993 5400 Legislative Assembly

Censorship is a complex and difficult on the back for the work that they have done. area. Recently, there has been a barrage of One honourable member mentioned that the calls for more legislation to regulate Consumer Affairs Office is responsible for 89 pornographic computer games and videos. At Acts. He said that it should have its own the end of last month, a Senate committee, director-general. Well, it has. Of course, as established to devise a new classification Consumer Affairs has only 328 employees scheme for saucy and violent computer and the new department has about 4 500 games, released its recommendations for permanent employees, about 83 000 banning sexually explicit computer games. volunteers and about 2 000 auxiliaries, the The copiers had not had time to cool down new director-general faces a substantial task. before there was a new form of virtual reality He has shown his skills previously and he will pornography on the market here in be an important asset to this new department. Queensland. It was a dreaded mail order kit. I welcome him to it. Pro-family groups feared that children might The honourable member spoke about get access to that material, and were the Auctioneers and Agents Fidelity outraged. These are major concerns, and that Guarantee Fund and said that it had dropped is why I am raising them in this Estimates to $60m. It should be remembered that under debate. There are many other things I would the previous Government, there was like to say in the debate, but time precludes consistent criticism by the Auditor-General that me from doing so. I ask the Minister to give it was being allowed to build up and was not his attention to the issues I have raised. being used. That was in the Auditor-General’s Hon. T. J. BURNS (Lytton—Deputy reports. I remember it and, if the honourable Premier, Minister for Emergency Services and member is honest, he will admit that he Minister for Rural Communities and Consumer remembers it. Affairs) (3.17 p.m.), in reply: In responding to The previous Government recognised this Estimates debate, I thank all honourable that in 1988. Members of that Government members for their outstanding contributions to were the ones who started the process of the debate on the provision of services to taking money from the fund, firstly, to fund a protect the interests of consumers in program under the Commonwealth-State Queensland. The level of the debate was Housing Agreement and, secondly, to set up outstandingly high. Anyone reading the Rental Bond Authority. Those projects Hansard—— have continued. It is true to say I was one that An honourable member interjected. kept asking for more money for housing from Mr BURNS: Of course it was. Everybody that fund, which allowed us to provide 80 per made a contribution. I have no arguments cent of the money for community groups in about the honourable member’s contribution. areas all over the State, and to do something If he puts up a case, we will have a listen to it. to address the specific problems of people Firstly, the people reading Hansard will with disabilities. I do not back away from that. I appreciate two things: they will understand the think it was a good scheme that made good diversity in this portfolio ranging from fair use of that money. As I said, prior to 1989, trading issues to the consumer advocacy Treasury had been carrying on negotiations network, get-rich-quick schemes, mobile about that scheme with the Department of homes, retirement villages, and censorship— Justice. Mike Ahern was involved in the just to name a few. scheme at the time. The Government has continued the process, which has been a Mr Santoro: Travel agencies. good one. Mr BURNS: Travel agencies, yes. Another concern raised by the Secondly, they will observe the absence of honourable member was the foreshadowed criticism of the way in which the office has changes within the Office of Consumer Affairs conducted its affairs over the past 12 months. which will result from a program evaluation They will also notice an absence of criticism of presently being undertaken. I give the Glen Milliner and the work he did during the honourable member an assurance that we are four years that he was the responsible not talking about reducing numbers. Any Minister. The department is well focused, and restructuring which takes place will be its programs are designed to meet general organisational changes largely associated with consumer needs. It is clear that members reporting lines. With a tight budget we have to opposite accept the valuable role played by get the best value for money. Everybody does departmental officers. People from the Gold that. We ask our officers to do that. They are Coast, people from Keppel and people from a very professional staff, and I expect that many other electorates have given them a pat Legislative Assembly 5401 9 November 1993 they will deliver on the requests that I make of them.track down those persons and take whatever As to Gordon Nuttall, the member for action is possible under the law. Sandgate—everyone would want to build a Mr Stoneman: Flog them. retirement village at Sandgate overlooking the Mr BURNS: I am not too sure about bay, especially me, being an old fisherman. flogging them. Clem Campbell spoke about a His comments about the future management very important issue. Many of the problems of retirement villages were important. The about which he spoke fall outside the scope of protection of the elderly is particularly State Government action. I notice that the important in the last stage of their lives when honourable member is nodding in acceptance they buy into those schemes. There was a of that. If he believes that the Australian very bad case about retirement homes in my Securities Commission is not operating electorate, and I think people are still being effectively—and there are a lot of people who prosecuted. For rural communities that are would agree with him—perhaps he would like looking for people who want to live in those to take it up with the Federal Attorney- areas, the retirement village concept is very General, who has responsibility in these areas. good. We have to review the Act. I I share the honourable member’s concern foreshadow some amendments. We will about finance brokers and agree that action is continue to provide consumer protection and needed. They prey on the gullible and throw a legislative framework that ensure protection them a life raft when they are really in trouble. of residential interests. I thank the honourable The office is currently looking at finance member for his contribution. brokers legislation in Victoria and elsewhere Judy Gamin made a point about the Gold and considering whether a code of conduct for Coast office. I thank her for her support of that finance brokers would be a feasible alternative office. It is nice to hear that it is doing a good to licensing. job. With respect to the requirement for a real The honourable member for Merthyr estate salesperson to attend exams in raised the issue of the Travel Agents Act, Brisbane—I will direct the office to examine a which was introduced by the previous more effective way of providing that service. Government only following representations The drafting of a definition of “mobile homes” from travel agents themselves. I recognise is with Parliamentary Counsel and will be that the legislation and the fund need to be progressed as quickly as possible, subject to reformed. At the last meeting of the Ministerial there being certainty as to the definition. Council on Consumer Affairs, initiatives were My mate Bob Dollin from Maryborough put in place to rationalise the operations of the spoke about the Queensland Motor Vehicle Travel Agents Compensation Fund. It is to be Security Register. The office will be hoped that, in the next 12 months, the undertaking a significant education and legislation and the fund will operate in a more marketing program to ensure that consumers, satisfactory way. I take on board the especially the young ones who are buying honourable member’s concerns and criticisms their first car, are aware of the need to check and will ensure that, in the current review of the title of the vehicle through the register. the operations of the fund and the legislation, About 98 per cent of private consumers who they are kept in mind by the office during its make an inquiry of QMVSR obtain a investigations. certificate, and this is good. As to the contribution by the member for Vince Lester spoke about how he bought Currumbin, Merri Rose—tele fraud or invoice his films here and how they were dearer fraud is a problem that has been growing and overseas. He should have mentioned that it continues to grow. I point out that quality would be the State and Federal Governments assurance is one of the most effective ways of that should get the credit for keeping prices preventing that fraud. As Minister for down. As to itinerant house painters—the Administrative Services, I supported quality honourable member might be interested to assurance. The evidence today convinces me know that the office has specifically targeted that I was right. While legislation is an those people. We put a lot of time and effort important tool in assisting consumers, just as into investigating fraudulent door-to-door important is spreading the word. We must house painting activities. My predecessor in educate people. I hope to introduce the this portfolio, Glen Milliner, appeared on the template of consumer credit legislation for Channel 7 program Australia’s Most Wanted Australia into the Queensland Parliament in about a particular shonk in those areas. The the August 1994 session. I thank the office is aware that shonks are targeting the honourable member for her submission and elderly, and it is making a concerted effort to her continued work for consumers. 9 November 1993 5402 Legislative Assembly

As to the contribution of the member for has been allocated to the commission from Lockyer—the problem with the pornography the Consolidated Fund. The Queensland issue is simply that some people in the retail Corrective Services Commission is industry are buying from shonky wholesalers approaching the end of its first five years of who call at their doors. In the next couple of operation as a statutory authority headed by a weeks, I should be able to make a ministerial community-based board. Today, I believe it is statement to the effect that genuine, bona timely to look back five or six years, remember fide distributors will receive approved the condition our prison and probation and distributor status. As a result, people would be parole systems were in and reflect on the crazy to buy from a retailer who does not have enormous changes and gains which have approved distributor status. The people who been evident since that time. are selling to corner stores and garages are During the last four years, this not legitimate distributors. The large Government has maintained a clear course distributors are keen to have some sort of which is aimed directly at providing approval basis put in place. People can phone Queensland with an efficient and effective David Canavan, the officer in charge of this system of corrections. To do this we have had section. We will be publicising that number. to look at the defined immediate needs and The authorised supplier system will be on line the long-term probabilities and implement by the end of this month. strategies which will fulfil all of these It is all in the minds of people themselves requirements. I believe this is being done. We as to whether or not something is can demonstrate the success of this approach pornographic. It is a matter of one’s set of through achievements to date, and we can standards. Because many people write to my highlight indicators which point to the fact that office about this, there is no time for the fellow our long-term strategies are on track. who looks after those matters to do any work, The public has every right to demand that because he is continually responding to the services provided by agencies in the someone who sees pornography in every criminal justice system are adequate and cost book and every thing. One person raised with effective. The Queensland Corrective Services me a number of women’s books that are sold Commission has demonstrated its ability to do over the counter and even displayed in the this. This has not resulted in a diminution of Parliamentary Library. The men’s books were service quality, but rather it has ensured that removed, but the women’s books are on better use has been made of available funds, display over there. I have received letters in areas of waste and neglect have been my electorate office—and they have nothing identified, and the available funds have been to do with me as a Minister—complaining channelled into areas of greatest need. about the Women’s Weekly. I do not know The Queensland Corrective Services how we conduct the test. Commission has demonstrated strong and Mr FitzGerald: Dolly is certainly obscene effective fiscal management. The to some parents. You should read Dolly commission’s system of financial reporting is magazine. now a model for the rest of the public sector. Mr BURNS: To be quite honest, I am not While Queensland taxpayers may applaud into women’s magazines. I am into fishing this result, the success of the commission’s magazines, and I have never seen anything service delivery is probably better measured pornographic in a fishing magazine in my life. I by the fact that, in the past five years, the thank all honourable members for their reimprisonment rate of offenders has fallen by contributions to the debate and commend the almost 20 per cent. Figures published by the Estimates to the Committee. Australian Institute of Criminology clearly show the return rate of prisoners to correctional centres in this State has fallen from a national Minister for Corrective Services average of about 60 per cent to just 46.2 per Hon. P. J. BRADDY (Rockhampton— cent. Minister for Police and Minister for Corrective This massive reduction in the re- Services) (3.28 p.m.): I lay upon the table of imprisonment rate means that Corrective this Assembly an erratum to the Queensland Services is playing a very significant role in Corrective Services Commission annual report crime prevention. Without this reduction, many for the year ended 30 June 1993. more victims would have been created and It is my pleasure to introduce the there would have been substantial additional Estimates of the Queensland Corrective costs for agencies such as the police and the Services Commission. A sum of $140.19m courts. The commission has also been able to Legislative Assembly 5403 9 November 1993 make substantial savings by using more Clermont and the relocation of the WORC appropriate placement options for offenders. scheme headquarters from Dutton Park to The imprisonment rate in secure custody, Wacol. as distinct from the re-imprisonment rate, has The extra $1m allocation in this year's been reduced by the introduction of innovative Budget will enable the establishment of and highly successful schemes such as the additional WORC camps in the Cape York Work Outreach Program. Establishing and Peninsula/Gulf of Carpentaria region and maintaining a secure environment for inmates western Queensland. It is proposed to attach and custodial staff alike is an essential these camps to the northern correctional prerequisite for any system of corrections. centres. The new works include the provision Construction work completed during the and upgrading of mobile buildings and camp past year has included staff facilities at facilities such as kitchens, sleeping units and Borallon Correctional Centre, extra industries ablution blocks and the provision of a capacity at Sir David Longland Correctional permanent staging camp. A number of Centre and extensions to the Training and offenders accommodated within these camps Development Centre. 1992-93 also saw a are expected to be Aborigines—a policy in review of requirements for physical security keeping with the recommendations of the upgrades and perimeter security upgrades Aboriginal deaths in custody report. completed at a number of correctional Other capital works totalling $4.7m this centres. financial year will include: $2.85m for an The Corrective Services Commission has expanded minor works program; $500,000 been allocated some $15m in 1993-94 for its toward the updating of fire services at capital works programs. The commission's correctional centres; $200,000 for the major current program is the redevelopment of completion of the Arthur Gorrie Correctional the Townsville Correctional Centre, where an Centre; $598,000 for sewage connection estimated $6m will be spent this financial year works at Wacol; $270,000 for the relocation of as part of a $9m three-year refurbishment the Brisbane Womens' Prison administration; program. The project involves the partial and $248,000 for the trial of new security redevelopment of the centre into a new village equipment at the Sir David Longland concept of offender management, with the re- Correctional Centre. establishment of the recycling centre and a The Queensland Corrective Services number of other prison industries and the Commission's Offenders Program provides a demolition of the State's last remaining wide range of correction options within which unsewered cells. The remaining $3.2m cost of offenders can correct their behaviour whilst this redevelopment is set down for next subject to an appropriate degree of control, financial year. The emphasis on upgraded which minimises their risk to the public. As at security at correctional centres will continue, 30 June, 2 068 offenders were in secure with a further $4.2m allocated for the custody, 238 low-risk offenders were on the completion of perimeter fencing upgrades at WORC scheme and 16 362 offenders were Townsville and Wacol Correctional Centres. supervised under various forms of community The Corrective Services budget also sentencing options. allocates an extra $1m toward the expansion Amongst the program highlights of the of the Work Outreach Camps. The WORC past year were the following: the number of scheme was introduced in 1991 after the escapes and deaths in custody fell by 20 per successful utilisation of a team of 130 cent and 40 per cent respectively; the prisoners in the huge clean-up following the notorious 109-year-old Boggo Road goal was 1990 Charleville floods. The camps involve officially closed—— volunteer groups of offenders assisting in forestry, national parks, local authority and An honourable member: For good? other public infrastructure work in country Mr BRADDY: For good. New rules areas. enabling uniform commission—wide sentence During the last two years, the WORC management were adopted; the highly scheme has proven to be a viable alternative successful WORC scheme was expanded; to custodial detention for most offenders, and new standards of health and medical simultaneously easing the pressure on secure services for all offenders in custody were centre populations and providing meaningful developed and implemented and annual work for low security risk inmates. The scheme medicals were introduced for all long-term was expanded during the year with the inmates. opening of two new camps at Winton and 9 November 1993 5404 Legislative Assembly

Plans for 1993-94 include finalisation of increase community awareness of, and the development of case management; an participation in, correctional activities. anticipated reduction in the number of ATSI Members of the public become involved prisoners as a proportion of the total secure through membership of corrections boards or custody population; enhanced staff training in through membership of one of a number of areas of security and safety of inmates; specific interest groups and non-Government utilisation of the new Penalties and Sentences agencies. Examples of this involvement Act to make more use of non-custodial include the official visitors scheme, community options; further expansion of the WORC advisory boards at all centres, community scheme; and efforts to further reduce the corrections boards which decide offenders' number of escapes, deaths in custody and release under community supervision, contract assaults by inmates on other inmates. management of centres by private In recent years, and particularly last organisations and companies, and program financial year, the number of offenders under delivery by community agencies. community supervision has risen considerably. Achievements during the past year We have seen a 160 per cent increase in the included the establishment of a number of number of offenders under community community advisory committees throughout corrections orders since the pre-commission the State. The role of the committees is to days. The commission has ensured adequate enable greater community input into the funding for this area of its operation with a 231 running of correctional centres. All correctional per cent increase in funds during the same centres, with the exception of Sir David period. This expenditure does not include Longland, now have a community advisory more than $1.5m spent on contracted committee, as do all corrections regions. In community hostels last financial year. In addition, all correctional services contracted to addition to this massive increase in non-Government agencies were audited expenditure, there has also been a 175 per during the last year. cent increase in community corrections staff The commission believes that it can during the life of the commission. reduce service duplication by utilising existing From a public point of view, the activities community services, thereby reducing the cost of correctional centres claim the most to the taxpayer. Further expansion of this attention. However, when one considers that initiative will be examined during the coming there are around 6 000 offenders passing year with a view not only to reducing the cost, through correctional centres each year but also to improving the quality of programs. compared with an annual caseload of more Deferred community interaction proposals than 20 000 offenders under community which are now planned for this financial year supervision, the importance of community include the implementation of a Statewide corrections in the system must be recognised. system to inform the judiciary of non-custodial A comprehensive internal review of sentencing options and plans to introduce a community corrections is at present under pilot system for victim/offender reconciliation. way. The report of the review committee has Other plans include the development of been finalised and distributed throughout the regular information exchanges with the commission and among significant judiciary; the encouraging of greater stakeholders. Responses to this report are community agency participation in the delivery due in later this month and the commission of correctional services; and the engagement board will then decide on any changes which of other agencies in a joint approach to crime. may be made to this arm of the commission's In terms of human resources, the operation. It is worth noting that a preliminary commission's aim of recruiting, developing assessment of the impact of the new and supporting high-quality staff continues. Penalties and Sentences legislation indicates Highlights of the last year include the a reduction in the number of short-term continued development of the Performance offenders coming into the system. This Planning and Review System and apparent trend will be closely monitored over implementation of the Equal Employment the coming year so that an accurate Opportunity Management Plan; the provision assessment on the impact of this legislation of an average of 4.5 days training per staff can be gauged. member; the completion and opening of new Community involvement in the delivery of extensions to the commission's training and corrective services is a hallmark of the change development centre; and the finalisation of process now under way. The aim of the the TAFE Associate Diploma in Business commission's Stakeholders Program is to (Justice Administration), with more than 400 Legislative Assembly 5405 9 November 1993 students currently enrolled in the pilot scheme. centres with Government contracts; and The associate diploma is providing a secure cost/benefit analysis and evaluation criteria for basis for a work force able to deal with an all new industry proposals. increasingly sophisticated and technologically The administration of Corrective Services complex correctional environment. is a challenging job at the best of times. I am also pleased to note that Aboriginal Among other things, the Kennedy and Torres Strait Islander staff now comprise Commission review, which led to the 4.36 per cent of total commission staff—a establishment of the Corrective Services result which outstrips most other areas of Commission, found poor prison management, Government employment. A successful overcrowding, poor officer training, disjointed workshop jointly funded by the commission training, a tired, demoralised and inefficient and the Department of Employment, administration and chronic underfunding. I Education and Training was held in May to believe the measures outlined in the examine issues relating to the employment commission’s annual report and the budget and retention of Aboriginal and Torres Strait comprehensively show that all of these issues Islander staff within the commission. have been and are still being addressed. The Staff training objectives for 1993-94 present PSMC review into Corrective Services, include an increase in training provision to an which was instigated at the request of my average of five days per staff member; predecessor, is due to report by the end of accredited post-secondary education to be this year. undertaken by 30 per cent of all staff; a On a personal note, in the coming year I continued increase in the employment of ATSI hope to see continued progress on the staff toward the target proportion of at least 10 implementation of the Kennedy reforms and per cent of total staff; performance planning any recommended changes that arise from and review to be implemented throughout the the current PSMC review; a continued commission; targeted reductions in the reduction in the rate of recidivism within the number of reportable workplace injuries and corrections system; closer cooperation with illnesses and assaults on staff; and further police and Corrective Services staff on issues development of information exchange of security, police watch-houses and other systems between staff. areas of mutual involvement; and a further The goal of the commission's Industries reduction in the current over-representation of Program is to offset the cost of corrections Aboriginal and Torres Strait Islanders within whilst at the same time ensuring that all correctional centres and continued progress employed inmates are able to make an toward achieving greater numbers of ATSI economic contribution to the commission and custodial and community corrections staff. society. The scope of activities undertaken It is important to acknowledge that no within the commission's facilities range from correctional system will be universally farm production and bakeries to slate tile accepted by everyone. Depending on which manufacturing and sawmilling. side of the fence one sits, a prison system A significant effort has been made to especially and, to a lesser extent, community increase the revenue from prison industries, corrections will be perceived to be either too and industries revenue has doubled in value soft or too harsh, ineffective or overzealous. since the commission was established. This Government is determined to take all Among the highlights of 1992-93 were the these views into consideration, and come up following: the combined external and internal with a system of corrections which is secure, revenue from the commission's farms and fair, and accountable. other industries amounted to $8.3m; a Success in corrections goes largely business operations strategic plan setting out unnoticed while failures tend to be spectacular revenue, employment and sales objectives for and headline grabbing. Any failure is the period 1993—97 was developed; and a disappointing but, in the area of corrections, is quality assurance system is being formulated inevitable. Attention must be given to at Brisbane Womens' Prison and the Sir David minimising those failures by focusing on the Longland Correctional Centre, with problem areas and providing the necessary accreditation due at all centres by next March. support. Under this budget, the delivery of Industries Program goals for this year Corrective Services in Queensland will be include projected revenue of $9.5m from improved. There will be no dramatic change. commission farms and other industries; further However, there will be careful, positive possibilities for public—private joint ventures; progress. I would like to think this progress will the expansion of quality assurance to all be made with the encouragement, support, 9 November 1993 5406 Legislative Assembly and constructive criticism of all members. In given the surge in population by interstate his summation of the many changes he saw migration of an estimated 1 000 a week in necessary, Jim Kennedy said— recent times. “The process of review has been The sheer incompetence and the utterly dynamic. It is not finished yet. It may breathtaking collapse of any coherent never be.” management strategy and practice were Jim Kennedy is right, and the challenge of revealed in July 1991 when eight dangerous correctional review and reform never really prisoners escaped from the Moreton ends. Correctional Centre. That break-out led to a major review by a three-member team— Time expired. Detective Superintendent Ken Morris of the Mr COOPER (Crows Nest) (3.44 p.m.): Queensland Police Service, Stephen Lonie of Five years ago, as Corrective Services the accountancy and management Minister, I initiated that trailblazing Kennedy consultancy firm KPMG Peat Marwick, and Mr Commission of Review into Corrective Services Trevor Carlyon, a senior Corrective Services and, as a result, the Corrective Services Commission officer. That report was kept a Commission was created. I had hoped and deep, dark secret and, from the Government’s intended at that time that it would be the point of view, understandably so. I have asked beginning of a new era. Certainly, I ensured the new Minister in writing for an official copy, the foundations were solid, that the proper but his response so far has been a deafening structure was put in place and that a proper silence. If he refuses, he will be guilty of being relationship was established between the an active and deliberate player in this Minister and the commission. It was intended scandalous cover-up and will be inextricably then that a major review be undertaken after linked to the monumental failures of the past. five years to honestly assess the successes The report is a very long and a very and any possible failures. This year, 1993, detailed document running for more than 120 was to be the year of that major review yet, pages. It chronicles a disaster just waiting to despite talk about a Public Sector happen. It reveals a system desperately Management Commission review, the results strapped for cash and abandoned, bereft of of which may not be released, the leadership by this Government, and a system Government refuses to commit itself to a which, for want of any other term, has a serious, meaningful and public inquiry. The management by crisis mentality as it lurches reasons, of course, are patently obvious. alternatively from panic to paralysis. Petty Serious underfunding, woefully inept jealousies, disastrous morale, frantic buck ministerial performance and meddling by passing, the avoidance at any cost of everybody from the Premier down have responsibility and therefore blame, abysmal resulted in a chaotic administration driven by lack of professionalism, total moral bankruptcy fierce jealousies and fractured by competing and a desperate siege mentality were egos. revealed—all of this only some two and a half Frankly, the Government, if not the years after I established the Corrective commission, has lost the plot. There is no real Services Commission. I use the present tense philosophy, no guiding policy—not even a deliberately as the principal management pretence of a vision. Figures compiled by the team of July 1991 is still in place. Of course, Australian Institute of Criminology released the then Minister is not there, but nobody ever only last week are a shocking exposure of a really noticed when he was supposed to be system in crisis. In the year to June 1992, there. Queensland had the highest escape rate of It gets even worse. On pages 99 and 100 dangerous prisoners and the second highest of the report, under the heading “Other overall escape rate in the nation. In that year, Issues”, the authors wrote— there were 55 escapes, including 15 by so- called high-security prisoners. I note in the “During the course of the inquiry, the report that was tabled this morning that inspection team was subjected to escapes this year total 44. Figures also reveal requests to prepare interim reports from that Queensland spent only $36.78 per the Ministers and Chief Executive Officers person a year on Corrective Services. That is of both the Queensland Corrective below the national average of $42.26 per Services Commission and the person. For the 1993-94 financial year, the Queensland Police Service as well as the Government is allocating even less than it Office of the Premier. The latter of the spent in 1992-93. So the State’s per capita two also requesting access to transcripts spending is worsening dramatically, especially of evidence. Legislative Assembly 5407 9 November 1993

The inspection team members from senior staff. In his words, “I think it was just a the two Government organisations were bloody embarrassing thing.” placed under pressure to comply with the No doubt, this sort of blatantly political demands from their respective Ministers meddling still happens, which is why I doubt a and Chief Executive Officers. It was also serious independent review of the whole evident that it was unclear who the structure will ever be undertaken. I can only prevailing Minister was. wonder whether the inquiry into the recent The undue interference in the Wacol gaol riot is being subjected to the same process of the inquiry had the effect of— sort of interference. Given past evidence, and delaying the inquiry process; on the balance of probabilities, it is. The report reveals that this mass escape was the result placing the inspection team under of chronic Government underfunding. On undue pressure to comply with the page 106 it states— various requests that was to impact on the process of the inquiry; “In early May 1991, Mr Millican was advised by the Director-General that his and potentially pre-empt decisions budget plan was not acceptable and that regarding the careers of senior his Custodial Corrections Directorate must Queensland Corrective Service manage within an operating budget of Commission employees. $89 million. Mr Millican and his Custodial The inspection team places on Corrections Directorate then developed record its opinion that this interference the Woodford Correctional Centre closure affected its capacity to deal with a plan which included the redeployment of complex issue that should not be allowed the Moreton Correctional Centre for to occur in the future.” south-east Queensland.” So virtually everybody, including the Premier, Mr Millican was at that time the Director of interfered. It was a shameless perversion of Custodial Corrections. Put simply, the the proper inquiry process. Government would not give the Corrective Why did the Premier’s Office want Services Commission enough money to do transcripts of evidence? Because buck the job. passing, blame allocation and political The commission reluctantly, and then damage control had a far higher priority than desperately, thrashed about seeking a simply and honestly determining the reasons solution and found no option other than to for the escape fiasco. Recognising that his quickly close the Woodford gaol to meet the then Minister for Corrective Services was not reduced budget. High-risk prisoners were then up to the task, the Premier felt the urgent rushed into the Moreton gaol, which could not public relations need to say that heads would handle them. The report stated that the final roll. As the inquiry reports stated, this had the time frame of the moves at the Wacol and Sir potential of pre-empting decisions affecting David Longland Correctional Centres was only the careers of senior commissioned officers two weeks. That is shameful and inexcusable. but, for that eminent lawyer, political damage The report identified seven major control was far more important than the deficiencies at the time of the escape at presumption of innocence or the need to let Moreton gaol, including ineffective camera the inquiry run its proper course. surveillance systems, a lack of any operational Only last weekend, we learned more training for custodial officers transferred to about this desperate cover-up. Mr Terry Moreton and a lack of any activities to occupy Stedman, the then member of the prisoners’ time. It revealed that there were commission board representing custodial outstanding maintenance works in the area of corrections, admitted that the board did the escape. Even building materials and tools, everything it could to keep a lid on the inquiry which could be used as weapons by escaping report. Mr Stedman was quoted as saying that prisoners, were left lying around in the prison he had personally told the board that the compound. Moreton gaol “would not keep in chooks.” Mr The administration responsible for this Stedman also admitted that commission foul-up is still there. On page 4 of the report executives had ignored warnings by prison the following point is made— general managers that the reshuffle of prisoners could create security problems. After “The total management team under the escape, board members realised the the Director-General are all in some form potential embarrassment and stood aside four responsible for the failure of the planning process.” 9 November 1993 5408 Legislative Assembly

Frankly, Basil Fawlty would have managed his their offending behaviour while under custodial hotel better. This report makes the PSMC supervision, has suffered a cut in 1993-94 of interim report into the Ambulance Service look $537 000 compared with 1992-93. like a whitewash. Honourable members should In March this year, there were 10 126 not forget that that led to the sacking of the probationers and parolees, compared with Ambulance Commissioner and the dumping 5 816 when I was Minister in 1988. I challenge of the Bureau of Emergency Services Director the Minister to prove that this huge growth in by this Minister in his previous portfolio. these numbers has been matched by a Importantly, has the Government learned corresponding growth in the number of officers anything from this grim experience? Mr Milliner available for their supervision. Even the lost his job after the wild riots at the Wacol Corrective Services Commission itself admits gaol not just because he was incompetent but that each parole officer has to supervise 67 because he foolishly allowed himself to be parolees. The officers themselves claim that seen as incompetent. If incompetence was a the real figure is closer to 100 cases per reason for dismissal, this secret report would parole officer. They are overworked, have resulted in Mr Milliner’s departure shortly overstressed and overlooked. after July 1991. Only the suppression of the The new Minister came to the job only report saved Mr Milliner at that time. recently. He has been keen to portray himself All of these leaks and admissions about as a tough, no nonsense, hands-on this whole episode made an urgent and public administrator. Only time will tell, but we are inquiry necessary. I am aware that the CJC already seeing some example of this macho has no statutory authority to undertake such management style. About 30 seconds into the an inquiry but, if this Minister and this portfolio, Mr Braddy announced that he had Government had the slightest commitment to been provided by the Police Service with accountability, they would invite the CJC to information showing that 32 armed robberies find out the facts about this disgraceful had been committed in the past three years episode and report back to this Parliament. I by prisoners on some form of early release. challenge the Minister to cleanse the stables The Minister said that there would be a because, if he does not, there is only one prompt inquiry. He added that he would be alternative. Undoubtedly, he will refuse this call discussing the matter with the Community and, equally undoubtedly, he will keep Corrections Board, which makes decisions prisoners behind bars in the same way that he about early release, and that he would be has kept prostitutes off the streets. making sure that the board had observed fully The Budget Papers provide an insight the ministerial guidelines when considering into this Government’s view of the priority of applications for early release. The board an effective and efficient corrective services president, former judge Mr Bill Carter, QC, did system. In 1992-93, a total of 1 607 staff were not take too kindly to that public ministerial employed by the commission. It is estimated reflection on the board’s integrity and capacity, that in 1993-94, there will be 1 521—a fall of especially given the fact that the Minister had 86. Alarmingly, the number of employees not even bothered to speak to him. Common actually dealing with prisoners will fall from courtesy, it seems, comes a poor second to 1 448 to an estimated 1 350—a fall of 98. I the Minister’s need to appear to be tough and noticed in the report tabled this morning that assertive. the actual fall is about 274, or 14.6 per cent. Once again, I have put pen to paper Not surprisingly, the so-called corporate regarding that particular issue and, again, I support area—the pen pushers—will increase have had the response of deafening silence. I from 142 to 154. In 1989-90, there were only asked the Minister whether, during his term as 118 administrators. In 1990-91, administration Police Minister, prior to becoming both Police funding comprised 18 per cent of the total and Corrective Services Minister, he had budget. In 1993-94, it will swallow a whopping conveyed to his colleague and predecessor in 38.2 per cent of the total budget. the Corrective Services portfolio Police Service This Government is building a concerns about these 32 robberies. I asked bureaucracy instead of managing and him, if he did not, to tell me why he did not. I properly staffing gaols and managing also invited him to express in writing his full prisoners. This is again shown by fact that the and unqualified confidence in a Community Offenders Program, which has the objective of Corrections Board, and I asked him whether providing a suitable correctional environment he was considering amendments to the in which the assessed needs of offenders can board’s ministerial guidelines. That was some be met and in which offenders can correct three weeks ago. As yet, there is still no reply. Legislative Assembly 5409 9 November 1993

As community dismay and disgust grows everyone else, including the media. No-one with the well-founded belief that early release will buy it. They can see that the system has has made a mockery of the concept of having gone off the rails. It is time that we got it back the penalty fit the crime, the Government has on the rails. alternately tried to ignore the concerns or Time expired. blame somebody else. The Corrective Services Act 1988, which I introduced as Mr NUTTALL (Sandgate) (3.58 p.m.): I Minister, contains the very important section want to say a few words before I start on my 139. When this Government introduced prepared speech on the Estimates for the amending legislation in 1990, it very sensibly Corrective Services portfolio. The Minister left section 139 intact. That section allows for stated in his introduction that one of the the preparation of ministerial guidelines for the problems in this portfolio is that the media is operation of community corrections boards. very quick to grab the bad news stories. I want The current guidelines were prepared by to focus on a couple of good news stories. former Minister, Mr Milliner, after the 1990 The annual report for the Corrective Services amendments became law. They provide the Department that was tabled in this Chamber Community Corrections Board and the six this morning contains a section on the regional corrections boards with the Western Outreach Camps Scheme that has Government’s views on how applications by been established throughout the State. I want prisoners for early release should be treated. to focus on that scheme. The innovative Western Outreach Camps Scheme has been While the recommendations of a given an additional $1m boost in this year’s prisoner’s trial judge on the subject of early budget. It is an initiative that has been widely release are important considerations for the and warmly embraced in several parts of boards, they are also bound by the ministerial western Queensland. Earlier this year, guidelines when considering early release together with some of my colleagues on this applications. The options are refusal, side of the Chamber, I visited some of those extended leave of absence, home detention camps. I will comment further on that visit later or parole, and the last three options provide in my contribution. for varying degrees of regulation and supervision. Therefore, if the Government There is always a lot of debate about does not want prisoners convicted of serious whether prisoners get it too easy or whether crimes to be released early, all it takes is the the prison system is too harsh. The Western will to amend these guidelines. If, in the Outreach Camps Scheme will cost about future, some thug on early release holds up a $4.2m this financial year. I believe that it bank, or some sex maniac on early release provides benefits for everyone involved. The rapes and murders, I would hope that the WORC Scheme—which is an acronym for the Minister does not resort to the shabby tactic of Western Outreach Camps Scheme—is a saying that person was released because his mobile prison concept involving inmates who trial judge recommended it, after serving a would normally be held in secure custody fraction of the nominal sentence. being involved in rewarding community projects and being accommodated in the There are many more things that I would communities in which they work. Charleville is like to say. I enjoy very much being the a well-known example of such a community. It Opposition spokesman for this portfolio. I have is the western headquarters of the scheme. had a lot to do with it, and I will be taking a As members would be aware, in April 1990 keen interest in it. A question was asked in the the Charleville region was devastated by House this morning regarding the reopening floods following years of drought, uncertainty of Boggo Road and also Woodford gaol. I and heartbreak for rural dwellers and would like the Minister to comment on that townspeople. The WORC Scheme was again, because that rumour is rife. I would not developed as a result of the Charleville flood like to see Boggo Road reopened. It was a relief project, in which over 130 prisoners were specific recommendation of Kennedy that the employed in emergency relief work followed by Minister should not even contemplate restoration work over eight months throughout reopening that Black Hole. All of those things 1990. The exceptional support of the local are in the past. The Minister should not revert community proved that placing offenders in to the former system—to the dim, Dark Ages. the community can be successful and should We have come a long way. Unfortunately, the become a permanent part of corrective Government has lost its way in these last few services in this State. years. It is a question of getting this ship back on course. The Government should stop trying The success of the Charleville experience to fool people, itself, the commission and spawned the concept of mobile work camps in 9 November 1993 5410 Legislative Assembly other remote rural areas. Inmates eligible for sites closer to Brisbane. A staging and participation are selected on their security administrative area for the program is classification and their willingness to address presently located at Wacol in Brisbane. their offending behaviour. They work on Each month, the WORC Scheme is community projects, usually under the carrying out community work worth more than direction of local authorities or Government $140,000. There are now about 200 inmates agencies such as the National Parks and on the program. This mobile prison concept is Wildlife Service or the State Forestry Service, a leader in the corrections field, both in and are on stand-by to respond at short notice Australia and overseas, with corrections to natural disasters. Discussions with Forestry representatives from other States and and National Parks have indicated that there countries regularly examining the concept and is a willingness to involve inmates in remote visiting the camps. Before an inmate camp is area development programs. Some established in any shire, the communities are abandoned forestry camps have been consulted and shire council approval is identified and are currently being used as received. The camps are usually accepted Western Outreach Camps. It is intended to once local residents understand the concept develop those two directions under the WORC and the operations. The camps are carrying Scheme and, in addition, to pursue other out more than 13 000 hours’ work each ideas such as beach cleaning as an optional month, which represents a large amount of involvement for the scheme along the coastal restitution to the community by these strip. offenders. The main objectives of the scheme are: The commission, of course, is very careful to provide supervised and meaningful work about the selection process for the WORC programs and recreational opportunities for Scheme. The selection process has been selected low and open-security offenders as refined and tightened, and is constantly under an alternative to imprisonment; to establish review. For example, in a recent month, some mobile work teams to assist rural areas and 43 prisoners who were interviewed for the remote townships of rural Queensland with scheme were rejected as being unsuitable to community work; to enable suitable offenders participate. More than 50 people are from more remote localities to participate in a employed to operate the WORC Scheme, scheme that locates them closer to their including 34 supervisory staff. Almost 100 homes; to encourage and enable community groups regularly benefit from the scheme, involvement in the supervision of offenders, including schools, churches, sporting groups and to promote reintegration of offenders into and other community organisations. The the community; to provide supplementary program operates on a decentralised basis. emergency response teams to assist Camps vary in size from 10 residents to 35 organisations such as Forestry and State residents and are semi-autonomous centres Emergency Services in cases of emergency for reception and induction as well as local resulting from fire and other natural disasters; work. A camp of even a dozen inmates is a and to provide the means and the opportunity considerable boost to smaller towns, not only for offenders to maintain links with their in terms of the greater economic activity but families and other support structures while on also in terms of access to some services and the scheme. skills that may be in short supply in some rural The commission is highly regarded in the areas. Charleville area as a result of its flood The camps are generally supported by restoration efforts. Commission staff are the public because they give offenders an located in the west and service an area opportunity to pay a form of restitution to the extending west and south from Toowoomba community. More and more members of the to the borders and north as far as Clermont. public understand that it is a waste of their The establishment of a permanent presence taxes to keep low-risk offenders in gaols. The at Charleville and elsewhere is in line with this scheme has benefits not only to the Government’s commitment to decentralisation communities involved but also to the taxpayer. and regionalisation. The economy of It costs the Queensland Corrective Services Charleville and other small townships benefits Commission about $51 per day or $18,600 through the presence of these teams, with per year to keep one inmate on the scheme. spending on food, equipment and other That compares very favourably with $100 per essential provisions. Apart from Charleville, day or $36,500 per year to keep an inmate in there are camps at Injune, St George, a medium-security facility. In addition to those Mitchell, Clermont, Blackall, Yuleba and figures, it is equally important to assess the Winton. Camps are also proposed for other direct economic impact that the camps have Legislative Assembly 5411 9 November 1993 on local business. In the last financial year, I want to talk about watch-houses. The $950,000 was paid out in local purchases of crime rate is soaring. Criminals are arrested food, fuel and other products. and held in watch-houses awaiting a court As I said at the beginning of my speech, hearing, on remand for a further hearing or earlier this year I had the opportunity with the after sentence. They can be held in watch- then Corrective Services Minister, Glen houses until Corrective Services provides gaol Milliner, and some of my parliamentary accommodation. There have been some colleagues to visit the work camps and witness appalling examples of prisoners held far too the good work being carried out. In particular, long in watch-houses. Watch-house conditions the work that impressed me was that being and the length of time that prisoners are kept carried out at Mitchell, where a new hospital in watch-houses cause concern. The police has been built and the old hospital has been are the ones who cop the flak, but the converted into a home for the aged. The old responsibility rests with Corrective Services hospital was a wooden building. The prisoners and not with the police. have been established in that home and they The Southport Watch-house is frequently have carried out a lot of maintenance, overcrowded. When this occurs, conditions landscaping and gardening work in the area. can be pretty frightful. A Gold Coast volunteer The elderly residents of the home told us that group has been formed, manned by various they are appreciative of the company provided people who work in the welfare field. They by the prisoners. The elderly residents also have been given some training, and they feel safer in that, if there are any disasters, roster themselves for an afternoon or early people are on hand to assist. evening visit to the watch-house each day in I thank the former Minister for Corrective order to be of assistance to prisoners. Services for the opportunity to visit those work Weekends, of course, present the most camps. The Western Outreach Camps problems. One Sunday night a few weeks Scheme has proven itself to have lasting ago, I met up with the leader of these positive benefits to the community and the volunteers. She was chasing around to get offender, and I am sure that most members some extra mattresses for the Southport look forward to its future expansion. Watch-house. There were so many people being held there that they were three or four Time expired. mattresses short. Some prisoners were going Mrs GAMIN (Burleigh) (4.38 p.m.): to be forced to spend a cold night on a bare Although I am pleased to join the debate on cement floor. The Salvation Army unlocked its the Estimates for Corrective Services, now that furniture store and mattresses were supplied. we have a different Minister, I have found Here we are, almost into the twenty-first reports over the past three weeks to be quite century, yet we are talking about the sort of extraordinary. Up until three weeks ago, we nineteenth century prison conditions had one Minister saying that there is nothing described by Dickens. wrong with our prison system: inside our gaols, Just a month ago, four New South Wales we do not have riots, we have only “incidents”; tourists were arrested in Surfers Paradise and and, outside our gaols, there is nothing wrong, were detained in a paddy-wagon for hours either, because parole and early-release until there was room for them in a cell, which schemes are just great. Then almost was fouled with vomit and urine. About 20 overnight, we have another Minister saying men were held in this paddy-wagon for five or how happy he is to accept the challenge of six hours. Whether or not any of them sorting out Queensland’s gaols, and how he is deserved to be arrested is beside the point. going to make them better places and The conditions in which they were held is generally improve the systems that the first certainly open to question. During a week in Minister said did not need improving. Then we September, when the Southport Watch-house have the Premier saying that we must take a was closed for much needed renovations, tougher line on prisoners. He is quoted as remand prisoners were held in the cells at saying— Coolangatta. It is the responsibility of the “Some prisoners have been allowed Corrective Services Commission to house out on too long a leash, and we are prisoners in adequate conditions. It is quite going to reel that in.” wrong to hold prisoners in watch-houses for The question that must be asked, of course, long periods when they should be transferred is: why did it take the Premier so long to find immediately to Wacol. If Wacol is inadequate, out that we have an inadequate prison system then Woodford should be reopened. that is inadequately administered? It did not Corrective Services has the attitude that all happen overnight. many prisoners should not be in gaol, anyway, 9 November 1993 5412 Legislative Assembly but should be rehabilitated outside the prison circumstances and options are put before the system. This is a laudable aim, but often sentencing judge in the hope of lessening the impractical. There are proposals to ban sentence. No-one speaks for the victim or remissions for good behaviour and, instead, to about the suffering undergone by the victim. release prisoners on parole only, which means That suffering often endures well after the they would remain under the supervision of offender is sentenced. Then the victim finds parole officers while adjusting to life outside that the prisoner has been released back into gaol. Again, this is a very laudable aim, but the community after serving only a fraction of cannot possibly work while there are the sentence that was imposed. All the rights insufficient parole officers. They cannot deal and privileges are for the criminals, very little with the workload they already have without are for the victims. that workload being increasing to an The major problem for society is that impossible level. although emphasis is now on rehabilitation There are many major problems in our and sentencing criminals to community service gaols, including violence, drug taking and instead of gaol, our prison population is still alleged gang control, sex attacks, bashings, high and rising, and many released prisoners murders and escapes. There are many crimes reoffend. The new Minister is on record as committed by escapees from Corrective saying that some prisoners who are obviously Services centres. In a report from Link-up, a dangerous have been given unsupervised group associated with Boystown, there is a leave of absence on parole, work release, claim that up to 80 per cent of young male home detention or rehabilitation schemes. He prisoners were raped in the State’s gaols. This says that sloppy work and lack of security claim is supported by some psychologists have entered the prison administration. These within the Corrective Services Commission. problems are not new. They did not happen Prisons are unpleasant places occupied overnight. These complaints have been made by unpleasant people. They are not supposed over a long period. How could they only have to be come-and-go, home-away-from-home been picked up in the transition from one establishments. The community does expect Minister to the next? that those in charge of prisons will ensure the On a more positive note, there are inmates remain and keep those places in offences in our community that require reasonable order and condition. Despite cries punishment but do not require a gaol term. I from the civil libertarians, prison authorities believe that community service programs or a must be given greater powers to prevent drug fine option instead of imprisonment can be smuggling into gaols. Drug addicts commit beneficial to minor offenders. The Burleigh crimes, they are arrested and imprisoned, and Heads Office of Community Corrections yet they have just as free access to drugs in administers the Community Services program prison as they had outside. from Hooker Boulevard at Broadbeach to the After the recent Wacol riots a cell-by-cell New South Wales border. Although this office search was finally carried out, despite a great is terribly understaffed—and I point this out to deal of reluctance on the part of the Minister the Minister—John Griffiths, the area as advised by his department. Not just manager, and his hard-working assistants are syringes, drugs and money were found, but doing as well as can be expected when one prisoners had also been enjoying the use of a considers their workload and the material they mobile phone. The Minister should have to work with. Community service understand that the Queensland prison programs are set up for those offenders who system should not have the freedom of a have been ordered by the courts to perform household or a motel—come and go as you such service or as an option instead of paying will and also enjoy the amenities of easier a fine. communication. In August, the Burleigh Heads Queensland’s prison population is Community Corrections Office ran an excellent increasing, despite the concerted effort by workshop for training on-site supervisors. authorities to put criminals back into the These people came from a wide range of community to rehabilitate them. Victims of charities and other organisations, schools, crime are outraged at some of the early sporting clubs, retirement villages and the like release schemes. Victims are frequently that participate in the program which is aimed treated as if they were seeking revenge, when at giving law breakers useful community all they are seeking is justice. They are virtually service to perform instead of wasting time in excluded from court proceedings. When an prison for offences for which a gaol term is not offender pleads guilty or is convicted, many appropriate. No fees are involved in hiring the community service workers, but all tools and Legislative Assembly 5413 9 November 1993 equipment must be supplied. The workers Mitchell, admitted to us that what had put discharge their fines at the rate of about $6 an them in a correctional institution in the first hour. Community service is normally place was the fact that in their formative years performed on weekends so as not to interfere they had never known a family. They said that with regular employment. Community the reason that they were rehabilitating so well Corrections officers visit each project regularly was that they now had a family—they had to check on records and attendance cards some people to whom they could relate and and deal with any problems. There is provision they were extremely happy that it was working for offenders who breach their community out well.The elderly people confirmed this by service orders to be further dealt with by the saying that they treated each other as a courts. Work performed can range from family. In the past, all too often they found gardening and clearing to indoor themselves mixing with the wrong company. administrative tasks. As well as keeping minor From there they gravitated to vandalism, petty offenders out of prison, voluntary crime and then more serious offences. It is a organisations are assisted in performing their familiar story—the denial of positive influences vital community work. I was able to join in for and guidance and the inevitable cycle of some of this workshop. It was a pleasure to offending and reoffending. hand out certificates to those who attended. Lack of basic hygiene and adequate However, I again point out to the Minister that health care are among the symptoms of the staffing level is totally inadequate. Much neglected youth. Tragically for many, prison more could be achieved if the staffing is life offers the first opportunity to learn about brought up to a level that could meet both the personal hygiene and to receive proper health existing and potential workload. care. Corrective Services Commission officers Finally, although it does not come within have first-hand knowledge of the lack of good the Minister’s responsibility, I also welcome the health practices among prisoners. Many new Juvenile Community Service program for prisoners go into the system unskilled in the young offenders aged 13 to 16 years. I hope basic requirements of day-to-day living. Some that this will become an effective way of of them do not even know about cleaning dealing with juveniles when prison is not their teeth. Of course, some of this neglect is appropriate but some penalty must be paid for closely related to alcohol and drug abuse, offences. Law breakers can be handled in a petrol and glue sniffing and street living. way that can be of mutual benefit to the These are maladies of our time. But, in community and to the young offenders. In Queensland today, prisoners have a real conclusion, perhaps the removal of graffiti, opportunity to become healthy members of which is a big problem on the Gold Coast, the community—if they so desire. In other would be an appropriate community service words, we give them every chance. If they do penalty for offenders, young or old, if they can not take it up, it is not our fault, but we do the be identified. best we can. In the Queensland system, all Mr NUNN (Hervey Bay) (4.18 p.m.): The inmates receive three plain but nutritious allocation in this year’s Corrective Services meals a day. No-one goes short of food, and budget for health and medical services of the diet is planned by professionals. Everyone $1.481 million must be welcomed by all. has access to sport and recreation activities, Prison health care has improved dramatically and everyone has an opportunity for a good in recent years, and while subjects such as night’s sleep. Smokers have to buy their AIDS attract a great deal of media attention— cigarettes from their own funds. The old and so they should—there are other tobacco rations are a thing of the past. developments in prison health care which are Queensland’s correctional system has not so high profile but just as important. The been undergoing unprecedented reform fact is that a large percentage of people being under the control of the Queensland received into custody in Queensland and in Corrective Services Commission. As recently other States and throughout the world come as five years ago, some practices in from disadvantaged backgrounds. In large Queensland prisons had changed little since part, these are young people who have been the nineteenth century. It was only during the denied a loving, secure and caring home 1980s that dietary punishments were environment and they are the targets. abolished and an underground block of cells Along with other members of the known as the Black Hole was taken out of use Minister’s committee, I was able to visit the at the now closed Brisbane Correctional Outreach work camp at Mitchell, which is Centre, known to most as Boggo Road. housed in an old hospital. Those people, who Opposition members interjected. lived alongside the elderly in that place at 9 November 1993 5414 Legislative Assembly

Mr NUNN: I point out to members from hospitals, schools or any of the other opposite that they made no attempt to close programs that are in place? Of course they do the Black Hole. I hesitate to say that this was not! They whinge for the sake of whingeing. demonstrative of a cruel streak in their nature. Since I travelled overseas recently, I have The best that I can say about them is that reached the conclusion that Australians are they simply did not care. They were kinder to the greatest whingers on earth. They live in animals than they were to humans. the best country on earth, but they whinge The Queensland Government and the more than anybody else on earth. commission see imprisonment as a Mr Pearce interjected. punishment in itself. Offenders are sent to Mr NUNN: The Liberal Party would not gaol as a punishment. They are not sent there have a policy. The Liberal Party, with the FFF for punishment. If they are to be punished credit rating, borrows everything that it can again whilst they are in prison, it is for some from the National Party. But I must say that, at offence that they commit inside prison. But one time, members of the Liberal Party were they are being sent there as a punishment, extremely generous. They did a trial and that should be the end of it—if they amalgamation by sending two of their people, behave. It is hard for members opposite to namely, Lane and Austin, over to grasp that philosophy. After all, they were the amalgamate with the Nationals, and they people who punished the wives of SEQEB could not get them back. They would not workers. They also punished the children of come back. SEQEB workers. Harsh punishment and penalties are part of their philosophy, and they Mr FitzGerald: What does this have to only apply it selectively to people who offend do with the Estimates? them. Whether or not those people offend the Mr NUNN: They became firmly rest of the community does not matter. entrenched in the Corrective Services On any one day there are about 2 000 Commission. During his inquiry, Mr Kennedy people in this State’s secure correctional called for public submissions. Health services institutions and farms, but as many as 16 000 within the prisons were one of the most are under some sort of community frequent areas of complaint. Informed supervision. This Government has a people—that is, those who know a little about commitment to greater use of community that of which they speak—argued that health service for offenders when it is appropriate. care was inadequate and of very poor quality. The savings free taxpayers’ dollars for greater At that time, each of the State’s correctional investment in hospitals, health care and other centres operated an infirmary. Some centres essentials in the wider community. had registered nursing sisters on staff, supported by correctional officer medical The Queensland Corrective Services orderlies, while others had only medical Commission came about after an exhaustive orderlies. There was no formal training or inquiry into prisons conducted in 1988 by accreditation process for those orderlies. prominent Brisbane businessman Jim General practitioner and specialist health Kennedy. Mr Kennedy found the former run- services were provided through the State down system had to be dragged into the late Department of Health. A 20-bed infirmary at twentieth century and that the need for reform the old Boggo Road gaol was poorly designed was urgent. It is probably not his fault that it and ill equipped to serve an institution that look so long for that to happen. It is a shame sometimes housed more than 650 inmates. that it did take that long. Now, belatedly, all Prisoners requiring specialist medical sections of the community and all sections of treatment were transferred under escort to this Parliament recognise that that need for regional hospitals. This was an expensive reform existed and was urgent. I believe that process. praise should be given to anybody who played a part in Kennedy’s reform processes. We Early in its life, the fledgling Corrective must remember that the current system Services Commission saw health care as such evolved from Kennedy’s process. Kennedy an important issue that it appointed a Director was asked to do a job, and he did a job. of Health and Medical Services, Dr Bryan Members may argue occasionally about the Todd. He came to the organisation with a long way the job was done, but one can only work and distinguished career in medicine to back within the available funds and the parameters him up. He knew what he was talking about that are allowed by society. Members opposite and has done a good job in this area. Steps talk about the service being underfunded. Let were taken early to protect staff and prisoners me ask them: from where do they want us to and to assist generally in the control of AIDS take the money? Do they want us to take it and Hepatitis B. Legislative Assembly 5415 9 November 1993

Time expired. Gold Coast, a prisoner involved in a breaking Mr CONNOR (Nerang) (4.28 p.m.): This and entering offence was caught by a resident morning, after the annual report of the and that resident was stabbed. All of these Corrective Services Commission was tabled in things are happening on the Gold Coast. We the House, I flicked through it. I was going to find in the annual report that almost half the speak initially on another subject. But I turned escapes for the State are occurring at the only to page 83 and noticed that there were 20 prison in the hinterland of the Gold escapes from Numinbah prison. There were Coast—Numinbah prison. I place on record 44 in the State altogether. So, effectively, my total dissatisfaction with the way that almost half of the escapes in Queensland prison is being run. It is in my electorate. I am occurred in my electorate. Over the past 12 very surprised that I, the local community and months or so, people on the Gold Coast have the media were unaware of just how many been wondering what was going on and why escapes were occurring. The commission has there were so many armed robberies and done a very good job of hushing that up. other crimes on the Gold Coast. Now we learn I turn to the issue of the media over the that 20 escapes occurred at Numinbah at the last couple of weeks in relation to corrective back of the Gold Coast. I have been able to services. The senior management of the track down about nine of those escapes. Corrective Services Commission might be Three of the escapees were involved in armed interested to know that neither the Opposition robberies while they were out. Then they nor any of the people that I am aware of are decided to go back to the prison. leaking this stuff to the press. It is not coming I refer to an article in the Hinterland Sun from our side. All of this, as far as I can see, is on 22 April 1993. This was a story about a coming from the Government side. One has couple of prison officers from the Numinbah to ask what the agenda is—for instance, all of prison who wanted to relate what the the information about the great escape is Numinbah prison was like. The article headed almost two years out of date. The Opposition “Prison of fear Numinbah claimed ‘out of is not doing anything along that line. The control’ ” states— Opposition is not running the agenda on this. All this stuff is being dumped on the media. “Prison officers at Numinbah Correctional Centre say they fear for their The Opposition also finds that, within lives as conditions in the prison have days of people going to the PSMC inquiry, become ‘out of control’. their information ended up in the media. Those people going there are not leaking it, And they say they fear for the safety so we have to ask whether the PSMC is of local residents as prisoners are leaving leaking it. Is someone whom the PSMC is the compound undetected at night and informing leaking it? I can assure honourable committing robberies.” members that it is not coming from the The article further states— Opposition side. The senior management of “The officers say discipline is non Corrective Services might be interested to existent. Prisoners are doing as they know that. We must then ask what is the please, coming and going as they Government’s agenda in this regard. please.” It is most timely that we should be And further— discussing the prison Estimates today following the full-scale riot by the Aboriginal “Our hands are tied. We have no community in Brisbane yesterday. It is also control because there is no discipline.” appropriate that, in question time today, the I remind the Minister that 18 months ago Minister for Corrective Services, Mr Braddy, the management of Numinbah prison refused to rule out the reopening of Boggo changed. Mr Brad Lingard is presently running Road prison. I hope to hear more from the the prison. I had words with Mr Lingard in Minister on that in his reply. It is also relation to his policy of allowing prisoners to appropriate when one considers that the roam freely around the coast, in plain clothes, PSMC is currently doing a five-year review of driving a prison bus. I happened to have seen the Corrective Services Commission to that bus outside a financial institution in determine its future. It is also appropriate on Nerang just prior to that institution being the basis that, in the last week or two, in the robbed. That was all pooh-poohed and it was media, a great deal of controversy has said that those sorts of things do not happen. occurred in relation to the alleged cover-up of The only problem was that, shortly afterwards, the report of the so-called great escape from three prisoners were charged with armed Moreton prison in July 1991. robbery of the TAB. Shortly before that, on the 9 November 1993 5416 Legislative Assembly

According to the report that escape was a capacity of the prison system to be able to result of the management decision to close clear the police watch-houses to a reasonable Woodford prison. How do all of these issues level and forced many prisoners, who were come together? What do they all have in totally unsuitable, to mix with hardened common? It is really quite simple. Woodford criminals. It forced many young offenders to prison should never have been closed. The be housed at the Sir David Longland Opposition argued at the time that the system maximum security prison and, as we saw a could not withstand the closure of Woodford few months ago, a young prisoner, when prison. That prison provided flexibility and informed of his transfer, was so terrified at the additional cell spaces to keep the system on thought of being raped and assaulted at the an even keel. We now find that consideration Sir David Longland Correctional Centre that he is being given to reopening the Woodford committed suicide at the Arthur Gorrie prison. At least one of the other private Remand and Reception Centre. At least five prisons in Queensland has been approached deaths have occurred in the last 12 months at in relation to the running of Woodford prison. the Arthur Gorrie Remand and Reception So we have the closure of Woodford Centre. I remind the Government prison. We have the deaths in custody that backbenchers that the Liberal Party was not in have reached epidemic proportions. We have favour of the privatising of the remand and the Arthur Gorrie Remand and Reception reception centre. It did not believe that a Centre full. We have the watch-houses maximum security institution dealing with overflowing—allegedly 135 prisoners are remand and reception prisoners should be currently held in police lock-ups—and we have privatised. That is something the Labor the Minister refusing to rule out the reopening Government did on its own. of Boggo Road prison. Mr PURCELL (Bulimba) (4.39 p.m.): It This is the quandary in which Mr Braddy gives me great pleasure to rise to speak in this finds himself. He has the courts effectively debate today. Before I start on my formal closing down at the end of this month for speech, I would like to congratulate the about two months. As a result, very few previous Minister, Mr Glen Milliner, on the way remand prisoners will be able to be sentenced he ran Corrective Services while he was there and therefore putting even more pressure on and the way in which I, and many other the prison system, especially the Arthur Gorrie Government backbenchers, were able to visit Remand and Reception Centre. There will be a number of correctional centres. I was a huge overflow of prisoners needing to be appreciative of being given that opportunity housed in the south-east corner. The because it allowed me to gain much Government will decide to reopen Woodford, knowledge of the prison system. I know that but it wants to reopen it as a privatised prison the new Minister, Mr Braddy, will bring to this which will mean that it will have to go through portfolio the enthusiasm and energy that he the tendering process and therefore it will be a brings to all his portfolios. I know that he will number of months before this can be attack it with zest. I congratulate the staff of achieved. How can the Government deal with the Corrective Services Commission. I think the watch-houses being full and the courts that they do an enormous job. They come effectively closing down at the same time? under a lot of pressure, not only because of Some alternative must be put in place. So we the type of work that they do, but also from hear these rumours of Boggo Road being the prisoners whom they look after and also considered to house these prisoners. from the community, the press and all sorts of other people. I think that they do a marvellous In relation to the Woodford reopening, I job. I think that the Director-General, Keith ask: has the public sector union boss, Laurie Hamburger, deserves to be congratulated, Gillespie, been told that Woodford is going to along with Mr Macionis and Ian Stewart, the be privatised? I remind honourable members Assistant Deputy Director-General, who has that, two years ago when Woodford was being been most helpful to me. closed, it was flatly denied by the then Minister that it was purely a ploy to privatise the prison. As most people in the community would Now honourable members will see, just as the realise, crime and punishment is a sensitive Opposition predicted, that the Government will issue. Two hundred years ago, this country privatise Woodford prison. was nothing more than a far-flung British penal settlement where hangings, floggings, To sum up—Woodford should never misery and degradation were the order of the have been closed in the first place. It led to day. We have come a long way since then, the great escape, as determined by the but the process of reform is still ongoing. No independent inspector’s report. It reduced the longer is a prison seen as a storehouse for Legislative Assembly 5417 9 November 1993 society’s misfits. It is now seen as one part of These figures that I have quoted represent a a corrective system committed to drain on the Corrective Services budget alone. rehabilitation, public safety and protection. On top of this, we must add the tremendous Enlightened administrations worldwide see cost of welfare payments to the families who prison as the sanction of last resort—a form of are left at home and the social impact brought discipline reserved for habitual and violent about by the breakdown of family life. offenders. The taking away of somebody’s When I was secretary of the Builders liberty alone is a penalty for crime. As Mr Nunn Labourers Federation, I became involved in said earlier, offenders are sent to gaol as a an organisation called KIDS—Kids In Dire punishment, not to be punished. Straits. It was an organisation that supported Corrections is more than administration of the family of the offender who was in gaol. It the prison system. There are only slightly more was established to keep the family unit than 2 000 people in prison throughout together and, particularly, to assist and bring Queensland on any one day, but in a year, home children who may leave home for all around 10 times that number are placed sorts of reasons. In most cases, the fathers in under supervision in the community. Where those families were not there to provide appropriate, this Government supports discipline. community corrections options for non-violent Since the Kennedy commission of review offenders, not only for economic reasons but in 1988 and the subsequent establishment of also because of social considerations. Crime the Queensland Corrective Services and social breakdown are closely linked. If we Commission to oversee unprecedented put more community resources into reform, this State has lowered its addressing social breakdown, we can expect a imprisonment rate significantly. Prisons can no decrease in crime. Imprisonment is longer be regarded as places of human inappropriate in many cases. Addressing a storage. They must offer the opportunity to person’s offending behaviour in the correct offending behaviour by providing community is often more effective than doing appropriate offender programs. They also so in a hostile, unnatural prison environment. must provide meaningful employment for Community corrections encompasses a inmates, teach work skills and engender a number of approaches to justice work ethic. Establishing industries can help administration. Offenders may have the achieve these goals, while at the same time opportunity to perform unpaid community help to reduce the high cost of running the service for disadvantaged individuals or non- corrective services system. When we compare profit organisations as an alternative to paying the cost of incarceration with that of a fine. Also, they get the opportunity to community corrections, we find that the support their families, both financially and economic benefits are significant. At present, emotionally. I think that most thinking people it costs on average around $1,000 per realise that the family unit is the cornerstone offender a year for supervision in the of our society, and should be protected at all community. These figures include not only the times. Offenders may also be sentenced cost of managing offenders on community directly by a court to undertake community service and fine option orders but also those service when the offence is too serious for a on parole, release to work, home detention fine and not serious enough for imprisonment. and leave of absence from prison on special A common belief in the community is that programs. correctional institutions are full of murderers, The benefits of community supervision rapists and other violent offenders who should are numerous and include the development of be locked away for a long time. In reality, this positive attitudes through offenders working is not the case. More than half of the people with the needy in the community. They also in Queensland’s gaols are there for non- develop self-esteem through their direct violent offences. It can cost the taxpayer as repayment to society, while at the same time much as $60,000 a year to keep a prisoner in gaining new work skills. This, in turn, enhances gaol under maximum security conditions, and their job opportunities and helps them the average figure for a high-security maintain the family unit. institution is $43,000. That is a huge drain on A major objective of the Queensland the public purse that could instead be directed Corrective Services Commission is to get to, for example, education and health care, if community involvement in corrections. Gone we lived in a crime-free society. Even prison are the days when Governments alone could farm and low-security accommodation for be effective in managing offenders. In pre- offenders costs the Government around commission days, the public had little $12,000 to $14,000 a year per offender. 9 November 1993 5418 Legislative Assembly information about or involvement in the correctional institution. I would say to Mr operation of community correction programs. Hamburger that we should be very careful The traditional role of the corrections officer as about instituting industries in those a caseworker providing individual service to his correctional institutions which are unfairly or her client has gone. Community correctional competitive with local industry. However, I officers are professional case managers would like to say something about Brian whose role includes liaison with the local Borserio and the work that he has done under community and its formal organisations and a contract with Corrective Services in voluntary groups to initiate and develop Queensland—and with the Lotus Glen prison community-based resources and programs. in particular—in developing a slate tile There is renewed community interest in operation at that prison. It is non-competitive helping to deal with problems at a local level. with local industry. In fact, it is local industry. It Evidence from overseas shows that provides worthwhile work for the people within involvement with local people in the the prison. It provides a cash flow to the management of offenders has a positive prison, and it has developed a quarry in my benefit for the offenders and the community. electorate and turned it into a worthwhile Direct involvement of community members will industrial resource. help to increase public understanding of The debate on these Estimates is taking corrections, it will bring corrections closer to the place during a period of escapes, riots, mainstream of community activity and it will overcrowding, deaths in custody, violence and strengthen support for correctional effort. so on in Queensland’s correctional institutions. Some officers attached to the community I ask the members of this Parliament: what is corrections side of the Corrective Services new? Why suddenly is there this great focus? Commission are members of organisations I can recall the time when my parliamentary such as Victims of Crime, the Prisoner colleague the honourable member for Crows Advocacy and Support Group, the Prison Nest, Mr Cooper, was the Minister for Transport Group and the Association for Care corrections in this State and we had the odd and Resettlement of Offenders. The riot. When Labor members were in commission supports some of these Opposition, they had a totally different view of organisations by way of grants and physical difficulties in corrections. I recall it well. I saw contributions. For example, it provided a grant the drama that came from this side of the for the Prison Transport Group to buy a Parliament every time somebody looked like minibus to assist families of prisoners to make getting out. For goodness sake, let us take visits to correctional centres. the somewhat more pragmatic view that, yes, Time expired. we will have some difficulties in prisons from time to time. Mr GILMORE (Tablelands) (4.48 p.m.): In speaking to the Estimates for the Corrective If we have a close and pragmatic look at Services Commission, at the outset I would the client group, most reasonably minded like to pay tribute to the management and people would discover that they are probably staff of the Lotus Glen Correctional Centre, an accumulation of the most unlovely people which is located in my electorate. It was in our community. That is why they are there. established when the National Party was in Not that I would ever suggest that any of them Government. I was part of its establishment, are guilty of anything; they just happen to be and I am proud of it. I am proud of the there. Nonetheless, they are an accumulation institution, the way it is managed and the of unlovely people. From time to time, there benefits that it has brought to my community. are people in those correctional institutions I would like to place that on record. I am also who have nothing to lose and have a vested pleased that, in the recent Budget, provision interest in creating violence and disruption. was made for extra accommodation on the We have to keep these things in balance. prison farm. That accommodation is long Let us not get too excited when there is a overdue, and I am pleased to see that that problem in a prison; let us just fix it. That is all has finally been recognised. we need to do. We need to take a more I would also like to speak for a few disciplined approach when there is a problem moments about the industries that have been in a prison and, I believe, a slightly more established at that correctional centre. They disciplined approach within the prison system are generally non-competitive with local itself so that we resolve some of these issues industry. I say “generally” because there are, before they happen. from time to time, some conflicts between I have chosen this afternoon, as the local industry and those industries of the Minister said in his opening remarks, to revisit Legislative Assembly 5419 9 November 1993 the Kennedy report five years down the track. Mr GILMORE: I am pleased that the I note that the date on my executive summary honourable member has been there. I think is September 1988, which makes it just over she will endorse my comments that that prison five years of age. All of the things that I have is not an appropriate place for the heard said in this debate so far have been a incarceration of anybody, particularly women. resounding and fairly unqualified endorsement It should not be there. It was poorly designed of the Kennedy report and, I might say, of my and poorly placed. Kennedy quite rightly said parliamentary colleague who, firstly, instituted that it should be shifted. This Government has the report and, secondly, put the report into done nothing in that area to carry out the action. Kennedy said in his report—and I have recommendations of the Kennedy review. just re-read it; it is interesting reading—that the I would like to speak about three new prisons which were being recommendation 21. He has said that constructed at that time were both well remission is a flawed concept that should be designed and, of course, long overdue. reviewed. Nothing has been done. Four years We recognised that. That is why it was down the track we still have one-third done. But no Labor member recognises that remission on sentence. this happened some 12 or 18 months prior to Mr Connor: At the 1989 election, it was a their coming to Government and prior to their Labor Party promise. sudden conversion to the views of Kennedy and the updating of our correctional Mr GILMORE: The Labor Party policy at institutions. However, I must say that four the 1989 election has not been fulfilled. We years down the track—and those opposite still have one-third remission on sentence. I have been in Government now for four will tell honourable members why it was put years—there are some unfulfilled there in the first place. The principle was recommendations from the Kennedy report. wrong. Back in 1986, 1984, or whenever it We should revisit some of those, just briefly, to was, it was implemented simply to keep remind the Minister that all things have not people out of gaol. It was entirely wrong in been fulfilled. The expectations have been left concept. The Minister’s Government has hanging. recognised that; Kennedy recognised that; we recognised that; and yet absolutely nothing Recommendation 11 was for the has been done. We have to get down to the construction of a secure, purpose-built hospital business of the management of people who at Wacol for use by Correctional Services. I offend against the community without understand that a wing in the PA Hospital is throwing out a third of their sentences before being used. It is supposed to be secure. I they even put on the handcuffs. It is a lunacy. understand that it was sitting idle for six Until the Minister’s Government comes to grips months because the Government could not with that, he will have failed one of the major organise its manning. It was a dreadful waste recommendations of the Kennedy report. of time and money. It would not be an unreasonable expectation for this Government Recommendation 40 was for a special to move ahead with some of the other care unit. That is a euphemistic way of saying recommendations, including the hospital at “somewhere to stick the dirty 30” or however Wacol, to ensure security not only for the many there are. Kennedy recognised that people in the community at large but also for within any prison system there will be a group those people who have to work in these of intractable people, even in the normal, run- institutions. They should be professional of-the-mill prison, who will be disruptive and people who are trained to deal with the client violent. Most of them show no remorse group, so that they understand what they are whatsoever. They are not disciplined. They are dealing with and do not walk into an uppercut in no way inclined towards rehabilitation. with their eyes closed. Mr Cooper: They are often given the key. Recommendation 12 was for a new Mr GILMORE: As the honourable women’s prison at Wacol. I am glad to see member said, they are often given the key. that there are some ladies in the Chamber this There was an attempt—and, I might say, an afternoon. It is important that we understand abortive attempt—at Moreton to put together that Kennedy did not make that an section for intractables. Of course, the next recommendation lightly. For those of us who night they all got out—much to everybody’s have not visited the women’s prison at Boggo surprise. I visited it about four days before Road—— they all escaped. The last thing I said to the Mrs Bird: We have all been there. long forgotten manager of that poor place was, “For God’s sake wind this place up as tight as a rubber band, because it will leak.” It 9 November 1993 5420 Legislative Assembly was obvious. It leaked and half of them “On Sunday, inmates smashed their escaped. But we still do not have a centre for cells and screamed obscenities—the day intractables. We simply must develop one. after convicted robbers Peter John The Minister cannot start blaming his staff Matthews, 29, and Colin Glenn Stark, 20, if he does not give them the tools of the trade. walked out of their cells, possibly with the If he does not give them the opportunity to use of a key.” pull out of the system those disruptive people In those days, prisoners were not given the who cannot be controlled, if he does not give tools to escape and they were not allowed to them that tool of trade to calm down the climb over the walls. Instead, they were system, he should not blame them when actually given the keys! The article things go wrong. It is entirely unfair and quite continues— improper to do so. Kennedy recognised that. I “Their escape prompted a call by the believe the Minister recognised that, but the State Labor Opposition for a full public money has simply not been set aside to fulfil inquiry. that expectation and obligation. . . . Time expired. The Acting Comptroller-General of Mrs BIRD (Whitsunday) (4.58 p.m.): Prisons, Alex Lobban . . . said . . . an Firstly, I would like to welcome the new investigation of the escape was Minister to the portfolio. I am certain that if he continuing and no conclusions had been performs as well in this portfolio as he has in reached as to how Matthews and Stark his previous portfolios, he will be source of had managed to break free.” pride to all of us. Further, I congratulate Glen Milliner on his time in this portfolio. I believe Things are no worse today than they were in that Glen Milliner was a good Minister. 1986, under the management of the former However, four years in this portfolio—and I am Government. sure the Opposition will agree—is far too long In light of the death in custody of an for any Minister. Aboriginal man on the weekend, it is very Perhaps those opposite will agree with important for us to consider the actions taken that assertion when they consider that, from by the Corrective Services Commission in February 1986 to December 1989, the relation to the imprisonment of Aboriginal and Opposition had seven Ministers in the Islander people. In 1988, about 20 per cent of portfolio. Geoffrey Muntz lasted nine months; all inmates were of Aboriginal and Islander Donald Neal lasted 12 months; Bill Gunn descent, whereas their representation in the lasted eight months; the long-termer Russell mainstream community was about 2 per cent. Cooper lasted 13 months; Paul Clauson Under the Corrective Services Commission, lasted seven months; Craig Sherrin lasted one some success has been achieved. The month; and, finally, Ian Henderson lasted imprisonment rate for Aboriginal and Islander three months. It is important that we realise people has fluctuated, but there is still a long that the portfolio is not a good one. It is a no- way to go. The over-representation is much win portfolio. Anyone who can spend any more apparent in north Queensland, which amount of time in that portfolio deserves to be has a considerably higher indigenous commended. population than do other parts of the State. During this debate, I have listened very In fewer than five years since the carefully to the contributions by Opposition commission’s inception, a great deal has been members. Much reference has been made to accomplished in Aboriginal and Islander how much better things were under the correctional initiatives. Among the management of the National and Liberal achievements to date are: Aboriginal and Parties when in they were in Government, and Islander representation on the commission how much better things would be under their board, even though a temporary vacancy future management. Members opposite also exists at present; Aboriginal and Islander referred to tools being given to prisoners to representation on community corrections facilitate escapes. In that regard, I am boards; Aboriginal and Islander people being reminded of an article that appeared in the appointed as official visitors to correctional Mackay Daily Mercury in 1986, when Geoff centres; a formal commitment to allow Muntz was the Minister for Corrective Services. Aboriginal and Islander inmates to maintain The article referred to a study that was about their cultural groups within correctional centres; to be undertaken by a committee because of and the establishment of an educational and a recent spate of escapes. The article states— cultural heritage program for inmates. The commission also created senior positions for Legislative Assembly 5421 9 November 1993 people with a responsibility for recruiting extension of this. It is in line with the Aboriginal and Islander staff and developing commission’s policy of ensuring that Aboriginal community involvement in offender programs. and Torres Strait Islander people have a Other initiatives include: the encouragement greater say in corrections, especially within of community groups interested in providing their own communities. Offenders who meet services to Aboriginal and Islander offenders; the selection criteria are supervised by their training for correctional staff in Aboriginal and peers in their own town or district, with a Islander issues; and the setting up of clinics minimum of social disruption and significant operated by the Aboriginal and Islander savings to the taxpayer. In addition, the Health Service. community works towards lowering the rate of During the time that the commission has offending in a culturally meaningful way. The operated, it has earned for itself an enviable Kowanyama project is being funded by the reputation for its commitment to reform in the commission and the Kowanyama council. The area of Aboriginal and Torres Strait Islander success of the project will ensure that other corrections. A good example of that reform such projects proceed in the future. process occurred at a remote far-north The fact is that the commission receives Queensland Aboriginal community, which is the final product of the functioning of an now in the crime prevention and offender imperfect world—the human failures of rehabilitation business. That commission society. It is a tragedy that the young and initiative saw the appointment in April this year disadvantaged groups such as Aboriginal and of Mr Gordon Gertz as community Torres Strait Islanders are so highly development officer at Kowanyama on the represented among those failures. The Gulf coast of Cape York. His presence as an Kowanyama project is part of the Aboriginal officer working among the commission’s philosophy not to see itself as community is in line with the an organisation that serves as a storehouse recommendations of the Royal Commission for criminals, but one that can initiate change into Aboriginal Deaths in Custody. Mr Gertz, and assist society to overcome some of its who has trained as a counsellor, is a former problems. That is exactly the approach that is member of the North Queensland Community required. Corrections Board. He has also managed I commend the Queensland Corrective Rose Colless Haven, an alcohol rehabilitation Services Commission for having the vision and centre on the Atherton Tableland. determination to tackle Aboriginal and Torres Last year, the Kowanyama Aboriginal Strait Islander issues head on. The spending Community Council, which administers the in this year’s budget aimed at reducing the locality of about 1 000 people, agreed to enter numbers of Aboriginal and Torres Strait into a contract with the commission to address Islander people in custody must be welcomed correctional issues. Offenders placed under by all fair-minded people. supervision include those sentenced by a Mr FITZGERALD (Lockyer) (5.07 p.m.): I court to a community-based order and former rise to participate in the debate on the prisoners released under supervision on Estimates for Corrective Services. I refer the parole, home detention or work release. The Minister to a question that was asked in this commission has a caseload of 75 offenders at Chamber this morning by the Deputy Leader Kowanyama, managed from Mareeba. As of the Coalition. That question related to the well, on any day, 15 community residents are rumours about the re-opening of part of the in gaol. Since April last year, there has also old Boggo Road gaol; in particular, Block H. been an average of three prisoners on That was the specific wording of the question. conditional release at the Wathanin Outstation The Minister responded by saying that a near Aurukun, about 180 kilometres north- review of the Corrective Services Commission west of Kowanyama. Kowanyama was one of is currently under way. He said that that review the communities approved by the commission was undertaken initially by the Public Sector board for inclusion in an initiative that would Management Commission. He said also that allow Aboriginal people to manage their one of the matters to be examined during the offenders and consider appropriate prevention review is the immediate, short-term, medium- programs for their people. term and long-term need for correctional The commission is a community-based centres in this State. From my recollection, he public sector organisation serving the ended his answer by stating— community in the essential area of justice “Several options are being administration, and it greatly values canvassed. These options will all be community input. A commission presence considered, after which a decision will be among Aboriginal communities is a logical 9 November 1993 5422 Legislative Assembly

made by the Government on my than Aborigines and Torres Strait Islanders. recommendation.” There are 18 Aborigines compared with 39 That is my recollection of the answer that the non-ATSIC people. When we come to the 19- Minister gave to the Deputy Leader of the year-olds, over half as many Aboriginal lads Coalition. If there is some conjecture on this are in gaol as non-ATSIC people. There are side of the Chamber as to the future of Block 34 compared with 67. In the 20 to 24 age H and Boggo Road, the Minister has done group, there is just a fraction over a third as nothing in his answer to that question to allay many Aboriginal young men in prison as non- any fears that some members of the ATSIC young men. When we move to the 25 Opposition may hold. The Minister had an to 29-year-old group, it is somewhere between opportunity to do so in his answer. Perhaps I a third and a quarter. When we move up to am trying to say that the Minister does not the 30 to 34-year-olds, it is one-fifth. Then, listen to the question. The question was very when we move up up to the 35 to 39 group, it clear. is still one-fifth. After that the ratio of Aboriginal men to non-ATSIC men in prison drops Mr Braddy: You don’t listen to the dramatically. They are very stark figures. answers. We know where they are imprisoned. It is Mr FITZGERALD: Would the Minister like quite natural that they are in Lotus Glen, to see a transcript of the answer? which is the prison in the far north, and also in Mr T. B. Sullivan: Table it. Townsville. At Lotus Glen, nearly half the Mr FITZGERALD: The honourable inmates are either Torres Strait Islanders or member should read Hansard tomorrow, and Aborigines. Because they come from that part he will be able to see it for himself. That is my of the country, it is only natural that they be clear recollection of the answer that the sent to those prisons. There is a high Minister gave. He did not answer the question. percentage of them in Townsville. The rest, of The Minister should read Hansard tomorrow course, are scattered throughout the rest of and have a look at his answer. Queensland. The question was specific and to the I think these figures should be highlighted point. It referred to Woodford prison and to because there is always a lot of discussion Block H at Boggo Road. The Minister said, “All about discrimination against black people. I do options are being canvassed.” He did not take not believe that those figures indicate the opportunity to squash the suggestion that discrimination against black people. Statistics Block H would be reopened. I believe that show that we have not very many women in Boggo Road should have been bulldozed to prison in Queensland. We have 79 women in the ground. When the National Party left prison in Queensland out of a total prison office, that action was on the agenda. population, as at 30 June 1993, of 2 068. However, this Government kept Boggo Road Mrs Edmond: That proves the point. open for as long as possible. This Mr FITZGERALD: It proves there is Government still has not dealt with the discrimination against men. If the honourable problem. member is going to use the same logic—— I turn now to a major correctional services Mrs Edmond: It proves women are better problem that is of concern to the whole behaved. They are much nicer people. community. I refer to the high number of Aboriginal people who are in prison. The Mr FITZGERALD: The honourable annual report shows what those figures are. member believes that that proves that women They are stark figures. They stand out. I do are better behaved, so therefore the not know what the solution is, but we have to Aboriginal people are not better behaved and be aware of the problem. I think that all fair- are not better than white people. About half minded people should try to address the our population is female, so a problem of why such a high proportion of disproportionately low percentage are in Aboriginal people compared with non- prison. I know that has something to do with Aboriginal people are in prison in Queensland. difference between males and females. Males tend to have some hormonal problems, or Very importantly, they stand out in a some other problems that make them commit particular age group. Page 79 of the annual crimes. I believe it must be in the genes or in report shows that of the 18-year-old the hormones. There must be something males—and it is males that are the major there, because women generally do not problem—nearly half as many 18-year-old commit those serious crimes—it is a fact of Aboriginal lads are in gaol as non-ATSIC life—or else they do not get convicted of people. In other words, that is people other them. Legislative Assembly 5423 9 November 1993

There is some factor at work; I number of people who are either on parole, acknowledge that. Males go to prison. Either on probation, serving fine option orders or they are discriminated against or else the doing community service who are not placed women are the very well-behaved half of our in prison. I think we have got to the stage community. I notice the member is nodding where I do not know how many more her head vigorously in agreement with that. offenders we could have out in the community That phenomenon of the ratio of male to compared with those who are in prison. All of female prisoners is probably worldwide. us want to see the numbers in prison cut Unfortunately, we do note that more and more down—— women are committing more serious crimes, Time expired. like assault and armed robbery. Women are moving into the male domain. Hon. P. J. BRADDY (Rockhampton— Minister for Police and Minister for Corrective I draw the attention of the Chamber to Services) (5.18 p.m.), in reply: I thank the fact that we are now seeing a very high honourable members for their participation in percentage of young Aboriginal people being the debate, which, as debates in this place imprisoned. On the other side of the coin, I go, I believe was reasonably good humoured. would like to pay tribute to Don Davidson, who really showed deep concern for Aboriginal I certainly thank Government members people in custody. He was, I think, a tribal not only for their support in the debate but leader of the Brisbane Aboriginal community. also for their support for the Corrective Don passed away during the last 12 months. I Services Commission and my predecessor. As would just like to place on record what a great the member for Whitsunday said, Glen Milliner fellow I thought Don was. I know that he would served four years in this portfolio. I think that is take support from wherever he could get it. He almost worth a medal in terms of time and was a likeable type of fellow. He had a major heroism. If at the end he smiled when he was health problem, and was required to use a relieved of the burden, I think all of us would dialysis machine regularly. He loved his people understand him, including members opposite very, very much. He worked very, very hard for as well as those members on this side who them. Anybody who went through the worked with him. He deserves thanks. He is a Gwandalan Correctional Centre at Trinity Lane humane man who did his best to make sure at South Brisbane would have seen the that the system that we were trying to put respect that the officers and the prisoners together would work as well as possible. showed to Don Davidson. It was certainly very It is an interesting time, of course. We pleasant to behold. It was a great display of came to Government not long after the respect for an old man who was not very well. Corrective Services Commission came into He took a lot of pride in running that being. The Opposition are to be place. He set it up as a hostel. I think he had congratulated—the member for Crows Nest is communicated with the commission to make to be congratulated—for having instigated the sure that he spent some time with some of Kennedy report and the setting up of the the offenders before they went out into the commission. Mind you, they are also to be real world again. They would serve part of their condemned because it was almost at the end custodial sentence at Trinity Lane. Yes, he did of 32 years in Government that they did it. It have some failures—but not very many. It was was one hell of a mess before they finally got a very testing time, particularly if one of the around to starting to do something about it. inmates had an alcohol problem. Without any The member for Crows Nest has received the escort, they would have to pass five hotels on accolades because he set up the Kennedy the way to a job and pass another five hotels review and report and then he was able to on the way home. On a hot day, that would walk away from it before all the actual be enough to tempt anyone who had an implementation took place. elbow that had been used to being well- Of course, in the early years of the greased in the past. Therefore, I pay tribute to implementation, numerous problems surfaced Don for what he did. with the setting up of the new correctional The other issue that I wanted to raise was centres, the money that had to be expended, the large number of people that are serving and the various changes that took place. It their correctional dues under the sphere of was, indeed, a very difficult period. I think the community corrections. We have 16 418 figures in relation to high security prisoner persons who have completed sentences or escapes demonstrate that. It was in the very are on parole out in the community and we early days of the new centres and the have just over 2 068 people in prison as at 30 changes that were occurring that the figures June. That gives members some idea of the that were cited in the Courier-Mail about 9 November 1993 5424 Legislative Assembly

Queensland’s poor record took place. In 1991- parole—not the inflated figure about which the 92, 15 high security prisoners escaped in member for Nerang and others speak. Queensland. That was the highest escape Mr Cooper: They’re your figures. figure in the country. However, in 1992- 93—the next year—there were only four. Mr BRADDY: These are the figures supplied to me by the Corrective Services When the Australian Institute of Commission. The figures that I read out in my Criminology next publishes its figures, it will be introductory remarks show that, in the past interesting to see how they compare with couple of years, Queensland’s rate of others throughout Australia. So far this recidivism has improved dramatically. That is financial year—with a third of the year very significant. I was asked about that list of gone—only one high-security prisoner has 32 people. I received that list a matter of days escaped. If things were running at the same prior to becoming Minister for Corrective pace as in 1991-92, one would expect that, by Services. Shortly after becoming Minister, I now, five prisoners would have escaped. It is handed that list to the Director-General of clear that things have improved remarkably in Corrective Services and requested a case relation to the security of high-security study of each of those 32 people who, the prisoners. It is also clear that the worst times police say, committed armed robberies over a were during those early years when this period of three or more years whilst they were Government and the commission, in its early still technically prisoners in the Queensland days, were putting right the dreadful mess that system. I have not yet received that case had accumulated during the previous 32 study. When I do, I will be discussing it with years. That dreadful mess cannot be forgiven the head of the Queensland Community by the fact that, in its last year in office, the Corrections Board and others. Many of those National Party Government finally and people will not pertain to him or his board. Mr reluctantly started to do something about it. Cooper should not believe everything that he That was because of the enormous number of reads in the newspaper. If he read in the escapes and problems that were surfacing. newspaper that I had not approached Bill Mr Cooper: Not reluctantly. Carter, that was wrong. I approached him Mr BRADDY: It was reluctantly in this personally, eyeball to eyeball, mouth to sense: the National Party had been in mouth, and said that when I had received Government for 32 years, and it did certain information that I wished to receive I something about this only in its final year. That would speak to him. He agreed that that is reluctance. After 32 years in Government, would be fine. I will take great delight in only in its dying days and months did the reminding him of the time and place we had former National Party Government do that conversation. something about the dreadful mess that it had Mr Cooper: I got a letter from him and he allowed to accumulate over the previous 31 wasn’t very happy. years. Mr BRADDY: It is his business as to Mr Cooper: I wasn’t there for that long. whether he is happy. He should be reminded Mr BRADDY: No, but the honourable about that conversation. I will so remind him, member’s Government was there. It was there and I will talk about it when I have received for 32 years, and only in the last 12 months the material that I wish to receive, and not did it do something about this. before. Members spoke about too many The issue of where we are going with the administrators. When this Government came abolition of remission was mentioned by the to office in 1990, there were 176 pen-pushers member for Tablelands who, I thought, made in Corrective Services—about which the by far the best speech of those Opposition member for Crows Nest spoke. There are now members who spoke during this debate. From 154. We have fewer people in that category time to time, the honourable member than we inherited from the Government of the attempts to make this less of a partisan member for Crows Nest. debate, as has happened in New South Wales, where the Labor Party Opposition has As to the early release of prisoners— said that this is too serious an issue for the clearly, some problems have been community to be scoring cheap political experienced with this. Those problems were points—as have the members for Crows Nest being considered at the time of this review, and Nerang, who do not have that attitude. I and they will certainly be considered at my congratulate the member for Tablelands, who, insistence. But, overall, less than 6 per cent of it appears, is better able to understand that offenders are convicted of offences whilst on there ought to be more of a bipartisan Legislative Assembly 5425 9 November 1993 approach to this very serious matter. I assure which I tabled for the convenience of him that this Government is considering members on 15 October 1993. In honouring whether the issue of remission should be my commitment to provide members with continued. This was addressed by people adequate time for familiarisation with the discussing the Kennedy report. It is certainly a report prior to the Estimates debate, I matter that bears consideration. requested the preparation of a special print Similarly, as to the issue of a specific run. That was done, and some minor prison or portion of a prison for intractables, as typographic errors occurred in that version. But recommended in the Kennedy report—I those minor errors have no impact on the believe that this is a very important issue that outcomes of the report. Copies of the must be revisited during this review. I will be amended report have been lodged in the making sure that that serious matter is Parliamentary Library and will be available considered very carefully. In relation to watch- from any Land Service centre. houses, which were also mentioned by The Consolidated Revenue Fund Opposition members, I remind them that, in allocation to the Department of Lands for 1989, over 130 prisoners were in watch- 1993-94 is $110,619,000. This consists of houses in south-east Queensland awaiting three allocations: land courts and tribunals, transfer to prison. The Corrective Services $4,467,000; land sustainability, $7,666,000; Commission has progressively reduced that and land management—the greater number. This year, the number varies proportion—$98,486,000. between 30 and 70—for which the The past year has followed a period of Government has received condemnation from substantial structural and business change. the Opposition and elsewhere. But this The focus of the department’s land number is much lower than it was in 1989 management is now on the delivery of results under the stewardship of the previous through powerful, modern, computer Government. Similarly, community corrections systems—in terms of both quality and timely growth has been criticised. The funding for this service to our clients. To achieve this has increased by 230 per cent, whereas the outcome, information technology-based number of offenders has increased by 160 per systems are proposed to be used for three cent. The staff has increased by 175 per cent major electronic data-processing systems. under our stewardship, whereas the number They are the automated titles system, the of offenders has increased by 160 per cent. integrated valuations and sales system and There has been quadruple growth in the the tenure administration system. Those funding of community corrections. systems are amongst some of the largest and Partisanship should not come into this. We most sophisticated systems in any department should be more particular in relation to this in this Government. debate. The automated titles system was As to Woodford and Boggo Road—the designed to combine all land title information prison at Woodford was put into mothballs, into a single title register for all tenures to indicating clearly that it has the potential to be replace a cumbersome paper-based register. reopened at the appropriate time. I do not The Treasury has provided $7m funding over know whether this will occur now, in the a period of five years for its development, coming decade or at all. But it is an option. implementation and data capture. The The existing buildings at Boggo Road, other automatic tenure system will provide a than the women’s prison, are not suited for a streamlined title service to the public through correctional centre and certainly will not be self-searching electronic access to records and used. I want to assure the member for will eliminate duplication of recording and Lockyer that the existing buildings at Boggo endorsement processes. It is intended that Road are not suited for a prison, and that is the system be operational across the State by not part of any option that we will be next year. considering. The Integrated Valuations and Sales Time expired. System—IVAS—will replace the existing 25- year-old valuation database. The sum of Minister for Lands $12m has been provided over four years for technical development. It will help to reduce Hon. G. N. SMITH (Townsville— Minister the current 15-month delay from the date of for Lands) (5.28 p.m.): Firstly, I would like to valuation is made to the date it becomes notify honourable members of some minor effective by nine months. That is, valuations amendments to the version of the 1992-93 will be only six months old when they are annual report of the Department of Lands, 9 November 1993 5426 Legislative Assembly applied. That will more accurately reflect The review is being undertaken to eliminate market prices in the valuation. It is expected to unnecessary or unproductive legislation; to be fully implemented throughout the State by integrate like provisions; and to clarify the late 1994 and will be used to produce the legislation through modern expression. 1995 annual valuation. Some of the existing legislation was Finally, the Tenure Administration inappropriate in the business environment of System—TAS—is a computerised database the 1990s and the review has led to the for recording leases, processing lease repeal of 77 unnecessary or outdated minor applications and changes, and producing acts. The review of the Land Act, one of the lease and deed of grant documents. About 90 major acts of the portfolio, is expected to be per cent of leases have been entered into the completed in 1994. Consultation with industry, system with completion expected by late this community and related Government year. Access to TAS by the regional staff has departments is playing a crucial role in the been progressively implemented since 18 development of new concepts to be October 1993. embodied in the new Act. Similarly, the Other computer-based projects have Valuation of Land Act 1944 is under review been developed to provide a comprehensive and is expected to be completed in 1994. State land information system. The I now turn to changes to land policy and Queensland Land Information System— administration. In December last year, I QLIS—has put in place the mechanism to introduced legislative amendments to replace provide cooperation between the various permits to destroy trees with the more agencies that contribute to land information. appropriate permits for tree clearing. In The major achievement of QLIS for 1992- September, this legislation was proclaimed, 1993 was the Queensland Land Information and this completes the change that was Directory—QLID—a directory on floppy disc begun in 1991. This new arrangement makes which replaced paper-based searches. allowance for routine maintenance without the Also, $1.7m has been allocated as a new need for a permit, yet it increases penalties initiative to fund new efficiency measures in substantially for unauthorised tree clearing. the Titles Office. The titles function is of There has been some publicity associated particular interest since its service has been with that initiative. I think that, by and large, it substantially affected with about a 12 per cent has been well received in the community. increase in demand over the previous year. This year also saw a new system for The increased demand calls for both efficiency Crown leasehold rents which began on 1 July. measures and quick response systems to The 1990 Wolfe report found that the Crown service the market. Not only has there been a was not receiving a fair return on its land growth in the number of normal transactions assets and recommended that the due to the recovery in business, but there is unimproved capital value be used for the also a considerable amount of activity brought calculation of all leasehold rents. about by people refinancing their properties. The previous system was inequitable, since it That, of course, adds to the load. set some rents for non-grazing businesses at An electronic communications network 3 per cent of UCV—unimproved capital has been installed to connect all regions, value—while those for grazing industries were districts and the Lands Department corporate based on a net rate system, which was a headquarters to ensure that business charge per head on the number of stock operations are responsive to client needs, carried. irrespective of the location of the client. The The net rate system had many network is designed to deliver regional access shortcomings, including inconsistent rentals to all those systems generally located at within and between districts with actual rentals Lands corporate headquarters in the Lands varying from 0.1 per cent to 8 per cent of the Centre in Woolloongabba. UCV. Its 10-year rental review period was I now refer to legislative review. In totally unable to respond to fluctuating market accordance with the recommendations of the conditions to the extent that escalating Wolfe report, EARC and the PSMC review, the inflation during the 1970s was not matched by department has developed a program for the increased rentals. An equitable rental system review of all legislation within the portfolio. This has now been struck with a balance between legislation proved to be effectively outdated— the lessee’s ability to pay and a fair return to particularly the Land Act 1962, because it did the Crown. The new system is also responsive not reflect the current needs in land practices to both upturns and downward trends in the by Government, industry and the community. market place which impact on property values. Legislative Assembly 5427 9 November 1993

Rather than unilaterally implementing the control lantana and parthenium has been recommendations of the Wolfe report, the approved and new chemicals have also been Government recognised the effects of the low registered for the control of mesquite, prickly commodity prices and drought, and acacia, honey locust tree and bedhara bush. introduced concessional rents for particular For the first time since the 1970s, categories. Rental percentage rates for migratory locust plagues occurred, causing grazing and agriculture were set at 2 per cent, considerable damage to crops and pastures in with a concessional rate of 1.1 per cent of central Queensland. The department, through UCV until the rural economy improves and the its Land Protection Branch, assists with locusts drought breaks. The Wolfe recommendation when the locust infestation presents a direct was 3 per cent, so the implementation of that and major threat by migration to other was only a little over 30 per cent of what was cropping areas. In fact, the department took proposed. immediate action to coordinate ground and To ease the burden further, I introduced aerial control of spraying to contain the a rent deferral scheme which linked leasehold damage. In the Bauhinia Downs area, 62 rents to eligibility for the Federal Rural swarms were sprayed in February 1993, while Adjustment Scheme. This assistance amounts another five swarms were sprayed in Arcadia to one-year deferral of rents or freeholding Valley. Land-holders also played a significant instalments for all lessees who qualify for the role in preventing further damage by spraying RAS and brings Queensland into alignment hopper bands after hatchings on their own with the national approach to assist those properties, while staff of the Duaringa Shire producers assessed as having long-term sprayed bands on roadsides and reserves. It viability. This system provides additional had been my first association with locust assistance while the existing hardship plagues. I think, for anyone who has the provisions under the auspices of the opportunity of seeing them, it is fairly Department of Lands still remain in place. enlightening. They are so thick that they rise Other lease categories included 6 per up almost as a solid wall in front of people as cent for commercial-industrial, 5 per cent for they walk along the ground. For those people tourism with a concession of 4 per cent for who had not previously been exposed to it, it mainland resorts and 3 per cent for island is quite a memorable experience. resort. Sporting and recreation clubs with In the case of pest animals, the State gaming and liquor licences were set at 5 per has set its priorities to complement national cent with a concession to 3 per cent, strategies which have been widened to increasing annually to 5 per cent. Clubs with a include those which impact on land liquor licence and no gaming licence will pay 3 degradation rather than only those which per cent, and those without a licence, 1 per affect agricultural industries. To expand the cent. There will be further concessions to department’s pest animal control capability, an recognise the community services component additional two zoologists have been appointed obligation of some organisations. I will deal to the Robert Wicks research station at with that at a later date. Inglewood. External funds of approximately With regard to last year’s initiative for $400,000 have been obtained for research, control of noxious weeds—the program often in the form of collaborative projects. received about $300,000 in 1992-93 with Research was also undertaken to breed a additional funding of $600,000 for each of the Spanish flea, believe it or not, adapted for arid next two years. Weed control teams conditions to be used to spread myxomatosis throughout the State are using those funds to among rabbits in south-western Queensland. control the spread of declared weeds, The State’s stock route network is particularly the honey locust tree, tobacco managed for the primary use of travelling weed and any declared weed on Government stock, and the current drought conditions have lands. The department has also submitted an increased the pressure on just about all the additional 16 species and six genera for major stock routes. A strategic plan for stock declaration to prohibit their introduction. routes has been developed in consultation Progress is being made by the department’s with local authorities, drovers, grazing industry research stations at Sherwood, Inglewood and representatives, interested Government towards the control of pest departments and environmentalists. To that weeds, with notable success regarding rubber extent, a computer database for water vine. An extensive search identified a rust facilities and stock use on stock routes is also disease which affects rubber vine without being established. causing any damage to native plants and crops. The release of particular insects to 9 November 1993 5428 Legislative Assembly

In late 1991, the department established The people of Queensland are also the Aboriginal and Torres Strait Islander land aware that Labor has a plan to alienate huge Interests program to manage its tracts of land for the benefit of one group of responsibilities regarding the administration of people, and to take that land out of the the Aboriginal Land Act 1991 and the Torres productive system. They also see that the Strait Islander Land Act 1991. This land titles program is in a shambles. It is some responsibility is shared with the Departments 30 000 documents behind and quite a few are of Family Services and Aboriginal and Islander lost. Staff morale is low and, quite frankly, it is Affairs, Environment and Heritage, Minerals affecting the viability of this State. Lawyers are and Energy and the land tribunals to provide a ringing up about these documents, and they whole-of-Government approach. An Aboriginal just cannot get them through. Something has land claims tribunal has been established with to be done, and I think Government resources a full-time chairperson and 18 deputy should be allocated to that area very quickly. chairpersons or part-time members. During the Land is the basic building block of any 1992-93 period, the tribunal received private enterprise economy. Every endeavour applications for 15 areas of claimable land, or we make relies in some way on the use of about 0.93 per cent of the State. The first land. What Parliaments of Queensland and claim was heard on 23 August. The Australia do with the land laws will still have department’s role is to identify and gazette effects a century from now. Land policy is too land available for claim by indigenous people, important for any political party to use as part administer the land claims and associated pre- of some sort of social engineering agenda. claim information, and issue titles following the Unfortunately, this Labor Party stands recommendations made to me by the tribunal. condemned for doing just that. In the past I might just say that that program is, I three years, it has used changes to all sorts of think, working rather well. There was some laws to advance Labor’s social agenda. With hesitancy from the indigenous groups to lodge primary producers on their knees, Labor those claims in the first instance. I guess it is imposed new revenue measures to break their always easier to come after rather than to backs. It imposed green laws to make it even come before. I think that the people harder to make a living on the land. At least it concerned are now gathering confidence in pandered to the green vote in the cities. Now, the system and people other than indigenous the Labor Party is getting set to redistribute people are realising that the format of the the agricultural and grazing land of this nation courts is one where everyone receives a fair away from production. hearing. There have been problems, which I A proper land policy is all about allocating will address right now. One or two rather small and managing land for the needs of every shires, which have limited financial resources, part of our society. We must set aside land for have complained about the high cost of agriculture and grazing, for people to live on, receiving the transcript of the hearings. I have for parks in which people can relax, for roads, moved to address that. With that problem railways, ports, airports, mines, factories and addressed, there are no major impediments to the offices of companies that produce the the successful operation of the court in the wealth that society needs. To do that, we coming year. must have a clear idea of which particular Mr HOBBS (Warrego) (5.45 p.m.): blocks of land would best be suited for those Queenslanders have had four years and two purposes, and very clear ideas of how to Ministers to help them judge Labor’s land allocate that land. There must be a plan, and policies. What they see now is a shambles. society has to make that plan and agree with They see a network of new laws, it through its elected representatives in retrospectively changed in the way they can Parliament and on local councils. Parliament use land they thought was privately owned. has to be the final arbitrator of land allocation They see savage increases in the costs the and land use questions. I am sure that we all Government imposes on them for the use of agree on that—the right of society as a whole their own land. For the rural producers, those to make the important decisions about land. costs bear no relationship to the land’s ability The trouble arises when we actually get down to produce an income during a period of to doing that. The coalition has very basic prolonged drought and adverse trading philosophical differences with the Labor Party conditions. For the user of industrial or on land matters. For the sake of commercial land, Crown rents and land taxes Queenslanders, I am glad that we are poles are crippling at a time of deep economic apart on this point. The coalition is always recession. ready to make the point that private ownership and security in that private ownership of land Legislative Assembly 5429 9 November 1993 are basic to its policies. All members on this waiting for values to rise over time. They side of the Chamber agree on that. But the should be paid a reasonable price. If the Goss same cannot be said for the Labor Party. Government gets away with this land grab, Landowners were horrified to hear one every piece of freehold in Queensland will be Labor view put in 1990 by a new member, up for grabs. It will make the Mabo nightmare who we all hope has woken up since then. He seem like a fairly pleasant daydream. said— Labor’s history in Government is one of “I contend—as did old time imposing more and more restrictions on the socialists—that, by and large, freeholding rights of individuals to use and enjoy private of land is just as immoral a proposition as land. It is a history of imposing unregistered the proposition that the very air that we interests affecting property ownership. A great breathe should be owned and possessed number of unregistered interests have a by a favoured few. The freeholding of profound effect on the way we manage land Crown land by the Crown is an immoral which we have always thought of as private act.” property. Those unregistered interests will grow as long as we have government by What a disgrace to a party that claims to run a pressure groups. That is what we will have modern economy! while Labor occupies the Treasury benches I am glad to say that that sort of rubbish here and in Canberra. What those would go nowhere in the coalition. The unregistered interests represent is a coalition parties take a totally opposite view. retrospective change to the law. They have We believe that freehold, in particular, and the effect of bringing about a decline in the even very long and very secure leases, are value of property to its owners, and placing the first and most important requirement for unreasonable conditions on the current use of investment confidence. We believe that that land. The way we can use or deal with our people with that kind of tenure have a real land is changed after we have acquired that interest in long-term planning for the land. productive use of land. They also have a real I go back to what I said about interest in preserving the productive capacity Government by pressure groups. The largest of the land. To me, freehold title has always group of unregistered interests stems from the meant a great deal, as I am sure it has to a massive growth of pressure groups in the great many others. It has always had the country, and the willingness of Governments connotations of stability and security. It has to intrude more and more into our lives. Labor always brought with it a guaranteed right to has given us new laws in Queensland which use and enjoy private land without too many allow bureaucrats to decide whether parts of restrictions. There have always been zoning our holdings should be nature refuges, or to restrictions, and that is fair enough. They have impose vegetation protection orders. It sounds always been up front. When we bought land, great, because none of us want the koalas, we knew what we could do with it. the kangaroos, the hairy-nosed wombats or In the brave new world of Labor and the yellow-bellied gliders to die out. We should Wayne Goss, freehold title takes on a whole always provide for the native animals and new meaning. Now, a person simply has the plants of this country. But at whose cost? As a use of his land until the Government decides society we want to make provision for them. that it is somebody else’s turn. That must be But, increasingly, individuals are required to part of the openness, honesty, accountability, bear the cost. That is not acceptable. If natural justice, due process and a fair go for society wants to do something for the all! When those who know best make up their common purpose, then the whole of society minds, the Government makes an offer to buy should bear the real cost. The ability to that we just cannot refuse. If we do, it takes declare nature refuges and suchlike on private the land anyway. It is George Quaid this time. land without compensation, as happens under Who will be next? Only in the most extreme new Queensland law, imposes real cost circumstances should any Government burdens on landowners. Surely it is not too contemplate the compulsory acquisition of much to ask that a society which effectively private property. Even then, it should take only takes that land out of production should have as much of the land as it needs for a clearly to pay for the right to do that. legitimate public purpose. Finally, the price Parliament recently passed legislation paid to the private owner being dispossessed putting severe restrictions on what land- should reflect some long-term value of that holders can do in the vicinity of watercourses. land to the owner. People buy land with the Typically for Labor, that law went too far. A intention of developing it in some way, or even bureaucrat using the letter of the law can rule 9 November 1993 5430 Legislative Assembly out essential property management practices people. It took a long time for the Premier to such as placing culverts on a property access face the real implications of Mabo. Even then, road. I heard of a case recently in the Burnett he was happy to settle for the publicity value area where a forester effectively stopped the of the Weipa bauxite project. He has agreed extension of electricity to a group of acreage to toe the Labor line on all of the rest, and the properties because he would not allow the Queensland economy will suffer the felling of just a handful of trees. consequences. The Premier’s publicity Those people opposite give bureaucrats machine would like us all to forget that there is the power to make decisions with terrible only one Labor Party with one set of basic impact on particular people. The greatest policies. However, Labor’s big boss in single threat to proper land management and Canberra is Paul Keating and its little boss in land allocation comes from Labor’s handling Queensland is Wayne Goss. Unfortunately for of the Mabo decision. I noticed today that the us all, the big boss has now put the little boss Minister did not even mention the word back into his place. The little boss has agreed “Mabo”. He really should have because, quite to go along with a plan which pleases Labor’s frankly, the security of land and land tenure Left, but places the whole land system in and the effects of Mabo should be one of the great jeopardy. biggest issues and concerns for land The greatest danger of Labor’s Mabo management. sell-out to the Left is that a huge proportion of We all know that the High Court has the productive land of this nation will be taken brought down a majority finding in favour of out of production permanently. That will some sort of native title, which it said may happen permanently because the Federal exist over some land in Australia. The court Government will provide the money for land to excluded certain classes of land from native be purchased by Aboriginal groups. That land title on the basis that they have been will then be converted to inalienable Aboriginal alienated by lawful acts of the State. It also tenure. It will not happen in Labor’s heartland left the former native title up in the air, and I in the big cities. It will happen in the north and believe there will be a debate for a long time in the west where our great livestock industries about what form it should take. It could be are based. The Northern Territory Government said that no lawyer will be living in poverty by has already sounded the warning that, under the year 2000. the Labor plan, about 95 per cent of the Northern Territory will end up as Aboriginal The debates which have followed the land. The same process is under way in north High Court decision have been divisive. They Queensland and the Labor plan will just have been unnecessarily divisive. I blame accelerate that. people such as Paul Keating and the Premier, Wayne Goss. One of the first things the Of course, people such as Noel Pearson Premier did in Government was to make it are smiling. They will be laughing because clear that his administration would not they got a far better deal than any court could vigorously prosecute the State’s argument in have given them. If the claims were fought in the Mabo case, and that it would not appeal the court, there would not be a lot of land at implications of the Mabo decision. The plaintiff the end of the day. It would have been free generally wins when the respondents run because the taxpayer would have footed the dead. That is what happened. When the Bill for the claimants right through the process. judgment came down, both the Prime Minister But this way is better for the Aboriginal people and the Premier jumped on the Mabo band- looking for land. This way they will get more wagon early and built up quite unreal land—a lot more land. They do not have to expectations among Aboriginal and Islander wait for years for court cases and it still costs people. them absolutely nothing. They just decide what land they want and they buy it with Mr T. B. Sullivan: Are you saying the money provided by the taxpayers of Australia. High Court judges can’t do their job? That’s a pretty damning condemnation. Honourable members will no doubt recall the Prime Minister’s appearance on the ABC’s Mr HOBBS: The honourable member 7.30 Report on the night he was selling his knows exactly what I said. The Premier made supposed great victory. When he was asked it quite clear that he was not going to pursue about the extent of the land acquisition the issue. He did not follow the thing through. funding that he would hand out, the Prime He just knew that he wanted it to go that way. Minister was coy, to say the least. But he did That was done for cynical political reasons that admit that it was more than the hundreds of had nothing to do with the real interests of the millions of dollars suggested. It is no longer nation or even the Aboriginal or Islander Legislative Assembly 5431 9 November 1993 any secret that the fund will be around Keating and Goss have decided that Mabo is $1,000m. That will buy a great deal of land. an issue in the Aboriginal reconciliation I challenge the Minister now to deny that process. Labor has made it part of its social activists such as Ross Rolfe in his department engineering agenda. have been running around already identifying Whatever else we might think of Keating, lands to be bought by Aboriginal groups with only a fool would underestimate his willingness funding provided by ATSIC. I also challenge to fight hard for what he wants. Labor’s little the Minister to table a listing of the boss has found that out already. Labor’s big Queensland land parcels which have passed boss has the weapons, in the Australian into Aboriginal hands during the last three Constitution. Under the foreign affairs head of years. Labor imposed inefficiencies have just power, he already has international about crippled his department. I have no agreements that allow him to legislate for land doubt at all that he could lay his lands on rights. There is also the power inserted by those figures if he wanted to. referendum giving the Commonwealth the Sitting suspended from 6 to 7.30 p.m. power to make laws for a particular race. To top it off, there is the constitutional supremacy Mr HOBBS: As I mentioned before the of Commonwealth over State law. If Paul dinner adjournment, already most of the land Keating decides to, he can take over land law north of Cooktown is out of the productive in Australia. He will do that if the States do not system as it is dedicated as either Aboriginal stand up to him and make it too expensive land or national park. Either way, that land is politically. That is Wayne Goss’ duty. But I do no longer managed. It is a time bomb waiting not think that he will do so; he has been to go off. Exotic disease could spread quickly whipped by the big boss once too often. through our livestock industries and devastate our rural economy, which is still a major That is a frightening prospect for anyone contributor to taxes, employment and foreign who believes—as I do and as the National currency earnings. Party does—in the private ownership of property. I make it clear now that the National The Labor plan to win votes out of the Party has basic positions on Mabo and other Mabo judgment should be put to a native title issues from which it will not retreat. referendum of all the Australian people. It is We will always insist that any negotiating just not good enough that policy with process is dealt with under laws available to all monumental effects for every Australian now Australians and by existing courts within and in the future is made by Paul Keating and Australia. We are not interested in special Wayne Goss with the help of a few cronies. tribunals operating with lesser rules than the That group includes the loony Left of the courts and with lesser standards of evidence. Labor Party, a handful of non-representative We certainly will not accept that our land laws Aboriginal activists, a few academics and will be subject to the values imposed by the taxpayer-funded Aboriginal legal aid overseas bodies dominated by people with lawyers. There is no consensus across interests different from those of Australians. Australia that a couple of per cent of the population should be taxpayer funded to lock In relation to any land claim process, the up huge tracts of land and close those areas National Party will also insist that financial to productive development. I can guarantee assistance for legal representation be that there is no consensus on that, and I available to every party to a claim. It is just not challenge the Labor Party to chance its hand good enough that a landowner could have to at a referendum. I challenge it to let every spend a fortune fighting off claims for land to Australian have a say. Is it so bad in a which he has already been given valid title. democracy to let people have a say? In relation to the Rural Lands Protection I have no doubt that Labor’s thought Board—serious concerns have been raised police will brand me as a racist for insisting with me in a number of areas, particularly the that ordinary Australians have a say in a dingo barrier fence. Funding for that project massive change to our land-holding system. has generally been decreasing. It is fortunate No doubt, it is no longer politically correct to that the weather has been favourable to the trust the people who send us here. So be it. I maintenance of the fence. However, if the will take my chances. People are running all season breaks—and we are all hopeful that over the place talking about the legalities of that will occur—much more money will have to Mabo and the Labor plan to validate titles. be dedicated to that project to keep the fence “Private land is safe”, they say. “Very little will maintained. I understand that two staff who be claimable”, they say. Very few recognise coordinate that project are about to be put off. that the legalities do not matter a damn. I think that the Minister should reconsider that 9 November 1993 5432 Legislative Assembly decision very carefully. Concern exists about residential, commercial and industrial the relations between property owners along development and also the acquisition of the dingo barrier fence. It is very important freehold and leasehold land for public that we keep all the people along the fence purposes. The program also provides services on-side to ensure that gates are not left open, for the opening and closing of roads, the etc. The fence is a valuable asset to the maintenance of a strategic information base community across-the-board. We really must of all Government land, the gazettal of land do everything we can to keep it that way. available for claim by Aboriginal and Torres Recently, the 1080 campaign has been Strait Islander people and the processing of cancelled. However, the Minister claimed that land claims to be presented to the Aboriginal there was no disruption to the availability of and Torres Strait Islander land tribunals. An 1080. That is incorrect. I have here amount of $12.6m has been allocated to fund documentation that was distributed to all local the program this financial year. authority and departmental officers directing As the 1992-93 annual report which was them in the following terms— distributed to members several weeks ago “Officers have no authority to provide points out, the program makes a contribution land holders with any 1080 impregnated to the good of the environment through its bait material until further notice.” efforts to minimise the impact of pests, plants and animals. In this regard, an amount of Recently, the Minister claimed on radio that $14.35m has been allocated in the budget to there were no disruptions to the 1080 cover maintenance of the dingo barrier fence program. Obviously, the Minister was not and the control of noxious weeds, wild dogs, telling the truth. I hope that he realises that rabbits and feral pigs. This includes $600,000 that program is of vital importance. for the preventative control of declared and I turn now to the weed control teams. I other noxious plants through the understand that they have been operating establishment of weed control teams. effectively, and that is very pleasing. That A potential biological control agent for initiative was suggested initially by the rubber vine—a rubber vine rust discovered Opposition. during an extensive search of Madagascar— Time expired. has been released in north Queensland on Mr VAUGHAN (Nudgee) (7.36 p.m.): I am Delta Downs Station, which I had the pleasure very pleased to have the opportunity to of visiting with the Minister in May this year. participate in the debate on the Estimates of About 30 per cent of Delta Downs, which the Department of Lands. The management covers an area of 383 000 hectares, is of the land in this State and our nation is infested with rubber vine, which has only vitally important. As the motto of a well-known moved into the area since the war by moving real estate company on the Gold Coast goes: down the river system from the Charters “The best investment on this earth is earth”, Towers area. The infestation stands out along because no more earth is being produced. the banks of rivers and streams, where the rubber vines are climbing all over other Unfortunately, although this country has vegetation. It has also moved out over the been settled for only just over 200 years, the floodplains and is so thick that, if cattle management of the land in the past has left a manage to penetrate it, in many cases they lot to be desired. In many instances, we do become trapped. not appear to have learned a great deal from the mistakes that have been made in the The release of the rust is linked to an past. In fact, as we are all aware, there are integrated control management strategy which areas of this State in which the land has incorporates a threat abatement program to become so degraded through use and abuse address the expected impact of rubber vine that it is virtually beyond redemption. However, on natural resources. Under the program, under the Land Use Program, the department extensive testing has also been undertaken to is setting about managing the State’s land develop a method of controlling lantana and within a land planning framework to ensure its parthenium. As a result, two insects to control most appropriate and sustainable use for lantana and two insects to control parthenium economic development, public purposes and have been approved for release. After environmental conservation. Under the extensive trials, new chemicals have also program, policy options for land management been registered for controlling mesquite, are researched and developed, and services prickly acacia, honey locust tree and badhara are provided for the reservation, leasing and bush. sale of State land for agricultural, grazing, Legislative Assembly 5433 9 November 1993

Last April, together with the Minister, I Mr VAUGHAN: I said, “Spanish flea has inspected a mesquite infestation on been adapted for arid conditions.” It has been Comongin, a property just outside Quilpie. successfully bred and will be used to spread Unfortunately, mesquite was introduced for its myxomatosis amongst rabbits in south- perceived benefits as a coloniser of unstable western Queensland. arid areas, as a food and shelter tree for I note in a recent press report that a livestock and as a garden ornamental. human medication, Warfarin, used to prevent However, the cost of the damage it causes far blood clots, is being tested by the department outweighs its benefits. The methods that have as a possible weapon against feral pigs, which been adopted to attack mesquite are are also a problem. effective, but it is extremely hardy, and eradication of this pest is a long way off. The effects of the drought are also exacerbating the kangaroo problem in many As a result of visits to my home town of areas. Those properties that have been Richmond in the past, I am aware of the fortunate enough to receive reasonable problems that prickly acacia is causing in that rainfalls are attracting large populations of area of the State. This pest is also extremely kangaroos which seem to be drawn as if by a hardy and difficult to destroy. Unfortunately, in magnet to any area where green shoots are the past, these pests have apparently been starting to appear following rain. allowed to spread virtually unchecked to the extent that in many areas they were taking Last July, together with the Premier’s over the land. While the Government certainly northern and rural task force, I participated in has a responsibility to look after the land, so a briefing, at the Charleville district office of the does the land-holder. In this regard, I believe Department of Environment and Heritage, on that in the past the attitude has been to rely the kangaroo problem. I also had my first on the Government too much. I must say that taste of kangaroo meat which, if I had not it concerns me when I hear land-holders ask known what it was, did not appear to have any what incentives the Government will give them particular taste. I have since tried it again in to look after their land. South Australia where it is on every restaurant’s menu, and it is quite palatable. The dingo barrier fence plays an There is no doubt that, provided an overseas important role in preventing the ingress of market can be built up, kangaroo farming in dingoes and wild dogs into the major sheep the south west must become a reality not only areas of south-west Queensland. It links with because it presents one way of controlling the the New South Wales fence on the border at kangaroo population but also because the Moombidary, runs north to near Windorah, nature of the country lends itself to this form of east to Adavale, north east to Tambo, then use. south east and east to Jandowae, covering a distance of 2 500 kilometres. The fence is As I stated at the outset, because of use patrolled weekly and there is an ongoing and abuse over more than a hundred years, maintenance program which involved renewal many areas of this State have become so or restructuring of 135 kilometres of fence last degraded that they are no longer suitable for financial year. the grazing of sheep and cattle. In this regard, and because sustainable land use is Last April I had the opportunity of increasingly important to all of us, the mulga inspecting part of the fence from Augathella to region, which covers an area of some Morven with the Minister and Jerry Stanley, 19 million hectares, has recently been the the manager of the fence. I also saw at first subject of a comprehensive study of the inter- hand a maintenance gang at work. I must say dependence of the environment, pastoral that I was very impressed by the competence production, and the economy of the region. of the four men in the gang who are required to work in fairly difficult terrain, often under Although the current drought has had, harsh conditions. For anyone who is and is still having, a severe impact on the interested, there is a photo of the fence on mulga region, unfortunately because of page 17 of the annual report. climatic and economic factors and extremely bad management, or in some cases a Under the program, action is being taken complete lack of management, a large area of against known populations of rabbits by using the region is severely degraded. It is myxomatosis inoculation, low concentration estimated that more than one-third of the pesticides and fumigation of warrens. A region which produces 15 per cent of the Spanish flea has been adapted for arid State’s gross value of livestock products— conditions. approximately $127 million per annum—is An honourable member interjected. 9 November 1993 5434 Legislative Assembly severely affected. This is costing the State Unfortunately, it is a fact that when the some $52 million in lost production. seasons are good there is a tendency to According to the records that are forget what it is like when they are bad. We all available, when this area was first settled it know that in this country we get a run of good was covered in the main by open forest years and then every so often we get a grassland. Even today there are some areas drought such as we are experiencing at where open forest grassland still exists present. I sincerely hope that when the current because they have been properly managed. drought is over—it would be one of the worst In December last year, with the Minister, I we have experienced—we do not forget what travelled by road from Quilpie to Charleville it was like and in future manage the land and was able to personally see examples of accordingly. properties where there was still open forest Because of a number of factors, for grassland. Along the road there were striking example the price of wool, degradation of the examples of good and bad management of country and the drought, some properties are properties. On one side of a fence dividing too small to be viable and property build-up is properties, there is grass with trees scattered necessary to achieve sustainable land use over the landscape and on the other side of and economies of size and to allow flexibility in the fence there is thick mulga and turkey management. According to the records, this is bush. The comparison is significant. history repeating itself. Until the mid 1960s the Unfortunately, because of regular overstocking subdivision of leases and closer settlement through ignorance, greed or desperation, on a were common. However, because of a large number of properties the open forest gradual decline in the productivity of the grassland has gradually disappeared, to be region, together with drought and low wool replaced with mulga and turkey bush, with the prices in the 1960s and 1970s, the result that on some properties stock live amalgamation of smaller leases took place. mostly on mulga and not grass. Even mulga Although some areas may be beyond properties have been further degraded as a redemption, this could probably be the last result of bad management practices when opportunity we will have to save this area of properties have been stocked with cattle and the State. If we do not get it right this time we sheep incorrectly. Add the effects of drought may not get another chance. It is estimated and the impact of kangaroos to this situation that as many as 200 of the 1 200 land-holders and the result is disastrous. in the area are considered not to have a This is arid land, and a large area of it viable future. has been badly treated for a very long time. Another matter that has contributed to However, I am pleased to say that there is degradation of the land is the past now a realisation that this very fragile region uncontrolled use of artesian water through a has to be carefully managed with due regard network of bore drains. In country which has a being given to climatic cycles which occur over median rainfall ranging from 400 millimetres in the area. As a result of the study which I the east to less than 200 millimetres in the mentioned earlier, action is now being taken west and in which extended droughts are to achieve sustainable land use in the region common, use of water in this manner is very by giving consideration to the production inefficient and has limited the stock and potential of the land with respect to climate, pasture management options because stock carrying capacities, water management, and pests have uncontrolled access to water. protection of biodiversity, and the This has also been a contributing factor to the management of kangaroos and feral animals. kangaroo and feral animal problem. Although Notwithstanding the damage that has been since the 1940s it has been a requirement done to this region over the last century or so, that new bores be fitted with control valves to provided sustainable land use and land assist in eliminating waste, and although since management practices are developed and 1954 all new bores have been required to complied with, there is every possibility that have piped distribution systems, unfortunately the degradation that has occurred can be in the mulga region the flow from the great halted and in many cases reversed. Although artesian basin has diminished to such an there will be people opposed to the extent that nearly 20 per cent of bores have management plans that will be put in place, ceased flowing. they must be made to see that it is in their As a further example of the problem that interest and the interest of the State as a is developing, in the early 1900s the flow from whole that the mistakes of the past cannot be the Great Artesian Basin was 600 megalitres a repeated. day. Today, it is around 260 megalitres a day, and over the next 30 years it is anticipated to Legislative Assembly 5435 9 November 1993 fall to some 160 megalitres a day. Many of the staff have taken sick leave for Furthermore, 95 per cent of the water from stress-related problems. artesian bores is lost through evaporation and To get this in perspective, we need to seepage in summer. It is also estimated that compare this with the performance of other over 100 000 tonnes of salt are deposited Australian Titles Offices. In Sydney, a annually around bore drains. Although some straightforward title search takes five minutes, landÐholders consider bore drains are the and registration normally occurs within 24 most suitable water distribution for their hours. There is no backlog awaiting properties, the deterioration of the Great processing. In , a title search takes Artesian Basin cannot be ignored because of 24 hours, and a new dealing lodged with the the importance of this form of water supply to registrar is searchable within 24 hours of western areas. Even though the cost of lodgement. controlling the bores and replacing the bore drains with pipelines is estimated at $62m, it How did this catastrophe happen here in will have to be done. Queensland? The wags in the Titles Office explain that if one employed consultants with Our land is one of our best assets. It a brief to wreck the Titles Office, they could provides us with the three basics of life: food, not have done a better job. The first step was clothing and shelter. Provided we look after it, to put in charge management which had no it will continue to provide us with these understanding of the significance of the necessities of life. That is why land integrity of the Titles Register. This degradation, which has been allowed to occur management then proceeded to put in more in certain areas, must be halted and junior managers who also had no appropriate land management programs put understanding of the ramifications of a failure in place with a view to returning those areas to to maintain the register. They even appointed their original condition. a Registrar of Titles—who has now Time expired. retired—who had never worked in a titles office Mr SANTORO (Clayfield—Deputy Leader and had no formal legal or financial of the Liberal Party) (7.51 p.m.): Some years qualifications. The senior titling officers were ago, a disastrous decision was made, the sidetracked into non-jobs. effects of which are only now coming home to This unknowing management then set roost. I refer to the decision to transfer the about changing the priorities of the Titles Office from the Justice Department to department into all sorts of side adventures, the Department of Lands. Today, and as a such as mindless regionalisation. This required result of this decision, the Queensland Titles diversion of resources from the maintenance Office is in a state of almost total collapse. It of the register. It also provoked the resignation has almost completely ceased functioning, of many of the older, highly experienced, and the integrity of the Queensland Title senior Titles Office personnel, and they took Register is under serious and sustained with them their knowledge and experience assault. I have been told that, as at gathered over many, many years of hard and Wednesday, 21 October, the Brisbane register loyal work for that department. The had over 40 000 unregistered dealings. That management was aided and abetted by a is a huge number when one realises that it PSMC, which also had no comprehension of receives only 9 000 per week. I see the what it was playing with, and a Government Minister smiling. In his reply, I invite him to tell which seems to believe that it can regionalise us precisely how many transactions are anything, and the more the better. Naturally, outstanding. It is taking up to three weeks to that Government saw to it that the most senior obtain a simple and straightforward photocopy public servants were yes-men in their own of a title. Only 18 months ago, this simple task stead, and so made sure that no other voices was being accomplished in four hours. were heard. Of course, the inefficient and lengthy This brings us to today. We have a delays experienced with the registration of network of regional Titles Offices, established titles mean that, in turn, developers at enormous expense, most of which have experience lengthy delays in obtaining new almost nothing to do. In an attempt to titles. The extra interest costs that result from window-dress the figures a little, one—the this are simply passed on to the final Maryborough office—actually had a member customer—often young home buyers and walking from solicitors’ office to solicitors’ office small businesses. Eighteen months ago, asking if they had any searches or documents these delays were in the order of seven days. to lodge. People from that very same office Today, they can stretch out to two months. started driving from Maryborough to 9 November 1993 5436 Legislative Assembly

Bundaberg and then set about canvassing for Since that time, the banks and finance work. I do not know whether these practices companies have moved to close the one or are still occurring, but I believe that people two regional security centres that they did from that office are now driving to Kingaroy on operate and, instead, intend to lodge all their a regular basis and, when there, canvassing documents in Brisbane. It is likely that as the local solicitors, trying to divert the work much as 90 per cent of the transactions in the they would have sent to Brisbane by mail. In southern registry will be conducted at the the case of the Beenleigh office, there is so Brisbane office. Needless to say, the banks little to do that it is nicknamed Noyea Park, are in the business of making money and not which is a retirement home! squandering taxpayers’ dollars, as the Titles I am told that to keep these regional Office is keen to do. centres partly operational, work is being sent The management also set about to them from the Brisbane office with, at duplicating search and registration delivery times, few security provisions being made. services already provided by private Most of these branch titles offices are costing enterprise. They made sure that it would be a fortune, and all they are is a substitute for successful—and I use the word “successful” the mail service or, more importantly these advisedly—by charging a little less than the days, a fax service. All they do is send cost of providing the service. For example, in requests and documents to Brisbane and Queensland, the Titles Office will receive an receive them back from Brisbane. They are order for a search, perform the search, fax duplicating the mail service or the services back the results and charge the cost to an provided by private enterprise. Previously in account they maintain for their clients for $8. this place, I have spoken about this very In New South Wales, the comparable service problem. And they do it for free! It is a strange costs $24. No private organisation is providing priority for a Labor Government to want to such a service for less than $18. Australia subsidise solicitors and other property Post charges more just to send a fax, let purchasers who can afford to pay for that alone receive it, do a search and operate an service. These branches have no necessary account as well. Australia Post does not part of the maintenance and operation of the provide accounts, either. Title Register. They cannot. It is not possible. And so it has continued, with a central In a further effort to justify their existence, register that is seriously undermined and the management decreed that the working grinding to a halt for want of resources whilst maps would be transferred to the regional ambitious empire builders divert vast offices. Almost all the users of these maps resources to unneeded and unwanted screamed in protest. As usual, they were regional office empires. This Government runs ignored. Nearly all requests for access to around closing things that are really useful these maps came, and continue to come, and wanted by the country people, such as from the Brisbane area. The management railway lines and magistrates courts, and at also ignored this. Now, the vast majority of the same time spends millions on opening users have no direct access to the working mini Titles Offices all over the place. Frankly, maps and have to put up with a slow and the average resident of regional Queensland uncertain process of getting the regional office could not care less whether he or she has a concerned to photocopy a portion of the local Titles Office. They are indeed truly working map and fax it back to Brisbane. In strange priorities! the case of the few users who can visit a For a long period, the statistics provided regional office to look at one of these maps, by the Lands Department about the they are unable to use it effectively as much performance standards of Titles Offices were of the other material which they must access demonstrably wrong. Their users had is held in Brisbane and copies have to be sent protested about this over and over again and, out from Brisbane for it to make sense. The as usual, have been ignored. More recently, merry-go-round is indeed very confusing. the administration was forced to admit that the Perhaps this massive misallocation of figures they provided did not correctly resources would make sense if the users were represent what was going on. What this located near the regional offices, but they are Government and administration have totally not. The last time accurate figures were overlooked is that the integrity of the Title produced by the Titles Office, over two-thirds Register is fundamental to the operation of of all documents taken into the southern our whole financial system. Nearly all lending registry office—including those lodged at the is done on the basis of real estate security. A regional offices—were actually lodged by the lender will not lend unless he is satisfied that banks and financial institutions in Brisbane. he can obtain title to the property offered as Legislative Assembly 5437 9 November 1993 security if the borrower defaults. This is so cause people to lose their homes, and fundamental to the sound functioning of a financial institutions to lose their security. nation’s and a State’s economy that it is one The Real Property Act requires that of the early World Bank/UNDP aid projects documents be lodged in the Office of the which is offered to developing countries. Only Registrar, and provides specifically for the with a secure system of land titling can the subsidiary registers maintained in financial system work properly. Rockhampton and Townsville. Notwithstanding Mr Hobbs: It has just fallen right back. this, documents are accepted by the Lands Mr SANTORO: I take that interjection. It is people at offices all over the place. It is only a almost in a state of total collapse. The only matter of time before a challenge will arise solution available to title owners is to go about over when and who delivered a document and it US style, which is to take out costly to what office. insurance to cover this deficiency of the Titles The unregistered dealings system has Office. Frankly, the events of the last few evolved into a kind of defacto register for years have put the integrity of the Queensland “anything any one ever wanted to record system at grave risk. It is a system that has about someone’s land”. Of course, the big been built up diligently over so many years, problem is what happens if some of this with so much hard work by so many loyal information is wrong. Often, quite important public servants. decisions are made on the basis of that I am not aware of any study being made information. As far as we can find out, it is an on the question of priority of registration with all care and no responsibility system. Recently, respect to widely separated regional offices, a senior Brisbane officer proposed to let the especially when computer and telephone banks and finance companies lodge their faults prevent communication. I am told that a documents without examination to see if they batch of documents was erroneously were correct. Fortunately, wiser heads found forwarded to corporate headquarters at out what was going on and were able to Woolloongabba and unfortunately was prevent it happening before any damage was shredded. This is certainly one way to get rid done. of the backlog. How are the unfortunate What all this boils down to is that the owners to be compensated? integrity of the register is under serious threat. He who lodges first gets priority in That threat is coming from this Government registration. I have been told of a computer and the administration it has in place. I have failure in Rockhampton a while ago that been told that the Government has recently meant that documents lodged in appointed a new head who has an enormous Rockhampton received a priority more than amount of experience and who wants to go three days later than documents lodged in about the business of cleaning up the system. Bundaberg. Luckily, on this occasion, the All the people who have contacted me have documents lodged in Bundaberg did not seen that appointment in a favourable light include any caveats over land affected by the and they are looking forward to some good Rockhampton delays, and the dealings frozen things coming from the activities of that in Rockhampton did not include any time- person. That is the first glimpse of good critical documents. But who knows what will management that those people have seen for happen in the future? a long, long time. Time-critical things have been lodged in It is absurd to create mini titles offices all Townsville and, because they were not over the place. It is absurd to set them up for attended to for days, they lapsed. Withdrawal no purpose other than to duplicate the mail and re-entry of caveats were important in and private enterprise provided services. It is those cases. There are now legal actions on doubly absurd to do so below cost or for free. foot over them. The Townsville registry will not It is beyond belief for a Government that is allow larger users to lodge over the counter. trying to behave responsibly to be extending They insist on the documents being left with subsidies to people who are not in need of them. It then takes them one to two weeks to these subsidies. It is tragic that no-one in the look at them and give them a dealing number. Government or the administration seems to This means that any one could lodge another have any understanding of the consequences document over the land during that one to two of their actions. If they succeed in damaging weeks and the one already in the Townsville the integrity of the register, they will cause registry would lose priority. At best, it would damage to the whole of the Queensland and lead to a Supreme Court action and could the Australian financial system of such dimensions as to defy belief. At least the 9 November 1993 5438 Legislative Assembly

Justice Department had the good sense not allocation for 1992-93 of $1,466,000 has risen to fiddle with the register and its integrity. Not to $1,700,298. The increase in funding is so the Lands administration to date. largely a reflection of the introduction of the It is very late in the day. To save the day, new Tenure History Unit within the program. the time has come to stop diverting resources Since the enactment of the Aboriginal from the maintenance and operation of the and Torres Strait Islander Land Acts, about register. The time has come to stop the idiocy 37 265 hectares of vacant Crown land and of regionalising things which just cannot be about 2 359 000 hectares of national park regionalised. The time has come to start land have been gazetted as claimable. operating the Titles Office as a Titles Office, Twenty-two Cook Shire islands amounting to not some sort of career-enhancement facility 265 hectares have been gazetted. A total of for ambitious young public servants. The time 15 land claims have been received and has come for the Minister, together with his forwarded to the Aboriginal Land Claims new head, to take control and take the system Tribunal since the legislation was introduced. by the throat and shake it out so that there is One land claim association has been no longer a backlog of 40 000 unregistered incorporated to allow the claimant group to situations, and so that no longer will people access funding to assist with preparation of telephone to yell and scream at the poor their land claim. An interim database has people on the front desks who cannot cope been established to assist in the management because the policy of the administration is all of land claims and expressions of interest from wrong. For the sake of the Queensland Aboriginal and Torres Strait Islander claimants. economy, and the sanity and financial About 130 expressions of interest have been wellbeing of many people who depend on the received from Aboriginal and Torres Strait operations of the Titles Office, I urge the Islander groups and individuals identifying Minister to take some action and to take it areas of land, presently unavailable for claim, quickly. over which they indicate an interest. Mr PITT (Mulgrave) (8.05 p.m.): I take Since the introduction of the legislation, great pleasure in joining in this debate on the five land titles have been issued over Estimates for the Department of Lands. transferable land. Further transferable lands, Tonight, I will deal with two particular over which titles will be issued, are presently programs. One relates to land tribunals and being identified. Surveys have commenced in the other relates to the Aboriginal and Torres preparation for provision of titling Strait Islander land interests program. I will documentation deal with the latter one first. On 3 June 1993, the High Court ruled This program was established in late that a traditional native title existed in the 1991 to manage the responsibilities of the Murray Islands and raised the possibility of its Department of Lands in relation to the existence throughout Australia. The common Aboriginal and Torres Strait Islander Land law recognition of native title is of particular Acts. It shares this responsibility with the significance to dealings in land. Concern Departments of Family Services and arises because certain dealings may Aboriginal and Islander Affairs, Environment extinguish native title or grants over land. and Heritage, Minerals and Energy, and the Where native title may continue to exist, it Land Tribunal. The business activities of the might be invalidated based on the Racial program are concerned with the identification Discrimination Act 1975. Therefore, all and gazettal of land—making it available for dealings in land must consider the possible claim by indigenous people; administering the existence of native title. land claims and associated pre-claim information; and issuance of titles following As a result, various departments and recommendations to the Minister for Lands by agencies that deal in land or resources have the tribunal. requested the Department of Lands to provide detailed tenure information. In July 1993, The need for definitive tenure histories to following approval from Treasury, the be prepared to establish the presence or Department of Lands proceeded to establish otherwise of native title interests has now a new Tenure History Unit responsible for been addressed by the establishment in July undertaking tenure investigations over various 1993 of a Tenure History Unit within the areas of Queensland in relation to the program. existence or otherwise of native title. The 11 A comparison of the 1992-93 staff appointed to this program from 1991 appropriation for this program with the 1993- have been joined by 11 new officers 94 figures reveals that the total budgetary Legislative Assembly 5439 9 November 1993 appointed to the Tenure History Unit. One of drawn from the Aboriginal community itself. those officers is stationed in Cairns. Applications have been made by groups of The program anticipates a major impact Aboriginal people to 15 areas of claimable from the Commonwealth and State legislation land, with a total land area of 1 599 647.82 resulting from the High Court native title hectares. That represents approximately 0.93 decision. Already, the Tenure History Unit has per cent of the State of Queensland. That been established to respond to the need to land comprises 4 490.22 hectares of vacant investigate where native title continues to Crown land, 7 140 hectares of Aboriginal exist. The establishment of a database to reserves and a total area of 1 588 017.60 manage the business resulting from both the hectares in the form of national parks. Aboriginal and Torres Strait Islander Land The first land claims to be heard by the Acts, and to reflect any new departmental land tribunal commenced in Cooktown on 23 responsibilities resulting from native title August and continued to 2 September. Claims legislation is planned and has been funded for are to areas of available Crown land totalling partial development in 1993-94. There has approximately 39 000 hectares. The tribunal been a total allocation of $160,000 shared hearing the claim comprised Mr Graeme equally between the program and the Land Neate, the chairperson, Mr Neville Bonner AO Tribunal. This project will commence once and Mr Ronald Wright—all members of that native title issues are clarified. It is anticipated land tribunal. The parties to some or all of the that completion will occur in the period 1994- land claim proceedings were the claimants, 95. the Queensland Commercial Fishermen’s The Aboriginal Land Tribunal has a full- Organisation, the Cook Shire Council and the time chairperson and 18 part-time members. Director of National Parks and Wildlife. The full-time chairperson, Mr Graeme Neate, The Simpson Desert National Park claim was appointed from January 1992. The is to be heard by the Aboriginal Land Tribunal Governor in Council appointed the part-time commencing on 8 December this year at members for a term of two years from 19 Birdsville, and is expected to run for February 1993. The four deputy approximately two weeks. A comparison of the chairpersons—all distinguished people—are 1992 appropriation for land tribunal operations Miss Stephanie Forgie, a deputy president of with the 1993-94 figures reveals a total budget the Commonwealth’s Administrative Appeals allocation this year of $742,244 compared to Tribunal; Mr Stephen Keim, a barrister in $680,000 in the previous financial year. The private practice who has a long involvement in increase in budgetary allocation relates to civil liberties in Queensland and who is anticipated high levels of land claim hearings. President of the Queensland Council of Civil The Government’s commitment to equity Liberties and President of the Legal Aid of access to Government services and Commission; Mr Clive Wall, a barrister in decision making led it to regionalisation of the private practice based in Townsville who has Department of Lands. The choice of sites for had extensive involvement in hearing and the Department of Lands was based on ease preparing indigenous land claims in Papua of client access, local community interests, New Guinea and who is a consultant to the projected population, local growth rates, Human Rights and Equal Opportunity expected development, economic activity, Commission; and Ms Carmel MacDonald, a cost of service delivery and location of officers principal lecturer in law in the faculty of law at of other departments. The regions are the Queensland University of Technology and Western, with the regional centre at Roma; who is a lecturer in charge of land law which Darling Downs based in Toowoomba; South includes an examination of Aboriginal and Coast with Beenleigh as its headquarters; Torres Strait Islander land claims. Brisbane, of course, with Brisbane being the These deputy chairpersons have also major base; Sunshine Coast at Caboolture; been commissioned to the Land Court of Wide Bay with the major centre of Queensland. The other 14 part-time members Maryborough; Central Queensland, with its are Mr Terry O’Shane, Mr Ronnie Ngallametta, headquarters located at Rockhampton; Mr Jim Wharton, Mr Bob Anderson, Mr Sonny Mackay, with the city of Mackay being the Martin, Mr Neville Bonner AO, Mr Graham base; the Northern region based in Townsville; Dillon, Mr Eric Rosendale, Mr Warren and the Far North region based in Cairns. McLachlan, Mr John Stewart, Mr Gary Ward, Approximately two-thirds of departmental staff, Mr Ron Wright, Dr Geoff McDonald and Ms that is, in excess of 920, work in offices Beverley Perel. Six members were drawn from outside corporate headquarters in industry, commerce, public administration and Woolloongabba. Most services provided by industrial relations, and eight members were the six departmental programs, such as land 9 November 1993 5440 Legislative Assembly information, land boundaries, land use, land knowledge of the local conditions by the titles, land valuations and Aboriginal and decision maker. Torres Strait Islander interests can be The department’s data communication accessed through the network of 34 offices in system will eventually provide access for all 10 regions. Smaller offices having fewer than regions and most districts to the major two members provide a limited range of information systems, such as the automated services. title system, the integrated valuations and The emphasis has been placed on sales system and the tenure administration regionalising the delivery of service to provide system. This will save both the department improved client access to service; greater and the client considerable time in such areas community involvement in decision making as title searching, valuation inquiries and through clients’ direct access to departmental applications for review of lease conditions. The officers who make decisions at the local level; client will benefit from the provision of an up- an increased awareness of local issues, to-date, locally accessible information source. community concerns and economic conditions The department’s consultation process of each region; and a desire to improve has been implemented in the regions and the delivery times for client inquiries. A limited districts. It provides a mechanism for the number of corporate services are available department to listen to the clients and to only from the corporate headquarters in collect information for use in decision making Brisbane, such as policy development, for policies, procedures and legislation. It has information technology and legal service. It is helped to develop two-way communication more effective and cost efficient to provide between the client and the department. these services centrally and in a coordinated Regions are developing their own local manner. The departmental policy manual is advisory groups to address issues specific to available throughout the State in hard copy their regions. electronic form. Clients may purchase copies of any policy for familiarisation purposes prior The presence of departmental officers on to lodging any applications. An electronic the spot provides the opportunity for staff to communications system connects all regions, add practical value to departmental initiatives. most districts and corporate headquarters in For example, staff monitor the impact of the Brisbane, and allows clients to electronically drought on local lessees in the area most access information on their properties from affected to assess eligibility for the outside their regions. For example, a client in department’s hardship provisions for pastoral the Mackay office can access details of a leasehold rents. Government assistance has lease located in the Western region. been extended to link it to eligibility for the Federal Rural Adjustment Scheme, known as One of the department’s district offices, RAS. This assistance brings Queensland into the Blackall office, has been appointed as part line with the national approach to assist those of the Queensland Government agency pilot producers assessed as having long-term program. This project is investigating the viability. application of a single outlet in a centre for a range of Government services rather than The grievance mechanism for rental each department supporting its own service valuations has changed to assist the lessee. facility. The department’s Blackall office Rental valuations are now completed by a handles transactions from various other valuer located within the region and related Governments and agencies including grievances or disputes raised by the lessees Transport, Justice, Public Trustee and are now resolved by the designated valuer in Registrar-General. About 2 400 transactions the appropriate region. This eliminates the have been handled since its inception in July expense and inconvenience to the lessee of 1992, the majority of them being received by hearing such disputes in the head office in the other departments. The advantage to the Brisbane. community is that the client can access the Similarly, clients can take advantage of department locally. The client can access the the regionalised decision making relating to department’s information through the land use applications for road closures, departmental policy manual or the appropriate subdivisions and amalgamation, review of information system, make an application and lease conditions, renewal of leases and have a decision made—all in the local office. conversions to freehold. The decision is made This eliminates the problems associated with in the local office and the client can raise lack of knowledge of the relevant concerns with the decision maker rather than departmental policy or a lack of first-hand being required to travel to head office for a hearing. Legislative Assembly 5441 9 November 1993

A number of regions have introduced and effectively, and so on. It should not say client self-service procedures for accredited “manage”. Where are the managers in the clients to conduct their own map and plan Lands Department? Where are the managers searches. Whilst there have been some in the Government? They are not on the land moderating influences on the demand for now, but some of the various Ministers over client services, there was considerable growth the years may have been. I am not in the creation of residential land parcels with suggesting that within the Lands Department attendant increases in demand for related title there are not people with practical knowledge. services. Title lodgments reached a record It is not for bureaucracies and high over the year and continue to grow. For Governments—it is certainly not for this 1992Ð93, transactions of ownership in the Government—to manage per se. It has no titling program range from 406 214 for business in management because it has no Brisbane to 31 132 in Rockhampton and knowledge of management of the land. That 60 627 for Townsville. These figures show the is a hard-won knowledge that only concentration of business in the original title experienced people have. I have said this for registries before regionalisation. The other many years and I believe in it. In my time in regional centres dealt with a volume of about Queensland, which goes back 35 years, I 10 000 transactions for Cairns to 154 for have always, except in recent times, lived on Beenleigh. There has been some restraint in leasehold or pastoral leasehold land. The the general demand for client services, such practices that have developed over the years are the generally tight economic conditions need some readjustment. They need and impacts of drought and poor market assessment and readjustment via an conditions for some rural industries. There has understanding and a recognition of the been a greater collaboration and coordination processes that are involved in trying to work between Government agencies at a regional the land from those who produce from it—that level. This has been both internal, for example is, the farmers, the graziers and the various cooperative efforts of staff training, and other people who work the land for whatever external, for example planning and service reason. Largely, we are talking in this delivery. departmental sense about the grazing lands. Mr STONEMAN (Burdekin) (8.20 p.m.): I Sheep and cattle take up the vast majority of rise in this Estimates debate tonight to the land in this State. That is the area that I express some concerns about the direction in am particularly interested in. which the administration of Lands and the I am aware of a number of other land philosophy of the Government is taking tenures—housing land, land related to Lands. Land is our major resource—leaving industrial uses, and so on. But those tenures aside our youth and our personal reflections. are generally not as emotive as, for example, The land is that from which all riches spring. land which holds starving stock, land that is Whilst I approve of the form of the Minister for overgrazed—land which we would be Lands, I am concerned about the mission concerned to see returned to a more natural statement. That gives rise to the concerns that state. That is where the true custodians of I wish to express tonight. The mission land management in this State come in. They statement reads— are the people who have their livelihoods at “To manage the State’s land fairly stake. Their wits are the only means by which and effectively and to provide highly they can sustain their own families, make a professional land services which help living and, hopefully, improve that standard. clients satisfy their needs.” That is way they sustain their families: by the In my view, as someone who has lived all of use of the land. They are the real custodians his life on the land and, before coming to this of the land, not the department. Chamber, was totally dependent on the land This whole report is based on a false for my livelihood and for the support of my premise. It is based on a premise rammed family, I have a fairly clear understanding of down the department’s neck by the what that is all about. I believe that the word philosophy of the Government. I acknowledge “manage” is totally and absolutely wrong. It is that the department has no real say at the not the business of the Government to end of the day. It has to do the will of its manage the land. That responsibility belongs master. That is the way it should be and that to the lessees. is what our democratic processes are all In my view—and I am dedicated to this about. view—this mission statement should be to In reflecting on these comments, I would administer the State’s land resources fairly not like the Minister or his officers to think that 9 November 1993 5442 Legislative Assembly

I am aiming at them. I am aiming at a very the wrong time. Who is to know what the poorly based philosophy of this Government market will be like tomorrow? In any case, if and one that goes back and could be applied there are not people out in the marketplace to components of our Governments over the buying consistently, there is no market and years. We have probably all been wrong. We therefore there is no value. Consequently, have a situation in which the pressure on the there will be no rateable value, and the land comes from the economy generally, the process goes on. seasons and the markets. Unfortunately, It is absolutely vital that there be a increasingly it comes from the taxes, the rates, process where there is an incentive to invest, the rents—the constraints placed on the land- and to invest in land that, at best in many holders by the Government. The constraint in instances, is quite marginal by world terms. the broader taxation structure means that We are in the driest continent on Earth. Much people do not have the incentive to subdivide of the land in Queensland that comes under and to better utilise their land resource. They the administration of this department—in fact, do not receive that taxation incentive. a large proportion of it—is marginal by any I am sure the member for Warrego, Mr standard on Earth. It is remarkable that the Hobbs, would be aware of the glee with which economy of this nation has been able to be the former Federal Treasurer and Minister for built on such a flimsy base. That speaks Primary Industries spoke in making a speech volumes for the graziers and the pastoralists about making the depreciation on windmills over the years. With all their warts and all of more realistic, and other items of use on the their mistakes, they have been able to eke out land. They would be depreciated over the a living to sustain the riches of the country. term of their full life—for 40, 50 or 60 years. The wretched Wolfe report—and I say That is no incentive for a person to make a “wretched” because it was not based on any very questionable economic investment on sound experience or understanding—came to land. They should have incentive to make bear at the worst time in the history of the better use of the land, so as not to put pastoral areas of this State. It was pressure on the land, creating dust bowls in unbelievably insensitive and inept in every the corner of big paddocks and marginalising way, shape and form. At the end of the day, it the use of the land in total. They are the has no relationship with the capacity of the things that place greater pressure on the land leaseholder. It has no capacity in real terms to resources, not the management practices of recognise the trials and tribulations of the the graziers. economy. It is based on a percentage of the I do not believe that all graziers are sales that happen to be applying at that time. perfect in their management—no-one is—but There is always a lag time. Unfortunately, the they are into survival. The land is a resource lag time—between the time when markets which they rent and lease from this and values decrease and when they increase Government, and have rented from the again—is increasingly being dictated by the Governments throughout the history of capacity of the grazier in particular to get up Queensland. It all comes back to the point enough steam for the next time that a that it is the capacity of that block of land to problem occurs. sustain the investment that that lessee has The agenda in this State is changing and the way in which he can support his dramatically. Without any doubt, this family, educate them, and so on. The real Government has no knowledge of the land. It constraints come via the imposition of is most unfortunate that not one Government Government control. To say that the mission member has any understanding of the land or statement, as this report says, is to manage has worked on the land. I suppose that is the State land is patently ridiculous. It cannot because people on the land know the reality be. of the traditional agenda of the Labor Party in The pressure of lease conditions relates this State. As a result, they are not prepared back to the manner in which the Government to throw in their lot with a philosophy that will at the State, the Federal and the local level impose constraints on them. That is why no overgrazes the clients. That is where the graziers are members of the Labor Party. If problem of land management commences. this Government had a rounded-out That is when the droughts commence early. I philosophy relating to land management, I am know that Governments cannot in total be sure that plenty of people from the pastoral responsible for all of those problems industry would be prepared to join the Labor associated with high interest and high market ranks. commodities—people buying at the wrong time. There will always be people buying at Legislative Assembly 5443 9 November 1993

This Government has no feeling for the have to do the bidding of its master. That is land, and it has no feeling for the battler. the way it will always be. Members opposite make constant reference This State’s productivity depends on the to the battler. I inform the Minister that this confidence of the land-holder—those people State and this nation were founded on the who hold 80 per cent of the land under lease little battlers who worked hard, who had high terms. It is a commitment and investment that aspirations and who went through trials and follows on for generations. Unless people are tribulations that most of us could not able to make that commitment, this State contemplate. Those people started with a few cannot prosper. I would like to refer to many acres. They then sold that land and were able topics—for instance, this Government’s to move on to larger plots. A great thing about ambivalence over Mabo and the inequities of the Queensland land structure is that it has the leases up and down the coast. However, I provided incentives for people to do a do not have time. I merely reiterate that the quantum leap and move into a larger Government should not be managing the operation from which they are better able to State’s land; it should be administering it. The sustain their families. department has no expertise and no role to Mr Bennett: What about all the manage this State’s land, but it does have a freeholding under the National Party? Tell us responsibility through the Minister, and that is about that. where it should stay. Mr STONEMAN: I will take that Time expired. interjection. The honourable member for Mr ROBERTSON (Sunnybank) Gladstone should not talk about subjects of (8.35 p.m.): It is a pleasure to rise to speak on which he knows nothing. The freeholding—— the Estimates for the Department of Lands. Mr Bennett: Tell us about the freeholding Prior to concentrating on the main topic of my under the National Party. speech, I want to make a few comments Mr STONEMAN: I intend to answer the regarding the contribution by the member for honourable member. The freeholding under Burdekin. I find it amazing that he constructed the National Party was a recognition of the a 15-minute speech around a misquote of the fact that the old 28-year lease was not good mission statement of the Department of enough. In the sixties, that 28-year lease was Lands. He quoted the first sentence of the extended to 30 years in certain circumstances. mission statement, and then tried to redefine Subsequently, it was recognised that, in order the department’s mission as being to manage to buy and improve, a leaseholder needed a land. Frankly, that is a load of nonsense. For longer period than 30 years. I believe that, in the benefit of the member for Burdekin, I will lease terms, a flat 50 years is about the right read into Hansard the complete mission time span, because a father/son cycle statement. It is— operates. A lease term of 50 years provides “To manage the State’s land fairly an incentive whereby a person is able to buy and effectively and to provide highly land, work it and say, “I will have something for professional land services which help my sons or daughters.” clients satisfy their needs. The National Party recognised that in The Department implements its many circumstances the continuing mission through the following land improvement of the land could not be business activities: sustained under the leasehold system that Land Use had served this State well for many generations and that it was necessary to Aboriginal and Torres Strait Islander provide a better term of tenure over the larger Land Interests areas of the State. Land Boundaries Mr Bennett: No patronage involved at all! Land Titles Mr STONEMAN: If the clownish member Land Valuation opposite would only understand that and Land Information.” listen to speeches such as mine—because I can talk about the sweat of the land on my Where is the reference to “land hands—he might gain a better understanding management”? Where is the management of this topic. I am not attacking the imposed from above about which the member department; I am attacking the philosophy of for Burdekin spoke for 15 minutes? Frankly, to this Government. The department will always construct a 15-minute speech around that and to not mention the budget once in his speech is a de facto endorsement by the member of 9 November 1993 5444 Legislative Assembly the direction of this Government with respect technology initiatives in the area of land to its handling of the Lands portfolio. information during the past decade, the I want to concentrate on the Land Queensland Land Information System Information Program. It is responsible for initiative has established a whole-of- providing integrated land information products Government perspective and put in place and services to meet the needs of clients and mechanisms to ensure cross-agency coordinate land information systems between cooperation and shared development. State Government departments. To ensure During the past year, the Department of that this responsibility is met, four strategies Lands has finalised coordination are pursued under the program. The first arrangements for the land administration and strategy is for the Department of Lands, as natural resource themes of the QLIS. The the lead agency, to coordinate the other three themes are not so well advanced, development of the Queensland Land but will be firmed up over the next 12 months. Information System, thereby improving It is not inconceivable that, in the very near community access to land information held by future, clients will be able to go to one outlet all departments. The second strategy is to and obtain land information which covers develop links between existing information multiple departments, rather than having to go systems within the department in order to to each individual Government department provide integrated land information products office. for clients. Thirdly, the program aims to The QLIS initiative is directed towards increase client satisfaction by providing cost- linking existing land information systems and efficient maps produced by the department. databases into a distributed land information Finally, as the lead agency, the program aims network. This means, for example, that a to advance Government-wide objectives and client can link natural resource information accept the primary role in the development of from the Department of Primary Industries with cartographic expertise and services. land administration data from the Department The vision for the future of the program is of Lands. This will enable information from a that the department is to be seen as the number of sources to be integrated to expert in land information management, with produce composite land information products the Queensland Land Information System to service the needs of clients. For example, delivering a quality product and service with maps can be produced for clients showing easy access by all. Importantly, the program land properties overlaid with agricultural recognises the role of community consultation conditions. The release of the Queensland through, firstly, the Land Information Land Information Directory also represents Consultative Committee. That committee one of major products of the Queensland consists of representatives from academia, Land Information System. local government, professional organisations Unlike paper-based inventories or reports, and the Queensland tourist industry, and it QLID is a computerised directory which provides input on departmental policy and enables users to filter their search based on direction related to land information. Secondly, one or many specified criteria. For example, community consultation is provided through the user may require only data after a certain local advisory groups. These regionally based date, or data from a particular supplier. local community groups are formed as required to provide input to the department on QLID also enables a user to search for specific issues related to land information—a the availability of data over the whole State, or responsible form of management, one would only over a specified geographic area, for think. example a town or local authority. This particular feature advances QLID well beyond The Land Information Program all previous inventories or published undertakes a variety of important and catalogues, saving users considerable run- essential activities. These include responsibility around time and effort. for ensuring that the departmental responsibilities related to the Queensland The Queensland Land Information Land Information Systems are achieved. Directory was launched in June and is now During 1992-93, the Queensland Land available for purchase. I am informed that Information System concept paper was QLID sales and feedback have, to date, been produced to give direction to and very favourable. The Queensland Land understanding of the initiative to make all Information System provides the necessary Government land information available, mechanisms for easy community-wide access accessible and useable. Contrary to the to land information held by the Government uncoordinated, individual agency information through service outlets located throughout the Legislative Assembly 5445 9 November 1993

State. The Land Information Program is also A major mapping requirement of the responsible for ensuring that the Basic Land Department of Lands is the production and Information Network is implemented within the maintenance of maps that show Department of Lands. administrative details of land. These maps are The Basic Land Information Network, or used by many varied clients for a range of BLIN as it is known, consists of a network of land transactions through the regional offices existing and proposed departmental of the department. Technology is being databases. In addition, BLIN will facilitate the integrated into the department's mapping removal of duplicated data and processes, process, producing many benefits to the which in turn will improve the accuracy and community. Computer production provides a currency of data. BLIN will also allow for the significantly improved service, in terms of automation of existing manual processes. faster production, and the delivery of a more cost-effective map tailored to meet the Initial user requirements for BLIN have particular needs of the department's clients. been defined in the form of broad level statements of functionality which input from all During the past year, 296 cadastral regions and other business areas. These maps, 12 topographic maps and 15 tourist statements will support the technical feasibility and recreation products were produced, study. An economic feasibility study is in revised or reprinted at a total cost of progress to balance potential benefits with approximately $1.690m. The maps showing indicative development costs. BLIN links administrative details were maintained at a databases within the Department of Lands, cost of $2.4m. while QLIS links databases across various The production of cadastral maps has departments. Therefore, BLIN is acting as a now been regionalised, and the conversion to prototype for QLIS, demonstrating the linking computer produced mapping for other of existing databases across a range of products is well advanced. Computer computers. produced image based topographic maps, a Work commenced on these prototypes new development over the past two years, is during the year, which will assist in the now being fully implemented, and will reduce development of specifications for the BLIN the cost of producing topographic mapping by environment. An integral component of the up to 75 per cent. This means what used to BLIN project is the validation of common be a $40,000 map has been reduced in cost pieces of information which will enable the to about $10,000 and the overall time to networking of databases. A project named produce the map has been reduced by 66 per BLINkey has established a mechanism to cent. Therefore, what used to take 12 weeks check the integrity of common pieces of to produce has been reduced now to four information in all databases. This activity has weeks. to be completed to facilitate the successful The first of the department's tourist and implementation of BLIN in 1994. recreational maps to be fully generated by The BLINkey project has developed the computer—that was the map of Fraser software and procedures for the cross- Island—has been completed. The techniques checking of information held in the employed during this process have resulted in department’s databases and is establishing a significant savings over traditional approaches. Master List of Lot on Plan which will apply to It is expected that future revisions of this map all Government databases. As a result of the will attract savings in the order of $10,000 in successful implementation of the BLIN reprographics and labour costs. concepts, clients will benefit from the During the past year, 177 customised regionalised delivery of more accurate and up- products were produced, including 27 maps to-date land information, an efficient service that were completed for the Brisbane City and more cost-effective generation of maps Council ward redistribution. These products and other products. were undertaken on a full cost recovery basis. The Department of Lands, as the Recently, the department released the mapping authority for Queensland, produces Atlas of Queensland, “Reef, Range and Red a wide range of products, including paper and Dust”. This atlas depicts the State in an digital maps, cadastral, tourist and recreational historical, geographical and human aspect. and topographic maps, aerial photography The atlas has been through a major update and satellite imagery. As a result, it provides a and revision by Government departments. base level of mapping covering the whole The atlas was launched by the Premier at the State. RNA Show in August this year. Fifteen thousand copies of the atlas were produced, 9 November 1993 5446 Legislative Assembly and a marketing strategy is being The basic land information network, with implemented targeting the corporate and expenditure of $0.284m, includes work educational sectors. At at 18 October this revolving around detailed planning necessary year, 660 copies of the atlas had already to implement the BLIN program, which I spoke been sold. about before, by December 1994. The Aerial photography and satellite imagery planning will involve the assessment of is an essential tool in monitoring the State’s technical solutions available, and funding growth and development. It provides an options and policy issues required by the integral component for mapping, especially department. BLINkey will also be further our new image based topographic maps. developed, with an injection of funds of some Aerial photography is used for a variety of $0.800m. applications, including environmental impact Mapping will also continue, with a studies, farm management and Landcare $4.326m budget this year to continue the programs, geological or mineral exploration, production of cadastral, topographic and and recreation. This program maintains a tourist recreation maps. This year, the Budget comprehensive aerial photography library, allocation for the Department of Lands and which is available as a product to clients at the these programs that I have spoken about department’s Land Service Centres. tonight comes to around $11.531m. The The program is also responsible for difference in expenditure between 1992-93 ensuring that the role designated by Cabinet and 1993-94 relates to the relocation of 31 to the department as Lead Agency in regional staff to the Land Boundaries Cartography is fulfilled. The existing stock of Program, reflecting priorities in work activities aerial photography is a valuable historical in regions. Having outlined the current record of the State. It is important that this activities of Land Information Program, it is photography be preserved, to enable the clear that it is a dynamic program. comparison of the current situation with the Time expired. past to be undertaken, assisting in modelling Mr BEANLAND (Indooroopilly) growth patterns, disaster patterns, etc. (8.50 p.m.): In rising to speak in this debate, I Lands has developed a 5-year program particularly wish to direct my remarks to three in consultation with other Government areas of major concern: firstly, the building departments and the State Archivist to units area; secondly, the Titles Office; and preserve the State's existing aerial film thirdly, valuations. Firstly, I shall say a few resource and a plan to preserve all future words about the Building Units and Group aerial films. The Land Information Program Titles Act. I have been particularly provides coordinated policy advice to disappointed about this, because all we have Government and technical advice and seen over the past three or four years under services are provided to other Government this Minister and this Government is a growing agencies where necessary. This will assist in conflict between unit owners, bodies achieving consistency in standards and corporate, the managers, the referee, and the practices across Government. department. We are talking about people’s A coordinating committee has been homes. In many cases, the only home they convened, with the initial membership drawn own is their unit. Some of them are in an from the Australian Institute of Cartographers, elderly stage of life and looking forward to a and those Government departments are able peaceful existence in retirement. Instead of to contribute to the objectives of the lead that, they are confronted with one major agency. Other cartographic entities from the problem after another. This problem can be private and academic sectors are also described only as a growing conflict. Often, encouraged to participate. the Government wants to opt out of its responsibilities in this regard and leave the The major activities planned in 1993-94 various matters to the courts to decide. I include building on the foundations laid down believe that this is not an option in practice over the past 12 months. This includes further and should not be an option which the development of the QLIS program by further Minister could consider as reasonable. expenditure of $1.006m. Activity will revolve Unfortunately, that seems to be the case. around finalising the Government’s position, policy and standards framework in which QLIS The Minister would have to recognise that will work. This will lead to the ability to link the Building Units and Group Titles Act needs databases during 1994-95, with the benefits a major overhaul. I know that the Act itself is and reality of QLIS being realised. not working. I know also that many people in the Government understand this. It is one of Legislative Assembly 5447 9 November 1993 the most public-oriented Acts. In other words, I have a list of these cases. The Minister it is an Act that is referred to by the public on a would appreciate that unit living is very much regular basis. In parts, it is a difficult and in vogue in my electorate. I receive a large complicated Act to understand. Under this Act, number of complaints not only from within my the role of the referee has broken down. It is electorate but from right across the State. not functioning as I believed that it People say, “The member for Indooroopilly would—and certainly did function in its early has a lot of these problems in his electorate. stages. I want to make it clear that the fault is We will have a chat to him about it.” Or they not with the referee. It is the fault of the write to me about it or believe that somehow legislation under which the referee has to this comes within my responsibility as the perform his duties. Perhaps we should have Opposition spokesman on Justice and one piece of legislation for larger groups of Attorney-General matters. Of course, units or larger bodies corporate and another members know that that is not the case. piece of legislation for smaller blocks of units. Perhaps we should consider returning some of In the past, I have spoken about this matter these things to the Justice Department, where and said that, because of the complexities they were in the good old days, when I am involved with larger blocks of units and bodies sure things worked better than they do under corporate, one might need to break up the the Lands Department. legislation. No matter how this is handled, one Many large blocks of home units are thing is for sure—the current system is getting old. As time goes on, the problems breaking down, and the situation is getting with them become more frequent. One of the worse day by day. problems, particularly with larger groups of The demand for living in units has never units, is that there are often absentee body been higher. Unfortunately, many people do corporate members. In some cases, the not know what they are letting themselves in majority of the body corporate comprises for—whether they are retired people, students absentee unit owners. On top of that, the who are renting, or even those with families. majority of units are rented. In other words, Owing to their choice of lifestyle, many people the majority of owners are also absentee. prefer unit living instead of a detached house. They are not prepared to undertake the This growth in unit living has placed on the necessary maintenance on those unit blocks. legislation added pressures with which it was This is a growing issue that has been taken up not designed to cope. Yet under this with the Minister’s department and the Government all we have seen are committees referee. I can understand how this problem that have been set up to advise the Minister gets more difficult for all concerned, because and to prepare various proposals and the legislation is not designed to cope with amendments that should be made to the those situations. legislation. But that simply has not occurred. Time after time I hear about problems In fact, I still have a copy of that famous—for with a retaining wall that is starting to fall good or bad—piece of draft legislation known down, or rainwater that is developing into as the Administration Bill, which the Minister pools of water in driveways, car parking areas pulled out of the hat some time ago but, I and even in some garages—as occurred in understand, failed to get through the Cabinet. one particular case that I have before me. We have heard nothing about that for well That accumulated water creates a lake. In this over 12 months. I do not know whether there particular case the owner lived there, but the was good or bad in that Bill. But certainly, I majority of body corporate members did not, presume that the Minister was trying to solve because the units were tenanted. That unit some of the current problems. As I said, block is perhaps 20 years old, and problems nothing further has been heard about that, are developing. Many absentee owners are and the whole situation has been left in not prepared to undertake the necessary abeyance. In other words, unit owners and maintenance on those buildings. Even though those involved in the industry have been left some work is done and engineering to drift along. So often with this Goss Labor certificates are obtained, claims have been Government, when difficult matters arise—as made that they are not properly acquired. All the Minister would appreciate—things are left types of allegations are made. Retaining walls to drift along. Regardless of whether a that become unsafe are monitored for person’s life savings might have been movement. As I said, some work is done but invested in a unit or that person depends other work is not carried out, and the real upon the industry for employment, the issue is not resolved. This situation is allowed situation has been allowed to drift along. to drift on and on. I am finding this occurring more and more. Many unit blocks in my 9 November 1993 5448 Legislative Assembly electorate are getting on in years, and for that clearly within what has become a very reason similar problems are occurring complicated piece of legislation. regularly. The maintenance work that needs to It is certainly not beyond the wit of the be undertaken is not done. Minister or the Government to produce loads Members would have heard about the of legislation. They claim as a great credit that famous case—and I say “famous” because I last year they produced the more legislation know that Mr Wright has written to the than any other Parliament in this nation. They Minister, to me and to a range of other people claim credit for that in the Budget documents. on many occasions. I think he has even taken Let us get down to this particular piece of up this issue with the Criminal Justice legislation, because it affects people in more Commission. I refer to Mr Dennis Wright of ways than does most other legislation. The Sunshine Beach, who has been very vigorous uncertainty that surrounds it has resulted in in his complaints. He believes that he has these court cases because the position of the failed to obtain justice. In good faith, he people involved is not clear. This leads me to became the manager of a small block of units discuss the battle of proxies and the way in on the Sunshine Coast. He put his life savings which proxies are used by one side against into it. Now he feels that he has been badly another side. This is done in the battles to wronged. Certainly, he has not received acquire management rights, to see whether justice. He has lost his life savings. the management remains within the Mr Hobbs: They’ve left him high and dry. operations, or whether the body corporate receives sufficient votes at the annual meeting Mr BEANLAND: The Minister has more to sack the management. These are real than left him high and dry. Mr Wright spent events. These are everyday events in which something like $120,000 trying to get justice. people’s livelihoods are involved. In many He lost another $800,000. Yet he cannot cases, elderly people have gone to live in a even get a reasonable hearing from the unit in their retirement only to find that they Minister or his department. are in the middle of what is an almighty brawl. Mr Gilmore: The Minister has quite It can be described in no other way. The deliberately walked away from Dennis Wright. Minister and the Government have clearly He has turned his back on natural justice. walked away from the problem. Mr BEANLAND: He has certainly done all I referred earlier to the Titles Office and that, because it is too hard. The Government argued for a return to the good old days. is not interested in natural justice. The Minister There is no point in the Government trying to will claim that this is outside the legislation and pretend that there are not enormous delays that Mr Wright can take some action in a court occurring within the Brisbane Titles Office. Not of law. He has taken some action and failed. only are delays occurring but also errors are The point is that we are talking about an starting to crop up within the Titles Office. It is industry in which we are dealing with people’s interesting to note that this is not the case homes, livelihoods and lifestyles. In the case right around the State. However, in Brisbane it of Mr Wright, in good faith he went in there is particularly bad—delays of two and three and was badly misled and let down, months are the norm. It seems that every time particularly by the Minister and this Parliament sits, I get telephone calls from Government. That happened during the term constituents and other people complaining of this Government. It is no use blaming and wanting something done in relation to somebody else. their deeds that have been left lying around We have had a string of these cases on the Titles Office for two, three and sometimes the Gold Coast, where the situation is, of over 12 months. In fact, recently a solicitor told course, dramatically worse. Weekly, we hear me that the Titles Office wanted him to give of more cases. There have been a number of them a certificate because they stapled a will. court cases—I understand there are some Some of the new staff recently appointed are more cases currently in court—involving not aware of the fact that attachments cannot bodies corporate and the unit owners and be stapled to wills. Someone in the Titles managements. Quite often on the Gold Office put a staple in a will. It was not Coast, the case exists where the bodies someone from the solicitor’s office who did it. corporate are taking on the unit managers It happened in the Titles Office, and the staff over management rights. That is creating its admitted it. They wanted the solicitor to give own particular problems. It is not good enough them a certificate stating that there were no for the Minister to say that these people have attachments to the will. I am sure that recourse to the law. I believe that in each case honourable members are aware that the Titles these matters ought to be spelt out far more Legislative Assembly 5449 9 November 1993

Office considers that a no-no, as it should. Land Act as amended in 1944. The purpose One cannot put staples into wills. of this Act was to make better provisions for Mr Hobbs: They are 33 000 documents determining the value of land for rating and behind. taxing purposes. The initial Act stipulated that all land in Queensland should be valued on a Mr BEANLAND: I do not doubt that they five to eight-year cycle. However, the are 33 000 documents behind. That is a Government of the day, in its wisdom, decided shameful record for the Minister. Many of my in 1985 that valuations made on an annual constituents are having to put up with this day basis would produce a more even increase in in and day out. It is simply not good enough. valuation rates and charges and get away It does not matter whether we consider from the large increases that occurred when a subdivisions or transactions right across-the- revaluation was made after a long period, board, there are continual problems in relation especially in coastal areas where prices to the Titles Office. This was an area that not increased thousands of per cent in a matter of so long ago functioned efficiently and a few years. effectively. It was not too many weeks ago, after hounding the office for some time, that I In 1990, the present Government received a deed. I do not blame the staff for commissioned the Wolfe report, which made this—morale is very low there because of the recommendations encompassing a wide way in which the Minister has changed the range of complex land management issues, office. The staff who have been trained there including valuations of land. Due to this report, have left and the new staff who have been the Valuation of Land Act was amended to moved in have been given no training. In fact, provide, with a few exceptions, that the that is why many of the problems are valuations which had previously been used for occurring. Even when we got this deed from the basis of rating and taxing should be also the Titles Office it contained a gross error and used as a basis for Crown land rentals as from the whole thing had to go back for another 30 June 1993. round. Thank goodness I managed to contact In 1992-93, the unimproved capital one of the senior officers, who processed the valuations in the State amounted to deed smartly. The process had already taken approximately $72 billion. This valuation was several months by that stage. Just when we used as the basis to generate $1 billion in thought that at long last we had the deed, a revenue to State and local governments. major error occurred, and round it went again. Another valuable function performed by the That is not abnormal; I have heard of it valuation program is to provide advice for the happening on many occasions. State Government, local authorities and other In conclusion, I refer to annual valuations. statutory bodies on matters associated with I could not speak to these Estimates without asset management or the acquisition, mentioning annual valuations. I appeal to the purchase, sale or rental of land. Minister to get to the stage at which people The director-general is charged with are advised individually of changes in their ensuring that valuations are made in an valuations. I accept that that could be too independent, impartial manner, without fear or costly. The Minister should change annual favour, affection or ill will. The whole intent of valuations to three-yearly valuations or some the Act is that the director-general carries out other timetable under which people can be his responsibilities without the interference of advised of changes. The Government has a any person or body. This is a far cry from what duty and a responsibility, as all Governments was the go under the previous Government, do, to advise people of changes in their when it depended on one’s political alignment valuations. It is simply not good enough to say and who one knew in the Government as to that they can look in the daily newspaper. the value one got. Time expired. I know a chap in Maryborough, a pretty Mr DOLLIN (Maryborough) (9.08 p.m.): It good friend of Joh’s, who, on the eve of the is with pleasure that I rise to address the National Party defeat in 1989, got almost half Estimates of the Department of Lands. The an island for a little more than a song. There Lands Department has the responsibility to were plenty of others who got similar bargains produce both statutory and client valuations in at around the same time. Honourable an even-handed manner that reflects to all members would not have to go too far from citizens of our State an honest value of their this room to find some of them. Today, we land. have a Government that plays it straight down the line. A major function of the Land Valuation Program is to administer the Valuation of 9 November 1993 5450 Legislative Assembly

This year, we will see the production of An amount of $27.129m will be spent the annual valuations for 131 local authorities. during 1993-94 on the provision of valuations. All valuations will have a date of valuation as This year, valuations will be provided to at 30 June 1993 and will be effective from 30 Government trading enterprises as part of the June 1994. These valuations are arrived at by national performance monitoring process referring to sales of properties that occur up to where the performances of enterprise will be the date of valuation by taking the average judged against the value of the assets they between the highest and lowest purchase control. prices paid up to the date it becomes The development of the integrated effective. This method provides a value that is valuation and sales system will be ongoing more closely representative of the market and will replace the existing database, which is price at that time. over 25 years old and has been identified as Valuations will be available to the public having many shortcomings due, to some at regional offices. In my electorate, that will extent, to the changes in Government policies be at the Wide Bay/Burnett regional office in and reviews. The existing database cannot Kent Street, Maryborough. Advice of the new hold the valuation data required to be used as valuations will commence with 131 local a basis for the determination of Crown land authority valuations being placed on display rentals as required by the Wolfe report, nor from 15 November 1993. There will be no can it handle the increased workload resulting charge associated with the display of the from the move to annual valuations since valuations. The displays will occur from 1985 and the demand from clients for a January to March. Brisbane City will be quicker and more sophisticated service in available from 14 February 1994. valuation and sales. There is also a need to Approximately 1.1 million valuations will be integrate the valuation and sales information, released during this time covering 131 local which is available with other information held authorities, including the new Cooloola Shire, within the department to satisfy the ever- which is a combination of the of the former increasing demand from the community for Gympie City and Widgee Shire Councils. meaningful information. Valuations play a very important role in I refer now to the Integrated Valuation our community as they have much to do with and Sales System—IVAS. In 1993-94, taxes and charges that are levied, for approximately $8.5m is to be spent on the example, the assessment of general rates by purchase of the hardware and software for the local authorities, the assessment of land tax programming of the new system for data by the Office of State Revenue, as well as the collection, training and staff and the assessment of Crown land rental by the implementation of the system in all 23 Department of Lands and the Department of regional offices of the Department of Lands. A Business, Industry and Regional further $600,000 will be expended on the Development. These valuations will also be salaries of department staff attached to that utilised by Government departments and development as user representatives. This instrumentalities as well as local authorities for system will be progressively introduced the sale and purchase of land or between April and October 1994 and will be improvements. ready for use to produce the 1995 annual A discussion paper on the proposed new valuations. This new system will reduce Valuation of Land Act was released on 9 significantly the present 15-month timelag March this year and asked for public input. from the time the valuation is made to the About 100 replies have been received from a date it becomes effective for the purpose of cross-section of the community, including revenue costing. This will allow more up-to- primary industry bodies and representatives date and equitable valuation. At present, this from local government as well as local interest time is being reduced from 15 months to 12 groups and Government departments. Where months. With the introduction of IVAS, this necessary, face-to-face discussions were held period will be reduced further to six months. with those people to ensure that all aspects of This system will provide greatly increased their submissions were clarified. All comments property information and it will be more flexible have been considered, and work is continuing in retrieving information from other on the preparation of the Bill. Authority to Government departments through direct prepare the Bill will be sought about the linkage to their databases. In turn, it will middle of next year, and will be used as a provide asset valuations to other Government basis for the annual valuations in January departments that require this information 1995. These valuations will be effective from through the same linkage from database to 30 June 1995. database. This is all part of the asset Legislative Assembly 5451 9 November 1993 management policy. The system will also Mr SLACK (Burnett) (9.16 p.m.): I assume the responsibility for the listened with some interest to the contribution redevelopment of the computer system for the made by the member for Sunnybank. I must Office of State Revenue in connection with the agree that the Land Information Program is collection of land tax. So it will catch up with very worth while, and I support the program as people; they will not be able to dodge it as it is outlined in the annual report produced by easily. the Minister and his department. However, it is The expenditure for 1992-93 for the interesting to note that, within the Budget valuation program of the Department of Lands papers, there is a cut of 19.8 per cent in the amounted to $27.544m. This expenditure was funding for that program. Although I used for the preparation of 1.1 million compliment the member for Sunnybank on his statutory valuations and approximately 700 support for that program, I am sure that he client valuations. In addition, expenditure on should not be supporting a Government that the IVAS system in 1992-93 amounted to downgrades the funding of that program to $1.427m. This world-class development is the extent of 19.8 per cent. Being the considered to be the largest Ingress Unix Opposition spokesperson for Environment and Computer Development in the world. It has Heritage, I can appreciate how valuable that been staffed by 40 contracted programmers program is in respect to mapping, land and associated management staff. This year, planning and such matters relating to the rapid progress has been made to ensure that management of properties and the protection the system that is to be introduced of those properties against degradation. progressively from April next year provides It is interesting to note that not only has clients with the best possible valuation and there been a 19.8 per cent downgrading of sales information available. that program this year by $2.859m from Approximately $12m has been allocated $14.38m to $11.531m, but also the budget for the technical development of the Estimate was $15.722m and the actual Integrated Valuation and Sales System— amount spent was $14.380m, which is a drop IVAS. This system is intended to be fully of 8.5 per cent. So if one adds last year’s implemented throughout Queensland by late depreciation of 8.5 per cent to this year’s 1995 and, as I said earlier, will be used in depreciation of 19.8 per cent, one can see producing the 1995 annual valuations. Built what the Government thinks of that program. into the system is a mechanism for producing So I am surprised that the member for annual valuations for Government owned Sunnybank was so supportive of his enterprises—GOEs—and Government trading Government in respect of that program. enterprises—GTEs. Incidentally, the budget figures also The land valuation programs outlook for indicate a dwindling of the amount allocated 1993-94 is: valuations to be provided for all to the Land Use Program, which relates to the local authorities as a basis for revenue environment. Last year, it was down 27.6 per gathering purposes; the Valuation of Land Act cent; this year, down 11.4 per cent. That in to be rewritten; the provision of valuations for itself tells the story about the rhetoric that the asset purposes for Government trading Government uses in its commitment to the enterprises, Government owned enterprises, environment and what it does in practice. Government departments, and the disposal of Those figures speak for themselves. surplus Government land under the It is not that long ago that I visited the Government land management system; the Sunmap centre that produces the cadastral completion of the technical development of maps and the aerial photographs. I walked the integrated valuation system; the into that building and I could feel the electricity completion of the documentation of the land in the atmosphere. It was unreal. Morale was valuation procedure document; the continued at an extremely low ebb because so many professional development of valuers within officers were to leave that building the next and across Government as part of the lead day because this Government had seen fit to agency in valuations; the provision of advice relieve them of their positions. to the valuation profession through closer links Mr Hobbs: Scandalous. with the Australian Institute of Valuers and Land Economists; and the provision of an Mr SLACK: The honourable member for independent valuation service to other Warrego says that that is scandalous when Government agencies. I have much pleasure the Government claims to be committed to in supporting the Lands Estimates for 1993- the environment and programs that will 94. enhance the environment. For argument’s sake, some of the responsibilities of the Land 9 November 1993 5452 Legislative Assembly

Information Program are the Cape York week for 1.6 acres at Nudgee for a horse; and Peninsula land use study, vegetation mapping you’re growling! with satellite data, cadastral mapping, aerial Mr SLACK: I rang the Lands Department photography, remote sensing and, as the and asked, “What is going on here? This is member for Sunnybank said correctly, the ridiculous.” It said, “We have to value that land atlas of Queensland. In a nutshell, that is what for its highest and best use. Then we apply a this Government thinks about planning for the renting procedure of 3 per cent, or whatever.” environment in the area of the Minister’s responsibility. Mr Vaughan: You’re unreal. Get with the real world! Much has been made of the desperate position that many land-holders face with Mr SLACK: I am living in the real world. respect to drought, low commodity prices and The honourable member is the one who is not increasing land rents. In my electorate in living in the real world. Why produce recent times, I have had quite a few people cane—something that contributes to the come to me with instances of dramatically economy—when there are rent increases of increasing rents. I may have made that nature? It is not saleable. He cannot go representations on some of them. I forget out and sell it. It is leasehold land; it is not now; it was a while ago. There seems to be freehold land. some area of dispute between the Minister Mrs Bird: Nobody would buy it. It is too and the Cattlemen’s Union, for argument’s small. sake, in respect of this aspect of rents. Mr SLACK: He has had it for years. He Mr Smith: Not the Cattlemen’s cannot go out and sell it. So he is stuck with Union—one person! that land on the corner for which he is Mr SLACK: I would assume that the expected to pay rent of $430. I use the President of the Cattlemen’s Union, Kerry example of Crown land rental—GHPL; 1 300 Martin, speaks for the Cattlemen’s Union. He acres. The Minister said that it is revenue speaks in figures of an increase in revenue neutral. It went up from $120 to $1,980—an from rents of 75 per cent, which the Minister increase of 1 650 per cent. The gentleman disputes. Whether the Minister disputes it or has appealed; I think he would appeal. The not, there are obviously major rent increases member for Bundaberg, Clement Campbell, in many areas that concern the land-holders should be aware of the example of the involved. I will give the Minister a few Bundaberg Bowls Club. Its rent increased by instances. A canefarmer came to me not so $400 a year. It is now $2,000 per financial long ago. I took him and the TV cameras out year. The club has had the lease since 1905. with me. For half an acre of the land on which What will happen? This Government will force he grows cane—and it is part of his cane the club to sell it. That is what it amounts to. property; it is on a corner of a sealed road—he The club will be forced to sell it. was paying $100. His latest rent assessment It is no wonder that land-holders out there was $430. I rang the canegrowers association are very apprehensive about this and I ascertained what he would make from Government’s policy. There is much that block of land. The expected return on a uncertainty about their future tenure as far as five-year average gross return, as supplied to leasehold tenure is concerned; what rents me by the canegrowers association in they are likely to be paying; how secure that Bundaberg, was $440.40 per year—that is leasehold land will be when renewing leases; gross return—with a net return of $168.62 to what sort of terms would be involved if the the farmer. Yet, this Government has put his club wants to freehold it, if it can freehold it; rent up for that block of land to $430. and what the situation will be in respect of Mr Vaughan: What is the area of the freehold land as far as requirements as to land? what the club may do with that freehold land, such as the clearing of it. Certainly, as far as Mr SLACK: I take the interjection from leasehold land is concerned at the moment, the member. that apprehension is reflected in the fact that Mr Vaughan: My daughter pays $6 a we see now many land-holders, if they can week for 1.6 acres down at Nudgee for just a afford it, out there clearing tracts of land to horse. What are you growling about? beat the Government’s restrictions that may Mr SLACK: I take the member’s be enforced in respect of clearing land. interjection. This man is growing cane on it. To date, the officers of the Department of Mr Vaughan: Absolutely crazy—$6 a Lands in various areas throughout the State have been very good in their understanding of Legislative Assembly 5453 9 November 1993 some of the problems. I will not stand up here understand him correctly, he was indicating a and knock individuals in the Lands commitment that he may waive that $6.50 per Department, but I will say that morale is very page for the transcripts of the hearings. As the low. That has been reflected in conversations Minister would appreciate, that runs into a lot with individual officers from the Lands of money for representatives from the little Department itself. shires such as the Cook Shire. Those people The honourable member for have been to see me as, no doubt, they have Maryborough, Mr Dollin, spoke of land been to see the Minister. They indicated to valuations and made some accusations about me that the cost to that particular shire, as far the former Government as far as who people as their representation is concerned in knew and what political party they belonged attending and being part of the land tribunal to. That accusation against the officers procedure, will be in excess of $50,000 this involved who may have determined that year. While these initiatives of the valuation was very vile and uncalled for. They Government may sound good, at the end of had a set procedure. The valuation officers the day there is a cost to other people who did come out and value a property. They issue not previously have to meet those costs. In valuation notices. Those notices were the the cases of small shires, eventually the subject of an appeal and all of those sorts of ratepayers have to pick up the costs involved. things. I chaired one of the objection This should not be the intention of the committees. About 300 people jumped up Minister. I was pleased to hear him say that and down about it. There was a set he will be looking at that and meeting the procedure. There is no provision for political requirements. I would ask the Minister to interference. If those members opposite are comment on that situation in his reply. going to suggest there was political There is no doubt that considerable interference, they are also making allegations unhappiness exists in the Lands Department. about the integrity of the officers involved. I Reductions in staff have occurred. The would not believe that would be their intention, remaining staff have been told that they have but that is what it amounts to. to produce more and perform better with fewer There is no doubt that, in relation to land resources. They are finding that task virtually valuations, there is a feeling within the impossible. There is no doubt that, throughout community, particularly with the land-holders in the regions of the State, huge delays are rural areas, that the Government may look at being encountered by people seeking to have changing to an unimproved site valuation for land-related matters attended to. rural land-holders. I would like an assurance Mr NUNN (Hervey Bay) (9.30 p.m.): It has from the Minister that that would never be the been a hard day, and having to listen to the intention of this Government. It would be selective amnesia being pushed upon us by grossly unfair to even consider it. While it may the previous speaker made it even harder. have some application in the urban situation, An Opposition member interjected. there is no way in the world it would have application in the rural situation. I am pleased Mr NUNN: I will tell the honourable to see the Minister nodding in agreement. If it member about the immorality of the were to be applied, he would appreciate that administration of Lands under the previous for those people in the future who may wish to Government. There has been a lot of talk in freehold some land, the clearing undertaken this Parliament about ministerial rezonings a la would be added to the unimproved value. If Russ Hinze. However, a greater wrong was that were the case, the Government would be perpetrated on the people of Queensland. If taking money from them that it was not honourable members give me a couple of entitled to, because in the first instance it had hours, I will talk about it. I refer to the practice leased that land in an unimproved state. of ministerial valuations of freehold Crown land in Queensland. I could talk for a long time I would like to refer to a statement that about practices such as that if members the Minister made—and to compliment him on opposite want me to. that statement—in respect to the land tribunals. He referred to the cost incurred by Mr Hobbs: I bet the block of land you live little shires in providing input into the setting on is freeholded. up the Aboriginal or Islander land tribunals. I Mr NUNN: I bet it is, too, and I bet that I refer to the case of the Cook Shire. I get some paid full dump for it, which is quite different solace—and I am sure that the Cook Shire from the yarn that the honourable member’s people will get some solace from this fellow graziers told us about the fact—that the Minister is looking at the advantageous terms that he obtained when transcript charge of $6.50 per page. If I 9 November 1993 5454 Legislative Assembly he freeholded his block. I paid full dump; the 2 154 737 requests for register searches, member did not. which represented an increase of 13.3 per The Land Titles Program, as part of the cent. The revenue raised from those activities Department of Lands, has always been a was $67,125,000. contentious area, providing as it does for high Mr Hobbs: How much more than last volumes of title registration and information year? services to a wide range of clients throughout Mr NUNN: It was significantly more. Our the State. performance standard in 1992-93 was up and Mr Hobbs: You’re an absolute disgrace. down. There were no successful court actions Mr NUNN: I know, and I am a beautiful attributable to errors or mistakes by the disgrace. Because the community relies on a department. However, service times have not speedy response in the registration of land aligned with past standards resulting from titles, the sector is endeavouring to meet the increased demand and limitations imposed by demand. Since 1991, the registers of a paper-based register environment. Backlogs freehold, Crown leasehold, foreign ownership, of work in progress have remained high in the housing authority leasehold and Crown Brisbane registry, while those in Rockhampton reserves have been integrated. The and Townsville have fluctuated between automated titling system—ATS—is designed acceptable and high. Average daily dealing to streamline and modernise the production of registrations and supply of information land conveyancing and title information in services have averaged at previous boom Queensland. time maximum levels. The department has been exceedingly busy. Mr Hobbs: Who wrote this speech? The Estimates and projections for 1993- Mr NUNN: I will tell the member who did 94 are interesting and, in some ways, are very not write it: the fellows who told us the yarn exciting. Dealing lodgements and requests for about his freeholding. Those fellows did not register information are expected to increase write it and the member did not write it, but I by at least 10 per cent. The revenue from that did. Both clients and staff should gain greater is estimated at $74,734,000, which is up from satisfaction from this innovation, and service $67,125,700 in the previous year. We will and productivity should be improved. revert to standards more in keeping with past There are many challenges to be faced performance for paper-based register services, over the coming years, not the least of which and that should help to start to clear the is automation of the register and the backlog. That will be a progressive process. substantial capture of data within the register We should reduce the backlogs of work in by December 1995, at the same time being progress in all areas. Average dealing able to service clients with an acceptable registrations and supply of information standard of service during a period of services will be considerably above current considerable growth and demand. The levels. I think it is fair to say that, in the Government and the department are regions, staff are coping pretty well with the addressing those challenges by fine-tuning increased demand for their services. However, the process and redistributing resources so it is also fair to say that, in Brisbane, staff that we can reduce existing backlogs to members are feeling some pain, but that pain supplement system design, as well as the will go away next April or May when the development and capture of information by automated titling system is introduced. the use of expert knowledge. We will also We live in an age in which the use of accommodate operational changes necessary technology is important, and land in a computerised environment. Both clients management must embrace technology if it is and staff will need to be educated so that to keep pace. A contract between the Minister efficient land conveyancing operations can be for Lands and Technology-One Pty Ltd for achieved. design and development of software for an Mr Hobbs: Do you know that they are automated titles system was signed on 7 33 000 documents behind? August 1992. That was a contract for $1.7m. Mr NUNN: I certainly do, and I will As well, software development is progressing address that issue in a moment. The following to schedule and within budget. Tenders for figures will give some idea of the demands supply and installation of hardware have been placed on the department and its officers. In evaluated, and a contract is imminent, with 1992-93, there was a 10.7 per cent increase hardware to be installed in December this in the number of dealing lodgements, which year. Tenders for data capture were called in increased to 555 468, while there were October/November 1993, and the capture of Legislative Assembly 5455 9 November 1993 data from paper titles is to commence in the clients when requirements are fulfilled. This is first quarter of 1994. The register will be all part of a step-by-step plan to make the substantially captured on computer by the end dealings and the processing of dealings and, of 1995. The ATS will be operational in April therefore, the registering of title a much 1994. Any essential modifications identified for quicker process. operational efficiency are to be remedied by All honourable members have heard of the end of June 1994, with progressive the common form. This common lodgement implementation across all regions during the form, which is Form 100, was amended in rest of 1994. ATS will enable clients to access January 1993 in keeping with issues identified captured information electronically, that is, by during a review by major clients, users of computer. It will also eliminate duplication of information and departmental representatives. recording and endorsement processes Photocopies of Form 100, which replaces six necessary in paper-based operation and will forms previously utilised by three Government allow immediate access to and updating of departments and most local authorities, are the register by staff as titles are captured. currently being distributed by Lands to There will be a thorough investigation and relevant departments and councils. Form 100 analysis of processes to identify alternatives data will be capable of electronic transfer to that do not diminish integrity or that will no compatible systems after ATS is implemented. longer exist with ATS. These changes are to Phase 2, which is due for be initiated prior to ATS. The elimination of implementation in early 1994, provides for an identified non-essential activities that will extensive review of all forms used for permit staff retraining and reallocation to other transactions with land of every tenure and is client services include: self-service searching nearing completion. The result will be single and photocopying of some records by forms incorporating all those forms with similar assessed and accredited clients, which will purposes for any tenure and rationalisation of give faster access to register information; the the information required to be supplied by elimination of some photocopying services, clients. The new forms are to be introduced which will provide an improved service that is with or prior to ATS in April 1994. At this stage, cheaper for clients; and the discontinuance of the whole process will start to speed up. That some data entry, which will free up some staff is the intention of the officers of the resources. These initiatives mean that there Department of Lands. will be less double handling, and the mundane work of the officers will be Phase 3 is where things start to get eliminated. exciting. It is futuristic and will explore the feasibility/acceptability of electronic data In the area of operations in the Brisbane transfer in register operations, document region, short-term remedial action will include imaging, optical character recognition and the the targeted use of overtime, the examination possibilities for national uniformity of and registration services being provided by requirements. regionally based and managed teams, and additional staff resources being provided from I think it is worth noting here, too, that other areas of the department. administrative advices—that is, those notices that have to be attached to the register and In the central and northern regions, short- are the bane of many people who have had term remedial actions include limited use of to do searches—are worth mentioning here. overtime, examination and registration by The existence of administrative advices is teams processing dealings based on degree revealed at every title search. It is a very of complexity and the reallocation of staff from important part of the title program, and I am within the region. Until ATS is implemented, pleased to say that that will be enhanced registries at Brisbane, Rockhampton and when ATS comes on line. Townsville will remain repositories for the register. They will perform registration All in all, what will happen is that we will functions and they will supply register go from what we have now, where in the information. regions it takes a full week to register a title, to, when ATS is first implemented, it being Other regions and districts provide able to be done on the spot in those places agency services. Their functions are that have the facilities. It will mean that a clerk necessarily restricted to the acceptance of from Hervey Bay will be able to go up to service requests from local clients, the pre- Maryborough at 10 o’clock in the morning with lodgement and examination and receipt of a bundle of dealings and will be back by dealings, transmission to a registry for further lunchtime with them completed. He will have processing and the delivery of products to in his hand a piece of paper for each dealing 9 November 1993 5456 Legislative Assembly that will signify that the title has been Minister’s department. They are registered. After that, of course, when we look understaffed— enormously understaffed. A at the total implementation of Phase 3, the few moments ago my colleague from Warrego intention is that solicitors and the like will not mentioned that the Minister’s department is have to leave their offices. If they have a 33 000 documents behind in its dealings. I compatible computer and they will be able to would not be surprised if they are 33 000 register titles. All they will have to do is bring it documents behind in the Cairns office alone. up on the computer and the deal can be done When the Minister’s Government decided there and then. to go to regionalisation of the Lands In western Queensland, of course, where Department, I am quite sure that they were the facilities are not available and the dealings innocent of what it was that they were doing. I are not done in great numbers, these facilities suppose we should say, “Father, forgive them, will not be available, but the process will still be for they knew not what they did.” They simply quicker. arrived with a semi-trailer full of documents out Mr GILMORE (Tablelands) (9.45 p.m): It of the Brisbane office, dumped them on the is with some pleasure that I rise to speak to footpath and said, “Go to it, ladies and these Lands Estimates following that pathetic gentlemen. There is no extra staff, but you are little kindergarten recitation of departmental going to fix it.” That has merely created dogma by the member for Hervey Bay. I take enormous aggravation for the people of my the opportunity to pay some compliments to electorate and the other electorates in far- the staff of the Minister’s department in the north Queensland who have to deal on a two areas with which I deal, both the Cairns regular basis with the Lands Department. It office and the Atherton office. We have in the does not matter whether it is land dealings for Cairns Office Mr Ian Anderson, who is the a pump site or for a bore site on a road or local Commissioner for Lands. He has never whether it is for the issue of a land title. When failed to be courteous and efficient in his requiring assistance for any of these issues, dealings with my office, whether I make the the initial indication one gets from the Lands phone call or my secretary makes the phone Department is, “It will take two years.” That is call. Similarly, I must commend Mr Kevin the first thing they say—two years. If one says, Allen, who is the second-in-charge, and the “For goodness sake, can we not massage this whole staff. They are all courteous and just a little harder?” they say, “If we do, helpful. In respect of the Atherton office, somebody else is going to take two years and Adele Smout and her staff are similarly very a month because we are going to have to courteous indeed and helpful wherever it is take his file off the top of the pile.” possible. It is absolutely unacceptable in this day I am pleased to be able to inscribe that in and age that a Government that pretends to the record of the Parliament. There is very little be providing a first-quality service to the else that I can say that is complimentary of people of Queensland is 33 000 documents the Minister’s department, and that is an awful behind—two years behind—in its dealings. shame, other than to say that the staff in far- I deal regularly with the Lands north Queensland have somehow maintained Department. I am sorry to have to tell the morale in almost impossible circumstances. Minister these things, but he is in charge of a The member for Burnett said earlier that disaster. The Minister is a nice chap, I have to morale in the department was non-existent give him that, but nice chaps do not survive and I was constrained to say that I thought too well when there are disasters about the morale was a word that was not in the lexicon place. of the Department of Lands. However, on There are a number of issues that I reflection I thought it reasonable to say that, would like to address in respect of the Lands yes, these people have maintained morale in Department and my dealings with it. I think it is almost impossible circumstances. important that the Parliament knows and that I attended the Cairns office recently with the people of Queensland finally have it all a constituent from Ravenshoe. I took him to revealed to them why they have some the Cairns office, where we sat down to go problems getting their titles dealt with. I through a freedom of information application. I recently had a case in which a constituent was astonished at the quality of the offices. came to me and said, “I have to have a pump They are extraordinary offices in the centre of site. I have got riparian rights. I have an Cairns in the most modern building in the orchard that is dying due to drought and I place—air-conditioned, etc. That is the only want to put in a pump.” facility that is offered to those people by the Legislative Assembly 5457 9 November 1993

I made an application for a pump site no idea about the constraints of private and was told “two years”. The answer given to industry in this State. All he does is laugh and my subsequent inquiries to the Lands say, “Oh, it must be George Quaid, so Department was, “Two years, and there is not therefore it does not matter.” Of course it a thing we can do about it.” So, by devious matters. It matters that this Government is means, I managed to get that fellow a pump holding up the business of enterprise in this in the river. I filled out his pump site State simply because it is incompetent in the application. I said, “The first thing you must do issue of titles. It is the Minister’s responsibility is fill out an application for a pump site. I won’t to issue titles as required, when required and deal with you if you don’t.” We did that in my on time so that enterprise can get on with its office and posted it from my office. I then went business. to the other statutory authorities that had I notice that the Minister for Small responsibility in this area and said, “Lord Business is in the Chamber. On many Nelson had one blind eye. He put his occasions, he has spoken about the necessity telescope up to it and said, ‘I can’t see’.” for Government to get the hell out of the road Beauty! “What I want you to do is issue the of private enterprise. This Minister should have appropriate licences that are no longer subject breakfast with him tomorrow morning and find to the requirement that the Lands Department out a little bit about the business of private has previously issued a pump licence—a 10 enterprise and getting out of its road. foot by 10 foot square of land on the bank of a creek.” They recognised that they simply Mr Elder: He is very supportive of my could not justify holding up the application for colleague the Minister for Lands. He has two years. I thank God that sometimes we taken the Lands Department by the throat—— have public servants with common sense. Mr GILMORE: He has got it by the throat They said, “Okay. We can’t put up with the and he has strangled it and left it lying, time wastage in the Lands Department gasping and blue, on the floor. because they are simply understaffed and Honourable members interjected. overworked. We are therefore prepared to do the things that we are required to do.” The CHAIRMAN: Order! The Committee will come to order. That person has now been irrigating his orchard for 12 months. He still does not have Mr GILMORE: I was provoked. It is a pump site. He said, “But I might be important that the Minister also knows about prosecuted for all this.” I said, “Hey, if you the recent spate of valuations and changed have a problem with the Lands Department, valuations in Crown rentals in this State. An you come and see me, because I know what enormous number of valuations were issued the problems are, and I will go to Geoff Smith, by his department, presumably after the Minister. He is a hell of a nice chap. He is undertaking inspections and so on. People not going to prosecute you, because you had who received those valuations owned Crown to survive.” That is the name of the game. land that was under some kind of tenure—a That is the game that we are playing in this special lease or whatever. Those people were business. Governments have to stop coming to me on a daily basis and saying, buggerising people around and get on with “For goodness’ sake, I cannot believe that this the business of letting private enterprise valuation has trebled and that my category survive. The Minister is in charge of a has gone from Rural or Remote department that is doing its absolute utmost Agriculture”—or whatever it is—“to Rural to stop enterprise in this State from getting on Residential.” with the job. Titles issue in this State is so slow Mr Smith: Are you talking about that it is now affecting the economy of this valuations or rentals? State. One land developer whom I know Mr GILMORE: I am talking about personally has 130 titles on which he cannot valuations for rental purposes. I want the settle because they are tied up in the Lands Minister to listen to this. It is pretty sneaky Department. That is an enormously stupid stuff. From looking at the instrument of title of situation. those people, I discovered that many of the Mr Ardill: Is his name Quaid? new categories were in total contradiction of Mr GILMORE: Interestingly enough, it is the rights and privileges under the instrument not. But let me tell the honourable member of lease. People had a block of land with no that, if it was George Quaid, I would stand up legal access, which was used entirely for and defend him just as much as I would agriculture—way in the backblocks and a long defend the honourable member in the same way from anywhere—and suddenly it had circumstances. The honourable member has become Rural Residential. The category had 9 November 1993 5458 Legislative Assembly changed enormously. Therefore, the valuation objections and got away with it. That is great! I had trebled, and the rental had gone from the am prepared to bet that there are large 1.5 per cent to 2 per cent category to 3 per numbers of Crown leaseholders in this State cent. whose properties are valued improperly, in the I went back to the department and said, wrong category, and those people are paying “I suspect there is a little problem with this.” I rent of which the Minister is not deserving. I was told, “No, no, no. There can’t be any am prepared to bet that that is the case. problem with it. We have done it all. It is okay.” Many people simply do not look carefully at I suggested that we have a quick look at the these things and, therefore, do not instrument of lease. What does it say? It understand why their properties have been so states, “This is for agricultural purposes only. rated and why their rents are so high. You may not build a house on it.” Yet it is Another matter that I would like to raise classified as Rural Residential. “Oh, well, that briefly—because I am running out of time—is is a bit of a mistake.” Cases such as that the provision of titles to Crown subdivisions. I turned up by the dozen. have spoken previously to the Minister about What I suspect—and the Minister can this, and I have mentioned it in the correct me if I am wrong, but I do not think I Parliament. When the development section of am—is that, because the Minister’s staff were the Minister’s department goes about the unable to take any other reasonable course, business of Crown subdivisions, it must having been given the task of revaluing every provide title to those blocks of land at auction. single Crown leasehold in this State for rental It is entirely unfair that people bid at auction purposes, they simply went through the whole and buy those lands—— book of leases and gave them whatever Time expired. appeared to be a good idea at the time. Half Mr SZCZERBANIK (Albert) (10.05 p.m.): I of them would never have understood the rise tonight to speak on the Estimates for the changes and, therefore, would not have Lands Department. I remember the forty-sixth complained. Some of the valuations would Parliament when I was on the committee with have been correct, and the other ones had to the Honourable Bill Eaton who was the be dealt with on a personal basis. Minister for Lands at that time. Bill inherited a Mr Smith: Let me deal with this at the department that was sadly lacking in moment. For the whole of the State there technology and that did not have any real have been a total of 200 applications where systems in place to deal with what the people believed that their rental category was honourable member has been talking about incorrect—200 in the whole State. here lately. In the old days, land searches and Mr GILMORE: I am glad that that is on title searches were done by an officer pulling the record of the Parliament, because it is out pieces of paper from the files on the shelf, absolutely wrong. A large number went photocopying them and giving them to the through my office—not 200, but a large clients. The clients would come into the Titles number. I would bet that they were never Office from an office that had computers and recorded. I just had them fixed. Let me tell the they would expect the process to be Minister about another one. One fellow did a instantaneous. However, when they walked subdivision of land in the Atherton Shire and it around the back, they found that the officers was zoned as Rural B, that is, for intensive had a quill and a pad, and that is how the agriculture, orchards, etc. He had his orchard, department was left by the previous National the fellow to whom he sold his block had an Party Government. This Government has had orchard, his son had an orchard, and so it to spend a lot of money upgrading the went through as Rural Residential. It has technology within the department. It is doing it taken me three months to have the Lands as quickly as finances allow. It is doing it as Department finally set the matter right and quickly as it can. accept that yes, they were Rural B under the I was on the committee under the former Atherton Town Plan; that they were Rural B in Government and we were doing the practice, and they were just made Rural regionalisation—putting the work out into the Residential simply because it was the easy region. My regional manager, Graeme Rush in thing to do at the time, because they had no Beenleigh, is doing a fine job within that area. other option. They simply could not fulfil the He has the fastest-growing area in the world Minister’s expectations by going out into the where subdivisions are springing up daily. field and investigating each one of those Those officers are coping fairly well with the blocks on its merits. When some of the people tide of subdivisions and titles going through objected, the department dealt with the that office. The local developers are receiving Legislative Assembly 5459 9 November 1993 good service at Beenleigh. I used to have my collection and management of information office in Graeme’s building. The solicitors are about the State’s land surface features and coming in from places such as Cleveland, land boundaries. Fundamental responsibilities Beaudesert, Mount Gravatt and the of the program include the Queensland digital surrounding suburbs of the Gold Coast to get cadastral database; the topographic data their titles and searches done in the Beenleigh collection, the place names database; and the office. They are quite satisfied with the service State’s geodetic control network. These they receive. information elements are recognised as Tonight I also refer to the acquisition of essential information for the Queensland Land lands by the Administrative Services Information Systems. Department and the Lands Department. I The program maintains consultative links notice that in their 1992-93 annual report they with the surveying profession through active detail the acquisitions of schools and colleges participation of some staff members in the in this State. In the 1991-92 financial year activities of the Queensland Division of the they purchased land valued at $11.55m and Institute of Surveyors and in the operations of in the 1992-93 financial year that figure is just the Surveyors Board of Queensland of which under $17m. The department is out there the program director is a member. buying up a lot of properties for school sites. Consultative links with the private sector and That relates to the State’s economy at the users of the program’s products are moment and the number of people coming maintained through the department’s Land here. Services Consultative Committee. Frequent I was listening to the ABC at 12 o’clock informal meetings are also held with private today. Coopers and Lybrand has just consultants and with representatives of local prepared a report on population growth in authorities and other Government Australia and it has produced a figure departments. indicating that Brisbane has overtaken Sydney In accordance with a Public Sector as the most rapidly growing city in Australia. Management Commission recommendation The final question that was posed to the endorsed by Cabinet that the Department of gentleman on the radio today was, “If you Lands be designated as the lead agency in were going to set up a shop somewhere in the surveying, a surveying lead agency forum has State, where would you do it?” His reply was, been established which now has “Between Beenleigh and Nerang.” That area representation from seven departments. The takes in my whole electorate. That is the role of the forum is to provide a whole-of- amount of growth that is going on down there. Government perspective and give coordinated Land is one of those emotive issues, and advice to Government on the development National Party members seem to think it is and implementation of policies for monitoring, their God-given right to own it. I am coordinating and managing Government despondent about the direction in which the surveying resources. former Yugoslavia is heading at the moment, I turn now to some of those programs and the infighting between the ethnic groups that underpin the land boundaries area. One about land. of those is the digital cadastral database. The Mr Gilmore: That is pretty relevant stuff! digital cadastral database is a computer record of the property boundaries and related Mr SZCZERBANIK: It is to the people descriptive information on Queensland land who live there and those who see the news parcels. It is also a continuous computer map bulletins every night about different ethnic of the whole State. It provides a framework to groups shooting at each other. Years ago which all land will be attached. The record of these people used to be neighbours and now land parcels was determined by electronically they are shooting at each other. That is the tracing the property boundaries network from emotive issue of land tenure and land the best available cadastral maps. These ownership that the National Party members maps vary in scale from 1:2 500 in more seem to generate in this Chamber. If they had densely populated urban areas to 1:250 000 their way, they would take a gun out into the in remote rural regions of the State. bush and try that sort of approach out there as well. Some of the achievements in 1992-93 include the processes of checking the digital Returning to the Lands Department, I cadastral database against original source refer to the Land Boundaries program within maps for the correctness of tenurial the department. The Land Boundaries information and for geographical accuracy. program is responsible for the surveying That was completed in a further 51 local activities of the department and for the 9 November 1993 5460 Legislative Assembly authorities. With the process known as survey plans from anywhere in Queensland, validation having been completed, the areas including regional centres, and it also reduces have been placed in continuous update the storage space required for cadastral mode. There has also been the electronic survey plans. supply of updated information through the Another aspect of the Land Boundaries department’s electronic bulletin board. It is Program that I would like to talk about is the being maintained by the two local government geodetic network, which is a series of authorities. The benefits of the digital accurately determined survey controlled cadastral database are that it provides a stations throughout the State which provide computerised map reference to a number of an accurate reference framework for Government strategic databases as well as subsequent measurement. The use of the being a primary information service. The basic network ranges from the determination of a land information network will provide the position for new land developments to means to link departmental textual databases supporting national and international surveys to the geographical database system. concerned with continental drift, crustal The revenue raised through licence fees, movement and tidal facility observations. The extraction fees and an annual licence fee for network facilitates the integration of many the ongoing use of this information amounted land-related databases, and ensures the to $675,000 in the last financial year. It is positional relationship of information from estimated that in this financial year the different survey points. Because of the rapidly Government will receive another $700,000 rising level of technology that exists, we can from that. The other projects in the land set up a positioning station anywhere in boundaries area include the document Australia and know where we are. I have read imaging of survey plans. That provides a in some magazines lately that Sony or Sanyo solution to the problems of the inevitable has a global positioning station that people deterioration of survey plans through age and can carry around in their pockets and virtually constant handling, and the need for rapid find out where they are at any point in time. access to these plans from regional centres That is the sort of technology that is out there, through a document management system. and the movements that these systems can The problem, as I have said before, is detect in the earth are just mind boggling. that we are providing the technology for our Surveyors tell me that, years ago, they used staff out there to do the job better, to do the to have a 100-metre tape and a theodolite. job more efficiently and to do the job in any Mr Stephan: What are they? What are part in Queensland. If a client has a fax they used for? machine, that person can get the information Mr SZCZERBANIK: They are those things at one or two days’ notice, I believe. that they look through. I am not a surveyor. As a Government, we are doing those However, that is the technology. I notice when things and providing that information. An I am driving along the street that surveyors are achievement in this area in the 1992-93 year standing out there with their little posts and is the implementation of a capture plan. their laser-guided survey equipment. As I say, 150 000 southern registered freehold plans that technology is becoming available, but the and 9 500 Crown land plans were captured cost of it is getting prohibitive. I just do not onto that system. The operating and know where we are going. Are we going to maintenance costs to provide that information limit the number of people who are out there in the 1993-94 financial year are just under doing these sorts of things because of the $130,000. technology that they require? A further $250,000 has been provided as I must say that this network is working. part of land titles efficiency measures and During 1992-93, one of its achievements was service enhancement initiatives. These funds that it contributed to national projects and are being provided to purchase computers to initiatives coordinated by the Australian Land allow clients in Brisbane more effective access Information Group, which is concerned with to copies of the survey plans. The benefit of the development of a uniform national this is that it will provide a permanent and common reference network and the stable archival of every cadastral survey plan monitoring of the greenhouse effect. People in this State. It overcomes the problems of the living on the Gold Coast fear that if the deterioration of the original plans, as I said, predicted greenhouse effects occur, some of owing to ageing and constant handling. It also those estates along the water—— avoids the expense of restoration. As I said, it Time expired. provides rapid access to all the cadastral Legislative Assembly 5461 9 November 1993

Mr STEPHAN (Gympie) (10.15 p.m.): The member is being incited or getting excited. He member for Albert made the comment that he has run off the track a little bit. did not know where we were going with I would like to talk about a couple of technology. After listening to him, it was quite matters, and one of those is the requirement obvious that he did not know what he was to freehold mining homestead leases. At the talking about and that his script was prepared outset, I would like to thank very much Bill for him. It is just a pity that the member for Albrecht, who works in the mining section of Albert and the member for Hervey Bay did not the department. He does not have very many have a long, hard read before they tried to staff, but I would like to thank them for their deliver their speeches in the Chamber. It is a work. He is certainly a fellow upon whom one problem that Government members seem to can rely and to whom one can relate. One can have. be assured that, if it is possible for him to The member for Nudgee made a couple assist, he will do so. Likewise, I have been in of comments in his speech, one of which was regular contact with the departmental officers that landowners are asking what incentive the in both the Gympie office and the Government can give them to look after their Maryborough office. Again, their assistance is land. I point out to the member that, owing to very much appreciated by me and by the very difficult problems that they are members of my office. experiencing currently because of the lack of I would like to pursue this issue of returns available to them, landowners need freeholding miners’ homestead leases. I point incentives in the same way as other business out that one of the greatest disappointments owners needs incentives. is that the Government has seen fit to say to Mr Vaughan: What about using a bit of the owners of those leases—which, in the initiative? Everybody says, “What incentive will case of the MHLs, are fully paid-up leases; the you give me to look after my land?” You Government has been paid for them, but it shouldn’t need incentives. has not taken that final step of Mr STEPHAN: I agree with the member. freeholding—that unless they are prepared to We should not need incentives. However, the freehold their land by the end of 1993, then it Government is not doing anything to make it will charge them a second time. This is what is profitable for those businesses to exist. The called double dipping. The Government has Government is not doing anything. It is not been paid for the land. It has been paid for a giving incentives to them. However, it is giving 30-year lease. They are fully paid up, and now incentives to every group in the city. It is giving the Government is turning around and saying incentives to its own little pockets of support, that people will have to pay again. This is the but not to the areas upon which this country type of thing that I want to point out to the relies, and which this country has been living member for Nudgee, Mr Vaughan. off for years and years. Government members Mr Vaughan: What you are saying is are not prepared to accept that. It is a pity that that, if you rent a house, after a period you they do not leave the city and go out into the own it. country to see what goes on. Mr STEPHAN: It is a fully paid up lease. Mrs Edmond interjected. Apparently, the honourable member does not The CHAIRMAN: Order! The member for understand the lease arrangements. It is a Mount Coot-tha! lease that is paid up by agreement over 30 equal payments every year for 30 years. It is a Mr STEPHAN: If I had done that this fully paid up lease. It is not as though it has morning, I would have been named and told not been agreed to. The price has been set to sit down. I am not too worried about the and agreed to for the purchase. interjections that are coming from Government members, but I do not know about the Mr Vaughan: Under your Government. different attitude displayed by the Chair when Mr STEPHAN: It was in place long before members on the Opposition side of the the previous Government came into power. It Chamber interject, as they did this goes back to the thirties, and even back to the morning—— turn of the century. That arrangement has The CHAIRMAN: Order! The Chamber will been agreed to over many years. The last of come to order. The member for Gympie will the MHLs in that area were issued back in the continue to give his speech. 1940s. Mr Vaughan: And stop inciting us. Mr Beattie: During the war. Mr STEPHAN: I am not too sure if the Mr STEPHAN: It was after the war, but around that time. It was the Labor 9 November 1993 5462 Legislative Assembly

Government that did it, but that is not the brought in. I urged that the valuation be set point, which is that it was a fully paid up lease. on the 1980 VG valuation. That is the The agreement was that it has been paid for valuation that the MHPLs are working on at over 30 years. What more do those the moment. Cash can be paid for them for a honourable members opposite want? Now 51.24 per cent reduction in price, or it can be they are turning around and saying that, paid out over 30 years. The honourable because it is still a fully paid up lease, member is shaking his head, but these are because it is an MHL, if it is not freehold, it will the options that are available. be turned around and leased a second time. I Mr Vaughan: And then they can go and say that that is wrong and immoral. That is flog it off. why I am opposed to that aspect of what the Government is trying to do. In much the same Mr STEPHAN: It is their land. What does way as the MHPLs, the residential and the honourable member mean? If he buys a business areas have never had a valuation piece of land, would he then say that it placed on them for freeholding purposes. belongs to the Government after 30 years, or However, the MHLs have, so the whole lot would he say that he owned it? cannot be put in the one basket. It cannot be Mr Vaughan: The point is: what are they said that they will all be treated in the same paying for it? way if they are not freehold at the end of Mr STEPHAN: They are the paying the 1993. valuation. I fail to understand the ignorance of Is it any wonder that the local people get land dealings of some members of this upset? Is it any wonder that they come into Government. The honourable member thinks my office and complain bitterly about the fact that because it is a piece of leasehold land that it is their piece of land, which has been they can go and flog it off. It is their land paid for over that 30-year period, but now they because they bought it. Surely, that is plain are expected to pay for it again? Violence in enough. If we buy a car or anything else, it is the streets can very easily occur under these ours because we bought it. Surely, if we buy a circumstances. I am not underestimating the piece of land, we can do with it what we like. I feelings out there. dare say that I have spent enough time on An honourable member interjected. that. But I would like to think that the Minister would be able to see a bit of commonsense in Mr STEPHAN: I am not inciting riots. what he is doing here. I know that the These are the people who come into my office department is trying to convince those and make these comments. I do not incite leaseholders who have not made applications them; I do not stir them up. at the present time to make the application to Mr Vaughan: How much a year were they freehold. But I believe there are about 2 500 paying? to 3 000 applications still to be made. There is Mr STEPHAN: They are not paying a long way to go in this period of the next six anything a year because it is a fully paid up or eight weeks. lease. I turn to another area, which is also Mr Vaughan: What were they paying? possibly a bit controversial. I refer to noxious weeds. The Government has been trying to Mr STEPHAN: They were paying the get noxious weeds cleared from Crown land value of the land over a period of 30 years. and also from private property. As is usually Mr Vaughan: How much per year were the case, if any landowners have not been they paying? doing the right thing and cleaning up noxious Mr STEPHAN: They were paying for the weeds, the council notifies them three times. value of the land over a period of 30 years. It After that, it comes in and sprays and charges varied. Back in the 1940s and the 1920s it the landowner. was worth about ten pounds. It might have Mr Beattie: There is nothing wrong with been worth a bit more; it might have been a that. bit less. It was calculated according to the Mr STEPHAN: There is nothing wrong value of the land at the time. At the present with that except that sometimes it takes a time, the MHPLs can be freeholded over a 30- while to sink in, and some people take a while year period. It is the same process. People sit to take those steps to spray their land. Mr Ken on the land and then spread the valuation Hayward, who owns land in my electorate, is over 30 years. In this instance, it is not the obviously trying to use his influence. Whatever same process, because the value has been he is trying to do, I am not too sure, but a agreed. I was responsible for bringing in that couple of days ago it was stated in the piece of legislation. I urged for that it be Legislative Assembly 5463 9 November 1993

Gympie Times that the Minister owns a piece not happen. I urge the Minister to give second of land in Gympie. He has failed to clear thoughts to releasing land in that area as groundsel from his property. The council has quickly as possible. As I pointed out, the had to take the step of notifying him and of development of the area of facilities such as then moving in and doing the work itself. schools will not proceed unless support is If it is good enough for everybody else to given by the Government. have to clean up their land, it is good enough Time expired. for the Minister to clean up his land. I do not Mr BEATTIE (Brisbane Central) see any reason why there should be (10.30 p.m.): It gives me a great deal of preferential treatment given to him. Surely the pleasure to participate in the Estimates for the Minister knows the rules in this country. Surely Department of Lands. I want to make he does not need to be notified by the particular reference to the fact that, in recent council. times, this department—— Mr Elder: Is he cleaning it up? Mr T. B. Sullivan: It’s a vital department. Mr STEPHAN: He is not cleaning it up; Mr BEATTIE: Indeed it is. In recent times, the council is cleaning it up. the department has gone through a number Mr Elder: That’s what councils do, you of significant changes. galah. If you do not clean it up, they clean it Mr Hobbs: Uproar. up for you. Mr BEATTIE: If I were the honourable Mr STEPHAN: After about three or four member I would listen because, if he does, he days on the coast, is this the way the member might learn something. I make that comment operates? Does he do it that way? There are bearing in mind the contribution that he made noxious weeds on his property. He will not earlier. The department has made a number clear it. The council has to notify him three of advances in information technology. I recall times, and then it will have to take the my dim, dark days as an articled clerk when I necessary action. had to do searches on all sorts of leaseholds. Mr Elder: That is what they do, you It really was an archaic system. In this financial galah. year, the ATS—the automated titling Mr SPEAKER: Order! I warn the Minister system—is to be introduced. At present, the for Industry. system is paper based, and it is nowhere near as efficient as it ought to be. I congratulate Mr STEPHAN: What a ridiculous attitude. the Minister on moving to an automated I thought that the Minister would at least know system. It will mean that, when inquiries are a bit more about what goes on in this State made, searches will be much easier, much than that. more accessible to people and much quicker. I turn now to another area of concern, That will include not only Torrens title but also that is, Rainbow Beach, which is a rapidly leasehold. In Queensland, there are growing and developing area. People have 1.1 million freehold properties and 45 000 been complaining about the fact that they are leaseholds. In that context, one can running out of land for building purposes. The understand the importance of an automated local council has made its representations to titling system. the Lands Department over this problem. It Only last week, I was approached by the was told that there were no plans afoot to family of a former constituent named Mrs develop more Crown land at Rainbow Beach Alma Emblem. That family was concerned for sale to the general public, and that further about delays in the transfer of a title. As a land sales may be a long way off. It was a pity result of some inquiries and with the help of to see that report in the local newspaper. the Minister, I was able to ascertain the status The other thing going against of that matter. Those sorts of short-term development there is the fact that a Mabo- delays will not occur under the new system. I style land claim has been made over vacant believe that everyone should applaud the Crown land between Woodgate and Bribie introduction of the automated titling system. Island. That presents a double problem: firstly, Mr Bennett: It’s a move into the twentieth that there is a Mabo land claim and, secondly, century. that the Minister has decided that at this stage no more land will be developed at Rainbow Mr BEATTIE: It is indeed a move into the Beach. People want to move in and build in twentieth century. There will obviously be a that beautiful part of the State. Unless they period in which old titles, where there have are encouraged by the Government, that will been no transfers for the last 30 or 40 years, will have to be transferred across to the new 9 November 1993 5464 Legislative Assembly system. Nevertheless, the automated system Mr Stephan: They did so. has come a long way. Mr BEATTIE: We did not have differential The other piece of information technology rating to anywhere near the extent that we do that I believe is important is the IVAS—that is, now, and the honourable member knows it. the integrated valuation and sales Mr Stephan interjected. system—which records all valuations of land in Queensland. The current system under which Mr BEATTIE: The honourable member we operate—as the honourable member for should not come here and tell fibs. I am Kurwongbah would be aware—is 27 years old. appalled at his behaviour. I heard his contribution to this debate. Later, I intended to Mrs Woodgate: I would? make reference to noxious weeds, but the Mr BEATTIE: The honourable member honourable member is an obnoxious weed. was at the opening. The new system, which An Opposition member interjected. contains all the valuation information on a computer system, was never available Mr BEATTIE: He may be a nice guy, but previously. It will speed up the process. As a he is an obnoxious interjector. Some local former articled clerk who used to wade authorities blame the department for through the old systems, I am delighted to increases in rates, which is just not true. The see this modernisation of the department. I rating system has been professionalised. congratulate the Minister on those initiatives. Since I moved to Wilston 18 months ago, I have been contacted by the department on a Mr Hobbs interjected. number of occasions in its effort to set the Mr BEATTIE: Has the honourable appropriate valuation for that area, because member learned anything yet? I can see that land values there have increased significantly. his eyes are brighter so he is learning The department is very sensitive to setting the something. appropriate valuation. Mr Hobbs: There needs to be an I say to all local authorities, including my enormous amount of resources put into the friends at the Brisbane City Council, that they changeover period. We’ve got some have to stop blaming the department for so- tremendous delays. called rate increases, because it is not the Mr BEATTIE: Of course. The honourable responsibility of the department. Councils can member should not get excited. My time as now apply differential rating. If they want to an articled clerk was under National/Liberal apply different rates for different uses in Party and National Governments, and I know different areas, it is entirely a matter for their what it was like. We have finally reached the discretion. stage of introducing some new information Mr T. B. Sullivan: Some councils, like the technology. Brisbane City Council, take a three-year Mr Hobbs: It’s going to take time. average, which is a good system. Mr BEATTIE: Sure it will take time, but at Mr BEATTIE: Indeed it is. That council least something is happening in the has also capped rates for owner occupiers, information technology area. which is another very good system. I turn to valuations. In recent times, there I want to mention a couple of other has been a much better response from the matters. Recently, the Minister was kind department in that respect. A number of my enough to receive a delegation from the constituents have raised issues about Spring Hill Association to discuss future uses valuations in Dalrymple Street in Wilston. As a for Victoria Park. I place on record my result of my interaction with departmental appreciation to the Minister for receiving that officers in connection with that matter, I am delegation. One of the real difficulties faced by aware that a much more responsive attitude is members like me, who represent inner-city being displayed by the department. seats, is the use of parkland. We all know that people are committed to maintaining parkland It annoys me when local authorities for park purposes. But there is— and has whinge when valuations change. They try to been for a long time—an enormous need for blame the department for increases in rates. schools—and I have experienced that with One of the early initiatives of this Government both the Grammar schools and Terrace—to was the introduction of differential rating. As all use limited parts of parks such as Victoria Park members are aware, differential rating gives to for school purposes. A great deal of tension councils a significant discretion that they never was developing between the local residents of had before the Goss Government was Spring Hill, who wanted the land maintained elected. exclusively for park purposes, and the Legislative Assembly 5465 9 November 1993

Grammar schools and Terrace, which wanted mine who acquired the tourist lease on St to use part of the land for tennis courts or Bees Island some time ago were concerned other sporting or recreational purposes. I am about the way in which the lease rent was happy to say that, with the assistance of the determined, but they are now happier. Minister, we were able to reach a satisfactory Time expired. arrangement. It has been determined that those sections of the park used for tennis Hon. G. N. SMITH (Townsville— Minister courts and other recreational purposes will for Lands) (10.40 p.m.), in reply: I find that the continue to be available for those uses, but no responses in Estimate debates can be very more land will be allocated for those purposes. interesting because they traverse such a wide In other words, that remaining area of Victoria area. Very often, the matters that are Park will be protected for park purposes for the commented on relate to the actual local residents and others. The Spring Hill experiences of the member, and I listen to Association is delighted with that outcome. I those experiences with great interest. thank the Minister for his assistance in that It is quite clear to me that a significant matter. number of members opposite still have not Of course, the department and the really grasped what the Lands Department of Minister have an enormous amount of today is and what it encompasses. In fact, it is influence not only on parks such as Victoria not just the old Land Administration Park but also—sometimes perhaps not as Commission with a few add-ons. It has taken direct as some would like—in the use of areas on agencies which were previously such as Lang Park and Ballymore. Lang Park departments in their own right, such as the is no longer in my electorate, but Ballymore is. Surveyor–General’s Department, which dealt Ballymore was given to Queensland Rugby with geographic information, the Valuer- Union some years ago as part of an indefinite General’s Department, the Office of the lease. The Queensland Rugby Union has the RegistrarÐGeneral and the Office of Freehold right under the lease to construct whatever Titles. All those spheres of land interest have buildings it chooses, provided that those been grouped together to form a more buildings comply with the usual Brisbane City functional, coordinated department. I believe guidelines and requirements. At present, a that is working. degree of tension exists over the construction Just in very broad terms, the huge of floodlights at Ballymore. I am confident that difference is the state of those previously that can be resolved between the local independent agencies, which this Government residents and the Queensland Rugby Union. It inherited from the former Government. I will is not a matter over which the Minister or this start with what was the Surveyor-General’s Government has any discretion. Some time Department, and what is now known as our ago—long before we were in Government— Land Boundaries Program and our the previous Government gave almost Geographic Information Program. When we exclusive rights to the Queensland Rugby inherited those areas, they were in a very Union for the use of that land. Since then, it good state. They were very much at the has exercised the entitlements that it has. cutting edge of technology and really have not In the few minutes remaining to me, I featured very much in this debate. The want to make quick reference to two matters. member for Albert, Mr Szczerbanik, did One is the regionalisation of the department. I mention them to some extent. The reason think that regionalisation has provided that those programs did not feature in the additional services to people across the State. debate is that they are functioning well and it The 10 regional offices, the integrated is very rare that a complaint is received or department and the local district offices have attention is drawn to them. resulted in better services and more efficient However, the Land Administration decision making. I am sure that the Commission, which was inherited by the now Opposition spokesman was only too happy to CEO of the department, Mr Bruce Wilson, in acknowledge that fact in his contribution to the dying days of the old Government, was in this debate. If he did not do so, I am sure that a chaotic state. I do not think that any honest he will on other occasions. member opposite would deny that. It I am also pleased that, in relation to functioned as if it were set back in the Dickens some leaseholds, particularly tourist age, and something had to be done about it. leaseholds, the rental is now determined as a Much the same situation existed in the areas percentage of the unimproved capital value. of valuation and freehold titles. I will comment That will apply from 1 July 1993 as part of the on that in some greater detail. Wolfe recommendations. Some friends of 9 November 1993 5466 Legislative Assembly

Just picking some of the general themes Nudgee spoke at length about the functions of the debate, I was rather fascinated by the of the Rural Lands Protection Board, which contribution by Mr Santoro. He knew the has a very important role. As the honourable words that he was saying but, in fact, he was member mentioned, he is a man who grew up off-beat with other members opposite. It in western Queensland, and he has sounded as though his speech had been accompanied me on a number of trips, as prepared by someone and that he was have a number of other members of my delivering it by remote control. What he said committee. He is a practical man who just did not quite fit. I also thought it was quite understands the magnitude of the problems remarkable that Mr Santoro made allegations that we are facing and what the real options that the services of the officers of the available to the Government and to land- department are under-utilised when two other holders might be. Opposition spokesmen claimed that the The member for Nudgee spoke about the workload on the officers was too great. In fact, importance of control of pest animals. I do not I think the members who spoke about the think anyone would disagree with what he said high workload were much closer to the mark. about that. I believe that more recently, with The very important thing about the some effective publicity, the public at large is Lands Department now is that it does have an getting a greater handle on it. As the member ability to deliver a wide range of services said, this Government is certainly committed across those agencies that I mentioned, not to properly caring for the land. The just in the major regional centres but right Department of Lands is ensuring that throughout the 34 Land Centres across the sustainable land management practices occur State. Again, Mr Santoro was out of step. He as far as possible across the State. said that one cannot regionalise all of these I might say that the member for Nudgee things, that some of them have to be made a couple of observations which I would centralised. I think that Mr Santoro would be like to support. For instance, in some areas, very disappointed with the response that he the mulga land would have to be described as would receive if he floated that idea out in the more or less a wasteland. Yet it is rather regions, because the Lands Department is interesting to find that land adjacent to a one of the success stories of this Government. boundary—which might only be marked by a I can tell him that, from the sort of comments steel fence—has been quite well-managed that are made to me at regional Cabinet and will continue to be productive in the meetings, the regionalisation of those services foreseeable future. Unfortunately, because of is very much appreciated. overgrazing and malpractices, there is no I would now like to comment on morale, doubt that the area will not sustain the present which was mentioned by a couple of number of land-holders on a profitable basis. members. There can be no doubt that when The member for Mulgrave, Mr Pitt, who is one joins four diverse departments together a member of the Rural Task Force, spoke at and forms a whole new organisation there are length about the Aboriginal and Torres Strait going to be winners and losers, but that Islanders’ Land Interest Program and the process has been well managed. There has Land Tribunal. He demonstrated considerable been an overall staff reduction from the knowledge of that program. He named the previous four departments of about 100, I members of the tribunal and outlined the believe, but it has also provided opportunities particular qualifications of those members, for people with skills and talents and the will to including the deputy chairperson, and the get on. I can say with absolute certainty that experience that they could bring to that all employees have been treated fairly. program. He also talked about the Tenure Inevitably, though, because of the more History Unit which, of course, is now very predictable lines of promotion that existed important because of the implications of under the previous Government, when only Mabo. I will come back to that. That unit does seniority counted and qualifications and merit have a very important role to play. It will had perhaps not the same emphasis, some provide essential information on the people were disappointed. However, under determination of the existence of native title. the stewardship of the present senior Of course, the honourable member also administration of the department, I believe mentioned what regionalisation has meant in that has been turned around, and I am happy terms of additional staff in the regions. that that aspect is very much on the rise. The member for Sunnybank, Mr I turn now to some of the comments Robertson, talked about the developing made by members. First of all, I will deal with computerised land information systems. I the Government speakers. The member for Legislative Assembly 5467 9 November 1993 would like to take up that point because, as I the Government is to establish a single mentioned in my opening remarks, the real valuation system. If a local government wishes reason we are facing some difficulties is that to have some variation, that is the the previous Government did nothing in those responsibility of that local government, not the three areas that I mentioned. This central State Government. The final point that Government has had to undertake a major the honourable member made dealt with computer update. In fact, there was almost a intrusion into parkland. I believe that, over the complete absence of computers in those years, people on the Labor side of politics areas. Major new information systems have have seen the erosion of people’s land in been introduced and, of course, at long last parks and are determined to ensure that that we are bringing those sections of the practice is discontinued. department into the twentieth century—albeit The shadow spokesman, Mr Hobbs, in the closing days of the twentieth century. devoted a great deal of his time to Federal The point that the honourable member made, matters. He talked about social engineering. I of course, is that those systems have to be in shall give honourable members one example place to enable us to provide a proper service of social engineering that occurred under the for our clients. previous Government. In 1981, the then The member for Maryborough, Mr Dollin, Government introduced legislation that is very experienced in land and forestry allowed land-holders to freehold extensive matters. He is a very important member of my property—some of it back to valuations that committee. He spoke about the valuation and existed in 1971—with discounts of up to 40 sales system. Again, this comes within per cent. If that is not social engineering, I computerisation and generally will speed up would have to express some surprise. Let me the information that is made available to a take that a bit further. If anyone wishes to whole range of clients. More importantly, pursue that point, I am very happy to take a eventually—and when I say “eventually” I question on notice and run off the names of mean as early as 1995—valuation some of the National Party luminaries who determinations will not lag some 15 months benefited from that particular scheme. behind, as they do now; they will take only six Mr Hobbs: What’s wrong with that? It months. Therefore, the actual valuations will doesn’t make any difference at all. be more closely related to market forces. That is important. Mr SMITH: Members on this side would not be surprised, but perhaps the public at The member for Hervey Bay, Mr Nunn, large would be surprised by the number of discussed the new titles system. He made the people who held prominent positions in the point that this improved the ability of clients to National Party and were made beneficiaries of search the register from their own offices. If that particular action. I will not hammer that major clients, including legal firms, install the issue too much. appropriate equipment, they will not have to go to the lands centre to gather that I turn now to the Mabo decision. The information; they will be able to access it from High Court has recognised native title. their own offices through that interconnection. The CHAIRMAN: Order! The Chamber will Mr Szczerbanik spoke about land come to order. The Minister shall continue his boundaries and some of the very technical speech. equipment that is used today, particularly the Mr SMITH: That has been determined. It global positioning system. It is whiz-bang stuff. is not for someone to decide whether or not The member indicated his understanding of there should be a referendum. It is a that. I appreciate that because, as I determination of the High Court, and mentioned before, it is technical and complex. members have to learn to live with it. We have Many people shy away from it because of the made no secret of the fact that—— difficulty that it presents. Mr Hobbs interjected. Mr Beattie, the final speaker for the The CHAIRMAN: Order! The member for Government, spoke of his own experience Warrego! with the Titles Office. He has an understanding of what the improvements will Mr SMITH: As I was saying, we have mean. He spoke also about two other made no secret of the fact that about 5 per important areas, including differential rates. cent of Queensland has been identified as There is a tendency for local governments claimable under the existing Aboriginal and around the State to blame the central Torres Strait Islander Acts. Government. Of course, the responsibility of Mr Hobbs interjected. 9 November 1993 5468 Legislative Assembly

Mr SMITH: To pursue this matter—the The Opposition spokesman also honourable member asks the question and I mentioned the dingo fence. Recently, my will give him the answer. So far, about 15 committee and I conducted a tour of the claims have been lodged, and the first dingo fence, which is in excellent condition. hearings began in August this year. The Over the last couple of years, new equipment finetuning of the Government’s Mabo position has been purchased. Gerry Stanley, who is will not be determined until we actually have the “ramrod” of that organisation, is doing a the legislation in place. If the honourable superb job. I have nothing but admiration for member has some idea that he can overturn the work that those people are carrying out the High Court’s decision, he can forget it. and for the effort that they put into it. As to The honourable member mentioned the dismissals of people in that area—that is backlog in the Titles Office. I acknowledge that absolutely without foundation. I am amazed backlog, but it is nowhere near the extent that that the member got that sort of information. he mentioned. In fact, we have achieved a I turn now to rents. Much has been said very considerable reduction, although it has about the level of rents and the variations in blown out a little because we are moving rents. But people do not seem to be prepared towards a structure that will allow the operation to recognise—particularly Opposition of the automated title system when it is spokesmen—the wide disparity that existed introduced early next year. under the previous system. When it was Mr Hobbs: You got rid of all the staff. converted to unimproved capital value You know that. equivalent, it went from 0.1 per cent to 6 per cent. There was a huge difference within Mr SMITH: The member should forget all districts and between districts. When Mr that nonsense. He does not know what he is Hobbs introduced his private member’s Bill, I talking about. thought that he at least had the good sense Mr Hobbs: I do. to recognise that the old system had gone by Mr SMITH: I am sorry, but he does not. the board and that he acknowledged the appropriateness of the UCV system for future Mr De Lacy: Would you say that he is valuations. The honourable member seems to one of the great jokes of this Parliament? be backing away from that. He is in the same Mr SMITH: I am in a charitable mood category as—I am not going to say the tonight, so I shall refrain from making that Cattlemen’s Union, but I am going to say Mr observation. Mr Santoro spoke about the Kerry Martin of the Cattlemen’s Union, who comparison between Sydney and Melbourne has deliberately distorted the revenue aspect so far as turnaround times in the respective of this and what it might bring in. The member Titles Offices. Sydney and Melbourne are able failed to recognise that this Government has to turn those documents around so quickly taken account of the industry and drought because they acted before Queensland. They conditions. We have not blindly brought in the put in a computerised system. That is what we Wolfe recommendation of 3 per cent. We are doing now to catch up. That is what the introduced it at 1.1 per cent. If the member National Party did not do to keep the system wants to push me on this matter—and I up to date. That is what it is all about. challenge him to do this—I have some historic Members must understand that. information that shows the winners and losers Mr Hobbs: That’s not true, what you’re under the old system compared with the new saying. system. I assure him—— Mr SMITH: I am afraid that it is. That is Mr Hobbs: You tell us. What is the the fact. The member for Clayfield made a revenue? couple of other observations and spoke about Mr SMITH: Never mind that. The shredding of title documents. That is important thing is that it is fair. The people to outrageous. There is nothing to that whom I speak in the industry recognise the allegation. I challenge the honourable fairness.There are a few people like the member to provide any evidence of that member who choose to make those wild inaccurate statement. In fact, it is a disgrace inaccurate statements. However, when I get for him to repeat that in this Parliament. But around and I meet the serious operators in that is something that members have come to the industry, I find that those operators expect from the Opposition over the years. As recognise that it was long overdue, and that it to one technical aspect—title searches in had to be done. Queensland cost $8 compared to $24 in New Time expired. South Wales and certainly not less than $18 in other States. Progress reported. Legislative Assembly 5469 9 November 1993

amount in respect of a fee from another LICENSING FEES LEGISLATION (LIQUOR person or who, having recovered an amount AND TOBACCO PRODUCTS) AMENDMENT from another person, will reimburse those from BILL whom the fees were collected. The licence holder will be given adequate time to make Hon. K. E. De LACY (Cairns— Treasurer) reimbursement. However, where the licence (11.01 p.m.), by leave, without notice: I holder is unable to do so, the refunded move— amount must be repaid, together with interest. “That leave be granted to bring in a Further, this Bill also has regard to the Bill for an Act to amend the Liquor Act hopefully remote possibility that one of the 1992 and the Tobacco Products challenges occasionally mounted to the (Licensing) Act 1988.” capacity of a State or Territory to levy such Motion agreed to. fees may be upheld at some time by a Court. If that were to happen, a flood of refund applications could be anticipated by those First Reading hoping to gain a windfall by having refunded Bill and Explanatory Notes presented and to them fees which they had passed on to Bill, on motion of Mr De Lacy, read a first time. consumers. Accordingly, this Bill refers to refunds of fees wrongly exacted as well as to those simply overpaid. Second Reading While this Bill addresses potential Hon. K. E. De LACY (Cairns— Treasurer) inequities in the refund provisions of the (11.02 p.m.): I move— Tobacco Products (Licensing) Act and the “That the Bill be now read a second Liquor Act, the refund provisions of other time.” relevant Queensland Acts will be examined to Licensing fees are imposed by the ensure that the person who is justly entitled to Tobacco Products (Licensing) Act and the the benefit of a refund is the person who Liquor Act. While assessment procedures receives it. Legislative amendment in seek to ensure accurate determination of the particular instances may be required. quantum of a fee, occasions may arise where, I commend the Bill to the House. for various reasons, refunds may be sought. Debate, on motion of Mrs Sheldon, The Acts recognise this likelihood. Each Act adjourned. allows a refund to be made to a licensee where a fee has been overpaid. Commercial reality, however, is that LIQUOR AMENDMENT BILL (No. 2) licensees rarely bear the ultimate cost of the Hon. R. J. GIBBS (Bundamba— Minister fees themselves. Rather, the fees are in effect for Tourism, Sport and Racing) (11.06 p.m.), passed on to consumers through increased by leave, without notice: I move— liquor and tobacco product prices. Members of “That leave be granted to bring in a this Assembly may recall that wholesalers of Bill for an Act to amend the Liquor Act tobacco products increased their prices two 1992.” months in advance of the date of effect of the 1992 licence fee increase. Motion agreed to. The consumers who ultimately bear the incidence of the licence fees are unable to First Reading request a refund of any overpaid fees from Bill and Explanatory Notes presented and either the Government or the licensee. As the Bill, on motion of Mr Gibbs, read a first time. existing refund provisions of the Tobacco Products (Licensing) Act and the Liquor Act do not require any consideration of whether or Second Reading not any reimbursement is to be made to the Hon. R. J. GIBBS (Bundamba— Minister persons who bore ultimate liability for the fee, for Tourism, Sport and Racing) (11.07 p.m.): I a refund is simply a windfall gain to the move— licensee. “That the Bill be now read a second The Licensing Fees Legislation (Liquor time.” and Tobacco Products) Amendment Bill will address this inequity by requiring that refunds A program of hotel rationalisation of licence fees be allowed only to those commenced in July 1989 and is administered licensees who either have not recovered an by the liquor licensing division of my 9 November 1993 5470 Legislative Assembly department. The program is aimed at Hon. E. D. CASEY (Mackay—Minister for achieving a better spread of hotel facilities to Primary Industries) (11.10 p.m.), by leave, serve the public throughout Queensland and without notice: I move— originally contained two measures. The first “That leave be granted to bring in a measure gave licensees the opportunity to Bill for an Act about the Queensland egg make application to relocate their licences to industry.” another locality in the State. This measure was deleted from the liquor legislation in 1992 Motion agreed to. after misuse by entrepreneurs buying and selling liquor licences, which in turn contributed First Reading to artificially high values on hotel licences. The second measure, and the one which is the Bill and Explanatory Notes presented and subject of this amendment, deals with the Bill, on motion of Mr Casey, read a first time. payment of compensation for hotel and tavern licences, or general licences as they are Second Reading referred to in the 1992 Liquor Act. Hon. E. D. CASEY (Mackay—Minister for When the Liquor Act was passed in Primary Industries) (11.11 p.m.): I move— 1992, it contained a sunset clause which allowed licensees a further period of three “That the Bill be now read a second years to take up the Government's offer of time.” compensation. The reason the legislation The Egg Industry (Restructuring) Bill stipulated a finite period for the program was represents the culmination of a process of to encourage licensees to make a decision negotiation between the Queensland whether or not to stay in the industry. Government and the Queensland egg I should point out that the payment of industry over an 18-month period with the goal compensation for the surrender of a hotel of modernising the legislative provisions licence is unique to this State. Nowhere else pertaining to the egg industry in this State so do licensees have the opportunity to negotiate that the industry is better placed to meet the with Government the buying back of a liquor competitive challenges of the 1990s and licence. beyond. The liquor industry has had four years to The Bill continues the policy I have held take advantage of the compensation measure to consistently since becoming Minister for available under the rationalisation program. Of Primary Industries in regard to the 1 200 general licenses issued in this state, comprehensively reviewing the legislative 19 have been surrendered to date and 10 arrangements for each of Queensland’s applications are pending. Whilst licensees significant primary industries. This has already consider rationalisation a positive step for the been done for the sugar, dairy, grain, and industry as a whole, very few are prepared to meat and livestock industries and now the egg surrender their licence, preferring to believe industry. A similar review is under way in the that it is the licensee down the road who fishing industry with the horticulture industry to should get out of the industry. The State has follow during 1994. Other legislation relating to spent almost $2.2m buying out what are natural resource management and plant and essentially failed business operations. The animal health will be reviewed over the next amended legislation will expose non-viable 12 months. hoteliers to commercial realities. This Bill restructures the marketing The amendment before the House will arrangements in the Queensland egg industry abolish the Government assisted and simplifies the production control rationalisation program. However, it is not arrangements. At the same time, two intended that any person who has already outmoded industry Acts are repealed as part lodged an application for compensation will be of my ongoing program of improving the disadvantaged. In the interests of natural primary industry statute book. On the justice, these applications will be dealt with as marketing side, the Bill will combine the if the compensation provisions remained in current regionally based egg marketing force. systems in the interests of having an effective Statewide egg marketing organisation. This Debate, on motion of Mr Veivers, restructuring is essential to meet the challenge adjourned. in the market place from the deregulated but disorganised and disruptive egg industry in the EGG INDUSTRY (RESTRUCTURING) BILL southern States, particularly New South Wales. Legislative Assembly 5471 9 November 1993

The assets and liabilities of the two The Bill also provides that the statutory regional egg marketing boards, along with the marketing powers will cease if the company is egg business related assets of the two listed on a stock exchange, or if it amends its producer marketing companies in North articles of association to allow non-producers Queensland, will be transferred to a company, to become shareholders. This will ensure that Australian Quality Egg Farms Ltd, which will be no corporate raider will gain statutory wholly owned by the State’s egg producers. marketing powers by taking over the We will have a united, Statewide egg company. marketing body for the first time in Turning to the production side, the Queensland’s history. The company’s head current hen quota arrangements will office will be in Brisbane, with receival depots continue—but only until 31 December 1998. in Brisbane, Rockhampton, Townsville and Once again, the Queensland Government is Cairns. Producers will be entitled to shares in giving a clear signal to producers. The industry the company in accordance with a share has time to put its house in order under distribution scheme formulated in consultation regulatory arrangements that are relevant, with the industry and prescribed by regulation. workable and understandable. The old Hen In New South Wales and more recently in Quotas Act will be repealed, and provisions Victoria, the respective State Governments that are easier to understand and administer simply pulled the regulatory rug out from are included in this Bill. A new Queensland under their egg industries. The Queensland Egg Industry Management Authority will Government is adopting a far more administer the quota arrangements. The responsible approach. The Bill gives the Authority will have three members: an company statutory marketing powers, notably independent chairperson, a Government vesting of eggs and the operation of a nominee and a producer nominee. The compulsory marketing scheme, for a five-year producer member will be nominated by the period from 1 January 1994 to 31 December recognised producer representative body, the 1998. A review is to commence after three Queensland Egg Industry Council. When I years. These statutory powers are very was the shadow Minister for Primary definitely sunsetted, and any extension will Industries, I was highly critical of the National require a new Act of Parliament. Party’s habit of censoring industry self- The industry is being given a clear signal determination by demanding panels of that it has up to five years to develop a totally names. I will not be asking for a panel of commercial approach. At the end of that names. I will respect the industry and let it get period, a strong egg industry will not need, on with running its own affairs. and I predict it will not want, regulated At the end of the five-year transitional marketing of eggs. During that five-year period, the quota arrangements will terminate. transitional period, the chairperson of the Compensation will not be payable in regard to company’s board of directors will be a person the expiry of the legislation at the end of appointed by the Governor in Council with a 1998. With the advent of mutual recognition, clear statutory responsibility to report to the the Poultry Industry Act, which required egg Minister on the affairs and operations of the marketers to be licensed and observe grading company. There will also be a Government standards, is to be repealed. Public health representative who will closely monitor the standards will continue to be protected by the company’s compliance with legislative provisions of the Food Act and the regulations requirements. The other directors will be under that Act. appointed in accordance with the company’s articles and will include four elected producers The Queensland egg industry has built its and up to three external directors with reputation on consistent quality of product. commercial expertise. That situation will continue and be enhanced While it exercises statutory powers, the by the unified marketing facilitated by this Bill. company will be subject to appropriate In time, quality Queensland eggs could find a accountability standards, including the niche, perhaps a big niche, in interstate application of the Financial Administration and markets such as Sydney and Newcastle. Audit Act, the CJC and Ombudsman The key features of this Bill have been legislation and the Acts pertaining to judicial developed in consultation with industry review and freedom of information. This is through the Queensland egg industry appropriate in the circumstances, and is a restructure working party. I compliment the further example of the Goss Government’s working party on the many hours of hard work strong commitment to accountability in the devoted to building a restructure package exercise of statutory powers. 9 November 1993 5472 Legislative Assembly which had as its genesis a consultant’s report I Government neglect. The Sugar Industry Act initiated in early 1992, and which was has been a model of the Goss Labor presented to the Government and to industry Government’s success in primary industries. in July of that year. There have been several This Bill contains three simple producer meetings since then, at which the amendments to policy. Firstly—and this is the basic elements of the restructuring package primary reason for bringing this Bill before the have been discussed with, and endorsed by, House—the differential between the No. 1 the majority of egg producers in this State. In Pool and No. 2 Pools is to be reduced actual fact, only yesterday in Proserpine prior gradually to 6 per cent. This change has been to the State Cabinet meeting, one of the last well canvassed within industry and in the producers to hold out signified his intent to join general community. It arose as part of the it. negotiations between me as Minister for By working together with industry, the Primary Industries, the Federal Government Goss Labor Government is building a strong and industry in relation to the sugar primary production sector in Queensland. This infrastructure package. Egg Industry (Restructuring) Bill is a prime Secondly, and at the request of the example of Labor’s success in the primary Queensland Sugar Corporation, a minor industries portfolio. It is innovative, but change is made in regard to the guidelines balanced; it is a platform for a stable egg concerning sugar quality. The change allows industry with a great future. I commend the Bill for the corporation to make standards which to the House. will detail the bonus and penalty arrangements agreed to between the Debate, on motion of Mr Perrett, corporation and the sugar millers, enabling adjourned. this key component of the buyer/seller relationship to remain confidential. Thirdly, a provision is inserted to clarify SUGAR INDUSTRY AMENDMENT BILL the extent to which a local award may allow for Hon. E. D. CASEY (Mackay—Minister for the gathering of information in regard to a Primary Industries) (11.13 p.m.), by leave, future crushing season. This arose after without notice: I move— discussions I had with a local board chairperson. The particular circumstances “That leave be granted to bring in a involved a dispute concerning grouping Bill for an Act to amend the Sugar arrangements in the Mackay area. Industry Act 1991.” Honourable members will be aware that a Motion agreed to. local board award is made in April to govern the forthcoming crushing season, and that First Reading information is used to settle that local award. Bill and Explanatory Notes presented and The amendment merely ensures that an Bill, on motion of Mr Casey, read a first time. award may provide for the gathering of that information for the next crushing season. Second Reading The opportunity is also taken in this Bill to adjust some matters relating to sugar quality Hon. E. D. CASEY (Mackay—Minister for and to remove some spent transitional Primary Industries) (11.14 p.m.): I move— provisions, to rectify a number of minor “That the Bill be now read a second drafting errors and to adjust the Act in time.” accordance with some recent changes to It is now two and a half years since the drafting practice, including those arising from Sugar Industry Act passed through this amendments to the Acts Interpretation Act. Parliament. Over those two and a half years, I commend the Bill to the House. despite one of the most serious droughts in Debate, on motion of Mr Perrett, Queensland’s history, despite continued adjourned. distortion in the world market and despite continued relatively low prices for sugar, the Queensland sugar industry has continued to CRIMINAL LAW AMENDMENT BILL grow. The Sugar Industry Act has been a Hon. D. M. WELLS (Murrumba— Minister major factor in enhancing that growth and it for Justice and Attorney-General and Minister has, despite the Opposition’s cynicism, for the Arts) (11.20 p.m.), by leave, without brought stability to an industry which was notice: I move— straining against the yoke of decades of Legislative Assembly 5473 9 November 1993

“That leave be granted to bring in a ineffective. This was a point common to a Bill for an Act to amend the Criminal large number of submissions received within Code.” the Criminal Code review project. Motion agreed to. At present, the Criminal Code provides a number of sections which could be invoked in specific circumstances where some form of First Reading violence may be anticipated by a victim but in Bill and Explanatory Notes presented and which actual violence is not caused. Such Bill, on motion of Mr Wells, read a first time. sections are 69, going armed so as to cause fear; 70, forcible entry; 71, forcible detainer; 75, threatening violence; 245, definition of Second Reading assault; 335, common assault; 308, written Hon. D. M. WELLS (Murrumba— Minister threats to murder; and 359, threats. I have for Justice and Attorney-General and Minister included sections 245 and 335 in this list for the Arts) (11. 21 p.m.): I move— because the definition provided in section 245 “That the Bill be now read a second includes “attempts or threatens to apply force time.” of any kind”. Each of those sections could be invoked in circumstances of threatening As honourable members may know, this violence even though no actual violence is Government, in the course of honouring a visited upon the potential victim. Of course, 1989 election commitment, is currently there are many other Criminal Code sections engaged in the most comprehensive review of which would apply in the event of actual Queensland’s criminal laws since the violence—either to the person or to introduction into this House in 1898 of the property—taking place. Criminal Code Bill. As part of the consultation process undertaken in 1992 and earlier this Notwithstanding those provisions which I year in connection with the review of the have identified, it is clear that the criminal law Criminal Code, a large number of submissions does not extend protection in most of the were received from community groups seeking variety of circumstances known collectively as an extension of the criminal law to cover a stalking. As this Government has taken a wide variety of situations collectively known as principled and consistent stand against the stalking. use of violence in our community, it is entirely appropriate that the sort of behaviour which is Stalking is a generic term, known to the known as stalking should be made a criminal criminal law in a number of the States of the offence. So seriously does this Government United States of America, which collectively take its responsibilities in this sphere, it is not describes a wide variety of fact situations intended to wait for the overall Criminal Code where one person may follow, contact, put review project to be introduced to this House under surveillance, or otherwise harass or before the issue of stalking is addressed. It is intimidate a second person, but stops short of this Government's view that it is in the public committing an offence against that person or interest that an offence of stalking be his or her property. In practice, the situation is introduced as soon as possible in order to seen at its most acute upon the disintegration protect, in particular, women and children who of a personal relationship where the live in fear each day of their lives. offender—aggrieved perhaps at the severance of the relationship by the victim— Violence committed against people by refuses to leave the victim alone by engaging estranged partners has made our community in conduct which ensures the victim is painfully aware of the fact that some reminded of the offender’s continuing interest individuals who may be disposed towards in the victim. violence are not deterred by restraining orders. Therefore, new measures such as that However, there are also a significant embodied in this Bill must be enacted and number of cases where the victim has been utilised without delay. stalked by a total stranger. Workers at women’s refuges have been followed or The essence of the offence contained in watched by people who may have a this Bill is to be found in the three principal continuing interest in another person who has elements proposed: firstly, the offender must taken sanctuary in a women’s refuge. In such engage in a course of conduct consisting of cases, it is evident that the stalker and the the listed acts on at least two separate potential victim are complete strangers with no occasions; secondly, the offender must intend prior history of a relationship. Clearly, in such that the potential victim be aware that the cases domestic violence legislation would be course of conduct is directed at him or her; 9 November 1993 5474 Legislative Assembly and, thirdly, the victim is, in fact, aware that Hon. D. M. WELLS (Murrumba— Minister the course of conduct is directed at him or her; for Justice and Attorney-General and Minister and, finally, the course of conduct must cause for the Arts) (11.30 p.m.), by leave, without a reasonable person in the victim's notice: I move— circumstances serious concern that an “That leave be granted to bring in a unlawful act of violence may occur. Bill for an Act to amend the Limitation of The offence has been designed in such a Actions Act 1974.” way as to encompass acts of stalking—while Motion agreed to. directed at the potential victim—which may actually be carried out against another person about whose welfare the victim would be First Reading concerned. I will give an example. A man, Bill and Explanatory Notes presented and having separated from a woman, causes the Bill, on motion of Mr Wells, read a first time. woman serious concern that an act of violence may occur against the children or her parents, or even her new partner. The offence, while Second Reading directed at the woman, will be capable of Hon. D. M. WELLS (Murrumba— Minister ensuring that the offender, in carrying out any for Justice and Attorney-General and Minister act against the person or property of the for the Arts) (11.31 p.m.): I move— children, parents or new partner, will be liable for his actions against those third parties, “That the Bill be now read a second although his actions were designed to actually time.” intimidate the woman. The time for bringing actions to recover It is intended by this Bill to ensure the moneys under an Act is limited either by that widest possible protection for those who Act or the Limitation of Actions Act. The six- justifiably fear that violence to persons or year limitation period provided by the property may ensue from the activities of the Limitation of Actions Act currently applies only stalker. The Bill also provides for two levels of where a time period is not specified in the sentences. For the straightforward offence of other relevant Act. Further, the six-year period stalking, the offender will be liable to a applies regardless of the circumstances giving maximum sentence of three years’ rise to the refund claim. imprisonment. However, if the offender, in It is inequitable that actions arising from carrying out the stalking conduct, uses or the invalidity of an Act are subject to the same threatens to use unlawful violence, or is in limitation period as actions arising from a possession of an unlawful offensive weapon, simple error in calculation. Where a person or contravenes any injunction or order seeks to challenge the fundamental nature of imposed by any court, then the maximum legislation, it is appropriate to expect such sentence which may be imposed rises to five action be taken on a timely basis. years’ imprisonment. This Bill provides for amendment of the The Government believes that the people Limitation of Actions Act to limit the period of this State are entitled to be able to go within which actions may be brought to about the lawful business of their daily lives recover moneys paid under an invalid without fear that their lives, or those of their enactment to 12 months from the date of children, are going to be disrupted by the payment. To ensure application of the unwanted interference of obsessional limitation only to actions arising from the individuals. The Government believes that the invalidity of an Act, the limitation will not apply law is entitled to require that in democratic to the recovery of moneys that would have Queensland personal relations should only be been recoverable as an overpayment had the entered into by the mutual consent of both Act been valid. parties. The Government believes that the people of Queensland are entitled to feel safe Where an Act is found to be invalid, it is in their own homes. possible that Act’s refund provisions may also fail. Where an amount is held to have been I commend this Bill to the House. exacted under an invalid statutory provision, a Debate, on motion of Mr Beanland, person’s right to a refund would not be adjourned. governed by the existing refund provision. Therefore, to provide for a limitation period in an Act in respect of an action arising from the LIMITATION OF ACTIONS AMENDMENT invalidity of that Act would not achieve the BILL required purpose. For this reason, to the Legislative Assembly 5475 9 November 1993 extent of any inconsistency with another Act, to allow for the partial transfer of access these limitation provisions will prevail over applications to other agencies under those provided in the other Act. section 26. As a transitional measure, where moneys Amendments to section 36 and 37 have were paid more than six months prior to the become necessary in the light of the recent commencement of these provisions, the decision in Fencray v. Department of the limitation period will be that which would have Premier, Economic and Trade Development applied had the amendments not been where the Information Commissioner effected, or six months from commencement, significantly narrowed the type of documents whichever expires first. The limitation period which may qualify for the Cabinet exemption. will be part of Queensland’s substantive law. That decision further gave a broad ruling This stipulation will ensure there is no about what may amount to “factual matter” so possibility of recovery actions against as to constitute an exception to the Cabinet Queensland respondents being brought in exemption. The reasons behind the another jurisdiction under cross-vesting amendment are explored in the preamble to legislation, and the statute of limitations of the Bill. that jurisdiction being applied to perhaps allow The conventions of collective and an action outside the 12-month limit. individual ministerial responsibility are I commend the Bill to the House. fundamental to democratic Government based on the Westminster system. A purpose Debate, on motion of Mr Beanland, of collective ministerial responsibility is to adjourned. ensure that Cabinet is responsible to Parliament and, through the Parliament, to the electorate. In arriving at the collective FREEDOM OF INFORMATION AMENDMENT position of the Cabinet, it is essential that BILL discussions and deliberations are candid and Hon. D. M. WELLS (Murrumba— Minister unrestricted. Part of the convention therefore for Justice and Attorney-General and Minister recognises that Cabinet papers are for the Arts) (11.33 p.m.), by leave, without confidential. Indeed, these principles were notice: I move— most recently confirmed in the High Court case Commonwealth v. Northern Land Council “That leave be granted to bring in a and Anor, decided on 21 April 1993. In a Bill for an Act to amend the Freedom of shared judgement, Chief Justice Mason and Information Act 1992.” Justices Brennan, Deane, Dawson, Gaudron Motion agreed to. and McHugh said— “It has never been doubted that it is First Reading in the public interest that the deliberations of Cabinet should remain confidential in Bill and Explanatory Notes presented and order that the members of Cabinet may Bill, on motion of Mr Wells, read a first time. exchange differing views and at the same time maintain the principle of collective Second Reading responsibility for any decision which may be made. Although Cabinet deliberations Hon. D. M. WELLS (Murrumba— Minister are sometimes disclosed in political for Justice and Attorney-General and Minister memoirs and in unofficial reports on for the Arts) (11.34 p.m.): I move— Cabinet meetings, the view has generally “That the Bill be now read a second been taken that collective responsibility time.” could not survive in practical terms if The aim of the Bill is threefold— Cabinet deliberations were not kept confidential.” to clarify the original intent of the Legislature in relation to the Cabinet and Their Honours of the High Court continued— Executive Council exemptions in sections “Despite the pressures which modern 36 and 37; society places upon the principle of to make the requirement of notification to collective responsibility, it remains an interested third parties by the Information important element in our system of Commissioner under section 74 Government. Moreover, the disclosure of discretionary in certain circumstances the deliberations of the body responsible rather than mandatory; and for the creation of State policy at the highest level, whether under the 9 November 1993 5476 Legislative Assembly

Westminster system or otherwise, is liable new substituted phrase is intended to be more to subject the members of that body to limited and precise. criticism of a premature, ill-informed or The second subject matter of the Bill misdirected nature and to divert the concerns section 74, which currently requires process from its proper course. This mere the Information Commissioner to notify all threat of disclosure is sufficient to impede relevant parties that an access application in those deliberations by muting a free and which they may have an interest may be vigorous exchange of views or by under review. Such notification is to occur encouraging lengthy discourse engaged before a review is commenced by the in with an eye to subsequent public commissioner. Because the obligation is scrutiny.” mandatory without exception, serious Their Honours continued— problems can arise when, for example, the “Whilst there is increasing public documents for which access is sought relate insistence upon the concept of open to child protection case files and matters Government, we do not think that it has involving family breakdown and family yet been suggested that members of violence. Cabinet would not be severely hampered Natural justice would subsequently in the performance of the function demand notification to any third party about expected of them if they had constantly whom highly personal information is contained to look over their shoulders at those who in a document when it is proposed to release would seek to criticise and publicise their that document. However, it would be participation in discussions in the Cabinet premature to notify all interested third parties room.” before a review has commenced in situations In that case, the justices concluded that— when knowledge of the access application would cause undue and possibly unnecessary “The public interest in avoiding trauma, for example, to victims of domestic serious damage to the proper working of violence and the like. Government at the highest level must prevail over the interests of a litigant Finally, the Bill also includes a minor seeking to vindicate private rights.” amendment to section 26 so as to allow for the partial transfer of an access application It was never the intention of the between agencies. Practical experience with Queensland Legislature to compromise the the Act has revealed that many freedom of fundamental convention of collective information applications are in terms of a ministerial responsibility by allowing the general request which can involve a accessibility of a significant amount of Cabinet substantial number of documents. In any one material under the Freedom of Information application, it is often appropriate for some, Act. Yet the effect of the Fencray decision is but not all of the documents, to be transferred to have that very result. The true intention of to another agency. The amendments will allow this Legislature was to permit the release of for partial transfer with the recipient agencies’ merely technical—not speculative—data which consent. This last matter therefore is an formed the basis of a submission to Cabinet; internal administrative matter which will not certainly not expressions of opinion of the affect the rights of applicants. sponsoring Minister and like material. I commend the Bill to the House. The Fencray decision seriously undermines the convention of collective Debate, on motion of Mr Beanland, ministerial responsibility by potentially allowing adjourned. the release of Cabinet material which may in practice reveal the particular position adopted HEALTH LEGISLATION AMENDMENT BILL by a Minister or Ministers. The amendments to the Cabinet exemption seek to clarify the Hon. K. W. HAYWARD (Kallangur— types of documents that will prima facie qualify Minister for Health) (11.40 p.m.), by leave, for the exemption, removing some of the without notice: I move— technical restrictions imposed in Fencray. “That leave be granted to bring in a Secondly, the exception to the Cabinet Bill for an Act to amend certain Acts exemption is significantly narrowed by the administered by the Minister for Health amendments. It will only extend to matter that and to repeal the Inebriates Institutions is “merely statistical, scientific or technical” Act 1896 and the Inebriates Institutions rather than “merely factual or statistical”. The Act Amendment Act 1968.” Motion agreed to. Legislative Assembly 5477 9 November 1993

and subsequently apply to the board for First Reading approved name status. Bill and Explanatory Notes presented and Honourable members should note that Bill, on motion of Mr Hayward, read a first the period of grace referred to is until 30 June time. 1994 and has been made retrospective to 18 December 1992, which was the date on which the original corporate practice provisions of Second Reading this Act commenced. This retrospectivity is Hon. K. W. HAYWARD (Kallangur— essential given that the original corporate Minister for Health) (11.41 p.m.): I move— practice provisions, which stipulated that a chiropractic and osteopathy company must be “That the Bill be now read a second registered in Queensland, actually prevented time.” compliance by some existing companies The purpose of this Bill is to amend some which were incorporated in other States. 16 Acts within the Health portfolio and to As retrospective legislation goes, these repeal the Inebriates Institutions Act 1896 and amendments are beneficial, giving all parties a the Inebriates Institutions Act Amendment Act fair chance to meet the corporate practice 1968. requirements of this Act. As honourable members may recall, in The amendments proposed to the November 1992, as part of my second- Cremation Act 1913 will remove a redundant reading speech on the Health Legislation area of Government regulation. The Amendment Bill 1992, I signalled that I would Cremation Act was originally enacted in 1913 be introducing at least one Health Legislation at a time when society viewed the regulation Amendment Bill annually to ensure that the of cremation as a health issue. The Act extensive legislative base of my portfolio provided for a system of licensing of retains its currency. This is such a Bill. crematoria by local authorities, which involved In terms of machinery amendments, this a process of applications, calling for objections Bill omits all references in 10 Acts to limitations and issuing of licences subject to conditions. preventing people 70 years of age or more The system was originally designed to from holding membership on Government ensure safeguards over the siting and bodies and committees. This amendment is establishment of crematoria, particularly in the first step in removing discriminatory relation to proximity to residential areas. In provisions from my portfolio's legislation, in recent years, however, such matters have accordance with both the substance and the become the subject of more comprehensive spirit of the Anti-Discrimination Act 1991. and sophisticated town planning legislation, Parliamentary Counsel has initiated other and in particular I refer to the Local machinery amendments to a number of Acts Government (Planning and Environment) Act amended by this Bill, in accordance with his 1990. This latter Act also provides jurisdiction charter to maintain the currency of the statute over matters relating to the siting and book. Amendments made in this manner operation of facilities such as crematoria. include substitution of “regulation” for “Order in There is a need, therefore, to ensure Council”; translation of monetary penalties into consistency and to remove the redundant penalty units; and removal of redundant parallel licensing regime which is presently definitions or provisions now covered by such provided for in the Cremation Act and which is Acts as the Acts Interpretation Act 1954 and no longer relevant to modern town planning the Statutory Instruments Act 1992. practices. I will deal with amendments of substance This Government is committed to the in the order they appear in this Bill. removal of such unnecessary and outmoded Amendments to the Chiropractors and forms of regulation, particularly those which Osteopaths Act 1979 are to provide a period place unnecessary additional imposts on the of grace during which existing companies business community and which provide no involved in the practice of chiropractic and measurable level of public protection. osteopathy can continue such practice without In repealing this unnecessary licensing penalty. This will give company officers time regime, I would make it clear that the rights of to— current crematoria operators are in no way arrange changes to the companies' jeopardised. The establishment and operation memoranda and articles of association so of those facilities will now be regulated within as to comply with section 4A of the Act; the mainstream of town planning legislation. 9 November 1993 5478 Legislative Assembly

In short, the amendments to the drawn from cancer and perinatal returns Cremation Act recognise that matters relating respectively, to the appropriate level officer in to the siting and establishment of crematoria the Commonwealth. These amendments are town-planning matters and not Health correct oversights in the original drafting of matters. these sections. The Dental Act 1971 is to be amended to The amendment to section 131Q of the provide the Dental Board with a greater Health Act creates an offence with monetary discretionary power to register, as a dental penalty for breach of a condition which is specialist, a dentist who has higher imposed on a pest control operator's licence. qualifications, two years’ experience and The offence and monetary penalty provided standing in a dental speciality. by this amendment allows an appropriate The Dental Technicians and Dental response which was missing previously for Prosthetists Act 1991 is to be amended to breach of a licence condition. allow a person who has completed a course of The major amendment to the Health training as a dental technician in Queensland Rights Commission Act 1991 is the insertion of or elsewhere to be registered as a dental new section 87A. This section allows technician. This amendment will cater for conciliators to disclose information gained registration of those people who undertake an during the conciliation process to their associate diploma course in this calling in the administrative staff. However, such people are future. then bound by the strict confidentiality The first amendment of substance to the provisions which otherwise bind conciliators in Health Act 1937 is to section 48. The this regard. proposed amendment reworks this section to The major amendment to the Medical Act create offences for deliberately or recklessly— 1939 is in relation to section 18. The omission putting someone else at risk of infection of the words “who has general registration” from a controlled notifiable disease; or allows the Medical Board of Queensland to consider for registration as a medical specialist infecting someone else with a controlled medical practitioners who hold general notifiable disease. registration or conditional registration. I am sure members will agree that society The amendments proposed to the needs some mechanism to persuade those Mental Health Act 1974 are complex and fall infected with a controlled notifiable disease, into a number of categories. Firstly, there is the most dangerous of which in our times is the insertion of new sections 73, 73A and 73B HIV, to act responsibly in relation to other relating to the Patients Trust Fund, Amenities persons. In saying that, I am not suggesting Account and Patients Advisory Committee. that the vast majority of persons who have a The purpose of these sections is to provide a controlled notifiable disease do not act clear legislative base for dealing with patients’ responsibly. However, there are always those funds. Secondly, there is the insertion of a in our society who abrogate their responsibility new Part 8 and its six major validating to others, and the amendment provides both provisions. The purpose of these provisions is a disincentive to those willing to do so and a to address past mistakes in the administration means of redress for those affected by such of this Act. I will detail the specific purpose of behaviour. each of these provisions in the order they The second substantial amendment appear. proposed for the Health Act redefines “day The new section 77 is a provision which hospital”. This amendment moves away from retrospectively assigns responsibility for prescribing in regulation the surgical or administration of Wacol Rehabilitation Clinic to medical treatment which can be given at a West Moreton Regional Health Authority. day hospital, as such a prescriptive approach Such responsibility was incorrectly assigned in is impracticable, particularly in light of rapid July 1991 by notification under the Health changes to procedures arising from new Services Act 1991. Section 77 also validates technology. The new definition also permits administration of the clinic in the period general practitioners to utilise day hospitals, between the incorrect assignment—1 July which is essential for provincial centres in the 1991—and the subsequent correct State which might not be serviced by medical assignment—6 August 1992—by Order in specialists. Council under the Inebriates Institutions Act The amendments to sections 100E and 1896. 100I of the Health Act permit the director- general to disclose information in any form, Legislative Assembly 5479 9 November 1993

New section 78 is a provision which Clause 83 of the Bill introduces a retrospectively ensures that Barrett Psychiatry provision amending clause 14 of Schedule 6, Centre and Barrett Adolescent Centre were which effectively reverses the effect of the legally established in the period from actual definition change which gave rise to new establishment until 6 August 1992, at which section 82. Although these validating time they were formally established by Order provisions are very complex, I believe that in Council under section 16 (1) of the Act. The they demonstrate my clear commitment, section also validates administration of both particularly in the sensitive area of mental centres during that period. health, to ensure that the legislative New section 79 is a provision which framework relating to mental health institutions retrospectively assigns responsibility for and to patients in such institutions is in good administration of psychiatric hospitals, security order and meticulously observed. patients hospitals and other places, as listed The major amendment to the in the Bill, to the relevant regional health Transplantation and Anatomy Act 1979 authority in the period 1 July 1991—the date concerns the definition of “tissue”. Specifically, of incorrect assignment of responsibility by it is intended that this definition be amended notification under the Health Services Act—to in two respects. Firstly, to clarify that an organ, 6 August 1992—the date on which blood or part of a human foetus, or a responsibility for administration was correctly substance from an organ, blood or part of a assigned by Order in Council under section human foetus falls within the definition of 16 (3) of the Mental Health Act. The provision “tissue”. This amendment has been included also validates the administration of such to expel any doubt that a human foetus or facilities by relevant authorities during that human foetal tissue may not be sold or used period. for commercial purposes. Secondly, the definition is to be amended to clearly specify New section 80 is a provision validating those substances which are exempt from the withdrawal of maintenance charges from the definition of “tissue” for the purposes of this Patients Trust Fund and application of interest Act by listing them within the definition rather derived from such fund for the benefit of than by Order in Council. patients in general. The validation covers the period 1 July 1991 to commencement of this Finally, it gives me considerable pleasure section. The need for this section arises from to propose to this House the repeal of the there not being a legislative head of power Inebriates Institutions Act 1896 and its 1986 providing directly for such automatic amendment Act. The principal Act is archaic deductions or interest application. and is now redundant. New section 81 is a provision validating I commend the Bill to the honourable the imposition of maintenance charges on members of this House. patients in security patients hospitals and Debate, on motion of Mr FitzGerald, other places from 9 September 1989 to adjourned. commencement of this section. The need for this section arises because although the regulationÐmaking head of power was wide MIXED USE DEVELOPMENT AMENDMENT enough for a regulation to be made imposing BILL maintenance charges on patients in security Hon. T. M. MACKENROTH patients hospitals and other places, the (Chatsworth—Minister for Housing, Local regulation made referred only to psychiatric Government and Planning) (11.54 p.m.), by hospitals—Regulation 63 of the Mental Health leave, without notice: I move— Services Regulations 1985. This provision will “That leave be granted to bring in a be commenced concurrent with the Bill for an Act to amend the Mixed Use commencement of an amended Regulation Development Act 1993.” 63. Motion agreed to. New section 82 is a provision validating the imposition of maintenance charges on patients in psychiatric hospitals in the period 1 First Reading July 1991 to the commencement of the Bill and Explanatory Notes presented and section. The need for this validating provision Bill, on motion of Mr Mackenroth, read a first arises because a definition change inserted time. into the Mental Health Act by the Health Services Act on 1 July 1991 unintentionally made Regulation 63 ultra vires the Act. Second Reading 9 November 1993 5480 Legislative Assembly

Hon. T. M. MACKENROTH Because of the heavy capital costs for (Chatsworth—Minister for Housing, Local the company in removing the wharves and Government and Planning) (11.55 p.m.): I providing the public boardwalk, it is always the move— intention of the company to implement the “That the Bill be now read a second development in four separate stages. In order time.” to carry out the staged development, it was proposed to use the Building Units and Group Proposals to redevelop Bretts Wharf and Titles Act with amendments made to it which the adjacent lands which are mainly Crown provided for the staged implementation of lands under the control of the Port of Brisbane these types of development. It will be recalled Authority at Hamilton have existed for at least that because amendments of this type had the past 10 years. This project was the the potential to affect the interests of a large nucleus for a major study being commissioned number of lot owners, the proposed by the former Government several years ago amendment to this Act were withdrawn from which was subsequently abandoned because the Parliament some 12 months ago so that the problems of competing land uses and more detailed work could be carried out on traffic resolution appeared to be too hard to them. resolve. It is the view of the Government that this It is a matter of record that Bretts has development should be supported, and on pursued the matter of redeveloping its site this basis it was determined that the only tenaciously and, as a consequence, legislative vehicle available to provide for the developed a scheme of redevelopment for the staging of the construction program and the area which was considered to be eminently introduction of a proper hierarchical suitable for the area. The company, Bretts management structure was the Mixed Use Wharves and Stevedoring Co. Pty Limited, Development Act with appropriate approached the Government seeking support amendments. This Bill introduces those for its proposals and, as a consequence of the amendments which are necessary to enable company’s long association with the wharves the development to proceed. and the area generally, a deed of agreement was entered into between the company, the The Bill creates an additional Part, State Government and the Port of Brisbane namely, Part 12, which is site specific and is Authority in June 1992. This agreement designed to have a limited life so that the permitted the company to carry out long-term integrity of the Mixed Use investigations into available options for a Development Act will be maintained. In redevelopment of the area and also for it to addressing certain difficulties which flow from obtain preliminary approvals to a scheme of the implementation of subsequent stages of redevelopment from the Brisbane City Council. development, a number of minor The approval of the council, subject to a amendments are proposed for the main body number of conditions, has been obtained by of the Act, which will be beneficial for other the company and includes, amongst other users of the provisions of the Act. These things, works of demolition of the wharves and provisions relate to machinery matters such as the construction and ongoing maintenance of meeting dates and the ability to change these a public boardwalk along the whole river so that proper budgetary sequences can be frontage of the site. installed. The development itself comprises a small The opportunity has also been taken to shopping facility adjoining a quality residential correct minor typographical errors in both the development on a separate adjoining Mixed Use Development Act and the development site. The residential component Integrated Resort Development Act. contains approximately 112 residential units, I commend the Bill to the House. which are to be provided in the form of Debate, on motion of Mr FitzGerald, accommodation units in three separate towers adjourned. and some 20 low-level townhouses or villas. A feature of the development is that all of the residential buildings are to be constructed on ADJOURNMENT a landscaped podium, which is to provide Hon. T. M. MACKENROTH support and amenity for the whole development and, at the same time, cover for (Chatsworth—Leader of the House) an integrated underground car park and (12 midnight): I move— community facilities to serve the needs of all “That the House do now adjourn.” people who have resort to the area. Legislative Assembly 5481 9 November 1993

Government Services in Home Hill kilometres” from Ayr, so why treat the Mr STONEMAN (Burdekin) (12 midnight): community as anything other than a suburb of Once again, I must raise the issue of essential Ayr, which is in turn being treated as a suburb services that are under threat in the town of of Townsville. They overlook the impact that Home Hill, which is a substantial community in such service removal has on community my electorate. Since the advent of this morale. They treat the public service Government, that town and its people have personnel who provide the services to the had to endure a constant barrage of review, community as just a series of numbers in a revision and service diminution, simply, it computer print-out. They ignore the upheaval would seem, because of its proximity to the to those who are losing services and to those somewhat larger centre of Ayr. who are losing jobs. They care little about the impact on the children of those families in the During the past four years, the hospitals, the railways and the courthouses, community of Home Hill has seen the closure etc., for whom that community is home. of the courthouse and its various services; the In this case, they also ignore the strategic removal of a number of direct services fact that Home Hill is separated from Ayr by previously available at the railway station; and the largest river in the State—a river that is the constant threat to the hospital and all that bridged by a narrow construction 1 000 feet that means to any community. Added to that longer than the Sydney Harbour Bridge for is the devastation caused by the removal of which there is no alternative crossing. In time real community input into fire services, the of flood or traffic accident on the bridge or ambulance and the hospital by way of similar disaster, the nearest alternative community-based boards. hospital facility is over 100 kilometres away in Last week, I received a letter from the Bowen. Ayr may as well be on the moon president of the Home Hill Chamber of under such circumstances. With literally Commerce attaching extracts from hundreds of trains and almost 50 000 vehicles departmental proposals to further reduce rail per week crossing the bridge, a major and health services. The president said in stoppage is only a matter of time. What part— happens then to the heart attack victim, the pregnant mother, the accident victim, the sick “Should these strategies be adopted child because there is no alternative crossing the effect on Home Hill will be profound. and a helicopter is at least an hour Already Home Hill people and businesses away—always assuming one is available and are becoming demoralised because of the weather reasonable? this Government’s constant nibbling at Must this debate go on forever, or will the our basic services. The anger and people of Home Hill only be free of this frustration is increasing.” constant pecking away when the Goss He went on— Government and its meddling social “I am seeking your assistance in mechanics are thrown out? Surely reality and forming a plan of attack to stop these compassion must prevail, just as surely as this draft strategies . . . Home Hill cannot community and I, as its elected survive if we lose so many family jobs.” representative, will not simply sit by quietly and let a wonderful community have its soul This is not just a cry from the heart of the destroyed. community, it is a cry from the very core of our society—the core that provides the wherewithal that previously confidently Townsville Port Authority Board produced the wealth of the State with the Mr DAVIES (Mundingburra) (12.05 a.m.): knowledge that, regardless of commodity Yesterday, at the regional Cabinet meeting price, season and general economic held in Proserpine, the entire board of the conditions, at least base facilities provided by Townsville Port Authority was reappointed. the taxpayers’ dollar would always be there. Mike Reynolds, a former ALP Mayor of This is a community that is being nibbled at by Townsville, was reappointed as chairman. Max a Government as a rat might nibble away at Hooper, a former National Party Tourism the corner of a bag of grain, allowing the Minister, was reappointed as deputy contents to spill out and become useless and chairman. The other members who were non-productive waste. reappointed are Don Brown, chief manager, In the eyes of the bureaucrats, who are CSR, Burdekin; Toula Cassimatis, a well- being driven by the philosophy of a centralist known Townsville businesswoman and Government, Home Hill people are “just a few president of the Greek community; Tony 9 November 1993 5482 Legislative Assembly

Mooney, the Mayor of Townsville; Dale Parker, Townsville Port Authority has done an a retired stevedore; and Bill Douglas, outstanding job in its development of the manager, Rider Hunt, Townsville. I support the port of Townsville. During the reappointment of the entire board for one chairmanship of Mike Reynolds, there basic reason—they have performed. has been an increase in trade through In the last three years, the Townsville Port that port. I place on record my Authority has grown at an incredible rate. The appreciation of the working relationship $90m upgrade of the port is the largest that I have had with Mike Reynolds in redevelopment in living memory. Predictably, that role. He is a very inexpensive the member for Burdekin, Mr Stoneman, is chairman to maintain. critical. To quote him from today’s Townsville Members of the Liberal Party tried to Bulletin— make some snide comments about the “The crony system is alive and well in costs involved with Mike Reynolds having the Labor Party.” to travel to Townsville to undertake his responsibilities as chairman of that port I should not have to tell Mr Stoneman that authority. I point out to the honourable while Mike Reynolds is in the Labor Party, and members that the chairmanship of the has been for a long time, Max Hooper port of Townsville costs only about half of certainly is not, nor has he ever been. what it did when the Chairman of the Mr Stoneman interjected. Townsville Port Authority came from the Mr SPEAKER: Order! The member for Burdekin—when he was a mate of the Burdekin! National Party Government. We might run lean, mean, cost-efficient operations, Mr DAVIES: Mr Hooper was a National but I make no apology for calling upon Party Minister. I am not sure whether he is still the talent of the best people to do that a member of the National Party. Unlike Mr job.” Stoneman, I am prepared to judge people on merit. Mike Reynolds, as chairman, has done Mr De Lacy: He is a lot better than Mr a great job. Max Hooper, as deputy chairman, Beanland. has also done a good job in his capacity as Mr DAVIES: Mr Beanland had a few the loyal and capable deputy. It matters not to things to say on 7 October in relation to Mike me that Mike Reynolds was a Labor mayor, Reynolds— nor that Max Hooper was a National Party “I appreciate that he is on Minister in a Bjelke-Petersen Government. secondment and that at some stage he Max Hooper also is a former Mayor of may return to Townsville.” Townsville. I have good news for Mr Beanland. He is The Townsville Port Authority board is returning to Townsville. It was announced on exceptionally fortunate to have two former Friday that he will be returning to Townsville to mayors and the current Mayor of Townsville as resume his work at James Cook University. members. They were also members of the previous board. In fact, the whole board is a Mr Beanland then went on to say— quality board. It is well balanced. It has been “However, that scenario does not selected on merit and experience in both augur well for the port authority and is public administration and the private sector. unprofessional.” Mr Stoneman and, recently, the member Time expired. for Indooroopilly, Mr Beanland, have been critical of the fact that Mike Reynolds has been domiciled in Canberra for the last one Bardon Professional Development Centre and a bit years. On 7 October 1993, in his Mr BEANLAND (Indooroopilly) reply to the Transport Estimates debate, the (12.10 a.m.): Tonight, I am going to address Minister for Transport stated— the sale of the Bardon Professional “I know that some honourable Development Centre by this Goss Labor members opposite really cannot help Government and the devastating effect this is themselves when they get an opportunity going to have on the foothills of Mount Coot- to make a snide comment. The arch tha, the neighbouring Bardon State School, architect of the snide comment would the wildlife and environment of Mount Coot- have to be the member for Indooroopilly, tha and the Bardon suburb itself. Some weeks who took the opportunity to make some ago, this Government called for tenders for snide comments about the Chairman of the purchase of the site in Simpsons Road, the Townsville Port Authority. The Bardon. In the course of this occurring, Legislative Assembly 5483 9 November 1993 residents throughout Brisbane have rallied Bardon Professional Development Centre land against the Government’s decision, recalling has been excluded. A black hole exists where the positive contribution that the centre has this land is concerned. Development control made to education in this State. plans conveniently commence on all sides of Last week, on 4 November, the Bardon the professional development centre, but no State School P & C held a special meeting to plan, no map, includes this site. The Labor discuss their need to have returned to the council has got into bed with this disgusting school part of portion 704 of that land that is Government to deceive the people of no longer part of the school reserve, but is Brisbane. Clearly, the people of Bardon and part of the professional development centre. I other parts of Brisbane can have no faith in should mention that the fence has been the council’s development control plans. The relocated some three times to exclude this public have heard a lot from Labor about no part of portion 704 that is no longer part of the more ministerial rezonings, but this little caper school reserve. The meeting was chaired by turns ministerial rezonings into an art form. the P & C president, Mrs Judith Carne—a For the benefit of country members who name I am sure is familiar to some members may not be aware of the site of the through the Goss Downey & Carne professional development centre, I tell them connection. that it is at the foothills of Mount Coot-tha. It It was raised at the meeting that a contains significant strands of a variety of discussion had been held and that the school trees, and has an abundance of wildlife, with a would be given some $250,000 worth of wildlife corridor along Ithaca Creek. This roadworks within the school grounds for an off- corridor was established 15 years ago—well road set down and pick-up area for children. I before the people ever believed that they understand that the president wanted to would face a Government made up of vandals accept the money. However, the P & C voted intent on destroying such a picturesque, overwhelmingly against the proposal and valuable, environmental area. So much for the instead wanted the traffic problems in so-called environmental concerns of the Simpsons Road addressed with a roundabout Minister for Education! constructed at the top of the hill just past the The member for Mount Coot-tha long school where land would be available, ago sold out her constituents, the people of together with some roadworks in Simpsons Bardon, whom she pretends to represent not Road itself. Further, the P & C overwhelmingly only with her silence on this issue but also with decided to press the Government for the her failure to stand up. Instead, she decided retention of that part of portion 704 that is to put Labor first and her electorate last. currently part of the professional development To date, there has been a complete lack centre and its return to the school. of community consultation by this However, it was made clear by the Government, which is now intent on bullying president that the $250,000 bribe offer from the Bardon State School P & C into the Government was on a one-off, take it or submission, having successfully forced the leave it basis. In other words, “Roll over and Labor city council to toe the line. I challenge keep quiet. Do as you are told or, alternatively, the Minister for Education and his the P & C and the children will be treated with Government to place the tenders received on contempt.” I might mention that the member public display for 60 days so that the public for Mount Coot-tha failed to attend that can have a say in what is to happen to this special meeting. We find that this is another land should this Government not see common example of the Government selling out the sense and back off the sale, and retain this school children of this State for profit—for the significant area of land and the building as an almighty dollar. Some time ago, this Labor education centre. Government wrote to the council in relation to Time expired. this redevelopment. The council replied that it supported the residential development. This was supported by the local alderman, who Railway Stations, Kurwongbah Electorate voted against the wishes of her constituents on this issue. She also sold them out to toe Mrs WOODGATE (Kurwongbah) the Labor line. Since then, the deafening (12.15 a.m.): Tonight, I would like to voice my silence from this alderman has been quite appreciation of the major investment that extraordinary. Queensland Rail has made to the safety and A careful check of the Mount Coot-tha comfort of rail commuters in my Kurwongbah development control plan will show that the electorate. Recently, a $1.3m upgrade has been made to Strathpine, Lawnton and Bald 9 November 1993 5484 Legislative Assembly

Hills Railway Stations. Just a few months ago, the resurfacing of the platform including the similar improvements were made to both Bray painting of the coping stones on the platform Park and Petrie Railway Stations. This means edge to assist with safe boarding of trains; that every railway station in my electorate from new signage and improved lighting; new Petrie to Bald Hills has now taken on a new seating, new rubbish bins; and the installation appearance. of an emergency-help phone and public These improvements have been made Telecom phones. under Queensland Rail’s Operation Facelift One other improvement which has been program. When the Minister, David Hamill, of great help to the users of the rail service visited the Strathpine Railway Station on 24 has been the installation of a ramp for September to officially open the upgraded commuters disembarking at Strathpine. The station, he advised that the railway stations at ramp has been sorely needed for many years Lawnton, Bald Hills and Strathpine are used for the senior citizens, who have found it quite by more than 850 000 00 rail passengers an effort to climb up the steps over the railway each year. Better lighting has been installed, line to access the Senior Citizens Centre, which greatly improves vision on platform which is located adjacent to the Strathpine areas, and emergency help phones have Railway Station. The senior citizens out my been installed. I have been contacted by way had been asking the previous dozens of women who have telephoned me Government for quite some time for that. I to express their appreciation that these was in the council at the time. We did our best phones have been installed. In addition, the to make representations, and asked the provision of a public telephone removes that Government to give consideration to the element of danger which existed when provision of a ramp, especially for wheelchair women, both young and old, had to walk users. Mothers with prams and strollers also some distance to a public telephone to call had difficulty in negotiating the stairs over the home to arrange to be collected at the station. railway lines, and always had to depend on For the information of honourable the goodwill and availability of a station members who do not have the luxury of attendant to assist with carrying the prams up suburban railway stations in their electorates, I the stairs. will tell them a little bit about Operation I want to place on record here tonight my Facelift. It is a multimillion-dollar initiative of thanks to Minister Hamill who, on receiving a Queensland Rail, which will eventually request from me to assess the situation, acted transform 76 stations in Brisbane and major quickly in instructing officers of Queensland regional areas. Operation Facelift is a Rail to take a look at what could be done to customer focus initiative which improves safety rectify a most unsatisfactory situation. and comfort for rail passengers. The whole The rest is history. We now have in place idea is to attract more people to the a ramp which is readily accessible for people convenience of airconditioned, suburban train with children in prams or strollers; people in travel, and so help to keep cars out of the wheelchairs, and the elderly, for whom inner city. climbing the stairs over the railway line was In my Kurwongbah electorate, Operation akin to climbing Mount Everest. I am most Facelift has now transformed five run down grateful for this recognition of a problem by and tired old railway stations into the leading the Minister and the department, and the lights of the Brisbane rail network. I am prompt action which followed. confident that the upgrading will attract more At the official opening of the new patronage to the suburban system. Rail Strathpine station on 24 September, the service is a strong growth corridor in the representatives of local community groups northern suburbs. As I mentioned previously, met with the Minster, and all were unanimous this last financial year, 864 000 passenger in their praise for the upgrading of the journeys were undertaken to and from stations. They also expressed their gratitude Strathpine, Lawnton and Bald Hills stations. for the way in which the new timetables had These figures are surely a real indication of been implemented. Input was sought and the importance of electric rail to the local acted upon from daily commuters. Sure, there community. I would like to list some of the have been hiccups since then and some improvements to those stations: the finetuning but, generally, people were and are construction of new brick and tile station acceptable to the rearranging of timetables buildings including passenger waiting areas, throughout the Brisbane suburban rail system. ticketing facilities, office facilities and toilets; It is not an easy job. If we are to work towards the construction of new passenger shelters; keeping cars out of the inner-city area, people Legislative Assembly 5485 9 November 1993 must be wooed back to using public transport, the opinion that they were not getting the right and it is very pleasing to see that Queensland back-up from superior officers. Rail, with the Operation Facelift program, has Members may recall that during the taken the first steps down this path. Many debate on the Estimates of the Department of people will surely be attracted to the Family Services, the member for Toowoomba convenience of air-conditioned, suburban train North spoke at length about some of the travel with user-friendly suburban stations. ridiculous procedures that had been put in place. For example, if there were a Westbrook Youth Centre disturbance between youths in the centre, the staff members, the youth officers, were under Mr LITTLEPROUD (Western Downs) instruction to go to the young fellows and say, (12.20 a.m.): Tonight, I want to talk about “Stop!” They had to say it three times. They some management changes that are finally were not to interfere or put a hand on the taking place at the Westbrook Youth Centre, offenders, because that could leave them which is established just west of Toowoomba. open to allegations of assault. It is the responsibility of the the Child Protection Section of the Department of They would just say “Stop” three times. If Family Services. It is a place where the very the offenders did not stop, the youth officers worst of male juveniles are put into detention had to find a superior, who would come to the because of their misdemeanours in the scene and keep repeating the same thing. community. It is not a very nice place. It is not When we think that we are talking about very nice people who are placed there. In young fellows who have been charged with other cases, people whose lives are very murder or serious assault, those sorts of disturbed are placed there. managerial instructions were quite ridiculous. On top of that, often when things were finally Probably the most notorious of all of the put in place and the offenders were put in the inmates there at the present time is the chap detention unit at about 9 o’clock at night, who is alleged to have murdered Dermott those same young blokes would be back out Tiernan, the publican at Murgon, some time at 7 o’clock the next morning having breakfast ago. That gives members some idea of the and enjoying all of the other privileges that are sort of person that must be looked after at afforded to all the other inmates of the that place. Westbrook Youth Centre. Because of my responsibility as shadow I thought so seriously about what I had Minister for Family Services, earlier this year I seen and heard that, on 20 April, I wrote to was contacted by people who have the Minister and suggested that for the good associations with the Westbrook Youth Centre of the young people who are in detention and also by the member for Toowoomba there and for the good of the quite committed North, Mr Healy. They were concerned that staff—many of them have served there for 15 there had been an increase in violence and to 20 years—new management procedures disturbances within the centre. Those had to be put in place. In particular, the senior disturbances included attacks on inmates by staff had to back up the youth officers who other inmates and also attacks by inmates on were working at the coalface. the staff. That is a pretty serious situation. There have also been attempted break-outs It came to my attention just last week or and riots within the various compounds in the the week before that the divisional head had Westbrook Youth Centre itself. gone out to Westbrook. Immediately after his inspection of the place, he had transferred I took the trouble to visit the centre and both the manager and the deputy manager speak to the staff. I was shown the various out of that centre to elsewhere within the places where incidents had occurred. I also department. He also informed the staff that had the opportunity later on to speak to some the style of management would be changed of the youth officers privately and also to to the style that the youth officers themselves speak to other people who have an had requested. I am pleased to see it association with the centre. It became very happen, but I am a bit suspicious that the clear to me that the biggest problem in the Minister, even though she wrote back and place was not a lack of resources but the style said the place was under constant review, had of management. I could explain it by saying recognised that I had hit upon something that that the youth officers, those people who work was a real problem. But to give it some sort of at the coalface helping these young fellows respectability, she wanted to ignore my rehabilitate themselves, supervising their suggestion and left it for six or seven months movements throughout the centre and before she did something about it. It is a pity helping them with their trade training, were of 9 November 1993 5486 Legislative Assembly that she took so long, but I do acknowledge successfully appealed to the High Court over that changes have been made for the the issue of abolishing the Legislative Council betterment of the centre and for those young in Queensland. Major reforms in labour and people who are serving their detention there. industrial relations, as well as a new deal for primary producers, were hallmarks of his administration. It is a little known fact that T. J. Ryan Ryan played a significant role within the Mr PALASZCZUK (Inala) (12.25 a.m.): Federal parliamentary Labor Party. Ryan was The presence of the statue of T. J. Ryan invited by the Federal Executive of the within the precincts of the Parliament, even if Australian Labor Party—the first and only time on a temporary basis, brought to my mind this happened—to run for Federal Parliament. what Queensland owes this man. It is even In 1919, he was elected to the New more fitting that the statue graces this place South Wales Federal seat of West Sydney. In when the Labor Party is about to celebrate the September 1920, he became what was then centenary of its caucus next week. In 1909, T. called the Assistant Leader of the Federal J. Ryan was elected to represent the seat of parliamentary Labor Party. In his biography of Barcoo in the Queensland Parliament. He T. J. Ryan, Denis Murphy pointed out that— became in 1912. His term as Premier, which lasted until 1919, is “. . . by all canons and precedents of noted as a period of great reform not only for Australian colonial and Federal politics, Queensland but also for Australia. Ryan should have either been on the Supreme Court or High Court bench or He championed causes still dear to the under serious consideration as an hearts of Labor Party members some 72 appointee, not beginning a new political years later. Ryan fought for industrial career at the Federal level.” democracy. He fought for the rights of individuals to have guaranteed minimum Ryan was a man of genial personality wages. He fought for the rights of workers to and a man with great legal knowledge. He work in a safe environment. These issues are had been expected by political supporters and still relevant to us today. We continue to battle opponents alike to become Labor’s next the conservatives who think that the only way Prime Minister. to prosperity is through lower wages and lower While in the Federal arena, Ryan was not standards for the people in this country who one to remain silent. With his mastery of the work for a living. Standing Orders of the Federal Parliament, Ryan had a great commitment to social combined with his superior political and legal justice through law reform. This has been and knowledge, he was formidable. He was more still is a strong tradition of the Australian Labor than a match for Billy Hughes. In constitutional Party in ensuring that all Australians share in matters, Ryan made his mark. In the area of the wealth of this country. The philosophy of the power of corporations, Ryan was 50 years our party is that we are all under one law. No ahead of the slow pace of conventional Australian is more equal than another. The constitutional interpretation. task we have faced over many years is to Then, unfortunately, tragedy struck. make sure that justice is not dispensed to only Unfortunately for Australia, Ryan’s career in those who are able to pay for it. Federal Parliament was cut short by his Ryan was very much ahead of his time in untimely death in 1921 at the age of 45. advocating certain changes. He brought about Motion agreed to. universal suffrage by introducing the vote for The House adjourned at 12.29 a.m. women, and fought for the abolition of the (Wednesday). death penalty. Ryan advocated the vote for 18-year-olds, which was not implemented until Gough Whitlam became Prime Minister of Australia in 1972. Thomas Joseph Ryan was born in 1876 in Melbourne. He was the son of an Irish farmer. He obtained his Bachelor of Arts degree from the , and later gained his Bachelor of Laws while still teaching at Rockhampton Grammar School. He was admitted to the Queensland Bar in 1901. During his time as Premier, Ryan