EXTRACT FROM BOOK
PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE COUNCIL
FIFTY-SIXTH PARLIAMENT
FIRST SESSION
Wednesday, 14 October 2009 (Extract from book 14)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor Professor DAVID de KRETSER, AC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier, Minister for Veterans’ Affairs and Minister for Multicultural Affairs...... The Hon. J. M. Brumby, MP
Deputy Premier, Attorney-General and Minister for Racing...... The Hon. R. J. Hulls, MP
Treasurer, Minister for Information and Communication Technology, The Hon. J. Lenders, MLC and Minister for Financial Services......
Minister for Regional and Rural Development, and Minister for Skills and Workforce Participation...... The Hon. J. M. Allan, MP
Minister for Health...... The Hon. D. M. Andrews, MP
Minister for Community Development and Minister for Energy and Resources...... The Hon. P. Batchelor, MP
Minister for Police and Emergency Services, and Minister for Corrections...... The Hon. R. G. Cameron, MP
Minister for Agriculture and Minister for Small Business...... The Hon. J. Helper, MP
Minister for Finance, WorkCover and the Transport Accident Commission, Minister for Water and Minister for Tourism and Major Events...... The Hon. T. J. Holding, MP
Minister for Environment and Climate Change, and Minister for Innovation...... The Hon. G. W. Jennings, MLC
Minister for Public Transport and Minister for the Arts...... The Hon. L. J. Kosky, MP
Minister for Planning...... The Hon. J. M. Madden, MLC
Minister for Sport, Recreation and Youth Affairs, and Minister Assisting the Premier on Multicultural Affairs...... The Hon. J. A. Merlino, MP
Minister for Children and Early Childhood Development, and Minister for Women’s Affairs...... The Hon. M. V. Morand, MP
Minister for Mental Health, Minister for Community Services and Minister for Senior Victorians...... The Hon. L. M. Neville, MP
Minister for Industry and Trade, and Minister for Industrial Relations.... The Hon. M. P. Pakula, MLC
Minister for Roads and Ports, and Minister for Major Projects...... The Hon. T. H. Pallas, MP
Minister for Education...... The Hon. B. J. Pike, MP
Minister for Gaming, Minister for Consumer Affairs and Minister Assisting the Premier on Veterans’ Affairs...... The Hon. A. G. Robinson, MP
Minister for Housing, Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. R. W. Wynne, MP
Cabinet Secretary...... Mr A. G. Lupton, MP
Legislative Council committees Legislation Committee — Mr Atkinson, Ms Broad, Mrs Coote, Mr Drum, Ms Mikakos, Ms Pennicuik and Ms Pulford. Privileges Committee — Ms Darveniza, Mr D. Davis, Mr Drum, Mr Jennings, Ms Mikakos, Ms Pennicuik and Mr Rich-Phillips. Select Committee on Train Services — Mr Atkinson, Mr Barber, Mr Drum, Ms Huppert, Mr Leane, Mr O’Donohue and Mr Viney. Standing Committee on Finance and Public Administration — Mr Barber, Ms Broad, Mr Guy, Mr Hall, Mr Kavanagh, Mr Rich-Phillips and Mr Viney. Standing Orders Committee — The President, Mr Dalla-Riva, Mr D. Davis, Mr Hall, Mr Lenders, Ms Pennicuik and Mr Viney. Joint committees Dispute Resolution Committee — (Council): Mr D. Davis, Mr Hall, Mr Jennings, Mr Lenders and Ms Pennicuik. (Assembly): Mr Batchelor, Mr Cameron, Mr Clark, Mr Holding, Mr Lupton, Mr McIntosh and Mr Walsh. Drugs and Crime Prevention Committee — (Council): Mrs Coote, Mr Leane and Ms Mikakos. (Assembly): Ms Beattie, Mr Delahunty, Mrs Maddigan and Mr Morris. Economic Development and Infrastructure Committee — (Council): Mr Atkinson, Mr D. Davis and Mr Tee. (Assembly): Ms Campbell, Mr Crisp, Mr Lim and Ms Thomson. Education and Training Committee — (Council): Mr Elasmar and Mr Hall. (Assembly): Mr Dixon, Dr Harkness, Mr Herbert, Mr Howard and Mr Kotsiras. Electoral Matters Committee — (Council): Ms Broad, Mr P. Davis and Mr Somyurek. (Assembly): Ms Campbell, Mr O’Brien, Mr Scott and Mr Thompson. Environment and Natural Resources Committee — (Council): Mrs Petrovich and Mr Viney. (Assembly): Ms Duncan, Mrs Fyffe, Mr Ingram, Ms Lobato, Mr Pandazopoulos and Mr Walsh. Family and Community Development Committee — (Council): Mr Finn and Mr Scheffer. (Assembly): Ms Kairouz, Mr Noonan, Mr Perera, Mrs Powell and Ms Wooldridge. House Committee — (Council): The President (ex officio), Mr Atkinson, Ms Darveniza, Mr Drum, Mr Eideh and Ms Hartland. (Assembly): The Speaker (ex officio), Ms Beattie, Mr Delahunty, Mr Howard, Mr Kotsiras, Mr Scott and Mr K. Smith. Law Reform Committee — (Council): Mrs Kronberg and Mr Scheffer. (Assembly): Mr Brooks, Mr Clark, Mr Donnellan, Mr Foley and Mrs Victoria. Outer Suburban/Interface Services and Development Committee — (Council): Mr Elasmar, Mr Guy and Ms Hartland. (Assembly): Ms Green, Mr Hodgett, Mr Nardella, Mr Seitz and Mr K. Smith. Public Accounts and Estimates Committee — (Council): Mr Dalla-Riva, Ms Huppert, Ms Pennicuik and Mr Rich-Phillips. (Assembly): Ms Munt, Mr Noonan, Mr Scott, Mr Stensholt, Dr Sykes and Mr Wells. Road Safety Committee — (Council): Mr Koch and Mr Leane. (Assembly): Mr Eren, Mr Langdon, Mr Tilley, Mr Trezise and Mr Weller. Rural and Regional Committee — (Council): Ms Darveniza, Mr Drum, Ms Lovell, Ms Tierney and Mr Vogels. (Assembly): Ms Marshall and Mr Northe. Scrutiny of Acts and Regulations Committee — (Council): Mr Eideh, Mr O’Donohue, Mrs Peulich and Ms Pulford. (Assembly): Mr Brooks, Mr Carli, Mr Jasper, Mr Languiller and Mr R. Smith. Heads of parliamentary departments Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Dr S. O’Kane
MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-SIXTH PARLIAMENT — FIRST SESSION
President: The Hon. R. F. SMITH Deputy President: Mr BRUCE ATKINSON Acting Presidents: Mr Eideh, Mr Elasmar, Mr Finn, Mr Leane, Ms Pennicuik, Mrs Peulich, Ms Pulford, Mr Somyurek and Mr Vogels Leader of the Government: Mr JOHN LENDERS Deputy Leader of the Government: Mr GAVIN JENNINGS Leader of the Opposition: Mr DAVID DAVIS Deputy Leader of the Opposition: Ms WENDY LOVELL Leader of The Nationals: Mr PETER HALL Deputy Leader of The Nationals: Mr DAMIAN DRUM
Member Region Party Member Region Party Atkinson, Mr Bruce Norman Eastern Metropolitan LP Leane, Mr Shaun Leo Eastern Metropolitan ALP Barber, Mr Gregory John Northern Metropolitan Greens Lenders, Mr John Southern Metropolitan ALP Broad, Ms Candy Celeste Northern Victoria ALP Lovell, Ms Wendy Ann Northern Victoria LP Coote, Mrs Andrea Southern Metropolitan LP Madden, Hon. Justin Mark Western Metropolitan ALP Dalla-Riva, Mr Richard Alex Gordon Eastern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Darveniza, Ms Kaye Mary Northern Victoria ALP O’Donohue, Mr Edward John Eastern Victoria LP Davis, Mr David McLean Southern Metropolitan LP Pakula, Hon. Martin Philip Western Metropolitan ALP Davis, Mr Philip Rivers Eastern Victoria LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin Northern Victoria Nats Petrovich, Mrs Donna-Lee Northern Victoria LP Eideh, Mr Khalil M. Western Metropolitan ALP Peulich, Mrs Inga South Eastern Metropolitan LP Elasmar, Mr Nazih Northern Metropolitan ALP Pulford, Ms Jaala Lee Western Victoria ALP Finn, Mr Bernard Thomas C. Western Metropolitan LP Rich-Phillips, Mr Gordon Kenneth South Eastern Metropolitan LP Guy, Mr Matthew Jason Northern Metropolitan LP Scheffer, Mr Johan Emiel Eastern Victoria ALP Hall, Mr Peter Ronald Eastern Victoria Nats Smith, Hon. Robert Frederick South Eastern Metropolitan ALP Hartland, Ms Colleen Mildred Western Metropolitan Greens Somyurek, Mr Adem South Eastern Metropolitan ALP Huppert, Ms Jennifer Sue1 Southern Metropolitan ALP Tee, Mr Brian Lennox Eastern Metropolitan ALP Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Theophanous, Hon. Theo Charles Northern Metropolitan ALP Kavanagh, Mr Peter Damian Western Victoria DLP Thornley, Mr Evan William2 Southern Metropolitan ALP Koch, Mr David Frank Western Victoria LP Tierney, Ms Gayle Anne Western Victoria ALP Kronberg, Mrs Janice Susan Eastern Metropolitan LP Viney, Mr Matthew Shaw Eastern Victoria ALP Vogels, Mr John Adrian Western Victoria LP
1 Appointed 3 February 2009 2 Resigned 9 January 2009
CONTENTS
WEDNESDAY, 14 OCTOBER 2009 BUSINESS OF THE HOUSE Notices of motion and orders of the day...... 4966 PETITIONS Orders of the day ...... 4974 Housing: Moorabbin...... 4897 ENERGY AND RESOURCES LEGISLATION Box Hill Hospital: funding...... 4897 AMENDMENT BILL Water: north–south pipeline ...... 4897 Second reading ...... 4967 PARLIAMENTARY DEPARTMENTS Third reading ...... 4974 Reports 2008–09 ...... 4897 POLICE REGULATION AMENDMENT BILL PAPERS...... 4897 Second reading ...... 4974 MEMBERS STATEMENTS ADJOURNMENT Schools: building program ...... 4898 Police: Bendigo...... 4981 Schools: Shepparton ...... 4898 West Gate punt: access...... 4982 West Gate punt: access ...... 4898 Children: early childhood services ...... 4983 Diwali festival...... 4899 Bushfires: recovery...... 4983 St Kilda: foreshore connections project ...... 4899 Disabilities services: Western Victoria Region...... 4983 Birregurra festival...... 4900 Working Victoria: website...... 4984 Pink Ribbon Day ...... 4900 Country Fire Authority: risk survey ...... 4984 Bernie Moran ...... 4900 Road safety: speeding fines ...... 4985 Burgundy Street, Heidelberg: pedestrian Donburn Primary School: building project...... 4985 crossing ...... 4900 Rail: Newport museum ...... 4986 City of Darebin: Art in Public Places...... 4900 Koo Wee Rup bypass: funding...... 4986 Public transport: Bulleen park-and-ride facility...... 4900 Springvale Road, Nunawading: grade separation ...... 4987 GOVERNMENT ADVERTISING: PRODUCTION OF DOCUMENTS ...... 4901 Planning: Albert Park...... 4987 Responses...... 4988 ANTICORRUPTION COMMISSION: SELECT COMMITTEE ...... 4903, 4927 QUESTIONS WITHOUT NOTICE Budget sector: financial report 2008–09...... 4916 4917, 4926 Bushfires: community preparedness...... 4917, 4922 Bushfires: fuel reduction...... 4919 Bushfires: fire awareness awards...... 4920 Housing: integrated strategy ...... 4921, 4922 Office of the Australian Building and Construction Commissioner: future...... 4924 Bushfires: preparedness...... 4925 Coal: exports...... 4925, 4926 ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS ...... 4944 ALPINE RESORT AREAS REVIEW: PRODUCTION OF DOCUMENTS ...... 4955 ELECTRIC CARS: PRODUCTION OF DOCUMENTS....4956 CARBON POLLUTION REDUCTION SCHEME: PRODUCTION OF DOCUMENTS...... 4956 CROWN CASINO: PRODUCTION OF DOCUMENTS....4956 CLEARWAYS: PRODUCTION OF DOCUMENTS...... 4957 RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS...... 4957 BETTER PLACE: PRODUCTION OF DOCUMENTS...... 4957 WATER: RECYCLING ...... 4958 LOCAL GOVERNMENT (BRIMBANK CITY COUNCIL) BILL Introduction and first reading...... 4966
PETITIONS
Wednesday, 14 October 2009 COUNCIL 4897
Wednesday, 14 October 2009 government’s plan to build a new public hospital at Wantirna and constraints on the expansion of the Maroondah and William Angliss hospitals. The PRESIDENT (Hon. R. F. Smith) took the chair at 9.34 a.m. and read the prayer. The Box Hill Hospital is unable to meet the increasing demand for public hospital services with extended waiting lists leading to inconvenience, pain, suffering, increased PETITIONS personal costs associated with managing medical conditions and, potentially, adverse treatment outcomes.
Following petitions presented to house: Your petitioners therefore request that the Legislative Council call on the state government to immediately commence Housing: Moorabbin detailed planning for the redevelopment of the Box Hill Hospital and to commit to a funding timetable in line with The petition of certain citizens strongly opposes the decision promises and assurances provided to the community since to build a seven-storey development at the back of the 2003. Kingston town hall and draws to the attention of the Legislative Council that this federally funded and state By Mr ATKINSON (Eastern Metropolitan) ‘fast-tracked’ social affordable housing/public housing (1752 signatures). development accommodating 150–200 people and notes:
1. that the seven-storey public housing development would Laid on table. be a gross overdevelopment of the site, which already suffers from a chronic shortage of car parking; Water: north–south pipeline
2. the site is not suited to public housing where families To the Honourable the President and members of the and children would have minimal open space and be Legislative Council assembled in Parliament: sandwiched between the danger of the Moorabbin railway line and congested Nepean Highway and South The petition of certain citizens of the state of Victoria draws Road; to the attention of the Legislative Council its opposition to the proposed building of the north–south pipeline by the Brumby 3. that this development undermines the viability of the Labor government which will steal water from country heritage-listed and well-utilised Moorabbin-Kingston Victorian farmers and communities and pipe this water to town hall and the Kingston Arts Centre, and limits the Melbourne. We believe there are better alternatives to future potential of the Moorabbin station precinct, which increase Melbourne’s water supply such as recycled water should be redeveloped into a modern, subregional and stormwater capture for industry, parks and gardens, and transport facility, with greater park-and-ride facilities therefore call on the Legislative Council to oppose the and mixed-use shops to strengthen Moorabbin’s construction of the proposed pipeline. commercial future. And your petitioners, as in duty bound, will ever pray. The petitioners call on Premier John Brumby and the state and federal governments to immediately suspend this project By Ms LOVELL (Northern Victoria) (9 signatures). to identify a more suitable site and to prevent an act of planning vandalism. Laid on table. By Mr D. DAVIS (Southern Metropolitan) (51 signatures). PARLIAMENTARY DEPARTMENTS Laid on table. Reports 2008–09
Box Hill Hospital: funding Mr ATKINSON (Eastern Metropolitan), by leave, presented reports of Department of the Legislative To the Legislative Council of Victoria: Council and Department of Parliamentary Services. The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council the urgent need for Laid on table. the commencement of planning and a commitment to funding the full redevelopment of the Box Hill Hospital. PAPERS Despite the best efforts, dedication and high professional standards of the management and staff of the Box Hill Hospital, waiting lists and other key performance measures Laid on table by Clerk: are falling well below the state average performance because of the inadequate and ageing building and facilities. Budget Sector — Annual Financial Report for the State of Victoria, 2008–09, incorporating Quarterly Financial Report The Box Hill Hospital is the major public hospital servicing No. 4. the eastern suburbs of Melbourne and is under pressure as a result of the government’s decision to abandon the previous
MEMBERS STATEMENTS
4898 COUNCIL Wednesday, 14 October 2009
National Environment Protection Council — Report, Road Primary School in South Shepparton. The 2007–08. facilities have received $450 000 of funding from the Brumby Labor government — it was funding that, I MEMBERS STATEMENTS believe, was announced by my colleague Kaye Darveniza. I had the great pleasure of performing the Schools: building program official opening on behalf of the Minister for Sport, Recreation and Youth Affairs, James Merlino. I also Mrs PEULICH (South Eastern Metropolitan) — As wish to acknowledge the funding contributions from reported in today’s Australian, Courtenay Gardens the Greater Shepparton City Council, the federal Primary School — a fantastic school in the government and McGuire College. Those contributions south-eastern metropolitan region that was granted have been very generous. $3 million in May under the Building the Education Revolution (BER) program — must now use a standard This redevelopment will allow opportunities for new gym template costing between $1.5 million and participation in a range of sporting activities by students $1.7 million which is not suited for the school. It has and staff at the school as well as the wider community. also been revealed the state education department will I wish to draw attention to the fact that McGuire decide without consultation how more than $1 million College is a multicultural coeducational secondary in surplus will be spent. college. Its commitment to its students and ensuring its students have maximum opportunities to experience Now is the time for the state and federal success and optimise their learning potential is great to auditors-general, whom I have called on before, to give see. I would like to place on record my thanks to the the Building the Education Revolution program the school for its generous commitment of time at the scrutiny and oversight required in the context of the official opening and in showing us around school. growing evidence of schools being short-changed and the manipulation of the program by the Brumby Labor West Gate punt: access government. The Victorian department of education is imposing designs of buildings and departmental Ms HARTLAND (Western Metropolitan) — Today templates on schools even in instances where projects is Ride to Work Day. This morning my staff and I are shovel ready as required under the program. The volunteered at the West Gate punt, which runs from the auditors-general must identify each school in receipt of Scienceworks jetty at Spotswood to Port Melbourne the BER funding, the amount withheld by the Victorian underneath the West Gate Bridge. The river is only department of education and those schools which have 100 metres wide, but taking the bike punt saves cyclists had more than an across-the-board 10 per cent withheld up to a 13-kilometre detour. We surveyed the riders either knowingly or unknowingly. who braved the cold and wind to ride to work today. I spoke to people riding from Point Cook to St Kilda and Under BER guidelines, any reduction in the grant by from Williamstown and Altona riding to South state or school authorities of more than 10 per cent must Melbourne, and lots of people who work in Port have the school’s written agreement. They must ensure Melbourne and Fishermans Bend at large businesses that those schools which have had more than the agreed like Kraft. The longest journey was from Burwood to amount withheld must return the remaining amount to Yarraville. the school immediately. This report must be tabled in Parliament before the next Victorian state budget. I spoke to Andrew Francis, who took the punt from Newport to his work at fisheries. He said that basically I strongly encourage all schools and school communities because he lives on one side of the river and works on to report any other Building the Education Revolution another, it is either the punt or a jet ski. rip-offs to [email protected]. It is only by shining a light on this that we can — — But there was a sad note this morning: cyclists taking the punt found that the bike paths through the Westgate The PRESIDENT — Order! The member’s time Park were blocked by a locked gate because of the has expired. bridge upgrade. The punt operator, who will launch his regular weekend service this weekend, said nobody had Schools: Shepparton consulted him about blocking the paths, which will impact on his business. Standing under the West Gate Ms BROAD (Northern Victoria) — Last week I had Bridge this morning you could see there is not a greater the very great pleasure of officially opening brand-new contrast between how the government treats cars and sporting facilities at McGuire College and Wilmot trucks rumbling overhead on expensive infrastructure
MEMBERS STATEMENTS
Wednesday, 14 October 2009 COUNCIL 4899 and how it treats cyclists, pedestrians and the local over spiritual darkness. Lamps are lit to symbolise the business operator. triumph of spiritual light, and I believe it has significance for people of all faiths. Diwali festival The festival was a great success. I particularly enjoyed Mr ATKINSON (Eastern Metropolitan) — I have the Bollywood dance and music performances, but pleasure in reporting to the house that, along with there was also Indian fashion and craft displays, Mrs Peulich, I attended the Indian Diwali festival at jewellery, food, music, movies, clothing and a great Sandown Park on Sunday night. A number of other display of Indian culture overall. MPs were there, including the Leader of the Opposition in the Assembly, Ted Baillieu; James Merlino, who I take this opportunity to congratulate the Celebrate was representing the Premier; and Judith Graley, India committee, and in particular the chairman, Marsha Thomson and Jude Perera, the members for Mr Rao, and also Mr Sharma and Dr Berera. I Narre Warren South, Footscray and Cranbourne in the congratulate them and wish them every success in the Assembly. Quite a range of other dignitaries attended future. what has become one of the major events on our multicultural calendar. Interestingly, this Diwali St Kilda: foreshore connections project Festival of Lights event has now spawned two other festivals in the October period — — Ms HUPPERT (Southern Metropolitan) — On 2 October I was delighted to launch the Fitzroy Street The PRESIDENT — Order! A fire alarm has foreshore connections project in St Kilda. This sounded. I will resume the chair at the ringing of the $5 million project was a joint initiative of the state bells. government, the City of Port Phillip, Melbourne Water and Yarra Trams. Sitting suspended 9.46 a. m. until 10.01 a.m. The government contributed a total of $1.6 million to Mr ATKINSON — Before the proceedings were the project, enabling the installation of DDA compliant interrupted due to the fire alarm, I was commenting on tram stops, construction of the Fitzroy Street off-road the Diwali festival last weekend at Sandown Park. I had bike path, and completion of the pedestrian crossing noted that Diwali is becoming a significant event in and pavement works at the corner of Jacka Boulevard other parts of Melbourne as well, with an inaugural and the Upper Esplanade. Melbourne Water contributed event in the western suburbs and another at Federation $130 000 to provide a water-sensitive design to Square. improve the quality of stormwater run-off into Port Phillip Bay and to allow the diversion of stormwater to The Indian community has made a considerable water the new plantings in the area. contribution to Australian and particularly Victorian life. It is a rich, diverse and very vibrant culture; it is As I mentioned, one of the major improvements terrific to see so many people from the various Indian delivered by the project was the construction of on-road communities coming together at Diwali in an event that bicycle lanes along Jacka Boulevard, which connect is quite spectacular and certainly was well received by with the Fitzroy Street bike path, providing a two-way the people at Sandown. path between the foreshore and Albert Park Reserve. A couple of months ago I was also at the launch of the Diwali festival Fitzroy Street section of this bike path, which is a great improvement to the bike tracks in the area. Ms MIKAKOS (Northern Metropolitan) — I can assure members that I have not collaborated with The intersection of Fitzroy Street, the Upper Esplanade Mr Atkinson, but I too want to talk about the Diwali and Jacka Boulevard has been reshaped with a new festival. On Saturday evening I had the great pleasure crossing point from Fitzroy Street to make it easier for of attending for the second time the Diwali Festival of people to cross to the Catani Gardens and the foreshore. Lights event at Federation Square. The Premier was Now pedestrians are able to walk directly from the there to speak at this significant event at Federation north side of Fitzroy Street to the Esplanade. This Square, which was attended by more than project will encourage people to use public transport, 50 000 people. walk or cycle in the area, and it is a great benefit to the many visitors to the area as well as residents of As members may know, the Diwali Festival of Lights St Kilda. takes place during the seventh month of the Hindu Lunar calendar, and it symbolises the victory of virtue
MEMBERS STATEMENTS
4900 COUNCIL Wednesday, 14 October 2009
Birregurra festival children, grandchildren, family and friends. He will be very much missed. Ms TIERNEY (Western Victoria) — I take this opportunity to congratulate the organisers of the Burgundy Street, Heidelberg: pedestrian Birregurra festival held last weekend: Rod Gray, crossing coordinator, and the assistant coordinators, Amanda Garner and Jacqueline Zakharia, along with all the Mr ELASMAR (Northern Metropolitan) — I am other volunteers who really have reason to feel proud in delighted to report on the opening on 15 September of providing the wider community of western Victoria the new pedestrian crossing on Burgundy Street, with a fantastic event. Heidelberg. This was achieved through a combined effort by myself, the member for Ivanhoe in the other We were blessed with perfect weather, which was a place, Craig Langdon, Banyule City Council and great backdrop to showcase local produce, and we were VicRoads. The community was actively consulted able to talk to local producers. The festival had a real during the process and now shoppers and residents are community feel, a quality for which Birregurra has able to cross the increasingly busy Burgundy Street in become renowned, and I, along with many others, look safety. My particular thanks go to everyone who forward to attending the 11th festival in 2010. participated in delivering such a great outcome for the community. Pink Ribbon Day City of Darebin: Art in Public Places Ms TIERNEY — Pink Ribbon Day is Monday, 26 October. I encourage all women to book for regular Mr ELASMAR — In a recent briefing session by mammograms. I had my first mammogram on Monday Darebin councillors I was told that a new arts project morning at the breast-screening facility at Gheringhap sponsored by Darebin council and using nothing but Street, Geelong. It took 10 minutes. The staff were materials found at its resource recovery centre has been courteous and professional and made it all so easy for launched in Reservoir. Several local artists have come me. Today’s mammogram experiences do not reflect up with innovative concepts using materials that have the painful stories of old. There is a slight, short been discarded by residents. The project is part of the discomfort at worst. It is totally painless, and it is a council’s Art in Public Places program which is small price to pay for the early detection of breast designed to improve the appearance of buildings and cancer. Given that we are streaming online, I urge all the natural environment around Darebin. Art being women to seek further information on breast cancer and made out of rubbish is certainly environmentally to call the cancer helpline today on 131120 to book a friendly and cost effective too, as the materials for the mammogram. artists are totally free. Bernie Moran Public transport: Bulleen park-and-ride facility
Ms DARVENIZA (Northern Victoria) — I rise to Mr TEE (Eastern Metropolitan) — In May I asked pay tribute to a Labor stalwart and a really beaut bloke, that the government consider building a bike cage at the Bernie Moran, who died on 18 August at the age of 73. Doncaster park-and-ride facility. Cycling is a great way Bernie was the secretary of the Shepparton ALP branch to improve one’s health as well as make a contribution for 17 years as well as a campaign director and a to improving the environment and these facilities are candidate at both state and federal levels. often full. I was pleased when the government decided to provide a park-and-ride facility and am very much It is true to say that Bernie was highly regarded by pleased that the bike cage at the Doncaster people from all sides of politics and that he never let an park-and-ride has been built, is completed and is now opportunity pass him by to promote Labor. He was an open. avid letter writer and loved to share his views with the community. He never sidestepped an issue, but he I thank the government for providing this important always addressed it with very good humour. His was a facility. It will allow more people to ride by providing a life dedicated to the community and to his politics. His secure, weather-protected location for people to leave death is a great loss, not only to the Shepparton branch their bikes and catch the bus. This will encourage more but also to the party. people to make the healthy and environmentally friendly choice when heading to and from work. I Bernie was a real character, a wonderful man and a encourage everyone who is interested to sign up as soon friend. I offer my condolences to his wife, Pat, his as possible, because this will be a very busy facility.
GOVERNMENT ADVERTISING: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4901
GOVERNMENT ADVERTISING: and Estimates Committee said in its recent Report on PRODUCTION OF DOCUMENTS the 2008–09 Budget Estimates — Part Three:
Mr D. DAVIS (Southern Metropolitan) — By The committee has found it difficult, analysing available information, to obtain consistent year comparisons. It leave, I move: continues to be concerned regarding definitional matters in respect to communication, advertising and promotional 1. That, in accordance with sessional order 21, there be expenditure. tabled in the Council by 12 noon on 10 November 2009 a copy of the MAMS expenditure reports (as referred to I make the point that if the Public Accounts and on page 35 of the Auditor-General’s report on government advertising, September 2006) for each of Estimates Committee cannot get to this information in a the last five financial years. systematic way and cannot get a very clear picture — and I see Mr Dalla-Riva nodding here — of where I also move: government advertising, promotion and marketing is in this state, of where the money is spent and the value 2. That, in accordance with sessional order 21, there be tabled in the Council by 12 noon on 10 November 2009 that is achieved for that expenditure, that is of great a copy of all documents relating to the Working Victoria concern. and Shine advertising campaigns including but not limited to costings, invoices, quotations, research, The Auditor-General wrote an important report in 2006 including public opinion and focus group research that looked at many of these matters. It looked at some reports, reports defining objectives, breakdowns of of the MAMS expenditure and at spending across a media type and metropolitan and regional weighting and spend and briefings prepared for the Premier and or number of departments and a number of campaigns, but ministers held by the departments of education and early the Auditor-General did not undertake a comprehensive childhood development, innovation, industry and analysis of all of this expenditure across government. regional development and Premier and cabinet. These motions are a modest step to further understand These two motions, which the Council has agreed to what this government is doing with advertising — that debate cognately, touch on much of the same territory. is, to understand the background of it and the targeting They are important motions in the sense that this of the advertising, which in my view has been highly government has taken party political advertising to a political on a number of occasions. The Working new high. Unlike what it said in opposition, it has used Victoria advertisements, in particular, cost $4 million. government money — public money — for political They did not create one job other than in the advertising purposes and advancing the Labor Party’s objectives. It and promotional industries; they did not create one job is clear that government advertising has increased in the real world. The government’s view that these significantly; we know from recently released MAMS advertisements in some way were about building (Master Agency Media Service) figures, which show an confidence is farcical. The ads were about trying to incomplete picture of government advertising, that at make the government look good rather than doing least $114 million was spent in 2008–09 on the MAMS things in the community interest. contract alone. The figure of $4 million was spent on that set of Bear in mind that the MAMS government placement of advertisements. I am not even sure that that is the final ads — the bulk buying that has occurred; the bulk figure, because I think that may well be the figure that placement that occurs for government advertising — is was spent on placement of advertisements rather than only part of the government’s advertising, promotion on the background work, including the advertising and marketing activities. Beyond that it includes production and research that went behind those ads. websites, a whole series of other documentation and There is no doubt that the Brumby government literature that is produced and a whole range of advertisements are researched to within an inch of their documents that are put in front of community lives in front of focus groups and so forth to ensure that organisations. So the spending is much greater. every word pushes a button in the community.
In 1996 the Auditor-General estimated that the The community will have noticed the avalanche of advertising part of government advertising and advertisements that it has had in the recent period. They marketing in those days was about 50 per cent of the are clearly a process of softening up the community total spent. If that were the case now, Victoria’s ahead of the state election next year. I expect to see a advertising, promotion and marketing expenditure further increase in this advertising expenditure. In would exceed $200 million in total. But that is a figure opposition, the Premier was very much opposed to this that is not able to be established. The Public Accounts sort of advertising and promised to end the abuse of
GOVERNMENT ADVERTISING: PRODUCTION OF DOCUMENTS
4902 COUNCIL Wednesday, 14 October 2009 public funds for party political purposes. Instead, what motions. The documents will be considered in he has done is take it to a new art form. accordance with sessional orders and the principles outlined on a number of occasions to Parliament by the With those comments I will seek the support of the Attorney-General, and we will make a determination chamber for the two amended motions that under accordingly. sessional order 21 require delivery of these documents in early November. I put on the record that we believe this house is heading towards an abuse of this process with the number of Ms PENNICUIK (Southern Metropolitan) — The documents being asked for. There are many Greens will be supporting the motions of Mr Davis. mechanisms for seeking documents, from picking up The expenditure of public money on government the phone and asking for them to making a freedom of advertising is of great concern to us and to the information request and ultimately to using this community in general. The community needs to be mechanism. The opposition has asked for an assured that that money is spent in the public interest of extraordinary number of documents. Sorting through informing the community of what government these documents, analysing each one and determining initiatives are aiming to do and that that money will not whether it is appropriate for it to be released naturally be spent in a profligate way and not to be used for and necessarily ties up hundreds of hours of public inappropriate purposes. service time.
There is often a fine line between what government We have already released hundreds if not thousands of advertising is purported to do and what it is actually pages of documents through this process. I am sure they doing. To many in the community the amount of made good and interesting bedtime reading for money that is being spent on government advertising Mr David Davis, but I am not sure the release of these can be seen to be far above and beyond what is actually documents has added in any way to the good required to serve the purpose of informing the governance of the state. The government does not fear community of a new government initiative, for the important principles of openness and accountability. example. For those reasons and for the general reason In fact it has probably established greater levels of of supporting the chamber being able to have access to openness and accountability than almost any documents in the public interest, we will support the government in this state. We will make due motions. determination. I will probably have more to say in relation to the release of documents in the debate on a Mr VINEY (Eastern Victoria) — As this is not the subsequent motion. We are completing a request for first request for documents I will repeat what we have documents made on a previous occasion. In that debate said on previous occasions in matters relating to the I will go through in more detail the substance of what I production of documents: the government accepts that just said in relation to the voluminous number of the house has established a set of sessional orders that requests for documents. relate to the release of documents. Frankly, this house is spending an enormous amount of The government has on numerous occasions put the time on debate around the production of documents. I principles of executive privilege on the table in relation would not have thought it was the greatest use of the to the release of documents. In other words, we are time of 40 members of Parliament and all the staff to be prepared to release documents in accordance with the hearing endless debates about the release of documents sessional orders the house has set as long as they do not when there are other mechanisms to achieve the same breach the principles of executive privilege. result. However, as I said, the government will not As I have put it to the chamber on many occasions, oppose this request, as it has never opposed requests for these are important principles that relate to good documents in the first instance. We accept that the governance and democracy. We have a representative request for documents has been made, and those democracy, and governments need to be able to act in a documents will be assessed according to the principles way that does not compromise the processes of we have outlined on many occasions. executive decision making and the important The PRESIDENT — Order! The question is that relationships that governments necessarily have with motion no. 1 moved by Mr David Davis be agreed to. the private sector for the delivery of government services. Motion agreed to. Subject to the documents passing those tests, the government has no objection to the requests in the
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4903
The PRESIDENT — Order! The question is that (11) The committee will present its final report to the Council motion no. 2 moved by Mr David Davis be agreed to. no later than 30 September 2010. (12) The presentation of a report or interim report of the Motion agreed to. committee will not be deemed to terminate the committee’s appointment, powers or functions.
ANTICORRUPTION COMMISSION: (13) The foregoing provisions of this resolution, so far as SELECT COMMITTEE they are inconsistent with the standing orders and sessional orders or practices of the Council will have effect notwithstanding anything contained in the Mr D. DAVIS (Southern Metropolitan) — I move: standing or sessional orders or practices of the Council.
That — This is a very important motion. It goes to the need to (1) A select committee of eight members be appointed to — improve good governance and transparency in this state and the quality of our governance structures in a (a) examine allegations surrounding the Victorian systematic way. It follows a number of key steps and government’s failure in good governance practices, issues of improper influence and impropriety incidents that have occurred. associated with the state government, its agencies and entities created under statute and the need for Many would have thought that Victoria traditionally an independent, broadbased anticorruption has been seen as being free of the sort of corruption and commission in Victoria; and improper conduct of some other states. Unfortunately, this has proved not to be the case. What has proved to (b) review issues relevant to paragraph (a) since the introduction of the Whistleblowers Protection Act be the case so obviously is that there are serious matters 2001. to be dealt with in Victoria.
(2) The committee will consist of three members from the Firstly I pay tribute to the decision of Mr Barber to government party nominated by the Leader of the move a motion last year — in fact, it was longer ago Government, three members from the Liberal/National coalition nominated by the Leader of the Opposition, than that: on 22 August 2007 — in this chamber. I want one member from the Australian Greens nominated by to put on record that motion, which states: the Australian Greens Whip and Mr Peter Kavanagh from the Democratic Labor Party. That this house calls on the Attorney-General to send a reference to the Victorian Law Reform Commission to (3) The members will be appointed by lodgement of the examine the most appropriate legal model for an names with the President by the persons referred to in anticorruption commission for Victoria. paragraph (2) no later than 4.00 p.m. on Thursday, 29 October 2009. It seems to me and to many in the community that the case now in Victoria for an independent, broadbased (4) The first meeting of the committee must be held no later anticorruption commission is unanswerable. This than 4.00 p.m. on Monday, 9 November 2009. chamber, through the motion of Mr Barber in August (5) The committee may proceed to the dispatch of business 2007, sought to send a message to the Victorian notwithstanding that all members have not been government and to the Victorian community. In a appointed and notwithstanding any vacancy. moderate way it sought to move a motion that called on (6) Five members of the committee will constitute a quorum the Attorney-General to insist that his reference go to of the committee. the Victorian Law Reform Commission to enable it to look, in a systematic way, at the anticorruption (7) The chair of the committee will be a non-government measures that could be taken and the sorts of member and the deputy chair will be a government arrangements that could be put in place for an member. anticorruption commission in Victoria. (8) The chair of the committee will have a deliberative vote and in the event of an equality of votes a casting vote. As I said at the time, I have a number of reservations about the Victorian Law Reform Commission. But (9) The committee will advertise its terms of reference and putting those aside, I think that was a very appropriate call for submissions and all such submissions received by the committee will be treated as public documents step; it was a reasonable way of fleshing out the urgent unless the committee otherwise orders. need for a broadbased, independent commission against corruption and to do that in a way that involved public (10) The committee may commission persons to investigate input, academic processes and an understanding of the and report to the committee on any aspects of its inquiry. different models and arrangements that are available around the world. In so doing the Victorian Law
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4904 COUNCIL Wednesday, 14 October 2009
Reform Commission could put in place a set of number of the conflicts and concerns that have occurred recommendations that could be brought back to the in this area. But he does not have the complete powers Attorney-General and thereby to the Parliament and the of an independent, broadbased anticorruption Victorian people for their consideration. If the commission, he does not have the resources that an Attorney-General had taken this matter seriously at the independent, broadbased anticorruption commission time, the Victorian Law Reform Commission would has and he does not have the comprehensive reach that undoubtedly have finished its work by now and would be required to enable him to do many of these reported, and we would be in possession of a report that key tasks. would put us in a strong position to recommend individual models or particular forms in this regard. At the time of the motion moved by Mr Barber I That is not the case. To my understanding this chamber incorporated a document laying out the anticorruption, has not heard a scintilla of comment from the crime and misconduct bodies in Australian state Attorney-General since that first motion was passed. jurisdictions as at August 2007. There may have been We have not heard from the Victorian Law Reform some minor changes but it is important to put on record Commission as to whether it has undertaken that that New South Wales has the Independent inquiry. The fact is that the Attorney-General has not Commission against Corruption (ICAC), Queensland been prepared to accept the advice of this chamber and has the Crime and Misconduct Commission and step forward to undertake that or to order or demand Western Australia has the Corruption and Crime that an inquiry be undertaken by the Victorian Law Commission of Western Australia. These major states Reform Commission. all have bodies of this type which enable the systematic corruption that is occurring in certain parts of Australia Since that time the case in Victoria for an independent, to be rooted out and dealt with. Recently in Queensland broadbased anticorruption commission has become we saw a state government minister go to jail due to the much stronger. There have been a series of reports and actions of the anticorruption body in that state: a series of incidents in the area of major crime. We Mr Nuttall has been jailed for taking bribes and have watched the terrible gangland issues occur with improper conduct. That is a very significant point. In links to police. At the same time we have seen reports Western Australia the steps that have been taken by the come forward from the Ombudsman, who has done state anticorruption body to root out corruption in land extraordinary work in difficult circumstances. He has development around the seaside towns of Western greater powers now than he had in the past, and in a Australia have been of extraordinary benefit to the moment I will come back to the issue of the community and absolutely critical in exposing what is Ombudsman’s powers and where they sit. But right an absolutely outrageous abuse of public process. up-front I want to put on record that I think that in terms of what the Ombudsman has the capacity to do, I make the point that in New South Wales there have the resources he has to do it with and his investigatory recently been steps to set up an inquiry not dissimilar to capacities — his capacity to work through different the one that I am proposing here — it is similar in some layers and linkages in terms of corruption, improper respects and different in others. But notwithstanding the conduct and improper influence — he has done a good ICAC in New South Wales, on Thursday, 9 September, job, and by and large his reports in the recent period very recently indeed, the Honourable Greg Pearce have been of high quality and have served the moved in the New South Wales Parliament for a community well. In particular, I think his comments general purpose standing committee with appropriate about local government in the recent period have been terms of reference to inquire into and report on land very important. The conflict-of-interest report that he dealings and planning decisions relating to land or brought down and the following reports on Brimbank interests in land held solely or jointly by Ron Medich and matters related to Brimbank have been extremely Properties Pty Ltd in or around Badgerys Creek. This important in increasing the public’s understanding of clearly relates to the terrible links that have developed the issues and exposing outright corruption, outright in New South Wales and that have been only partly improper conduct, the Labor Party’s links, networks dealt with by the state’s ICAC, although I note that in and arrangements and the corrupt practices that have giving his speech Mr Pearce was at some pains to gone from the base of the Labor Party in areas like indicate his strong support for that body. He said: Brimbank through to councils, state government, … nor is it in any way intended to interfere with or influence federal government and many of the highest offices in any investigation by the Independent Commission Against our state. I think the Ombudsman has done an Corruption that may take place in relation to corruption extraordinary job of exposing these issues and pointing issues. to what can be done in a practical sense to deal with a
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4905
A great deal of concern has been expressed about the work and prevent corruption and improper influence potential influence of developers in the planning process. It is which can have such a devastating effect on the state. in the interests of the public to have transparency in the planning process to ensure that our planning system is beyond International and other work on transparency makes it reproach. Members in this house have previously considered clear that economic activity and the strength of these sorts of matters — the most obvious example or economies are closely correlated with the ability to precedent being the Orange Grove … keep corruption, improper influence and improper conflicts at bay. He went on to talk about these matters. In New South Wales this particular matter is linked with the death of Since the passage of the Whistleblowers Protection Act Mr Michael McGurk, who was shot. Members might 2001, which was introduced to encourage and facilitate be surprised to hear, if they have not followed the news, disclosures of improper conduct by public officers and that Labor powerbroker, lobbyist and former Senator public bodies, provide protection for persons who make Graham Richardson has publicly admitted to having those disclosures and those who may suffer reprisals in listened to the contents of this tape. relation to those disclosures and provide for matters disclosed to be properly investigated and dealt with, Members who were on the Council’s Select Committee Victoria has introduced the Major Crimes (Special on Public Land Development will remember that Investigations Monitor) Act 2004 and the Major Crime Mr Richardson refused to come to Victoria despite two (Investigative Powers) Act 2004. Both acts regulate and requests from that committee and despite his having change a number of acts, including the Public Sector operated as a lobbyist in Victoria with regard to the Management Act, the Ombudsman Act, the Kew Residential Cottages process. Mr Richardson has Whistleblowers Protection Act, the Crimes (Controlled said in New South Wales that he would agree to appear Operations) Act 2004, the Police Integrity Act 2008 and before the inquiry there; the New South Wales planning the Surveillance Devices Act, which was amended in minister, Frank Sartor, said yesterday his initial reaction September 2009. was that he would be prepared to appear as well. These acts are part of a long sequence of acts. There I want to make the point that there are links around were also amendments to the Information Privacy Act Australia to the sorts of behaviour that occurs. Victoria and the Police Regulation Act, while the Public has a responsibility to have in place an arrangement that Administration Act 2004 was amended in August. I do is part of that picture around the country. The example not pretend that this is a complete list of those of Mr Richardson is a good one, because here is a amendments. They point to the fact that we have a Labor figure who has been unprepared to appear before ramshackle matrix in Victoria. We have an a select committee but was looking at issues Ombudsman who has greater powers doing his best; we surrounding the development of 27 hectares of prime have a special investigations monitor (SIM); we have land. the police integrity units; we have the police In evidence before the inquiry officials from the Walker themselves; we have the Parliament dealing with some Corporation admitted that Mr Richardson had a critical of its matters; and we now have the government trying role in that development. He is prepared to appear to set up a lobbyists register, arguably late in the before a New South Wales inquiry. I note that in process, after a series of major contracts has gone Victoria — and I will say something more about this in through to the keeper with the involvement of lobbyists, a moment — the state government has said that it will where those lobbyists’ activities should have been finally move on setting up a lobbyists register, and we declared. welcome that; we think that is an important step. That We have links to all the other states through the Labor would in some sense close one part of the matrix. But it Party itself but, more broadly, through lobbyists and is part of a series of measures that have been put in others who operate across borders. I agree that there is place in Victoria over recent years to put fingers in the an argument for national consistency on these matters, dyke in relation to the level of corruption and improper but there is also an argument for ensuring that the holes influence in this state. in the dykes are plugged now and done so in a Frankly the state government, since the passage of the systematic and comprehensive way. Whistleblowers Protection Act in 2001, has brought to One of the key purposes of moving this motion today is this chamber and this Parliament a series of measures to propose that we have a committee of this chamber which in most cases are worthy in and of themselves — that can sit down and look at this in a systematic way, some of them are controversial while others are not — that can take the information from other jurisdictions — that seek to provide for the matrix of anticorruption the examples, the successes, the failures, the strengths
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4906 COUNCIL Wednesday, 14 October 2009 and the weaknesses — in a systematic way and bring oversight mechanisms, where there are not proper forward to this Parliament sets of recommendations that anticorruption devices and where there are not proper will put us in a position to go forward with legislation mechanisms to prevent improper influence, there are to set up an independent, broadbased anticorruption going to be activities that the community does not want, commission. that the community is opposed to and that the community seeks to stop. I want to make a number of points in terms of oversight. There is an argument that with a broadbased, It is my view that in the broad Victorian community independent anticorruption commission there has to be there is a strong level of support for a broadbased proper parliamentary oversight. There are a number of anticorruption commission. People are sick and tired of models for that — New South Wales, Western hearing about corruption that is not being blocked and Australia and so forth. A committee should look at that has not been stopped. There are a number of areas those matters closely so that there is proper oversight. where I think this inquiry would need to focus. It obviously needs to look at the activities of certain Labor Some have argued in recent periods, perhaps driven by mates and ex-Labor ministers in securing contracts and personal malice rather than by public policy tenders. I have said something about this in this considerations, that there should be greater oversight of chamber before. the Ombudsman. There is a respectable argument in favour of thinking through the arrangements for The Council’s Select Committee on Public Land oversight of the Ombudsman, but I firmly reject the Development spent a good deal of time looking at some push that has come from a number of people in the of those particular links. It needs to deal with the issues recent period, which has been part of an attempt to surrounding the gaming and lottery licences. The attack or nobble the Ombudsman. The excitement of concerns in this chamber about those gaming and attacking him in the light of his recent reports seems to lottery licences go well beyond what has been me to have overwhelmed the more thoughtful public discussed previously at the gaming inquiry. We have policy considerations, which, as I said, are the basis of now had major new arrangements struck between the some respectable arguments. state government and Crown Casino, so the community has every right to have those matters scrutinised and to I also want to make the point that the state government ensure that in the future when these arrangements are sets up local government as part of the activities of the put in place the right comprehensive oversight state Parliament. The state Parliament has oversight of mechanisms are there. local government and has recently legislated to improve those arrangements. The Ombudsman has obviously Then people with complaints can go to a broadbased prepared a number of key reports in the recent period independent commission against corruption and know about conflict of interest, some of them coming from those complaints will be looked at and investigated Supreme Court cases and some coming from his properly with the sort of thoroughness, ability and reach investigations. to take the right sorts of steps and to prevent these things occurring in the future. The existence of these There is some need for more comprehensive and anticorruption measures is a protection in itself, because consistent arrangements that take into account the links it actually prevents some corruption. It punishes between local government, state Parliament, federal corruption and inappropriate conduct where it occurs. Parliament and the bureaucracy. We need that systematic oversight so that local government activities The conduct of ministers and government officials was are not seen as separate, immune and distinct. They are captured on secret tape recordings by the Office of important activities in their own right; they are activities Police Integrity. This is something that has received where people such as counsellors and bureaucrats are only modest coverage in the community, but they are ultimately responsible for their communities; they are exactly the sorts of things that would be much less democratically elected and have those responsibilities likely to occur if there were an independent for their communities. commission against corruption.
They also have custodianship of an enormous amount As I understand it, tapes have been provided to the of resources and money that comes through taxation solicitor-general’s office. There are inadequate controls revenues from state and federal governments, from rate on those tapes. Again I am stepping aside from the revenues and the commercial activities of councils. individual issue, but what is required is a systematic They are big business. For that reason, where there are framework which would mean that when these tapes not proper controls, where there are not proper are in existence, they need to be handled correctly and
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4907 with the greatest propriety. But I do not have that received by that committee. Marilyn Canet is, shall I confidence now; I think few in the community do. The say, a committed citizen who is prepared to advocate links between Labor and certain aspects are concerning. for better systems, better quality oversight and an end to improper influence and corruption. She campaigned The public land committee touched at length on some long and hard on the issues in Brimbank. She sent of the matters regarding the involvement of Labor literally hundreds of submissions to government bodies mates, in my view, in subverting parts of the planning and to members of Parliament opposite, but she was not process. But there is much more here. I will single out listened to. just one example, because there are numerous cases which could be dealt with in regard to the potential One of the issues she raised concerned Melbourne 2030 corrupt conduct at local council and the involvement of and the Sydenham transit city. I will use this example to links to a whole series of areas. demonstrate the links and the capacity — or the incapacity, on some occasions — government bodies, We not only have the demonstrated issues at Brimbank or indeed Parliamentary committees, have in dealing but also other concerns have been raised. We know the with these things. I am going to precis the submission. Ombudsman has been investigating a number of other It is on the website of the upper house, so if members councils such as Casey City Council. There may well want a copy, they can obtain it there. She talks about be issues around Dandenong. He may well look at the insider trading opportunities provided by some of those issues. Melbourne 2030 when growth boundaries and town boundaries were declared. She indicates that a number There have also been negative reports about Geelong; I of officials were aware of proposed boundary understand there may well be further investigations. arrangements and were able to benefit from that. This chamber, following the public land committee’s findings, made a reference to the Ombudsman with Marilyn Canet talks in particular about the Sydenham respect to the St Kilda triangle site and the Kew transit city and the developer impact of the Queensland Cottages site. As I understand it, he has ongoing Investment Corporation — and that body has recently investigations there. He is doing good work, but not come into significant controversy. The Sydenham every aspect of this is able to be completed by the transit city is the area that includes the Watergardens Ombudsman with his current resources. railway area and the retail super-centre owned by the Queensland Investment Corporation, a fund that has There are genuine issues about the awarding of recent Queensland government and superannuation links. government contracts — and I have talked about this in Watergardens was formerly known as the Sydenham the chamber before — in the transport and water station, Ms Canet says, but the title was altered as a sectors. A committee should make sure that in regards result of a developer contribution negotiated between to government procurement, it has strong frameworks the Queensland Investment Corporation and the state of recommendations for the establishment of an government. independent broadbased anticorruption commission. Government is a major purchaser. It does that in a way Clearly the proposed development of the site and that is not as transparent as it should be. surrounds was planned many years prior to any community consultation on Melbourne 2030. The Mr Barber has sought to obtain documents regarding transit city status will see the preferred low-density transport contracts. My understanding is — and environments transformed into high-density Mr Barber may correct me — those documents have environments, which will serve the financial interests of not been provided to this chamber. An independent the Queensland Investment Corporation to the broadbased anticorruption commission would have the detriment of the local community. There was a lack of capacity where there were concerns about such local community involvement. This proposal was documents to take the necessary steps; it would have forwarded to the Victorian Civil and Administrative the necessary powers to get to the bottom of some of Tribunal by the local community. Ms Canet talks about these critical matters. land identified as the Sydenham reserve, and the I have one example which has received only indirect decisions made by state government. Again, this is one discussion. It concerns one of the submissions — this is of those issues where state planning decisions overlay an example of where even the Ombudsman’s process local government planning arrangements, and there are and the public land committee could not deal with this links in all directions. for a range of reasons relating to time and capacity — She talks about the old 3LO ABC site on the to the public land committee; it is no. 33 and was boundaries. This large parcel of vacant land, formerly
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4908 COUNCIL Wednesday, 14 October 2009 owned by the ABC, was sold to Broadcast Australia. Corporation, Trevor Rowe, is a founding partner of the The Queensland Investment Corporation expressed Enhance Group of consultants. A group of political interest in the purchase and development of the site, lobbyists, the Enhance lobby group is based in given its tremendous potential for profit maximisation. Queensland, working with groups in Queensland. It is The Broadcast Australia site is situated outside the the subject of political controversy over success fees in transit city boundary by a considerable distance. It Queensland, and there are serious concerns about the nevertheless received special exemption from the way that firm operates. At the same time, we know the guidelines included in the official Sydenham transit city Enhance Group is active in Victoria at the moment. A boundary proposal. major council, the Maribyrnong council, is being lobbied by the Enhance Group on the matter of social Ms Canet talks about the sale of public land in some housing. areas around there, and a number of the points she has made concerning the Keilor Park Recreation Reserve, You have to ask why state and federal governments are Canley and other areas have come to significant public using a group like Enhance. With the events that have prominence through the Ombudsman’s report. My occurred in Queensland over the use of success fees and point in dealing with this today is to say that major other arrangements, why is the government using that announcements and major arrangements surrounding group to lobby for social housing in places like the city the transit city have not been scrutinised or dealt with. of Maribyrnong? Why is it using the group as a vehicle Her case is a good one, but the detail and the to do that kind of work? Has a contract been let in such information are not available. However, the links and a way that a lobby group of that type has some success the concerns go in a number of directions. In that fee involved? What arrangements are in place? I make development in Sydenham, the Queensland Investment the point here that where these major government Corporation has been involved very closely — procurement steps are occurring we need the oversight, symbiotically, even — with the Victorian state we need the architecture in place and we need the government. protections. In Victoria we do not have those protections. The lobbyists register is yet to be fully In Queensland, Trevor Rowe has quit the Queensland established and in a position to prevent these things Investment Corporation. He stood down as chairman of from occurring. that corporation because of arrangements that appear to be quite concerning on any examination. I will quote In terms of these major contracts, is the Enhance group from an article in the Courier Mail: acting on behalf of the state government alone or on behalf of the federal government also? Why on earth Mr Rowe advised Treasurer Andrew Fraser on July 15 he are the bureaucrats not doing the negotiations with a would not be seeking to renew his contract … local council? Why does a group, which has as one of Mr Rowe said: its partners somebody who has been forced to step down from the Queensland Investment Corporation and I leave QIC as chairman … which has been pinged for potentially corrupt success fees in Queensland, now operate public social housing It goes on: arrangements in Victoria? Mr Rowe was not available for comment last night. I only put this on record because these linkages, these The article notes that he has BrisConnections links. It arrangements, are very significant across Australia, and continues: Victoria currently does not have protections in place. A Mr O’Brien, who was a staffer for the Minister for Separately yesterday, outgoing chairman of Trinity Property Children and Early Childhood Development here, is Group, Keith De Lacy, branded the reaction to his company’s $1 million payment to a manager of Enhance ‘a storm in a involved with that firm in Victoria, but I make the point teacup’. that the protections are not in place in Victoria at the moment. We have major contracts with major Mr De Lacy said the fee was a normal commercial transaction arrangements and decisions on planning and between two private companies. construction being made without proper buttressing of He reiterated that he knew a fee had been paid but not the those decisions and without the certainty that the identity of the recipient — Enhance Queensland manager decisions are being made in the best interests of Ross Daley, who was sacked on Tuesday night. Victorians for the best possible outcomes for local And it goes on. Let me make this quite clear: the former communities — in the case of social housing, the best chairman of the board of the Queensland Investment possible outcomes for social housing tenants and occupants.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4909
These are very significant matters. I note that the framework the community thinks is the best for Fitzgerald inquiry in Queensland sparked the creation Victoria. It need not necessarily be identical to New of a broadbased anticorruption commission in South Wales or Queensland but it is responsive to the Queensland. The corruption that occurred under a lessons that have been learned there. former Labor government in Western Australia sparked the decision to establish an independent commission In terms of this chamber itself, as it has evolved and its over there, and in my view the time is ripe in Victoria. capacities have evolved and the challenges it faces have changed, new arrangements will be put in place, and I We have seen the series of reports from the welcome the reference from Ms Pennicuik to the Ombudsman. The Ombudsman has made a series of Standing Orders Committee to look at the structure of very significant recommendations in his reports that upper house committees. Without divulging the give us proof and practical examples of what has committee’s actual deliberations — which I do not occurred in Victoria and the failings and inconsistencies think I am entitled to fully do — what I can say without that are available here. We have seen the state prejudicing anything is that some progress has been government, perhaps well-meaning, over the last six, made. The government has some sensible thoughts and seven or eight years amend the architecture of the opposition is engaging with those. The minor corruption and improper conduct prevention in Victoria parties are also engaging with those. in a ramshackle way, starting with the Whistleblowers Protection Act. This act was admirable in its intent, Mr Viney interjected. although in my view it is not functioning in the way it should, but whistleblowers are a critical part of this Mr D. DAVIS — No, I am being very reasonable architecture. The government has sought to plug the here, Mr Viney, and saying that the committee has been holes, to graft on different iterations, and has done so in working well. We have looked at New South Wales a way that is unsatisfactory, and the outcome is not to and we have looked at the federal Parliament and at the the community’s satisfaction. upper house committee systems in those jurisdictions and have been able to take some useful lessons from I also make the point that this motion today is both of those. So I am putting on record today that I responsive to matters that have been put to me by a think into the future there will be some sensible number of members of this chamber. In discussing this outcomes that can be achieved there. matter with Mr Kavanagh I made a number of changes to the motion to improve it, to ensure that it is less In the case of this inquiry, this is one of those inflammatory to the government but also that it is a foundation inquiries that offers the opportunity to go fairer description of where we need to head. forward and put in place a major piece of Victoria’s governance structure. If by late next year we could I look forward to trying to work with other parties on come to the point where there was agreement across the this committee and to coming back with a set of parties on some key matters, that would be a very principles, a framework, a set of recommendations to welcome outcome from this inquiry. We need to be the Parliament and the people of Victoria that will say, informed by what is happening interstate and overseas ‘Let us step aside from the ramshackle creations that we and we need to be informed by what is happening on have there now, the creaky apparatus that is in place, the ground in Victoria and how we respond to that. The and try to look at this afresh’. We need to ask, ‘What is Ombudsman will no doubt have some very specific the best model from New South Wales? What is the suggestions to us regarding this matter. best model from overseas? What is the best model from Western Australia?’ And we need to say, ‘Given the I do not want to say a lot more now. I think I have local context in Victoria, this set of principles and covered the need for this inquiry and some of the arrangements would be very important to have in place potential points that it should consider closely. The and these other ones might be steps in the right genesis of this inquiry goes back to Mr Barber’s motion direction’. in 2007 concerning the unfortunate failure of this implacable government to genuinely engage with these The opposition has taken some steps to make it clear problems and to say, ‘We actually have a problem’. In where we stand on this: we are committed to an part some of this is a Labor Party problem, but it is independent, broadbased anticorruption commission actually much bigger than that too. I understand the but we have not said exactly what form that will take, sensitivity of the Labor Party on this issue, but in a and we will be informed by what the community longer term sense it is not to its detriment. In the longer thinks. This inquiry would offer the ability for the term, for the Labor Party to clean up these matters is to Parliament as a whole to be informed of what its benefit.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4910 COUNCIL Wednesday, 14 October 2009
Some measures have been taken — I will concede My recollection of the Ombudsman’s report was that that — but there are still real concerns, and because of there were no allegations of people taking money, or in the ramshackle architecture, nobody is fully responsible the everyday concept the general public thinks of it, but for the failure to deal with these matters. The the Ombudsman did find improper practice when Ombudsman cannot be singled out, the special people behaved poorly in the sense of administration of investigations monitor cannot be singled out, the police local government — very poorly in some instances — integrity people cannot be either, because it is bigger and appropriate actions were taken by the government than any one person or structure, and that is why we in accordance with the recommendations of the need to have in place an independent, broadbased Ombudsman. anticorruption commission which has broad support across the community and in which the community I do not recall, for example, the Ombudsman making feels confidence. any recommendation that any particular matter should be referred to the police, which the Ombudsman would That is to the benefit of our governance structures and do if he believed that a matter of a criminal nature had our democracy, and to the benefit of our economy. If taken place. The Ombudsman would do that and it people have confidence in government procurement would be appropriate, but I do not recall that. and economic processes and confidence that corruption is at a very low level, we know that that has an Mr Davis then made allegations, and I am not aware of advantage for the community and for the economy. the details of the matter that he raised, but he seemed to This is a democratic measure, a fair measure and an spend more time considering the issues pertinent to economic measure, and I ask for the house’s support. Queensland than to Victoria. Mr Davis tried to draw a link between some apparent allegations in a Mr VINEY (Eastern Victoria) — What was really Queensland newspaper with some activities in Victoria. exposed in the 45 minutes or so in which Mr Davis I am not familiar with those but again, his drawing made his contribution is what this proposed select these kinds of allegations is typical of the kind of committee is all about. Forgive me for my cynicism, behaviour of Mr Davis in this place. but frankly I do not think Mr Davis’ proposition is really about making sure that we have a good system of The Liberal Party set up a select committee on gaming, public management and administration in Victoria; and Mr Davis seems to want to reopen that with his 95 per cent of his speech was dedicated to raising proposed new select committee. His suggestion was questions and making unsubstantiated allegations that it should have another look at that, yet the earlier against individuals, trawling over previous matters that select committee did not find anything of substance that have been before this chamber and other committees was in any way substantiated. This is a process of and select committees. political mud-slinging; Mr Davis wants to set up another select committee to do that. This move is really about setting up a structure that will give Mr Davis an opportunity of yet another forum in If Mr Davis was genuine about this process or which to raise, as he does very often in this place, approach — if he was saying that this is a genuine allegations against people in here, but not repeated process to find out the best means of oversighting outside, although I understand there may have been an public sector integrity, public office integrity, the occasion when he repeated some allegations outside integrity of members of Parliament, local councils and this place and there may be the appropriate response public officials — he would not have used the from those people who were named. However, it is rare opportunity of this debate today to throw a little bit of that Mr Davis goes outside this place and makes mud around and hope a bit lands somewhere. allegations of corruption, as he makes them in here. If the genuine intention of proposing a select committee Mr Davis comes into this chamber and, in my view, was to have a good, proper look at public quite consciously and in a politically motivated way administration in this state and ways of making sure confuses words such as ‘corruption’ with ‘poor there is oversight of the integrity of public officials, practice’ or even sometimes ‘improper practice’. MPs, councillors, lobbyists and all the other people Mr Davis does so because in the mind of the general involved in public discourse in this state, Mr Davis public, corruption is about people taking money, would not have used the opportunity to just chuck mud frankly, and that is how the average person would view around. But that is what he did, and it is absolutely corruption. Yet Mr Davis comes in here and makes consistent with his form. He does it time and again. allegations about corruption, for example, in Brimbank.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4911
He has perhaps caught himself out on one occasion, defending the nobbling of the Auditor-General. I did going a little too far, sending out a press release not see her stand up in the way Roger Pescott did, accusing someone of corruption; they are taking action, saying, ‘That is enough’ to Mr Kennett. as I understand it, to try to clear their name. He has gone that one step too far. If he wants to keep doing We have the Office of Police Integrity, which is that, then he should step outside this chamber, stop overseen by the special investigations monitor and the using coward’s castle and make those allegations Ombudsman. In the local government area we have the outside. capacity for the appointment of municipal inspectors of local government and a range of other mechanisms I have a view that as MPs the privilege we have in this whereby local government can be investigated. In place, to make allegations and to comment on matters, Victoria it is worth considering in the context of all of is exactly that: it is a privilege. this that some $35 million per annum is spent on the oversight of public office. I do not have the figures for Mrs Peulich interjected. the office of the Auditor-General, but there is some $8 million in the Ombudsman’s budget and Mr VINEY — I am not sure what Mrs Peulich $26.4 million in the Office of Police Integrity budget. yelled across the chamber at me but I can say I do not believe that there has been an occasion when I have We say that, as a government, we are always used the privilege of this place to slander people monitoring and making sure that all of our systems of outside. Privilege is something that should be used government are effective, whether they be these kinds rarely and very carefully. of bodies or whether they be other agencies and operations of the government. We are always prepared Mr Davis has exposed what he considers the proposed to have a look at those to consider whether there can be select committee is really about, but that might not be enhancements or improvements, and that will always what the considerations of other members of this be the government’s position. chamber are about. They may want to be thinking about mechanisms to consider the overall management of We do not think it is appropriate that a select committee good public administration and good public office in with a clear political intent, which I think is what came this place — including, I might say, members of the from Mr Davis’s contribution, is going to add much to government. I do not recall too many members of the the body of knowledge or capacity in this area. We do opposition who were members of the Kennett not believe that a select committee set up in this way government expressing much concern about the with eight members, where the government gets three nobbling of the Auditor-General; in fact I think Roger of them, is a good step. As I have said in here before, Pescott was one of the few who did so. That nobbling 19 out of 40 translates to 3 out of 8 on these select of the Auditor-General was a critical matter in the committees, and we do not regard that as an appropriate public mind, and I do not remember that being a major mechanism. We believe what is being considered by issue. But let us just put into context what the the Standing Orders Committee for a different approach government has been doing in relation to this issue. to the structure of committees is a good step.
We have established the independence of the office of We think that establishing a select committee in this the Victorian Ombudsman; we have restored the way, structured in the way it is with the intent clearly to powers of the Auditor-General and made the conduct a series of political investigations, as Mr Davis Auditor-General an officer of the Parliament along with outlined — whether they be investigations of planning the Ombudsman; we have a very effective police force matters or his intention to reopen issues associated with in Victoria which has the power to investigate matters gaming licences — is not a genuine attempt to properly of criminal corruption. Whether they be lobbyists, consider the matters of how we oversight public office politicians, councillors, public officials in local and how we ensure that in Victoria we have a good government or public servants, all people, including system. MPs, are subject to the potential for criminal investigation by the Victoria Police. There are other jurisdictions that have established a different mechanism for anticorruption investigations. Mrs Peulich interjected. New South Wales has been mentioned. I think it would be fair to say that New South Wales has always had Mr VINEY — I am not listening to what greater problems in this area than has ever been shown Mrs Peulich has to say because it is usually not much of to be the case in Victoria. That is not to say that we do a contribution. But what I will say is that Mrs Peulich not have any, but I think it would be fair to say that was not a major voice in the Kennett government
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4912 COUNCIL Wednesday, 14 October 2009
New South Wales perhaps has always had a different that I am making is that this is a government that has reputation from that of Victoria to the point where some been prepared to undertake an investigation and to 10 or 15 years ago when I was consulting I remember carry out the recommendations in full as a result of the doing some work in New South Wales. I was talking to investigation and report. Despite the political a colleague of mine who was also a consultant, and we discomfort it might cause, this is a government that is were chatting about why these things would be a little prepared to do that. Mrs Peulich and Mrs Petrovich different in New South Wales. might think this is a great joke, but I just point out that this is quite a contrast to the approach former Premier He was from Sydney, and he told me a story and I do Kennett took. When the Auditor-General’s not know whether it is true; I am not a historian. He investigations got a little bit uncomfortable Mr Kennett said, ‘It goes back a long way in New South Wales. decided not to implement in full the recommendations When Governor Phillip was there with the First Fleet he of an office but to nobble it. put a guard on to look after the rum overnight because he had noticed a certain amount of rum was going In our case we have had some investigations that might missing. The next day he noticed that even though he have caused a bit of political discomfort, but we have had put the guard on, the rum was still going missing. been prepared to carry out the recommendations of So he doubled the guard and the next day he found that those reviews and reports. I might point out that they double the amount of rum was missing’. I guess in my are recommendations and reviews of an agency we friend’s view there was a long historic problem in New established and enhanced. We added additional South Wales. resources to it and made the Ombudsman an independent officer of the Parliament. I think that Mrs Peulich — He must have been a Laborite! stands in stark contrast. If people want to go down the path of having this kind of debate, I am happy to do it. Mr VINEY — Is Mrs Peulich suggesting that What I say is that a select committee with a clear Governor Phillip was a Laborite? That would be political intent to go on a witch-hunt and a trawling interesting and hard to prove. exercise across a whole raft of things, from local In all seriousness, despite the fact that New South government to planning, to gaming, to some Wales and Queensland under a number of jurisdictions development matters on which Mr Davis has got his have had more public difficulties than Victoria, and one latest bits of information from the Brisbane Courier would suspect that overall they have had greater levels Mail, cannot achieve the intent of a good and proper of difficulties with public office integrity than we have review of the public integrity structures in this state. experienced in Victoria, that is not to say that there That will not be achieved by a politically motivated should not be a good and proper process for public select committee. integrity oversight. Mr Davis clearly demonstrated that the select It is the government’s view that we have a very robust committee’s intent is entirely politically motivated. To and comprehensive system in place of specialist put three members of the government on an agencies looking after particular areas. We think that eight-member management committee further those specialisations cover all the critical areas of demonstrates that intention. How about what has been government. That is the view that we have had and we suggested before — a committee of nine with four have not seen any evidence that it is particularly flawed. government members? That might be a bit closer to the That is not to say that it is not able to be improved, but 19/40 structure that we have in this chamber. The we have not seen any evidence that it is particularly opposition has consistently taken the view that 21 votes flawed. In fact it is quite to the contrary. We think that, in this chamber entitle it to do anything and to structure as difficult for the government as the Ombudsman’s anything in the gerrymandered way it wants to. Just as report into Brimbank might have been, the government the conservatives gerrymandered this chamber for was prepared to have the appropriate investigations. 150 years before we finally got a majority and made it a democratic and representative chamber, they continue Mrs Peulich — Only after George sang the song in to do so with these kinds of select committees. If the Assembly. Mrs Peulich thinks that 3 out of 8 is anywhere near 19 out of 40, she went to a different school of mathematics Honourable members interjecting. than I did.
Mr VINEY — I understand members opposite will If the opposition wants to set up a politically motivated have a lot of fun with this; it is something that they get select committee to conduct a fishing expedition for a lot of pleasure and enjoyment out of. But the point anything it can possibly find to create embarrassment
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4913 for the government, we will oppose it. But we believe municipal inspectors or the office of local government. that we have generally good governance in this state. He knows full well that if there were a serious issue, We have not had the difficulties in this state that this Parliament can establish a select committee, refer Queensland, New South Wales and Western Australia matters to other committees or raise matters in this have had. That is not to say there are not bad people house. There are ample mechanisms for scrutiny in the who intend to do bad things and who use whatever they political process of this Parliament, particularly since can to make money in ways they should not. Of course the government reformed this chamber to ensure it is that can happen. That happens in any society and in any democratically representative of the views of the people system. In order to protect the public of Victoria from of this state. such bad behaviour we have established a raft of agencies with the ability to make independent reports to What is more, he knows full well that the people of this Parliament. The Auditor-General is independently Victoria, of every other state in the country and of able to report to this Parliament. The Ombudsman is an Australia have consistently changed governments if officer of this Parliament. These are both actions of this they think a government is behaving improperly or government. We established the Office of Police against the public interest. He ought to share my Integrity. absolute faith in the people of Victoria to do that. As I have said in this chamber before, there have been Mr Barber interjected. plenty of times I did not want to see a change of government, because the government of the day was of Mr VINEY — Mr Barber, you know we have the same political colour as me. However, when I look strengthened the office of local government. Whenever at the political history of this country I cannot think of there has been an appropriate concern referred to the an election where the government has changed and the minister, a municipal inspector has been appointed. people have got it wrong. I cannot think of an example if I look at it in objective, historical terms. I have faith Honourable members interjecting. in the people of Australia and the people of Victoria. I Mr VINEY — There is a lot of noise coming from have faith in the system of integrity that we have put in the other side, but no-one in this chamber can point to place. an example where a serious concern about the That is not to say that as a government we should not operations of government or local government has not be prepared to have a look at all our systems, agencies been investigated; that has not been pointed out. and public operations to ensure that they are doing the Mr Davis wanted to raise a whole raft of things in his job we set them up to do. Any good government of the trawl through various allegations. He raised the issue of day ought to be prepared to do that. What I do not have the gaming licences, yet he knows full well that the faith in is the motion moved by Mr Davis. He came into gaming licences review panel headed by Ron Merkel is the chamber and trawled through a series of overseeing all of those processes. He raised concerns unsubstantiated allegations, demonstrating that he about planning and development-related issues. He wants to go back on things like the gaming licences and knows full well that the Auditor-General, with a team to look at things that the public land committee, the of auditors, is perfectly able to go and look at any one Ombudsman or the Auditor-General has already looked of those matters he raised. If he raises further issues at. about local government, he knows full well that the I do not have faith that a member who moves such a Ombudsman has the capacity to go and have a look at motion is genuine about having a good, proper look at any one of those matters in detail with all the powers of the system of public integrity in this state. I do not have that office. He knows full well that anyone in this state, faith in his motion; it is politically motivated, and including members of this chamber, including ministers therefore the government will oppose it. or the Premier, could be subject to investigation by Victoria Police. Anyone in this state who was subject to Mr BARBER (Northern Metropolitan) — Some a serious question about their integrity could be time ago the Greens moved a motion in this chamber, investigated by Victoria Police. calling on the government to examine the most appropriate legal model for an anticorruption He knows full well of the existence of the Office of commission in Victoria. Police Integrity as an oversight agency for the operations of Victoria Police. He knows that this We were pleased to receive a non-government government has put in place a raft of measures to make consensus, if you like, that that was an appropriate way sure that local government can be investigated by to go. We gave quite a bit of consideration to the
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4914 COUNCIL Wednesday, 14 October 2009 appropriate mechanism for such an investigation and government in just 12 months time, or maybe a lot less. came to the conclusion that the Victorian Law Reform In case members of this chamber have not noticed, Commission (VLRC) was probably the body best able through a range of mechanisms the Greens have been to do it. That was simply based on our observation and rolling out their policies on integrity in government experience that the commission has always done an literally since day one of our arrival here. As I go incredibly thorough and transparent job on any brief through what I think is the appropriate matrix of that has been given to it. I say that from looking at the integrity mechanisms I will talk about how we have various laws that have been referred to it and the addressed some of those and how the various parties outcomes and processes I have observed. We were have responded. quite pleased that we had what we thought was a strong consensus of all the non-government parties — against Since an opposition has little direct power, apart from the government, which opposed the motion — that this the power to block things — which itself has even been was the way to go. overridden in recent times — it really comes down to the credibility of that opposition in the mind of the With this motion moved by the Liberal leader, voter. The voters are comparing, in their minds, what Mr David Davis, we immediately wondered whether the government has done with what the opposition says the consensus had broken down. Today Mr Davis again it is going to do. The difficulty for the opposition in that expressed his reservations about the VLRC. He has put case is to demonstrate some real credibility. up an alternative — that is, a select committee made up Unfortunately on many of these different integrity of a bunch of politicians — and suggested it would do a mechanisms, which would be essential for an ICAC to better job. operate with any effectiveness, both the opposition and the government have damaged their credibility. I have looked quite closely at the operations of a range of parliamentary committees. When it comes to a To give an example, recently the new Liberal Western general topic-based reference, they usually do a good Australian Premier has, as one of his first moves, job, but when they come close to a political hot potato suggested that the Corruption and Crime Commission as it relates to those politicians and their own interests, of Western Australia should spend less time dealing it is my experience that members of such committees with matters of governmental and administrative start hiding behind each other. I will talk about some integrity and put more energy into investigating examples of that. organised crime. Since he has offered little additional funding to that corruption and crime commission, he is If the select committee were simply to look into the effectively giving it a budget cut when it comes to its need for an independent commission against corruption activities on governmental integrity. That is a very (ICAC), you have to say that a bunch of parties has worrying action. prejudged the outcome. We on the non-government side have already agreed that we should have one. We The resourcing for these mechanisms is a real concern. are already clear that the government says we do not That also demonstrates that any government has the need one, but we are already clear that we do need one. ability to mess with the integrity mechanisms in various We are unlikely to change those positions. However, ways. As I say, an ICAC itself is only the investigative Mr Davis makes the point that we could examine the mechanism. You need to read the New South Wales various models as they exist around the country and ICAC act, as an example, to understand this. Certainly talk about which elements we think are correct and there is a definition of ‘corruption’ in the act, but it is which might vary. not an offence that politicians can be charged with, nor is the ICAC the body that can make those charges. However, it is my view that an ICAC is the investigatory arm of an entire integrity mechanism. The definition of ‘corruption’ in the ICAC act is there Mr Davis referred to that mechanism as a ramshackle simply to provide a mechanism or a capacity for that matrix. I intend to return to that concept as well. But as ICAC to go ahead and investigate. It can investigate we move closer to an election in this state — just in corrupt conduct; therefore it needs a definition of case this chamber has not noticed! — the Greens are ‘corrupt conduct’. But then having investigated — and more interested in hearing what the opposition says it investigates very effectively — it reports its findings, about its policies and less interested in what the and another group has to pick up that information and opposition says about the government’s policies. mount charges. So it is really important to detail what you believe are the appropriate offences. This is already That will increasingly be the discipline that we try to lacking here in Victoria. put on both parties that could potentially form
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4915
Just by way of a bit of political advice for the main reason: those lobbyists can take those success fees opposition: in Canada the Conservative Party of and recycle them, often through direct political Canada produced a 25-page election platform, virtually donations, back into gaining more and more influence half of which document related to integrity in in the parties that they are attempting to control. That government, and that party — perhaps somewhat applies not just to governments; that applies to all unexpectedly — found itself in government and parties represented in a Parliament, as we have here, immediately had to start rolling out all of its election with the capacity to join with the government and pass promises. a particular measure.
I would say to the opposition here: it needs such a In North American jurisdictions it was getting quite document — and who knows? It might even get ridiculous. Lobbyists were receiving huge success fees, elected. It might not have been the conservative party’s handing the money straight back to their preferred strategy to get elected off the back of that document in elected members, and then seeking to get further Canada, but one way or another it was, and it had to roll influence from those people to go ahead and win the it out. next contract to get the next success fee. Success fees absolutely have to be rooted out of the system and Talking about supporting integrity mechanisms and the along with them, political donations. problems we have here in Victoria, almost all of the problems can be traced back to the growing and Here is where the opposition demonstrates no more seemingly ever-expanding state of executive control credibility, in fact possibly less, than the Labor Party and power. Even Mr Bracks, in his first speech to because the Howard government massively increased Parliament as a lowly backbencher, pinned the tail right the disclosure limit for donations up to $10 000, which on that issue. He could see it from his experience in the of course could be donated over several years and into time of the Kennett government, that that government various different arms of a party to build up to a very was simply growing and ever expanding its executive large number of dollars. As far as I am aware, the control. Liberal Party here in Victoria is completely unrepentant about that particular issue. You would not have thought there were too many more ways you could do it, but seemingly every day this In fact, just to demonstrate how weak parliamentary government comes up with a new way to expand it committees can be, we moved a motion here to refer to even further. It is hard to understand how it could be the Electoral Matters Committee the question of more powerful than it already is, but it keeps surprising donation reform and disclosure in the Victorian us. For a government, or an opposition, the hardest jurisdiction. Just have a look in the report at what that thing to do here is to say, ‘We will take certain levers of committee — controlled by the government but backed power out of our own hands’ and simply lock them up by the Liberals — came up with: virtually nothing. away. It is now crucial that we hear both parties’ offers The committee members had a world tour, a on how they are willing to sacrifice, if you like, their round-the-world trip, of every imaginable jurisdiction own autonomy. to collect evidence. They collected an enormous amount of evidence, all of it incredibly useful, and then Mr D. Davis — Perhaps through a constitutional when it came to writing the recommendations for that mechanism. report they came up with next to nothing. Go back and read that report if you do not believe me. As far as that Mr BARBER — I will certainly come to the particular exercise goes you would have to say it was a constitutional mechanism, for Mr Davis’s benefit. I will dismal failure at getting a group of politicians to give the opposition some well-due credit for one voluntarily give up some of their access to power, and instance of what it has proposed as a policy — that is, if of course it demonstrates the incredible capacity for I read its release correctly, that it would ban a success Labor and Liberal to come together and form a fee being paid to any lobbyist who was claiming that consensus on that question. success fee in relation to a government contract. That is certainly a mechanism that is open to the government; it Political donation reform and disclosure is a crucial may not even need legislation to do that, if it wanted to measure required of both state and federal interlocking do it. jurisdictions if we are to reduce influence peddling. At the moment parties may collect a whole series of Success fees are particularly corrosive and have been donations from a whole series of shady characters or banned in other jurisdictions — where they have got a people who may be seeking particular outcomes, and lot more out of control than they are here — for one the most absolutely gung-ho, well-resourced,
QUESTIONS WITHOUT NOTICE
4916 COUNCIL Wednesday, 14 October 2009 overzealous, blood-spitting ICAC that you could ever the government require them to pay out $150 million in imagine could not possibly have any influence on that. dividends to prop up the budget? It could investigate to its heart’s content and never be able to actually pin any specific offence onto anybody, Mr LENDERS (Treasurer) — I thank because it is not an offence to reap in hundreds of Mr Rich-Phillips for his question and his financial thousands, if not millions, of dollars from particular gymnastic exploits — in May we were hiding a deficit interests and even groups of interests and then turn and now we are hiding a surplus. The gymnastics are around and vote for their interests. quite interesting. Mr Rich-Phillips asked specifically about dividends out of the public non-financial We see it time and again here in the Parliament, but corporations, and when he gets through more of the nobody can ever prove anything because the donations annual financial report — and I know Mr Rich-Phillips are effectively laundered out through party structures, is more diligent than his leader and the shadow and you can never connect one donation to one Treasurer, so he is probably well on the way through particular decision when overall it is obvious what is the 232 pages of the annual report — he will see that, going on. Political donation reform and disclosure yes, there are dividends, as there always have been would be an essential integrity mechanism to put in dividends out of the public non-financial and some of place before an ICAC can possibly be expected to the public financial corporations. achieve anything. On that particular measure, and I am talking about the referral to the Electoral Matters There always have been dividends, and if Committee, you would have to say both the Mr Rich-Phillips says it is inappropriate for government government and the opposition failed dismally. as the shareholder of corporations to take a dividend, if that is his approach to government as a potential Judicial review of governmental decisions is absolutely finance minister, then I suggest he come clean on that fundamental. It is so fundamental to the requirements of and say to Victorian schools, hospitals, police and an integrity system that we even call it the separation of transport services where he is going to make it powers: the judiciary, the executive and the Parliament. match — that is, where he is going to fund the services. Yet when it came to that vote on major transport There is nothing unusual about dividends coming out of facilitation that we had last sitting week, Labor and the public non-financial or public financial Liberal were rushing together again. Of course the corporations. Mr Rich-Phillips will well know — and opposition expressed some deep concerns about the while I will give him the courtesy of his supplementary, lack of judicial review of governmental decisions but because I know where it is coming from — there is decided at the end of the day it was not as important as nothing unusual about that. making freeways roll out faster. It was a pretty clear demonstration of both the government’s and the Mr Rich-Phillips will well know — I will not trawl opposition’s priorities in this matter: ‘Sure, we support over that territory again — how the share markets the principle of judicial review of governmental performed last year. He will well know that the share decisions, but not if we find some other major project markets, the All Ordinaries, went down by 26 per cent that we think is a bit more pressing at the moment’. from 1 July 2008 to 30 June 2009. He will well know that they went down by 26 per cent, and he will well The Public Accounts and Estimates Committee should know that the main ingredient in the public financial be the most powerful committee in the Parliament — corporations he is referring to is the investment the audit committee for the state of Victoria, if you like. earnings of the Victorian WorkCover Authority, the Currently, despite a million-dollar budget it does little Transport Accident Commission and the Victorian more than extend the governmental propaganda arm. Managed Insurance Authority. There is no doubt that is what he is referring to. Business interrupted pursuant to sessional orders. He would well know, if he looked through the annual reports and plans of those bodies, how dividends are QUESTIONS WITHOUT NOTICE extracted, and he would well know about the interrelationship between dividends and income tax Budget sector: financial report 2008–09 equivalents that has been in place not just under this budget and not just under the 10 budgets of this Labor Mr RICH-PHILLIPS (South Eastern government but also under the 7 budgets of the Metropolitan) — My question is to the Treasurer. previous Kennett-McNamara Liberal-National junta. Given that the public financial corporations recorded He would know that well and truly. aggregate losses of $111 million in 2008–09, why did
QUESTIONS WITHOUT NOTICE
Wednesday, 14 October 2009 COUNCIL 4917
An honourable member interjected. Mr LENDERS — Mr Drum can say that is not true, but I am happy to give a dissertation on the series of Mr LENDERS — Yes, a junta; I say it deliberately. promises already made by those genii — the Leader of My colleague Mr Languiller, the member for Derrimut the Opposition, Mr Baillieu, and the shadow Treasurer, in the Legislative Assembly, advised me that that is a Mr Wells, in the Assembly. I am sure Mr Rich-Phillips good term to use. What I say to Mr Rich-Phillips — — has had doubts about that in the shadow cabinet — I would hope he would as someone who dreams of being Mr D. Davis — On a point of order, President, it is the finance minister. out of order to refer to a government in Victoria as a junta. The opposition has already promised $6 billion in cuts to revenue over four years, and here Mr Rich-Phillips is The PRESIDENT — Order! It is impossible to raising a new area and saying that a government should offend either a government or an opposition in any not extract dividends out of corporations that are owned way, shape or form; it has to be on a personal basis, so by that government, which every government in the there is no point of order. history of this state has done. I am the 45th Treasurer of Mr LENDERS — In conclusion, I look forward to the state of Victoria, and what I can say to Mr Rich-Phillips’s supplementary question. I am sure it Mr Rich-Phillips is that all 45 treasurers — with the has been more adequately workshopped than the first possible exception of Dr Napthine, the member for supplementary question from the opposition yesterday. South-West Coast in the Assembly, during his I look forward to his supplementary question, which I 14 glorious days as caretaker — have presided over am sure will not be one that talks up the Victorian budgets that have taken dividends out of economy; it will not be one that encourages jobs in the government-owned enterprises. state of Victoria. But I look forward to being proven I would say to Mr Rich-Phillips that his mentor, former wrong. Treasurer Mr Stockdale, did it every budget. It is sound Supplementary question financial practice to take dividends out of government-owned enterprises. That is how we fund Mr RICH-PHILLIPS (South Eastern transport plans. That is how we fund the construction of Metropolitan) — I thank the Treasurer for his answer schools. and his invitation to look at the annual reports of public financial corporations — I would do so, if he would I would be fascinated to know whether table them. My supplementary question is: can the Mr Rich-Phillips backs Senator Coonan, who does not Treasurer confirm that without a total of $490 billion in want us to spend money for 800 schools in Victoria, dividends which were stripped from the public which all members of the opposition want built faster in corporations, including water authorities, the budget their electorates. I say to Mr Rich-Phillips: this budget would now be in deficit? has a AAA credit rating. This annual financial report refers to the budget before it, and Mr Rich-Phillips Mr LENDERS (Treasurer) — What I can say to knows that, and it confirms that Victoria is the only Mr Rich-Phillips is that this Victorian government has a state in Australia — I repeat, the only state in AAA credit rating. Moody’s Investors Service and Australia — to forecast operating surpluses for each of Standard and Poor’s have gone through our budget the four years in the forward estimates. papers year after year and have said they are sound documents in the eyes of the financial community and Mr Rich-Phillips should look at the document. I exemplars for most of the world. welcome his interest in the document. This document has been ticked by the Auditor-General, and our budget I would also say to Mr Rich-Phillips that the has been ticked AAA by both Moody’s and Standard Auditor-General of the state of Victoria has given an and Poor’s. More importantly, it is delivering jobs in unqualified audit report on these documents. Victoria, services in Victoria and critical infrastructure Mr Rich-Phillips’s view goes back to my earlier for the future. point — his shadow Treasurer and his leader in the Assembly have already committed to $6 billion in cuts Bushfires: community preparedness to this budget over four years. Mr SCHEFFER (Eastern Victoria) — My question Mr Drum — That is not true. is directed to the Minister for Environment and Climate Change, Gavin Jennings. Can the minister update the house on how the Brumby Labor government is taking
QUESTIONS WITHOUT NOTICE
4918 COUNCIL Wednesday, 14 October 2009 action to support all Victorians to prepare themselves, armed and provided with real-time advice about the their property and their communities for the upcoming way in which to deal with emergencies. bushfire season? In terms of a stock take of our approach to these issues Mr JENNINGS (Minister for Environment and and the ways in which these matters can be Climate Change) — I thank Mr Scheffer for the communicated effectively to the community, I remind opportunity to talk about Fire Action Week, which is members of the house of the important work that has currently taking place in Victoria. I joined the Premier, been undertaken to establish a new national the Minister for Police and Emergency Services and the telephony-based system that will provide warnings to Parliamentary Secretary for Police and Emergency people on the basis of their home location or the billing Services in the other place at an event at Plenty Gorge location of their mobile phone. A warning will be last weekend to announce the commencement of Fire transmitted to them during the course of this summer Action Week. that equates to the area where fire risk may be occurring. We want to make sure there are new We were joined by the officers and leadership of the protocols and procedures in place for a warning system firefighting agencies and emergency services across to come by radio broadcasting. There are new protocols Victoria. We were grateful to be made welcome by in place for the warning system; it is the standardised Bernie and Gerry Lamers of Plenty Gorge, who emergency warning system known as SEWS. We are provided the opportunity for the event to be staged on trying to make sure those warnings take place in a their property and shared their personal story and fashion that is meaningful to the community. It will consideration of firefighting matters. It was a personal remind people of a call to arms for them to take some account of the coincidence of the many issues that action in relation to the risk they may be confronted Victoria is confronting in relation to our firefighting with. effort. We accept the wisdom of the royal commission and The Lamers, who live right on Plenty Gorge, were advice we have received about the need to make sure subjected to a fire last February, indeed on Black our information is co-located on a single website portal Saturday. There was a fire in Plenty Gorge, and the where fire agencies’ information will be available to the Lamers were as prepared as they have ever been and community through a consolidated and integrated are well-versed in terms of fire mitigation around their approach. We want to make sure our firefighting effort property and committed to trying to reduce the risk on on the day provides for clarity in terms of the command their property. They appreciate that, with the gravity of and control with the relative firefighting agencies. events such as those that occurred on 7 February, it is Those procedures have been refined and clarity has wise for people, regardless of their degree of been provided about who should be taking preparation and knowledge, to take action to remove responsibility for issuing warnings and advice to people themselves from the imminent threat of fire. about the need to relocate in circumstances where that should occur. Certainly that was the message the government and our fire agencies shared with the community at the We understand from police operations there is a need to beginning of Fire Action Week. We took the make sure that there are new protocols in place in opportunity to announce a new approach to emergency relation to roadblocks and access for local community warnings that will add to fire safety. It culminates in a members who may want to relocate from their code red classification to provide a call to action for properties or conversely return to their properties to members of the community to respond on the most assist in protecting property and to make sure that acute days when the fire danger index, or the fire rating roadblocks do not inappropriately intrude on the rights system, has indicated that prevailing weather of land-holders to access their properties. These matters conditions, the dryness of the terrain and the length of have been refined and re-engineered to make sure that intense climatic conditions may warrant our community we, as a community, are better prepared and more fire engaging appropriate and stringent defensive ready than we have ever been before. The resource mechanisms to protect their lives and their families. allocation, the protocols and the information I have outlined to the house mean that our cumulative This warning system coincides with the national firefighting effort is enhanced in a way we have never framework. We want to make sure that during the seen before. course of this week and beyond all citizens appreciate the way in which they should personally respond to Hopefully the degree of community engagement and these matters. It is important that the community is well appreciation of those issues will be heightened at every
QUESTIONS WITHOUT NOTICE
Wednesday, 14 October 2009 COUNCIL 4919 turn. This week the government and our fire agencies The cumulative effect of our efforts and the cumulative want to make sure there is community engagement, and resources that have been allocated to the program mean education programs that permeate our community so that the net effect of this program is such that we will that people understand how fire may impact upon see for the first time a comprehensive program that them — — engages the community and deals with the environmental values that may need to be protected Mrs Coote — The content is good, but the delivery during the course of this burning program. It is the scale is bad. of mosaic burning that will be undertaken under the program into the future that will be of an order of Mr JENNINGS — Critical advice is always useful magnitude we have never seen before. to me. I will enhance my delivery, because this is a matter of the utmost importance to not only the Supplementary question members of the chamber but all members of the community. The retention of these matters by all Mr DRUM (Northern Victoria) — I ask the members of the community is the most important thing. Minister for Environment and Climate Change: is it or Hopefully through Fire Action Week we will achieve a is it not true that the $52 million the minister announced new degree of deeper community engagement that will in May after the bushfires as a way of — and I quote hold our community in good stead in years to come. the minister — ‘The Brumby Labor government … helping communities rebuild after this year’s tragic Bushfires: fuel reduction bushfires’ is exactly the same money he announced in December 2008, two months before the bushfires? Mr DRUM (Northern Victoria) — My question is to the Minister for Environment and Climate Change. Mr JENNINGS (Minister for Environment and In May this year he announced a $5.27 million fuel Climate Change) — It is an interesting question that reduction burning program that he described in his Mr Drum has asked. At some point in time I am press release as a first for Victoria and a program that subjected to a whole line of questioning about whether would maximise the amount of fuel reduction burning there was any response by the Victorian government to as the government helped communities rebuild after the Environment and Natural Resources Committee this year’s tragic bushfires. I ask: in what way was this report, were there any additional resources and were program a first for Victoria? there any additions to the program. My answer to those questions is: yes, we front-footed many of those issues Mr JENNINGS (Minister for Environment and in December. We issued a strategy entitled Living with Climate Change) — Mr Drum is asking me about the Fire — Victoria’s Bushfire Strategy. We allocated nature of what are the first elements of the fuel significant financial support to those programs. We reduction burning program that will be undertaken in a indicated the degree of community engagement that way that has never been undertaken before. I invite him was required and the need for us to increase our effort to have a look. If I am not passionate enough, if I am over time. not detailed enough and if I am not concise enough, he should go back and have a look at the answer I gave An honourable member — Where? Mr Kavanagh yesterday in relation to mosaic burning that will be undertaken as part of this program. Mr JENNINGS — Well-informed people in this community — and I would hope there might be one or Mr Drum — It has never been done before! two in here — will understand that fuel reduction burning on a landscape scale takes place in autumn. Mr JENNINGS — It has never been done to the Financial support of $10 million per year for this degree of the landscape scale and the nature of mosaic program was announced in December. I have never burning that will be part of the program in the future. It indicated to anyone — — has been a feature of the program in the past but never in a way that was as comprehensive and as thorough in Mr Drum interjected. balancing the ecological values of vegetation types, the topography, the conditions in Victoria and the way the Mr JENNINGS — Mr Drum thinks he has community is engaged and becomes involved in the achieved a big coup here today because he thinks there planning and implementation of this program. It has is a slight discrepancy in what I have said on perhaps never been as strategic and as focused in the way it 20 or 30 occasions within the Parliament of Victoria. augments the strategic fuel breaks that have been put in Whenever I am asked to talk on this matter I am very the landscape in the last three seasons. clear about the sequence of decisions and commitments made. I am suggesting to Mr Drum that he needs to
QUESTIONS WITHOUT NOTICE
4920 COUNCIL Wednesday, 14 October 2009 understand there is a continuity of effort in terms of our important community. Margaret Boyd’s community government’s support for the firefighting effort. newspaper has done some great work in helping her local community to appreciate the risk of fire and For all those people who conveniently say that the outlining ways in which people in that community can government only got this message after the tragedy of take action to support themselves and their community last summer, that is not correct. Momentum has been in terms of the fire-mitigation effort. building for years in relation to increasing our effort, as I answered yesterday. In fact for the last three years we The education award was a very inspiring one. It went have grown the fuel reduction burning program to four students from Maffra Secondary College who significantly and at a level that has not been maintained have prepared a very timely and appropriate over successive years in the past 20 years. That is an communications tool for their fellow students to try to important issue for the community to appreciate. encourage them to think about the ways they can participate in volunteer activities, the ways they can Bushfires: fire awareness awards understand how to deal with emergencies and how they may grow through this experience. These four young Ms DARVENIZA (Northern Victoria) — My people — Amy Foster, Jessica Bedggood, Tim Liddell question is also for the Minister for Environment and and Sam Montague — from Maffra Secondary College Climate Change, Gavin Jennings. I ask the minister to demonstrated their ongoing commitment by developing update the house on how the Brumby Labor this educational material — — government is recognising the important roles played by communities, individuals and the Victorian fire Mr Hall — They are good young people down agencies in protecting the state from the threat of there. bushfires. Mr JENNINGS — Absolutely, Mr Hall. They were Mr JENNINGS (Minister for Environment and very enthusiastic. It was fantastic to meet them. They Climate Change) — I thank Ms Darveniza for her were very determined to spread the word, share question and for the opportunity to talk about an knowledge and empower their fellow students. It was important event. Last week my colleague the Minister great to see what they had achieved. In fact beyond the for Police and Emergency Services and I joined the education award they also received $10 000 for their leaders of the firefighting agencies — the DSE school. This was a fire safety grant provided through (Department of Sustainability and the Environment), RACV Insurance to make sure that this work goes the Country Fire Authority and the MFB (Metropolitan beyond Maffra Secondary College and more broadly Fire Brigade) — at an event which celebrated not only through schools in the region. the firefighting capability of our services but also how we engage with various levels of the community to try I am pleased to say that the fire services award for to make sure there is a deeper appreciation of fire impeccable service within the fire agencies themselves awareness, how we as a community can be better went to Parks Victoria and the DSE. They were educated and better prepared for fire risk mitigation and recognised for the very strong community engagement how we can engage members of the community in they undertook in terms of the risk of the Wilsons ways that empower them to take appropriate action to Promontory fire. They made sure that community protect their own lives and the lives of their loved ones. members were well advised and informed about Many great examples were on display during the course imminent risk and engaged in preventive measures in of this award ceremony. their local community. That was an exemplary program of community engagement and worthy of recognition. I would like to briefly outline the range of awards that were provided. Firstly, the community award is given Another community engagement program that was to a not-for-profit, non-fire organisation that shares a recognised as warranting support was the MFB’s greater knowledge of and discusses fire awareness program to try to share the message and an appreciation issues at the community level. That award went to the of the issues faced by people in our community who are Bullengarook — — hearing impaired. A very important collaboration with Vicdeaf led to a campaign, Now Hear This, which is an An honourable member interjected. enhanced fire safety program for deaf children. We think this program is worthy of a high commendation. Mr JENNINGS — In fact this is the first time I have said the name of this important location, which is In terms of the media award, most people think about between Bacchus March and Gisborne. It is an the media’s contribution through the prism of the
QUESTIONS WITHOUT NOTICE
Wednesday, 14 October 2009 COUNCIL 4921
ABC’s engagement, but in fact a great awareness As well as that we have also seen a concerted effort — program ran through the Wimmera region last year on you have heard that today from Minister Jennings, but ACE Radio 3WM. It provided a great service to that we have heard it for many months — across community and was recognised through the media government in relation to the bushfire effort, whether it award. is in bushfire preparation efforts or the very significant efforts that have been invested by this government in The last award I will draw the attention of the house to bushfire recovery. is the RACV Insurance award for excellence, which was awarded to the MFB for its community services It is worth bearing in mind that at any time government training packages program. This again restated the prioritises what it can do in various places, and we are importance of ensuring that we have a well-educated, continuing to work on the integrated housing strategy, well-trained and well-supported group of people but I reinforce that the context in which some of those working in the fire services. These community announcements were made has changed significantly. organisations and these young people have We take great pride in the work we have done in this demonstrated a great commitment to sharing space, and I remind the chamber time and again that we knowledge and empowering others to deal with the risk have an opposition that, when it comes to public of fire. We were very happy to support and housing, incites the worst of public fears — whether it acknowledge their achievement through the fire is about the garbage collection or the crossovers. It will services awards last week. find any — — Housing: integrated strategy Mr Lenders interjected.
Ms LOVELL (Northern Victoria) — I direct my Hon. J. M. MADDEN — Yes, it is almost question without notice to the Minister for Planning. In Hansonesque — I thank the Treasurer very much for September 2006 the then Minister for Housing and the that. The opposition will find almost any reason to Minister for Planning issued a joint paper called criticise the development of social or public housing. Towards an Integrated Victorian Housing Strategy. On But the same party will also call for more work in this 24 June the Minister for Planning told this house that he place, so I find it ironic that the question yesterday was anticipated the strategy would be released shortly, yet on the shelving of two projects, not supporting them — over 1115 days have now passed since the release of even though they were supported locally by local the original document, and I ask: where is the promised government — but at the same time they say, ‘Get Victorian housing strategy that this document was more of this stuff out there! Get more public housing!’. working towards? The irony is not lost on us, nor, I suspect, is it lost on the opposition. Hon. J. M. MADDEN (Minister for Planning) — I welcome Ms Lovell’s interest in this area, and I find it When the opposition finally lands on a policy position quite ironic based on the discussion we had in this in relation to public housing and where it seeks to be chamber yesterday with the questions from some of her involved in this space — whether it is proactive and own backbench in relation to public housing. I find it supportive or whether it is completely negative and phenomenal that the criticism from the opposition is non-supportive — and finds the ground and the space that we have not yet released the integrated housing where it wants to invest its policy efforts, I will strategy, which I can also reinforce is being developed. welcome that response.
Let us put this in the context of the things that have In the meantime the government is making many happened in the last 12 months which might have had a inroads on all fronts when it comes to housing — significant impact on this issue. Certainly the global whether it is Melbourne @ 5 Million or working in financial crisis has had a very significant impact on the partnership with the federal government. All of these way in which housing is provided and develops. As issues are providing housing. The great test, as I have well as that we have had very significant cuts in interest mentioned before, is prices. In Victoria we have some rates, which has also had a significant impact on of the most affordable housing prices on the eastern housing affordability — almost to the point where seaboard. Not only do we have one of the greatest cities housing affordability has dropped out of public in the world in which people want to come and live, but discussion and debate, but I notice that it is beginning to it is also affordable. become an issue on the basis of the adjustments to the interest rates. I remind the opposition that what we see in most parts of the world where there are very attractive cities is that
QUESTIONS WITHOUT NOTICE
4922 COUNCIL Wednesday, 14 October 2009 they are expensive to live in, but in Melbourne we have Mr D. Davis — On a point of order, President, the one of the greatest and most livable cities in the world minister well knows that question time is a time to where affordability is still a key criterion for what the answer questions, not to overtly criticise the opposition, government and the market do, and the competitive and he should answer it. edge is providing for not only current Melburnians but people who want to come and settle here. The PRESIDENT — Order! The Leader of the Opposition is correct. Question time is not a time to I look forward to seeing a policy position from the overtly criticise the opposition. Having said that, I have opposition in this place. We will continue to work on to say that to date I have not heard any overt criticism. our strategy and other efforts along the line, and we look forward to getting support from the opposition in Hon. J. M. MADDEN — When you have a relation to social housing, key worker housing, public responsibility for public housing, as Ms Lovell does in housing and housing affordability on all fronts when it this case, and you call for a comprehensive strategy in comes to these issues. this place, I do not find it ironic, but for my part I cannot help but feel a degree of scepticism, and I The PRESIDENT — Order! I remind suspect there is a degree of scepticism on the part of her Mr Theophanous that whilst it is entirely his right to flit colleagues when it comes to these sorts of questions. around the chamber as he sees fit without disturbing the business of the house, it is not his right to ignore the How can opposition members seriously promote public Chair when he crosses from one side to the other. I housing and display any passion or empathy for those remind Mr Theophanous of that requirement. who might be displaced and need housing when at the Whenever he wants to cross he is free do so, but he will same time they are calling for a whole range of projects acknowledge the Chair. not to go ahead? Obviously Ms Lovell does not sleep well at night and has to sleep in the chamber, as we Supplementary question have seen today.
Ms LOVELL (Northern Victoria) — The Minister The PRESIDENT — Order! The minister goes too for Planning has been without a housing strategy for far. I have already restated the standing orders of the three years now, and given that this paper talks about house in terms of overt criticism. I ask the minister to integrating social housing into communities, perhaps be cognisant of that. the integrated housing strategy has been purposely delayed to allow him to rush through poor planning Hon. J. M. MADDEN — We stand by our record decisions that provide a high level of concentrated on the delivery of public housing, but I suspect the social housing such as the three social housing opposition has no record on the delivery of public development proposals within a 2-kilometre radius in housing to stand on. Kingston and Glen Eira, including 999 Nepean Highway — a seven-storey, 75-unit social housing Bushfires: community preparedness development, which has already been given a permit; Mr VINEY (Eastern Victoria) — My question is to 973 Nepean Highway — a five-storey, 49-unit social the Minister for Planning. Following the devastation of housing development for which the minister is the the 7 February bushfires, can the minister update the planning authority; and the former Highett gasworks house on how the Brumby Labor government is site on the Nepean Highway — a VicUrban plan for continuing to assist people to rebuild their homes and 700-plus dwellings of which 49 per cent of stage 1 is to their lives? be public or social housing, and again for which the minister is the planning authority. Why is the minister Hon. J. M. MADDEN (Minister for Planning) — proceeding with these developments without a strategy? We are all conscious that we have a looming hot, dry summer around the corner. Given that the weather and Hon. J. M. MADDEN (Minister for Planning) — I climate forecasters are suggesting that there is every welcome Ms Lovell’s interest in this area, and it is good prospect of a summer which may well be worse than to see that Mrs Peulich has typed out the question today last summer, we need to prepare for the extremes when so that it can be read clearly, as opposed to it being it comes to the bushfire season. It is important for all of handwritten as it was yesterday when there was some us to prepare and to continue to communicate the difficulty asking the supplementary question. We know message right across the community: we need to why Mrs Peulich may not want to ask the question. I do prepare for this summer’s bushfire season. not need to mention why that is — —
QUESTIONS WITHOUT NOTICE
Wednesday, 14 October 2009 COUNCIL 4923
As well as that, we need to also be conscious that there point them in the right direction. They may not use the are many people from the last bushfire season who are design in the end or they may not use that service in the still counting the cost of what they lost when it came to end, but it can assist them in making some very critical the tragedy of last summer. Having had a number of decisions on the way in which they rebuild. conversations, I can say that many people have been able to move on straightaway and look towards I urge all members to encourage anybody affected who addressing the issues they face. Earlier in the year I was considers that they want to rebuild, or even if they are at Callignee, where I met with a family that suffered the in the immediate process of going through it, to take loss of their home, but they were able to move advantage of this service. This service also themselves to rebuild almost instantly, and they need to complements the Victorian Bushfire Reconstruction be commended for that because it took an enormous and Recovery Authority mobile building advisory amount of courage and mental strength to do. service. This is operating across all bushfire-affected regions to support people through all aspects of the But there are many people who are only now coming to rebuilding process. the full decision about whether they will rebuild or not. Some are choosing not to rebuild, but there are many As well as that, it means that people across Victoria people who want to rebuild, and they need support for who have been affected can access the right that. information about housing design, given that it is fairly technical. An added degree of technicality has been put I had a great opportunity to visit Archicentre in into the mix by the new standards — there is no doubt Hawthorn yesterday morning. Archicentre is at the about that. This service will make sure that people are forefront in helping people across the state to get back compliant with those standards and can feel more on their feet with a free design service. The service is confident that they are building to the appropriate provided to families rebuilding their homes, and there standards. are a number of benefits. The benefits include a site meeting with a registered architect; a bushfire level Our objective is also to make this not only simpler but attack assessment; a review of the local planning and more affordable, because we know people will want to building controls and how they apply to the build to the highest standards. They are concerned circumstances; a concept design including a floor plan about any additional costs, particularly if they are living and elevation sketches; recommendations on in an area where the bushfire attack level is quite high construction materials and ember-resistance measures; and they might have to consider the appropriate information about the likely construction costs; and materials and there may be an additional cost. These further advice on the next steps in rebuilding their services can assist people, as I mentioned before, on homes. how they locate their dwelling, how they orientate the building and how they might consider that investment I encourage members of this chamber, if they know in that light. families that are considering rebuilding and need assistance or some guidance, to tell them about this a All those matters are critical in giving people wonderful service that is still available until the end of confidence. As well is that, this week my department December this year. In terms of some of the designs launched a new bushfire planning and building that were presented to me, you cannot underestimate information webpage, and I encourage all Victorians to how useful this service is. If you have a large or visit this new bushfire planning website which allows reasonably large site and you want to rebuild, the site for building resources information. It is also a link to analysis can show you where the various bushfire these vital websites that provide information about attack levels are, and that can influence where you bushfire planning and building resources, and as I might locate the building on the site. As well as that, it mentioned, there are links to further sites. is going to influence the materials you might choose to use to rebuild. At the end of the day all those elements It also gives people a more thorough understanding of might influence the cost of your dwelling but also adjustments or any technical information that relates to provide additional safety in the event of any bushfire. the Victorian planning provisions and the streamlining we have introduced to assist people to recover in terms All these things need to be borne in mind. There is a of either building or vegetation management around fair degree of technicality, and that sort of support from their homes. professionals in the field is invaluable to people who are reconsidering. If they are in two minds or even if As we go into the next bushfire season I encourage they want to rebuild, getting this advice can certainly people to take the time to look at these resources — if
QUESTIONS WITHOUT NOTICE
4924 COUNCIL Wednesday, 14 October 2009 they are rebuilding, certainly, or if they are preparing Other than that, as I have indicated before, these matters for the next season and they are in these areas I urge are a matter for discussion between all states and the them to take the opportunity to make themselves aware commonwealth at the workplace relations ministerial of these links. council. But the response to the ACTU resolution is a matter for the commonwealth, and it has made its view We have 13 days until the start of the fire season, and on that very clear. after 13 years of drought we cannot be too cautious; neither can we be too well prepared. I urge all Supplementary question Victorians to get ready, to encourage one another, to be enthusiastic about this, to identify the risk, prepare a fire Mr DALLA-RIVA (Eastern Metropolitan) — I plan, clean up their properties and get involved in local think we know where the minister and the government fire preparation activities. stand in relation to the abolition of the ABCC, and I understand their submission in terms of the Wilcox Office of the Australian Building and report. The fact is that the Fair Work Australia division Construction Commissioner: future will be a watered-down version. Given that it is the Labor Party’s clear agenda to abolish the ABCC, I ask: Mr DALLA-RIVA (Eastern Metropolitan) — My has the minister or his department undertaken any question without notice is to the Minister for Industry analysis of the financial and employment impacts on and Trade. I refer the minister to the recent conference industries in Victoria that will be affected when the of the Australian Council of Trade Unions and the ABCC is abolished? passing of a resolution that called for the abolition of the Australian building and construction commission Hon. M. P. PAKULA (Minister for Industry and (ABCC), and I ask: as Victoria’s industry minister, will Trade) — As I said, Mr Dalla-Riva is looking very it be government policy to support the ACTU and its dapper today but he is not getting any better because he union mates in shutting down the ABCC or will the has just set up a straw man and then sought to knock it minister fight on behalf of the building and construction down. Mr Dalla-Riva comes into the Parliament and industry in Victoria to retain the ABCC? asserts that it is a clear intention of the Labor Party to abolish the ABCC. He obviously did not listen to my Hon. M. P. PAKULA (Minister for Industry and answer to the substantive question: the commonwealth Trade) — I thank Mr Dalla-Riva for his question — has made it perfectly clear that a specialist division of and he is looking very dapper today, like the monopoly Fair Work Australia for the construction industry will board banker. His question is remarkably similar to a remain in place. question asked of me by, I think, Mr Atkinson in this place some weeks ago — in my capacity as Minister The rest of Mr Dalla-Riva’s question is utterly moot. for Industrial Relations in that circumstance. These sorts of inquiries that might be undertaken into something that is not going to happen would seem to The Australian Council of Trade Unions is within its me to be a waste of resources, because the rights to pass any resolution it likes. That is a matter for commonwealth has made it clear that its intentions are the ACTU, and the ACTU continues to lobby the nothing like those that Mr Dalla-Riva seeks to ascribe federal government, as is its right to do, about the to it. Australian building and construction commission. As I indicated to Mr Atkinson in response to his question I do not know how much clearer I can be about this. some time ago, the Victorian government made some This matter has been raised in this place on a couple of submissions to the commonwealth about the Wilcox occasions. Mr Dalla-Riva comes in here and makes report and its response to the report. completely unfounded assertions about the way this matter is going to progress. The federal Minister for As I think I indicated to the Parliament at the time, the Employment and Workplace Relations, Julia Gillard, Victorian government was gratified that a number of and the Prime Minister have made their position on this the submissions by the Victorian government were very clear. taken up by the commonwealth in its response to the Wilcox report. The federal government has since I point out once again that the Labor Party’s approach, indicated it will set up a specialist division of Fair Work the cooperative approach to industrial relations, one that Australia for the construction division, and has said it is does not involve Australian workplace agreements — unlikely to change its decision. Beyond that, these and I note that Mr Turnbull has brought them back to matters remain within the province of the life — one that does not involve stripping casual commonwealth. loadings, stripping shift allowances or removing
QUESTIONS WITHOUT NOTICE
Wednesday, 14 October 2009 COUNCIL 4925 overtime penalties, as the Kennett government did in its Authority (CFA). Ms Pulford’s entire electorate will be time in office, which was not an approach that led to a CFA area, and those 59 000 volunteers and industrial harmony, is the approach pursued by Labor harnessing the resources of our people will be critical. governments at both the state and federal levels. There is $33 million towards upgrading Department of In the last quarter of the Kennett government, Sustainability and Environment pagers and radios. In 112 000 days were lost to industrial action. What is the addition there is money to replace 87 CFA appliances figure now? It is less than one-tenth of that. So over the next year; money to replace 15 heavy rescue Mr Dalla-Riva comes in here with unfounded assertions vehicles, 7 four-wheel drive vehicles, 9 rescue boats and asks questions based on false premises, yet all the and 11 road crash rescue kits at VICSES units across while the opposition’s record on industrial relations is Victoria; and also money for 42 ultra light tankers. poor, it is confrontational and it does not stack up against the more cooperative and harmonious approach There are a series of amounts investing in equipment pursued by Labor governments at both the state and and supporting our workforce and volunteers as we go federal levels. forward to a very uncertain bushfire season and summer. Many of us in this house read the 1939 royal Bushfires: preparedness commission report; all of us in this house experienced in one form or another what happened to Victoria this Ms PULFORD (Western Victoria) — My question year, in the bushfires we often see as being on Black is to the Treasurer. Can the Treasurer inform the house Saturday but which, as those in Gippsland know, of how the Brumby Labor government is providing started a bit earlier than Black Saturday. financial support to assist Victorians to prepare for the upcoming bushfire season? This is about helping Victoria prepare. This is one of the most important weeks this state has had — the Mr LENDERS (Treasurer) — I thank Ms Pulford bushfire preparation week. We know what happened; for her question and her interest in how we can deal we know what could happen. So we, as citizens, both with what happened last year and with preparing collectively and individually can use this week to for what may happen this summer. Ms Pulford’s prepare for the bushfire season. I thank Ms Pulford for question is very pertinent, because it goes right to the her question and let her know that the state is point of what the state government is doing to actually determined to help prepare Victorians so that as a assist communities and fire services prepare for what community and as citizens we can go forward to face a may happen in the fire season — and prepare with the very difficult summer. confidence that we can go forward and deal with these issues. Coal: exports
In the budget there were a number of areas where the Mr BARBER (Northern Metropolitan) — My state supported local communities and our fire services. question is for the Minister for Environment and I have already reported to this house that in the budget Climate Change, Mr Jennings, in relation to the we apportioned over the forward estimates proposal for coal exports to India. Now that the $986 million of extra money towards dealing with both government’s cabinet submissions are all over the the previous fires’ restitution and preparation going newspapers, I was wondering whether the minister forward for the future. In addition, since that, when the could do the Parliament the courtesy of detailing government put in its submission to the bushfires royal actions that have been taken to date to facilitate this commission, we put in a further amount of more than idea; I am thinking in the realms of pre-feasibility and $50 million. environmental impact. I would be particularly keen to know if the Premier had any meetings with operators of I know why Mr Kavanagh very reasonably says in this Indian coal-powered generators while he was in India. place that we often talk about money and amounts and asks, ‘What is money? It should be what we are doing Mr JENNINGS (Minister for Environment and with the money’. These amounts of moneys will let us Climate Change) — I am very happy to provide do a range of things: $56 million will allow the Mr Barber with some of the answers he may be Emergency Services Telecommunications Authority to seeking, within my knowledge of them. improve its capacity to manage calls and dispatch units; $57 million will allow us to purchase new radios and Mr Barber interjected. upgrade radio and pager networks used by the State Emergency Service (SES) and the Country Fire Mr JENNINGS — I have a lot of knowledge about this matter, but I do not have any knowledge of some
QUESTIONS WITHOUT NOTICE
4926 COUNCIL Wednesday, 14 October 2009 aspects of Mr Barber’s question. Let me volunteer that I think a sensible government would do that. I can on the last element of his question I do not know the assure Mr Barber that the basket of issues I have just Premier’s detailed itinerary and who he spoke to in outlined is the type of analysis and forensic detail that India; I do not know about that matter. I quite Victoria would examine before any proposal proceeded wholeheartedly say I know some elements of the beyond being a proposal. Premier’s itinerary, but I do not know all the people he spoke to. Supplementary question
Whilst Mr Barber’s question is premised on the fact Mr BARBER (Northern Metropolitan) — I thank that the cabinet submissions are splashed all over the minister for that very satisfactory assurance. Just to today’s newspaper in relation to the potential for brown clarify one aspect of what the minister detailed there, coal exports to India, I can say that a forensic does the government have any estimate of the likely investigation of what is in the newspaper reveals that it domestic energy requirement needed to take this coal is pretty scanty in relation to any information that may from mine to port and all the many other steps that have been contained within the purported cabinet would be taken in between? Is there a range of documents. estimates for what energy goes into this process per tonne of coal ultimately exported? I do not think there is any level of detail beyond the notion that a proponent has approached the government Mr JENNINGS (Minister for Environment and of Victoria with the potential to treat brown coal in Climate Change) — I reckon Mr Barber is doing a Victoria to make it burn more efficiently and therefore pretty good job. He got a better answer than he reduce its release of carbon dioxide into the atmosphere probably was anticipating in terms of the basket of through electricity generation. Apart from that then issues I outlined that we have been considering. becoming an export commodity to India, that is about Potentially if I keep on answering one question after the level of detail that that splash on the front of today’s another he may do the complete due diligence the Age conveyed to anybody in the community. A Victorian government is undertaking. I probably will Victorian company has come forward with a proposal not furnish him with the detail of any of those matters, based upon some research and development it has been but I can assure the community that the Victorian undertaking to try to improve the performance of government is absolutely determined to ensure that the drying and effectively burning coal to enable it to economic viability of this state is enhanced and that we exported to India — that is about the dimension of what try to provide for jobs. is in the paper today. At the same time we do not lose sight for one second of Having said that, it is important for any member of the our approach to sustainability and sustainable economic community to understand that, when a proponent activity, the impact upon the environment and the comes forward to the government, the government does contribution both domestically and internationally to quite a degree of detailed analysis about the upsides and greenhouse gas abatement. We do not lose sight of this downsides — what it might mean in terms of job for a second, and we do not lose sight for a second of creation, what it might mean in terms of export any of the downstream environmental considerations in potential, what it might mean for infrastructure that this matter and the total environmental cost that may may be required to deliver it and what is the size of the relate to this proposal. market that may see this as a marketable opportunity for Victorian resources. That is the analysis in terms of Budget sector: financial report 2008–09 assessing the proposal as a viable economic driver for Ms BROAD (Northern Victoria) — My question is Victoria. to the Treasurer, John Lenders. Can the Treasurer On the other side of the equation we look at how update the house on today’s release of the annual effective the technology may be, how efficient the financial report and whether the Brumby Labor research and development may be and what the government’s budget forecasts have held up? environmental impacts may be in Victoria if such a Mr LENDERS (Treasurer) — I thank Ms Broad for proposal were feasible. You might have a look at what her question. The answer to the second part of her the net contribution to greenhouse gas emissions in question is yes, the forecasts have held up. The annual Victoria may be. You might have a look at the net financial report is a measure of the 2008 budget rather greenhouse gas contributions if it is an export than the 2009 budget. The Parliament was presented commodity and is used offshore. with a budget in May 2008. The Parliament agreed to
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4927 that budget and then the budget was implemented drought was unique to Victoria and put some real through the next financial year. This is the report on pressures on us in how we dealt with it as a state. that budget. Honourable members interjecting. There was an update of the economic forecasts in the budget this year. This shows a remarkable outcome Mr LENDERS — Mr Drum well knows there has similar to what was forecast three-quarters of the way been more than $400 million in drought assistance and through the financial year. What we saw was a the Future Farming strategy to try to address the issues challenging year. We saw a year when every Treasurer of agriculture, let alone the water grid in the state to on the planet faced the challenges of the global support it. financial crisis and what that did to our budgets. We see that clearly in the hit the state took in revenue over that In response to Ms Broad, the third issue we have been period of time. But because we were a robust economy dealing with is the fires. We have had a bit of with sound budgets and we made strong priority discussion about the fires in the house during question choices in the budget, we managed to keep a budget time today. Despite the challenges of the global surplus. We were the only state jurisdiction to forecast a financial crisis, despite the challenges of the negativity surplus for all four years going forward. Where Victoria of the likes of Mr Drum — despite these issues — we was different from other jurisdictions was that this was have a budget that came in in operating surplus. That is its 13th year of drought. While we have had very a strong basis for us to continue investing in promising rains in a lot of the state, the drought is not infrastructure which we need to improve our quality of over and many communities are still facing sustained life and strengthen the economy in a state the stress going forward on the basis of where we are with population of which is growing by 2 per cent a year. climate change, lower stream flows and lower rainfall. That is critical to deliver the services in health, That was an extra challenge to our budget that we education, transport and community safety that were so needed to deal with — the 13th year of drought. savagely slashed in the years leading up to the election of this government and to position us to go forward. Mr Finn interjected. I thank Ms Broad for her question. I commend the Mr LENDERS — Mr Finn may be talking about report to the house, because what it does is set the dams, but I say to Mr Finn that this is the 13th year of foundation for Victoria to become an even better place drought, and stream flows in most parts of the state are to live, work and raise a family. half or less than historical levels, and the government has been working on investing in that going forward — Sitting suspended 1.07 p.m. until 2.13 p.m. that is the critical thing.
If we are talking about investment in infrastructure, ANTICORRUPTION COMMISSION: look at the Wimmera–Mallee pipeline — and my SELECT COMMITTEE colleague Mr Holding, the Minister for Water, was in Debate resumed. the Wimmera on Monday making announcements — which the Kennett government was too lazy to do Mr BARBER (Northern Metropolitan) — Before anything about. It was a bit like EastLink: it talked the break I was moving through what I believe are the about it for years but did nothing. It did not allocate one essential supporting elements to a public integrity dollar to that program. Members of that government system and providing, in a way, an antidote to what talked about it a lot when they were talking about the Mr Davis has called the ‘ramshackle matrix’ of toenails of the state, but they did nothing about the different measures we have in place in Victoria. I Wimmera–Mallee pipeline. That pipeline is now referred to the Public Accounts and Estimates running, which means the 90 per cent plus that we lost Committee. In other Westminster jurisdictions the through evaporation and seepage has been curtailed. I estimates committee is an incredibly powerful and know from talking to locals in the Wimmera — and independent, and in some ways feared, committee. In Ms Pulford was with me at one of these functions — Victoria it is a dancing bear, with the Premier’s hand on that farmers in the Wimmera are talking about the the other end of the leash. cleanest, most reliable water supply they have had. The Greens have already taken steps to try to improve In response to Ms Broad, the first thing is that the that situation. Virtually one of the first bills the house global financial crisis was universal. The 13th year of dealt with in this sitting made changes to the structure of the joint committees. At that time the Greens moved
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4928 COUNCIL Wednesday, 14 October 2009 an amendment that said that whatever the make-up of a essential. Otherwise, how will we ever know that Parliament, the Public Accounts and Estimates something is up, and what would an ICAC Committee would always have, by law, a (independent commission against corruption) be non-government majority and a non-government chair. seeking to do? On that one we actually received the support of the Liberals. However, as The Nationals were not in On the deadlocked bill provision in the constitution, we coalition with the Liberals at the time they took a have now seen the government turn it to its own ends. I different tack, and unfortunately that amendment was have not heard from the opposition that it is seeking the defeated. However, it has not gone away as far as we repeal of that provision. If it were in government, why are concerned, because we believe the estimates would it not be using it in the same way the committee is the audit committee for the state of government is using it now? Sure, in opposition it is Victoria and is absolutely crucial. At the moment I opposed to it being used, but that does not mean it think it does not even meet the sorts of standards that opposes the provision. To its credit, it did oppose that, would be required of an Australian Stock Exchange along with a number of other things, when the upper listed company under its rules. house was reformed. However, given the difficulty of repealing that provision from the constitution, including Clearly as we go through these planks reform of the going to a public referendum, we would hope to hear FOI act is essential, and the most important part of that from the opposition that that is its policy right now. is around the provisions for cabinet confidentiality. These provisions were narrowed from the point of view Parties almost never reform themselves in office. When of an applicant, or widened from the point of view of a parties reform themselves, they do it in opposition. This government in cabinet — by the Kennett government. opposition has had 10 years in opposition, and you There was slight narrowing of the provision by the would think that it would be well down that track. Bracks government, but really this whole provision needs to be completely rewritten. On the various offences that elected officials can commit, there is no point in having an ICAC unless that It is an impossible situation that when cabinet is ICAC can make a finding that someone has quite likely considering a matter any of the documents that form committed a particular offence. What are those offences part of its consideration are off limits. It is one thing to in relation to elected representatives? I have talked have documents that might disclose the deliberations of about them at length in debates on some other motions cabinet in terms of what options it looked at and what we have had here, but they broadly fall under the considerations it brought to bear in making its final heading of ‘misuse of public office’, a very decision. But the raw material to that decision, which is long-established common-law offence — often, as far as we are aware, stapled to the back of unfortunately, though, not frequently used. cabinet submissions or probably rolled in by the trolley full, was paid for by us, the taxpayers. It explains the Mr D. Davis interjected. reason the government came to the decision that it Mr BARBER — To take up Mr Davis’s ultimately did, and frankly we deserve that information. interjection, the so-called corruption offences are not Of course when it is on a major project or a major really to be found in the Victorian statute book. There is policy shift with significant implications it is even more no offence there called ‘corruption’. The word ‘corrupt’ important to understand it, and in those circumstances is often used as an adjective — ‘to corruptly do the government is even less inclined to give it. so-and-so’ — in the Crimes Act, but it is not clear what An example of this would be some of the efforts we ‘corruption’ is. In fact there is ‘misuse of public office’ have already made, in some cases through the select and lately there has been a lot of talk around here about committee process, to obtain the business case for some ‘improper influence’, but that itself is not necessarily an of these major investments that the government is offence unless you are talking about that much higher making on our behalf. On the subject of select test in the Crimes Act around secret commissions for committees, a select committee had an inquiry into the agents. It is not at all clear that a politician is necessarily business case for channel deepening. While it did all the acting as an agent for the purposes of that act. things that select committees — you would hope — do, I do not want to anticipate debate but in the local the one thing it never had was an opportunity to government bill that we will be debating later the examine the business case. We had an inquiry into the government is setting up a statutory offence which sets business case but we never saw the business case, out the main elements of misuse of public office, so for because that piece of holy of holies was the one thing local councillors at least we will have a clear statutory the government would never give up. That reform is
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4929 offence. In my discussions with the Ombudsman and look at until, in some cases, 20 or 30 years down the the Office of Local Government they expressed some track. So some legal reform is required there. For that doubt as to whether they could meet the burden of those matter, we cannot even understand the true asset or particular offences. They were more or less saying that liability value for the purpose of signing off our own it would be too hard to prove and prosecute such accounts. As the number of dollars gets bigger and offences. If that is the case, then we have a real bigger it becomes a bigger and bigger unknown on our difficulty and we need urgent reform. public balance sheet, and that is simply unacceptable.
Politicians — by which I mean us; I am referring Regarding what I was saying earlier about the various collectively to the members of this Parliament — have codes of conduct, the most essential element is a been pretty loath to put more strictures on themselves. ministerial code of conduct, because of all the people You will see a 40-page code of conduct for public we have been talking about, who has the most direct servants; you will see a 20-page model code of conduct influence and the most executive control? It has to be for councillors; you will even see half a dozen pages for ministers. As I understand it the government has our own electorate officers, through their agreement; comprehensively ruled out a ministerial code of but when you look at what our code of conduct is you conduct. I am not sure what this state opposition’s view see it is basically three fairly unclear dot points in an is — — act. We pass laws regulating everybody else every day of the week; we have not really been too keen to pass Mr D. Davis — We have said that we will. laws regulating ourselves. Mr BARBER — But they could do worse than to We have spent plenty of time in this chamber talking adopt the John Howard code, because it was actually about documents motions, and the government in its quite effective. Mr Davis has just said that it is their mind has a very clear view of what it can hold back and policy to do so. what it does not have to give us. Of course the non-government parties have disputed that on a number When I have read a number of the Ombudsman’s of occasions. But since the opposition could be the reports, particularly the Brimbank report, the first government in 12 months time and we could be facing question I have asked myself is how did he come to an election even earlier than that, I would like to hear make these findings, because he is specifically from the opposition members what their approach to excluded from examining councillors and elected this issue would be. Since the issue is really one of officials whilst they are acting in their roles. His act privilege, do they intend to codify that privilege in says he cannot investigate councillors. In fact in order statute to remove all doubt, the way a number of to write the report that he did the Ombudsman had to privileges have been codified at the federal level? That use a series of backdoor powers to get at the various would be one way of resolving the debate we have been acts and codes of conduct. having about the privilege of this house vis-a-vis At the moment there is nobody who has the capacity to executive government without going via the judicial go directly after MPs and other elected officials, and yet system. that is the most important aspect of what we are Many of the allegations of improper use of public office discussing here. In elected office you are acting with have swirled around major projects, and increasingly the trust of the people who elected you, and any act that what we see is that those major projects are PPPs corrodes that trust is not simple fraud, like taking (public-private partnerships). I know the money out of the till at your job at the video library; it Auditor-General has real concerns about his ability to is something that has such a corrosive effect across the dig into those PPPs. Our long-tail liabilities on behalf of whole political system that it effectively undermines the the taxpayer could be to inherit one of these projects whole thing. Right now the opposition is doing its best back in 20 years time. For example, we might end up to undermine public confidence in the government, but owning Melbourne CityLink or Melbourne Convention from where we sit on the crossbenches we are more and Exhibition Centre. But there may be some doubts interested in how we can restore public confidence in about the Auditor-General’s ability to audit those government per se, because that will make all of our projects right now because he audits government, and jobs a lot easier. right now those projects are owned by private I could go on a bit longer about the environment effects individuals. He does not have the power to go in there statement process, which is a rather non-transparent and start kicking the tyres and demanding from them process involving many key decisions about what various documents that would allow him to assess the condition of an asset that we will not even get a proper
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4930 COUNCIL Wednesday, 14 October 2009 information is even provided, and ministers control that has been Mr Kavanagh. On virtually every question process. that has come up, to my memory, where the issue is one of transparency and openness in government it has been There has been a dispute about the real independence of the Greens and Mr Kavanagh, as a minimum, on one the independent gambling regulator. That independence side of the chamber with some combination of Labor, was clearly eroded when commissioners were replaced Liberal and The Nationals squeezed tightly onto the midstream; I would have to say it was somewhat small benches on the other side there. restored by the work of Ron Merkel. Far from the picture that Mr David Davis wanted to paint about I am giving the opposition a lot of gratuitous political lobbyists crawling all over everything, what we are now advice here, but I wonder whether the reason it has not hearing is screams from lobbyists and even those who announced its policies on these areas is that it is worried just have an interest by virtue of running poker machine the government might steal them. It seems pretty venues that they cannot get anywhere near the minister unlikely that that would happen. The government has to ask the most simple and basic questions. On that already vastly ruled these things out, so if the aspect they have gone, seemingly, as far to one extreme opposition were to adopt them as policies and announce as you can possibly go. them, it would face little risk that the government would nick its policies between now and election time. Then we read the James Packer correspondence and we If it is the list of policies I am laying out here, it would get a totally different picture. Letters are flying around be pretty safe on that one. and the Victorian Commission for Gambling Regulation is in the middle meekly giving a Mr David Davis also referred in his contribution to the pre-emptive ruling on what its own decision might be issue of government advertising. I am not sure if he has before it has even given the proper consideration. It put forward an alternative on that one, but I will say said, ‘Yes. As much as we can say yes now, the answer this: there was a case known as Combet and Roxon v. is yes. Legally we cannot say yes but that is the best we Commonwealth where they went to the High Court of think we can do’. We expect a lot better from a Australia to try to prevent the Howard federal gambling regulator. It may have run around doing a lot government from using budget lines to roll out a of fit and proper person tests on a bunch of people, and massive advertising campaign in support of a piece of hopefully that has formed a bit of a net, but on so many legislation it had not even presented yet. Unfortunately other issues to do with gambling it is just not doing for us, what the High Court decided was that a line in what its statute set it up to do. As a result of that we get an appropriation bill or an objective-based line in a these continuing discussions and allegations being put budget paper that referred vaguely to ‘increasing forward with no real way to clear them up. productivity in the workplace’, I think it was, could basically be used for anything the government wanted. Planning scheme amendments, of course, are another It seems that our most basic and fundamental check and source of potential corruption or are open to influence, balance in the system, which is the requirement for the especially when they are taken over by a state minister government to come back every year and get another and especially when that state minister has the power to year’s worth of money, does not really mean much. We immediately make them law without ever putting them definitely need a change, either to the constitution or to on exhibition. I see Mr David Davis nodding over there. the structure of those appropriation bills. I wonder whether he would support my proposition that nobody should have the power to create a planning All these measures are the essential elements that scheme amendment without it going on exhibition at would need to be put in place for an independent some stage. I certainly support interim controls in some commission against corruption (ICAC) to mean cases, but the same provision that allows those interim anything. Without them an ICAC simply runs around controls can either require that they be in place for doing various sorts of investigations and if it finds 12 months while an exhibition process goes on or it can something, it says, ‘Yes, most people think it is off, but be used to make an indefinite control with no member it is not illegal’. We need a whole interlocking set of of the public ever having a say on it. There is an checks and balances, most of them aimed at the way opportunity for the opposition to add to its policy suite. politicians, especially ministers, do business. We should not leave the public out of it either, because they I have to say that on all the issues I have raised here — are the ultimate form of check and balance. and I point out that we have been working through these issues through various motions and votes in this If this proposal for a select committee were somewhat house ever since we got here — the only other political wider and included an inquiry into influence peddling force represented here who has been consistent with us in the Victorian political system, we would be a lot
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4931 more interested because influence peddling is not But an inquiry into the need for an ICAC seems restricted to the government; it is aimed at a whole somewhat redundant given we have already prejudged range of parties when votes come before this that, and we already have our preferred mechanism for Parliament. If we had such an inquiry under way, we moving that forward. would, of course, be looking at the same sorts of connections that Mr David Davis referred to, but we The opposition might find this a bit tough, but the would be looking at them across the board. We would opposition needs to talk about what it thinks of the want to start by looking at some of the major donors to government’s policies over its last three years. As we all political parties and asking whether what is going on move closer to an election every day we are more there represents an improper influence. inclined to put a bit more of a spotlight onto the opposition, to see what its policies are. We could, for example, try to crack open the finances and the role in policy-making of the Higgins 200 Club, If there is no other reason, the job of the opposition is to which is an associated entity set up solely for the set limits for the government. To the extent it does not purpose of raising money for the Liberal Party and is do that job, the government is completely free to do chaired by someone known as Peter Bartels. It has sent pretty much what it wants. As for the other issues across to the Liberal Party a huge amount of money but referred to in the motion, there seems to be a whole as a result of the $10 000 donation disclosure limit, range of different concerns around various aspects of which I think is indexed to the consumer price index public administration. and keeps going up all the time, very few of the donations have to be disclosed by the Higgins The Parliament does have a Standing Committee on 200 Club. What you get is a huge amount of money Finance and Public Administration, which can move coming out but only half a dozen donations — those very fast. If it is in regard to that seemingly separate that happen to be bigger than $10 300; I think that is the section of the motion, I would be glad to haul before the new limit — coming out. Standing Committee on Finance and Public Administration any agency to home in on any particular If I were inclined in the same way as Mr David Davis, I matter using all of the powers the upper house is willing would now start rolling out all sorts of lurid allusions to to give itself to raise that issue. Peter Bartels — what boards he was on, what his role in the Liberal Party is, whether any of the people who I do not know why we have had so few matters and so donated to the Higgins 200 Club have discussed with little formal meeting time at the Standing Committee on Mr Bartels any policy matter that the Liberals were Finance and Public Administration. My view is that is dealing with in the state Parliament and so on and so why we set it up, yet a great deal of material has not forth. It is easy to do that stuff but much harder, with been referred to it. There have been some quite helpful the opportunities that we have through this Parliament, investigations under way, particularly into hospitals, but to ever definitely close one of those cases. While on other issues it has either moved quite slowly or has Mr David Davis constantly refers to Labor mates this, received little work. I think it should meet and should Labor mates that, I am pretty confident that the day a have a hearing every Monday; it should just keep Liberal government took over you would either have rolling in agencies, administrative officers and other the same group of Liberal mates doing the same thing aspects. For the little it has done of that, it has done an or people more recently known as Labor mates just extremely successful job. I think it has had a real becoming Liberal mates; they would be the same political impact. But I am not quite sure why, given its people who had just changed their hats. wide-ranging powers and mandate, specific allegations have not been brought to it. Mrs Peulich — Why wouldn’t you support a committee, then? While I am at it, what is the opposition’s position on the funding of select committees? Should it become the Mr BARBER — To respond to Mrs Peulich, if this government’s responsibility? The amount of money were an inquiry into influence peddling across the provided to these committees now, that would be political system where we get to follow the money all allowable for the committee that Mr Davis has of the way, then it would be a somewhat different proposed, is really minimal. Therefore the problem with proposition. that is then the committee is unable to pursue matters in the investigative way it should if it were trying to do the At this time the Greens are not inclined to support the job that Mr Davis claims it should do — that is, to motion in this particular format, which is not to say we investigate corruption in Victoria. would not continue to pursue some of the same issues.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4932 COUNCIL Wednesday, 14 October 2009
The problem with that is, because it does not have the Mr Viney spoke about a witch-hunt and about resources to do its job properly, it almost looks like the mud-slinging. I think one of the main points behind that government has been given a clean bill of health when is that we should be extremely careful in our use of the the committee cannot find anything. That is a real extraordinary privilege we are granted in this house to difficulty but is not the fault of the committee. be immune from civil action no matter what we say about people. I think it is a good thing when Mr Viney I would be keen to get a firm commitment from the reminds us of that, and it is something to be constantly opposition before it enters government as to what borne in mind. However, I do not think it is fair to ongoing funding it will provide to upper house standing regard reasonable suspicions of people or organisations committees or select committees, because that would, as mud-slinging or character assassination. There may again, start to gee up the government a little bit and set well be reasons to suspect people of corruption or bad a kind of benchmark underneath it. behaviour, and in my view it would be quite appropriate for this house to set up a committee to For those reasons the Greens, while supporting the investigate and determine whether or not there are broad view of the opposition on the necessity of reasonable grounds for those suspicions. integrity in government, are really looking for two things: a whole series of commitments, not least of Mr Viney has expressed distrust about the members of which is the function, structure and mandate of an the committee regarding their capacity to make ICAC, but all of the many necessary mechanisms judgements and to be objective or fair in what they which would be essential for an ICAC to have any real investigate. In my view, the members of the committee functionality; and secondly, genuine mechanisms would be quite trustworthy, and I think they would be where we can make some progress on this issue. cognisant of their responsibilities to the people whose activities they are investigating — and indeed to the We will always look at proposals that are brought broader community, the body politic of Victoria. On the forward for that and give them some serious other hand, Mr Viney does have trust and faith in the consideration, but in terms of this particular motion and judgement of the Australian people generally. I differ in the way it is framed, we are not supporting it. that also. Having never voted for anybody who has ever Mr KAVANAGH (Western Victoria) — won in an election, I can hardly — — Mr Barber’s contribution was a surprising and rather Honourable members interjecting. disappointing one and, more importantly, many of his supporters would also be disappointed by the decision Mr KAVANAGH — Even if people did have the of Mr Barber and his party not to support this motion. ability to make sound judgements, that capacity would depend on accurate information. Accurate information, Mr Barber argued that what this motion attempts to do in the form of revelations about the behaviour of certain is not fully satisfactory and that we could do better with individuals, may be required in order to form sound an anticorruption commission, for example. No doubt judgements about people, parties and governments. that is true. I think the proposer of this motion, Mr Davis, I and many other members would prefer to I do not think anybody suspects that the Victorian see a full anticorruption commission, but it is not within government is rotten to the core or anything like that; the power of this house to set up an anticorruption we probably have a relatively clean government in this commission. What is within the power of this house is state, thankfully. However, that is not to say it could not to establish a committee with the sorts of functions and be better and cleaner than it is. The old legal maxim is roles that Mr Davis has argued for. that justice must not only be done but it must be seen to be done. It is just as true, I think, that government must Therefore, it seems quite appropriate that we should do not only be clean but it must be seen to be clean. I think what we can in the meantime — which would be to establishing this committee, and the work of this support this motion. It should also be noted that the committee if it is established, would be a step in the establishment of this committee pursuant to this motion direction of not only making the government clean but would not prevent the establishment of an allowing the people of Victoria to see that it is clean. anticorruption commission in the long-term either. Mr SCHEFFER (Eastern Victoria) — I also rise to Mrs Peulich — It might facilitate the deliberations. speak against Mr David Davis’s motion. I have had a Mr KAVANAGH — It could facilitate the good look at the motion itself and in the end, after deliberations and indeed facilitate the establishment of giving it reasonable consideration, frankly I am hard an anticorruption commission in the long run. pressed to work out what it aims to achieve beyond
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4933 setting up a committee resourced by the Parliament to Legislative Council committees, two are Legislative basically go on a fishing trip, to use a cliché. Assembly committees and the last one is the Dispute Resolution Committee. I found Mr Barber’s presentation to be extremely thought-provoking and wide-ranging, a contribution Of these committees, the council can refer that is worthy of the house and worthy of consideration investigations to any of the 12 joint committees and any in relation to a range of very complex issues. I thought of the 5 Legislative Council committees. The council the proposal he mentioned at the beginning of his has done so on a number of occasions, and one of the contribution — to send this whole consideration to a committees that I am member of — the Family and body with the authority and expertise of the Law Community Development Committee — has already Reform Commission — was a reasonable one. received references on housing accommodation for people with disabilities and mental health issues, and it While I understand that in our system it is the role of has also received a reference on public housing. So the opposition and it is absolutely the role of the there is an example of an opportunity where the house Parliament to put the executive under scrutiny, this has decided that it will make references to a committee particular motion casts a net so wide as to be that already exists, and that is a reasonable strategy to irresponsible. The only part of the motion we need to follow. consider is paragraph 1, because the remaining 12 paragraphs are basically organisational. I will just The Standing Committee on Finance and Public look at paragraph 1 itself. It shows, I believe, a Administration that Mr Barber had a bit to say about disappointing lack of rigour. I believe Mr Davis is towards the end of his contribution was established by bound to specify the particular matters relating to the the Council in November 2007, and I believe it started failure of the government’s performance that he thinks its work in April 2008. Currently this committee has the committee should inquire into. before it an inquiry into departmental and agency performance and operations that was commissioned in I do not think it is good enough to gesture in the October 2008. In 12 months it conducted five hearings Parliament, in the way he did in his contribution, to a and in June this year it tabled in the Legislative Council range of unspecified allegations that he says surround a report on the performance of Goulburn-Murray Water the government’s failures. I do not think it is good and the Victorian Skills Commission. That is well and enough to allude to general improper influences good. associated with government. I think these are nebulous. I think terms of reference proposing to establish a new Another inquiry into the business case for water select committee of the house must be much more infrastructure was referred to the Standing Committee precise and tightly codified. I think the house is entitled on Finance and Public Administration in November last to know exactly what it is being asked to support. year. One public hearing was held on 21 August this year, and the website advises that further hearings are If there are concerns that Mr Davis thinks should be proposed for later this year, but no report has been investigated, he should, in the public interest, state what tabled yet. The inquiry into public hospital performance they are and spell out clear terms of reference so that data was referred to the Standing Committee on the committee he wishes to establish has clear Finance and Public Administration in November 2008, instructions from the house. and two hearings were held in August this year — nine months after the reference was issued by the Council. Given the shoddy drafting and the shallow thinking The website in this case also announces that further evidenced in Mr Davis’s terms of reference I think the hearings will be held later this year and advises that house should reject the motion on the basis that we further details will follow. cannot be clear on what exactly it is this committee will be doing until it reports on 30 September next year. An inquiry into builders warranty insurance was also referred to the standing committee in September this Mr Davis calls for the establishment of a new select year, and the committee website advises that the committee. This needs to be understood against the committee is considering how to proceed with the background of the committees that have already been inquiry and that interested parties might wish to get in created during the life of this Parliament and the extent touch with the committee secretariat. I should say to which those committees have discharged the before I proceed that it has completed one inquiry, into references that have been given to them. The the Port Phillip Bay channel deepening issue. Parliament has established 20 committees. Twelve of them are joint investigatory committees, five are
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4934 COUNCIL Wednesday, 14 October 2009
This committee was appointed by this house to inquire of working themselves out of a corrupt culture by their into ‘any proposal, matter or thing concerned with own efforts. public administration or public sector finances’. Mr Barber is absolutely correct — why does Mr Davis However, I think the first line of defence against not use the scope of that committee to pursue the corruption needs to be a strong values framework that matters that he raises in this motion? The committee promotes ethical behaviour right across the system. In has a very wide brief, and Parliament would be much the public sector there needs to be a clear and firmly better served if the provisions that created it and its followed set of accountability lines, reporting to charter were used more fully than they have been. Parliament ultimately, and having the oversight of the Auditor-General and the Ombudsman. Criminal The house also established three select committees. behaviour, of course, needs to be dealt with by the Two of those, on gaming licensing and public land police. development, completed their inquiries, and reports on them were tabled in May and September last year. The In Victoria we have, over time, established a robust third, into train services, was established in March this approach to fighting corruption and overall, as other year and it is expected to report in March next year. members who have contributed to this debate have observed, we have a strong record for effective action. I have not counted up the number of inquiries instigated In Victoria the office of the Ombudsman investigates by the house and referred to the range of committees, allegations of improper conduct by public servants and but it is clear from the quick overview that I have given local government officers, initially in confidence. The that there are a large number of committees and a large office operates under the rules of procedural fairness, number of inquiries under way. My impression is that and reports to Parliament after hearing from all parties what is important to the opposition is that a committee and hearing all the evidence. is established or that a reference is issued, and what is not so important is the substance of the inquiry itself or The Ombudsman, as members know, has discretion not the outcome when it is tabled. to investigate matters that are in his view vexatious or unsubstantiated, and it is normal for the office not to It is my sense from looking at the evidence that when a comment on the progress of the reports or to respond to committee is under way and not a lot is produced, invitations from the media to make comment until the interest in that committee wanes so the whole thing is report itself is completed. In the Victorian system the kick-started again and ratcheted up, a new motion is Auditor-General has considerable powers, and I brought into the house and a new committee is sought understand he has powers to investigate some to be established, and it is hoped that will give it a new 600 public organisations. So taken together, the office lease of life. The motion needs to be understood against of the Ombudsman and the office of the that kind of background, and all of these references and Auditor-General are very effective in identifying and public hearings need to be considered and we need to investigating corruption across the public sector. be aware that overall they have not really delivered much. The other plank in Victoria’s anticorruption armoury is Victoria Police. It is the role of the police to investigate The motion before us today also asks this proposed criminal corruption, and they are empowered to deploy select committee to examine the need for an coercive questioning, where it is appropriate, and independent broadbased anticorruption commission in follow those kinds of strategies, and they are required to Victoria, and to do this in relation to unspecified issues undertake the kind of questioning and pursue the sorts that relate to the operation of the Whistleblowers of lines being overseen by the special investigations Protection Act. Opposition members have publicly monitor (SIM). expressed their support for the establishment of an independent anticorruption commission along the lines The Office of Police Integrity ensures that Victoria established in New South Wales by the then Greiner Police maintains ethical professional standards, and it is government during the 1980s. permitted to use coercive questioning powers. It is enabled to tap phones and conduct public hearings and I happen to think it is important that we have bodies so forth, and that whole activity is overseen by the SIM. with investigative powers that can identify, from an external vantage point, corrupt behaviour within an The Ombudsman, the special investigations monitor organisation. I think it is naive to believe that in all and the Office of Police Integrity are all required to cases individuals within an organisation will be capable report to the Parliament as well. While I think it is reasonable for an inquiry to be held into the
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4935 establishment of an anticorruption investigatory body, be a story behind the scenes that is not transparent to the terms of reference that Mr Davis has presented need everyone else. Ordinarily, on these issues, I have a lot to take account of the existing system in Victoria, as I of regard for the contributions made by Mr Barber in have outlined. I am not saying it is perfect or that it is this chamber. I thought Mr Barber had actually carved an end point, but it must in some way find expression in out a niche for himself as being a crusader for process. the terms of reference that a committee is to follow. Mr Scheffer said earlier that he felt the most important Before I conclude, I discovered recently while reading a foundation of a democratic system was an ethical very large book written by John Keane, professor of values base or an ethical framework; and in a civil politics at the University of Westminster, entitled The society with strong processes, that is true. Often in Life and Death of Democracy, and which looks at the fledgling democracies you go for a fully fledged ICAC whole democratic history of many jurisdictions, that the because the processes behind those value systems or author spends a bit of time focusing on Australia. Of all that values framework are not strong and you need an things, he talks about the trailblazing that has happened ICAC to drive those reforms. in many Australian jurisdictions on the development of integrity commissions. Unfortunately Victoria’s processes have diminished and eroded, and I believe that democratic processes While we are very inwardly focused in our discussion have been corroded by the advance of sectional and and examination of these issues, we sometimes do not narrow political interests over that of public interests. I realise well enough that we are a bit of an incubator for agree with Mr Barber that in an environment where an idea that is not pursued in quite the same way in there are more and more public-private partnerships and other jurisdictions. What might look very muddy and where there is a practice of contracting out services, we complex to us here is in fact because we are shaping up need to be able to monitor these relationships. a new democratic way of ensuring that our governments behave with integrity, and that our public I would have thought that this system was going to be a servants behave with integrity. process that would survive not just this Parliament but continue into the future. I perhaps would have liked In conclusion, Mr Davis needs to go away and redraft Mr Davis to incorporate how this proposed committee his proposal so that its instruction to the select may fit into the consideration of an ongoing framework committee that he wishes to establish is a lot clearer so that there is a link to the ultimate goal which has than it is in this motion, and that it proceeds from the been enunciated, certainly by the Liberal-Nationals reality of existing practice or existing anticorruption coalition and which has been something that has been structures in Victoria. It really ought not, as the motion supported by the Greens. does, simply leap into some alternative that the opposition believes will be attractive to its supporters. I I am very disappointed to see what would have been a believe the house should reject Mr Davis’s motion. very important structure that would apply not only to this government but potentially to future governments Mrs PEULICH (South Eastern Metropolitan) — I or parliaments in the absence of, say, an ICAC. I have rise in support of Mr Davis’s motion to establish a spoken previously about my strong belief that an select committee into government corruption and apolitical public service is absolutely crucial to the improper conduct. From the outset, I am very surprised success of our democracy. Unfortunately, we have seen at the position that has been taken by the Greens, and our public service and so many operations of Mr Barber; quite plainly, I am gobsmacked because government being corroded, as I mentioned before, by Mr Barber, since he entered Parliament, has been on political interests and by narrow vested interests, over about setting up ethical, open and transparent processes, and above what should be the public interest. and holding executive government, in particular, to account. I cannot understand how he would then I am not saying that personal interest should not exist; it actually vote against this measure as a step towards the can actually complement, and normal competition in a establishment of an independent commission against democracy is something that is not unhealthy, as long corruption (ICAC) as is the policy of the Greens, and as as it does not cross the rules, cross the boundaries or has been enunciated also by the Liberal Party. cross the laws. I believe that not only has this happened but that the government has facilitated it and has turned That makes no sense. It is about equivalent to a starving a blind eye. Officials who regulate and administer the man saying no to a plate of sandwiches in the hope of policy process should always be on the lookout to actually being promised or given a multi-course prevent corruption. By only taking these matters up in a banquet. I cannot understand the rationale. There must process of silo issues through the existing committees is
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4936 COUNCIL Wednesday, 14 October 2009 missing the point, and Mr Barber knows that he is where processes may be corrupt, where undue missing the point. influence cuts across the legitimate public interest and siphons off public resources — all of these things This is not about an outcome; it is about a process. If deserve an opportunity to be aired, to be corrected in you do not put in place a process, you do not capture the interests of our society and our parliamentary the problems that may exist today or tomorrow. He is democracy irrespective of who is in government. arguing against and is going to vote down a process that could improve, enhance and strengthen integrity in Areas where corruption most frequently occurs are public life, strengthen our democracy and strengthen those where there is a lack of leadership, where perhaps this Parliament. there is an authoritarian style of leadership — and I have heard many a Labor MP complain very much to I will not at this stage but I will soon remind the this effect — but more importantly, where there is a chamber of the commitments that this government lack of accountability and where there is an abuse of made to the strengthening of integrity in public life and power. We have seen that, for example, in the total parliamentary democracy. Most of those commitments fragmentation of the planning system. The fast-tracking have been shafted along the way and are long forgotten. of planning, the establishment of the DACs even I think this Parliament in particular has seen very strong though this chamber — the house of review that this evidence of failings over some debates. Whether it be government prides itself on having established and in the area of administration of gaming, the demise of supposedly strengthened — has been rolled by a due process in planning or the turning of a blind eye to little-known Dispute Resolutions Committee tucked the misconduct of mates in local government, we have away in the Victorian constitution — — seen the corrosive effect of not enforcing the rules. Mr Barber — You just piked out; that is all. You Mr Barber himself pointed out that the Ombudsman did voted for it. not have the power to investigate the conduct of councillors and the only reason that occurred was that Mrs PEULICH — The constitutional advice is yet the whistle was blown by George Seitz, the member for to come that a committee, the majority of which are Keilor in the Assembly — one of the government’s government members, can somehow impose its will on own but who has since lost preselection. The the house of review of the Victorian Parliament and so government was left with no choice but to be seen to be overturn an outcome. The reality is a defeated bill is a doing something about it. defeated bill. That is it; the story ends there. Anything that tries to build over the structure of a democratically The reason we have a crisis in local government is that elected Parliament and a democratically elected upper successive local government ministers — and the worst house is undemocratic by virtue and should be spurned offender is the current one — have not enforced the not only by every person who has been elected to this rules that apply to local government. I do not wish to chamber but by the public at large as well. anticipate debate but what we will see is a series of salami pieces of legislation which seek to beef up the Mr Barber interjected. mechanisms, the processes and penalties for offences in local government. The only reason you have to do that Mrs PEULICH — I am sure, Mr Barber, that all of is because it has not been enforced along the way. those matters could have been considered by this committee. I have witnessed, and it has been a great disappointment to me, the corrosive effect of ministerial Mr Barber interjected. failures, of deliberate breaching of various rules of conduct, parliamentary processes, even, for example, Mrs PEULICH — All of those matters should and the disrespect in relation to the adjournment debates. could have been part of an agenda of this committee There is a whole range of processes that I believe are that looks at processes, not just at silo issues on their falling very short of what should be our legitimate own. I am not sure what negotiations have reshaped expectations. Mr Barber’s thinking to a 180 degree turn. I am completely at a loss to understand it. Elected governments are themselves constrained to act within the law. The rule of law is fundamental both to a If we are going to have a strong democracy, there are a stable democracy and to curing corruption. Even if this number of things we need. We need a strong media, but committee were to fall short of Mr Barber’s not strong in the manner of, say, the former communist expectations, the opportunity to shine a light on issues country where I was born. We need a strong media that
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4937 can report and subject governments to the necessary Sometimes I am absolutely dumbfounded at the lack of levels of scrutiny. interest by the local media in relevant local issues; then I turn to the classifieds and the back pages of the I was refreshing my mind about what the role of the newspapers and understand how many thousands of media should be as I read an article written by dollars are pumped into community news. I think we Edward S. Herman and Noam Chomsky, called ought to have a look at how much money is expended ‘Manufacturing consent — a propaganda model’, an by various government departments and government excerpt from the book Manufacturing Consent. agencies into the mastheads of those newspapers covering key seats. How do you purchase silence? How Mr Barber — He is not a communist; he is a big do you purchase a compliant and friendly media? How anarchist. do you purchase that in key seats, when to a large Mrs PEULICH — Yes, he is. However, they do extent that will govern whether those seats are kept or make some pertinent points. They say, for instance, that maintained by the government or not? even in a free system the media does not necessarily act It goes on to a number of other filters. I will not look at completely freely. They say that whilst it may: them at length, but that is one that I wanted to make … periodically attack and expose corporate and governmental specific mention of. malfeasance, and aggressively portray themselves as spokesmen for free speech and the general community Mr Barber — What was no. 4? Tell us. interest — Mrs PEULICH — If you had actually agreed to this this is not always the case. They claim that: committee, we could have had a very lengthy and detailed look at the filters that apply to the proper … the limited nature of such critiques, as well as the huge inequality in command of resources, and its effect both on scrutiny of government by our media. access to a private media system and on its behaviour and performance — We need a strong media for scrutiny. We also need legislative oversight of the executive. We have seen lots is not evident. They go on to talk about a propaganda of examples where that has been diminished. We have model focusing on the inequality of wealth and power. seen the promised beefing up of freedom of information The section I would like to place on the record says that rules significantly frustrated. A small example is the this has multilevel effects on mass media interests and Stevensons Road landfill in relation to the Cranbourne choices: methane gas crisis. My involvement in that has been that so far we have had something like 13 directional It traces the routes by which money and power are able to filter out the news fit to print, marginalise dissent, and allow hearings involving the Victorian Civil and the government and dominant private interests to get their Administrative Tribunal in order to get some messages across to the public. The essential ingredients of our documents from the Environment Protection Authority, propaganda model, or set of news ‘filters’, fall under the which obviously has had a crucial role in this saga that following headings: (1) the size, concentrated ownership, owner wealth, and profit orientation of the dominant has affected the lives of hundreds of residents of mass-media firms; (2) advertising as the primary income Cranbourne. That is not an example of a strong FOI source of the mass media — system, which is the sort of system the government committed to. and this is a crucial point for our consideration. The Scrutiny of Acts and Regulations Committee, of Mr Barber interjected. which I am a member, is charged with the Mrs PEULICH — We will come to filter no. 4. But responsibility of looking at every single piece of this particular filter is one that I believe needs to be legislation that is introduced into the Parliament. It does addressed at the moment, because in times of economic not function effectively in that role because it is downturn one of the things that businesses cut back on controlled by the government. There have been is advertising. When the advertising income is down, examples where the legitimate decisions of the all sources of income become very important. If committee have not been actioned and where public members turn to the pages of their local community hearings that have been committed to have not newspapers as well as to the dailies, they will see that proceeded. The crunching down of opposition views in the amount of government and government agency committee deliberations and the locking up of advertising is phenomenal. We have recently read of an committee deliberations means that that committee instance where there was a threat to withdraw needs to be reconsidered in the new scheme of things if advertising if a critical article was published.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4938 COUNCIL Wednesday, 14 October 2009 we are serious about beefing up democratic oversight of I just wanted to briefly return to the Labor Party policy executive government. statement of 2006, called Strengthening Our Democratic Institutions. I will give some major subtitle As I said, the way standing orders function also headings: significantly impacts on our capacity to provide that oversight. I know a lot of government members think Parliament is the seat of our democracy and the primary Wednesday is Wacky Wednesday. If that means having institution that should determine our laws a whack at issues or problems that governments with Clearly that has not been a principle that this very large majorities can create and give voice to government has defended or advanced. The second people who have genuine concerns and who are heading is: impacted dramatically by the decisions and the arrogance of this government, then so be it: let every Respect for fundamental democratic values, human rights and Wednesday be wacky — whacky Wednesday — if that diversity is central to a well-functioning democracy means giving voice to an issue. Sometimes it just takes This government shows less regard for the views of the one person to shine a light on a problem for that community than I think many preceding governments problem to be addressed. Mr Barber spoke about codes have shown. The third heading is: of conduct governing the behaviour of all politicians and campaign finance legislation. I think all of those While Parliament is central, democratic ‘watchdogs’ also play things should have been up for consideration. a vital role in securing accountability of government
We have seen the usual Westminster traditions fall by This would have been an additional watchdog. We have the wayside. A motion of no confidence in the Minister also seen the government attack the Ombudsman. For for Planning was passed here, but the minister still all the reports that have been tabled and whilst clearly continues in his role without missing a step. Clearly that all of these mechanisms and systems should always be is a significant move away from what has been the reviewed, improved and strengthened, my concern is strength of the Westminster ministerial responsibility that their intention is to nobble that watchdog rather practised in other commonwealth democracies. than replace it with something stronger and better. The fourth heading is: With regard to the conduct of members of Parliament, we have seen some action now on conduct in local Parliament and government should not be remote and citizens should have a role that is greater than just voting government. We have had those debates and we will continue to have those debates. It is an area of absolute Let me say that down my way that has certainly not policy failure on the part of government members. been the case. Government must defend the public They continue to be shown for the hypocrites they are. interest and act free of actual conflict of interest or any Whilst on the one hand they insist on Labor councillors reasonable perception of conflict of interest. and Labor-supported councillors caucusing, on the other hand they pay lip-service to the need for impartial Looking at local government in particular, which is the conduct and unbiased decision making, as required by closest level of government to the community, the the act. This means that all of those bits of legislation government has conveniently gone and dismissed that come up for discussion are going to be hollow, Brimbank council. It is hoping to put a double line at because we are not part of the whole picture. We are the end of the ledger but has continued to ignore trying to pin the tail on the donkey without actually mountains of evidence of misconduct and some very ever seeing the whole donkey. serious issues — for example, at the Monash council in relation to the conduct of a particular councillor on the Lastly, how we mobilise civil society to make sure we City of Casey and in relation to many other councils continue to bring politicians to account is crucial. It is a where undue influence is perverting due processes that very important anticorruption measure that goes over ought to apply in the making of good decisions and the and beyond Mr Viney’s conveniently very narrow allocation of resources in local government. notion of corruption, which involves police and criminal justice. I think it is one he has conveniently The government also promised to increase financial argued in order to present the best possible case he can management controls, yet we have constantly seen a for his government voting this bill down. In my view lack of budget transparency. It also promised to you will only vote against this if you have something to recognise local government as an essential tier of hide. Quite clearly there will be a number of people government; for Labor, that is basically an extension of who have something to hide, because they will be the same ruling party. So it goes on. There was a litany voting it down.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4939 of commitments, but it was not worth the paper it was In closing, there is nothing to hide if you are not written on. breaking the rules. The proposed committee would be about a process that can serve not only this Parliament The motion before the chamber takes a step forward to but future parliaments, serve democracy and the people address some of the process issues that have caused the we represent and enhance and strengthen democracy. deepest level of hurt and concern in our To vote it down would be to vote against those communities — issues which we care about, some of important principles for which I wish to stand and about which Mr Barber spoke about. These issues affect key which I have heard Mr Barber repeatedly talk, although industries such as gaming and planning, and they affect I fear that he will vote against them at the end of this the way we conduct ourselves and the power and debate. functioning of executive government — not just this government but also future governments. It is taking Ms PULFORD (Western Victoria) — I am pleased one step forward towards the establishment of what the to rise to contribute to this debate on Mr David Davis’s state of Victoria unfortunately now needs — that is, an motion to establish a select committee to look into independent commission against corruption (ICAC) — matters, not least of which being whether Victoria to clean up the mess the government has made. I never needs an independent commission against corruption thought Victoria would get to the position of needing an (ICAC). In her attacks on Mr Barber, Mrs Peulich ICAC, but now it does. talked about this motion and debate today as a step towards the establishment of an ICAC. I think that is a I say to Mr Barber: I hope that an amendment is stretch. In the same contribution Mrs Peulich accused brought forward that links this committee to the the Greens of playing politics. If this motion is not consideration of other models as we move towards an playing politics, I do not know what is. I remind ICAC and that he seriously reconsiders his position. If Mrs Peulich about pots and kettles. he votes this down, I believe any future instance of his urging about processes, integrity or democracy will ring The government has a model of independent oversight very hollow. bodies that complement one another. This might be a little complex for Liberal Party members opposite, but Mr Barber interjected. it is a matrix that ensures we have an effective protection against corruption. These laws, systems and Mrs PEULICH — To suggest that the Liberal Party organisations that have an obligation to report back to has somehow been deficient in policy is just not true. I Parliament combine to provide a strong framework that think Mr Barber has been increasingly playing politics promotes the right types of behaviour in public service, rather than sticking to the processes which initially in local government, in the police force and throughout enabled his party to earn a lot of respect. He is now Victorian life. falling into the trap of playing politics and trying to use these important debates to apply a blowtorch to the This motion is either ill conceived or mischievous. The major political parties rather than advance these Liberal Party is consistent in saying one thing in important causes. To say that the Liberal Party has not opposition and acting differently in government on released any of the policies relevant to this is not these issues. However, I commend it on having one accurate. policy, which is a turn-up in itself. Actually it is two policies — that and fixing the race day for the Ballarat Mr Barber — I didn’t say that. Cup — and with only a little over a year until the state Mrs PEULICH — Yes, you did. First and foremost election. Ted Baillieu, the Leader of the Opposition in the I will take a couple of moments to comment on the Assembly, and the Liberal-Nationals coalition, have current model and why the government believes it been adamant about the importance of establishing an provides the robust protection against corruption that ICAC. We have also committed to the establishment of Victoria needs. I will outline the reasons why Victoria a lobbyists register — something this government has not taken the lesson the Liberal Party might like us promised but has failed to establish — and a ban on to take from New South Wales with its broadbased success fees. We also recently committed to the holding anticorruption commission. The New South Wales of a corruption and integrity summit sooner rather than commission is an institution not without its critics, and later as a way of considering all the models and best it may still have some work to do in finishing the job of practice in combating corruption and improving weeding out corruption in New South Wales. If the accountability in governance in Victoria. Liberal Party in Victoria wants to take its instructions
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4940 COUNCIL Wednesday, 14 October 2009 from New South Wales, that will be an interesting and any member of the public is able to make a discussion indeed. complaint to the Ombudsman.
An ICAC model typically costs a lot more to operate We have not heard a lot from Liberal Party members than the systems we have in place but without the about the Auditor-General, because if they have additional benefits. The New South Wales model has something to be sensitive about, as sure as anything it is led to large numbers of unjustifiable complaints — it is their actions when last in government in Victoria in a system that provides an incentive for aggrieved hounding the Auditor-General and his office. The individuals to make unsubstantiated claims and Auditor-General, as restored by this government in besmirch the reputations of others. Today the Liberal 1999 and with powers now entrenched in the Party has failed to make the case for change in Victoria. constitution protecting future auditors-general from future Liberal governments, has power to examine and The office of the Ombudsman in Victoria investigates audit over 600 public sector organisations. Again, it is allegations of improper or corrupt conduct by public the pot calling the kettle black. There is a stark contrast servants or local government officers, initially in between what the Liberal Party says about accountable confidence. It applies rules of procedural fairness and, government and scrutiny in opposition and what it says as members are well aware, reports to the Parliament. when it is in government. By contrast, in New South Wales a public announcement is made of charges against individuals Victoria Police has a role in investigating criminal before any hearing of evidence. That is quite a contrast corruption, and the special investigations monitor to the experience in Victoria. Complaints of criminal (SIM) is the body within that organisation that has behaviour against members of Parliament in Victoria responsibility for that work. The Office of Police are rightly matters for the police and ought to continue Integrity also has significant powers, including having to be. Lesser complaints concerning the conduct of the ability to undertake coercive questioning and the members of Parliament are matters for the institution of capacity to hold public hearings. The OPI is overseen the Parliament. by the SIM and the Ombudsman, and all three bodies are required to report to Parliament. Victoria has not had the experience of other states of the systemic corruption that led to the establishment of During this year there has been a lot of talk in this the broadbased anticorruption bodies that exist in other house about conduct in local government. The wash-up states. Victoria’s system appropriately tackles improper of the matters going on at the Brimbank City Council conduct and corruption in a variety of ways that established that the oversight that exists in this regard is appropriately apply to the settings in which that incredibly effective. This is a council that has been behaviour is alleged to be occurring. During the course investigated and dismissed. What greater penalty for of this year we have had the matter of the Brimbank councillors acting improperly can there be? council, which has been a favourite subject for members opposite. One of the consequences of the In the debate today the Liberal Party has revealed its oversight of the alleged conduct of Brimbank city broad agenda in this regard. Mrs Peulich had a concern councillors is legislation that will be introduced into about not being able to get a run in the local media and Parliament for our consideration in due course which a paranoia about government advertising — will provide an alternative local government structure government advertising that does things like help for people in that municipality. Frequently tabled in reduce the road toll, make our workplaces safer and Parliament are reports from the Ombudsman and the promote a greater understanding of the need to preserve Office of Police Integrity which we have the water and minimise energy use — and terrible things opportunity to debate and to consider and which the they are, I say tongue in cheek! The Liberal Party has government responds to from time to time. failed to articulate its case today. If it was in government and if it established an independent The Ombudsman has the significant resource at his commission against corruption, what would it do with hands of some 50 or so staff members, and in 2008–09 the Office of Police Integrity and the special the office of the Ombudsman considered close to investigations monitor? What would it do with the 20 000 complaints. The Ombudsman is an independent Auditor-General? What would it do with the officer. An earlier speaker, I think it was Mr Barber, Ombudsman? How would these institutions interact? referred to this statutory office-holder as a bear on a The opposition has completely failed to outline which chain at the hands of the Premier; that is quite a slight elements of the existing safeguards we have it would against the independence of that office. The seek to replace with its ICAC. Ombudsman is of course independent and impartial,
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4941
I note with some concern that in the Western Australian approach to these issues depending on whether it is in government, the jewel in the Liberal Party crown in the opposition or in government. commonwealth, the Premier, Colin Barnett, is keen to shift the focus of the state’s — — I urge members to oppose the motion because it is at best ill conceived. I suspect it is really a bit of Mr Lenders — A pretty weak jewel. pre-election gaming from the Liberal Party. I reject the idea that the passing of this motion would in any way Ms PULFORD — That is very right, Mr Lenders. be a step towards the establishment of an ICAC. I do not believe that that is the opposition’s objective in Mr Barber — If you could only have one, which moving this motion. one would you have? Mr HALL (Eastern Victoria) — We have seen a Ms PULFORD — These are difficult questions. few hours of debate today on this particular motion, and This is a party that wants a four-letter acronym as its for those of us who have sat here and endured the oversight measure and cannot comprehend the matrix majority of it, it has been a very evasive sort of debate, of measures that we already have that is incredibly because there have been very few speakers prepared to effective in this state. address the fundamental point of this motion. It seems According to an article in the Australian earlier this to me that most speakers have simply dodged, danced month the West Australian Premier is keen to: and skirted around the central issues of this motion.
… shift the focus of the state’s Corruption and Crime There have also been some inconsistencies in the Commission, formed in 2003, from the public sector and arguments that members from the same side of the government onto organised crime. house have put forward. By way of example, in his commentary Mr Viney accused the Leader of the This is a whole lot of extra work with a very modest Opposition in the Council, Mr D. Davis, of spending budget increase, from $30 million to $35 million by 95 per cent of his time with a politically motivated 2013, and the article in the Australian certainly regurgitation of the sort of incidents and issues that this suggests that the CCC in Western Australia would be: particular parliamentary committee may well canvass. … unlikely to be able to fulfil both roles with the same Then we had Mr Scheffer, the next speaker from the intensity it has brought to its oversight of the public sector. government, suggesting that Mr D. Davis needed to be more specific and specify in this motion the sorts of The Western Australian Corruption and Crime matters that this committee should raise. The Commission has frequently been in the news nationally government cannot have it both ways. and has brought a number of careers to an end. This is another example of the Liberal Party in government The way in which this motion is framed is entirely taking a totally different approach to the one it took on appropriate. It is not just for the establishment of a these questions when in opposition. The same article committee to serve one particular purpose and to reports: investigate one particular matter; it is a committee set up generally to investigate matters which may be of Mr Barnett says he expects the CCC would still investigate the most serious public sector misconduct allegations. many different natures within the broad parameters of the intent described in the first paragraph of this But the article goes on to say that: motion. It is entirely appropriate that in his contribution supporting this motion Mr D. Davis gave the house an The flaw, however, is that seemingly minor misconduct can indication of the type of matters and issues he expects be indicative of more serious problems at high levels. Lack of oversight also erodes the all-important deterrent effect, that this committee may choose to examine. There is an eventually leading to more lax standards overall as public inconsistency between the contribution made by sector agencies are responsible for investigating themselves. Mr Viney and that made by Mr Scheffer.
So we have one policy, plus the racing one, from the The house also had a rather lengthy and extraordinary Liberal Party, which is to replace an incredibly effective contribution from Mr Barber of the Greens this framework with one that is modelled on another state’s afternoon. I am equally as perplexed and mystified by framework, which is arguably less effective and more the conclusions that he has come up with in deciding to expensive than Victoria’s. Then we have its form when oppose this motion. As part of the defence of his in government in Victoria last time and in Western decision he suggested that both major parties have Australia now, which reminds us that it takes a different somewhat of a blemished record on these matters. In response to Mr Barber, does that not therefore give
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
4942 COUNCIL Wednesday, 14 October 2009 more reason to establish this committee? The do not need an independent, broadbased anticorruption committee is not just designed to investigate the current commission and indeed that we do not need this government; it is designed to investigate governments particular select committee to investigate matters of this and government entities. nature. First of all, if we do not need it, one might ask why all the other large population states like Western I do not expect the Labor Party to always be the Australia, Queensland and New South Wales have gone government in this state. I do not think Mr Barber down this track and have similar sorts of structures in would expect the Labor Party to forever and a day be place. Each of those states has an independent the government in this state. One day it will change; I commission against crime and corruption or a hope it will change in 12 months. But if not, then one broadbased anticorruption commission or whatever — day it will change. The establishment of the committee they have slightly different names, but they have all is designed to investigate whoever happens to be in gone down that same track. I say in response to government at the particular time. It seems to me that Ms Pulford’s comments that, yes, we do have the Mr Barber spent the vast majority of his time making a Auditor-General, the Ombudsman and the rather tepid, lukewarm, evasive sort of defence, parliamentary committees and they in their own rights criticising opposition policies and citing them as the are capable of investigating matters, but if she thinks fundamental reason why he is not prepared to support that on top of that we do not need an independent, this motion. broadbased anticorruption commission, then she is swinging against the tide of public opinion. We have I want to make it very clear that there is really only one seen the media call for the establishment of such a single reason why we are having this debate today — commission in Victoria, and we have seen the that is, the failure of this government to establish an opposition parties call for it. And I thought we had the independent, broadbased anticorruption commission. If Greens on side. It now seems there are only two groups it had established this commission, responding to the which are opposing the establishment of such a cry from I would think 95 per cent of Victorians who commission — namely, the Australian Labor Party and suggest we need an independent broadbased the Greens party here in Victoria. anticorruption commission, we would not be having this debate today; in fact, we would not be having this This proposed committee would be a committee of the debate at all. Legislative Council of the Parliament, the Victorian upper house. This Labor government likes to believe I have to admit that I do not think a group of that it is the champion of transparency and parliamentarians is necessarily the best forum in which accountability and that it is the champion of this house to investigate some of these matters that involve of review’s right to establish committees to review allegations of corruption, malpractice or improper matters that it considers to be matters of importance. influence. I do not necessarily agree that MPs as a Government members are not the champions; they are group are best placed to investigate those matters. It has the fools, they are the hoaxers, they are the cover-ups always been my preference that an independent, on this particular matter. They refuse therefore to enact broadbased anticorruption commission be established what they claim to be the basic right, the basic principle for that particular purpose, but in the absence of the and indeed the basic function of the Victorian upper government’s willingness to do that, we are left with no house. They stand condemned for their refusal to choice. Mr Kavanagh said in his contribution that it is support this motion today, as do the Greens for their also his preference that the government establish an indication that they will not support it. It is a backflip independent commission for these purposes, but in the by them, and it will reflect poorly on them in time to absence of that, this is the next best option available for come. the opposition parties to pursue. I agree exactly with those sentiments. It is a simple matter. Failing the establishment of an independent, broadbased anticorruption commission by I say to the government that it might not have enjoyed this government, it is the role and responsibility of the this debate today and the vote may well go its way if upper house, and the right thing for it to do, to establish the Greens do as they say, but if it honestly believes this a committee to focus on issues of improper practice and is the right thing and that it is in step with the view of alleged corruption so that the people of Victoria can get Victorians, then it is sadly out of step and has a rude to the bottom of some of these important matters. That awakening coming in the not-too-distant future. is why I am supporting this motion, and that is why I Finally I want to say a couple of things in respect of the ask others to rethink their positions and also support argument put forward by Ms Pulford and others that we this motion.
ANTICORRUPTION COMMISSION: SELECT COMMITTEE
Wednesday, 14 October 2009 COUNCIL 4943
Mr D. DAVIS (Southern Metropolitan) — I will broadbased anticorruption commission is a key part of provide a brief conclusion. This is an important motion. where we need to go. The opposition is committed to Mr Hall rebutted a lot of the comments made by going there. We have taken significant steps in the members on the other side. I do not propose to run over recent period to put forward a policy program that will those again, but I agree with him that this is a simple lead to a better democracy and a better economy. That matter. Members are either in favour of setting up a set of steps, including the establishment of a lobbyist broadbased anticorruption body or they are not, and this register, which the government still has not got motion would provide a mechanism for coming back to operational, and the implementation of the clear the Parliament with satisfactory structures and decision that success fees for government contracts will arrangements for that to be done. Given that the be banned, is part of a commitment to implementing Brumby government is so implacably opposed to codes of conduct that has not been undertaken by this establishing such a body, you can only conclude that it government over the years. It has been in power is opposed to it for its own reasons — simply to seek to 10 years; it promised those steps in 1999, but it still has cover up what would be damaging for it. I have to say not taken them. that the key issue here is whether we are to have a long-term set of structures in this Parliament to improve This is an important motion. Make no mistake that this the position in Victoria. is a motion that will signal to the community where parties and individuals are sitting in terms of these It is disappointing that Mr Barber and the other Greens fundamental issues of open government, transparency have decided not to support the Liberals and The and rooting out the corruption that is endemic in certain Nationals on this occasion. I must say that I am parts of the Labor Party as well as elsewhere in the surprised at that, and I am a bit disappointed because economy. the opportunity was there. I take on board the point Mr Barber made that this is part of a broader set of House divided on motion: structures, and that is one of the points I made in the earlier part of my contribution. There are parts of the Ayes, 18 jigsaw that need to be put into place, but this committee Atkinson, Mr Kavanagh, Mr Coote, Mrs Koch, Mr could have made recommendations along precisely Dalla-Riva, Mr Kronberg, Mrs those lines. Mr Barber is unhappy about the decisions Davis, Mr D. Lovell, Ms that were made during the political disclosure inquiry Davis, Mr P. (Teller) O’Donohue, Mr and so forth. So be it, but this motion also offers the Drum, Mr Petrovich, Mrs opportunity to put in place some of the pieces of Finn, Mr Peulich, Mrs Guy, Mr Rich-Phillips, Mr architecture that would give Victoria a much stronger Hall, Mr (Teller) Vogels, Mr anticorruption focus. Noes, 22 In terms of the government, it will duck and it will Barber, Mr (Teller) Mikakos, Ms weave and it will squirm at every turn because it has Broad, Ms Pakula, Mr something to hide. There is no question that it has Darveniza, Ms Pennicuik, Ms something to hide. There is no question that this Eideh, Mr Pulford, Ms government does not want the scrutiny that this Elasmar, Mr Scheffer, Mr Hartland, Ms Smith, Mr committee would have provided. There is no doubt that Huppert, Ms Somyurek, Mr the government’s implacable and ongoing opposition to Jennings, Mr Tee, Mr (Teller) an independent, broadbased anticorruption commission Leane, Mr Theophanous, Mr is driven by the fact that it does have something to Lenders, Mr Tierney, Ms Madden, Mr Viney, Mr cover up. That is unfortunate for Victoria. Motion negatived. In terms of the cost, I made the point before that we simply cannot afford not to have these structures, given their importance to our democracy and to our economy. A strong economy requires that corruption is not a part of that economy. Government services should be purchased and arranged in such a way that the matters of influence that we have seen in the Brimbank report and elsewhere are not part of decision making. Government funding of organisations is also advantaged where improper influence, corruption and other matters are not part of the equation. The
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4944 COUNCIL Wednesday, 14 October 2009
ALPINE RESORT AREAS REVIEW, 3. That this house — ELECTRIC CARS, CARBON POLLUTION (1) notes the failure of the government to comply with REDUCTION SCHEME, CROWN CASINO, the resolution of the Council of 29 July 2009 to CLEARWAYS and RENEWABLE ENERGY table documents relating to the examination of FEED-IN TARIFFS: PRODUCTION OF carbon trading institutions and carbon trading institutes; DOCUMENTS (2) is of the firm opinion that the Council is fully Debate resumed from 16 September; motion of entitled to scrutinise the activities of the executive Mr D. DAVIS (Southern Metropolitan): and demand accountability for all aspects of executive behaviour; 1. That this house — (3) accordingly, censures the Leader of the (1) notes the refusal of the government to comply fully Government as the representative of the with the resolution of the Council of 3 June 2009 to government in the Council for the government’s table documents relating to the review of the alpine failure to fully comply with the Council’s resort areas under claims of executive privilege; resolution of 29 July 2009; and
(2) is of the firm opinion that the Council is fully (4) demands that the Leader of the Government entitled to scrutinise the activities of the executive comply fully with the resolution of the Council of and demand accountability for all aspects of 29 July 2009 and lodge all documents with the executive behaviour; Clerk by 12 noon on Tuesday, 13 October 2009.
(3) rejects the government’s claim that the release of 4. That this house — the Mount Baw Baw Alpine Resort Management Board Corporate Plan 2007–2010 would be (1) notes the ongoing failure of the government to fully prejudicial to the public interest; comply with the resolution of the Council of 24 June 2009 to table all documents relating to the (4) accordingly, censures the Leader of the extension of licence for the number of gaming Government as the representative of the tables at Crown Casino, including the failure of the government in the Council for the government’s government to even produce a schedule of relevant failure to fully comply with the Council’s documents; resolution of 3 June 2009; and (2) is of the firm opinion that the Council is fully (5) demands that the Leader of the Government entitled to scrutinise the activities of the executive comply fully with the resolution of the Council and demand accountability for all aspects of of 3 June 2009 and lodge the Mount Baw Baw executive behaviour; Alpine Resort Management Board Corporate Plan 2007–2010 with the Clerk by 12 noon on (3) accordingly, censures the Leader of the Tuesday, 13 October 2009. Government as the representative of the government in the Council for the government’s 2. That this house — failure to fully comply with the Council’s resolution of 24 June 2009; and (1) notes the failure of the government to comply with the resolution of the Council of 6 May 2009 to (4) demands that the Leader of the Government table documents concerning the company Better comply fully with the resolution of the Council of Place; 24 June 2009 and lodge all remaining documents with the Clerk by 12 noon on Tuesday, 13 October (2) is of the firm opinion that the Council is fully 2009. entitled to scrutinise the activities of the executive and demand accountability for all aspects of 5. That this house — executive behaviour; (1) notes the refusal of the government to comply fully (3) accordingly, censures the Leader of the with the resolution of the Council of 1 April 2009 Government as the representative of the to table documents relating to the Victorian government in the Council for the government’s government’s policy on extending clearway times; failure to fully comply with the Council’s resolution of 6 May 2009; and (2) is of the firm opinion that the Council is fully entitled to scrutinise the activities of the executive (4) demands that the Leader of the Government and demand accountability for all aspects of comply fully with the resolution of the Council of executive behaviour; 6 May 2009 and lodge all documents with the Clerk by 12 noon on Tuesday, 13 October 2009. (3) rejects the government’s claim that the release of documents listed in the schedule attached to correspondence to the Clerk of the Legislative Council by the Attorney-General and numbered 1,
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4945
2, 9, 15, 16, 18, 19, 20, 21 and 26 would ‘reveal document listed as number 8, ‘Report by confidential legal advice’, or that documents Meyrick and Associates (2008)’; numbered 4, 5, 7, 11, 12, 13, 14, 22, 23, 24, 25, 35, 36, 37, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 54, document listed as number 9, ‘Letter from the 58, 61, 62 and 63 would ‘reveal high-level Victorian Government Solicitors Office confidential deliberative processes of the executive (VGSO) to Department of Infrastructure government, or otherwise genuinely jeopardise the (27 March 2008)’; necessary relationship of confidentiality between a minister and a government officer’, or that document listed as number 10, ‘Brief to documents numbered 6, 10 and 60 would ‘reveal Minister for Roads and Ports (31 March high-level confidential deliberative processes of the 2008)’; executive government, or otherwise genuinely jeopardise the necessary relationship of document listed as number 11, ‘Email from confidentiality between a minister and a VicRoads to the office of the Minister for government officer and would reveal confidential Roads and Ports (15 April 2008)’; legal advice’, or that documents numbered 3, 8, 17, document listed as number 12, ‘Brief to 27, 32, 33, 38, 39 and 40 would ‘reveal high-level Minister for Roads and Ports (9 May 2008)’; confidential deliberative processes of the executive government’, or that documents numbered 28 and document listed as number 13, ‘Ministerial 29 would ‘prejudice a dispute resolution process’ briefing (23 May 2008)’; or that documents numbered 30 and 31 would ‘prejudice public safety and enforcement of laws’ document listed as number 14, ‘Brief to or that documents numbered 53, 55, 56, 57 and 59 Minister for Roads and Ports (21 May 2008)’; would ‘reveal deliberations of cabinet’, or that the document numbered 52 would ‘reveal high-level document listed as number 15, confidential deliberative processes of the executive ‘Memorandum of advice to Department of government, or otherwise genuinely jeopardise the Transport (DOT) (4 June 2008)’; necessary relationship of confidentiality between a minister and a government officer and would document listed as number 16, ‘Brief to reveal deliberations of cabinet’; Minister for Roads and Ports (5 June 2008)’;
(4) accordingly, censures the Leader of the document listed as number 17, ‘Email from Government as the representative of the DOT to Auspoll (22 July 2007)’; government in the Council for the government’s failure to fully comply with the Council’s document listed as number 18, ‘Brief to resolution of 1 April 2009; and Minister for Roads and Ports (12 September 2008)’; (5) demands that the Leader of the Government comply fully with the resolution of the Council of document listed as number 19, 1 April 2009 and lodge the following documents as ‘Memorandum of advice to VicRoads detailed on the schedule attached to the (29 September 2008)’; Attorney-General’s letter with the Clerk by document listed as number 20, ‘Legal advice 12 noon on Tuesday, 13 October 2009 — from VicRoads (13 October 2008)’;
document listed as number 1, ‘Brief to document listed as number 21, ‘Email from Minister for Roads and Ports (undated)’; VicRoads to the office of the Minister for Roads and Ports (14 October 2008)’; document listed as number 2, ‘Memorandum of advice to VicRoads (undated)’; document listed as number 22, ‘Brief to Minister for Roads and Ports (3 October document listed as number 3, ‘Briefing on 2008)’; Keeping Melbourne Moving (17 April 2009)’; document listed as number 23, ‘Brief to Minister for Roads and Ports (9 November document listed as number 4, ‘Brief to 2008)’; Minister for Roads and Ports (29 August 2008)’; document listed as number 24, ‘Brief to Minister for Roads and Ports (9 December document listed as number 5, ‘Brief to 2008)’; Minister for Roads and Ports (17 June 2008)’; document listed as number 25, ‘Brief to document listed as number 6, ‘ Brief to Minister for Roads and Ports (29 February Minister for Roads and Ports (undated)’; 2009)’; document listed as number 7, ‘Brief to document listed as number 26, ‘Brief to Minister for Roads and Ports (12 November Minister for Roads and Ports (31 December 2008)’; 2008)’;
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4946 COUNCIL Wednesday, 14 October 2009
document listed as number 27, ‘Email from document listed as number 45, ‘Internal VicRoads to DOT (5 January 2009)’; DPCD email with attachment (5 November 2008)’; document listed as number 28, ‘Letter from VicRoads to DOT (19 January 2009)’; document listed as number 46, ‘Brief to Minister for Local Government document listed as number 29, ‘Letter from (28 November 2008)’; Moreland City Council to DOT (2 February 2009)’; document listed as number 47, ‘Ministerial debrief (5 December 2008)’; document listed as number 30, ‘Brief to Minister for Roads and Ports (10 February document listed as number 48, ‘Brief to 2009)’; Minister for Local Government (21 January 2009)’; document listed as number 31, ‘Brief to Minister for Roads and Ports (18 February document listed as number 49, ‘Brief to 2009)’; Minister for Local Government (17 February 2009)’; document listed as number 32, ‘Letter from VicRoads to DOT (5 March 2009)’; document listed number 50, ‘Brief to Minister for Local Government (5 March 2009)’; document listed as number 33, ‘Internal DOT email with attachment (2 November 2007)’; document listed as number 51, ‘Brief to Minister for Local Government (24 March document listed as number 34, ‘Email from 2009)’; Department of Premier and Cabinet (DPC) to DOT (1 February 2008)’; document listed as number 52, ‘Brief to Premier (19 February 2008)’; document listed as number 35, ‘Brief to Minister for Roads and Ports (9 September document listed as number 53, ‘Brief to 2008)’; Premier (25 January 2008)’;
document listed as number 36, ‘Brief to document listed as number 54, ‘Project Minister for Local Government (17 June Review Committee business case (25 January 2008)’; 2008)’;
document listed as number 37, ‘Brief to document listed as number 55, ‘Brief to Minister for Local Government (24 July Premier (15 January 2008)’; 2008)’; document listed as number 56, ‘Brief to document listed as number 38, ‘Email from Premier (11 January 2008)’; Department of Planning and Community Development (DPCD) to VicRoads document listed as number 57, ‘Brief to (1 September 2008)’; Premier (28 December 2007)’;
document listed as number 39, ‘Email from document listed as number 58, ‘Brief to VicRoads to DPCD (3 September 2008)’; Minister for Roads and Ports (9 November 2007)’; document listed as number 40, ‘Email from VicRoads to DPCD (4 September 2008); document listed as number 59, ‘Brief to Premier (23 November 2007)’; document listed as number 41, ‘Internal DPCD email with attachment (5 September document listed as number 60, ‘Brief to 2008)’; Premier (13 August 2008)’;
document listed as number 42, ‘Email chain document listed as number 61, ‘Email from from DPCD to VicRoads (25 September DOT to DPC (26 May 2008)’; 2008)’; document listed as number 62, ‘Brief to document listed as number 43, ‘Brief to Premier (17 August 2007)’; and Minister for Local Government (1 October 2008)’; document listed as number 63, ‘Brief to Premier (30 March 2009). document listed as number 44, ‘Brief to Minister for Local Government (22 October 6. That this house — 2008)’; (1) notes the refusal of the government to comply fully with the resolution of the Council of 11 March 2009 to table documents relating to solar or other
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4947
renewable energy feed-in electricity tariffs on the Resources on cabinet deliberations grounds of executive privilege; (28 October 2008)’;
(2) is of the firm opinion that the Council is fully document listed as number 15, ‘Briefing to entitled to scrutinise the activities of the executive office of the Minister for Energy and and demand accountability for all aspects of Resources (18 November 2008)’; executive behaviour; document listed as number 16, ‘Brief to (3) rejects the government’s claim that the release of Minister for Energy and Resources documents listed in the schedule attached to (21 November 2008)’; correspondence to the Clerk of the Legislative Council by the Attorney-General and numbered 9, document listed as number 17, ‘Briefing to 15, 38, 39, 40, 41, 42, 43, 44 and 63 ‘would reveal the office of the Minister for Energy and high-level confidential deliberative processes of the Resources (15 December 2008)’; executive government or otherwise genuinely document listed as number 38, ‘Brief to jeopardise the necessary relationship of Minister for Energy and Resources (6 June confidentiality between a minister and government 2007)’; officer’, or that the release of document 16 ‘would reveal confidential legal advice and prejudice document listed as number 39, ‘Brief to intergovernmental relations’, or that the release of minister for environment, water and climate documents 11, 12, 13 and 14 ‘would reveal the change (6 June 2007)’; deliberative processes of cabinet, and high-level confidential deliberative process of the executive document listed as number 40, ‘Brief to government or otherwise genuinely jeopardise the Minister for Environment and Climate necessary relationship of confidentiality between a Change (2 October 2007)’; minister and a government officer’, or that the release of document 58 ‘would reveal information document listed as number 41, ‘Brief to obtained by the executive government on the basis Minister for Environment and Climate that it would be kept confidential’, and that these Change (31 January 2008)’; matters provide an adequate excuse for the non-provision of these documents by the document listed as number 42, ‘Brief to government; Premier (16 October 2007)’;
(4) accordingly, censures the Leader of the document listed as number 43, ‘Brief to Government as the representative of the Premier (9 November 2007)’; government in the Council for the government’s failure to fully comply with the Council’s document listed as number 44, ‘Brief to resolution of 11 March 2009; and Premier (19 December 2007)’;
(5) demands that the Leader of the Government document listed as number 58, ‘Briefing by comply fully with the resolution of the Council of DIIRD’; 11 March 2009 and lodge the following documents as detailed on the schedule attached to the document listed as number 63, ‘Brief to Attorney-General’s letter with the Clerk by Treasurer (6 February 2008)’; and 12 noon on Tuesday, 13 October 2009 — resource documents, assessments and analysis used in the preparation of document listed as document listed as number 9, ‘Brief to number 6, ‘Business Impact Assessment Minister for Energy and Resources (16 April prepared for and considered by cabinet’. 2008)’;
document listed as number 11, ‘Brief to office Mr VINEY (Eastern Victoria) — In the last sitting of the Minister for Energy and Resources week I was taking the house through some detailed considering cabinet submission (Doc 5)’; matters in relation to the motions moved by Mr David Davis, about which we now have some problems document listed as number 12, ‘Briefing to Minister for Energy and Resources regarding their dates. But I understand Mr Davis is to considering cabinet deliberations (10 October propose some amendments to those motions, so we will 2008)’; proceed on the basis that that will occur and the government will be happy for those amendments in document listed as number 13, ‘Briefing to office of the Minister for Energy and relation to dates to be made. Resources on cabinet deliberations (15 October 2008)’; As I said in my earlier contribution, which was interrupted by a 10.00 p.m. adjournment debate, we document listed as number 14, ‘Briefing to take the decision to censure a minister, in particular the office of the Minister for Energy and Leader of the Government, in relation to the production
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4948 COUNCIL Wednesday, 14 October 2009 of documents to be one of the more serious motions documents, the Crown Casino documents, the that can be put before this house. As I explained in that clearways documents and the renewable energy feed-in contribution and in earlier contributions, the Treasurer electricity tariffs documents. and Leader of the Government, John Lenders, takes his duties and responsibilities as a member of the executive In relation to the first motion, where the house proposes seriously and is required to comply with that sworn to censure the Leader of the Government in relation to oath of office. these documents, I remind the house of the point I made in reading through all the documents that have been We have had long and frequent debates in this chamber supplied and the date on which they were supplied. Of about the production of documents; they seem to occur all the documents that were requested, 70 were weekly. Earlier today, in a debate on a request for other produced. Seventy sets of documents were produced in documents, I said it is our view that the process this response to that single request. How many documents house has set up for the production of documents is were not produced in response to that single request? being abused by the voluminous nature of documents One document was not produced. being sought by the opposition when there are other mechanisms it could use and undertake to seek This house is proposing to censure the Leader of the documents on particular matters. As it is worth Government for failing to produce one document when reiterating briefly to emphasise the point of the 70 were produced as part of this government’s voluminous nature of these requests, I again draw the commitment to open and accountable governance. The house’s attention to the production of documents reason that document was not produced is that it register which I have obtained from the papers office contains commercial information relating to one of the and which contains some 14 A4 pages — that is, seven alpine resort operators and that operator requested the pages printed on both sides — — agency it provided the document to not to produce the document but to treat it as commercial in confidence. Mr Lenders interjected. Of all the documents that have been requested, 70 sets of documents, representing hundreds and hundreds of Mr VINEY — A3 pages; I apologise to pages of documents, were produced and one set of Mr Lenders. The documents register contains 14 A3 documents, which was commercial in confidence and pages of documents that this house has requested since related to the business plan of one of the operators, was it gave itself these powers. The 14 pages do not not produced. The motion before the house proposes to represent the actual number of pages of documents, censure the Leader of the Government on that basis. I they just list categories of documents. For each one of think that is an absolute abuse of the processes and these categories of documents there are sometimes powers of this house. hundreds, if not thousands, of documents being sought, that is, there are hundreds and thousands of Then there is the request for a number of documents in documents that need to be gone through by the public relation to the Better Place company. Those documents, service in order to identify whatever documents might as I understand it, have not been produced because they be being sought by the opposition. This process of are still under review — they are still being processed. seeking documents has not added 1 per cent of value to When a request for documents is made, it is not just that good governance in this state. I say that with someone has to go and grab a file and hand it over. The confidence, because the opposition has not on one files, briefs and so on have to be searched for and then single occasion been able to generate any kind of an assessment needs to be made of each individual debate in this place — or indeed in the media — about document. The assessment needs to be made according the documents that have been produced. From the to the rules relating to executive privilege that have hundreds and thousands of requests for individual been set out to this house in numerous letters from the documents, hundreds and hundreds if not thousands of Attorney-General, so that the matter — — pages of documents have been produced. Mr D. Davis interjected. In relation to the motions before the house that we are considering in this cognate debate, I was taking the Mr VINEY — I have just taken Mr David Davis house through the detailed documents one by one. I through the other one. Some 70 sets of documents were listed all the documents relating to the alpine resort produced. One operator requested that one document it areas, which had been released in response to the first produced to an agency be considered commercial in set of requests, before I got to the Better Place confidence because it related to the business plan of that documents, the carbon trading institutions and institutes operator. Mr Davis is proposing through this motion to
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4949 censure the Leader of the Government on that basis. I the minister on his deliberations and considerations of think that is an abuse. matters before cabinet. In a number of cases there are also reasons relating to the release of, as I understand it, In relation to the Better Place documents, I understand a personal information or information that would not letter was sent to the house advising that the number of stand a public interest test. documents sought were being searched for and searched through. On 29 July a letter was received from In each of these cases there are dozens, if not hundreds, the Attorney-General to that effect — that it was under of documents — and certainly many hundreds of active consideration. It is a little premature, then, for the pages — that have been released, and then there are a opposition to be suggesting that somehow the number of documents that cannot be released under the government has refused to comply. principles of executive privilege, which have been outlined by me to this house on innumerable occasions. One needs to remember that what is being asked for They have also been outlined by the Attorney-General here is the trawling through of hundreds or thousands of in writing and also by the Leader of the Government in documents to identify the relevant ones, then an earlier debates in the house, as well as by Mr Pakula in individual assessment needs to be made on every single numerous debates, both as a minister and prior to him document. becoming a minister. There are a number of occasions on which these matters have been dealt with and In relation to the part of the motion seeking documents considered in enormous detail. on clearways, my understanding is that a substantial number of documents have been produced. According The government has a very strong record in relation to to my list, 109 documents about clearways have been its openness and accountability, and to putting in provided to the house. This motion proposes to place — as we have just seen in a previous debate — condemn the Leader of the Government over that set of processes to maintain integrity and public scrutiny in documents. this state. Those processes were put in place by this government. It was not this government that moved to There is an excessive and obsessive perception about nobble the Auditor-General. the production of these documents. Whilst the government has a pretty good record in terms of its It was this government that restored the powers of the openness and accountability to deal with the operations Auditor-General and made him and the Ombudsman of government, one could hardly say that it has been in officers of the Parliament. That move made this any way attempting to cover up matters. In fact it was chamber more democratic. To argue that the my intention to go through and list every document that government is failing in any way in relation to the the house has released in relation to all of these production of documents is clearly incorrect. motions, but in the spirit of some agreements that hopefully have been reached to get back to government If members of the house would like to go to the Council business for a change on a Wednesday, I am not papers office and apprise themselves of the voluminous proposing to continue down that path. A3 pages of requests for documents, they will see that there has been a considerable abuse of the processes However, I do say that as a result of these six motions that this house has set up in relation to the production of requesting documents on Crown Casino, clearways, documents. renewable energy, the carbon trading institutions, Better Place and the alpine resorts, there are many documents. The request for the production of documents has not in In relation to clearways alone, some 109 documents any way added to the good governance of this state. have been provided; in relation to the feed-in tariffs, There has been no benefit to the operation of good some 18 documents have been provided ranging from governance in this state by dealing with the many briefings and reports to specialist advice given to the hundreds of documents that have been called for in this departments. An enormous number of documents have chamber. It is good governance for the state to have in been revealed. place such things as freedom of information processes — and those measures were proudly A significant number of documents were not provided, introduced, as I understand it, initially by the Cain and the lists of those documents were detailed in a letter government, if my knowledge of this place is correct. to the Clerk from the Attorney-General on 11 March Those processes of freedom of information were made 2009. His letter outlines why each of the documents much more difficult under the Kennett government but was not provided. In most cases the reason relates to the have been reopened under this government. It has document being either a cabinet document or advice to
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4950 COUNCIL Wednesday, 14 October 2009 actually been a Labor tradition to have a greater level of that whole system of the private sector being able to openness and accountability in the processes of more efficiently provide some public services will fall government in this state. apart.
True to that Labor tradition, this government has been These are important principles. If a minister or a very cooperative in relation to the powers that this government receives legal advice, that ought to be house has given itself to call for particular documents, retained as privileged information and not released. It is and there has been enormous commitment to comply an important principle that some things that fail to pass with that desire of the chamber. But the government has the test of public interest should not be released, that always taken the view that some of the principles some things that relate to the personal nature of the relating to executive privilege are greater than any of relationships between government and individuals in the politics associated with the release of documents. our society are protected as private. These are important principles that must be protected at all costs, and no There is probably nothing more frustrating for ministers amount of political posturing by the opposition about than to say documents cannot be released because they the government supposedly covering things up is going breach those fundamental principles. I am sure that in to change this government’s commitment to honour almost all cases there would be very little that ministers those principles. Those principles deliver good would be unhappy to have made public. The government to Victorians. Those are important deliberations of cabinet and the ability of the public principles that help protect the good governance of this service to give ministers frank and fearless advice so state. that confidentiality is maintained and the processes of the minister seeking independent and objective advice As I said earlier, there has been a clear abuse of the from the public service are observed, and that they are power that this house has given itself to call for able to seek their advice without the public service ever documents. Fourteen A3 pages listing sets of feeling that such advice is compromised by it becoming documents — not individual documents — that you can public, particularly immediately after such get from the papers office will now probably be 15, 16 decision-making processes take place, are or 17 pages after today’s motions, so the number of fundamentally important principles of a civil society requests for documents is growing every week. Those under the Westminster system with the traditions of the pages of requests for documents convert to hundreds bureaucracy-public service system of government. and thousands of documents that public servants need to trawl through, to find, then to individually assess It is a fundamental principle that those processes of every single page, every paragraph of every document confidential advice need to be protected, otherwise to ensure that it does not in some way breach the ministers will not be able to get the frank and fearless executive privilege provisions and requirements that advice that they require to make the decisions they need have served this society and this Parliament well under to make each day and put the case they need to put to numerous and successive governments, I might add. the cabinet each day. That is a fundamentally important Those are important principles that governments of all principle, and it has served the good governance of the persuasions have agreed to. No amount of political Westminster system of many countries, built upon the posturing by the opposition and thundering by British and European models, extremely well. That is Mr Davis about these matters is going to change this not to say that there should not be some openness and government’s commitment to those principles, because accountability, and there are ample processes to allow they serve the community well. that to occur. It is too important a principle to have this house or anyone else trash, because it will put at risk As I have said, if you just take out of this six sets of the important processes of good government, of motions on alpine resorts documents, Better Place ministers of the Crown being able to get good advice documents, carbon trading documents, casino that is independent and is fearlessly provided, knowing documents, clearways documents and renewable that it will be confidential. energy feed-in electricity tariff documents, the one set of alpine resort documents, which I went through in In a society where there has been an increasing detail in the last sitting week before I stopped at the involvement of the private sector in the delivery of interruption of business for the adjournment — after I public services, in order to protect that competitive had gone through every single document that had been nature, to get good value out of it, it is a fundamentally requested — you find that 70 sets of documents have important principle that there needs to be some been released. Only one set of documents out of all observation of commercial in confidence, otherwise those was withheld, and it was withheld for very good
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4951 commercial-in-confidence reasons at the request of the Mr DALLA-RIVA — I am glad he has clarified agency, which did not want its business plan released to how much it was — plus the hour that he had the the public, and I think that is probably a reasonable previous time. request. What organisation or business would happily publish its business plan for all to see? Mr Viney — And you will keep getting it.
What a nonsense that this house would suggest it has Mr DALLA-RIVA — And we hear that we will some right to expose the hard work that has been put in keep getting it. So there you go; this is open, honest and by an organisation to establish its business strategy, its transparent government and this from a member who approach to where it wants to go! It has provided those came to government on that promise. details to the agency that needed to look at them and has requested that agency to keep the information in Mr Viney interjected. confidence, and yet we have a bunch of politicians who Mr DALLA-RIVA — Proudly, he says, and proud think somehow or other they can impose themselves on he will forever be. Never a minister by the sounds of it that organisation and seek its commercial because he appears to be more interested in protecting documentation. That is a nonsense. the government than in doing the right thing.
Out of that request for the alpine resort areas But having said that, there are interesting motions documents, 70 sets were provided openly and one set which are supported by this side of the chamber. This is was withheld — not even a full set of documents, just about holding the government to account. I guess one document relating to the business plan of one having the responsibilities of FOI would be similar to agency — and this house wants to condemn the Leader the frustration that members on this side of the chamber of the Government for that matter. That is absolutely experience almost on a daily basis with the FOI ridiculous. I say to the house that this is another abuse process. We put in our requests and receive clarification by this house over the question of documents. notices. They bounce back.
We have accepted that the house has the right to ask for Then exclusions are made, and we have to negotiate the release of documents and we have set out the with an FOI officer. Another rigorous process follows principles by which they will be provided, and they are and a further process of negotiation. We seek an the principles we are abiding by. This house has not internal review, that process takes place and in the end been able to establish once that those principles have we receive a watered-down version of the original not been abided by — not once. We have set out the document requested. We then head off to the Victorian rules by which documents will be provided and we Civil and Administrative Tribunal (VCAT). Many of us have abided by those rules. This house is in no position on this side of the chamber have engaged in battle with to proceed with these motions, which are the next step government to extract information. in a censure of the Leader of the Government. Therefore it is no surprise for us to see the government We are complying with the rules that we set out right so beholden to the process of restriction and from the beginning: documents will be released if they obfuscation. We see it here again, and we have seen it do not abuse executive privilege. I say to the house that with the sourcing of documents. Mr Viney gets up here these motions cannot be supported. and rattles off the content of some printed pages in an Mr DALLA-RIVA (Eastern Metropolitan) — We A3 folder. They probably pale into insignificance in have heard the ongoing rhetoric of Mr Viney opposite, comparison with the 250 000 or 260 000 public one of a number of members who came to this chamber servants working tirelessly every day to deliver proper and came to government on the promise of open, government and to produce documents. So the notion honest and transparent government. Those opposite that there are hundreds, perhaps thousands, of keep talking about the dark years of the Kennett documents that have been tabled probably only government, and yet for almost 28 minutes we have represents nearly a day’s work in the life of a large heard a continuation of what Mr Viney has said bureaucracy such as we have, and that puts it into some previously. perspective.
Mr Viney interjected. When Mr Viney stands up here with hand on heart saying, ‘Isn’t it great? We have released thousands of pages’, maybe it is, maybe it is not. But in the context of the documents that have been produced and the
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4952 COUNCIL Wednesday, 14 October 2009 advice given to ministers and to departments, it is The government hates this process because it illustrates insignificant. I think we need to reject that outright. how it continually blocks the release of information, and there is no more stark an example than this first I was listening to the contribution of Mr Viney on this motion in relation to Mount Baw Baw. set of motions, and in particular the last one that he mentioned which is the first motion in relation to the It is probably a good time for me to move my release of alpine resort areas documents. Mr Viney and amendments to the motions moved by Mr Davis, which the government suggest that we are being unreasonable are listed 1 to 6 and are reflective of the orders of the in seeking the release of the Mount Baw Baw Alpine day. In the first place we sought the release of this Resort Management Board corporate plan. information by 13 October 2009. As Mr Viney said in his contribution, he was killed by the clock at I will let Mr Viney into a secret. I also happen to be on 10.00 p.m. when these motions were last debated. By the VicHealth board. The VicHealth board will at some default the next available date happens to be today, point release its corporate plan into the community, as 14 October; 13 October has passed, so we propose to would any statutory authority or any other board that extend the deadline for the government to release the has receipt of public funds, because it is an accountable documents to 10 November 2009. I move: organisation. Kirstie Marshall, the member for Forest Hill in the Assembly, and Hugh Delahunty, the member 1. In the motion relating to the alpine resort areas for Lowan in the Assembly, are also on the board. We documents, omit ‘13 October 2009’ and insert ‘10 November 2009’. have been through a process and we expect that the corporate plan which will take VicHealth into the future 2. In the motion relating to the Better Place documents, will be released publicly for all those in the community omit ‘13 October 2009’ and insert ‘10 November 2009’. to assess and work out where we are going, and that is 3. In the motion relating to the carbon trading institutions reasonable. and institutes documents, omit ‘13 October 2009’ and insert ‘10 November 2009’. While the government claims that the release of the Mount Baw Baw Alpine Resort Management Board 4. In the motion relating to the Crown Casino documents, Corporate Plan 2009–2010 would be prejudicial to the omit ‘13 October 2009’ and insert ‘10 November 2009’. public interest, I cannot for the life of me think what the 5. In the motion relating to the clearways documents, omit rationale would be. This is a board that has ‘13 October 2009’ and insert ‘10 November 2009’. responsibility on behalf of Victorians for the resort areas, whether it be for ski resorts, for the cross-country 6. In the motion relating to the renewable energy feed-in skiing that I know has a very active following there, or electricity tariff documents, omit ‘13 October 2009’ and insert ‘10 November 2009’. for bushwalking and the like. Why on earth would the government reject the release of the corporate plan? The same issue seems to arise with the second motion: What is the plan? Who knows? It could be for Labor we sought the release of some documents; the ministers to go and have a free weekend up there. I do documents came back; the government decided that not know. We know that one of them did once, I think. only a partial release would be granted. However, I understand this one has been a bit more difficult Mr D. Davis — A few times. because the government claims there is potential for Mr DALLA-RIVA — A few times. Maybe that is executive privilege and is still in the process of in their corporate plan: only Labor ministers are providing information. Accordingly, we are seeking allowed to go up there. I do not know; we do not know; further details. We moved the motion on 2 June 2009. the house does not know and, more importantly, the We are of the belief that that we are entitled, as the people of Victoria do not know. We reject the claim Council, to scrutinise the activities of the executive in that there is some executive privilege attached to the terms of accountability for executive behaviour, the Mount Baw Baw alpine resort. I think it demonstrates relationship a former member, the government and the extent to which the government wants to move in Better Place had and the processes that led to the rejection of what we are proposing. As I said, this is Mr Thornley going, as it were, to a better place. I think like a public, drawn-out FOI process. We put in a it is fair for the government to provide those documents request; it gets rejected. We achieve partial release of and for the public to be able to extend its scrutiny into information and then go through a clarification process. those particular areas. We then debate it. The only difference is that this is in the public domain and is being recorded and captured.
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4953
General business, orders of the day, no. 3 relates to the General business, order of the day no. 4, which relates carbon trading institutions. We are seeking the to Crown Casino, is an interesting one. We on the production of documents. In a letter dated 11 August Public Accounts and Estimates Committee saw the and copied to the Leader the Government in this process unfold. We were correct to seek, in the chamber, the Attorney-General states: resolution of the Council on 24 June, the production of all documents and communications held by the The government is still in the process of identifying and government, because it was clear from the PAEC assessing documents relevant to the Council’s resolution. I am advised that responding to this resolution requires the hearings that the gaming minister had no idea what was government to assess a significant number of documents. It is going on. The overarching conclusion of most people anticipated that we will shortly be in a position to provide a who were at the PAEC hearing was that he had no idea response to the resolution. what was going on.
An FOI application has a 45-day limit, but 75 days, It was fair for this chamber, through the motion moved 85 days, 90 days, 105 days — I even have FOI requests by Mr Davis, to seek clarification about the relationship that have gone into the 110-day period. between the state government and Crown Casino and in particular the extension of the licence for the number of It staggers me that the government is in a position gaming tables at Crown Casino. where it has to assess the documents, supposedly because of the volume. As I said, we have been very The government responded on 23 July. I understand it clear on what we are seeking. The resolution of the has supplied a tranche of documents which express to Council was made on 29 July this year, so there was some degree what occurred, but clearly there are some plenty of time. The government was well aware this matters that have been excluded. As is listed in the motion would be moved, but of course it has blocked fourth motion, they relate to the extension of the licence and delayed. So what is the process? Do we go off to and the fact that the government has failed to fully the Victorian Civil and Administrative Tribunal and comply with the resolution of 24 June. A selected lodge an application because the government has failed number of documents have been delivered, but to provide the documents within a period of time? certainly there has been a failure by the government to There is no statutory time here. There is no VCAT produce even a schedule of the relevant documents, provision, so we end up having to resort to censuring which is what the original motion sought and what the the Leader of the Government. That is the reason each chamber voted to seek. of these motions have that censure. It is a signal that this chamber suggests very clearly that the government We are again pushing the government to comply with needs to take these motions very seriously. the request of the Council. As I indicated previously, our other options would be to have internal reviews Of course we have the oversight of the minor parties in under FOI or to go off and have the Ombudsman terms of the numbers. investigate. We have the opportunity of VCAT. In this chamber we are limited in terms of our capacity to Mr Barber — Don’t call them minor parties. ensure the delivery of documents, and consequently we Mr D. Davis — They are non-government parties. will now move towards a censure motion. The government needs to understand the seriousness of this. Mr DALLA-RIVA — We have the non-government minor parties in this chamber. In respect of order of the day no. 5 relating to clearways, this was a resolution of the Council in April. Mr Barber — The DLP and The Nationals. A letter was sent to the Clerk of the Council on 28 July. We had the obligatory four months — April, May, June Mr DALLA-RIVA — I am staggered to hear that and to the end of July. It is probably on par with normal response, but that is fine. FOI responses, or possibly shorter. In a letter listing the concerns about executive privilege the Mr Barber interjected. Attorney-General, Mr Hulls, said ‘the limitations centre on the protection of public interest’. He wrote: Mr DALLA-RIVA — I am just waiting for the interjections from Mr Barber to cease. Usually they are The executive government has now assessed the documents from the other side and not the same side, but I digress. sought by the Council against the factors listed in my letter. It Whoever they are over there — the non-government has determined that the release of some of those documents parties on my left — I will not bring them into this would be prejudicial to the public interest. debate anymore.
ALPINE RESORT AREAS REVIEW, ELECTRIC CARS, CARBON POLLUTION REDUCTION SCHEME, CROWN CASINO, CLEARWAYS and RENEWABLE ENERGY FEED-IN TARIFFS: PRODUCTION OF DOCUMENTS
4954 COUNCIL Wednesday, 14 October 2009
This open, honest and transparent government has confidential deliberative processes or ‘high-level again done what it can to shut down the process. confidential deliberative processes’, as the schedule calls them. In relation to order of the day no. 6 on the renewable energy feed-in electricity tariff documents, it is In relation to order of the day no. 6, Mr Davis was interesting that this signifies how the government treats being reasonable in listing in parts 3 and 5 of the this process — it picks them off without the capacity original motion all the documents to be released. I for independent scrutiny. As I said, through freedom of quote part 5: information there is legislation, independent oversight, internal review, judicial review and the capacity for a demands that the Leader of the Government comply fully with the resolution of the Council of 11 March 2009 and series of inspections along the process to determine lodge the following documents as detailed on the schedule whether the process itself has been complied with and attached to the Attorney-General’s letter — adhered to in accordance with an act of Parliament. which is what I just read — A document was presented to the Clerk of the Legislative Council by the Attorney-General in a letter with the Clerk by 12 noon on Tuesday, 13 October 2009 — which appears to be undated but which bears the or, under the amendment put forward, 10 November reference number D09/35138, whatever that means. 2009. The first dot point in this motion is: Attached to it is a schedule that lists a raft of requested documents. document listed as number 9, ‘Brief to Minister for Energy and Resources (16 April 2008)’ … In his request for the production of documents, Mr Davis was right to outline specifically which ones Mr Davis has not put in items 1 to 8; he has been fair in the opposition is seeking and which the Council should taking the approach we would apply under freedom of be seeking. It is not reasonable for the Council to expect information — for example, that we would seek the release of documents that are related or attached to document 9. In our view, and it should be the view of cabinet committee submissions — and a cabinet the Council, that document does not comply with the committee submission is listed as item 1 on the definition of ‘high-level deliberative process of the schedule — and we have not sought that. What we have executive’ because it is not classified as cabinet in rejected is the government’s identification of item 9 — confidence. Just because the government considers it a a brief to the Minister for Energy and Resources, dated high-level document does not make it exempt from 16 April 2008. It is our view, and it therefore should be scrutiny by this chamber. the view of the Council, that this does not fall into the I will not go through all the dot points, because there is category of being a cabinet submission, a part of the almost a page of them, but I will read out the numbers. deliberative processes of the cabinet or a cabinet The schedule attached to the undated letter from the committee consideration. Attorney-General lists 67 documents. To clarify, we are I turn to item 2 — a brief to the Minister for Energy and seeking the documents identified as items 9, 11, 12, 13, Resources. It is exactly the same as item 9, but is on a 14, 15, 16, 17, 38, 39, 40, 41, 42, 43, 44, 58 and 63. cabinet submission. We have not sought that document. This is not a fishing expedition, as Mr Viney and others We have appropriately taken the view that cabinet would suggest; this is a clear process of ensuring that documents are, as they should be under freedom of documents are presented and applied for rationally, that information — not always, but that is the process — there is logic as you would apply in freedom of restricted or exempt documents. information. The Council should take guidance on the way it deliberates so that it does not reject everything The government has identified the documents and because it assumes that everything should be rejected. categorised everything as limited or restricted. The government says these documents relate to confidential, Motions 1 to 6 are quite serious in that they set the next deliberative processes of executive government. What stage in the process relating to the documents, but the does that mean? Does it mean that the tea person opposition has received very little. As I indicated in my walking past happened to have the document, wheeled introductory comments, the number of documents it past one of the ministers and therefore the Council Mr Viney suggested is probably minuscule in the cannot look at it? I am not being flippant about it. My overall context of government doing business day to example signifies that we do not know the criteria that day. government has laid down to make processes
ALPINE RESORT AREAS REVIEW: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4955
With those words I urge that the amendments as have or other documents of this type are not shielded from a been presented be passed so the dates can be moved on chamber of the Parliament being able to get access to to the next period. I say with sincerity that there will be them. serious consequences from the passing of these motions. The Leader of the Government, as the In some senses, as Mr Dalla-Riva said, it is like FOI; in representative of the government in the Council, will be another sense it is quite different. This is the censured for the government’s failure to fully comply Parliament, the sovereign institution, that is seeking the with the Council resolutions detailed in the documents on behalf of the community. For those motions numbered 1 to 6. Without further ado I ask reasons, I urge the chamber to support these six members to support the amendments to those motions. motions, with the amendments. I note Mr Dalla-Riva’s amendments amending the dates by which these Mr D. DAVIS (Southern Metropolitan) — These documents would be sought. are important motions. They go to matters of significant government policy in each and every case, dealing with Mr VINEY (Eastern Victoria) (By leave) — I thank alpine resorts, with the electric car and Better Place the opposition for granting leave. I want to put on issues, with issues that surround the carbon trading record that the government will not oppose the institutes and the government’s decisions on those, and amendments. The amendments are obviously necessary with issues particularly concerning Crown Casino. We because the debate expired at 10.00 p.m. in the last have seen just a modest number of documents provided sitting week and it is now necessary to correct the dates. to this chamber. There are many more related Whilst we are opposing the motions, we recognise that documents. I note that in the case of the Crown Casino the motions do not make sense if the amendments are motion the government has refused to provide a not put and form part of the ultimate vote, so we will be schedule of documents. It has provided only the small happy to allow the amendments to proceed. cluster of 13 which it released pre-emptively in public rather than tabling them in the chamber, but pointedly has not produced a table which schedules the ALPINE RESORT AREAS REVIEW: documents it has not chosen to provide. In my view PRODUCTION OF DOCUMENTS those Crown Casino documents are particularly The ACTING PRESIDENT (Mr Finn) — Order! important documents. They should be documents that Mr Dalla-Riva has moved to amend each of Mr David the community can scrutinise. Indeed, there are bills in Davis’s motions by omitting ‘13 October 2009’ and this Parliament at the moment that relate to matters that inserting ‘10 November 2009’. In relation to are relevant to that. Mr Dalla-Riva’s amendment 1 to motion no. 1, the Equally, on the motion concerning clearways, as question is: Mr Dalla-Riva has eloquently pointed out, and the That the amendment be agreed to. motion concerning the solar renewable tariff issues, we have been reasonable in looking carefully at the Amendment agreed to. schedules the government has provided. Where a document is clearly a cabinet document or there is some The PRESIDENT — Order! The question is: other overriding reason it should not be provided to the That motion 1, as amended, be agreed to. chamber or be in the public domain, we have accepted that. Where documents are simply briefings to the House divided on amended motion: ministers or to a particular minister or are departmental documents, I do not believe that is a sufficient reason to Ayes, 21 deny the chamber, and thereby the community, these Atkinson, Mr Kavanagh, Mr documents. Barber, Mr Koch, Mr Coote, Mrs Kronberg, Mrs The legal advice that was sought through Bret Walker, Dalla-Riva, Mr Lovell, Ms Davis, Mr D. O’Donohue, Mr (Teller) QC, lays out some of these parameters quite clearly, Davis, Mr P. Pennicuik, Ms and the Egan case in New South Wales lays out a Drum, Mr Petrovich, Mrs number of these parameters. Simply because it is Finn, Mr Peulich, Mrs inconvenient to a government is not a sufficient ground Guy, Mr (Teller) Rich-Phillips, Mr for a government to refuse key documents. Documents Hall, Mr Vogels, Mr Hartland, Ms that are genuine cabinet documents, in my view, should be exempt, but documents that are simply briefings to ministers or senior bureaucrats or working documents
ELECTRIC CARS: PRODUCTION OF DOCUMENTS
4956 COUNCIL Wednesday, 14 October 2009
Noes, 19 CARBON POLLUTION REDUCTION Broad, Ms Pakula, Mr SCHEME: PRODUCTION OF DOCUMENTS Darveniza, Ms Pulford, Ms (Teller) Eideh, Mr Scheffer, Mr The PRESIDENT — Order! The question in Elasmar, Mr Smith, Mr Huppert, Ms Somyurek, Mr (Teller) relation to Mr Dalla-Riva’s amendment 3 is: Jennings, Mr Tee, Mr That the amendment be agreed to. Leane, Mr Theophanous, Mr Lenders, Mr Tierney, Ms Madden, Mr Viney, Mr Amendment agreed to. Mikakos, Ms The PRESIDENT — Order! The question is: Amended motion agreed to. That motion 3, as amended, be agreed to. House divided on amended motion: ELECTRIC CARS: PRODUCTION OF DOCUMENTS Ayes, 21 Atkinson, Mr Kavanagh, Mr The PRESIDENT — Order! The question in Barber, Mr Koch, Mr relation to Mr Dalla-Riva’s amendment 2 is: Coote, Mrs Kronberg, Mrs (Teller) Dalla-Riva, Mr Lovell, Ms That the amendment be agreed to. Davis, Mr D. O’Donohue, Mr Davis, Mr P. Pennicuik, Ms Amendment agreed to. Drum, Mr Petrovich, Mrs Finn, Mr Peulich, Mrs The PRESIDENT — Order! The question is: Guy, Mr Rich-Phillips, Mr (Teller) Hall, Mr Vogels, Mr That motion 2, as amended, be agreed to. Hartland, Ms
House divided on amended motion: Noes, 19 Broad, Ms Pakula, Mr Ayes, 21 Darveniza, Ms Pulford, Ms Atkinson, Mr Kavanagh, Mr Eideh, Mr (Teller) Scheffer, Mr Barber, Mr Koch, Mr Elasmar, Mr Smith, Mr Coote, Mrs Kronberg, Mrs Huppert, Ms Somyurek, Mr Dalla-Riva, Mr Lovell, Ms Jennings, Mr Tee, Mr Davis, Mr D. O’Donohue, Mr Leane, Mr Theophanous, Mr (Teller) Davis, Mr P. Pennicuik, Ms Lenders, Mr Tierney, Ms Drum, Mr Petrovich, Mrs Madden, Mr Viney, Mr Finn, Mr (Teller) Peulich, Mrs (Teller) Mikakos, Ms Guy, Mr Rich-Phillips, Mr Hall, Mr Vogels, Mr Amended motion agreed to. Hartland, Ms
Noes, 19 CROWN CASINO: PRODUCTION OF Broad, Ms Pakula, Mr DOCUMENTS Darveniza, Ms Pulford, Ms Eideh, Mr Scheffer, Mr (Teller) The PRESIDENT — Order! The question in Elasmar, Mr Smith, Mr Huppert, Ms Somyurek, Mr relation to Mr Dalla-Riva’s amendment 4 is: Jennings, Mr Tee, Mr That the amendment be agreed to. Leane, Mr Theophanous, Mr (Teller) Lenders, Mr Tierney, Ms Madden, Mr Viney, Mr Amendment agreed to. Mikakos, Ms The PRESIDENT — Order! The question is: Amended motion agreed to. That motion 4, as amended, be agreed to. House divided on amended motion:
Ayes, 21 Atkinson, Mr Kavanagh, Mr Barber, Mr Koch, Mr (Teller)
CLEARWAYS: PRODUCTION OF DOCUMENTS
Wednesday, 14 October 2009 COUNCIL 4957
Coote, Mrs Kronberg, Mrs Mikakos, Ms Dalla-Riva, Mr Lovell, Ms Davis, Mr D. O’Donohue, Mr Amended motion agreed to. Davis, Mr P. Pennicuik, Ms Drum, Mr Petrovich, Mrs Finn, Mr Peulich, Mrs Guy, Mr Rich-Phillips, Mr RENEWABLE ENERGY FEED-IN Hall, Mr Vogels, Mr (Teller) TARIFFS: PRODUCTION OF DOCUMENTS Hartland, Ms The PRESIDENT — Order! The question in Noes, 19 relation to Mr Dalla-Riva’s amendment 6 is: Broad, Ms Pakula, Mr Darveniza, Ms Pulford, Ms That the amendment be agreed to. Eideh, Mr Scheffer, Mr Elasmar, Mr (Teller) Smith, Mr Amendment agreed to. Huppert, Ms (Teller) Somyurek, Mr Jennings, Mr Tee, Mr The PRESIDENT — Order! The question is: Leane, Mr Theophanous, Mr Lenders, Mr Tierney, Ms That motion 6, as amended, be agreed to. Madden, Mr Viney, Mr Mikakos, Ms House divided on amended motion:
Amended motion agreed to. Ayes, 21 Atkinson, Mr Kavanagh, Mr (Teller) Barber, Mr Koch, Mr CLEARWAYS: PRODUCTION OF Coote, Mrs (Teller) Kronberg, Mrs DOCUMENTS Dalla-Riva, Mr Lovell, Ms Davis, Mr D. O’Donohue, Mr The PRESIDENT — Order! The question in Davis, Mr P. Pennicuik, Ms Drum, Mr Petrovich, Mrs relation to Mr Dalla-Riva’s amendment 5 is: Finn, Mr Peulich, Mrs Guy, Mr Rich-Phillips, Mr That the amendment be agreed to. Hall, Mr Vogels, Hartland, Ms Amendment agreed to. Noes, 19 The PRESIDENT — Order! The question is: Broad, Ms Pakula, Mr That motion 5, as amended, be agreed to. Darveniza, Ms Pulford, Ms Eideh, Mr Scheffer, Mr House divided on amended motion: Elasmar, Mr Smith, Mr Huppert, Ms Somyurek, Mr Jennings, Mr Tee, Mr (Teller) Ayes, 21 Leane, Mr Theophanous, Mr Atkinson, Mr Kavanagh, Mr Lenders, Mr Tierney, Ms Barber, Mr Koch, Mr Madden, Mr Viney, Mr Coote, Mrs Kronberg, Mrs Mikakos, Ms (Teller) Dalla-Riva, Mr Lovell, Ms (Teller) Davis, Mr D. O’Donohue, Mr Amended motion agreed to. Davis, Mr P. Pennicuik, Ms Drum, Mr Petrovich, Mrs Finn, Mr Peulich, Mrs Guy, Mr Rich-Phillips, Mr BETTER PLACE: PRODUCTION OF Hall, Mr Vogels, Mr DOCUMENTS Hartland, Ms (Teller) The Clerk — I advise the Council that I have Noes, 19 received the following letter from the Broad, Ms Pakula, Mr Attorney-General: Darveniza, Ms (Teller) Pulford, Ms Eideh, Mr Scheffer, Mr Order for the production of documents: Elasmar, Mr Smith, Mr Huppert, Ms Somyurek, Mr I refer to the following resolution made by the Legislative Jennings, Mr Tee, Mr Council on 6 May 2009: Leane, Mr (Teller) Theophanous, Mr Lenders, Mr Tierney, Ms Madden, Mr Viney, Mr
WATER: RECYCLING
4958 COUNCIL Wednesday, 14 October 2009
‘That in accordance with sessional order 21, there be (1) why the government has made little effort to utilise the tabled in the Council by 4.00 p.m. on 2 June 2009, a 300 000 megalitres or more of wastewater being copy of: dumped along the coast each year; and
(1) all documents, including memorandums, reports, (2) why more effort has not been made to harvest the briefing documents, correspondence, meeting notes 250 000 megalitres of stormwater that falls on or reports concerning the company Better Place, Melbourne’s roofs, roads and footpaths each year. including all proposals and analyses of proposals put by that company to the state government, its Mr P. DAVIS (Eastern Victoria) — It is a delight to ministers or other officers, including the former Parliamentary Secretary assisting the Premier on accept the call from such an august Acting President as the National Reform Agenda and Innovation, Mr Finn; I hope I can do justice to his invitation to Mr Evan Thornley, by the Better Place company or make some comments on this motion. But what is the its agents; motion now before the house? They say that age will not weary them, but in this case it makes us perhaps get (2) and all studies, evaluations, briefing papers and other documents concerning electric cars that are forgetful, because it has been four weeks since debate held by the Department of Innovation, Industry and on this motion was set aside. Regional Development, the Department of Premier and Cabinet, the office of the Premier, the office of I owe it to the house to remind members exactly what it the Minister for Industry and Trade and the office is that I am about to speak on. It is Mr Hall’s motion, of the Minister for Innovation.’ which he moved on Wednesday, 16 September; it says I also refer to my letter to you of 28 October 2008, in which I in detail, as opposed to the advice of the Clerk when he noted the limits on the Council’s power to call for documents. read from the notice paper an abbreviated version of the These limits centre on the protection of the public interest. In motion: that letter I set out factors which the government would consider in assessing whether the release of documents would That this house calls on the Minister for Environment and be prejudicial to the public interest. Climate Change to explain —
The executive government has now assessed the documents (1) why the government has made little effort to utilise the sought by the Council against the factors listed in my letter. It 300 000 megalitres or more of wastewater being has determined that the release of some of these documents dumped along the coast each year; and would be prejudicial to the public interest. Accordingly, the executive government, on behalf of the Crown, makes a claim (2) why more effort has not been made to harvest the of executive privilege in relation to the documents described, 250 000 megalitres of stormwater that falls on and on the grounds set out in, the attached schedule. Melbourne’s roofs, roads and footpaths each year. The 405 remaining documents sought by the Council will be produced to the Council today. Some of the documents The motion as moved by Mr Hall is an excellent one in provided to the Council contain the names and contact details that it seeks to invite the Minister for Environment and of individuals. These details have been removed, as is usual, Climate Change to provide the house with an to protect personal privacy. explanation of the government’s policies. I note the minister is demonstrating perhaps a deliberate Attached to the Attorney-General’s letter is a schedule disinterest in the matter in as much as he is not present of the documents being produced to the Council. in the chamber, and I am not aware if he has been in the Mr D. DAVIS (Southern Metropolitan) — By chamber during the tenure of this debate whatsoever. I leave, I move: encourage the minister to come into the house, listen to the debate and more importantly as far as I am That a list of the 405 documents being produced to the concerned, to make a contribution and explain the Council and a list of the 53 documents upon which executive government’s policy. privilege is being claimed, which are referred to in the letter from the Attorney-General, be incorporated into Hansard. It is fair to say that Mr Hall, in speaking to his motion, Motion agreed to. did a fine job in setting out the facts and making an argument as to why it is that the minister should List (405 documents) incorporated at pages 4989–5008. respond on behalf the government. I do not intend to List (53 documents) incorporated at pages 5009–5013. reprise Mr Hall’s argument whatsoever, but I do want to pick up on his reference to the comprehensive Environment and Natural Resources Committee report WATER: RECYCLING on its inquiry into Melbourne’s future water supply, which was tabled in June. That very comprehensive Debate resumed from 16 September; motion of report is excellent in terms of the opportunities it Mr HALL (Eastern Victoria): provides for the government to respond in a policy sense. That this house calls on the Minister for Environment and Climate Change to explain —
WATER: RECYCLING
Wednesday, 14 October 2009 COUNCIL 4959
In itself the report raises a lot of questions. The today, because the points I wish to make are really members of the committee who conducted that inquiry about the fact that, as Mr Viney reminded us all earlier did a great job, and I have no doubt they were ably in today’s proceedings, this Friday he is going to supported by the committee staff. The report is a good celebrate 10 years of being a member of the and succinct summary of where Melbourne’s water government. That may be a celebration for some, but requirements are up to and where the opportunities are there may be others like me who would say it has been for future development of policy, and therefore water 10 wasted years or 10 years of neglect, of failed public security, for the great mass of Victoria’s population policy, of maladministration — — who live in Melbourne. Mrs Petrovich — Lost opportunity. To recite some of the key issues that particularly relate to matters around this debate, I refer to the findings in Mr P. DAVIS — Indeed, as Mrs Petrovich says, the chapter entitled ‘Storm water and rainwater — they have been years of lost opportunity. Of course the harvesting, storage and use’ at page 117. Finding 4.1 biggest lost opportunity is in relation to the says: government’s abject failure in water policy. I just want to pick up that thought for a moment. I refer to the Age Between 400 and 550 gigalitres of stormwater runs off editorial of 14 September, which is headlined Melbourne’s urban catchment annually. This is a similar or ‘Thomson water grab a measure of policy failure’. This greater volume than the total annual mains water use of the city. refers to the state government’s announcement in the previous week of further emergency measures to draw Finding 4.2 states: another 10 billion litres of water from the environmental flows of the highly stressed Thomson There is significant potential to harvest stormwater within River. I go specifically to that editorial’s comments: Melbourne’s urban catchment. However, currently less than 0.25 per cent of the resource is used. The Thomson and the Gippsland Lakes, which are fed by the river, are already in a bad way — an evaluation by the That is an amazing statistic: I cannot believe it is so Department of Sustainability and Environment found less small an amount. Further on, at finding 4.9, the report than 30 per cent of the catchment was in good condition. The states: river has missed out on promised environmental flows, starting with a pledge of 10 billion litres in 2005 (which was The use of rainwater tanks was not actively encouraged in to rise to an extra 25 billion litres a year by 2015). By 2005, some capital cities, including Melbourne, until quite recently. catches by the Lakes Entrance Fishermen’s Co-operative Rainwater tanks currently provide a limited alternative water were down to half of the take in 1991. supply in Melbourne. That sets the scene in terms of the health of the That is useful in recapturing those points, because they Gippsland Lakes catchment. A more pertinent are significant in their own way, but I have to say that commentary by the Age on the government’s policy the whole report is worth reading. Under the findings in failure is in the concluding paragraph, which I quote: relation to the re-use of treated waste water, finding 5.1 says: Having delayed action on an alternative supply, the government is now clearly fearful of the political cost of There are a significant number of opportunities to offset imposing stage 4 restrictions before the November 2010 state demand for potable water by increasing the use of recycled election. Instead, it is prepared to further damage the water. These opportunities include both small and large scale Thomson and Gippsland Lakes. In a parallel to the disaster projects such as sewer mining and stormwater recycling. inflicted on the lower Murray River, the river and lakes environment, which supports a $200 million tourism industry Finding 5.2 states: and valuable fishery, will suffer a decline that won’t be easily reversed — all so that Melbourne can secure a couple more Most of Melbourne’s recycled water is produced at the weeks’ supply of water. It is an indictment of water policy eastern and western treatment plants. There is significant over the past decade that Victoria has come full circle back to potential for Melbourne’s wastewater treatment plants to the crisis of 1999 when Melbourne was draining the life out increase the volume of recycled water produced. of the Thomson at the region’s expense. I refer particularly to those aspects of the report only It disturbs me that we come into this place and make because they underscore the intent and purpose of the contributions on important policy discussions, yet motion before the house. consistently and persistently the government displays a disinterest in what the representatives of Victorians However, I now wish to proceed to another aspect of have to say. Other than the joy, for example, of issuing water policy which I think is germane to this debate. I a press release to make a significant policy do not intend to take a long time in my contribution announcement, the Minister for Water has provided
WATER: RECYCLING
4960 COUNCIL Wednesday, 14 October 2009 little, if any, policy justification to the people who are presently the Gippsland Coastal Board, the Victorian directly affected. Coastal Council, the Environment Conservation Council and other bodies. It is my advice that for more than a month ABC radio in Gippsland has persistently requested that the minister This letter from Watermark sets out clearly its concerns actually respond to a request to be interviewed on this and those of the Gippsland community, and I quote: policy decision, but consistently the minister has made himself unavailable for any such interview. Just as the Watermark Inc. wishes to record its strong opposition to any further allocation of water from the Thomson River as such government is in contempt of the non-government would add to the severe impacts on the quality and quantity of parties and members in this place and in the other water available to the vast RAMSAR listed wetlands which house, the Minister for Water has displayed contempt all rely on the Thomson/ Latrobe systems for their future for the people of Gippsland, who will be profoundly health. affected by his policy decision. …
Therefore it is not surprising to read just one Surely at the very least, any decisions about the future of commentary in a local regional newspaper on this issue. flows in the Thomson River should be withheld pending The Gippsland Times-Spectator editorial of Tuesday, completion of the Gippsland Region Sustainable Water Strategy. 15 September 2009, is headed ‘Insatiable thirst?’. In part the editorial says: It is not a bad observation. Watermark, which is a community advocacy group dealing with the Last week’s announcement that another 10 billion litres of water from the Thomson River will go towards quenching the community’s interest in the health of the Gippsland city’s thirst has angered many Gippslanders. Lakes, with the associated wetlands and with the Gippsland Lakes catchment is a credible organisation. … It truly reflects the views of the wider Gippsland Past experience with the Thomson River dam shows that once community which takes an active interest in these a decision is made to take more water ‘temporarily’, it issues. becomes permanent. It says what is obvious to Blind Freddy but obviously It is understandable that the region is outraged by this not evident to the Minister for Water — that is, if you behaviour. continue to divert environmental flows from the rivers that feed the wetlands adjacent to the Gippsland Lakes, I will make the case in a way that I think is valuable, by then they will die, as they have been doing through this quoting from a letter headed: persistent drought. The government is adding Open letter to the Hon. Tim Holding, Minister for Water, momentum to that decline in the value of those regarding the Thomson River environmental flow allocation. wetlands.
He is the minister who made the announcement on To put it into perspective, the Gippsland Lakes cover behalf of the government and presumably has had 400 square kilometres and are the largest inland carriage of the determination of this reallocation of waterway in Australia. The Gippsland Lakes wetlands water. The letter is from Watermark — an organisation comprise some 4000 square kilometres, and so as to be established in 1999 with a basic mission to ‘Foster classified as wetlands, they actually need water to community action to conserve and enhance the survive. This may come as a surprise and be news to catchment, shores and waters of the Gippsland Lakes’. the Minister for Water, but the wetlands require water to be wet, and therefore to be called wetlands. That very credible organisation is chaired by one of the government’s own preferred statutory appointees, The streams, the rivers and the tributaries of those Duncan Malcolm, who has served on many rivers that feed the Gippsland Lakes and the Gippsland government bodies over a long time, and I say that not Lakes wetlands actually need water in them to be rivers in any way facetiously because I know Mr Malcolm and streams. This is a fundamental issue, I would have well. Indeed I can recall meeting him when I was a thought, and something which even the learned minister member of Victorian Young Farmers back in the very now in the chamber, the Minister for Industry and early 1970s — or, as my children would say, ‘In the Trade, understands and relates to. Stone Age, Dad’. In the letter to the minister, Watermark suggested that Mr Malcolm has served diligently in representing his the minister should be cognisant of his own ‘Gippsland community on various government bodies including region sustainable water strategy discussion paper’,
WATER: RECYCLING
Wednesday, 14 October 2009 COUNCIL 4961 which is being considered presently by members of the the minister do? The minister takes a few more billion Gippsland community. Indeed that consultative litres out of those flows. committee is chaired by another very committed person with a great knowledge of natural resource It is useful to note that in relation to those management — none other than Llew Vale, who, environmental flows, the water strategy itself — this is again, has been appointed to statutory authorities by the minister’s own discussion paper — in chapter 2 at both this government and the preceding government. page 17, says with respect to caps on the system under the Our Water Our Future commitment that the basin is He and his committee are working hard to do as the capped and fully allocated. Irrespective of the fact that government has bid: to engage in consultation for a the minister’s own document says that the basin is fully Gippsland region sustainable water strategy. What is of allocated, the minister has decided to send more interest to me in that document is that the headline, as it environmental flow water to Melbourne. were, in terms of overview says ‘Planning for a secure water future’. The first question is: how can you have a I could go on at some length because I have become secure water future when the Minister for Water just engaged, in a spirited way, about the absolute stupidity peremptorily, in an ad hoc fashion, makes of what the Minister for Water, the colleague of the announcements that significantly divert water resources Minister for Industry and Trade, who is at the table, is away from Gippsland on an ongoing basis? doing. It is just a complete joke.
Candidly, is this a joke? I ask the minister: is this just a It is no wonder that people all around this state feel joke that you would have thousands of public servant frustration about the approach of the government to man-hours devoted to preparing a discussion paper to water policy, whether it is the people down in Bass develop a sustainable water strategy, you would invite Coast who are upset about the way the steamroller has the community to participate in a detailed negotiation, come in to put in the desalination plant, the people in and then just totally repudiate any of that process by northern Victoria who are upset about the diversion of unilaterally making an announcement to divert water northern Victorian water or indeed the people in far east out of the catchment? I think it is totally absurd. Gippsland who delivered government 10 years ago — to close the loop on this — on the basis of a policy I will let the document speak for itself. At page 7, in the commitment in regard to the Snowy River, which has first section under a heading of ‘Strategy objectives’, in been unmet in 10 years, with 4 per cent of flows in the part it says the strategy aims to: Snowy and going backwards.
… provide for protection of rivers, estuaries and aquifers It is pretty clear that the government has no credibility from the impacts of drought, climate change and other on water policy. It should take note of the work done by risks … the Environment and Natural Resources Committee of What a load of rubbish! Where was the minister when the Parliament. I congratulate members of that he thought this up? On Mount Feathertop? Or was he committee for its report. I urge members of this house swishing down the side of Feathertop when he had this to support the motion, but better still, let us hear from brain wave? This minister is without any credibility; it the minister. is a complete joke. Mr BARBER (Northern Metropolitan) — Rather With respect to diverting more environmental flows than try to outdo the previous speaker on his passion or from the Thomson River, for example — just to put it his broad overview of the issue, in my contribution I into perspective for those who are interested in will see if I can add a bit of value to what he has been following the detail of this in due course — in chapter 2 saying. The motion says that we call on the Minister for at page 11 there is a nice table that sets out the Environment and Climate Change to explain why the availability of surface water in Gippsland in megalitres government has failed in these ways, and my per year. The table shows the Thomson River average temptation is to provide my own explanation, which I annual stream flows are 365 760 megalitres per year, will in fact do. but because of the enormous diversions already in place the average flows at basin outlets — which basically First, I will illustrate my own points simply by means into the Gippsland Lakes and the wetlands — reference to a very useful case study that anybody who are only 138 440 megalitres. In other words, of all the is concerned about stormwater and wastewater water captured in the Thomson River system only utilisation might like to dig into because it is by a group one-third gets to the Gippsland Lakes. We are already known as Bonacci Water, which took on the job of diverting two-thirds of the Thomson River. What does looking at integrated stormwater and wastewater
WATER: RECYCLING
4962 COUNCIL Wednesday, 14 October 2009 options for a brand new suburb in Geelong called Barwon Water was hesitant about provision of a third pipe Armstrong Creek. If you drive through Geelong, which wastewater re-use strategy. However, Barwon Water would strongly prefer to operate any third pipe wastewater re-use you generally have to do these days, and come out on system and capture the resulting income stream. There was the south side, you will see a vast new suburb that has some reluctance from Barwon Water about the financial been developed all the way off to the horizon, that is the merits of alternative water treatment measures. Armstrong Creek area. I think that starts to illustrate where some of the real The Bonacci Group, in looking at the future growth of resistance to these sorts of projects has come from. The that area on behalf of the council, investigated a number report goes on to note that state government legislation of options to reduce water usage for that suburb by would allow a whole range of different models and managing water supplies — stormwater, wastewater would not necessarily require any change. and so forth — within the suburb in order to reduce water consumption. It looked at options of wastewater Option 1 in the study was the base case, the re-use from a wastewater treatment plant business-as-usual case with potable mains water being 12.5 kilometres away, or wastewater treatment plants the sole source of supply. The study then went through within the Armstrong Creek development to supply options 2 to 6 looking at rainwater tanks, water water for toilet flushing, gardening or open space sensitive urban design and finally wastewater re-use. It irrigation. It looked at rainwater tanks, water-sensitive then added in water-efficient appliances and gardens urban design and water-efficient appliances and followed by rainwater tank plus efficient appliances, gardens. It came up with a number of options. and for a later option, water-efficient gardens. Option 7 brought in the whole cycle and looked at the use of Interestingly, in order to determine which were the treated effluent as well. lowest cost investments, it used the cost of desalinated water as its benchmark, which is totally appropriate Interestingly, under the different scenarios the because in looking at something like this you should business-as-usual option had water demand up around look at the next most expensive option as your marginal 23 megalitres per day. The scenarios that did not cost. It is also noted that the energy used in desalination involve wastewater re-use reduced that to anything plants is, by proxy, also relevant to the energy costs of below 20 megalitres down to about 13 megalitres per supplying potable water to Armstrong Creek. The day, and when they included recycled wastewater group spoke to a wide range of stakeholders to consumption was brought down to 5 megalitres per determine the overall objectives. It says the City of day. Those are significant reductions that could have Greater Geelong highlighted objectives relating to the been achieved. The study notes that by introducing control of flooding, the management of receiving water recycled wastewater a more steady availability of water quality — that is, water for the rivers — and supply was achieved and that was what achieved the aspirational targets for reduction in the use of mains benefits. In other words, the difference between the water by 70 per cent or 50 per cent under two different business-as-usual option and the do-everything-possible scenarios. option reduced water demand to that suburb by 73 per cent, which is around 7.3 gigalitres per year by my The council also wanted to ensure the infrastructure that rough calculation. That is a significant volume of water delivered the services would reduce greenhouse for the metropolitan area. emissions and have low operating and maintenance costs. In this case council had the land management The group also found that greenhouse gas emissions responsibility and wanted to achieve those things would be reduced by 15 per cent, or in the through its planning system. It noted that land do-everything option emissions would be reduced by developers were prepared to support the use of an 40 per cent. In the conclusion of this study, the group internal wastewater treatment plant and to supply that stated that: water. It was prepared to form consortia to facilitate the Armstrong Creek can be developed as a green and inviting delivery of that across all the different pockets of land. suburb free from water shortages with a minimised carbon It also thought that could be developed in advance of footprint by adopting infrastructure planning and design the development and would facilitate it. But council principles that make use of all available water sources from within the development area before relying on large external said it needed certainty and strategies that would infrastructure upgrades. minimise delay. It also claims that: The study, for which I should have given the title — ‘Responsible Water Use at the Armstrong Creek Both council and Barwon Water will need, however, to adopt Development’ — of 7 March 2008 notes that: an open-minded approach to the results arrived at from the
WATER: RECYCLING
Wednesday, 14 October 2009 COUNCIL 4963
use of the progressive and innovative analysis techniques water-sensitive communities. Social concerns, climate contained in this report … change and drought were further opportunities. What history has told us is that council had a very open In terms of what were seen as characteristics of a mind. Barwon Water absolutely did not, and it did not water-sensitive city, these included flexible, adaptive want to see anybody, let alone ordinary citizens or and diverse supply systems that are reliable, resilient, developers or third parties, getting into the water supply robust and not vulnerable — the opposite of the big, business and getting into its monopoly. Reportedly, dumb and centralised solution that we have now, which Barwon Water threw a fit and the Minister for Planning this government is only taking us further down; a range did not support the approach that the City of Greater of products spanning the potable and non-potable Geelong was heading towards. spectrum, not simply one or the other; and ecosystems By the way, the price that was used for desalinated services, which is a bit of jargon but basically means water as the base case was somewhere between $1 and green and pleasant urban spaces, including rain $2.40 per kilolitre, which was the group’s broad range gardens, wetlands, roof gardens and bio-retention of estimates. The actual number that was used was systems, all of which have amenity value as well as $1.90 per kilolitre. I believe that if that number bears their very utilitarian role. Interdependence between out, and we still do not know despite the turning of the politicians, practitioners, academics and citizens would sod for the desalination plant, then there will be a whole be a characteristic. Another feature would be for water range of investments in water that will become to be celebrated, because people have a spiritual profitable using desalinated water as the marginal cost. connection to water. There is no doubt that we have felt the lack of water. The Greens are not interested in a If members want to know more about why such brown landscape. We are interested in an efficiently excellent proposals as these have not moved forward, I delivered, low-impact, low-cost system whereby we have some views and there are a number of barriers. will have plenty of water for the things that we want. Interestingly, a report called ‘Transitioning to Water Sensitive Cities’ by the International WaterCentre, In terms of priority actions, highest on the International which comprises Monash University, the National WaterCentre’s list was to create a supportive Urban Water Governance Program and a number of institutional sectoral environment — the exact opposite other universities, was commissioned by the National of the experience of the Bonacci Group in dealing with Water Commission, the Council of Australian Barwon Water on one particular case. Governments body for water policy. A quite innovative Secondary considerations were direction, vision and workshop was held which involved a large number of leadership. It is pretty clear they have been lacking. The participants and the various barriers and issues were practical matters were seen as a lower priority. discussed. Particularly through progressing ongoing The report states that one of the major issues in implementation we can learn by doing. With certain transitioning to these water sensitive cities is having a options having more or less been blocked off or goal: if we do not have a goal, we do not get there. The dismissed by the government, we are losing that state government has set itself various goals but it has opportunity. not got there. Other issues include social and It goes somewhat further than that. The most interesting institutional perceptions; public attitudes, because they paper I have discovered in recent publications is a drive politics; and a risk-averse culture. The report discussion report by Nathan Cammerman called notes the existing institutional framework is an issue Integrated Water Resource Management and the because of fragmentation and inconsistency in Water, Energy, Climate Change Nexus. To expand on responsibility, and that comes back to the Barwon Mr Hall’s original idea, which is that we make better Water example. Funding is a further issue in looking at use of re-use water and stormwater, I would suggest our true cost and value, because the report claims currently thinking needs to go that one step further and it is not measured or brought into decision making, and understand the nexus between energy, climate change I think that is right. and water. Mr Cammerman’s scheme talks about the The opportunities identified were ageing infrastructure nexus. He talks about the embodiment and the and an opportunity to replace old technology with new, footprint, if you like, of those three factors in each and knowledge and data and education to both involve other. He talks about water use in the provision of the community and educate decision-makers. energy. He talks about energy use in the provision of Regulation, policy and planning were seen as lesser water and then refers to the greenhouse gas emissions issues. Legislation was seen as an opportunity to codify embodied in the provision of both water and energy. He
WATER: RECYCLING
4964 COUNCIL Wednesday, 14 October 2009 produces some really interesting statistics as a way of with carbon capture and storage right down to solar, illustrating the inextricably linked nature of those three photovoltaic and wind, which have virtually nil. And factors. If we are having trouble coming to grips with for those solar thermal plants there is a variety of this issue, I think it is because we are attempting to pull different water uses depending on the technology of on one thread at a time. This framework indicates that wet or dry cooling. He breaks these down into kilowatt they are inextricably linked. hours and kilolitres depending on the different types of storages. Mr Cammerman introduces the concept of ‘embodied water’ as a measure of the total water used in producing On the issue of energy use and the provision of water, a good or service in the whole production chain rather 4 per cent of all electricity consumed in the US is used than the actual water content of the final product or to deliver water and treat wastewater, with as much as service. You might call it the virtual water. That 19 per cent recorded in California — that is the next concept was initially developed in the 1990s and has part of the nexus. In Australia’s greenhouse gas recently been revived. It was used to talk about the accounts, Mr Cammerman notes that 3 per cent of advantage of water-scarce nations trading with other emissions are from so-called waste, but within that nations rather than attempting to produce more goods category around 13 per cent of the 3 per cent is locally. It also introduced at that time the concept of the wastewater handling. He even breaks it down for us at water footprint, being the cumulative virtual water of all the household level. goods and services consumed by one individual or one country. In conclusion, we need to be quite clear in seeing where it is that we might be going with this issue, and we need Mr Cammerman gives us some quite startling statistics to be quite clear in our planning policies that there is a on water use in the provision of energy. It is not just in nexus between water, energy and climate change. electric power stations or coal-fired, steam-driven Without a true understanding of all those different power stations, which you might think, but also in the interactions we will most likely continue to fail to move oil and gas exploration — water used for drilling, towards sustainability — or worse, we will rule out completion and fracturing and the large volume of certain options based on a crude analysis of the contaminated or saline water that might be produced in differing costs, which I believe is exactly what has those processes. It is coal bed methane extraction where happened with recent state government policy. large volumes of water are pumped from the saturated coal in order to get the methane out, which can cause Mrs PETROVICH (Northern Victoria) — I rise aquifer draw-down. with some pleasure to speak on this motion. It had been a long time coming back to this chamber, and I All sorts of coal and uranium and other mining congratulate Mr Hall on the reintroduction of this issue. activities generate large quantities of water as a result of It is an issue I have taken a personal interest in and dewatering; electrical power station generation, followed closely through my work on the Environment including geothermal and certainly hydro-electric, and Natural Resources Committee. Today’s Herald Sun where the reservoirs themselves can lose large has an article headed ‘Down the gurgler’. It talks about quantities from evaporation; refining and processing of the amount of water that is being wasted — that is minerals; the production of biofuels; carbon capture and flowing out to sea — because of a lack of planning and storage; energy pipelines, which need hydrostatic lack of infrastructure in metropolitan Melbourne. The testing; and coal slurry pipelines. The use of coal slurry article states: pipelines was the proposal we were talking about at question time today — the water needed for slurry Enough water to supply Melbourne’s needs for a month has been lost because of the Brumby government’s failure to live transport which cannot then be turned around and sent up to its own waterwise campaign. back to where the slurry first came from, especially if it is 150 kilometres from the Latrobe Valley to the port of The article states that the 30 billion litres of water lost Hastings. Mr Cammerman also considered tanker would: transport and other forms of slurry mining such as oil and gas storage caverns. water our city parks for 60 years … Mrs Peulich — And sporting grounds. He noted that the degree of water used in the generation of electricity can vary significantly according to the Mrs PETROVICH — And sporting grounds, primary energy source, particularly the primary method Mrs Peulich. The water would also: of cooling. He gives us a chart where he looks at anything from 1400 gallons per megawatt hour for coal supply Melbourne’s water needs for a month …
WATER: RECYCLING
Wednesday, 14 October 2009 COUNCIL 4965
irrigate 24 000 hectares of farmland … I will tell Mr Pakula a story, as it might be educative. Melbourne was predicted to grow according to Labor’s and — Melbourne 2030 figures — which incidentally fill 12 000 Olympic-sized pools. underestimated by 1 million people — — It is a sad indictment of the government that a lack of Mrs Peulich — Just a few dots. planning and understanding has allowed that amount of water to be wasted. Mrs PETROVICH — Just a few dots, just a sneeze, Mrs Peulich. People in my electorate of Northern Victoria Region are in dire straits and have been for what I have heard I will say that water authorities did little to make any today is 13 years — I thought it was 10 years, but once improvements to infrastructure throughout the 10 years this government gets hold of a tag it hangs on like of drought. The government and Melbourne Water did nobody’s business. It took a little while for it to figure little but kneel and pray for rain until November 2005, out that we were going through a drought, but since it when the former Premier, Steve Bracks — I was with has been cognisant of that it has inflated the length of him in Warracknabeal on the day — figured out what time we have been suffering. drought meant: that there was no water, that crops were failing and channels were dry. The revelation was that The article continues: he had failed the state he was charged with managing. At that stage the state had been in drought for six years, About 30 billion litres flowed down the Yarra River and but even then there was little cognisance in overflowed from O’Shannassy Reservoir before it could be pumped to Sugarloaf Reservoir because the pump — metropolitan Melbourne that it was on the brink of running out of its supply of potable water. into Sugarloaf Reservoir has not been made ready. We have lost 1 billion litres of water a day as a result of The Liberal Party had done the work coming up to the that. That is a sad indictment of the government. election and had policies around piping water to Bendigo through the Erskine pipeline. That policy was I will elaborate further. I represent Northern Victoria derided on its announcement but adopted shortly after Region, which I would say has been through 10 years by the Labor government, which also had a bit of a of drought. The people of Northern Victoria are used to giggle about the desalination plant that was part of our working sustainability with its water supply to produce policy. Of course our policy was for a modest food and fibre for export and to feed Victorians. They desalination plant that would not have the sort of have had the impost of the government’s planned carbon footprint or impact on marine life of the north–south pipeline, which is doomed to failure. It is proposed Wonthaggi desalination plant, which is three predicted to carry 75 billion litres of water to Sugarloaf times the size of any such facility in the Southern Reservoir to supply Melbourne’s water. One can only Hemisphere, I might add — and I have done my imagine the distress that members of my community research. are feeling as a result of today’s headlines. They have been trying to warn this government — — The government was so hell-bent on putting a spin on climate change and environmental protection that it Hon. M. P. Pakula — You guys created the missed the point that in reality we had a drought. It had headlines. little idea of the intensity of the drought and the fact that Melbourne was at great risk of running out of potable Mrs PETROVICH — We have not created the water supply. As I said to Mr Pakula earlier, maybe headlines, Mr Pakula; you need to get out more. I will members of the government should get out of Spring take you for a drive in Northern Victoria Region and Street and their advisers’ offices and see what is going show you the distress and heartfelt devastation those on out there. When the penny finally dropped that people have been through. I would love to go for a Melbourne and the rest of Victoria were dangerously drive. short of potable water, they bustled around and picked up policies from here, there and everywhere, including Mrs Peulich — Don’t take him for a drive; we have the Liberal Party — and that policy was not bad, I been taken for a ride. might add. They pinched Queensland’s water campaign Mrs PETROVICH — We have been taken for a model, Target 140. ride; Mr Pakula’s water minister has taken people for a Because of the lack of understanding and planning the ride. government proposed ridiculous solutions to
LOCAL GOVERNMENT (BRIMBANK CITY COUNCIL) BILL
4966 COUNCIL Wednesday, 14 October 2009
Melbourne’s water shortage, such as the north–south barriers — this is the disappointing part — are the cost pipeline — never mind that country Victoria was and the planning and policy environments within local, running out of water. The reality is that there are very state and federal settings. There is a lack of vision. few Labor votes in country Victoria, so Labor did not care. I have spoken about the desalination plant, which If we were fair dinkum about making Melbourne a is just a ridiculous project. It is predicted to supply completely sustainable city, we would be catching Melbourne with large amounts of water, but the stormwater and rainwater and recycling wastewater for environmental impact of that and the lack of industrial and commercial use. Situations like that at consultation with that community is extraordinary. Gunnamatta, where thousands of litres of poorly treated sewage water is pumped into our marine environment, I have done a bit of work on this through my committee would not exist. That water could be recycled — it was work, as have other members of this house, on the going to be recycled, but that plan has been pulled — Environment and Natural Resources Committee. One and it could certainly have industrial and commercial of the frightening things in the findings of the usage. We see rooftops across Melbourne which do not committee was the amount of work that had not been have the capacity to catch rainwater. To the best of my done on issues around water recycling, the capturing of knowledge, the Southern Cross station has a fantastic, stormwater, the capturing of rainwater and looking at enormous catchment area, with a beautiful rippled truly developing Melbourne into a sustainable city. It roof — and no tanks. has that potential. Melbourne’s water supply is heavily reliant on rainfall and a system of rivers and reservoirs. If this government would stop its spin long enough to look at the realities, it could make Melbourne a truly Melbourne Water’s leading witness at one of the sustainable city. It needs to look at all of the suite of committee hearings, when asked by me, ‘What would solutions. So far the Brumby and Bracks governments have happened if you had not built the Thomson?’, said and Tim Holding, the Minister for Water, have failed that we would be in an awful lot of trouble now. We the state of Victoria. We have now had a bit of a respite have an additional problem around the whole issue of with some rainfall, but it is not time to rest on your water catchments — that is, with dams and their laurels and withdraw water restrictions; it is time to do appropriateness. Without the vision to expand your some real work. I will finish on that note. supply of water through a variety of measures it is inevitable that a growing metropolitan city will run out Debate adjourned on motion of Mr LEANE of water. (Eastern Metropolitan).
We have seen changes in rainfall and run-off patterns, Debate adjourned until Wednesday, 21 October. population growth, climate change and a pretty significant drought. It looks pretty much as if there is a potential shortfall of 210 billion litres for Melbourne. LOCAL GOVERNMENT (BRIMBANK CITY There are ways around that. Between 400 and COUNCIL) BILL 550 gigalitres of stormwater runs off Melbourne’s urban catchment annually. This is a similar or greater Introduction and first reading volume than the total annual mains water used in the Received from Assembly. city. The water that runs out to Port Phillip Bay, untreated — which is a pollution problem for the Read first time for Hon. J. M. MADDEN (Minister bay — could be captured, treated and used in a variety for Planning) on motion of Mr Pakula. of ways, enhancing the potable water used in Melbourne. Sitting suspended 6.32 p.m. until 8.07 p.m. I am disappointed to see the immediate removal of water restrictions. At the moment we have significant BUSINESS OF THE HOUSE rains and across the state we are seeing stage 4 water restrictions going back to stage 1, which is Notices of motion and orders of the day extraordinarily premature and short-sighted. Mr VINEY (Eastern Victoria) — I move: Harvesting stormwater has a number of benefits, including reducing the impact of excess stormwater, That the consideration of notices of motion, government which is actually a pollutant, and assisting with flood business, and order of the day, government business no. 1, be attenuation — and it is not wasting that water. One of postponed until the next day of meeting. the main barriers to taking up stormwater harvesting in Motion agreed to. Melbourne was proved to be not technical. The
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4967
ENERGY AND RESOURCES supply equipment prescribed unless the equipment has LEGISLATION AMENDMENT BILL been registered and labelled in accordance with the regulations relating to complex electrical installations. Second reading Clause 10 provides that the owner or operator of a complex electrical installation must take reasonable Debate resumed from 3 September; motion of care to ensure that the owner or the operator complies Mr LENDERS (Treasurer). with the applicable regulations and with the general safety obligation contained in the new section. Mr HALL (Eastern Victoria) — I am pleased to make some comments tonight on the Energy and These are fairly common-sense sorts of measures. The Resources Legislation Amendment Bill on behalf of the only doubt the coalition has is about the regulations Liberal-Nationals coalition. I indicate at the outset that referred to, which have not yet been formulated. I we will be supporting this piece of legislation. It makes suppose to some extent we take the government on trust amendments to nine acts of Parliament but makes that the regulations will be fair and reasonable and that major amendments to two of the acts, they being the retailers will be able to comply with those regulations. Mineral Resources (Sustainable Development) Act 1990 and the Resources Industry Legislation Clauses 13 to 16 contain amendments to the Electricity Amendment Act 2009. Safety Amendment Act 2007. They are largely consequential on the amendments in clauses 4 to 12. Before I get to those substantial amendments I thought Amendments to the Gas Safety Act 1997 are contained it might be appropriate to deal firstly with the in clauses 19 to 22. What they relate to in large part is amendments to the other seven acts, which are more approved labelling of gas appliances. These are sensible minor in nature. The first two acts I want to very briefly provisions. The labelling of both electrical and gas speak about are the Electricity Industry Act 2000 and appliances is helpful to consumers. If any members or the Gas Industry Act 2001. The first of those acts, the their constituents are in the business of buying new Electricity Industry Act, has an amendment outlined in electrical or gas appliances, they will be aware that one clause 3; and the Gas Industry Act has an amendment of the first things to be examined is the efficiency and outlined in clause 17. Both clauses essentially do the safety ratings of the appliances. My understanding of same thing — that is, enable retailers to notify the amendments to the Gas Safety Act is that they are in customers of changes to standing offers prior to the large part to do with the requirement that there be clear issue of the next bill, rather than being required to give labelling of the safety and efficiency of gas appliances, notice together with the next bill. and those provisions are most welcome.
A standing offer is a default offer that is offered to The other section of the bill I want to speak about consumers of electricity or gas. In the absence of any quickly contains the amendments to the Petroleum Act special contract arrangements, the standing offer is the 1998, as contained in clauses 35 to 41 of the bill. Those one which utility companies offer to customers. amendments largely create a special authorisation to Previously customers were notified of any changes at enable a petroleum licence-holder, leaseholder or the time of the next bill, but the amendments to those permit-holder to access their area from adjacent land in two acts will enable retailers to notify customers of onshore Victoria by way of directional drilling. My changes to the standing offer prior to the distribution of colleague Mr Vogels has a particular interest in this the customer accounts, so they are fairly matter. This concept is welcome. straightforward amendments. There are times when directional drilling is the The amendments to the Electricity Safety Act 1998 are preferred method of accessing a resource that is contained in clauses 4 to 12 of the bill. Essentially there underground. The ability to extract a resource are a number of definitional changes in those underground, for example, in a national park or a provisions. They relate, if I may refer to the explanatory marine national park, and the ability to access that by memorandum, to complex electrical installations and directional drilling circumvents the need to disturb the energy efficiency electrical equipment, and there are a surface area of that land or that marine national park. few other concepts that have their definitions given or Directional drilling is an important concept that enables definitions changed by clauses 4 to 12. one to access natural resources without disturbing the surface area directly above the place of that natural Some of those clauses relate to the use of complex resource. So those amendments to the Petroleum Act electrical installation devices. For example, clause 7 are most welcome. provides that a person must not supply or offer to
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
4968 COUNCIL Wednesday, 14 October 2009
I said at the outset that the substantial amendments The regulations are to be developed, but if a mine or a made to this bill are to the Mineral Resources quarry is declared, there are certain reporting (Sustainable Development) Act 1990 and the Resources obligations on the owner of that particular facility. Industry Legislation Amendment Act 2009. Some of these amendments are a result of the inquiry undertaken Clause 25 on page 18 of the bill introduces a mine by the mining warden into regard to the Yallourn mine stability levy, the purpose of which is described on batter failure inquiry, to which I will refer shortly. page 2 of the circulated second-reading speech. Without quoting it directly, I recall that the mine As a result of that inquiry the bill contains some stability levy will be put towards the cost of significant amendments to the Resources Industry establishing a geotechnical committee, which will Legislation Amendment Act 2009. They relate firstly to undertake some research, monitoring and risk what are now being defined as reportable events. The management functions for mines and quarries. That second-reading speech will tell readers that what is industry levy will be used in part to fund the operations meant by a reportable event is, for example, an event of that specialised geotechnical board. that presents a risk to the geotechnical stability of a mine or quarry. At this point it is probably appropriate to go back to one of the main reasons why we have this legislation before Pursuant to the amendments made by the bill, if there is the house. It relates to the collapse of the Yallourn mine a reportable event, the owner or operator of that facility batter, which occurred on 14 November 2007. This was will be required by law to report to the department that a particularly important issue for mines in the Latrobe there is an event which presents a risk to the Valley. I can well recall the extent of the damage geotechnical stability of that mine or quarry. The caused when the batter of the Yallourn open cut failed operator is then required to meet certain obligations. and, as a consequence, the Latrobe River tipped directly For example, they are required to provide detailed into the open-cut area of the Yallourn mine, with information about that reportable event to the mining catastrophic implications. Fortunately there was no life warden. There are also terms like ‘declaring a mine’ lost on that occasion, but certainly there was a lot of and ‘a declared quarry’ in clause 24 on page 17 of the equipment damage, and the ability of the Yallourn mine bill. to supply coal to the Yallourn power stations was severely limited over that period of time. Clause 24 inserts new section 7C, which states: I will quote from the report of the warden on this (1) The Minister, by Order published in the Government particular inquiry, which is housed in the parliamentary Gazette, may declare that a specified mine or quarry is a declared mine or declared quarry. library for any members with an interest:
(2) The Minister must not make a declaration under The failure occurred between 1.30 a.m. and 2.10 a.m. on subsection (1) in respect of a mine or quarry unless the 14 November 2007. The failure is located on the north-east Minister is satisfied that there are geotechnical or batter … of the Yallourn east field mine … The north-east hydrogeological factors within the mine or quarry that batter was in the process of final completion when the failure pose a significant risk to — occurred. The failure was very large, it encompassed about 6 million cubic metres of material, was 500 metres long and (a) public safety; or occurred on a slope that was approximately 80 metres high.
(b) the environment; or The failure occurred by a mechanism called block sliding, where a large block of coal slid horizontally across the mine (c) infrastructure. floor. The failure extended as far back as the Latrobe River, which was completely diverted into the mine by the failure. If you look at some of the provisions with respect to a This was a consequence of some heavy rains in the area declared mine or quarry which evolved from that, you just prior to the collapse of the batter. It resulted, in a see on page 20 that there are reporting requirements for peak period of time, in up to 500 litres of water per declared mines. second pouring into the mine. The Latrobe River ran Clause 27 inserts new section 41AB, which states: relatively close to the edge of that batter. It was close because, as those who know the area would know, the A holder of a licence in respect of a declared mine must Latrobe River has been diverted on a number of provide a report containing the prescribed particulars to the occasions to accommodate open-cut mining in the area. Department Head in accordance with the regulations. It has been diverted around the Morwell open-cut mine and the Yallourn open-cut mine at various times to allow for the extraction of coal from those facilities.
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4969
Essentially what has happened is that the seepage adequately and widely canvassed by other speakers in gradually increased over time because of greater water debate both here and in the other place. I do not propose pressure and volumes of water going down the Latrobe to belabour those in the interests of the house going on River in consequence of local heavy rainfall. The and doing some more legislating tonight. The Greens pressure ultimately caused a slide of coal across the will support the bill. mine floor and eventually it opened to allow the Latrobe River to tip directly into that section of the Mr LEANE (Eastern Metropolitan) — Mr Hall Yallourn open cut. As I said, luckily there were no lives covered the objectives of this bill quite lost in that event, but certainly significant damage was comprehensively, and I do not intend to reiterate them. done. This bill in part implements the state government’s response to the Mining Warden — Yallourn Mine The mining warden led an investigation into that Batter Failure Inquiry, which Mr Hall mentioned. It particular incident, and made a number of could have been a great environmental catastrophe. recommendations. The recommendations of the report Members would remember that on 14 November of the include the following: year before last the northern wall of the brown coal mine gave way and thousands of litres of water from Given the complexity and scale of the technical issues, the Latrobe River spilled into it. Luckily no-one was effective regulation of the current and future mining is difficult. It is recommended that the government instigates the injured, but the collapse disrupted energy supplies, and establishment of a technical review board that undertakes it was a big environmental issue relating to the Latrobe annual or biannual reviews of all the mining operations and River. their potential impacts. As a result of that, this legislation will require operators It is further recommended that DPI review the mining licence notification conditions. of all mines and quarries to notify the Department of Primary Industries of reportable events and, if As a result of one of those recommendations this requested, to report on those events. Further to what a legislation establishes that geotechnical committee previous speaker said, reportable events are events such which will provide some expert advice. It will review as explosions, outbreaks of fire, failure of slope stability critical geotechnical issues and monitor data as well as control measures, damage to infrastructure that presents monitoring the procedures and risk management a significant risk to safety, the uncontrolled outburst of functions of mines and quarries. As I said, the levy that gas and the unexpected or abnormal inrush of fluid, is structured within this piece of legislation will assist in surface water or groundwater. It is important when we terms of funding the work of that committee. How have these particular incidents that we learn from them much that levy will be and therefore what will be the and put in place controls that will hopefully prevent liability of the mining companies in the Latrobe Valley them from happening again. are yet to be determined, but it will be a significant amount. Therefore this is an issue that will be of Mr O’DONOHUE (Eastern Victoria) — As concern and interest to those who operate coalmining Mr Hall accurately outlined, the bill before us amends facilities in the Latrobe Valley. nine acts and is primarily related to safety measures. It follows an unfortunate incident in the Latrobe Valley. They are the issues and the amendments which are The introduction of additional regulation versus the contained in this piece of legislation. We share some wish of businesses and others to operate in a smooth unknowns and uncertainties about this legislation. environment can be a difficult balance to achieve. The Regulations are yet to be developed and the amount of coalition, as Mr Hall has said, believes that balance is the mine levy is yet to be known. Nevertheless we think struck by this bill. We support the concept of a the direction of this piece of legislation is appropriate. reportable event which is introduced in clause 34. That On those grounds the Liberal-Nationals coalition is provision in effect introduces the mandatory reporting prepared to give its support to this piece of legislation of an explosion, a risk to safety or a risk to the going through the Parliament tonight. geotechnical stability of a mine or a quarry.
Mr BARBER (Northern Metropolitan) — A We have a concern about the introduction of the mine number of various serious issues are being dealt with in stability levy given the quantum of this levy has not this bill. There are the issues of mine safety, community been detailed and is as yet unknown. Therefore a safety, household safety and energy efficiency, not to degree of trust is required that the government will not mention the environmental scandal of a major river raise a levy that is more than is required to fund what falling out of its bed and into a mine, with resulting this bill contemplates. On that basis, the coalition environmental damage. I believe those issues have been wishes this bill a speedy passage through the house.
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
4970 COUNCIL Wednesday, 14 October 2009
Mr ELASMAR (Northern Metropolitan) — This installed. The gas label will demonstrate compliance bill further demonstrates the Brumby Labor with an approved safety accreditation scheme and will government’s commitment to ensuring an efficient and be common to all jurisdictions in Australia and New secure energy system, together with the dependable and Zealand. reliable delivery of energy services to all Victorians. In addition, the bill will deliver on the government’s The bill repeals redundant provisions and makes other commitment to improved public safety, safety of minor and statute law revisions of an administrative and infrastructure and protection of the environment in technical nature. It also requires extractive industry relation to mining, quarry and petroleum operations. work authority holders to submit certain operational information when requested by the secretary of the The amendments require the holder of a mining licence department. or an extractive industry work authority to notify the chief inspector of a reportable event — for example, an The Brumby Labor government takes very seriously its event that presents a risk to the geotechnical stability of responsibilities and obligations to the energy consumers that mine or quarry. The bill enables the chief inspector of Victoria, and by presenting this amendment bill it to request a detailed report of a reportable event. The ensures all aspects of safety applications will apply. I bill also enables the Minister for Energy and Resources commend the bill to the house. to declare certain mines or quarries which present a significant risk to public safety, the environment or Mr P. DAVIS (Eastern Victoria) — I am pleased to infrastructure. If a mine or quarry is declared, its have the opportunity to speak on the Energy and operator will be required to prepare and implement a Resources Legislation Amendment Bill 2009. I do not mine stability plan and may be required to undertake intend to recite the provisions of the bill, as some other certain geotechnical monitoring processes. speakers have chosen to do. What I intend to do is talk about the importance of the resources industries. Importantly, the bill amends the Mineral Resources (Sustainable Development) Act 1990 to logically and This bill, being an omnibus bill dealing with a series of systematically support the implementation of the amendments to a number of related acts concerning the government’s response to the mining warden’s energy and resources industries, touches briefly on a Yallourn mine batter failure inquiry report. The number of matters. Quite clearly the amendments to the Brumby Labor government is committed to principal acts that this bill deals with are very establishing a technical review board which will review significant to the area of Victoria which I represent. critical geotechnical issues and monitor data, There is no other part of Victoria which contributes so procedures and risk management functions of mines much or is so dependent upon the earth resources — and quarries in response to the mining warden’s report. and by the earth resources I mean oil, gas, coal and gold Industry will definitely benefit from the technical and other precious metals. Having said that, the very review board, and the bill establishes an industry levy significant contribution the earth resources make to the to partly fund the costs of the board. rural and regional economies of the whole of the state should not be understated. This includes the latter-day The bill also amends the Petroleum Act 1998 to create a development of gas fields in the Otway Basin and the new special drilling authorisation. This special drilling emerging mineral sands industry in western Victoria, authorisation will enable the holder of a petroleum and of course we have the historic base of gold licence, lease or permit under either the Petroleum Act statewide, with particular focus on Bendigo and 1998 or the Petroleum (Submerged Lands) Act 1982 to Ballarat, and in recent years particularly Stawell. access their licence, lease or permit area from an adjoining piece of land in onshore Victoria by way of However, I want to touch briefly on a broader policy directional drilling from the land adjoining the area. issue which has been given some prominence in the This amendment will reduce the impact on media today, and that is the notion that Victoria’s coal environmentally sensitive areas and has the potential to resources should be better utilised. In other words, deliver cost savings to industry. The special drilling depending on your perspective and projection, given authorisation will be subject to the existing approvals, that the brown coal resource of the Latrobe Valley is a planning, Aboriginal heritage and environment world-class resource, estimated to be the second largest protection and rehabilitation frameworks in the act. resource of lignite in the world, and given that Victoria is unique in the sense of developing that resource, we The bill amends the Gas Safety Act 1997 to require that have barely touched the surface. a label be affixed to type A gas appliances before they can be supplied, sold or offered for supply or sale, or
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4971
Having said that, when uninformed people visit the because it is proposed that that brown coal be dried. Latrobe Valley and have a look at the large coalmines Indeed, there would be potentially up to a 60 per cent they are overwhelmed by the size of the pits, but the reduction in the moisture content of the coal before it is truth is that they are simply a small proportion of the handled, and that potentially could lead to a 30 per cent resource that remains, and on present utilisation it is reduction in emissions. estimated that the known resources of lignite will be available for between another 500 and 1000 years of That is a good news story, and one which people who forecast estimated usage. For that reasonable and very claim to be fierce advocates of defending the good reason there are interested parties looking at environment should applaud because it is, after all, the opportunities to utilise the residual resource that is harshest criticism of the brown coal industry that it unallocated, and there is a vast amount of resource contributes disproportionately to so-called greenhouse unallocated presently. gases — a debate for another time perhaps, but one which I have some difficulty accepting entirely. I have been interested in the commentary today by various parties who see themselves as the archangels of There is no doubt that the relationship between the the protection of the environment. Immediately after it moisture content of brown coal and emissions is very was revealed that there was even some consideration of clear, and a lot of work is going on to produce dried prospective further commercial utilisation of brown coal. I do not want to labour this point for too long, but coal — regardless of the work that may be undertaken I want to highlight the hypocrisy of what some people in more contemporary technology which would mean have to say about these issues. It seems to me that there that the coal itself was dried before combustion in a is no difference as a matter of principle between what way that has not been done traditionally and would has been flagged in the media this day about the better therefore have a significant impact on emissions — the utilisation of brown coal and the arguments about, for knee-jerk reaction by the self-appointed protectors of example, Australia exporting uranium to the world. We, the environment was to say that this should not occur. I after all, hold 40 per cent of the world’s uranium want to deal with that. reserves, yet we in Australia prohibit, both at a state and federal level, the development of a nuclear power There is clearly a need for First World countries, which industry here. have infinite resources, to play their role in the economic development and opportunities for improved For reasons which I do not understand, the same quality of life of people who live in countries which are policy-makers who are opposed to Australia’s domestic less fortunate than ours in terms of the abundance of nuclear industry are quite happy for Australia to export resources, particularly relative to population. So it uranium to the world so that other countries can seems to me natural that any opportunity to better develop their own nuclear power industries. I find that utilise the resources that we have is sensible. My own incredibly inconsistent and hypocritical, just as I have view is that we need to carefully conserve the resources the view that proposing a prohibition on the export of we have because it is easy to overestimate the resource Latrobe Valley’s brown coal, even if it is in a form that is available. which would be significantly more environmentally attractive, if you like, because of the lower moisture There is a misconception about the volume of natural content, is an inconsistent position. gas which is available. I often hear people say, ‘Why don’t we stop generating electricity from coal and better Therefore I have a problem with what I have seen in the utilise natural gas to do that?’. I can assure honourable media today, and indeed with the representations that members that if we utilised natural gas for generating have already been made to me by Environment the state’s electricity requirements we would not have Victoria. I am much more sympathetic to public policy natural gas heating our homes or running our factories advocates — that is, lobbyists — when they have for very much longer, whereas the infinite resource of policy consistency. I would urge Environment Victoria brown coal can supply the needs of the electricity to think deeply about this issue and try to strike a more industry for the time being and well into the future as consistent argument before further representations are well as potentially being available, as has been made widely on this subject to the community and to proposed by some speculative reporting, for export. members of Parliament.
I think that is a fine thing, particularly given that I The resources of Gippsland and of the Gippsland understand the export proposal afoot will effectively basin — the oil and gas fields and the Latrobe Valley allow a significant reduction in the emissions produced coalfields — are a vital component of Victoria’s from burning brown coal for any fuel source simply economy, providing in the order of 90 per cent of the
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
4972 COUNCIL Wednesday, 14 October 2009 state’s energy requirements. All members of this place According to advice from our shadow Minister for need to have regard for the importance of a proper Energy and Resources, the member for Box Hill in the regulatory system for the exploration, development and Assembly, the government believes that the levy will utilisation of all of those resources. I therefore will not raise $1.25 million to cover some of the extra costs of oppose the passage of this bill. between $1.5 million and $2.5 million for the regulation of the Latrobe Valley coalmines. We are led Mr DALLA-RIVA (Eastern Metropolitan) — I am to believe that money will cover the technical review also pleased to rise to contribute briefly to debate on the board costs, the cost of extra research and development Energy and Resources Legislation Amendment Bill. I at Monash University and the cost of extra staff for the do so in my role as shadow minister for industry and chief inspector. We note that, with other charges state development. It is important to recognise the already imposed by regulations, the regulations are contribution that these industries make to society and to subject to disallowance by either house, but obviously Victoria in terms of assisting in jobs creation. They that is not something that often comes before the provide energy to consumers and to industry generally Parliament. across the sector. Clause 25 sets out the issues that I have just raised There are quite a substantial number of changes to about the extra cost of regulation of the Latrobe Valley 10 pieces of legislation: the Electricity Industry Act, the coal mines. It inserts a new division 9 into part 2 of the Electricity Safety Act, the Electricity Safety Mineral Resources (Sustainable Development) Act. Amendment Act, the Gas Industry Act, the Gas Safety These levies are described in the proposed Act, the Mineral Resources (Sustainable Development) new 38AAB, which states: Act, the Resources Industry Legislation Amendment Act, the Petroleum Act and the Aboriginal Heritage This Division imposes a levy … for the purpose of providing Act. Because the bill deals with so many acts it has measures designed to decrease geotechnical and hydrogeological risks to mine stability in the Latrobe Valley been divided into 10 parts. The first part relates to the region coal mines. preliminary provisions and part 10 relates to consequential amendments to the Aboriginal Heritage A couple of years ago a mine collapsed. Making Act and the Electricity Safety Act so two acts are provision for such an event is, I gather, the intention of amended in part 10. this bill. This flows into clause 26, which provides for work plans and the licensing of those areas. The bill makes a range of amendments to safety laws regarding mining, quarrying, gas and electricity with Clause 27 inserts a new section 41AB into the Mineral the aim of improving mining area work plan laws and Resources (Sustainable Development) Act relating to providing for directional drilling into petroleum the reporting requirements for declared mines. It states: tenements from adjacent land. There are many issues in relation to this bill and some stand out. In particular, in A holder of a licence in respect of a declared mine — part 7, relating to the amendment of the Mineral And, as I said, we are not sure how a declared mine will Resources (Sustainable Development) Act, clause 24 be determined by the government — inserts after section 7B of that act a provision for a ministerial order declaring specified mines and must provide a report containing the prescribed particulars to quarries. the Department Head in accordance with the regulations.
I know from representations from the quarrying We note there is a chief inspector who is to be notified industry and the mining sector that one of the concerns of reportable events in relation to mines. That will is the continued increase in regulatory burden on these codify issues that perhaps would ordinarily be reported industries. I am concerned about the fact that the in the course of certain events that may occur. I do not amount of the mine stability levy, which is declared see any particular issue with it, although obviously within that constraint, is not specified in the bill but will codifying all these things eventually imposes a be set by regulation. We know the government is very regulatory burden and cost on the industry. As I said good at setting things by regulation. Every year at the earlier, the quarrying industry and others have turn of the calendar year we see the government impose expressed their concern about the increase in regulatory increases in charges, fees and levies, and this will be no impost by this government during its term in office in exception. I gather that once it goes into the mix, given the last 10 years, and it is not just simply the imposition that it is set by regulation, it is established. of a levy and another set of rules and regulations.
ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4973
In terms of other parts of the bill, we are unclear about about some of the issues and the regulatory oversight how many mines the minister intends to declare, and that is being imposed. there will be a big increase in the compliance costs for declared mines. The industry says it will be a big Another levy that is being imposed will have a increase and an unnecessary cost burden. As I said, it is consequential increase every calendar year as outlined a very prescriptive approach following modern by the government in its secret approach. No longer outcomes for focused regulation. will those increases be referred to Parliament. Such increases will be imposed on the community without The government set an agenda during the last election, recourse except at the ballot box. We no longer debate and certainly the election before that, when it indicated in the chamber whether there will be fees or increases strongly that it would be focusing on the reduction of in registration and the like. We are seeing yet another red tape, but what we see is piece after piece of process imposed. legislation imposing more and more red tape. This is yet another example of codifying and providing a very Mr Koch — It just comes in the mail box. prescriptive approach to how and when mines will be dealt with during the course of their productive lives. Mr DALLA-RIVA — As Mr Koch says, it just comes in the mail box and people are expected to pay Amendments to the Petroleum Act are also of concern it. in terms of part 9, from clauses 35 to 41. The issue there is about the special drilling authorisations for Two further provisions in clause 3 in part 2 and directional drilling which only apply to petroleum clause 17 in part 5 codify some of the processes under licences or leases. We understand it does not apply to the Electricity Industry Act and the Gas Industry Act geosequestration and other means. respectively, and enable retailers to notify customers of changes to standing offers prior to the issue of the next Ms Pennicuik — It is mythological. invoice rather than being required to give notice together with the next invoice. It remains to be seen if it Mr DALLA-RIVA — Geosequestration is will reduce the cost to the industries of such mythological, according to Ms Pennicuik. It will not notifications and if consumers will be happy to be apply to that particular activity, and I will not attempt to bombarded with additional literature. Retailers may say it again at this time of the night. Needless to say, we find that they are distributing material more than once are concerned that it only applies to petroleum licences, in a month or whenever the cycle of the invoicing and again there are prescriptive requirements in terms occurs, depending upon the customer’s selection of the processes, as outlined in part 9, the applications process. under proposed clause 95B, the general criteria under clause 95C, the criteria to apply for licence under clause Amendments to the Electricity Safety Act under parts 3 95D and so on. and 4 and to the Gas Safety Act under part 6 may lead to improvements. I hope it is not about putting another As members will see, what is proposed is prescriptive layer on the system so that the industries are forced to and directional — no pun intended. It is very process set up a new bureaucracy to try to deal with what driven with a sting in the tail on page 33 of the bill appear to be simple amendments to those acts. Both under clause 95K(5), which is the imposition of a amendments relate to labelling requirements for penalty of 60 units for non-compliance with the equipment and appliances. The issue will be whether obligations under that clause. this is about protecting certain sectors such as plumbers in the gas industry who may be seeking to be protected The provisions of this bill are essentially what you or whether it is about a genuine concern for consumers. would expect from Labor. It is a codification of We will just have to wait and see. procedures and processes through a legislative process rather than through a standard approach. It is interesting The burdens imposed upon those industries through the that the government continues to codify industry, at the process may result in additional costs. If they are same time saying it is going to reduce the regulatory designed to fulfil safety obligations, that may be good. burdens on industry. There are a whole range of If they are designed to place pressure on the industries outlined in this bill that will be affected: the industries — and I hope that is not the case — that will electricity industry, the gas industry, the mineral not be good for consumers. I hope the changes to resources industry, and the petroleum industry. Those process in the industries are for the benefit of particular industries have expressed some concern consumers and that they will assist the industries.
BUSINESS OF THE HOUSE
4974 COUNCIL Wednesday, 14 October 2009
While I give the bill some measured support and am not do so because of the process of formulating this opposing it, there are some overarching concerns that legislation, the lack of consultation with the key present themselves. I hope I have presented them in a stakeholders and the failure of the government initially process-driven way, which is essentially what the bill is to allow the Scrutiny of Acts and Regulations about. I implore the government to ensure these types Committee (SARC) to undertake its scrutiny work. of legislation do not slip under the radar and impose an Being forced to bring the bill back to this chamber to extra burden on industry. In the end, if industry wears expose what was quite an unacceptable manipulation of the cost, then by default the consumer will wear the committee processes to shut down inquiry and allow cost of what is essentially codifying some of the affected stakeholders an opportunity to make processes that may well be in existence and may not submissions in public hearings enabled us to give some need such codification. of the ideas a little more exposure, but unfortunately this bill has been a total debacle. Motion agreed to. It is a total debacle on very serious matters affecting our Read second time; by leave, proceeded to third entire community: the importance of safety in the reading. community and the importance of having an effective police force that is able to deal with crime, especially Third reading serious crimes such as gangland killings and corruption. Motion agreed to. All of these things are much too important to stuff up, which I think was the professional term used last night Read third time. by Mr Finn in his contribution. The Office of Police Integrity was hived off from this BUSINESS OF THE HOUSE particular regulations bill, and we are left with the dregs. The opposition is opposing this legislation. The Orders of the day process of constant negotiation with the opposition has spanned in excess of 12 months, remembering that our Mr VINEY (Eastern Victoria) — By leave, I move: public hearings dated back to April 2008 and the tabling of the report on the Police Integrity Bill That the order of the Council appointing the next day of meeting for the resumption of debate on the second reading occurred in June 2008. The opposition is not in a and the reasoned amendment of the Police Regulation position to support it because our concerns have not Amendment Bill 2008 be read and rescinded and that the been addressed. We do not really understand what is resumption of the debate on the second reading of the bill and the status of the amendments that were floated in the the reasoned amendment be made an order of the day for later Legislative Council by the government, dating back to this day. 30 March 2009, which have now been withdrawn. Motion agreed to. Initially there were 67 amendments to the Police Regulation Amendment Bill, but subsequently there were 53 amendments. I would like to seek leave for the POLICE REGULATION AMENDMENT government amendments dated 30 March to be BILL incorporated into Hansard, because I think it is really important to demonstrate the mishandling of the Second reading process of negotiations and discussions with the opposition and with the non-government parties in Debate resumed from 13 October; motion of relation to amendments to this bill. We do not know Hon. J. M. MADDEN (Minister for Planning); and what is the status of these amendments, what is the Ms PENNICUIK’s amendment: status of the discussions or what is at play. That all the words after ‘That’ be omitted with the view of inserting in their place ‘this house refuses to read this bill a Acting President, I will await your decision to seek the second time until the government has conducted a full public agreement of the chamber to have these amendments review of the operation of the Police Regulation Act 1958, incorporated. I think it is pertinent to the debate and including calling for public submissions and conducting discussion and the arguments that are being put forward public hearings and publishing the findings and recommendations of the review.’. by the opposition as to why we are voting against the bill in its current form. I will continue while you Mrs PEULICH (South Eastern Metropolitan) — I consult. am just trying to structure my thoughts in relation to the Police Regulation Amendment Bill. It is a challenge to
POLICE REGULATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4975
I refer to the SARC inquiry and to the minority report absolutely. That is why the opposition felt the police that was signed by the member for Warrandyte in the commissioner having such unfettered power was other place, Ryan Smith, Edward O’Donohue and me, unreasonable and certainly in breach of the who are all members of the Scrutiny of Acts and government’s human rights charter. Regulations Committee. To refresh the memory of members, the report says: The bill also removes the limits on the number of the deputy commissioners, which is currently 4, and The undersigned express a strong disappointment at the assistant commissioners, which is currently 10. attempts to misuse the Scrutiny of Acts and Regulations Committee to shut down effective scrutiny of the Office of Do you, Acting President, wish to make a comment in Police Integrity Bill 2008, and in the failure of the chair, Mr Carlo Carli, to conduct himself in an impartial and relation to my request that the amendments be non-partisan manner on a significant piece of legislation incorporated into Hansard? which is the first real test of the Labor government’s human rights charter. The ACTING PRESIDENT (Mr Leane) — Order! Yes, that is well said. It is not appropriate under The minority report goes on to say: standing order 12.15 to incorporate the proposed To shed light on key issues of concern, members of the amendments into Hansard. There is a precedent in the committee pressed for public hearings. Given the very narrow Assembly of a document comprising a list of proposed interpretation of the committee’s terms of reference by the amendments being refused incorporation. chair, and its control of the numbers on the committee, the authors of this report wish to thank the Legislative Council Mrs PEULICH — I could, Acting President, assert for insisting that SARC fulfil its role as per the Parliamentary my rights by reading through each of the amendments Committees Act 2003. in turn, but I will not do that at this stage. I will do it as It goes on: an addendum, or perhaps one of my colleagues might do so instead. We will come back to that, because it is The overriding view amongst key stakeholders is that the important to show this government’s total Police Integrity Bill 2008 does not provide for sufficient powers of oversight from the Parliament or from the special incompetence in the development of legislation and the investigations monitor to enable this new regime to operate handling of this legislation, as well as the process of effectively and with some level of public confidence. negotiation with non-government members.
However, what is now left are the regulations. We In 1999, when we were dealing with then shadow believe the regulations are inadequate in terms of Minister for Police and Emergency Services, one André providing for proper management of a professional Haermeyer, he stated in the Assembly during a police force. We have profound concerns in relation to second-reading debate that: the mechanisms of disciplinary processes that the bill seeks to implement and puts into the hands of the If external accountability and the binding right of appeal are removed, the culture will develop from the top down. The current Chief Commissioner of Police. government is proposing to back that up with draconian powers such as the power to summarily dismiss a police In part 2 of the bill clause 4 creates new powers for the officer, but such powers need not necessarily be used. Just the Chief Commissioner of Police, such as the power to knowledge that they are there and may be used creates reduce or waive a period of probation; assign work to compliance through fear. members of the force; deploy members where Those words certainly hold true 10 years later. necessary for the effective and efficient conduct of operations of the force; determine the remuneration, Dare I say, although I was a critic of Mr Haermeyer at including an increase or reduction of remuneration, and the time, he was much more competent than the current other conditions of employment of any individual Minister for Police and Emergency Services. On the member of the force; and pay allowances or gratuities same occasion he went on to say: to members of the force. Any breach of instruction that accompanies the exercise of these powers could result It causes officers to fall into line with the dominant culture: in the dismissal of a member of the force. they will not step out of line or dare put them to the test. As I said — When this provision was aired initially there were and these are his words — concerns that the ability of the chief commissioner to almost arbitrarily dismiss a police officer would risk the the powers need not be used; officers just need to know the development of a subservient culture that might powers are there for the culture to become entrenched. That is facilitate the development of corruption in the future. dangerous when the dominant culture is corrupt — as it was All power corrupts and absolute power corrupts
POLICE REGULATION AMENDMENT BILL
4976 COUNCIL Wednesday, 14 October 2009
in Queensland under then Commissioner Lewis — or is We believe Victoria needs an anticorruption subject to political influence. commission. We have seen even someone at the That is the major reason the bill should be defeated. pinnacle — that is, former police commissioner Whilst I sympathise with the Greens’ reasoned Christine Nixon — fall foul. It was perhaps through amendment that the government go back to redo its inadvertence or maybe poor advice that she accepted work, do its homework and renegotiate, we have been the Qantas gift of a flight, a scandal that was originally at this for a year and a half now. It has been a backed by the Premier. Ms Nixon herself then monumental bungle, and I am not sure it is salvageable backflipped after Qantas told the OPI (Office of Police at this stage given the attempts to move, float and Integrity) the offer was made to Ms Nixon because of negotiate amendments, which have now been refused her position as chief commissioner. incorporation into Hansard, and the failure of the Qantas contacted the OPI after it received a series of government to reach a sensible agreement. It has made complaints from former executives, asking why they some concession in allowing the Police Appeals Board had not been offered the same flight. Ms Nixon was to offer some compensation, but not reinstatement, to told that unless she apologised and agreed to make a police officers who are found innocent. repayment, there would be an investigation into the I would have thought it was an important aspect of our flight scandal. In her apology she stated: society that if a person is innocent, he or she should not I should have given the offer more careful consideration. I be stripped of any rights. It is important that the probably should have sought independent advice. chamber reassert that crucial principle. I would hope that every member of a union on the other side would At the time, I did not believe that my conduct contravened the Victoria Police code of conduct. As I now appreciate, my agree with that principle. If you are not guilty, you acceptance of the free travel was inadvisable. I accept that the should not be penalised. free travel involved a gift of more than token value within the meaning of the code … The Scrutiny of Acts and Regulations Committee invited stakeholders to talk about the provisions of the What this demonstrates is that the person at the very top bill. I revisit the comments made by Police Association can make a mistake. I do not believe innocent parties secretary, Mr Davies. In his submission Mr Davies should be subject to the consequence of anyone making said: a mistake which could strip them of their rights.
The association, as the stakeholder representing 98 per cent of I would like to go through and in detail lay out the areas Victoria Police force members, was not consulted on the where the opposition agrees and disagrees with some of primary issues within the bill. The association was informed the clauses in the bill. That may clarify where we stand by the Department of Justice that it could not view the proposed legislation within the bill, and that the Minister for on some of the amendments, the status of which is now Police and Emergency Services … had instructed them that up in the air. The quality of the bill is certainly under a the association would be ‘sent an electronic version, as the serious cloud, and I do not believe this chamber should bill was tabled in Parliament’. That did not occur. risk passing a bill which does not address these central concerns. Given that the association represents the overwhelming majority of police members, it was very surprising to First of all, the opposition agrees with the new both it and us that it was not aware of what was in the provisions relating to the vicarious liability of Victoria bill. Further on in his submission the secretary Police for the actions of police in the course of their commented that clause 4(2)(b) of the bill’s empowering duty, especially where that is in good faith. We also of the chief commissioner to reduce or waive a period agree with the removal of the current cap of of probation was disconcerting. He stated: 150 protective services officers (PSOs). Amendments In allowing a chief commissioner to waive a period of suggested by the Victorian government following probation, pursuant to — negotiations with the opposition as late as September 2009 had indicated that it was prepared to remove the this clause — current chief commissioner’s ‘no confidence’ powers, to be replaced by proposed misconduct provisions in … the Parliament would establish a regime whereby anyone could be appointed to any position within the force, and be the bill. The withdrawal of these amendments means immediately confirmed in that position. Should legitimate and that is now in abeyance. That was a primary concern of serious issues arise surrounding that appointment or SARC, a primary concern of the Police Association promotion there would not be the ability to ‘not confirm’ the which represents 98 per cent of police members, and a appointment … primary concern of other speakers against this bill.
POLICE REGULATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4977
The government had also indicated that it was prepared The opposition believes that a police officer who is to to insert into the new misconduct and be interviewed needs to be informed of the nature and underperformance provisions an amendment to provide purpose of that interview. That is absolutely imperative greater procedural fairness, in that the chief in a system that is fair and impartial, and it most commissioner must provide full particulars of the definitely extends natural justice to where it needs to be allegations of misconduct or underperformance. Any extended. Even a murderer or an arsonist has this right, regime that does not require a superior, including a so why should not a police officer? It needs to be chief commissioner, to provide full particulars of expressly stated in this bill, but currently it is not. allegations of any misconduct or underperformance is not a fair system; it is not consistent with a democratic The chief commissioner also needs to provide reasons. society. It may be okay in Zimbabwe, but it is not okay The chief commissioner or his delegate does not need in Victoria. to provide reasons for action, particularly when an officer is dismissed. This requirement for providing The government also indicated that it was prepared to reasons exists under the current disciplinary processes, put back into the bill the full right of reinstatement by and should be a requirement for misconduct or the Police Appeals Board for an order for dismissal underperformance. On appeal to the Police Appeals under both misconduct and underperformance. We Board these reasons are essential, and there should be thought we were making progress through this express powers. protracted negotiation. The opposition also has serious concerns about The opposition remains concerned with in particular the provisions relating to the onus of proof, which, for elements of coercive questioning contained in the bill. misconduct or underperformance, ought to be on the The right against self-incrimination is a fundamental police commissioner in all cases. There should not be a right of all citizens, from murderers to arsonists. The reverse onus of proof. For example, under the current right against self-incrimination is only abrogated in the Police Regulations Act the chief commissioner or his or most extraordinary circumstances, such as profound her delegate must find the charge proved. That ought to community concern about possible links between be the same test in this bill, but it is not. That is one of corrupt cops and gangland killings. the reasons, among many, why the opposition will vote against this bill. I refer to coercive questioning by the chief commissioner of a police officer for underperformance. While we support in principle the thrust of the reasoned Underperformance is quite different to misconduct, amendment, it is a dog’s breakfast that needs to be where there could be allegations of either illegality or cleaned up and fixed. A year and a half has been corruption. Underperformance, I would imagine, means wasted. The police commissioner has failed to do the things like turning up for duty late, having a dirty job. He ought not to be the police commissioner uniform or not filling out a police diary correctly, in anymore, and it ought not to be reviewable in this accordance with standing orders. instance.
We are concerned by the chief commissioner having Finally, in relation to the conflict-of-interest these coercive questioning powers as they apply to provisions — I guess it is what you call the Police underperformance. The opposition opposed the Association provisions — while the opposition agrees coercive questioning of police in disciplinary matters that there is a clear conflict of interest where a police when it was first inserted into the legislation in 2004. officer is seconded to an outside body, such as the That will be extended to misconduct, but in the view of Police Association, or the minister’s office, and the OPI the opposition it should not be extended to has recommended that the power of constable be underperformance. removed for such police taking up an outside position, it should be prospective, not retrospective — that is, a We also have concerns about the questioning of a person already in a position at the Police Association member. The chief commissioner starts the misconduct should be able to continue in that position without any or underperformance process by investigating a police prejudice to their position in the police force. officer and therefore forming a belief that the officer may be guilty of misconduct or underperformance. As Furthermore, no entitlement, seniority or pension part of this initial investigation the chief commissioner should be adversely affected as a result. Lastly, we have may interview a member. concerns in relation to the provisions pertaining to fitness for duty. These provisions should simply be repealed, as the government has indicated its intention
POLICE REGULATION AMENDMENT BILL
4978 COUNCIL Wednesday, 14 October 2009 to do so with its ‘no confidence’ powers. However, make her own speech and not read copious because of the government’s withdrawing of these amendments into Hansard. amendments we no longer know the status of these commitments that have been procured through very Mr P. Davis — On a further point of order, if I may, long and protracted negotiations between the Acting President, and I am sure you will be able to take parliamentary secretary and the Minister for Police and advice on this, it would seem to me a matter of course Emergency Services and his advisers in this very long, that the Chair has no capacity to gag a member. It is protracted and quite clearly ineffective process. appropriate, as you have indicated, that a member makes their own speech and by convention in this place I now come to the amendments that I asked to be a member in making their own speech can refer to incorporated, and I would like to read them into relevant documents and quote from those documents. Hansard for the benefit of those who are trying to Throughout this sitting day we have seen that. Indeed, I understand why — — have made such comments.
The ACTING PRESIDENT (Mr Leane) — My point of order is this: that the member may in their Order! There is a problem with Mrs Peulich reading own way introduce information for the benefit of the every amendment into Hansard. A member may read debate and they may quote from a document. It is not extracts from a document but such extracts and appropriate for the Chair to overrule a speech which has quotations should be reasonably short, and I do not not yet been heard in anticipation of the way the believe that that what she is about to read into Hansard member makes his or her speech. will be short at all. Mr Lenders — On the point of order, Acting Mr D. Davis — On a point of order, Acting President, from the government’s perspective these are President, as I understand it this is a set of amendments amendments that we have withdrawn, so they are not that was circulated by the government at an earlier before the house, but we certainly have no issue with point, and these amendments have now been them being incorporated into Hansard. Technically the withdrawn. It is actually important as part of the debate, amendments are not before the house any more, so we given that these amendments were circulated, for them are not proposing them, but they were a public to be discussed. The community has a right to know document that we did circulate. If there are a number of where these amendments have gone and the comments that the member wishes to make on the significance of each and every one of them. Given that amendments, and those comments assist with the the amendments were circulated, it seems entirely passage of the bill, we certainly have no issue with the reasonable that any member of the chamber may amendments being incorporated. There is nothing to comment on any one of them, refer in detail to the hide; we are just not supporting them any more. specific amendment that has been circulated and discuss each and every one of those amendments in Mr D. Davis — On the point of order, I am aware detail. that Hansard has no difficulty with incorporating the said documents. The ACTING PRESIDENT (Mr Leane) — Order! I do not uphold the point of order. The The ACTING PRESIDENT (Mr Leane) — amendments would have been debated in committee Order! I know there was a previous ruling about had they not been withdrawn. They have been incorporating these amendments into Hansard — that withdrawn, so there is no point of order. is, that they would not be incorporated for expediency. If the government has given leave and Mrs Peulich is Mr D. Davis — On a further point of order, Acting happy with these amendments being incorporated into President, it seems to me entirely reasonable once Hansard rather than her reading through them amendments have been circulated for a member to refer individually, that should be the way through this issue. to those amendments. My understanding of what I have observed in this chamber is that amendments that have Mr Lenders — She could move them, couldn’t she? been circulated and foreshadowed can be discussed in the second-reading debate. Surely it is totally Mrs PEULICH — Thank you, Acting President. I appropriate for a member to discuss each and every one commend the Treasurer, the Leader of the House, for of those amendments. agreeing to have these government amendments that have been withdrawn incorporated into Hansard — The ACTING PRESIDENT (Mr Leane) — and, no, I am not moving them. I was more than happy Order! There is no point of order. The member needs to to quote them in batches of 10 and to intersperse that with comment on the relevant clauses in order to
POLICE REGULATION AMENDMENT BILL
Wednesday, 14 October 2009 COUNCIL 4979 comply with the Chair’s rulings, but given the utmost respect for the duty, commitment and dedication agreement of the Treasurer, that is unnecessary. I thank they give to their vocation. The notion of vocation is him for that. important. There are people who serve in many fields of endeavour in life. There are teachers who see Leave granted; see amendments pages 5014–5016. educating young people as a vocation; there are nurses who take up the vocation of nursing to care for the ill Mrs PEULICH — Without further ado I will close and find that the solace of that dedicated work fulfils by saying that this is an important piece of legislation to their lives, and there are many other areas. It is get right. The government has struggled. It has been a sometimes hard to imagine how one could choose long and protracted process; it has been excruciatingly parliamentary life as a vocation. It is more of a penance painful. The government has shied away from public than a vocation at times, but it is a proud duty that scrutiny. That was demonstrated by the long arm, the many of us discharge. But policing is one of those influence, of the government on the Scrutiny of Acts extraordinarily difficult roles. and Regulations Committee in trying to shut down those processes of inquiry. It was illustrated by the fact I was given the opportunity to reflect on this recently that we had to bring it back to this chamber. We then when I was invited to make an address at a National had to refer the matter back to SARC to complete its Police Remembrance Day service on 29 September. To process of inquiry. We have had the splitting of the bill, crystallise my thoughts and my contribution to that the protracted process of negotiation, the amendments service I had to contemplate what it would be like if I being floated and then being withdrawn and the Greens were a serving police officer in a contemporary amendment already moved. We understand the thrust environment. I would have to say I do not really believe of that particular amendment: whilst we sympathise, we I could commit myself to the vocation of policing. It is do not believe the bill can be supported or the an extraordinarily difficult challenge. It is a challenge government should be supported in prolonging its own that is beyond the comprehension of many of us. The agony of incompetence and failure. nature of the work involved in policing can be daunting. It is a role which requires a huge amount of When we have rising rates of violent crime in the commitment, indeed one could say a lifetime community and such an important task to fulfil, for the commitment for those 151 serving officers who have government to get it so wrong is just inconceivable and lost their lives in the line of duty over the 154 years of demonstrates why the Minister for Police and the Victorian police force. That is something that made Emergency Services has been such a dismal failure. We me stop and pause when I was preparing to give that accept the comments that this bill is a dog’s breakfast. address. We believe this bill should not be supported. With those few words, I certainly hope the government takes I note that there is a flawed romantic Australian legend stock of the comments and does not insist on this bill about colonial bushrangers. These people were in fact passing because it could not be passed in its current criminals. In the case of the Kelly gang they were form. police killers. It is fair to observe that in a contemporary sense the parallel is the recent Melbourne gang wars, Mr P. DAVIS (Eastern Victoria) — With some which have been dramatised and popularised in a range deliberation it becomes quite clear that the Leader of of different media and have, in a sense, gloried the Government endeavoured to truncate the remarks of abhorrent behaviour. It is important for us to recognise my learned colleague Mrs Peulich so he could better that people who undertake on behalf of the wider hear the contribution I will now make. It would have community the duty of law enforcement put their lives been unlikely without cooperation of the Leader of the on the line every day, whether it is putting their lives at Government to incorporate the government’s proposed risk because of criminals intent on doing physical harm amendments in Hansard, and we would have been here or just the mere fact of the workplace risk that is for some considerable time longer dealing with those involved, such as a high-speed vehicle pursuit or details. I acknowledge his cooperation, but it leaves me turning up to disarm and pacify some sort of domestic in the circumstance of not anticipating speaking at this dispute which has become violent. moment. I am delighted to have the opportunity tonight to make some general remarks, albeit I will be unlikely While we think of the obvious and tragic episodes, such to conclude these remarks this evening, given the as the Russell Street bombing and the 1998 murder of lateness of the hour. Sergeant Gary Silk, they are the tip of the iceberg. We do not see in community life the depth of risk that The first thing I wish to say is that in respect of the police are exposed to. Reflecting on the nature of that serving officers of the Victorian police force I have the sacrifice is a poignant reminder of the risk in the daily
POLICE REGULATION AMENDMENT BILL
4980 COUNCIL Wednesday, 14 October 2009 life of a police officer and the role the police take on. in which, frankly, values are more important than the They take on a commitment on behalf of us all to serve price we pay for our latest acquisition. and protect the Victorian community. In doing that they need to reinforce standards of behaviour and enforce Many members would understand that in the roles we law and order. It is evident that dedication, lead as members of Parliament we encounter the full professionalism and compassion are part of the guiding breadth or sweep of society. We can see the avarice on values of the police service. the one hand and the poverty on the other. Neither makes for a good society. When I peruse some of the From a personal perspective I have a great admiration daily media, I despair that those four qualities are for the police who serve in the Gippsland region. Not nowhere evident. I see a reflection of society that is only are they dealing with the usual day-to-day apprehensive and a lifestyle that is crassly workload, but they have to put up with the regular commercialised with a preoccupation with the cult of natural disasters which may afflict the region as a personality — both its glamour and its failings. There is whole or in part. These disasters are most nothing in this that inspires the best in us. In particular commonplace. Whether in dealing with major storm it serves as a poor role model for young people and has events, trees having fallen down across roads, bushfires perniciously crept into their peer group. We are or floods there is a role for police in terms of constantly witnessing events which I find frightening. coordination, response and recovery. There is cyberbullying, which has tragically pushed some people to take their own lives. There is bullying Those are the sorts of issues which give many of us and intimidation at work, increasing road rage, cause to think we would not aspire to take on the alcohol-fuelled violence on the streets and a disdain for vocation of policing. That is often reinforced by the law and order shown in the increasing incidence of news that we see on the television. Those dramatic attacks on police. events such as motor vehicle accidents, crashes or other disasters reveal the tragedy and personal anguish of the Another manifestation of social disorder is apparent in people involved but also the trauma and futility of the the cult following of reality TV shows. Beneath a experience of the police officer being interviewed at the veneer of putting people to some tests, these programs scene. are engaged in the perverse trade of humiliating the participants. In my view we have an obligation to each This then leads me to make some other general other to take a stand and make our outrage at this sort of comments about policing. It is hard for us to behaviour firmly understood. It is in that context that I comprehend that the role police play in society is think about police who as part of their stock-in-trade affected dramatically by the sweeping social change have to deal with the real-life manifestations of such that has become a characteristic of our time. This behaviour as opposed to what we see on reality TV. exaggerates the challenges for police officers. There is a rising tide of aggression and violence which is It is easy for the community to be indifferent onlookers sweeping through our society. It is plain that those to these events. It is clear that the event which has episodes are prominent; they are depicted in the media shaken the world in recent times, that being the global on a daily basis. It is extremely sad when we reach a financial crisis, has demonstrated the greed and outright point when families and friends of victims of violence fraud that led to that crisis which was not the sole are moved to hold a public rally, such as the one held province of Wall Street but of everyone who seized a recently, to make their point. We need to draw on this chance to make a quick buck regardless of the issue and determine why our society is now living in a principles of ethical behaviour. This era of social degree of fear. We should all have the opportunity of malaise has a major impact on police. Performing the living in comfort and security. It is important for us to task of daily policing is incredibly difficult. Therefore I feel confident, to pursue achievements, to inspire and to relate to this evolving framework within which police build a decent society. The notion of civil society is that are working and observe that the more connected the we live in a good society. community appears to be via communications technology, the more it tends to make us remote and When I was preparing my contribution for National dispassionate in our regard for others. We seem to be Police Remembrance Day I stopped, paused and more socially isolated than ever before. That may be a thought, ‘What are the factors that lead us to live in core factor in the rising aggression and violence that is what we describe as a good society?’. I think there are pervading society which police are having to deal with. four essential qualities: dignity, integrity, pride and respect. These are the foundations of a cohesive society The amazing advances in digital technology have created an enormous benefit; they have enhanced the
ADJOURNMENT
Wednesday, 14 October 2009 COUNCIL 4981 means of communication and the sources of At work people are required to prepare personal information and have enabled us to be a part of development plans and strive towards their objectives. networks of common interest that often extend There is increasing emphasis on achieving a work-life worldwide. However, this poses questions. How have balance, but a better lifestyle is not the whole picture, we coped with the overnight transition from local nor does it provide a holistic answer. Just as beauty is in neighbourhood networks that have depended on a the eye of the beholder, it must be an innate element of physical presence to global networks of a virtual our general outlook on life. It really does beg this nature? That is a question for policing particularly. The question: is there a positive way we can introduce a old neighbourhood networks involved active change in behaviour? It may be through an educative participation by neighbourhood police. It was a matter approach, similar to that being taken to curb smoking of course that in a rural community in particular the and drink driving and to improve road safety. local police knew all the vagabonds, could take them aside and give them some gentle persuasion about The police have an essential part to play as impartial correcting their behaviour. Many more mature men but supportive keepers of the peace. Ultimately, have admitted to me over time that when they were however, they can only be as effective as the measure young they were tearaways and that were it not for the of respect with which we regard them as law officers. local police sergeant they would not have been put on There was a time when police were accorded due the right track. respect and when local police, especially in rural areas, played an integral role in everyday life in their I think this isolation as a result of the digital revolution communities and were regarded as pillars of that I refer to has had an effect in households. It is not community leadership. surprising to see family members sitting in different rooms, each with their own TV, their own mobile It is important for us to understand that with respect to phone and in many cases their own computer, and the vocation and duty which police expect and deserve sometimes communicating within the household by from their communities, we need the way the police email and/or text messages. This is extraordinary, but force is administered to be well regarded. However, it is true. As a result, we are becoming more isolated and important that we bridge the relationship gulf that is indifferent and incrementally hardened to the hardships occurring between the police and the wider community. and suffering of others. It may be that we want to peer into other people’s lives through curiosity. I do not This leads to a general observation about the understand it myself, but it exists. relationship between the police and the government. It is all very well for us to focus on the police on the beat, Governments have a role in displaying leadership but but at the end of the day the police who are discharging everyone bears the responsibility of leading by example their duties and trying to earn the respect of the with a positive, constructive and contributing outlook. community and influence behaviour depend for their Obviously the starting places for this change in instructions on the government and the minister of the behaviour are where bullying occurs, and that needs to day. We hear much in this place from members of the be identified and countered. Training and life skills government benches about the operational need to be fostered, as do the qualities of resilience, independence — — confidence, self-respect and mutual respect. There needs to be a heightened emphasis on mentoring Business interrupted pursuant to standing orders. programs, which would be helpful. However, apart from in schools, the most valuable mentoring occurs in ADJOURNMENT the other primary starting place: the family unit. Unless we as a society deal with this, no amount of tweaking The ACTING PRESIDENT (Mr Leane) — the regulations around the way the police force works Order! The question is: will have any real effect. That the house do now adjourn. It is merely a coincidence that many of our challenges in society have arisen with increasing materialism, but Police: Bendigo one has to ask the question: is it not the fact that we now see materialism as the driving element in the way Ms LOVELL (Northern Victoria) — The matter I we focus and organise our lives and that that comes at a wish to raise is for the attention of the Minister for cost to the organisation of the family unit? Police and Emergency Services. It regards the need for additional police resources to curb crime, antisocial behaviour and violence in Bendigo. My urgent request
ADJOURNMENT
4982 COUNCIL Wednesday, 14 October 2009 of the minister is that he work with the Chief Victoria should be told to get used to it, and it is Commissioner of Police to provide additional police unacceptable that this government should accept this as resources to service not only Bendigo’s central business a permanent change to acceptable behaviour in our district but also Bendigo’s outer urban areas, including state. Epsom, Huntly, White Hills and Kangaroo Flat. Under the Brumby government Victoria has the lowest Last week Bendigo mayor Kevin Gibbins expressed his number of police per capita of all Australian states and concerns about the lack of police presence in Bendigo territories. The minister cannot wipe his hands of this and the difficulties faced by police in servicing such a important issue when the funding allocated to the police large area and a population of 100 000 people — budget is a decision of the government and this particularly those communities which are some distance government chooses to spend the least amount per from the Golden Square station. With only four police capita of all Australian states and territories on police officers on duty in Bendigo on Thursday, Friday and resources. Saturday nights, community safety is being put at risk — especially in those communities some distance West Gate punt: access from the centre of Bendigo, where the few police on duty are often required to focus their attention. Ms HARTLAND (Western Metropolitan) — My adjournment matter is for the Minister for Roads and These are difficult times for police. Alcohol-fuelled Ports. Over the past two years I have spoken on several violence and antisocial behaviour are prevalent, and occasions about the West Gate punt — a small bicycle unfortunately there are too few police on duty in and pedestrian ferry which travels between Spotswood Bendigo on Thursday, Friday and Saturday nights to and Port Melbourne. Ride to Work Day today gave address the rising level of incidents. cyclists on both sides of the river a rare opportunity to utilise the West Gate punt on a weekday. Despite the An incident last weekend has left a 23-year-old wet and windy weather there was a great turnout — Bendigo man fighting for his life in a Melbourne over 70 people used the punt. hospital after being king hit outside the Newmarket Hotel in Bendigo at about 12.45 a.m. last Saturday. The Interestingly, in answer to a previous question on this man was reportedly attacked after telling a drinker to matter the Minister for Roads and Ports said that there stop verbally abusing another pub patron. could not be another trial because at that stage the service was only attracting 50 trips per day, yet on a Residents in Bendigo’s Napier, McRae and Hargraves terrible day like today the number was 70, so he should streets regularly endure alcohol-fuelled antisocial reconsider. People rode from near Spotswood, behaviour on Friday and Saturday nights. Bendigo Newport, Williamstown, Footscray, Yarraville, Altona, grandmother Carol’s front gate was recently kicked off and from as far as Ashburton, Bentleigh, Burwood, its hinges and strangers ripped open her security door Elwood, Point Cook, Murrumbeena and Caroline and attempted to enter her home. Springs.
Another woman who lives near the Quarry Hill golf Today’s success again demonstrates the potential for course experiences crime almost every Thursday, restoring a creative and cost-effective community Friday and Saturday night. Young people have pulled service linking the western subjects with the central out her trees, vandalised her gas meter and tried to pull business district. The government needs to stop her fence down. Last weekend a group of intoxicated ignoring this efficient and affordable public transport youngsters who had just left the club vomited on the opportunity. road outside her home and on her front veranda. The woman was so annoyed after the incident that she The punt provides cyclists with a safe alternative to the phoned police Minister Cameron’s office only to be tracking routes, and contributes to people’s health and told it is an ‘in-station issue and nothing to do with wellbeing while reducing the number of cars on roads. him’. In Monday’s Age it was reported that over $47 million — enough to buy at least nine trams and This is unacceptable behaviour, and the police minister two trains — was spent on lawyers and consultants to should be taking alcohol-fuelled violence and antisocial keep the tram and train system privatised. A tiny behaviour seriously, but unfortunately both Carol and fraction of that pot of taxpayers money would finance my constituent in Quarry Hill have been told by the the restoration of the punt service. I call on the Minister police that they need to get used to these incidents. It is for Roads and Ports to redirect a small percentage of the unacceptable that anyone in Bendigo or anywhere in
ADJOURNMENT
Wednesday, 14 October 2009 COUNCIL 4983 money the department is wasting on roads and finance corporation could resell the land so there would consultants towards funding the punt for a year. be no long-term loss to the people of Victoria. Children: early childhood services There is a precedent for that concept. It occurred in the Tambo Valley under the Kennett-McNamara Ms TIERNEY (Western Victoria) — The matter I government at a time when farmers in that area faced wish to raise is for the attention of the Minister for traumatic conditions of Johne’s disease and floods, and Children and Early Childhood Development, Maxine the Rural Finance Corporation of Victoria purchased Morand. The 2008–09 budget allocated $23.9 million and rehabilitated the land and on-sold it some years over four years for 500 additional early childhood later. This proposition could well be applied to people intervention services places and a further 500 places in who have suffered severe trauma in the bushfires. 2009–10. According to Australian Bureau of Statistics data the number of children with a disability in the The Premier has never responded yea or nay to this community is increasing. This appears to be linked to request. At the very least people like the person to the baby boom, but also to the increase in some whom I have referred deserve an answer from the conditions such as autism spectrum disorders. Premier. So I ask tonight, as part of Fire Action Week, for some action by the Premier. I ask him to give me an Demand for early childhood intervention across the answer — yes or no — on whether the government will state is strong and appears to be increasing with the purchase land from those who have suffered severe ongoing baby boom, and I ask: when will the minister trauma in the fires so that they can put closure, at least allocate the next 500 places, and how many of those in part, to that event, move on with their lives and be places will be in the Barwon-south western region? able to afford to build at another location. Bushfires: recovery Disabilities services: Western Victoria Region
Mr HALL (Eastern Victoria) — This is Fire Action Mr KOCH (Western Victoria) — My issue is for Week, so I am raising a fire-related matter with the the Minister for Mental Health, who is also the Minister Treasurer for the attention of the Premier. I am seeking for Community Services, and it relates to the chronic action from the Premier on a matter that I raised with lack of financial support and facilities in Western his personal staff more than six months ago and on Victoria Region for people with intellectual disabilities. which am yet to receive a reply. It is the case of a person whose son perished in the Black Saturday In Geelong, Ballarat, Hamilton, Warrnambool and fires — and at the very time that that young man Portland the situation for those individuals who require perished his mother was speaking to him on the mobile 24-hour care is grim and has fallen dramatically over phone. One can imagine the trauma of that event and the last 10 years under Labor governments. Currently the impact it has had on the family. The family lost its there are few opportunities for those who are in need of house, and the trauma has been such that the family accommodation assistance. simply cannot face rebuilding on the property because of the traumatic memories of that event. Community-based organisations do a great job throughout Western Victoria Region, assisting those I requested a meeting with the Premier, which was with intellectual disabilities to integrate into the never agreed to, so I met with his personal staff to ask if community and live meaningful lives. Despite the government would purchase land to assist those widespread community support for the work they do, who have been subjected to such severe trauma that it is organisations are left to languish in terms of impossible for them to face that task of rebuilding. government funding and support. Their facilities are old Although these people were well insured for the and their equipment well past its use-by date. Over the building, they cannot insure land, and consequently it is years their funding has fallen well short of increases in financially very difficult for them to move to another the consumer price index. place to rebuild. In one instance in Warrnambool a facility used to Therefore it seemed to me a reasonable proposition that conduct day programs was so poorly maintained that in such traumatic cases the government, perhaps roof leaks forced its relocation for over six months. through the Urban Land Authority or the Rural Finance Inadequate facilities add to the level of anxiety Corporation of Victoria, could undertake to purchase experienced by the intellectually disabled. Allowing that land at what was its market price prior to the fire, facilities to deteriorate to such an extent before and then in time to come the authority or the rural
ADJOURNMENT
4984 COUNCIL Wednesday, 14 October 2009 maintenance is undertaken is poor form on the part of looking for work on government construction sites. It the Labor government. enables them to find out where a particular project is located and who is the main contractor. In Portland, Geelong and Ballarat the situation is so inadequately supported by this government that those The action I seek from the minister is to ensure that needing full-time accommodation are being denied it in organisations that represent construction workers and favour of emergency casuals. In other instances those organisations that represent construction companies, in requiring the security of permanent accommodation are particular subcontractors, are fully aware of the being moved between temporary solutions. Working Victoria website so they can utilise it fully.
These situations force organisations assisting the The DEPUTY PRESIDENT — Order! Would the intellectually disabled to exist day to day, without the member rephrase his request? capacity to plan for the care of people they work so hard to support. Last week, during Mental Health Mr LEANE — The action I seek from the minister Week, the Minister for Mental Health and Minister for is to make sure that organisations that represent Community Services promoted herself as the champion construction workers, such as subcontractors, and of mental health, even though Labor governments have construction companies are fully aware of the website. continually neglected general accommodation for the intellectually disabled. The DEPUTY PRESIDENT — Order! I had the impression that the member was talking about An industry review conducted by the Department of individuals, which would not have been asking for Human Services and released during September found action, but given that the member has referred to shared accommodation and day services for the organisations, that is feasibly action. disabled, including those with intellectual disabilities, is currently underfunded by $22 million. The report also Country Fire Authority: risk survey identified 75 per cent of providers of essential disability Mr P. DAVIS (Eastern Victoria) — I raise a matter services reporting costs that are greater than for the attention of the Minister for Police and government funding. Emergency Services. The Country Fire Authority has This Labor government needs to increase funding for just completed a survey relating to fire risk among six the services needed by the intellectually disabled in communities — Cann River in East Gippsland, order for them to lead meaningful lives. My request is Cockatoo, the Mornington Peninsula, Mount Macedon, for the Minister for Mental Health to ensure that Woodend and Apollo Bay. The survey involved at least organisations supporting the intellectually disabled 18 focus groups, some of which strangely were receive greater assistance and support, instead of the restricted to local CFA personnel, and participants were spin, lip-service and sleight-of-hand management style given cash payments of $70 each. that those less fortunate have been forced to endure. Albert Park marketing agency Sweeney Research Working Victoria: website conducted the survey and reported on it under a contract arranged via a senior CFA executive whose Mr LEANE (Eastern Metropolitan) — My role covers publicity and communications. The adjournment matter is for the attention of the Minister Sweeney agency used the services of a research group for Skills and Workforce Participation, Jacinta Allan, to set up the focus groups at each of the six locations. and concerns the excellent website Working Victoria The agency was briefed to undertake the survey as a which identifies government capital works projects community engagement exercise. Publicity sheets right across the state. distributed to encourage people to take part stated that the discussion groups were intended to develop a better Having looked closely at this website, as a tradesman understanding of the attitudes and behaviours of people who has looked for employment in the construction in bushfire risk areas. This exercise was undertaken industry a number of times, I note that through this when the 2009 Victorian Bushfires Royal Commission website it can be seen where government projects, both was handing down its interim report and was federal and state, are located near to where you live and proceeding to examine further the management of the what stage a particular project is at, as well as who is Black Saturday fires in Gippsland and central and the builder of that project. This is a great tool for western Victoria. someone who is looking for work in the construction industry. It is also a great tool for subcontractors This leads to the question why the CFA would spend a substantial sum, probably running into six figures, on a
ADJOURNMENT
Wednesday, 14 October 2009 COUNCIL 4985 survey covering some of the same areas that the royal multipurpose building and the finalisation of a new commission is exploring objectively and in infinite basketball court. After receiving a delegation of local detail. It points to this forming part of a public relations residents I was informed that the construction is causing exercise on the part of CFA management. I therefore excessive noise and significant disturbance to residents ask the minister to act to release the report publicly and living in quiet neighbourhood streets such as Rowallan formally present it to the bushfires royal commission to Court, Azalea Avenue, Regal Avenue and the northern assist in the commission’s inquiry. reaches of Highfield Road from 7.00 a.m. onwards. Road safety: speeding fines Upon its completion the project will change the dynamics of this community by creating a new, busy Mrs COOTE (Southern Metropolitan) — My series of access points to the school in what had adjournment matter is for the attention of the Minister previously been quiet cul-de-sacs. It is important to for Roads and Ports. Sadly every weekend when we point out that this residential precinct was established in open our newspapers we see reports of unacceptable the mid-1960s, which was a number of years prior to road deaths. It worries and concerns each and every one the building of the school in its original form. Many of us. Tackling the road carnage has been a bipartisan residents have lived happily there continuously over aim for all of us for many generations, and I think that this time. is commendable. However, there is a balance between addressing the road carnage in a proper and responsible The impact of the two new construction projects means way and plain, simple revenue raising. that the livability within the properties has been severely diminished. Residents find themselves being It is revenue raising that I have a major concern about. I overshadowed by a dominant two-storey building, have two articles; one is from the Herald Sun of thoughtlessly sited a mere 2 metres from the boundary 29 September and the other is from the Age of the same fence, thus encroaching in a very material way on day. There are some very disturbing figures about residents’ privacy, amenity and the value of their speeding fines at places in my electorate. Fines in the homes. Stonnington area have gone up a whopping 22 per cent, and in the municipalities of Port Phillip and Glen Eira The infilling, mounding and levelling of earth for the they have gone up 30 per cent. construction of the new basketball court on the northern boundary means that the players have an unfettered, These enormous speeding fines in these inner suburban panoramic view of residents’ backyards, which areas make no sense at all because the carnage we read substantially and understandably disrupts the daily lives about in the weekend papers is actually on country of the residents. roads. I cannot therefore understand why people in the inner suburban areas are being targeted. Quite frankly, This project has been foisted on the community and on when driving around some of these areas at several the school itself in a manner that is regarded as being different times of the day you are lucky to reach the commonplace. There was no consultation with the speed limit because the traffic is so appalling. community. The school community itself seems to have been given little, perhaps no, say and told that they had The action I seek from the minister is for him, as a to agree to the project as already specified or miss out matter of urgency, to release for public knowledge the completely. details of the times of day that these fines were imposed in the cities of Yarra, Stonnington, Glen Eira and Port My request is that the minister either visit this Phillip. neighbourhood to meet with a group of concerned residents to see firsthand the full extent of the problem Donburn Primary School: building project and its impact on the surrounding neighbourhood; or to receive a delegation to discuss what steps can be taken Mrs KRONBERG (Eastern Metropolitan) — My to help those affected and to what degree the adjournment matter is for the attention of the Minister government may be able to ameliorate the impact for for Education and concerns the hastily cobbled together them. In order to expedite matters, meeting building project at Donburn Primary School in East arrangements could be facilitated through my electorate Doncaster. In conjunction with the Department of office. Education and Early Childhood Development, a $2.5 million project that derives its funding from the Rudd federal government’s stimulus spending involves the construction of the school’s new two-storey
ADJOURNMENT
4986 COUNCIL Wednesday, 14 October 2009
Rail: Newport museum Koo Wee Rup bypass: funding
Mr FINN (Western Metropolitan) — I wish to raise Mr O’DONOHUE (Eastern Victoria) — I raise a this evening a matter for the attention of the Minister matter for the attention of the Minister for Roads and for Public Transport. Recently I had the joy of visiting Ports. It concerns a matter that I have raised in this the Australian Railway Historical Society museum just place on several previous occasions — that is, the a stone’s throw from the North Williamstown railway Koo Wee Rup bypass. I would like to congratulate the station. I must commend the volunteers of the society Koo Wee Rup community for launching a new website: who have done a magnificent job over a good many kooweebypass.com.au. years now — over some decades — in retaining and upgrading some of the great steam engines and more As the website states and as I have told the house modern engines that have pulled our trains around previously, 10 000 vehicles per day and up to 90 trucks Victoria. per hour are travelling through Koo Wee Rup as a result of the increased population in that area and the Mr John Kirk was very generous with his time in opening of the Pakenham bypass, making the trip to showing me some of the finer details of the many train South Gippsland and the Bass Coast via Pakenham and engines that were on display. I have to say to the house Koo Wee Rup the quickest and most efficient route. that I was exceedingly impressed. I do not mind a train This has had a significant, detrimental impact on the trip myself, although I am less than impressed with township of Koo Wee Rup and is also a danger to its some of the services that we might have, for example, population with so many car and truck movements, out through Sunshine at the moment. But certainly particularly on long weekends, in school holidays and some of the other services are impressive, such as the in the summer break. Indian Pacific on which, many years ago, I took a ride to Perth; I was pretty much taken with that. There are many issues related to this project. The first and most urgent is the clarification of the route for the This museum has a good many trains that I am sure will bypass. The minister had previously given assurances bring back memories for members if they were to take that a route would be determined by now. the time to go out and have a look. It is a train lovers’ Unfortunately that has not occurred and there are many delight — nothing surer than that. landowners who have been left in limbo, not able to sell their land for its market value and not able to plan for The only problem is that these trains are outside. They their future until the overlays associated with the route are in the elements and because they are close to the are removed. Once that issue is resolved, and I hope it bay, being in Williamstown, they are prone to rust. I can be resolved as quickly as possible, there is then an saw some of the difficulties that the volunteers have urgent need for the construction of the project to be been facing in protecting these magnificent completed. transportation vehicles from the rust. The problem is that these treasures of Victoria are in many cases I am pleased the Treasurer is the minister at the table rusting away despite the best efforts of the volunteers. tonight because I know his response to these requests is An obvious solution which has been bandied about for that members of the opposition always request money some time is to shift the museum indoors to the and have a limitless demand for additional resources. Newport workshops, which are just down the street. The good people of the shire of Cardinia, in which the Koo Wee Rup township is located, have given the This move would not just protect the unique and Treasurer millions of dollars of additional revenue in priceless exhibits but provide a tourist boost for the the last 12 months because of the housing boom that is west of Melbourne. Railway tourism is huge occurring in that area, which is channelling millions of internationally. People who are into that sort of tourism additional dollars into his coffers. will travel a very long distance to see a good train. This would bring jobs, visitors and more wealth to the I ask that he and the Minister for Roads and Ports give western suburbs of Melbourne. some of that back to the good people of the shire of Cardinia and in particular to the people of Koo Wee I ask the Minister for Public Transport to meet Rup by constructing the Koo Wee Rup bypass. representatives of the Australian Railway Historical Society as quickly as is humanly possible with a view to arranging the setting up of the new museum at Newport. It would be a major boost for the western suburbs of Melbourne.
ADJOURNMENT
Wednesday, 14 October 2009 COUNCIL 4987
Springvale Road, Nunawading: grade Planning: Albert Park separation Mr D. DAVIS (Southern Metropolitan) — My Mr ATKINSON (Eastern Metropolitan) — My matter tonight is for the attention for the Minister for matter is for the Minister for Roads and Ports. I express Planning. It concerns representations I have received publicly at the outset my appreciation of the minister’s from Michael and Gaye Krutsch of 94 St Vincent action on previous adjournment items, particularly an Place, Albert Park. They relate to me both verbally and adjournment item that I raised on 3 September 2009 in significant detail in writing a long bureaucratic story with regard to the works at the Springvale Road railway that appears to be a case of bureaucracy gone wrong. It crossing. On that occasion I raised a number of concerns the refusal of a planning permit over a number concerns in regard to the management of the project of years. I hasten to add that the issue here is whether and the need to consider the trading activity of the planned activities on the property at St Vincent businesses in the area. Place would impinge on a heritage zone.
I am pleased to say that the minister, and more I make no judgement about the matters as I am not an importantly perhaps the agencies involved in those expert on these points, but the individuals in question works, responded fabulously to that request and their point out a series of steps, including planning appeals, consideration of the traders has been tremendous. I and a series of false allegations that were made against have also written to the City of Whitehorse to thank them by someone in authority at Heritage Victoria, them for some work they have done in support of the which is part of the Department of Planning and businesses during this important construction project. It Community Development. Specifically, they raise some is a welcome project but nonetheless we do not want to allegations that were made at a point in the process see businesses fail whilst waiting for the broader when they had no opportunity to refute those points. community benefit of that project. As I indicated, the They also point to the involvement of members of that minister and his department and the agencies involved tribunal. I would be happy to talk to the minister behind in this construction work, and indeed the City of the scenes on this matter to assist him. As I say, I am Whitehorse, responded very well. not in a position to judge every aspect of this completely, but it appears that there are matters that are On this occasion the matter that I bring is still related to worthy of investigation here. the Springvale Road railway crossing. I hope the minister and the agencies will bring similar I should also make it clear to the minister that the consideration to the issue that I raise tonight. It Ombudsman is looking at a number of these matters as concerns access to Laughlin Avenue, Nunawading, on well. I am not sure precisely what stage his completion of the works next year. investigation is at, but that in no way precludes the minister from making his own inquiries. Laughlin Avenue is quite an important street. There are quite a number of houses in Laughlin Avenue. The Mr Lenders — Talking to you behind the scenes, I street also provides access to a Seventh Day Adventist suppose. school and land alongside it, retirement villages and a hostel. There is also a very busy local GP clinic on the Mr D. DAVIS — Not in terms of me relaying the corner. My concern on behalf of residents and the details of what has been put to me. I do not want to school is that the plans for Laughlin Avenue access, judge a case where I do not have all the facts in front of following the completion of the project, will make it me, Treasurer. This appears to be a significant matter. It very difficult for people to enter the street. appears the processes of Heritage Victoria may not be as smooth as they should be and that matters I am looking for the minister to consider a U-turn surrounding the appeal process may not have been facility a little further south on Springvale Road on the processed in the way that they should have been. With crossing to allow vehicles to come around, and to regard to 94 St Vincent Place in Albert Park, I ask that review access to Laughlin Avenue, the planning for the Minister for Planning investigate this matter and which I understand has been impeded by the needs of ensure that the processes at Heritage Victoria and the bus movements. If the minister could devote some relevant appeals parts of Heritage Victoria are attention to Laughlin Avenue, I am sure the residents functioning properly. would be extraordinarily pleased.
ADJOURNMENT
4988 COUNCIL Wednesday, 14 October 2009
Responses
Mr LENDERS (Treasurer) — Thirteen members raised adjournment matters for relevant ministers, and I will certainly refer those to ministers.
I will comment on the adjournment matter from Mr O’Donohue, who referred to me in his remarks regarding the Minister for Roads and Ports. The issue of the Koo Wee Rup bypass is clearly one I will refer to the Minister for Roads and Ports. Mr O’Donohue made a comment about stamp duty. My response generally is you cannot be all things to all people. You cannot come into this place and insist that taxes be cut and more be spent and no borrowings be made.
For the record, I would say to Mr O’Donohue that in the Koo Wee Rup area, as in all growth areas, the state government is contributing $22 500 towards every young family building their first home. Up until 30 September the federal Labor government added $14 000 to that. In the state of Victoria a new home buyer building an off-the-plan home in Koo Wee Rup would be receiving $36 500 in assistance from the state and federal Labor governments. If the home in that area is bought off the plan, they will be paying stamp duty in the order of $1000.
If Mr O’Donohue thinks we are reaping massive rewards from stamp duty in assisting first home buyers in Koo Wee Rup, I would suggest he go and get some facts. I would also reiterate that if he thinks it is inappropriate for us to be waiving stamp duty for those communities and that we should be reprioritising that assistance to first home buyers and the jobs it has created, he should say so rather than seek to be all things to all people and take cheap shots in this chamber.
The DEPUTY PRESIDENT — Order! The house stands adjourned.
House adjourned 10.36 p.m.
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4989
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
4990 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4991
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
4992 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4993
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
4994 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4995
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
4996 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4997
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
4998 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 4999
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5000 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5001
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5002 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5003
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5004 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5005
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5006 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5007
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5008 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5010 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5011
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
5012 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY ORDER OF LEGISLATIVE COUNCIL
Wednesday, 14 October 2009 COUNCIL 5013
INCORPORATION BY MRS PEULICH (SOUTH EASTERN METROPOLITAN)
5014 COUNCIL Wednesday, 14 October 2009
INCORPORATION BY MRS PEULICH (SOUTH EASTERN METROPOLITAN)
INCORPORATION BY MRS PEULICH (SOUTH EASTERN METROPOLITAN)
Wednesday, 14 October 2009 COUNCIL 5015
INCORPORATION BY MRS PEULICH (SOUTH EASTERN METROPOLITAN)
5016 COUNCIL Wednesday, 14 October 2009