Legislative Assembly 10907 21 February 1995

TUESDAY, 21 FEBRUARY 1995 Allowances) Act 1967, the Land Act 1962 and the Supreme Court of Queensland Act 1991"—1st December, 1994 "A Bill for an Act to provide for the making of Mr SPEAKER (Hon. J. Fouras, Ashgrove) agricultural standards and for other agricultural read prayers and took the chair at 10 a.m. matters"—1st December, 1994 "A Bill for an Act to amend the Financial Institutions Code"—1st December, 1994 ASSENT TO BILLS "A Bill for an Act to amend the Statutory Mr SPEAKER: Order! Honourable Instruments Act 1992, Legislative Standards members, I have to inform the House that I Act 1992 and Acts Interpretation Act 1954, and have received from Her Excellency the for related purposes"—1st December, 1994 Governor a letter in respect of assent to "A Bill for an Act providing for the establishment certain Bills, the contents of which will be and administration of community titles schemes, incorporated into the records of Parliament. and for other purposes"—1st December, 1994 GOVERNMENT HOUSE, "A Bill for an Act to amend the Acts BRISBANE. Interpretation Act 1954 about the State's powers, in particular its power to carry out 6th December, 1994 commercial activities, and for other Dear Mr Speaker, purposes"—1st December, 1994 I hereby acquaint the Legislative "A Bill for an Act about public sector ethics and Assembly that the following Bills, having been conduct"—1st December, 1994 passed by the Legislative Assembly and having "A Bill for an Act to protect whistleblowers and been presented for the Royal Assent, were for other purposes"—1st December, 1994 assented to in the name of Her Majesty on the dates indicated: "A Bill for an Act to amend the Workers' "A Bill for an Act to amend the Native Title Compensation Act 1990"—1st December, 1994 (Queensland) Act 1993" —24th November, 1994 "A Bill for an Act to apply certain "A Bill for an Act about Queensland's wine Commonwealth laws about agricultural and industry"—1st December, 1994 veterinary chemical products as Queensland laws, and for other purposes"—1st December, "A Bill for an Act to amend the Fire Service Act 1994 1990 and other Acts"—1st December, 1994 "A Bill for an Act to consolidate and amend the "A Bill for an Act to amend the Valuation of law relating to the administration and Land Act 1944"—1st December, 1994 management of non-freehold land and deeds of "A Bill for an Act to amend the Common Law grant in trust and the creation of freehold land, Practice Act 1867 and the Workers' and for related purposes"—1st December, 1994 Compensation Act 1990, and for other "A Bill for an Act about residential tenancy purposes"—1st December, 1994 agreements, and related matters"—1st "A Bill for an Act about the protection of December, 1994 Queensland's environment"—1st December, "A Bill for an Act to amend the City of Gold 1994 Coast (Harbour Town Zoning) Act 1990"—1st "A Bill for an Act to amend certain Acts December, 1994 administered by the Treasurer"—1st December, "A Bill for an Act to amend the Electoral Act 1994 1992"—1st December, 1994 "A Bill for an Act to amend the Local "A Bill for an Act to make various amendments Government Act 1993"—1st December, 1994 of Queensland statute law and to repeal certain "A Bill for an Act about the electricity industry Acts"—1st December, 1994 and use of electricity, and for related purposes"—1st December, 1994 "A Bill for an Act about recreational and tourist fossicking for minerals, gemstones and "A Bill for an Act to amend the Building and ornamental stones, and for related Construction Industry (Portable Long Service purposes"—1st December, 1994 Leave) Act 1991 "—1st December, 1994 Yours sincerely, "A Bill for an Act to approve an agreement between the Commonwealth, States and (sgd) Leneen Forde Territories, and for other purposes"—1st Governor December, 1994 The Honourable D. J. Fouras, M.L.A. "A Bill for an Act to amend the Industrial Speaker of the Legislative Assembly Relations Act 1990, the Judges (Pensions and Parliament House Long Leave) Act 1957, the Judges (Salaries and BRISBANE QLD 4000 21 February 1995 10908 Legislative Assembly

PAPERS TABLED DURING RECESS Livestock and Meat Authority of Mr SPEAKER: Order! Honourable Queensland—Annual Report for the members, I have to advise the House that period 4 July 1994—30 June 1994 (Incorporating the annual reports and papers were tabled during the recess in financial statements of; Queensland accordance with the details provided on the Livestock and Meat Authority for the Daily Program circulated to members in the period 1 January 1994—2 July 1994; and Chamber. Queensland Abattoir Corporation for the 1 December 1994— period 1 January 1994—2 July 1994) Golden Casket Art Union Office—Annual 6 January 1995— Report 1993/94 Grain Research Foundation—Annual 8 December 1994— Report for 1993/9 Dumaresq-Barwon Border Rivers 13 January 1995— Commission—Annual Report 1993/94 Annual Reports for 1993/94— 9 December 1994— Alternative Dispute Resolution Division Royal Women’s Hospital Research and (Dispute Resolution Centres Council) Development Foundation—Annual Report 1993/94 Queensland Cultural Centre Trust 15 December 1994— Chicken Meat Industry Committee Library Board of Queensland—Annual Queensland Sugar Corporation Report for 1993/94 Townsville/Thuringowa Water Supply Register of Companies Controlled by Board Departments, as at 30/6/94 Prince Charles Hospital Foundation 19 December 1994— Department of Environment and Darling Downs Health Services Heritage—Annual Report for 1993/94 Foundation 20 December 1994— Children's Court of Queensland—Annual Report for the period 1 September 1993- Annual Reports for 1993/94— 31 August 1994 Queensland Principal Club Grainco Queensland Co-operative Trustees of the Bowen Racecourse Association Limited—Annual Report for Trustees of the Eagle Farm Racecourse the period 1 September 1993-31 August Aboriginal Co-ordinating Council 1994 Department of Family Services and Egg Marketing Board—Annual Report for Aboriginal and Islander Affairs the period 25 June 1993-31 December Intellectually Disabled Citizens Council of 1993 Queensland Mount Isa Water Board—Annual Report 21 December 1994— for the period 28 June 1993-26 June 1994 Annual Reports for 1993/94— 30 January 1995— Brisbane Market Trust Bore Water Boards, Drainage Boards, Queensland Commercial Fishermen’s Water Boards—Summary of Annual State Council Reports and Financial Statements for Queensland Fish Board 1993/94 South East Queensland Water Board River Improvement Trusts—Summary of Annual Reports and Financial Statements 22 December 1994— for 1993/94 Freedom of Information—Annual Report for 1993/94; and 7 February 1995— Office of the Special Prosecutor—Annual Corrigendum to the Freedom of Report for the period 1/1/94 to 30/11/94. Information Annual Report 1993/94, which Criminal Justice Commission—A Report was tabled on 22 December 1994 into allegations that the private telephone 15 February 1995— of Lorrelle Anne Saunders was “bugged” Criminal Justice Commission— in 1982 by persons unknown, and related Telecommunications Interception and matters Criminal Investigation in Queensland: A 4 January 1995— Report Annual Reports for 1993/94— 17 February 1995— Bureau of Sugar Experiment Stations Australian Quality Egg Farms Ltd.— Director of Marketing Annual Report for the period 24 August Queensland Fruit and Vegetable Growers 1993 to 26 June 1994; and Legislative Assembly 10909 21 February 1995

Explanation for the granting of an Adult Theme Shops extension of time for the tabling of the Australian Quality Egg Farms Ltd. Annual From Mrs Sheldon (44 signatories) Report for the period 24 August 1993 to praying that the Parliament of Queensland will 26 June 1994. legislate to ban the operation of adult theme shops on the Sunshine Coast. 20 February 1995— Corrigendum to the Queensland Cultural Petitions received. Centre Trust Annual Report 1993/94, which was tabled on 13 January 1995. STATUTORY INSTRUMENTS In accordance with the schedule PETITIONS circulated by the Clerk to members in the The Clerk announced the receipt of the Chamber, the following documents were following petitions— tabled— Ambulance Service Act 1991— Ambulance Service Amendment Cannabis Regulation (No. 4) 1994, No. 442 From Mr Campbell (82 signatories) Breakwater Island Casino Agreement Act praying that the statutory prohibition on the 1984— production and usage of cannabis be Breakwater Island Casino Agreement continued. Variation Regulation 1994, No. 443 A similar petition was received from Mr Building Act 1975— Turner (124 signatories). Building Amendment Regulation (No. 2) 1994, No. 428 Planned Parenthood of Australia Carriage of Dangerous Goods by Road Act 1984— From Mr Foley (226 signatories) praying that an inquiry be set up to investigate the Department of Transport (Repeal of legality of the Queensland activities of Penalty Notice Provisions) Regulation Planned Parenthood of Australia. 1994, No. 438 Chiropractors and Osteopaths Act 1979— Chiropractors and Osteopaths Eastern Corridor Amendment By-law (No. 2) 1994, No. 464 From Mr J. N. Goss (12 signatories) Corrective Services Act 1988— praying that the link between the South East Corrective Services (Establishment of Freeway and the proposed Eastern Tollway be Prisons) Amendment Regulation (No. 1) sited on Transport Department owned vacant 1994, No. 415 land on the south side of Miles Platting Road, Dental Technicians and Dental Prosthetists Act Eight Mile Plains. 1991— Dental Technicians and Dental Juvenile Offenders Act Prosthetists Amendment By-law (No. 1) 1994, No. 432 From Mr Nuttall (11 signatories) praying Education (General Provisions) Act 1989— that the Juvenile Offenders Act be changed to allow (a) for juvenile offenders' names to be Education (General Provisions) made public and (b) for the caning of Amendment Regulation (No. 2) 1994, No. 458 persistent offenders. Education (General Provisions) Amendment Regulation (No. 3) 1994, Yungaburra No. 459 From Mr Pitt (92 signatories) praying that Electoral Act 1992— the Parliament of Queensland will take action Electoral Amendment Regulation (No. 1) against the mayor and council of Eacham 1994, No. 460 Shire to (a) cease the planned sewerage Electricity Act 1976— scheme in Yungaburra; (b) provide clean and Electricity Amendment Regulation (No. 3) regular supplies of water to the township; and 1994, No. 436 (c) instruct independent and acceptable persons to investigate the high level of rates. Electricity (Transfer of Assets) Regulation 1994, No. 435 21 February 1995 10910 Legislative Assembly

Financial Institutions Legislation Amendment Industrial Development Act 1963— Act (No. 2) 1994 Industrial Development (Sale of Surplus Proclamation—the provisions of the Act Land) Amendment Regulation (No. 2) that are not in force commence 1 January 1994, No. 437 1995, No. 450 Justices Act 1886— Financial Institutions (Queensland) Act 1992— Justices Amendment Regulation (No. 2) Financial Institutions Amendment 1994, No. 429 Regulation (No. 2) 1994, No. 444 Land Title Act 1994— Fisheries Act 1976— Land Title Amendment Regulation (No. 1) Fisheries (Cawarral Creek Fish Habitat 1994, No. 461 Reserve) Regulation 1994, No. 427 Liquor Act 1992— Forestry Act 1959— Liquor Amendment Regulation (No. 2) Forestry Amendment Regulation (No. 2) 1994, No. 410 1994, No. 414 Liquor Amendment Act (No. 2) 1994— Fossicking Act 1994— Proclamation—the provisions of the Act Fossicking Regulation 1994, No. 466 that are not in force commence Proclamation—the provisions of the Act 2 December 1994, No. 409 that are not in force commence 1 February Local Government Act 1993— 1995, No. 465 Local Government (Transitional) Gaming Machine Act 1991— Amendment Regulation (No. 4) 1994, Gaming Machine Amendment Regulation No. 416 (No. 2) 1994, No. 407 Meat Industry Act 1993— Gladstone Power Station Agreement Act Meat Industry Amendment Regulation 1993— (No. 1) 1994, No. 453 Gladstone Power Station Agreement Meat Industry Standard 1994, No. 454 Variation Regulation 1994, No. 440 Mineral Resources Act 1989— Government Owned Corporations Act 1993— Mineral Resources Amendment Regulation Government Owned Corporations (No. 10) 1994, No. 420 (Forestry Corporation) Regulation 1994, No. 445 Mineral Resources Amendment Regulation (No. 11) 1994, No. 434 Government Owned Corporations (QGC Corporatisation) Regulation 1994, No. 448 Mortgages (Secondary Market) Act 1984— Government Owned Corporations (QTSC Mortgages (Secondary Market) Corporatisation) Regulation 1994, No. 449 Amendment Regulation (No. 1) 1994, No. 424 Government Owned Corporations Regulation 1994, No. 446 Motor Vehicles Safety Act 1980— Government Owned Corporations Motor Vehicles Safety Amendment (Statutory GOC Subsidiaries) Regulation Regulation (No. 1) 1994, No. 425 1994, No. 447 Native Title (Queensland) Act 1993— Griffith University and Queensland Proclamation—various provisions of the Conservatorium of Music Amalgamation and Act commence 28 November 1994, Miscellaneous Amendment Act 1991— No. 408 Proclamation—the provisions of the Act Proclamation—various provisions of the that are not in force commence Act commence 5 December 1994, No. 421 16 December 1994, No. 457 Offence Notices Legislation Amendment Act Health Act 1937— 1994— Poisons Amendment Regulation (No. 4) Proclamation—the provisions of the Act 1994, No. 405 that are not in force commence Poisons Amendment Regulation (No. 5) 12 December 1994, No. 430 1994, No. 418 Optometrists Act 1974— Poisons Amendment Regulation (No. 6) 1994, No. 463 Optometrists Amendment By-law (No. 1) 1994, No. 433 Health Services Act 1991— Parliamentary Members’ Salaries Act 1988— Health Services (Transfer of Officers) Amendment Regulation (No. 5) 1994, Parliamentary Members (Annual Rate of No. 419 Salary) Order (No. 1) 1995 Legislative Assembly 10911 21 February 1995

Primary Producers’ Co-operative Associations Transport Infrastructure (Roads) Act 1991— Act 1923— Department of Transport (Repeal of Primary Producers’ Cooperative Penalty Notice Provisions) Regulation Associations (Exemption of Cooperative 1994, No. 438 Associations) Regulation 1994, No. 404 Transport Infrastructure (Roads) Primary Producers’ Organisation and Marketing Amendment Regulation (No. 6) 1994, Act 1926— No. 452 Primary Producers’ Organisation and Valuation of Land Act 1944— Marketing (Queensland Cane Growers’ Valuation of Land Amendment Regulation Organisation) Amendment Regulation (No. 1) 1994, No. 462 (No. 1) 1994, No. 455 Veterinary Surgeons Act 1936— Public Service Management and Employment Veterinary Surgeons Amendment Act 1988— Regulation (No. 1) 1994, No. 413 Public Service Management and Water Resources Act 1989— Employment Amendment Regulation Water Resources (Rates and Charges) (No. 2) 1994, No. 406 Amendment Regulation (No. 1) 1994, Queensland Law Society Act 1952— No. 456 Whistleblowers Protection Act 1994— Queensland Statutory Committee Amendment Rule (No. 1) 1994, No. 417 Proclamation—the provisions of the Act that are not in force commence South Bank Corporation Act 1989— 16 December 1994, No. 441. South Bank Corporation Amendment By- PAPERS law (No. 2) 1994, No. 439 The following papers were laid on the State Transport Act 1960— table— Department of Transport (Repeal of (a) Minister for Justice and Attorney-General Penalty Notice Provisions) Regulation and Minister for the Arts (Mr Wells)— 1994, No. 438 Queensland Anti-Discrimination Statutory Instruments Act 1992— Commission and Human Rights and Equal Statutory Instruments Amendment Opportunity Commission—Annual Report Regulation (No. 2) 1994, No. 422 1993-94 Statutory Instruments Amendment Arts and Cultural Development—Special Regulation (No. 3) 1994, No. 423 Report from the Minister 1993-94 (b) Minister for Health (Mr Hayward)— Stock Act 1915— Aboriginal and Torres Strait Islander Stock (Maximum Chemical Residue Limits) Health Policy Amendment Regulation (No. 1) 1994, No. 412 Discussion Papers— Review of the Food Act 1981 Supreme Court Act 1921— A Code of Health Rights and Criminal Practice Rules Amendment Responsibilities Regulation (No. 1) 1994, No. 431 Review of the Cancer Registration Timber Utilisation and Marketing Act 1987— Regulation 1981 Timber Utilisation and Marketing Review of Legislation Relating to Amendment Regulation (No. 1) 1994, Private Hospitals No. 426 Vermin Control Regulation 1991 Tow Truck Act 1973— Review of the Perinatal Statistics Department of Transport (Repeal of Regulation 1986 Penalty Notice Provisions) Regulation Government Response to the 1994, No. 438 Parliamentary Committee of Public Works Report of an Inquiry into Nambour Traffic Act 1949— Hospital—Block 6 and associated matters. Department of Transport (Repeal of Penalty Notice Provisions) Regulation MINISTERIAL STATEMENT 1994, No. 438 Changes in Ministry Traffic Amendment Regulation (No. 7) Hon. W. K. GOSS (Logan—Premier and 1994, No. 411 Minister for Economic and Trade Transport Infrastructure Act 1994— Development) (10.04 a.m.), by leave: I desire Transport Infrastructure (Ports) to inform the House that on 16 December Amendment Regulation (No. 1) 1994, 1994 Her Excellency the Governor accepted No. 451 the resignations of the Honourable Thomas 21 February 1995 10912 Legislative Assembly

James Burns and the Honourable Terence tenants in the paper and convinces them to let Michael Mackenroth as Ministers of the Crown it lease their properties. The company then and appointed the Honourable Thomas sublets those properties to tenants for profit. James Burns to be Deputy Premier, Minister From complaints it has received, Consumer for Emergency Services and Consumer Affairs Affairs is aware of a number of landlords who and Minister Assisting the Premier on Rural claim to be owed moneys by the company Affairs of Queensland and the Honourable under these lease agreements. One landlord Terence Michael Mackenroth to be Minister for has already successfully sued for payment of Housing, Local Government and Planning and moneys owed to her under a lease Minister for Rural Communities of Queensland. agreement. I lay upon the table of the House a copy In December 1994, it was recorded that of the Queensland Government Gazette of 16 Victor Ollis and Gail Lye, trading as Courtesy December 1994 containing the relevant Accommodation, were ordered by the notifications. Southport Magistrates Court to pay Ms B. McDonald $13,523.33 for rental arrears and electricity charges and $500 for legal costs. MINISTERIAL STATEMENT Unfortunately, as the company is the lessee Coast Accommodation Services Pty Ltd; under these agreements and does not act as Courtesy Accommodation a property manager for its landlords, its Hon. T. J. BURNS (Lytton—Deputy activities are not regulated by the Auctioneers Premier, Minister for Emergency Services and and Agents Act 1971. There appear to have Consumer Affairs and Minister Assisting the been no breaches of any other legislation Premier on Rural Affairs) (10.05 a.m.), by administered by Consumer Affairs, either. leave: I want to warn Gold Coast landlords Consumer Affairs is therefore unable to help about the unscrupulous activities of a landlords recover moneys owed to them under company called Coast Accommodation their lease agreements. However, this does Services Pty Ltd, which appears to trade as not mean that landlords have no remedies Courtesy Accommodation. Courtesy available to them. Landlords should seek Accommodation carries on the business of urgent legal advice about whether they should rental accommodation. terminate their leases and recover possession of their properties and then sue their lessees Also, I want to warn landlords about the to recover rental arrears and any other activities of Victor Ollis and Gail Lye, the joint moneys owed to them under their leases. I proprietors of Courtesy Accommodation. Gail understand that some landlords have Lye is also a director and secretary of Coast complained about bounced cheques. Some Accommodation Services Pty Ltd. Victor Ollis appear to have received a number of cheques was convicted in the Southport District Court in from their lessees which have bounced. As April 1985 of defrauding elderly people of bouncing a cheque may be a criminal matter, more than $700,000. He was sentenced to 12 these landlords should contact the years' gaol. The charge related to the Queensland Police Service. misappropriation of moneys and the making of false promises about a proposed retirement village to be built at Labrador. Two companies MINISTERIAL STATEMENT headed by Victor Ollis and another man, Gold Whistleblowers, Unresolved Cases Coast Investments Pty Ltd and Hibiscus Village Pty Ltd, had promoted the sale of the Hon. D. M. WELLS (Murrumba— Minister units in 1982. Some honourable members for Justice and Attorney-General) (10.08 a.m.), might recall that both companies were named by leave: As Minister responsible for provision in Parliament on 1 September 1982. It of legal advice to Cabinet, I have been appears that Victor Ollis may be running Coast instructed by the Cabinet to make the Accommodation Services Pty Ltd. The report following statement on behalf of the also said that a director of the three Queensland Government. companies has been required to provide the On 1 December 1994, the Senate Australian Securities Commission with any established an inquiry into a number of documents containing instructions from Victor so-called unresolved whistleblower cases in Ollis to those companies. Queensland and the role of the Criminal Coast Accommodation Services Pty Ltd Justice Commission in these cases. leases a number of properties on the Gold Apparently, particular focus is to be given to Coast. It appears that the company the persistent and defamatory allegations approaches landlords who have advertised for made by Mr Kevin Lindeberg and by Mr Legislative Assembly 10913 21 February 1995

Gordon Harris. It is understood that the of fairness to those persons who are the Senate committee is to conduct public subject of prosecutorial opinions. If hearings this week. accusations against a person are legally The Queensland Government is opposed assessed by an independent statutory officer, to this inquiry in principle. The inquiry is such as the Director of Prosecutions, and if unnecessary because the allegations raised that independent officer finds that there are no by Mr Lindeberg and Mr Harris have already grounds on which a prosecution can be been exhaustively examined by the CJC and, properly brought, then the person concerned in the case of Harris, also by the Parliamentary should be entitled to have those legally Criminal Justice Committee. Throughout these unsubstantiable allegations of guilt protected investigations, no officer of the Government from public scrutiny. has been found to have done anything wrong Indeed, similar files of the Director of or improper—quite the contrary. Prosecution exist with respect to members and The inquiry is also inappropriate because former members of this House. However, as the allegations concern the internal affairs of the prosecutor was unable to properly bring a Queensland, that is, they concern the prosecution, the State similarly owes to them execution of State laws and decisions made protection of their good character. However, a by State agencies and officials. These are not decision taken for exactly the same reasons matters that should properly concern the has been misrepresented by Mr Harris as Commonwealth House. The proper authorities evidence of a conspiracy to pervert the course for considering these allegations are the CJC of justice. Nothing could be further from the and the Parliamentary Criminal Justice truth. For some time now, the officers I have Committee—a committee of this House. It is mentioned, and other persons, have been quite inappropriate that the Senate should outrageously defamed by so-called purport to establish a committee to review the whistleblowers; their integrity and CJC, a role that has been assigned under professionalism have been called into State law to a standing committee of this question without any basis, and without regard Parliament. to the facts. The Government agrees with the editor of The Government has decided that a full the Courier-Mail, who described this inquiry as statement of its position on this new Senate nothing more than a "political stunt". The inquiry, and the principal allegations in Government has decided that it would not be question, should be made to this Parliament. appropriate for State officials to provide This statement should lay to rest the persistent assistance to the inquiry. It is stressed that this and unfounded allegations that have been policy applies only to officers of Executive referred to the Senate by Mr Lindeberg, Mr Government in their official capacity. It does Harris and others. A copy of this statement will not extend to the CJC, which will determine its be sent to the chair of the Senate committee, own response as an independent authority. Senator Murphy. Mr Speaker, I seek leave to table this detailed statement and have it However, this inquiry cannot go unnoticed incorporated in Hansard. by the Government. A number of public servants in Queensland have had their Leave granted. personal and professional reputations grossly Queensland legislative developments in maligned by Mr Lindeberg, by Mr Harris and whistleblower protection by certain others. In particular, I refer to the The House will recall that in 1994 Crown Solicitor, Mr Ken O'Shea, whose advice comprehensive whistleblower protection in respect of the Heiner inquiry was, at all legislation was passed by the Parliament (the times, fully professional. The attacks upon the Whistleblowers Protection Act 1994 (Qld)). Crown Solicitor in this matter are totally This legislation provides substantial protection unjustified and do little credit to those who for public officials who honestly and reasonably seek to report wrongdoing within the public have made them. and private sectors. I refer also to the Director-General and Whistleblower protection is an inherently officers of the Department of Family Services difficult area of law and administration. Any and Aboriginal and Islander Affairs, who also balanced whistleblower protection scheme acted properly, and in good faith, to deal with must taken into account a variety of competing the consequences caused by the inadequate interests. These include the public interest in legal basis of the Heiner inquiry. I refer also to having allegations of corrupt conduct my decision, as Attorney-General, not to uncovered and directed to proper investigating publicly release the opinion of the Director of authorities, and the interests of the Prosecutions in the Huey case on the grounds whistleblower in receiving proper protection 21 February 1995 10914 Legislative Assembly

from victimisation or reprisals. They also include "Whistleblowers Action Group". These persons - and this is sometimes forgotten by advocates included Mr Gordon Harris and Mr Kevin of whistleblower protection - the interests of Lindeberg. For some years Mr Harris and Mr those persons against whom disclosures are Lindeberg have been making unsubstantiated made in not having their reputations unfairly allegations or "disclosures" about the existence damaged by: of criminal "conspiracies" within government and Parliament to pervert the course of justice and . disclosures that might be reasonably made to persecute whistleblowers. Some of these at the time but which, on proper claims are not only unsubstantiated but also investigation, are found not to have highly defamatory. They have been relentlessly substance or are misleading; and if not vexatiously pursued by Mr Harris, by Mr . disclosures that are knowingly false or Lindeberg and by others, without proper regard misleading. to facts, to the reputations of honest public officials besmirched by the claims, and to the In framing the Whistleblowers Protection Act, independent investigations conducted by the the Government attempted to balance these CJC and the PCJC which have consistently competing interests. It did this by providing found no basis for these allegations. It seems very substantial legal protections for persons that these people are not able to understand, who make disclosures on reasonable grounds. or, indeed, do not wish to understand, the These protections include absolute immunity events concerned or the processes involved. from civil suit including absolute privilege in Everyone save themselves, is out of step. defamation proceedings. At the same time, the Act discourages dishonest complainants by Not content to pursue their claims in making it an offence for someone to knowingly Queensland, Mr Harris, Mr Lindeberg and other make a false or misleading disclosure. persons presented the Newman Committee with their allegations. This placed the Newman Under the Act, the CJC is given authority to Committee in a difficult position. The investigate reprisals taken against public Committee's terms of reference did not allow it officers who make disclosures to any relevant to examine these cases as the Committee was Queensland authority. So, for example, if a concerned only with the design of departmental officer complains to the Commonwealth whistleblower protection Ombudsman about maladministration within the legislation. Further, as the Committee itself officer's department and the officer is victimised concluded, that many of the cases "involved by fellow staff, the CJC is able to investigate organisations not within the Commonwealth's the complaint. Similarly, if a local authority jurisdiction", that is the Committee employee complains to the Auditor-General acknowledged that they were a State about substantial waste of the authority's funds responsibility. The Newman Committee and is victimised by the Town Clerk, the recommended that the Queensland employee can complain to the CJC. Government establish a further, independent investigation of these cases. The CJC has been substantially resourced to assist whistleblowers and has recently Government Response to Newman Committee established a Whistleblowers Support Program. The Premier wrote to Senator Newman on 10 However, whistleblowers do not have to rely on October 1994 outlining the Government's the CJC alone to receive protection. The Act position on this matter (the letter was tabled in gives them the right to lodge employee appeals the Legislative Assembly on 19 October 1994). (e.g. in respect of transfers), seek reinstatement The Premier's letter noted that the more or compensation from the Industrial Relations prominent Queensland cases mentioned in the Commission, and pursue action for damages Newman Committee's report had already been through the civil courts. subject to extensive, independent investigation by the proper authority established to Newman Committee investigate complaints of official misconduct in In 1994, the Commonwealth Parliament also Queensland, namely the CJC. The Premier considered whether the Commonwealth should referred in particular to the allegations raised by enact whistleblower protection laws within its Mr Lindeberg about the shredding of the Heiner sphere of responsibility. In September 1993, a Inquiry documents and allegations made by Senate select committee had been appointed, Gordon Harris and other persons concerning chaired by Senator Jocelyn Newman, to the alleged protection of former Police examine whether the practice of whistleblowing Superintendent John Huey. The Premier stated should be the subject of Commonwealth that: legislation and what form the legislation should "In respect of allegations raised by Mr take. The Newman Committee reported to the Lindeberg concerning the lawfulness of Senate in August 1994. redundancy payments made to Mr Coyne During the inquiry the Newman Committee by the Department of Family Services and received submissions from a group of persons Aboriginal and Islander Affairs, and the in Queensland associated with the self styled lawfulness of the destruction of Legislative Assembly 10915 21 February 1995

documents relating to the Heiner Inquiry, permanently constituted to oversee the the CJC concluded that there was no operations and performance of the CJC, official misconduct involved. namely the PCJC. This course has previously In respect of complaints concerning the been adopted by complainants in relation to the handling of allegations against Mr Huey, Huey matter with the result that the PCJC various matters have been subject to investigated their complaints and found no inquiries by the CJC and two separate wrongdoing. inquiries by the Parliamentary Criminal Because the more prominent cases had been Justice Committee (PCJC). In its first considered at some length by the appropriate investigation, the PCJC engaged two Queensland authorities, Senator Newman was senior NSW Police officers to conduct an advised that the Queensland Government did independent investigation. The NSW not support the establishment of yet another Police officers found that none of the investigation into these unsubstantiated complaints made to the PCJC could be allegations. As far as the Queensland substantiated. For its second inquiry, the Government was, and is, concerned, that PCJC engaged a senior Member of the should have been the end of the matter. Criminal Bar to assist the Committee. In a New Senate Inquiry majority report, the Committee found that none of the further complaints raised with However, certain Opposition members of the the Committee could be substantiated, Senate have not been prepared to accept the including a complaint that the investigation findings of the CJC, PCJC and even the by the NSW Police officers was not Senate's Newman Inquiry. Nor have they been thorough or independent. prepared to accept this matter as a State responsibility. Urged on by the Whistleblowers In its second report, the PCJC also Action Group, they have persuaded the Senate examined the prosecution of Mr Harris for to establish a new inquiry known as the Senate unlawful release of confidential Police Committee on Unresolved Whistleblower documents. The Report noted Mr Harris' Cases. This Committee has been tasked to conviction for unlawful disclosure of report back to the Senate on 5 June 1995 on confidential Police information and the the whistleblower cases referred to the subsequent confirmation of Mr Harris' Newman Committee, particularly the matters conviction by the Court of Appeal. The raised in connection with the Heiner and Huey Report referred to the judgement by the cases. Court of Appeal that Mr Harris disclosed confidential Police information for the The Queensland Government is disappointed purpose of pursuing his investigations with the actions of the Senate in establishing against Mr Huey when Mr Harris had been this new inquiry. instructed not to continue with the Put simply, this new inquiry by the Senate is investigation because of advice from the inappropriate. Director of Prosecutions that no further Firstly, the Heiner and Huey cases have already action against Mr Huey could properly be been subject to very considerable examination taken in law. The Court of Appeal found by the CJC and, in the case of Huey, also by that Mr Harris' conviction was correct as it the PCJC. could not have served to go on with a prosecution that was in law bound to fail Secondly, the allegations concern the internal or with an investigation that would bring affairs of Queensland, that is, they concern no offender to justice." alleged offences under Queensland law, and decisions made by State agencies and officials The Premier reminded the Committee that in who are accountable to the Queensland accordance with legislative arrangements Parliament, not the Senate. Indeed, under established since the Fitzgerald Inquiry, the Queensland law, the CJC has a direct proper authority for investigating complaints by accountability to the Queensland Parliament whistleblowers about official misconduct in through the medium of the PCJC. In the Queensland is the CJC. Most importantly, the Government's view, if any person has a Premier noted that the CJC has complete continuing complaint about alleged misconduct autonomy in conducting its investigations and by a Queensland official, or about the way in is required by the Criminal Justice Act 1989 which a complaint may have been handled, (Qld) to act independently and impartially at all such complaints should be directed towards times. It would not be proper or lawful for the the responsible Queensland authorities Government to attempt to interfere in the including the Queensland Parliament. It is most conduct of any particular investigation and it inappropriate that such complaints should be has never been the practice of the Government the subject of inquiry by the Commonwealth to do so. Parliament. The Premier also observed that any person Thirdly, this new inquiry will add to the already who is dissatisfied with an investigation by the considerable costs expended on investigation CJC has the opportunity to make a complaint of the Heiner and Huey complaints by the CJC, to the Parliamentary body which is and by the PCJC in the case of the Huey 21 February 1995 10916 Legislative Assembly

matter. The Chair of the PCJC has advised that WAG will be calling for yet another the two major inquiries into the Huey allegations "independent" inquiry into the cases. conducted by that Committee have already Having regard to all of the above factors, in cost the PCJC $36,425. The Queensland particular, the fact that this inquiry purports to Police Service advises that the Department also deal with issues that are properly a State has spent considerable sums on this case. For matter, the Government does not consider it example, Mr Harris' requests for access to appropriate that it should provide any documents under the Freedom of Information assistance to this new Committee. It is stressed Act has cost the Service an estimated $20,000; that this policy extends only to officers of that is, $20,000 for FOI processing alone. Executive Government in their official capacity. Indeed, the Huey matter has been the subject It does not extend to the CJC, which would be of numerous inquiries conducted at public expected to determine its own response to the expense. In addition to the inquires by the CJC inquiry as an independent authority. and PCJC, aspects of this case has been before the courts on four separate occasions. There is little doubt that other State As well, the matter was also considered by the Governments would adopt the same position if Newman Committee within the limits of its faced with a similarly constituted inquiry. authority. The Government regrets that it finds itself It is not coincidental that of the various opposed to a Commonwealth inquiry, not least whistleblower cases collected by the Newman because, since coming to office in 1989, the Committee the Senate, in establishing this Government has sought constructive inquiry, chose to focus on two cases which co-operation with various Commonwealth involved certain decisions by Queensland inquiries into issues of Commonwealth Labor Government Ministers (concerning which responsibility affecting the State. In this relevant Queensland authorities found no respect, the Government has always taken a impropriety). It is difficult to avoid the very different approach to that of the previous conclusion that the choice of these cases was National Party administration which routinely moved by anything other than a political desire ignored inquiries by Commonwealth bodies. to embarrass the Queensland Government in an However, in this particular case, the election year. It is certainly hard to see how this Government does not regard this inquiry as an new inquiry was informed by a genuine desire appropriate one for the Senate. to review Commonwealth whistleblower legislation, the subject of which has already The Government is concerned at the potentially been dealt with in detail by the Newman one-sided view that may be presented to the Committee. Committee by certain witnesses. Indeed, given the complexity of some of these cases, the One would think that there would be enough large amount of documentary evidence already whistleblower cases within the Commonwealth generated by the previous inquiries and the sphere to concern the Senate without needing limited time available for its public hearings, it is to examine Queensland cases, particularly when hard to see how the Committee will be able to the Commonwealth does not have a permanent obtain a reasonable, fair and balanced statutory body to examine misconduct perspective on the matters in question. allegations by whistleblowers and other public officials, as does Queensland. The Government does not propose to go over The Queensland Government is not all the numerous facts which are documented in embarrassed by allegations that have been the various reports, statements, transcripts and made by Messrs Lindeberg and Harris. At all exhibits that have been generated by the times the Government has co-operated fully Heiner and Huey cases. However, for the with the relevant investigations undertaken by record, certain facts must be re-stated. the appropriate Queensland authorities. Heiner Inquiry The Government frankly doubts whether Mr In 1989, the former Government established Harris, Mr Lindeberg and the Whistleblowers an inquiry into the management of the John Action Group will accept the results of any Oxley Youth Centre in Brisbane following Senate inquiry, however, constituted. The serious concerns raised by staff of the Centre. Whistleblowers Action Group has previously A retired magistrate, Mr Noel Heiner, was made known its view that whistleblower appointed to conduct the inquiry. At that time, allegations should only be investigated by a the manager of the Centre was Mr Peter body set up and run by whistleblowers Coyne. themselves, that is, the very persons who make the allegations should act as judge and Before the inquiry was completed, doubts jury into these allegations. No doubt if the emerged as to the legal basis and authority for Senate Committee does not find completely Mr Heiner's appointment and the conditions and fully in favour of the allegations made by Mr and legal protections under which it was being Lindeberg, Mr Harris and others (and the considered. Following advice from the Crown Government questions the Committee's Solicitor, the inquiry was terminated by the capacity to make such findings), then the Acting Director-General of the Department of Legislative Assembly 10917 21 February 1995

Family Services and Aboriginal and Islander In previous statements to this Parliament, the Affairs and the information gathered by Mr Government has quoted from the Crown Heiner (consisting mostly of tape recordings of Solicitor's advice of 16 February 1990 in which interviews) destroyed. Cabinet approval of the he advised that the Heiner documents were destruction of the material was sought and public records and therefore the consent of the obtained prior to the destruction. State Archivist was required before they could The principal allegation of Mr Lindeberg is that be destroyed (this approval was subsequently Cabinet's decision to approve the destruction obtained). This document has since been made of the documents was illegal because the available in full to Mr Lindeberg under a documents had been sought by solicitors for Freedom of Information request. It was Mr Coyne in threatened legal action against his considered that, as the document had been transfer within the Department. quoted in State Parliament, the legal privilege attaching to it had, in effect, been waived and The Government rejects any suggestion that its that its release to Mr Lindeberg would not be decision to approve the destruction was either inappropriate. For the information of the improper or illegal. Parliament, a full copy of the Crown Solicitor's Cabinet acted properly and in good faith to advice of 16 February 1990 is enclosed. rectify a very difficult situation for Mr Heiner, The Government has also decided to make and the staff of the Centre who had provided public three other relevant advices from the information to Mr Heiner in confidence. Crown Solicitor. These are also attached to this Following concerns raised by Mr Heiner, it was Statement. The advices are: ascertained that the previous Government had failed to constitute the inquiry under the . the Crown Solicitor's letter of 18 January Commissions of Inquiry Act meaning that Mr 1990 in which the Crown Solicitor advised Heiner, and the staff interviewed, were not that as Mr Heiner did not have commission afforded the usual immunity from defamation of inquiry status, his powers to call for proceedings that apply to commissions of persons and papers was limited and that inquiry and Parliamentary committees. Because the inquiry did not have protection from of its inadequate legal status, the Crown defamation proceedings; Solicitor advised that the inquiry should be . the Crown Solicitor's advice of 19 January terminated and the material gathered by Mr 1990 in which the Crown Solicitor Heiner during his investigation destroyed, confirmed that Mr Heiner had no power to provided that no legal action had commenced conduct the inquiry under Regulation 63 in which the material might be required. In light of the Public Service Management and of this advice, the inquiry was terminated and, Employment Act 1988; and subsequently, Cabinet approved that the . the Crown Solicitor's letter of 23 January material be destroyed. Before making its 1990 in which the Crown Solicitor advised decision on 5 March 1990, Cabinet was that: informed that representations had been received from a solicitor representing certain - the inquiry had gone astray and staff at the Centre. However, while these should be terminated; representations had sought production of the - Mr Heiner's informants had no material, no legal action had been instituted (nor statutory immunity from suit; was any legal action subsequently instituted). - the tape recordings of interviews Mr Lindeberg's complaints about this matter conducted by Mr Heiner and were investigated by the CJC which found no associated material should be basis to suspect official misconduct by destroyed, subject to the inquiry members of Cabinet or other public officers. having been terminated and no legal The CJC found that the members of Cabinet, action having commenced which and the public servants who destroyed the required the production of the documents, had a right to do because the material. approval of the State Archivist had been It must be stated that these documents would obtained and Crown Law had advised that be subject to legal privilege. It is not standard those who had given evidence to Mr Heiner did practice for Governments to release opinions not have immunity from defamation action from the Crown Solicitor, the Solicitor-General usually applying to such inquiries. In particular, and other Government counsel who have a the CJC also found that as no judicial right to expect that the advice that they give to proceeding had been instituted at the time of Governments as their clients should remain in the destruction of the documents, no member confidence. However, given the persistent and of Cabinet had acted contrary to law. While misleading allegations raised by Mr Lindeberg, legal proceedings had been threatened by Mr the Government considers that the documents Coyne's solicitors, none was ever formally should be released. instituted. No breach of the Criminal Code had therefore occurred, as claimed by Mr A more detailed account of the events relating Lindeberg. to the Heiner Inquiry and Mr Lindeberg's allegations is enclosed with this statement. 21 February 1995 10918 Legislative Assembly

Before turning to the Huey case, one final an honest belief formed on reasonable grounds observation should be made about the that the information that they disclose tends to position taken by Mr Lindeberg in this whole show that the particular wrongdoing has matter. This is Mr Lindeberg's apparent occurred (official misconduct, substantial waste disregard for the interests of the real of public funds, danger to the environment whistleblowers in this case, i.e. those youth etc.). The disclosure does not have to be workers at the John Oxley Youth Centre who objectively true. However, it must be raised concerns about alleged management objectively capable of giving rise to a belief that practices and whose whistleblower disclosures the information disclosed shows that the led to the Heiner inquiry being established. It wrongdoing has occurred. was partly to protect the interests of these staff Mr Harris' complaints were made prior to this that the Government moved to end the Act being enacted and therefore have not been uncertainty surrounding the legal position of tested against the provisions of this new the inquiry. It was also to protect the interests Queensland legislation. However, there must be of public officials in similar circumstances that considerable doubt as to whether Mr Harris' the Government introduced the Whistleblowers continued "disclosures" can be classed as Protection Act 1994 (Qld). As indicated above, "reasonable". this Act gives public officials complete immunity from civil action when honestly, and As suggested above, there may have been on reasonable grounds, they disclose grounds for Mr Harris initially pursuing the information to inquiries, tribunals or to allegations against Mr Huey, on the evidence management, which tends to show that provided to Harris, and for taking the issue to wrongdoing has occurred. the CJC. But to continue to pursue the matter after the relevant, independent authority had Huey Case found that the matter could not be taken further Mr Gordon Harris continues to make (that is, no criminal prosecution of Huey could unsubstantiated assertions that the "alleged properly be taken in law) and to continue to protection" of Huey amounted to a conspiracy make allegations about Mr Huey's conduct that on the part of the CJC, the Queensland Police could not be established in court, suggests that Service, the Director of Prosecutions, the Mr Harris was motivated more by subjective Attorney-General, the PCJC and other officials. considerations than a regard for due process of At the centre of Mr Harris' claims is a law. confidential opinion of the Director of Mr Harris has been unable to accept the Prosecutions (DP) of 27 August 1990 on the authority of the Director of Prosecutions in this Huey case. The Director of Prosecutions matter and has continued to make so-called advised that no further action could properly be "whistleblower" disclosures to a range of taken against Mr Huey as Huey had previously persons and bodies. Can Mr Harris still be been prosecuted in the matter in 1983 and that called a genuine whistleblower? It is certainly the case had been dismissed by the Magistrate. open to question how far Mr Harris' continued The Director of Prosecutions stated that to actions could reasonably fall within the bring renewed charges seven years later would parameters of any balanced whistleblower be "unconscionable and oppressive" citing, in protection scheme. support of this opinion, Jago v District Court of The Parliament should note that, at the NSW (1989). Attorney-General's direction, the Director of In the Government's view, it may have been Prosecutions' opinion of 27 August 1990 has reasonable for Mr Harris to have undertaken his not been publicly released. Mr Harris seems to initial investigations into the allegations made regard this as further proof of a conspiracy by against Mr Huey, and possibly also to have the Government to pervert the course of initially referred his concerns to the CJC. What justice. The truth of the matter is that the is quite misplaced is Mr Harris' continued opinion has not been publicly released out of pursuit of the case when, following the fairness to all persons who are subject to independent determination of the Director of prosecutorial opinions. This principle was Prosecutions, the decision was taken that Huey explained in a letter from the Attorney-General should not be prosecuted. As the Court of to the Chair of the Parliamentary Criminal Appeal observed, it was unreasonable that Mr Justice Committee reproduced on page iv of Harris should have continued to pursue the the November 1993 report of that Committee. case when no successful prosecution was In that letter, the Attorney-General stated that: possible in law. "It is a matter of fundamental principle that Mr Harris' case raises a fundamental question if a person is the beneficiary of a for those seeking to design whistleblower determination by a prosecutor not to protection laws. At what point should a prosecute that such a person should not whistleblower's disclosures warrant protection subsequently have the contents of such a and at what point do they cease to warrant this document aired to their detriment in protection? public...The mustering of all the adverse Under the Whistleblowers Protection Act (Qld) facts about a persons life makes almost the whistleblower is protected if he or she has every opinion as to whether a prosecution Legislative Assembly 10919 21 February 1995

should be brought highly defamatory if it has publicly acknowledged the backlog of were not covered by legal professional environmental rehabilitation and has stated, and privilege. It would be an oppressive met, its commitment to implement policies to detriment to place on any person who address this matter. was innocent unless proven guilty to In 1990 the Government and the DME adopted release any prosecutorial opinion about a clear and deliberate strategy to address poor them. environmental performance in the mining ...The principle of equal justice requires industry. A comprehensive planning framework that all citizens should be treated equally for environmental management was developed by the law. If I were to release the Huey in consultation with the mining industry and the Opinion or allow multiple copies to be DME. This framework is embodied in the made I would have to do that with Environmental Policy for mining in Queensland respect to every prosecutorial opinion and and supported by the Minerals Resources Act thus put the reputations and peace of 1989. This approach has progressively led to a mind of every citizen whose affairs had fundamental change in attitude and commitment ever been considered by a prosecutor in to environmental management by the mining jeopardy." industry. The Attorney-General, did, however, provide Despite numerous discussions with senior the PCJC with a copy of the Huey opinion and officers, Mr Leggate was unable to reconcile his also permitted the opinion to be shown to a personal views with either the thrust or the senior member of the Criminal Bar who had pace of policy reform adopted by the been engaged by the PCJC to provide Queensland Government and the DME, and independent expert advice to the Committee. requested a transfer to another section during In its majority report, the PCJC agreed that an interview on 26 February 1992. In due there was no justification for public release of course, a position commensurate with Mr the Huey opinion. Leggate's experience and qualifications was While the Government does not believe that it offered to him within the Forestry Division of should be necessary for the Huey opinion to be the Department of Primary Industries with no given further release, it has agreed that, should loss of remuneration or conditions, and which any member or members of the Senate he subsequently accepted. It is considered Committee wish to examine the opinion for that Mr Leggate's transfer was in keeping with themselves, the Attorney-General will arrange public service ethical principles which for them to be shown the document in recognise that: confidence. This offer extends also to the Committee Secretary and to legal counsel for . public officials are required to implement the Committee. an elected Government's policy and decisions in accordance with the Additional Cases to be considered by the Westminster system; Senate Committee . where serious and ongoing conflict exists The Government understands that, in addition between the officer's personal views and to the Heiner and Huey cases, the Senate the duties of his position, management has Committee intends to examine certain other responsibility to assist the officer to submissions made to the Newman Committee resolve this conflict of interest, including concerning the conduct of State Government where appropriate by way of transfer of departments. These submissions were made by the officer to other duties or Mr J Leggate, Mr W Zinglemann and Mr G re-arrangement of the officer's McMahon. responsibilities. Mr J Leggate In August 1994 the CJC inquiry into toxic Mr Leggate is a former officer of the waste disposal in South East Queensland was Department of Minerals and Energy (DME). It is extended to take evidence on matters relating understood that Mr Leggate made a to the mining industry in South East confidential submission to the Newman Queensland. Mr Leggate freely appeared Committee. before the inquiry and in media interviews The Government is aware that, since 1990, Mr without any restrictions imposed by the Leggate has made allegations about the Government. In the course of the inquiry, Mr Government's perceived failure, through DME, Leggate gave expression to his views regarding to take action against mining companies in the DME and the attitude of its senior officers Queensland over non compliance with to enforcement of environmental compliance. environmental controls. The inquiry found no evidence of official The present Government recognised a misconduct or breaches of other legislation to responsibility for addressing the inherited support this implication but did recommend legacy of poor environmental performance and further investigation of non-compliance by the the need to secure vastly improved mining industry and possible avenues to performance in the future. The Government address non-compliance in future. 21 February 1995 10920 Legislative Assembly

Prior to the CJC inquiry the Queensland Mr Greg McMahon Government had recognised the legacy of Mr McMahon is an officer of the Department of non-compliance, and policy reform had been Primary Industries. Mr McMahon made a initiated to fully address past and future submission to the Newman Committee claiming compliance matters. A process of public that he had suffered in his career as a result of consultation will be conducted to develop an his actions in 1989 relating to leave conditions Environmental Protection Policy for Mining for army reservists. under the Environmental Protection Act 1994. The Department rejects Mr McMahon's claim. Mr W J Zinglemann The Department has sought the inclusion of the Mr Zinglemann has made a number of Commissioner for Public Sector Equity in the allegations concerning the failure of authorities design of selection processes for positions for to investigate a variety of complaints made by which Mr McMahon was an applicant. This was him. Over the years, Mr Zinglemann has done not only to ensure that equity prevailed, communicated with the Fitzgerald Commission and appointment was made on merit, but also to of Inquiry, the Police Department, the Minister demonstrate to Mr McMahon that this was the for Police, a former Premier, the CJC, and more case. recently the Newman Committee. Various Enclosure to Ministerial Statement allegations have been considered by the CJC which determined that no further action would ACCOUNT OF EVENTS RELATING TO THE be taken. HEINER INQUIRY In his submission to the Newman Committee, The Heiner Inquiry Mr Zinglemann alleged inaction by the In 1989 a group of youth workers at John Queensland Police Service to investigate his Oxley Youth Centre became most concerned complaint regarding an alleged false affidavit about management practices at the Centre. made by the late Mr Colin Lee Long and an They called upon their union, the Queensland alleged conspiracy to defraud Mr Zinglemann State Service Union, to represent their and his wife. The Queensland Police Service concerns to the then Director-General of the rejects this allegation. Department of Family Services. In Mr Zinglemann's complaint arose from a civil contemporary parlance they became a group of action brought by Mr Lee Long against Mr "whistleblowers". Zinglemann seeking recovery of money which On 14 September 1989, the Director-General, Mr Lee Long claimed was owing on a house he the late Mr Alan Pettigrew, met with Ms Janine had built for Mr Zinglemann. In 1987 His Honour Walker, the representative of the Union. She Judge Given found for Mr Lee Long in the outlined the allegations of the whistleblowers. action and ordered Mr Zinglemann pay Mr Lee At the meeting, the Queensland State Service Long money owing. The Judge stated that "The Union sought the establishment of an inquiry male defendant (Zingelmann) as a witness was into management/staff relationships at John well nigh hopeless, as was the witness Bullen Oxley Youth Centre. The Union indicated it whom the defendants called." was prepared to provide the inquiry with Subsequently, Mr Zinglemann complained to specific details of incidents between the Queensland Police Service that Mr Lee management and staff. Long's affidavit was false. The Queensland On 28 September 1989, Mr Pettigrew attended Police investigated but the investigating officer a meeting at the John Oxley Youth Centre. He found great difficulty establishing Mr told staff of his discussions with the Union and Zinglemann's exact complaint. It was of his intention to have an independent determined that Mr Zinglemann's major investigation of the complaints if they were complaint was that he had been overcharged confirmed in writing. He recorded that "this by Mr Lee Long for the building of his house. proposition was acceptable both to However, this complaint had been addressed management and staff". during the civil hearing. On 10 October 1989, the Queensland State In 1990 Mrs Zinglemann informed the Service Union provided Mr Pettigrew with nine Queensland Police Service that her husband letters of complaint received by the Union in did not wish to talk any further with any response to his request that the complaints be Queensland Police officers. Consequently, no in writing. further action was taken on Mr Zinglemann's complaint. In their accompanying letter, the Union stated to Mr Pettigrew that these letters were A recent complaint by Mr Zinglemann to the provided to him "personally on the Minister for Environment and Heritage dated 22 understanding that they will not be circulated August 1994 (which makes allegations against widely". various officers of the Department of Environment and Heritage) was referred to the On 23 October 1989 the then Minister for CJC for investigation. The Department is Family Services, the Honourable Beryce awaiting advice of the CJC's findings on this Nelson MLA, announced that an investigation complaint. was to be conducted into the operation of the John Oxley Youth Centre. On 2 November Legislative Assembly 10921 21 February 1995

1989, the Minister approved the appointment of The Crown Solicitor raised "the possibility of Mr Noel Heiner, a retired former Stipendiary defamation proceedings arising out of any Magistrate to conduct the inquiry. Mr Heiner information" given to Mr Heiner. At this stage was appointed on 13 November 1989. the Inquiry had been running for six weeks. The terms of reference given to Mr Heiner for Staff had given evidence, in good faith, the conduct of the inquiry were general in believing that there was absolute privilege in nature and did not require him to make any respect of information provided to Mr Heiner. recommendations as to action that ought to be The Acting Director-General sought an taken as a result of any conclusions he might immediate appointment with Mr Heiner reach. because of the seriousness and urgency of Mr Heiner commenced the Inquiry on 22 this matter. The Acting Director-General was November 1989. On 5 December 1989, Mr most concerned to protect both the Pettigrew approached Mr Heiner to seek his whistleblowers and the subjects of the views as to whether the letters of complaint whistleblowing. made by the whistleblowers could be released The Crown Solicitor also advised that, through to the Manager, John Oxley Youth Centre, Mr no fault of Mr Heiner, the Inquiry had gone Peter Coyne. Mr Heiner indicated that he astray and that no useful purpose would be believed the letters had been provided in served by its continuation. If the Inquiry was confidence and could not be released. discontinued it was recommended that the However, Mr Heiner recognised the natural material provided to Mr Heiner be destroyed as justice issues which arise in such a situation. it related to an Inquiry which had no further Accordingly, he provided an assurance that all purpose. This advice was predicated on the staff members about whom any complaint had fact that no legal action had been been made would have ample opportunity to commenced. It was recommended that the answer all the allegations. material be destroyed to remove any doubt in In fact, Mr Coyne was subsequently provided the minds of persons concerned that it with documentation about the allegations and remained accessible or could possibly affect their sources. He acknowledged this in any future deliberations concerning the correspondence of 18 December 1989 when he management of the John Oxley Youth Centre indicated to Ms Ruth Matchett, then Acting or the treatment of any staff at the centre. Director-General, that he had in his possession Ms Matchett met with Mr Heiner on 19 January documents from the Inquiry which summarised 1990. Following this conversation, Mr Heiner the nine letters of complaint. wrote to Ms Matchett indicating he was not Following the State election on 2 December prepared to continue with the investigation. He 1989 and the change of Government, the stated, "The action taken by me to this point former Department of Family Services became was taken in good faith and in the belief that part of a new Department of Family Services the whole structure of my appointment and and Aboriginal and Islander Affairs. The authority to so act had been legally and Honourable Anne Warner MLA was appointed properly constituted by Cabinet downwards. I as the Minister for Family Services and am therefore ceasing from now to continue Aboriginal and Islander Affairs. Ms Ruth any further with the matter until I have Matchett was appointed Acting obtained written information and confirmation Director-General of the new Department from that my actions to date including my 11 December 1989. The former appointment and authority to act are Director-General of the Department of Family validated...". Services, Mr Alan Pettigrew, was appointed In response to this letter, Ms Matchett asked Acting Director-General of the Department of Mr Heiner to send the records to the Tourism, Sport and Racing. Department. The documents were sealed in the In mid-January 1990 Ms Matchett received a presence of Mr Heiner prior to the Department request from Mr Heiner and correspondence taking possession of them. At no stage were from departmental officers which led her to these sealed documents accessed by Ms consider how the Inquiry had been constituted Matchett or departmental staff. She did not and its jurisdiction. She formed serious read them prior to their being sealed. This was a concerns and sought advice from the Crown deliberate action as the Director-General Solicitor on 17 January 1990. His advice of the regarded it as entirely inappropriate to access 18, 19 and 23 January 1990 confirmed these improperly obtained information. The concerns (copies attached). Director-General was aware of the need to address the continuing problems at the John The advice of the Crown Solicitor revealed that Oxley Youth Centre in a fair and just manner, the Inquiry had not been properly constituted. and wished to reassure all staff, including Mr It was not illegal but it had none of the powers Coyne, that she would not be taking into nor afforded any of the legal protections of account the evidence presented to Mr Heiner in inquiries constituted under the Commissions of her future dealings with them. In actual fact the Inquiry Act 1950. Clearly the Inquiry should Director-General was totally unaware of the never have been set up the way it was. content of this information. 21 February 1995 10922 Legislative Assembly

On Wednesday 7 February 1990 Ms Matchett action at the time of the destruction of the wrote to Mr Heiner indicating that she did not documents. wish the Inquiry to continue. Furthermore she On 5 March 1990, prior to giving approval for indicated that the records of interview would destruction of the material, Cabinet was remain confidential. informed that representations had been This action was announced to staff on Tuesday received from a solicitor representing certain 13 February 1990 when the Director-General staff at the Centre. However, while these met with the staff of John Oxley Youth Centre. representations had sought production of the A central purpose of her meeting was to inform material, Cabinet was advised that no legal staff and management of the decisions and action had actually been instituted (nor was any actions regarding the Inquiry. The legal legal action subsequently instituted). difficulties which had been revealed, because In any case, the Department had acted to of the manner in which the Inquiry had been address the concerns of Mr Coyne - the Inquiry constituted, were outlined. had been closed down. Later advice from Mr At the time of announcing the cessation of the Coyne's solicitors related to his secondment, an Inquiry, the Acting Director-General offered to issue which was quite separate from the any staff member the opportunity to use the conduct of the Heiner Inquiry. departmental procedures for handling The Government had a responsibility to Mr grievances (established in accordance with the Heiner, the whistleblowers, and the subjects of Public Service Management and Employment the whistleblowing who had acted in good faith. Act 1988) as a means of having any unresolved The prevention of the 'publication' of material issues considered. No one did. which had been improperly gathered had to be addressed. On three occasions in early 1990 Cabinet considered what should happen with the All reasonable steps were taken to ensure that records of interview and other material the material could not be used detrimentally or collected by Mr Heiner. The sealed material was otherwise regarding the future work prospects forwarded to the Cabinet Secretariat. Advice of all participants. This included Mr Coyne. The was sought from the Crown Solicitor on 13 interests of natural justice had been served. It is February 1990 and provided on 16 February simply untenable to suggest that a conspiracy 1990. The Crown Solicitor advised that the to pervert the course of justice was Heiner documents were public records and contemplated by anyone. therefore the consent of the State Archivist was The Criminal Justice Commission Inquiries required before they could be destroyed. Two inquiries have been undertaken by the On 5 March 1990 Cabinet decided that the CJC. It is understood that the complainant in material be handed to the State Archivist for these matters was Mr Kevin Lindeberg. destruction. Prior to this, approval to destroy The first inquiry arose from a complaint made in the documents had been sought by the Acting December 1990. This was prior to Mr Coyne Secretary to Cabinet and gained from the accepting a redundancy payment from the Archivist on 23 February 1990. The approval of Department of Family Services and Aboriginal the Archivist followed examination of the and Islander Affairs in February 1991. However documents. The documents were destroyed on it was after Mr Coyne had stated to the Union 23 March 1990 by an officer from State and confirmed in writing to the Director-General Archives. An officer of the Department of in July and September 1990, that he did not Family Services and Aboriginal and Islander have any ongoing issues he wished to pursue Affairs was present simply because the apart from maintaining his current level of Department's equipment was used to shred the remuneration. documents. The CJC inquiry focused on the destruction of On 11 April 1990 The Sun newspaper reported the records of interview and other material the public announcement by the Minister for collected by Mr Heiner in the course of the Family Services and Aboriginal and Islander Inquiry into John Oxley Youth Centre. The Affairs that the material had been destroyed. CJC found that this had been undertaken properly and in accordance with the law. Much has been made about the destruction of the documents. In particular, there has been The Department of Family Services and the suggestion that the documents were Aboriginal and Islander Affairs was advised of destroyed because of pending legal action. the second inquiry in August 1992. This inquiry This was not the case. It is true that on a few focused on Mr Coyne's redundancy payment. occasions Mr Coyne and his legal The CJC found that payment was lawfully representatives had threatened legal action. made by the Minister under Regulation 9 of The first time this occurred was on 17 January the Financial Administration and Audit Act 1990, more than two months prior to the 1977 which authorises the Minister to make destruction of the documents. However, over special payments of up to $50,000. two months later no legal proceedings had Subsequently, it was ascertained that, been initiated. There was no pending legal unknown to the Department of Family Services Legislative Assembly 10923 21 February 1995

and Aboriginal and Islander Affairs and to A report on the progress of the project was Treasury, through an oversight Regulation 9 requested and provided to the Director-General had not been formally approved by the in June 1990. Some stages of the project had Governor-in-Council, meaning that the Minister taken longer than anticipated and in August the was authorised to approve special payments of Director-General approved the extension of Mr up to $6,000 only. Following advice from Coyne's secondment for a further six months. Crown Law, the payment to Mr Coyne was This would take the secondment to February written off as a loss. The CJC found that the 1991. error was a genuine mistake and that "there is On 10 January 1991, Mr Coyne met with the no reasonable basis for any suspicion of official Director, Finance and Organisational Services, misconduct on the part of any person in relation Mr Gary Clarke, the Divisional Head, Protective to this payment to Mr Coyne". Services and Juvenile Justice, Mr Leigh Mr Peter Coyne Carpenter and Mr Brian Tierney of the Professional Officers Association. Mr Hamilton, At the time of the Heiner Inquiry, Mr Coyne also of the Professional Officers Association, was the Manager of the John Oxley Youth attended the meeting. The meeting was Centre. arranged following a telephone conversation The serious management issues which existed between Mr Clarke and Mr Coyne. at the John Oxley Youth Centre prior to the Mr Coyne indicated to Mr Clarke that he would Heiner Inquiry still existed when the Inquiry was be seeking retrenchment. closed down. The Director-General, On 7 February 1991 the Governor in Council Department of Family Services and Aboriginal approved the retrenchment of Mr Coyne from and Islander Affairs, would have been negligent 8 February 1991. not to have addressed these problems. Mr Coyne was paid $27,190 and a Deed of Therefore at the closure of the Heiner Inquiry, Settlement was entered into between the the Acting Director-General determined that in State of Queensland and Mr Coyne. Mr Coyne the interests of the care of the children at John did not indicate that he had any concerns Oxley Youth Centre and the good management about this. Mr Lindeberg has falsely claimed of the centre, Mr Coyne be seconded to that Mr Coyne signed the agreement under undertake duties in central office. duress. At the time of Mr Coyne's secondment, it was apparent that there was considerable conflict SUMMARY between himself and a group of staff at the John Oxley Youth Centre. Such a level of It should be noted that in this case many ongoing conflict between the workers and individuals have been the subject of persistent management created a volatile situation in a and unsubstantiated allegations. detention centre in which a number of incidents Mr Lindeberg has made submissions to a had occurred in the previous months. The number of agencies including the CJC, the Director-General was obliged to consider her Electoral and Administrative Review duty of care towards the resident children. It Commission, the Cooke Inquiry and the would have been unacceptable to ignore the Queensland Audit Office on issues related to situation. However, Mr Coyne's professional this matter. knowledge and skills were such that he could Mr Lindeberg's submission to the Senate be expected to make a contribution to the Select Committee on Public Interest developments occurring in the youth area. Whistleblowing contained inaccurate and With the change of Government and the misleading statements, inferences and subsequent need to review programs, a number innuendo. of priority projects had been identified across It has been suggested that a major conspiracy the Department. In particular, a project within which has no real beneficiary has been entered the youth program relating to the provision of into over this relatively straightforward matter. departmental services to young offenders was The fact is that there was no conspiracy. Nor identified. The scope of this project made it was there any motive for a conspiracy. The necessary to assign an officer on a full time facts are: basis. It was considered that Mr Coyne had the . In November 1989 the Government of the relevant experience and knowledge to day made a mistake in the way the Heiner undertake the project. Inquiry was established. Genuine The purpose of the project was to review whistleblowers and others were left services to young offenders in Queensland and unprotected. propose goals and objectives for the future . The only material that has been shredded development of services to young offenders is the improperly obtained information provided by, or financially supported by, the which was legally destroyed following Department. Mr Coyne was seconded to work legal advice. on the project for six months, from 14 February . This was done to protect all parties to the 1990. proceedings who had acted in good faith, 21 February 1995 10924 Legislative Assembly

including Mr Heiner, Mr Coyne and the of Queensland in the loss they have whistleblowers. sustained." . The Government made public the Thomas Gilmore was born on 7 May 1908 information about the destruction of the in Wolfram Camp, the son of John, a miner, improperly gathered material. and Jane. Tom Gilmore was educated in . This matter has been scrutinised, without Cairns. Upon completion of his education, adverse findings as to the actions of the Tom Gilmore was employed as a clerk for the Department of Family Services and Cairns Harbour Board. After pursuing a variety Aboriginal and Islander Affairs or its officers, by two Criminal Justice of work, including engine driving at the Commission inquiries. Mulgrave mill, ambulance bearing and sugarcane farming in Babinda, Tom began . The management problems existed at the tobacco farming in 1932. John Oxley Youth Centre before and after the Heiner Inquiry. It would have been In 1936, Tom married Anne MacDonald negligent not to have acted to address and had two daughters, Marjorie and Linley, these problems. and a son, Tom. Tom Gilmore served in the . Mr Coyne did not initiate any litigation in Royal Australian Air Force from 1942 until relation to the Heiner Inquiry. No 1947. He was a pioneer of the tobacco responsible Government would defend industry. He was a member of the Queensland inaction indefinitely on the basis of Tobacco Leaf Marketing Board from 1948 to threatened legal action. 1954. He became chairman of the board in ATTACHMENTS 1960 and served in that capacity until 1963. Copy of letter to Acting Director-General, He was also the Chairman of the North Department of Family Services and Aboriginal Queensland Tobacco Growers Cooperative in and Islander Affairs from the Crown Solicitor 1954. dated 18 January 1990 Not only did Tom Gilmore have a Copy of letter to Acting Director-General, longstanding involvement in the tobacco Department of Family Services and Aboriginal industry, he also served the Mareeba Rodeo and Islander Affairs from the Crown Solicitor Association and the Mareeba Motor Cross, as dated 19 January 1990 well as many other community groups, for Copy of letter to Acting Director-General, many years. Tom Gilmore was also a member Department of Family Services and Aboriginal of the Brahman Cattle Breeders Association. and Islander Affairs from the Crown Solicitor dated 23 January 1990 In 1949, he was elected as the Federal Copy of letter to Acting Secretary to Cabinet member for Leichhardt and held the seat until from the Crown Solicitor dated 16 February he was defeated in 1951. He later served as 1990 chairman of the local branch of the Country Party and a member of the central committee. On 3 August 1957, Tom Gilmore was elected MOTION OF CONDOLENCE as the member for Tablelands. He Deaths of Hon. A. T. Dewar and Mr T. V. represented Tablelands in this House until his Gilmore defeat at the 1963 election. As members would know, his son, Tom, now represents the Hon. W. K. GOSS (Logan—Premier and Tablelands in this House. Tom Gilmore is Minister for Economic and Trade Development) (10.13 a.m.), by leave, without survived by his wife and children and their notice, I move— families. On behalf of the Parliament, I extend my sympathy and that of this House to his "1. That this House desires to place family. on record its appreciation of the services Alexander Dewar was born on 19 June rendered to this State by the late Honourable Alexander Tattenhall Dewar, 1912 in Kedron, the son of Alexander, a a former member of the Parliament of leather manufacturer, and Elizabeth Dewar. Queensland and a Minister of the Crown, Alexander Dewar was educated at Chermside and the late Thomas Vernon Gilmore, a State School, Wooloowin State School and former member of the Parliament of Commercial High School. Upon completion of Queensland. his education, he joined the family leather manufacturing business in Kedron. In 1942 2. That Mr Speaker be requested and 1943, he served with the 2nd Australian to convey to the families of the deceased Imperial Forces Armoured Division. He served gentlemen the above resolution together with the Royal Air Force from October 1943 with an expression of the sympathy and until January 1946. Alexander Dewar trained sorrow of the members of the Parliament with the Royal Australian Air Force in the Legislative Assembly 10925 21 February 1995

British theatre of war and was commissioned Cloncurry to Canberra that the times were in in Canada. fact Tom Gilmore's creature to use for the In November 1946, he married Ailsa Drain betterment of others in the far north. and they had one son. Alexander Dewar Tom Gilmore was born on 7 May 1908, showed a great deal of concern for young brought into the world by his young sister, who people and the community. He was the attended to the birth. From this time, it would President of the Spastic Appeal, Chairman of have been reasonable to assume that he the Greater Brisbane Youth Clubs Association would have known the importance of family. and the parliamentary representative on the Indeed, it would not be wrong to suggest that Metropolitan Fire Brigade Board. Also, he his strong sense of family and his equally chaired the parliamentary committee on the reverent view of community characterised his problems of youth from 1957 until 1959. personal and political development. As a Alexander Dewar was seen as a key young man, he worked in an office for the member of the Liberal Party for many years. wharves, on the locomotives as a fireman, for He was first elected to the seat of Chermside the community as an ambulance officer and in 1950 and held this seat by a comfortable on the land as a sugar and tobacco grower. margin until 1959, when his seat was merged He served in the Royal Australian Air Force with the new Wavell seat, which he won in and, while being considered too old to go to 1960. He was a member of the State war, was commissioned to grow fresh produce Executive and was also active in the party's for the allied troops in New Guinea from his public relations committee. In January 1963, far-north Queensland post. Alexander Dewar was elevated to Minister for He entered the Federal Parliament in Labour and Industry and in 1965 became the 1949 as the member for Leichhardt, which, in Deputy Leader of the Liberal Party. In June geographic terms, resembled the enormous 1967, he relinquished his position as Minister size of some of Queensland's north-western for Industrial Development and Deputy Leader electorates today. The major difference in of the Liberal Party for family and business logistics, however, is that in those days flight reasons. As Minister for Industrial transportation was limited, and getting to Development, Mr Dewar was remembered for constituents who were as far flung as bringing important industries to the State of Normanton was a monumental task in itself. Queensland, including the establishment of a Tom today tells the story of his father's fertiliser works by Austral Pacific. Alexander experience of flying. It was based on a theory Dewar remained in Parliament as a backbench that one ran like hell and hoped the thing Liberal member until he was defeated in the would stay up and fly. Although I might not be 1969 election. On behalf of all members of the best one to talk of flying experiences, I will Parliament, I extend my sympathy and that of go as far as to say that Tom would be far this House to his family. more comfortable about taking up a plane Mr BORBIDGE (Surfers Paradise— today than he would have been back then. Leader of the Opposition) (10.19 a.m.): I The family car was used a lot on those second the motion moved by the Honourable electorate trips. The rough, unsealed roads the Premier in respect of the passing of the through the far north and lower reaches of late Honourable Alexander Tattenhall Dewar Cape York Peninsula led to the vehicle's early and Mr Thomas Vernon Gilmore. It was with demise and a greater reliance on train travel. deep regret that I learnt of the passing of Tom Tom's strident push for better shipping Gilmore Senior on 15 November 1994, at the services to northern Queensland was not so age of 86. I would like at the outset to extend much for his own travelling convenience as for on behalf of myself and my colleagues in facilitating a greater transport and Opposition my condolences to my communication network for far-north parliamentary colleague Tom Gilmore, a Queensland pioneers. His push was also valued member of this House and a credit to motivated by a strong desire to see a drastic his father and parliamentary predecessor. increase in the capacity for primary production It could be said of Thomas Vernon and export of produce to and from the top of Gilmore that he was a creature of his time. His Australia. pioneering spirit and his sense of initiative Tom senior is on record in the Federal came at a time when it was both needed and Hansard as urging the Government to help expected by those who had settled in the populate the north by promoting immigration, small community of Wolfram Camp in far-north investing in basic infrastructure and supporting Queensland before the turn of the century. It the primary industries of sugar and tobacco. has been recognised by people from Cairns to Irrigation, roads and transport facilities were 21 February 1995 10926 Legislative Assembly high on his agenda. Tom talked of his great Spastic Appeal, infrastructure development in concern about the shortages of essential housing and roads and education. commodities in the far north of Australia, while Alex's terms as State member for at the same time hearing the echoes of a Chermside and then the birth of Wavell in scream by a section of people in the heart of 1960 were defined by his maverick style. Not Sydney because they could not drive their cars averse to taking on the Labor Government or over the Sydney Harbour Bridge without his own conservative Government, he was paying a small toll. known to openly challenge party alignment if During his time as a Federal member and he thought that it was threatening to usurp the his term as State member for Tablelands, Tom rights of the individual. Alex was fiercely loyal would have encountered a great many to family and friends. He did not follow a blind hardships, not the least of which would have path of partisanship, however, which could see been the great many times that he had to be him compromise his staunch beliefs as a away from his family. As there were no servant of the people. His affection for the secretaries afforded to the great majority of conservative cause was tempered by his members in those days, his wife and mother forced resignation in 1967. Notwithstanding of three would juggle the additional role of the brave manner in which he dealt with the secretary, sitting on the verandah at home rumour and innuendo that surrounded this typing correspondence and other resignation, it was his expressed parliamentary communiques. disappointment in the dog-eat-dog world of Despite an obvious degree of isolation personality politics that came through as an and limited time to pursue his love of and indelible reminder of the strength of the commitment to causes such as the promotion individual. The man battled against damaging and marketing of the north's tobacco industry, monopolies in private enterprise. He fought rodeo and his family concerns, Tom senior led tooth and nail to allow the once-renowned a fortunate life. This is the opinion of his son leisure park and pool complex, the Oasis in and the present member for Tablelands, my Sunnybank, to keep koalas when Lone Pine friend Tom Gilmore. It would be easy to Sanctuary had secured a handling monopoly. lament the loss of personal time to politics, but Instead of a battle based on the tourist like father like son, such a selfless perspective attractiveness of the animal, it became a fight reigns in the Gilmore family. On behalf of the for free enterprise and fair and reasonable coalition, I extend my sincere sympathies to management of the species. Tom's family and friends. Alex Dewar was a poetic speaker in On behalf of the Opposition, I also extend Parliament, often relying on John Donne or our sincere condolences to the family of biblical references to supplement the strength Alexander Tattenhall Dewar. Born on 19 June of his parliamentary delivery. He would preface 1912, Alex Dewar's life was predicated on a debates with the commonly used reference to series of battles. Obviously, World War I, two the Crown, but with added relish that indicated years after his birth, and World War II, in which an undying loyalty and dedication to the he fought, were literal battles that he lived Queen and the British way of life that through. It was his battles for the betterment predominated in Australia during the 1950s of Queensland, both in the industry sphere and early sixties. The then Premier, Frank and community development realms, that Nicklin, noted Alex's greatest political seemed to determine life experiences that saw achievements as lying in the areas of industrial some personal and professional highs and development, international investment and lows. expansion of enterprise in Queensland. One project that still stands testimony to this is the Born to parents who owned a leather fertiliser plant at Gibson Island. Its manufacturing factory and growing up in establishment by international firm Austral Brisbane, Alex gained a great appreciation of Pacific, now known as Incitec, from the the needs of Queensland's secondary industry negotiations to the final clinching of the deal base. At the same time, he was well aware of was orchestrated by Alex Dewar, and it the social malaise which seemed symptomatic remains a very important monument to his of an increasingly industrial and commercial achievements. city. His involvement in politics from an organisational level to his election to Alex Dewar will be remembered for his Parliament in 1950 saw him flourish in the role unyielding adherence to the importance of as an advocate of deserving causes such as community and an uncompromising youth concerns, employment creation, dedication to his job as the people's servant. community initiatives, such as the Queensland Again, on behalf of the coalition, I extend my Legislative Assembly 10927 21 February 1995 sincere condolences to Mr Dewar's family and Tom Gilmore was 86. They reached that age friends. despite the fact that they spent most of their Hon K. E. De LACY (Cairns— Treasurer) lives, or a large proportion of their lives, (10.27 a.m.): I seek to join this condolence saturated in arsenic, DDT, dieldrin, endrin—all motion, particularly to Tom Gilmore Senior, a of those dreadful chlorinated hydrocarbons person whom I knew well and who had a long and other chemicals that would make people association with my family. If there is an these days take out placards and protest against if they thought they were even in the appropriate epitaph to Tom Gilmore—or, as same city as them. There was a saying in the we refer to him these days, Tom Gilmore tobacco industry that they actually preserved Senior—it would be that he was a pioneer and people. a fighter for the tobacco industry. To a certain extent, my father also played that role. Tom Mr Burns: And they were smokers. Gilmore began growing tobacco in Mareeba in Mr De LACY: Yes, they were smokers. So 1932. My father began growing tobacco in I guess they had a lot going for them. Dimbulah in 1931. They were colleagues and, Tom Gilmore had a great concept of although they had their differences of opinion public service. He obviously had politics in his and they were on opposite sides of the blood as well, having served both as a Federal political fence, they had very much in and a State member. As the Premier said, he common. When we look back on people's lives, it is appropriate that we focus on those was the Federal member for Leichhardt; I think things that were positive and, as somebody when Leichhardt was first established in 1949. else said in a different context, we often find For two terms, he was also the State member that the things that unite us are much greater for the seat of Tablelands, which of course his than the things that divide us. son Tom now holds. The last time I saw Tom Gilmore Senior As I said, Tom Gilmore Senior and my was at the fiftieth wedding anniversary of two father had much in common. Firstly, they Mareeba identities, Jim and Ivy Blakeney. shared a passionate belief in the tobacco Tom did not share a common political ideology industry. They both fought all of their lives for with Jim Blakeney either, but they were also the tobacco industry. It is sad when one life-long friends. I think they were friends firstly considers that today the tobacco industry is because they had a common birthplace. They facing such troubled times. To a certain were both born in Wolfram Camp, a place extent, that is a reflection of the anti-smoking which I suspect not many people in this place movement throughout the world and the fact have heard of. I was actually a miner in that tobacco smoking is not looked on in the Wolfram Camp for a couple of years, so it is a same way as it used to be. To a certain place which has memories for me—not extent, it reflects the success of those who necessarily fond memories. Secondly, they fought so long and so hard to develop a were very ardent supporters of and strong and protected industry, which is no contributors to the Mareeba rodeo effort and longer appropriate in this day and age when the Mareeba Rodeo Association. Tom the world is much more competitive and Gilmore, Jim Blakeney and all of the global. Blakeneys and others worked long and hard to Secondly, Tom Gilmore Senior and my ensure that the Mareeba rodeo is one of the father had a similar belief—and this is strange principal rodeos in Australia. for people from different sides of the political Perhaps I will simply finish where I began. fence—in those principles of orderly marketing I think it is appropriate, when we are looking and the need for stabilisation schemes for back on people's lives, to reflect on the industries such as tobacco. They both positives and those things which unite us. I supported those principles all of their lives. think it is fair to say that Tom Gilmore lived a They both served on industry organisations. long life that was dedicated to public service. Tom Gilmore in particular served as a member Many of his achievements are quite of the Queensland Tobacco Leaf Marketing remarkable. I, on behalf of myself, my family, Board. He was chairman of that body, and he and I think I should say on behalf of the far- was also chairman of the North Queensland north Queensland community, extend to Tom Tobacco Growers Cooperative, on which my junior and his family all of our sympathies and father served for 25 years. condolences. Finally, what they had in common is that While I have an opportunity, although I they both lived long and healthy lives. My never met Alexander Dewar, I would just like to father died some years ago at the age of 90; place on record my condolences to his family. 21 February 1995 10928 Legislative Assembly

Mrs SHELDON (Caloundra—Leader of Alexander Dewar was a former Deputy the Liberal Party) (10.33 a.m.): I, too, wish to Leader of the Liberal Party who made his take this opportunity to record my condolences contribution to his State and his nation in and those of the Liberal Party to the family many fields. In addition to his service as a and friends of Mr Tom Gilmore Senior and, in senior Minister in the Nicklin coalition particular, to his son and my shadow Cabinet Government, Mr Dewar was a wartime soldier colleague Tom Gilmore and his wife, Sally. and flying officer, as well as a manufacturer Tom Gilmore Senior was a Federal member and horse breeder. Mr Dewar was active in the for the seat of Leichhardt from 1949 to 1951 Queensland branch of the Liberal Party from and State member for the seat of Tablelands its foundation. He was elected to the State from 1957 to 1963. His life was a history of seat of Chermside on 29 April 1950. service to the community of north Queensland In Opposition he campaigned against at a time when the region was very much problems in education and housing. He was frontier territory and in need of just about every appointed to Cabinet in January 1963 as Government service, and very short of the Minister for Labour and Industry after a short necessities, like roads and rail lines. period as acting Minister. He was promoted to Apart from his service at both State and the position of Minister for Industrial Federal levels, Tom Gilmore Senior Development in 1965 and became Deputy represented his fellow tobacco growers on Leader of the Liberal Party that same year. He various committees and as Chairman of the resigned in June 1967. Tobacco Leaf Marketing Board. Tom Gilmore Alexander Dewar achieved a great deal in Senior campaigned throughout his public life the Ministry. He was instrumental in the for the families on the land—everyone from establishment of the Gibson Island fertiliser tobacco and sugar growers to dairy producers. industry, which continues to make a solid Back in the 1950s, he also advocated contribution to the State economy by way of Queensland's future as a producer of minerals jobs, exports and support for our rural and called for the State to take advantage of industries. He was a community-minded its natural mineral base. He also fought politician who served the city and the people strongly for communication and transport of Brisbane through his association with the connections to relieve the isolation of farming greater Brisbane Youth Clubs Association and and mining communities in far-north as parliamentary representative on the Queensland. Metropolitan Fire Brigade Board. Even in his Tom Gilmore Senior did not just fight for early years in politics, Alexander Dewar the larger mining companies, he also fought showed that not only was he an avowed anti- for the rights of the small prospectors. A communist, but that he was also prepared to problem facing Queenslanders today also fight for better services and conditions for all faced Queensland in 1957 when the coalition Queenslanders. Government first came to power: a lack of In 1956, he began a successful campaign adequate health facilities. Tom Gilmore to have mortuary facilities in Brisbane campaigned for more hospital beds and for upgraded and staffed to an acceptable more hospital wards in far-north Queensland standard. His efforts were sparked by the and throughout rural Queensland. Similarly, he death of his mother which resulted in a faced a problem in 1957 with the provision of nightmarish weekend visit to the city morgue. adequate rail equipment and services. With The truly Dickensian facilities he found on that his history in tobacco and sugarcane growing, occasion were largely symptomatic of the his community involvement and his times and his reaction showed that he was encyclopaedic knowledge of north determined and capable of making changes. Queensland and its people, Tom Gilmore In other debates, he railed against the postwar Senior has left a legacy of good works and housing performance of the Labor State good public service which helped build far- Government and fought for improved support north Queensland into the vibrant region it is and services for young Queenslanders, an today. That legacy has included the effort that must now be revisited. I offer my continuation of his active community service condolences to his family and friends and I through his son Tom, who sits with us here support the motion. today. Such representation over two generations in this House is rare and the Mr GILMORE (Tablelands) (10.38 a.m.): Gilmore family should feel proud that they As is customary, I rise to speak in the have achieved so much for their community, condolence motion moved for a previous the seat of Tablelands and far-north member for the electorate of Tablelands. I Queensland. I again offer my condolences to thank members for their condolences Tom and his family and friends on their loss. expressed. Legislative Assembly 10929 21 February 1995

Tom Gilmore was born in the small mining Menzies, McEwen, Artie Fadden and many settlement of Wolfram Camp which, as has others. The man, however, who most already been said this morning, is a particularly influenced his political career was Ben Chifley. small town now. In fact, there are very few They spent many pleasant hours together. people there. However, in 1908 it was a pretty Because they both resided at the Currajong robust mining town. It is situated about 80 Hotel in Canberra, they spent many hours kilometres to the west of Mareeba. Members together at night; they used to walk together will remember that there was a condolence to the Parliament in the morning, and they motion in this House during the last session for discovered that they had much in common. the late Bunny Adair. He, too, was born in On many occasions, he told me that Ben Wolfram Camp. Chifley was a man of great dignity and honour. Tom Gilmore was brought into this life, as Interestingly enough, as long as they knew has already been said, by his 10-year-old each other, they always addressed each other sister, who acted as midwife, and who later as Mr Chifley and Mr Gilmore. Whilst he also delivered the twins—the brother who lived commonly rubbed shoulders with those men and the sister who died. His sister is the last and other great men of his time, he was never remaining member of the family and she is affected by that experience and he never lost living in Brisbane today at the age of 95. I his common touch. think members will agree that this was an Of his short period of tenure in the inauspicious beginning to a long life. Federal Parliament, he was most proud of his He was a man with a deep commitment successful sponsorship of the argument in to a number of causes and to those things favour of paying wages to the families of that interested him. He had a long and active people who were compulsorily in hospital due political life and on many occasions he joked to tuberculosis. He believed that he was with me that he knew more about losing influential in that decision having been made, elections than any other man alive, because and it saved literally thousands of Australian he had lost more than most. Nonetheless, he families from extremely difficult times. did serve in both the Federal Parliament for a He often joked with me as he short period and in this Parliament as the remembered his career in this place, which member for Tablelands for six years. He was regrettably lasted for only six years. One of the one of only two conservative politicians to things that he often joked about was his many represent Leichhardt in the Federal Parliament clashes with the late Wally Wallace in this since Federation. Parliament. The day that Wally accused him of In his early years, he worked at many something that he believed to be untrue, he tasks, ranging from office boy in the Cairns offered to fight him in the street over it. Those firm of Armstrong, Ledley and Stillman to costs days are long since gone. The real characters clerk on the wharves at Cairns. He fired seem to have fled this Parliament. locomotives in the sugar tramway system and Other than his family, he had two great he was an ambulance officer. He was passions—the tobacco industry and the rodeo. remembered as the best costs clerk that the He was at the forefront of influence in the wharves ever had. He learnt early in the piece affairs of the tobacco industry for as long as to add up one column and guess the rest, and the years and the electorate allowed. Even to he was much in demand. the time of his death, he was passionately He and his brother settled the farm at interested in and outspoken on industry Emerald Creek in September 1931. That farm matters. He gave much of his life to the was to become his lifelong home. He still Mareeba and District Rodeo Association as a resided there at the time of his death in committee man, president and worker. He was November 1994. As was mentioned by the a life member of that association. Some of his Honourable the Treasurer, my father, along most prized possessions were a genuine with his many farming colleagues, was often Calgary Stampede stetson hat and a string tie. covered with various deadly poisons as a He led an interesting life. I believe that it is result of leaky knapsack sprays and an a measure of that life that, after 86 years of ignorance of the potency of those things, but vigorous involvement in his community, he he always joked with me that as a result of was universally respected and is remembered that he never had worms. He said that it was with affection. very, very efficacious in that way. Honourable members: Hear, hear! During his political life, he met with, fought Mr T. B. SULLIVAN (Chermside) with and counted among his friends some of (10.44 a.m.): I rise to support the motion and the giants of his time—people such as will speak briefly about Alex Dewar. Previous 21 February 1995 10930 Legislative Assembly speakers have outlined the life and Mr ROWELL (Hinchinbrook) (10.47 a.m.): achievements of the late Alex Dewar during I am privileged to speak to this condolence his term of office, and since Alex Dewar motion for the late Thomas Vernon Gilmore. I represented the areas of Chermside and first met the late Thomas Vernon Gilmore Wavell Heights, which lie within my electorate, about 40 years ago when he was Chairman of I wish to comment on the substantial the North Queensland Tobacco Growers contribution that he made to the local Cooperative Association in Mareeba. Tom's community. involvement as chairman and director Alex Dewar and his late wife lived in an commenced in 1947 and, except for a few unpretentious suburban house in Power years, continued until 1956. For the greater Street, just off Shaw Road. The Dewar family part of the period between 1953 and 1975, was one of the thousands of families who, Tom also served as a member of the Tobacco immediately following World War II, settled in Leaf Marketing Board. From 1961 to 1963, the new suburbs just to the north of Kedron Tom took on the added responsibility of Brook. During his time in Parliament—1950 to chairman. 1969—Wavell Heights had a high percentage The tobacco farm that Tom Gilmore lived of families with young children, and many on at Emerald Creek has grown good tobacco community groups were established to cater over the past 50 years and is renowned for its for the needs of those families. good quality leaf, despite the challenges that As the local member, Alex Dewar gave faced growers during that period. As has been strong support and leadership to various said, Tom first became involved with growing groups. Current local residents such as Keith the crop in 1932 and, during his working life, Boden and Jim Mudge well recall the positive worked in a range of occupations. Between support that Alex Dewar gave to so many 1942 and 1947, he served in the RAAF. people. With a local resident, Las Olsen, Alex During the early 1960s, it became evident Dewar helped establish the Wavell Heights that some form of stabilisation was required for Kindergarten which, since its opening on 5 the sale of the tobacco crop. Although the March 1960, has contributed to the stabilisation scheme was introduced in 1965, a development of preschoolers in the area. Four great deal of negotiation occurred between of my own children are among the thousands the board, Governments and the companies who have benefited from Alex Dewar's buying the leaf during the period when Tom foresight and hard work in establishing that was chairman of the Tobacco Leaf Marketing community facility. Board. During that period, my father had a When the Wavell Heights Neighbourhood very close association with Tom. His Society opened its first hall in the early 1950s, involvement with the industry was ongoing, Alex Dewar donated the original flagpole so and his fighting spirit came to the fore when that the Australian flag could fly proudly over he was requested recently to make a the facility at Edinburgh Castle Road. Alex submission to the Industry Commission for the Dewar was a special guest and judge of the industry in which he had been a pioneer, Miss Northern Suburbs Quest, which was held fighting so many battles on behalf of those every two years during the 1950s and 1960s. people who depended on it for their existence. He was a member of and supported the Tom Gilmore was a strong advocate for Wavell RSL, which was formerly located in far-north Queensland. Apart from his Wavell Heights before its amalgamation with representation of the tobacco industry, he had the Kedron RSL. The local scouts and guides the unique opportunity to represent far-north were also frequent recipients of Alex Dewar's Queensland in both State and Federal generosity and support. Parliaments. From 10 December 1949 until 28 I have heard him described as a likeable March 1951, Tom served as the Federal rogue, a person with a good sense of fun who member for Leichhardt. During that period, supported everyone in his local area. The far-north Queensland was largely excellent spirit of community involvement underdeveloped, and the need for shipping which is alive and well in Wavell Heights and services, better communications, and Chermside owes part of its strength to the infrastructure such as the Barron/Walsh 20-year contribution of Alex Dewar. On behalf Irrigation Scheme, were issues that Tom of the local community of Wavell Heights and Gilmore raised. The importance of improved Chermside, I express my support for the roads in the region was stressed, and the condolence motion and our gratitude for Alex significance of a road to Cooktown was made Dewar's contribution to the community. known to the then Federal Minister. Legislative Assembly 10931 21 February 1995

From 3 August 1957 until 1 June 1963, the commissioner under section 4.6 (2), as he served as State member for Tablelands in furnished by the commissioner. the Nicklin Government, where he I also lay upon the table of the House the championed the causes of the tobacco, dairy report of the Chairman of the Criminal Justice and timber industries. Commission, Mr Robin O'Regan, QC, relating The late 1950s and early 1960s heralded to the register. Mr O'Regan's report notes that, a period of development in far-north on the basis of the register, there was no Queensland with the completion of the direction given by the Minister under section Tinaroo Falls Dam and the commissioning of 4.6 (2) of the Act during 1994. the Kareeya Power Station. I am privileged to Further, I lay upon the table of the House join in this condolence motion to the late Tom submissions received by the Parliamentary Gilmore Senior and offer my condolences to Criminal Justice Committee on its review of his wife, Freda, daughters Marjorie and Linley Volume V of the CJC's report on police powers and families, and to Tom Junior, who followed and the Hansard transcript of evidence taken in his father's footsteps in representing the by the committee at its public hearing on the Tablelands electorate, and to Tom Junior's review held on 12 December 1994. wife, for their loss is truly a loss to all north Queensland of a pioneer who certainly Further, I lay upon the table of the House extolled the virtues of what the area was all submissions received by the Parliamentary about. I support the motion. Criminal Justice Committee on its review of the commission's Report on Cannabis and the Motion agreed to, honourable members Law in Queensland. standing in silence. Finally, I lay upon the table of the House a tabling statement by myself as Chairman of TRAVELSAFE COMMITTEE the Parliamentary Criminal Justice Committee Report attaching thereto a response by the Criminal Justice Commission to a question asked by Mr ARDILL (Archerfield) (10.52 a.m.): I the Deputy Leader of the Coalition during seek to table a report regarding two recent previous proceedings of the House. On 16 trips interstate on transport and Travelsafe November 1994, the Deputy Leader of the matters. On one of the trips I was Coalition asked the Honourable the Attorney- accompanied by my deputy chairman, the General and Minister for Justice and the Arts a Honourable Vince Lester, who ably question without notice relating to the Criminal represented Queensland at one of the Justice Commission. The Honourable the functions. Attorney-General indicated that he would ask the CJC the answer to the question sought but PARLIAMENTARY CRIMINAL JUSTICE the CJC may prefer the chairman of the COMMITTEE parliamentary committee to convey its answer to the Deputy Leader of the Coalition. Report The Criminal Justice Commission has Mr DAVIES (Mundingburra) (10.53 a.m.): supplied to the committee a response to the I lay upon the table of the House the question by the Deputy Leader of the Parliamentary Criminal Justice Committee Coalition. The commission has agreed that it is Report No. 26 titled A Report of a Review of appropriate that I, as chairman, table the the Activities of the Criminal Justice commission's response. However, it is to be Commission pursuant to s. 118 (1) (f) of the noted that this response is not a report of the Criminal Justice Act 1989. On 6 February committee, nor does it express an opinion of 1995, the Parliamentary Criminal Justice the committee. Committee resolved pursuant to section 4 (2) of the Parliamentary Papers Act to authorise the publication of this report. PARLIAMENTARY COMMITTEE FOR ELECTORAL AND ADMINISTRATIVE Further, I lay upon the table of the House REVIEW pursuant to section 4.7 (4) of the Police Service Administration Act 1990 the report of Report the Commissioner of the Police Service, Mr J. Dr CLARK (Barron River) (10.57 a.m.): I P. O'Sullivan, being a certified copy of the table a report of the Parliamentary Committee register of all reports and recommendations for Electoral and Administrative Review on made to the Honourable Minister for Police issues arising from the Electoral and under section 4.6 (1) (a), and all directions Administrative Review Committee's report on given in writing by the Honourable Minister to consolidation and review of the Queensland 21 February 1995 10932 Legislative Assembly

Constitution. I also table submissions received consumers throughout the State. Coal will by the committee. On 18 November 1994, the necessarily continue to play an important committee authorised the publication of this role in the states power supply. It is of report pursuant to section 4 (2) of the course important that coal is used Parliamentary Papers Act 1992. I commend efficiently and I am pleased to be able to advise that Queensland's modern coal- the report to the House. fired power stations operate at the highest levels of efficiency for their technology. OVERSEAS VISIT 2. There are however other electricity generation options under consideration. Report Gas-fired generation is one possibility, Hon. V. P. LESTER (Keppel) (10.58 a.m.): initially based on the south-west I wish to table a report on a recent study tour Queensland resource but in the future of the Middle East. possibly drawing on the large resource of methane held in the coal seams in the Bowen Basin. Coal-seam methane INTERSTATE VISIT developments are being actively pursued by a number of companies and consortia Report 3. Renewable energy sources are also Mr BEATTIE (Brisbane Central) receiving attention. The electricity supply (10.59 a.m.): I seek leave to table a report on industry has recently concluded heads of a two-day parliamentary study trip to Sydney. I agreement for the purchase of table for the information of the House my significantly increased amounts of report on the trip that I undertook to study electricity from the State's sugar mills. Sydney's Cityrail between 3 February and 5 Commencing at 49 mw in 1998, this has February 1995. The report is accompanied by the potential for a significant increase supporting documents. 4. In remote areas not currently served by the State grid, remote area power supply systems are being installed as QUESTION UPON NOTICE demonstration projects by the Government's alternative energy advisory Coal-fired Power Stations group. The electricity industry is also Mrs SHELDON asked the Minister for involved in solar developments, as a Minerals and Energy— participant in the trial at Tennant Creek of the ANU's "big dish" solar thermal "With reference to the recently technology. released report titled: 'Measuring the 5. In relation to the second question, the Economic Impact of Reducing answer is that no subsidy is involved in Greenhouse Gas Emissions'— the supply arrangements to the Boyne (1) What plans do you have to remove Island smelter. With the sale of Gladstone coal-fired power stations from Power Station on 30 March, 1994 Queensland? Comalco and its joint venture partners took on responsibility for supply of (2) What subsidy will Queenslanders electricity to the smelter. The original have to provide for the Boyne Island power supply agreement under which Smelter to remain profitable under QEC supplied electricity to the smelter at the heavy financial penalties a specified price was terminated on the provided for in the report, ie gas sale of the station. turbines must replace all coal-fired power stations and gas output must QUESTION WITHOUT NOTICE increase by 50 per cent by 2005 if we are to meet our current Greenhouse Hospitals commitments?" Mr BORBIDGE: In directing a question to Mr McGRADY: I wish to table the reply the Minister for Health, I refer to a proposal by and seek leave to have it incorporated in the Mater Mothers' Hospital to turn away Hansard. expectant mothers by writing to all women less than 34 weeks' pregnant and asking them to Leave granted. look at alternative venues as part of the 1. The Government has no plans to remove hospital's strategy to address its $4.8m budget coal-fired power stations from shortfall—no room at the inn! I also refer the Queensland. Coal is our major energy Minister to his closure two years ago of the resource and a source of considerable QE II maternity unit, the closure of a ward and advantage for the State industrial theatre at the Royal Women's Hospital and development, and for supply to Legislative Assembly 10933 21 February 1995 the current funding crisis in the maternity units Mr BORBIDGE: Yesterday, my office was at both Logan and Caboolture Hospitals. I ask: advised by the Leader of the House that the with every single maternity unit in Brisbane condolence motion would be brought on at 11 either closed, partially closed or in crisis and a.m. Subsequently, I had my office check and expectant mothers being turned away from it was confirmed that that would take place, Queensland's major maternity hospital, will the presumably so we could have a question time Minister now accept responsibility for this major today. I wonder if the Leader of the House mismanagement of our public hospital system could give an explanation as to the change of and resign from his portfolio in today's Cabinet plans. reshuffle? Mr MACKENROTH: I never advised the Mr HAYWARD: I will make some general Leader of the Opposition of that at all. comments about the points that have been Mr BORBIDGE: Your office advised my made by the Leader of the Opposition office. Does the Leader of the House want a concerning the Mater Mothers' Hospital. I will stat dec? clearly put on record the issues involved. The Mater hospitals are a group of hospitals in the Mr MACKENROTH: Today, the inner southern suburbs of Brisbane. The condolence motion was held at the normal hospitals have had their budgets increased by time condolence motions are held. I am very approximately $12m since the 1991-92 sorry that Mr Borbidge raised this matter, financial year. Currently, they have a budget of because the condolence motion could have approximately $113m. been held at the end of last year—we put it off for him. It is important to know how the Mater hospitals operate. They are a very significant Mr BORBIDGE: Mr Speaker, the point part of the health system of Queensland, but that I was raising—— they are unique within the Queensland Health Mr SPEAKER: Order! I am not going to system in that they are essentially privately run have a debate. hospitals that provide public services. So when it comes to the issue of whether or not the Mr BORBIDGE: The office of the Leader matters of budget management involve of the House advised us of 11 a.m. Queensland Health, in simple terms they do Mr SPEAKER: I am on my feet. It is time not. Any advice that anyone cares to seek on for the debate on Matters of Public Interest. the issue will quickly reveal to them—if they bother to notice—that, in respect of the health system in Queensland, they are essentially MATTERS OF PUBLIC INTEREST private hospitals. Gold Coast Indy Grand Prix Mr Horan: They're part of the Brisbane Mr BORBIDGE (Surfers Paradise— South Regional Health Authority. Leader of the Opposition) (11.02 a.m.): The Mr HAYWARD: The honourable member Opposition has obtained a copy of the due does not have a clue and does not know. It is diligence report on the Gold Coast Indy Car essentially a private hospital from the point of Grand Prix ordered by the Queensland Tourist view of the administration of Queensland and Travel Corporation immediately it was Health. We do not play a role in the given responsibility for the 1994 event by the budgeting. Minister for Tourism, Sport and Racing in Mr SPEAKER: Order! The time for August 1993. I now table this report. questions with or without notice has now Produced in September 1993, it is a expired. damning indictment of multimillion-dollar neglect and incompetence on the part of both Indy management and the Goss Government. PRIVILEGE It is no wonder that this report has been Question Time secretly locked away in the Treasurer's office. Mr BORBIDGE (Surfers Paradise— At worst, it tells us that we are looking at Leader of the Opposition) (11 a.m.): I rise on a potentially criminally fraudulent behaviour in matter of privilege. At 11 o'clock—— relation to the Indy books and a corrupt cover- up of that activity by at least two senior Mr SPEAKER: Order! I am on my feet. Ministers in the Government. At best, we are Suddenly arising? looking at a Government so incompetent and Mr BORBIDGE: Yes. with such a cavalier attitude towards the public Mr SPEAKER: I will give the member the purse that it allowed a situation in which a call. squabbling management team soured 21 February 1995 10934 Legislative Assembly relationships with the event's major sponsors Mr Ken Rosebery, who was, at that time, chief and was prone, to quote from the report, to executive of the QTTC. "severe performance deficiencies". It is interesting to note that, of that group There must be an immediate Public as at this date, none of those people—not Accounts Committee investigation based on one—now retains a connection with either the the damning conclusions of this report, and it QTTC or the Indy. It raises the question of ought to go back to day one. The due whether all the messengers have been shot. diligence report, commissioned by this Also very interesting is that the one executive Government, points to an alleged multimillion- who received some sympathy from the review dollar fiddle of the accounts of the 1993 event team, the operations manager, Mr Ron Dixon, to produce a more politically palatable result— is also no longer associated with the event. Mr a result presented by Indy management as Kennedy left the QTTC in September 1994, some $3m better than it ought to have been and Messrs Roseberry, McLachlan, Von Uht in the view of the report team; a suggestion and Mr Dixon left around July 1994. that this fiddling could mean that I will now deal with some of the most management misled the board; severe serious of the findings of this report. The first is performance deficiencies—a direct quote from the conclusion that Indy management's the report—"severe performance projected budget for the 1994 event indicated deficiencies"—in the areas of general an operating loss of half a million dollars. The management and marketing, impacting on the review team maintains that this figure was ability to deliver a financially successful event; understated and should have been $3.4m—a a total absence of a plan for the expenditure difference of $2.4m. of a $1.1m budget to market the 1994 event; ongoing and obviously chronic hostility I will quote directly from the report. It between members of the management team; states— and evidence that a then major sponsor, the "The review team does not believe Ford Motor Company, was preparing to pull the budget presented to the new board out of the event and was simply one of many on September 2 1993 can be achieved. major sponsors with whom management had Identification of numerous instances of poor relationships. Others included likely and/or possible cost blow-out Marlborough, the Marriott, and the largest prompted the assistant general manager sponsorship sales organisation in the United to comment that the budget had been States, Barns Dyer. framed for the specific purpose of The report also points to evidence of achieving a break-even position from a extraordinary negotiations concerning fees to $5m State Government grant. In this Channel 9, including propositions that the regard"— company take a virtually open-ended share of and I quote directly— ticket revenue and, as an alternative, that the "the review team believes that Government channel millions of dollars worth management has arguably misled the of business through a Channel 9-related board." company; and states that this situation was able to develop because the Indy organisation Clearly, these are extremely serious was essentially under the control of a group of allegations. First is the suggestion via the consultants reporting to a non-executive board evidence of the then assistant general with no oversight. No oversight! Seventy manager, Mr Tim Rothwell, that the budget million dollars of taxpayers' money to date, was couched in political terms deliberately. and no oversight—not from the board, not Second is the suggestion of the review team from the Government. Where was the that management misled the board on the chairman of the board? Where was the budget for the 1994 event. It is stating the chairman of the board of the Government? obvious to say that management ought not to Where was the Premier? have been in the business of providing figures in its budget on the basis of its political This report was prepared for the then palatability. It ought to have been providing QTTC chairman, Jim Kennedy, whose figures that were accurate and honest. organisation had been given responsibility in August 1993 for the carriage of the 1994 This allegation brings into question event by the Government. It was written by Mr whether the management of the Indy and, by Steve McLachlan of the QTTC and Mr Richard definition, the board which oversees the Von Uht of Predictive Research and structure, has at heart the interests of the Associates Pty Ltd on briefing instructions from taxpayer or the political interests of the Government. In any event, the findings of the Legislative Assembly 10935 21 February 1995 review team raise a whole series of questions Government of Queensland had sufficient in relation to the framing of the budget. Who concern for the taxpayers at any point in this knew about it? Who took part? Who failed to whole sorry episode to take enough notice of detect the apparent flaws? What did they what was going on to protect their know, when did they know it, and what did interests—not one! they do about it? These circumstances demand an I turn now to the equally damning immediate Public Accounts Committee conclusions of the review team in relation to investigation. This internal report vindicates the marketing of the event. All along, the everything that the Opposition has been Treasurer, the Minister for Sport and the saying for four years. This is not my document. Premier, in defence of the $70m taxpayer bill, This is a Government document kept secret. have said that there are benefits that flow The Government knew about it, but it knew back to the economy of the Gold Coast and that it was too hot to handle. The Government Queensland overall from the Indy event knew that it would stand exposed as just because it is a showcase for the State. That another Labor Government. This report details attitude would imply that there has been great a financial scandal. This report details possible concentration on the most astute possible criminality. This report details potential marketing of this product. Therefore, it is corruption. This is a financial scandal in the staggering that this report suggests in relation worst traditions of Labor Governments. And to the 1994 event that there was effectively no we see the con job in that this Labor marketing plan at all. None! There was a Government was somehow supposed to be marketing budget of $1.1m, but not so much different in terms of economic management. as an advertising schedule. I quote from the This is a financial scandal in the best—or I report— should say the worst—traditions of John Cain, "There is an unrealised expectation John Bannon and Brian Burke. that Channel 9 will market the event and Mr SPEAKER: Order! Before calling the consequently, an absence of strategy for honourable member, I ask members who want application of the $1.1m marketing to talk to go outside. There is too much budget." audible conversation in the Chamber. An "unrealised expectation"! An "absence Members are having difficulty hearing. of strategy"—a state of affairs that the review team, appointed by the Government, said was FNQ 2010 Regional Planning Process "incredulous"! Queenslanders will agree—the absence of a strategy for the most important Dr CLARK (Barron River) (11.11 a.m.): element of what the Premier has told us There are many challenges facing far-north justifies the expenditure by the Queensland Queensland, but none is so vital as striking the taxpayer of in excess of $70m. It is an right balance between development and the absence of appropriate political oversight of environment—creating jobs whilst preserving what, quite clearly, has been an absolute our unique tropical lifestyle and the mess—on the basis of this report—with environment. The stunning beauty and management fighting among themselves and diversity of the natural environment of far-north managers without proper relationships with Queensland is the reason why it has become sponsors, without proper relationships with the Australia's fastest growing destination for Gold Coast City Council, without proper international and domestic visitors. Visitor relationships with the Gold Coast police and, numbers to far-north Queensland have for heaven's sake, without a marketing plan. increased from around 840,000 in 1985 to The absence of appropriate political oversight 1.85 million in 1992, and forecasts indicate screams out of these damning pages. that visitor numbers could exceed 3 million per year early next century. Where was the Premier? Where was the Treasurer? Where was the Minister for Tourism The dramatic growth in tourism has been while this was going on? Where were they accompanied by a similarly rapid growth in while the bill for this event to the taxpayer was resident population. The region has been escalating by around $10m a year? Where growing at a rate of approximately 2.6 per cent was the Cabinet? That is arguably the central per year over the last decade, making it one issue in this extraordinary $70m taxpayer- the fastest growing regions in Australia. On funded saga—the ongoing incompetence and current projections the region's population is negligence of the Premier, the Treasurer, the expected to increase by around 50 per cent Minister for Sport—the entire Goss Cabinet. over the next 20 years, from 175,000 to Not one member of the front bench of the approximately 260,000. Seventy per cent of that growth is expected to occur in the 21 February 1995 10936 Legislative Assembly

Cairns/Mulgrave local authority areas on the worldwide. And further, we want the far-north coast. The implications of this growth for the Queensland waterways—that is, inland, environment are continuing pressure for estuarine and coastal—to continue to function development of good quality agricultural land as a sustainable ecosystem and resource for and the remaining natural areas of the region the region. for urban and tourism purposes and increased Finally, with respect to the environment, activities in and around the natural areas with we want to be able to say that the settlement the potential for subsequent impacts on pattern in the region has resulted in efficient environmental quality. urban forms being integrated harmoniously The Government's primary response to into the regional landscape, developed in managing growth in far-north Queensland is recognition of the need to conserve the regional planning. The FNQ 2010 regional natural environment and resources. This is a planning process was begun in 1992 with the vision that I have consistently been seeking to creation of the Regional Planning Advisory achieve since I entered public life almost a Committee, which is responsible for advising decade ago. To achieve this broad vision, a the Government on the preparation of a set of regional goals was subsequently regional plan. The FNQ RPAC is chaired by developed across a range of areas. In regard the Minister for Housing, Local Government to the environment, there are 13 individual and Planning, the Honourable Terry goals demonstrating the importance of the Mackenroth, and consists of a total of 13 environment to our region and to the planning representatives from Federal, State and local process. government and special interest or sector The planning principles and goals provide groups, including the environment movement, the framework for the preparation of detailed represented by the Cairns and Far North strategies and projects to be undertaken in Environment Centre. The regional planning 1995-96, including a regional environmental process is guided by a vision statement, strategy which addresses nature conservation, regional principles, goals and policies that wildlife management, coastal management, cover a wide range of areas. open space and recreation, and water, air and This morning I wish to focus primarily on visual quality. There are a number of other the environment, because it is of such strategies being prepared as part of FNQ 2010 fundamental importance, and of interest to that are of particular importance to the me. Regional planning is the key to managing environment. They include a water supply growth while protecting our environment, a strategy, waste management strategy, natural process to which I am totally committed. The resources strategy, an integrated regional vision statement in the planning process is a transport strategy, including seaports and description of what we want our region to be airports, and a sustainability threshold analysis and what characteristics it should have in the project. Other Government strategies include year 2010. With respect to the environment, it the Cairns State Marine Park, which includes says that the role of far-north Queensland the Marlin Coast and Trinity Inlet, integrated should be that of a forerunner in the catchment management plans, a coastal preservation of the biodiversity of its natural management strategy and the Wet Tropics areas, management of its world significant Management Plan, which is to be released natural areas and the understanding of soon. And, of course, we already have the ecological processes supporting the region's Trinity Inlet Management Plan and the Great environment. Barrier Reef Marine Park 25-Year Strategic Also, the year 2010 vision, in terms of Plan. what we want to be able to say at that time I mention all of those to convey the with regard to the environment, is that the amount of work that has been carried out in or far-north Queensland region has preserved proposed for our region focused on the and maintained its unique biodiversity and environment and sustainability. Having had unique natural environment. We want to say the opportunity to be involved in the far-north that this occurred through the application of Queensland 2010 planning process and to sound management techniques, the peruse the draft material being considered by rehabilitation of degraded natural areas, the the Regional Planning Advisory Committee, I implementation of ecologically sustainable believe that it does provide the necessary development principles and the conservation framework to manage growth in an of World Heritage values, and that the ecologically sustainable manner. knowledge and understanding of the region's However, with respect to the environment, natural environment has continued to develop I believe that the planning process to date has and set the standard for wet tropics areas Legislative Assembly 10937 21 February 1995 given insufficient recognition to one aspect of an upgrading of programs for eliminating our environment that visitors have rated even weeds and feral animals. Conservation more highly than the Great Barrier Reef. I am agreements will be prepared under the referring to the majestic rainforest-covered Nature Conservation Act with major scenic mountain range that extends from the rim land-holders. Douglas Shire in the north to the Cardwell A code of practice will be prepared Shire in the south and which forms the for scenic rim property owners to assist backdrop to Cairns. Last year, I coined the them to live safely on the rim and in a phrase "Cairns Scenic Rim" to describe that manner that will not detract from its scenic forested backdrop that encircles Cairns and and environmental values. which dominates one's experience of Cairns. I have been working for over a decade to The Cairns/Mulgrave Hillslopes protect the Cairns hill slopes, first as the Protection Committee will be renamed the President of the Cairns Branch of the Wildlife Cairns Scenic Rim Protection Committee. Preservation Society, then as a Mulgrave It will be restructured to make it more Shire councillor, and now as the member for effective and representative of the Barron River. broader community. Last year, I began work on a The plan includes the appointment of comprehensive plan to protect the Cairns hill a permanent scenic rim community slopes. Using my knowledge of the hill slopes educational liaison officer and a and related issues, I have worked closely with permanent scenic rim fire management the key conservation groups in Cairns, such as officer. the Cairns and Far North Environment Centre, Finally, the plan provides for the Community Hillslopes and Rainforest consideration to be given to the Protection Society, the Wet Tropics establishment of a land acquisition Management Authority, officers from various compensation fund, and for consideration Government departments, and Councillor Tom of all of the alternatives available to us, Pyne of the Mulgrave Shire. including changes to legislation, As a result of that, I have drawn together transferable development rights and land a 12-point management plan for the hill slopes acquisition. that includes the preparation of a regional hill Last week the Premier travelled to Cairns slopes protection strategy as part of the FNQ to announce the Government's support for my 2010 regional planning, with the protection of 12-point plan. I would like to place on record the Cairns Scenic Rim as its first priority. my appreciation to the Premier and also to the The plan includes— Treasurer, Keith De Lacy, for their personal support of the proposal. One of those The compilation of a detailed elements that I have referred to was the vegetation, geological and visual audit of setting aside of hillside land around the James the freehold land in the Cairns Scenic Cook University. That element as well as all of Rim. the other elements in the plan have been warmly welcomed by all sections of the A new hillside development control community in Cairns. Indeed, my political plan will be drawn up for the scenic rim to opponents have even commended the plan. define limits to development and ensure that any development that is approved This 12-point plan to protect the Cairns does not detract from the environmental Scenic Rim adds to a list of other regional and and scenic qualities of the rim. local planning initiatives in which I have played a key role, including the award-winning Trinity It also includes the construction of Inlet Management Plan, the Kuranda additional walking tracks and visitor Strategic Management Plan and the soon-to- facilities on public land in the scenic rim be-released Marlin Coast and Trinity Inlet and the development of a major State Marine Park Plans. Implementing a 250-hectare rainforest recreation and regional plan based on the principles of scientific reserve on Crown land adjacent ecologically sustainable development will be a to the Cairns campus of the James Cook challenge in the face of vested interests and University at Smithfield. the economic growth associated with tourism, Also, the plan includes the extension but it is a challenge that I take up with relish in of the current reafforestation program on order to achieve my vision for far-north degraded land within the scenic rim and Queensland. 21 February 1995 10938 Legislative Assembly

Senate Committee Inquiry into Queensland and the Senate as the Whistleblowers Courts have traditionally been loath to Mr SANTORO (Clayfield—Deputy Leader intervene in the parliamentary process." of the Liberal Party) (11.20 a.m.): Honourable The submission went on to state— members would be aware that a Senate "by convention, no Senate committee inquiry into whistleblowers Committee has been prepared to commences in Brisbane this Thursday. At its summons a State public servant or meeting yesterday, State Cabinet considered Minister to give documentary or oral a submission over the signature of the Premier evidence which they have been unwilling as to how the Goss Labor Government should to provide." respond and react to that inquiry. Cabinet approved the Government's political response It is also stated within the Cabinet submission to date to the inquiry, and honourable that— members were acquainted with this earlier "22. The CJC has obtained separate today in a ministerial statement delivered by legal advice. This advice is consistent with the Attorney-General. Mr Keane's, i.e. that the inquiry is legally The Premier sought the advice of the valid in that it is an inquiry into Solicitor-General on the legality of the inquiry Commonwealth legislation. The advice to and whether the Senate committee would the CJC considers that it would be have the constitutional authority to require pointless for the CJC to deny the Senate's attendance by State Ministers and public right to inquire per se, except where the servants if it chooses to do so. I inform the Committee sought to obtain documents in House that I have a copy of the full Cabinet the CJC's possession that may be submission. Within the submission prepared covered by legal privilege, public interest for Cabinet by the Premier, it is stated that Mr immunity, or secrecy obligations." Keane advises that— It is important to note that the CJC "the Committee would have the recommends that the committee's inquiries constitutional power to inquire into the not be stifled. At this stage, the submission whistleblower cases because the states—and this is the question, of course, Committee's terms of reference have which Cabinet pondered yesterday— been carefully crafted to provide that the "The issue for Cabinet is what inquiry's purpose is to examine whether response should be made by the State the cases should be taken into account in Government and departments to the framing proposed Commonwealth inquiry." whistleblower legislation for which the At this point, the Cabinet submission really Commonwealth has responsibility." becomes interesting, for it goes on to The submission goes on to state that— demonstrate the depths to which the Goss "the Committee would have the Labor Government, from Mr Goss down, will power to summons State officials sink in order to stifle the due and proper (including Ministers) and documents and process of a legitimate Senate inquiry, a State official who resisted a summons intimidate and unreasonably direct public could be dealt with by the Senate for servants, incur huge legal costs at the contempt." expense of the Queensland taxpayer and unashamedly abuse due process within the The submission goes on to state that— High Court—and all of this in order to hide the "a legal challenge could be mounted original wrongdoing of the Goss Cabinet, this through the High Court on the grounds being the illegal shredding of the Heiner that the inquiry is not a bona fide documents. investigation into issues to be taken into So how does the Goss Government account in any future Commonwealth propose to respond to and deal with the legislation, in other words, that it is a Senate inquiry about to begin? I intend to political side-show; however"— acquaint the House with the real response of and I stress these words— the Goss Labor Government, which was not "this would be almost impossible to contained in what the Attorney-General said in demonstrate in court; his ministerial statement this morning. The Cabinet submission states— it is doubtful if the High Court would consent to become involved in a legal ". . . initially, the appropriate course would challenge between the State of appear to be to challenge the inquiry politically." Legislative Assembly 10939 21 February 1995

That is what we saw this morning. The "to resolve which makes it further unlikely submission continues— that the Committee"— "This would be done by making a that is, the Senate committee that is coming once-off Ministerial Statement to the here in two days' time— Queensland Parliament on issues raised "would seek to use its subpoena powers." by the Committee's terms of reference." The members of the committee will really Earlier this morning, we heard the enjoy reading the way in which this Attorney-General deliver his cynically contrived Government has plotted within Cabinet to stifle diatribe. The Cabinet submission goes on to the committee's inquiries. I predict that the become even more sanguine when it states— committee will be subpoenaing a few of the "Implied in the above statement is a people involved. refusal by the Government to allow What a disgrace! What a travesty of due Ministers and officials to attend public process, for not only does this course of action hearings or provide documents to the strike at the heart of the Senate committee Committee. Non-cooperation by State process but it also represents a total abuse of Government officials would cause the the High Court, particularly when the advice Committee to use its compulsive powers against the abuse is contained within the to subpoena documents and witnesses if Solicitors-General's advice. All this from a it was determined to do so. However, this Government that constantly mouths its development is highly unlikely given: support for the parliamentary committee that no previous Senate Committee system and the independence of the judiciary; has ever attempted to subpoena all of this despite the full weight of the State State officials; Solicitor-General's advice that a High Court that the Committee's legal advice challenge would not succeed—advice which is suggests the Committee's power to repeated many times over in the Goss Cabinet question State officials is limited; and submission, including in paragraph 34 where it is stated— the likelihood that a High Court challenge would be mounted by "There is, however, no certainty that Queensland that could be complex, the State would win a High Court protracted and supported by all other challenge or that the Court would States." entertain it, as the Courts have traditionally been reluctant to intervene in So much for the independence of the the operations of Parliament; however, a Queensland public service! In paragraph 30, challenge could lead to protracted delay the submission however concedes that— in the Committee's inquiries." "It is possible that the Committee will That is the reason for the so-called challenge. invite"— In paragraph 35, the Cabinet is asked to I stress, "will invite"— note— "certain officials involved in the Heiner ". . . that at this stage of the Committee's case to give evidence. If such invitations inquiries, a High Court challenge is not a occur, it is proposed that officers valid option for Queensland. It would be concerned be directed not to attend." difficult to mount a successful legal However, this dastardly Government is ready challenge purely in opposition to the for anything. Should the invitations not be Committee's terms of reference and the accepted and summonses be issued, then the commencement of public hearings in late Goss Government could—and I quote from February/March." paragraph 31 of the submission— This is unbelievable stuff—so much so that ". . . immediately seek to obtain ethical, conscientious whistleblowers are declaratory relief from the High Court. blowing the whistle on the Goss Labor Under the Commonwealth Judiciary Act, Government's attempt to blow out the other States and Territories would Queensland whistleblowers. It is not just one have to be notified of the action as it Minister who is pushing the line; they are all in would raise constitutional issues. It is likely it, because paragraph 50 of the submission that other States would seek to join states under the heading "Results of Queensland in the legal challenge. The consultation"— whole process could take 2 years"— "The Office of Cabinet, the I repeat, "two years"— Department of Family Services and Aboriginal and Islander Affairs"— 21 February 1995 10940 Legislative Assembly surprise, surprise!— occurred. I will look at population growth. The "the Queensland Police Service and the south-east corner of Queensland will see a Department of Justice and population increase of 60 per cent by the year Attorney-General agree to the approach 2011, which is an enormous increase. In the proposed in this submission. The terms of Sunshine Coast the increase will be 126 per the proposed Ministerial Statement have cent; Caboolture and Pine Rivers, 107 per been drawn up in consultation with the cent; Beaudesert, 134 per cent; Albert Shire Solicitor-General." and the Gold Coast, 85 per cent; Gatton and Laidley, 96 per cent; and Brisbane, 12 per How very, very sad! Of course, the cost of the cent. So we can see why there is such a need cover-up is not insignificant because, as is for new techniques and new systems to stated in paragraph 53— operate within the Police Service. "In the event that the Government Also, there are greater pressures and found it necessary to challenge the significant social changes taking place that Committee's directions in the High Court, need to be reflected in the policing methods significant legal costs could be incurred." that we adopt. For example, the number of Of course, the Government, through the Australians living beyond their 85th birthday evidence contained in the contents of this has risen by 138 per cent in the past 20 years, Cabinet submission, is prepared to incur compared with an increase of just 0.5 per cent significant legal costs against the advice of the in the number of children under 15. There are Solicitor-General and to the detriment of the now 182,000 people over the age of 85 in Queensland public. Australia, twice as many females as males, The Goss Labor Government and Cabinet compared with 76,500 in 1974. New research have been caught out. For years, the has also established that, while the 15 to 64 Opposition has been saying that the year-old age group has increased by 36 per Government is corrupt and self-indulgent. cent since 1974, the number of people over Today, we have the proof beyond doubt, all the age of 65 has risen by 79 per cent. contained within the Cabinet submission which A study by the Australian Bureau of was approved by Cabinet yesterday over the Statistics confirms that the population is signature of the Premier of the State. The continuing to age. In the year to June 1994, it Opposition will leave it to Queenslanders to estimates that the over-85 age group judge the propriety or otherwise of this increased by 6 per cent, compared with a 1 despicable Goss Labor Party disregard for per cent growth rate for the population as a openness, accountability and propriety. The whole. Improved health and diet, etc., have judgment will not be a kind one at all. In order lead to this increase. that that judgment can be made with the full At the other end of the age spectrum, weight of information and evidence, I table for Queensland is emerging as the State with the the benefit of honourable members the highest growth rate for children under 14. It is Cabinet submission titled "Senate Inquiry on also the State with the highest increase in its Unresolved Whistleblower Cases" prepared by 15 to 64-year-old population, which rose by Premier Goss and approved by his Cabinet at 2.7 per cent during 1993-94. I table a copy of its meeting yesterday. that Australian Bureau of Statistics report In conclusion, I wish to place on the public which appeared in the Sydney Morning Herald record my condolences to Mr Kevin Lindeberg, of 20 January 1995. whose mother passed away yesterday and In addition, other social pressures include who this morning had to be subjected to increases in criminal offences. As I reported further vilification at a time of great sadness earlier to the House, I was recently in Sydney and personal loss. examining the Cityrail services that operate there and, in particular, the sorts of measures Multidivisional Policing being adopted to protect people who use those commuter rail services. On 5 February, a Mr BEATTIE (Brisbane Central) report in the Sunday Telegraph stated that (11.31 a.m.): This morning, I wish to speak on 2,100 separate offences had occurred on the the benefits to my electorate of Brisbane rail network, including sexual assaults, Central and indeed the whole of Brisbane from robberies and assaults at 28 city stations multidivisional policing, or clustering, which has between July 1993 and September 1994. been introduced by the Queensland Police They are the sorts of pressures that are Service. Before I do that, I need to highlight to around and that require additional and new the House why there needs to be new policing methods. innovations in policing and why this has Legislative Assembly 10941 21 February 1995

This Government, under Police Minister Toombul are staffed during normal shopping Paul Braddy, has supported new techniques in hours by one police officer or administrative the Police Service, one of which is clustering. I assistant in a shopfront and two beat officers. want to deal with clustering at some length. City station, Boondall, Fortitude Valley, Petrie On 18 January 1993, station clustering was and Sandgate provide a 24-hour counter introduced throughout the metropolitan north inquiry service. The other police stations, region in Brisbane after a six-month pilot except Mitchelton and Nundah, are scheme in the Toowong, Taringa, shopfronted by a single officer Monday to Indooroopilly and Kenmore areas. The region Friday between the hours of 8 a.m. and 4 p.m. is now comprised of seven clusters, namely Persons attending at a station that does Toowong, Red Hill, Alderley, Petrie, Boondall, not provide an after-hours counter service may Clayfield and Fortitude Valley, and three 24- still contact police by using the phone installed hour establishments, namely the city station, in a blue box near the new door of the station, Sandgate and the Brisbane watch-house. Mr such as at Newstead in my electorate. That Speaker, as you would appreciate, Fortitude phone will provide direct access to either the Valley, the city station and the Brisbane watch- cluster headquarters or the Police house are in my electorate of Brisbane Communications Centre. Mitchelton station is Central. now occupied by Alderley CIB, and Nundah Budgets have been developed for each station by the Clayfield CIB and Juvenile Aid cluster and establishment and each officer in Bureau, and the shopfront function for the two charge now has responsibility for managing his stations is now provided by the Brookside and or her budget with emphasis on the needs of Toombul Police Beat shopfronts respectively. operational policing. That is the change—and So what are the advantages? The that is what was needed. Non-operational advantages are that clustering provides one police officers have been released from administrative centre for each cluster administrative duties making them available establishment, thereby eliminating duplication for operational duties. For example, the city in that, prior to clustering, each station station, which is in my electorate, had 30 non- performed its own administrative functions and operational officers, but that has now been operated independently of each other with an reduced to six. I applaud that initiative. uncoordinated approach to operational Inspectors are now in charge of the divisions policing. Each division now has an inspector, a and they are empowered to control their senior sergeant who is an administrator, and a clusters. District level management has been senior sergeant who is a tactician, as already abolished, resulting in gains in resources such mentioned. Each cluster and establishment as cars, equipment and staff, both sworn and now operates on a 24-hour basis, although at unsworn. Again, I applaud that initiative. times the establishment headquarters may not Except for the Brisbane watch-house, each be staffed. Each cluster and establishment, cluster and establishment has a Criminal except the Brisbane watch-house, provides a Investigation Branch, a Juvenile Aid Bureau, a minimum of two general duty patrol cars 24- Traffic Branch and an inquiry section which, hours per day supported by various other with the operational policing component, specialist personnel for varying durations. allows each cluster and establishment to Clustering has relieved police of administrative operate individually as a self-sufficient policing and other mundane functions such as issuing unit. That is what we needed. drivers' licences and checking vehicle Each cluster and establishment, except registration papers, thereby allowing their the Brisbane watch-house, has a tactician—a release to operational duties, which is what the senior sergeant—who coordinates planning, public want. Licence and registration functions intelligence-driven rostering and patrols are now performed by the Department of tasking—and that is long overdue—within their Transport and, as a result, counter work at respective area and coordination between police stations has dropped noticeably. clusters and establishments. They are again Improved utilisation and deployment of good initiatives. non-sworn personnel who perform some tasks Police Beat shopfronts have been previously undertaken by sworn personnel has opened in Brunswick Street, Fortitude Valley— also occurred. There has been maximum which is in my electorate—the Brookside utilisation and coordination of operational Shopping Centre and the Westfield Shopping resources through development of master Centre at Toombul. City station also operates rosters, an improved balance in shift rostering a mall post in the Queen Street Mall. The to meet service needs, and an increase in Police Beat shopfronts at Brookside and actual on-road operational hours, which is 21 February 1995 10942 Legislative Assembly good news. The mobility of patrols utilised to Government Policies on Crime service much larger areas has been effective. Mr COOPER (Crows Nest) (11.41 a.m.): In There has been an elimination of excess the past several months, Government parallel patrols in individual divisions. There members have been busy circulating what is, has been a release of numerous non- in effect, a pro-forma leaflet which supposedly commissioned officers from station outlines the Government's so-called "tough" administrative duties to operational planning new policies on crime. That document is and on-the-road supervision. riddled with outright lies, gross There is CIB and JAB activity involved in misrepresentations and deceitful half-truths. In general team policing activities within their relation to property crime, for example, it clusters, which has been effective. Total claims that, under the new Criminal Code, "all resources are pooled for effective operational sentences are being doubled". That statement deployment to meet needs. There has been a is the result of either plain incompetence or provision of more effective supervision by deliberate deceit because the Criminal Code reducing the span of control and consolidating provides for a range of penalties but the courts the divisional chain of command. There has impose the sentences. Whatever the reason, been an increase in the accountability of the reader is left with the false impression that police patrols for the good order of their patrol those convicted of property crimes will go to areas. Personnel are more readily identified gaol for twice the period that they do now. Of with activities occurring within their cluster and course, two times nothing is still nothing in far are in a position to observe the benefits of too many cases. That untrue claim has been their labour. There has been an improved made in leaflets issued by, among others, the interaction between operational and honourable members for Fitzroy, Barron River, specialised units. At the end of the day, in the Greenslopes, Hervey Bay, Cleveland, first full year of operation, the cost of Currumbin and Redlands, to name just a few. consumer items has been reduced by Apparently, the Government public $50,000. relations genius who wrote that deceitful scrap This concept has not been without its of paper has no notion of the separation of critics within and without the service. However, powers principle, which Government members used to lecture me about. At least I can say it is an undeniable fact that the region has that I have learned. That leaflet also makes coped and continues to cope with a 25 per the claims that, "More prisoners are going to cent increase in jobs allocated by the Police gaol" and, "Prisoners will do the time they Communications Centre in the past 12 deserve." Unfortunately, central to the months. This is a commendable achievement Government's alleged "law and order" considering that no more sworn members campaign is the claim that the so-called tough have been allocated. It is felt that by improved new Criminal Code will result in many more supervision and guidance from regional duty criminals going to gaol for longer periods. That officers—inspectors who have a 24-hour simply is not true. The propaganda would coverage—and field officers, the effectiveness have us believe that the provisions of the of the region's personnel has improved, as Code are so far reaching and so draconian has the morale of its members. The that, to quote the leaflet referred to earlier, empowering of divisional establishment "Prisoners will do the time they deserve." The inspectors and senior sergeants to control the simple, plain, unvarnished fact is that those areas of operation is paying dividends for the claims amount to a monstrous lie and an service and the communities. enormous fraud so utterly breath-taking that I also want to put on record my support the ghost of the late and unlamented Dr for the new police Aboriginal and Torres Strait Goebbels must be slack-jawed with Islander community liaison officers, 27 of incredulous amazement. whom were sworn in on 23 January. Five of If—and I stress "if"—those claims were those officers are posted in the Valley, five in true, it would follow naturally that we would the city watch-house and five in the city. need a massive expansion of our prison Fifteen of those 27 officers have been posted system to cater for the huge influx of long-term to stations within my electorate. They will prisoners. The fact is that the Government cause a significant improvement in the announced what amounts to its capital works relationship between the Aboriginal community program for prisons virtually until the end of and police. I am delighted with that initiative, the century before it released the new Criminal which was announced on 23 January 1995. Code. Therefore, all of the planning by the Time expired. Corrective Services Commission on behalf of the Government was done on the basis of the Legislative Assembly 10943 21 February 1995 number of prisoners expected under the Corrective Services is saying that all of the existing Criminal Code and other legislation, Government's hype and propaganda about a including the Penalties and Sentences Act. crackdown on crime is simply that—hype and On 24 August last year, after the new propaganda. It has not led to a decision to Code was released and well after the build one extra cell. Government's prisons capital works program He says that if—and I stress "if"—there was announced, I wrote to the Minister for are changes in policy or legislation that would Police and Minister for Corrective Services, Mr lead to a need for additional prisoner Braddy, asking him a simple question: how accommodation, the Government would many extra cells—above and beyond those respond. already announced—would be constructed to Mr Wells interjected. handle all of the extra inmates promised by the Government's propaganda surrounding Mr COOPER: I know what I have tabled. I the release of the new Criminal Code? His want to finish. reply, dated 14 February 1995, took almost six Plainly, the new Criminal Code does not months and it explodes the Government's fall under the general heading of such propaganda myths. I seek leave to table that changed policy or legislation. The Minister's letter. letter provides one last vital confirming piece of A few quotes from that letter are evidence to prove that assertion. In a reply to instructive. The Minister wrote— a question on notice that I asked him during the hearings of a parliamentary Estimates "I am advised by the Queensland committee last June about the estimated total Corrective Services Commission that the number of prisoners in June 1995, the Minister introduction of a revised Criminal Code said that there would be 2,540. That may very well result in an increased letter—surprise, surprise—says that there will number of prisoners for the offence be an average of 2,540 prisoners during 1994- groups targeted in the new Criminal 95. Cabinet approved the new Criminal Code Code." on 22 August last year—weeks after the Also— Government announced its prisons capital "Changes in policy or procedure by works program—and, presumably, after the police, the courts and the QCSC debate, it will come into effect before the end (Corrective Services Commission) may of this financial year. We must wait and see. cause an increase or decrease in prisoner Even if it does, according to the Minister for numbers." Police and Minister for Corrective Services, it would not result in one extra prisoner Also— and—again, according to the Minister—this "Any changes to the prison new Code does not even seem to qualify as population due to the revised Code are changed policy or legislation which could, in likely to be gradual, hence the full impact his words, accelerate the need for additional on prisoner numbers may take several prisoner accommodation. years." A year ago—on 15 February 1994—the Also— Minister told this House that a total of 318 "There are no immediate plans for cells, 238 of which would be permanent and additional facilities, other than those 80 of which would be temporary, would be already announced in the Budget and the provided over the following 18 months. Of newly acquired Westbrook facility which course, since then all mention of the word will accommodate up to 130 low and "temporary" has vanished. It was a very open security classified offenders." temporary use of the word, and that fraudulent scrap of paper being circulated by Also— Government backbenchers that I mentioned "If changes in policy or legislation earlier speaks only of 318 new beds or new accelerate the need for prisoner places. Thus, according to the Minister, by accommodation, the Government will June this year practically all of those extra respond accordingly." cells—permanent and so-called temporary All of that amounts to one thing, and that cells—should be provided. is that the Minister for Police and Corrective In that advice to the Estimates Committee Services does not believe that the new in June last year—two months before Cabinet Criminal Code will result in any extra prisoner approved its showpiece Criminal Code—he numbers at all. That means, of course, that said that by June this year there would be the Minister for Police and Minister for 2,456 cells and 2,540 correctional centre 21 February 1995 10944 Legislative Assembly inmates. The new Woodford gaol is not due Queensland. Prisons are already crammed to for completion until at least January 1997, so overflowing, and that means an increasingly extra facilities already announced can only restive prisoner population. Critical shortages help to cope with the officially admitted of custodial officers has meant the introduction overcrowding. of an overnight 12-hour lockdown in gaols, In the letter that I have tabled the Minister increasing the pent-up resentments. I fear wrote— another gaolbreak similar to the mass escape of seven dangerous criminals from the "The QCSC is implementing Moreton gaol in 1991. The whole contingency strategies (including community—and especially those living close appropriate doubling up of prisoners) to to prisons—is at risk. deal with fluctuations in prisoner numbers until the new Woodford Correctional The inept Corrective Services Commission Centre is built." management that bungled the closure of Woodford in 1991 leading to that mass That priceless bit of public service escape from Moreton is still there, and its gobbledegook means that overcrowding will appalling record of gross mismanagement, get worse even without the one extra inmate exacerbated by chronic Government gaoled because of the new Criminal Code. underfunding, hardly gives rise to any "Appropriate doubling up" is a euphemism confidence that overcrowded gaols are secure. ranking with "ethnic cleansing". I make brief mention of the Police The Government's fraudulent, deceitful Minister's blatant distortion of the facts and so-called law and order campaign has been figures on the Sandgate watch-house recently destroyed utterly by Mr Braddy's extraordinary in order to deliberately cover up his disgraceful admissions. No longer can the Government mismanagement of all watch-houses assert that its new Criminal Code will result in throughout the State in general and the south- more prisoners doing longer terms because Mr east corner in particular. Braddy—the Minister for Police and Minister for Corrective Services—has admitted in writing Time expired. that not one extra cell is being built for that specific purpose. The best the Minister can say is that— Rural Health Services "If"— Mr CAMPBELL (Bundaberg) (11.51 a.m.): and that is his word— The tiny outback central-western Queensland "changes in policy or legislation accelerate community of Yaraka now has its first medical the need for additional prisoner facility. It was opened by the Health Minister, accommodation, the Government will Ken Hayward, on 17 February 1995. The new respond accordingly." health clinic in that small community of 40 The Minister for Police and Minister for people, 250 kilometres south of Longreach, Corrective Services has, in effect, said that his will provide Yaraka with its first permanent own Government is peddling lies when it health service replacing a part-time service makes claims about the alleged impact of the conducted from a room in a local community Criminal Code. In effect, since he revels in his hall. That clinic will be staffed by local nurse self-proclaimed status as a hands-on Janine Hawkes, who provided a voluntary administrator, he has condemned himself. nursing service to the community for many Perhaps the member for Mount Ommaney, Mr years before she was employed on a part-time Pyke, was right when he told his local basis. The clinic, which is typical of the newspaper recently that the Government expansion of health services in areas outside needed a Minister for crime prevention and, Queensland's larger urban areas, shows the most importantly, that he should be that priority and importance given to rural health Minister. He certainly could not do any worse services by this Goss Labor Government. than the current Minister for Police and In the push to develop bigger and better Minister for Corrective Services and the hospitals in the larger population areas, rural Attorney-General are doing. He would and remote communities in the bush have probably do a darned sight better. I do not been neglected. The preoccupation with know how he got on with his request, but I providing more sophisticated services for the wish him good luck. We will see how he goes cities meant that the rural communities were later today. being denied the opportunity to access even The Minister's abject admissions have basic services closer to home. That new health another implication for the people of clinic represents a major gain for the entire Legislative Assembly 10945 21 February 1995 community and a real boost for those infrastructure, employment and community responsible for providing the people of the service. central west with a range of health-care Thirdly, it aims to provide contacts, services. information and experience that will improve The need for a permanent clinic at Yaraka the ability of individual conference delegates was identified through the community to contribute in their own way and in their own consultation process, which started with locality to better health for themselves, their regionalisation. That is a clear indication of the families and those with whom and for whom advantages of involving communities when they work. deciding how to best deliver services. The That conference has made many clinic has been built as a cooperative effort recommendations to improve rural health between the Central West Regional Health services in remote and rural areas of Australia. Authority and the Isisford Shire Council, which Professor Gavin Mooney, health economist contributed $5,000 towards the overall with the University of Sydney and Westmead construction costs of $56,000. The Royal Hospital, set the scene for the conference with Flying Doctor Service will use the clinic. The his address. He spoke on the policies and new clinic will assist to further enhance health economics of the rural health system and services. A site pad for the mobile dental clinic highlighted the need for efficiency from the has been included in the clinic construction, technical and allocative aspects and equity. and arrangements are well advanced for the He spoke also about the problems and issues provision of visiting dental services in Yaraka. of rural health and the conflict of efficiency It is very important to appreciate the role versus equity. that this Government has taken. Through not One of the speeches was very important only regionalisation but also community in terms of health rights issues. Often people consultation and cooperation with all levels of talk about health rights, but what are they the community we can provide those much- actually talking about? Marilyn Walton, the needed rural health services. NSW health care complaints commissioner, It was my privilege to attend the third gave a very informative address about the National Rural Health Conference on behalf of issues of health rights, including the right to be the Health Minister, Mr Hayward, on 3 treated with reasonable care, the right to February to 5 February at Mount Beauty in prompt medical treatment, the right to refuse Victoria. Delegates numbering 290, including treatment, the right to be informed about health consumers, professional, private and proposed treatment, the right to confidentiality, Government health providers, teachers, the right of patients to access medical records, researchers and policy makers, attended that the right not to be discriminated against, the conference. The important aspect of the right to have access to adequately qualified conference and what makes it different from health personnel, the right to a second other conferences is that it includes health opinion, the right to assistance from qualified consumers as part of the conference and health interpreters, the right to seek legal decision-making process. Members of the advice and the right to make a complaint. For CWA attended from all States to provide input people living in rural communities, these rights on the health needs of rural communities. have as much importance to them—and even more importance to them—as they have to The overall aim of the conference is to people in the city. help improve, as soon as possible, the health and wellbeing of people in rural and remote The panel on rural health consumer Australia. The conference aims to achieve that issues raised the matters of getting the health by, firstly, pooling information and producing dollars to remote areas, non-medical needs of recommendations for Government, training Aboriginals, lack of rural GPs, and lack of and research institutions, national associations training and leadership for rural GPs by and consumer groups to consider and use as universities and colleges of specialists. the basis for actions either together or The State Health Minister gave the separately, which would improve the health of closing address and spoke very strongly about non-metropolitan people. the need for direct action of the Secondly, it aims to strengthen the bonds Commonwealth Government to remedy the of communication between the various sectors shortage of doctors in rural and remote involved in rural health—consumers and Queensland. He called on the Commonwealth health professionals, relevant public servants, to distribute Medicare provider numbers on a administrators, media, teachers and geographic basis as a means of providing researchers and bodies concerned with rural doctors with the incentive to set up offices in rural and remote areas. 21 February 1995 10946 Legislative Assembly

Mr Johnson: What about dentists? Rockhampton and Toowoomba. The Goss Mr CAMPBELL: We all want more doctors Government has established a women's in rural areas. The honourable member should health policy unit, which has particular policies be supporting the need for doctors in his for rural women. The fight against breast and electorate. There is an indisputable need to cervical cancer is now being addressed by provide a level of commercial incentive that Statewide cancer screening programs. allows rural practice to compete with Queensland is leading Australia in breast metropolitan practice, and distributing cancer screening, especially in rural areas. Medicare provider numbers geographically Where there was once only one fixed breast would achieve that. Current Commonwealth cancer screening clinic and one mobile unit in initiatives designed to get more doctors into Queensland, there are now more than eight the bush have failed. A far more interventionist fixed clinics and three mobile units located approach is required; hence these repeated throughout the State. Plans are under way for calls for the Commonwealth to distribute additional fixed units to be located at Wide provider numbers and fix the problem once Bay and Mackay, with extra services planned and for all. for the central, central west and Wide Bay regions. The Goss Labor Government has a proud record in the number of services and new The Goss Government is taking rural initiatives designed to respond to the needs of health services to where they are needed—to rural communities. Anyone who has spent all rural people, including Aboriginals and time seriously working to change any system Torres Strait Islanders. would know that good quality, sustainable Time expired. improvements are the product of carefully Mr SPEAKER: Order! The time allotted for structured incremental change. All too often in Matters of Public Interest has expired. the past, urban models of service delivery have been imposed on rural and remote settings. This has been done at great expense CONSUMER LAW (MISCELLANEOUS and with the appropriate flourish but without PROVISIONS) BILL the necessary thought and care for the unique Second Reading aspects of service delivery in a non- metropolitan setting. The usual consequences Debate resumed from 25 November 1994 are failure, wasted resources and (see p. 10866). disillusionment of both service providers and Mr ROWELL (Hinchinbrook) (12.01 p.m.): the communities that the system was originally The substantial improvement in the road intended to serve. network around Australia over the past few We have made great changes. For decades has meant that people are no longer example, we have the Flying Surgeon and the isolated and their movement impeded. Far North Regional Obstetric and Gynaecology However, the removal of such constraints has Service. We have also established a cardiac not only given people better access to a surgery unit in Townsville to serve north variety of places but also has allowed the Queensland. Construction is under way of a criminal element greater mobility. cancer radiation facility at Townsville General Constantly, we see motor vehicles being Hospital to serve north Queensland. moved around en masse on the back of Development of new health service facilities semitrailers or on railway carriages. The and expansion of existing ones has occurred infrastructure and systems of transport for right across north Queensland with more than either heavy vehicles or personal travel by half of the capital outlay being spent outside land-based systems gives people the ability to Brisbane, for example, on the Mount Isa cover 1,000 kilometres a day. Although this Hospital refurbishment, new health facilities on ability to transport goods may be of significant the cape and a network of new community advantage, the downside means that goods health centres. Rural hospital superintendents acquired illegally in one location can be now have the right of private practice. relocated rapidly to another. In addressing this There is also the establishment of a north problem with motor vehicles and ensuring a Queensland medical school at Townsville, with person's security of title when making a associated teaching facilities at the Cairns purchase of a motor vehicle, the use of Base Hospital and the Mackay Base Hospital. electronic communications plays a major role. Rural health training units for the continuing The technology is now available to education of rural-based health professionals provide for a register to be kept and accessed have been established in Townsville, Cairns, instantly from practically anywhere in Australia. Legislative Assembly 10947 21 February 1995

The conversion of data from the Queensland Brisbane as a cost-cutting measure. Because Motor Vehicles Securities Register to the this Government is so strong on social justice register of encumbered vehicles is well issues, I was surprised that it took this step advanced. I would have thought that a before any envisaged replacement scheme scanning process whereby the information was was implemented. Honourable members will converted from one register to the other would know that it can be very expensive for a long- be the appropriate method. One of my distance caller to be placed in a queue waiting constituents has raised this matter with me, for an inquiry to be answered. Irrespective of because that person is having difficulty coming whether the information is being sourced by a to terms with the amount of paperwork that motor dealer or a private person, without that has been forwarded to him. A declaration on 008 number the consumer will be the one who the schedule of satisfaction has to be signed will incur the cost of accessing the register. to support the accuracy of the information I am given to understand that for those provided. Perhaps the Minister, in his reply, people who require the service, the REVS could tell the Parliament about the process register can be accessed 24 hours a day, that transfers the information from one register seven days a week. Therefore, it is very to the other which is now under way. important that the register should also include The Opposition has no fundamental as much accurate and up-to-date information objection to the provisions of this Bill. It will not as possible on stolen vehicles. be opposing the passage of the legislation. As techniques are developed to identify However, I want to mention some aspects. stolen vehicles, CITEC should be able to There is a clear need for what I consider to be better integrate stolen vehicles into the REVS the most important provisions in the Bill. They system daily with much improved accuracy. It allow for Queensland to join a national register is a constant challenge for law-enforcement of encumbrances and ensure that dealers agencies to improve methods of stemming the pass the title of a vehicle to the person who trade in stolen vehicles. Such a system would buys it. be of immense value to buyers who would, in I believe that the move to join the national turn, purchase an unencumbered vehicle, and REVS register is overdue, and I congratulate to the victims of theft who are subjected to the the Ministers in this State and interstate who loss of a possession that is often part of their are now very close to making an efficient livelihoods. We should remember that the national register of encumbrances a reality. I stolen vehicle trade is worth something like understand that only Tasmania and South $400m nationwide. Not every stolen vehicle Australia are yet to formally and fully join the will show up in an identifiable form in the scheme. There can be no doubt that a dealers' yards, but some will, and those could national scheme can be very effective. I have be returned to their owners. seen figures indicating that data exchanged The Opposition is very supportive of the between just three States showed that provisions in this Bill which require dealers to 120,000 vehicles carrying undisclosed ensure that title is passed to the buyer of a encumbrances were offered for sale. For us in vehicle. It is very easy to talk about shonky Queensland, REVS will be a step forward from salesmen but, clearly, some of them are, and the existing Queensland Motor Vehicles buyers need to know that they will have a title Securities Register which, I am told, attracted to what they have bought. I believe that the a quarter of a million inquiries in the year $1,200 penalty on a dealer defaulting on this 1992-93. provision is too low and I will ask the Minister A wide range of options is available for to consider some increase, if not a substantial people who wish to finance the purchase or one. I agree with the provision that a person lease of vehicles. Motor vehicles must be one not given clear title to a vehicle can make a of the most traded commodities in their price compensation claim, but I am opposed to that range in Australia. When such a large volume claim being made on the Auctioneers and of trade on an item that can be moved from Agents Fidelity Guarantee Fund. I will say a one place to another is taking place, it is little more about that in a moment. essential that every precaution is taken with The Bill makes it an offence to tamper encumbrances. In future, vehicles sold here with the odometer of a vehicle, and I certainly but encumbered in another State will show up endorse that provision. Removing a means of with just one telephone call rather than the falsely representing an item for sale is always several that had to be made in the past. That to be supported. It must also be said that the one phone call should still be available on a odometer reading is only one of many 008 number. I believe it is a retrograde step to indicators of the general condition of a vehicle. take away that service for people living outside 21 February 1995 10948 Legislative Assembly

It is quite common for a taxi to have 500,000 In the amendment to the Victorian kilometres on the odometer but for the motor Chattels Security Act of 1993, mention is still to be in good condition. Although the made of sharing with other States funding odometer reading might be a factor in the responsibilities for compensation. general value of a vehicle, there are many Administrative arrangements, sharing of fees other factors for a buyer to consider, such as and charges and the use of facilities and staff tyres, rust and paintwork. Nevertheless, I am are also mentioned. Will there be an overall glad to note that there are provisions in the Bill commission to deal with compensation, or will to enable a dealer who interferes with an each State judge a claim on its merits, odometer reading to be brought to account. irrespective of the State in which the incorrect I refer now to the provisions in the Bill entry leading to the claim occurred? I refer to relating to the payment of compensation to section 15A of the New South Wales the victims of breaches of this legislation. This legislation, in which specific mention is made is where I have real problems with the Bill. of arrangements with other States or When a customer who has been cheated has Territories. I realise that this legislation needs not obtained a court order for compensation, to be passed and implemented as soon as an application can be made to the possible for the protection of Queensland Auctioneers and Agents Fidelity Guarantee consumers, but I believe that all details should Fund for its consideration. This is good for the be ironed out at the start. consumer, but it is grossly unfair to the people I am not aware of any objections by other who contribute most of the funds, namely, the Opposition members to the repeal of the real estate industry. I will never be convinced Trade Measurement (Bread) Act 1990 or the that real estate businesses, through the Mortgage Brokers Act 1987. The Opposition earnings of their trust accounts, should be has no problem with the Consumer Law made to compensate for the security of (Miscellaneous Provisions) Bill. Generally, we transactions in the motor vehicle industry. I support all its provisions, but I have raised a believe the Government should have bitten few points that I would like the Minister to take the bullet and set up another compensation into account. fund with the contributions coming from the Mrs WOODGATE (Kurwongbah) industry itself. I am not at all happy with the (12.14 p.m.): In his second-reading speech, Government's record on the use of the the Minister said that the Consumer Law Auctioneers and Agents Fidelity Guarantee (Miscellaneous Provisions) Bill was a significant Fund. step forward in consumer protection in this I believe the real estate industry has every State. It certainly is, because the Bill benefits reason to feel that it has been used as a milch consumers in quite a number of ways. For cow by the Labor Government in its actions in example, proposed section 57 of the Bill relation to the fund. Other States have made requires dealers in used motor vehicles to far more equitable arrangements for supply a certificate of title from the Motor compensation. New South Wales has the Vehicles Securities Register before a contract Registration of Interests in Goods Act of 1986, of sale is entered into. This means that before which provides for a special deposits account a contract is even signed, the consumer will in Treasury for the receipt of all fees and know whether there is an encumbrance over a charges under the Act, as well as for advances particular motor vehicle. This section also made by the Treasurer, presumably to top up requires the motor dealer to ensure that clear the funding. Compensation is payable out of title is passed to the consumer. The present that account. In Western Australia, under the Act deems only the clear title to have been Chattels Security Act 1987, compensation is passed to the seller. Therefore, there is no payable from the Consolidated Revenue positive duty on the seller to ensure that the Fund. Those States have quite reasonably title is passed. The amendment provides a refrained from making one industry pay for the penalty if clear title is not passed. At the wrongs of another. moment there is no clear right to Before I leave the subject of compensation under the Auctioneers and compensation, I want to say a few words Agents Act for failure to pass clear title. If the about compensation involving interstate title is not passed, the fund must rely on the dealings. Does the Government have any idea provisions relating to false representation. This of what compensation payments have been amendment makes it clear that there is a right made in other States for the implementation to compensation if clear title is not passed. of REVS? I am talking about the actual costs This will also apply in the case of stolen in dollars. vehicles. As the dealer does not have title to a stolen vehicle, a person does have that clear Legislative Assembly 10949 21 February 1995 right of compensation in relation to stolen one in which the finance company gives notice vehicles. of the interest with the application. Those who It should also be noted that the lodge their applications for registration will get Queensland Motor Vehicles Securities priority in order of time of lodgment. Register records details of stolen vehicles. This Under the new system finance companies information is supplied daily to the registry by will be able to lodge their applications directly the police. Sometimes a vehicle will not be and electronically with the New South Wales shown as being stolen when in fact it has database, and manual registrations will take been. This may be because the thief—the place over the counter in this State. Although purloiner of that vehicle—has altered the two documents may be lodged at the same vehicle's identifiers or because the vehicle is time, because of the different time zones not reported stolen. This makes things a bit during daylight saving—and I will take up that difficult, because even the police would not argument later with the Deputy Premier; I know whether the vehicle is stolen. supported daylight saving, but we lost that Another way in which this Bill will benefit one—anomalies in lodgment times could consumers is via proposed new sections 59A arise. Therefore, New South Wales times will and 59B, which create the offence of apply to the registering and issuing of odometer tampering, which was referred to by certificates. the preceding speaker. A significant feature of The joining of this State with the REVS this amendment is that a court can order register will mean that Queenslanders will now compensation to a victim at the time of the have direct access to encumbered vehicle conviction of the offender. The court can do information in all other States. When the this at the request of the victim or it can make crossover occurs in April, Queensland will be an order of its own volition. on line with New South Wales, the ACT and As to proposed new section 99—the the Northern Territory. Whereas Western Auctioneers and Agents Act was recently Australia supplies tapes to New South Wales amended in the Consumer Law every day, it is anticipated that the other (Miscellaneous Provisions) Act of 1993 to Australian States will participate in what will require persons who had received an amount one day become a national database. I look from a source other than the fund in relation to forward to that day. the same loss to notify the fund. This I shall touch briefly on the repeal of the amendment expands on this provision and Trade Measurement (Bread) Act, which is enables the committee to prevent double being repealed in this Bill as a result of the dipping by enabling it to recover the extra recommendation of the Consumer Affairs amount by way of a debt. This means that the Ministerial Council that bread comes within committee can avoid having to recover the the ambit of the uniform trade measurement amount by means of sometimes uncertain civil legislation. I might point out—as the Minister remedies. This makes good sense. has done previously—that this has the As to proposed new section 6 and the unanimous support of the industry. amendment to the Motor Vehicles Securities The repealing of the Mortgage Brokers Act—this is one of the amendments relating to Act is the result of the working party that Queensland's linking with the New South reviewed partially registered occupations. Very Wales REVS database. Members have heard few mortgage brokers—eight or nine—are quite a bit about this recently. The registered in Queensland. Because of the amendments contained in this Bill recommendation of the working party and the complement those in the Justice Legislation low usage of the legislation, the Act is to be (Miscellaneous Provisions) Act 1992. The repealed. I support the Bill. amendments made to that Act and those in Mr SANTORO (Clayfield—Deputy this Bill will enable Queensland to join the New Leader of the Liberal Party) (12.19 p.m.): In South Wales database, which represents a big common with the Opposition spokesman, Mr step forward. Rowell, I support the general thrust of this Bill. Proposed new section 6 states that the The most important component of this Bill is time expressed in the register is to be stated the proposed linkage of the Queensland to be the time in New South Wales. All Motor Vehicles Securities Register with the members would realise that with the vehicle encumbrance register of New South proclamation of the justice legislation Wales. That linkage will facilitate the amendments, the Queensland register will development of a national database of change from one in which the security interest information on encumbered vehicles, provide instrument is lodged with the application to a better service to vehicle purchasers, 21 February 1995 10950 Legislative Assembly financiers and motor vehicle dealers and help that a consumer who has suffered a loss has to prevent the interstate trade in encumbered a clear right to claim compensation from the motor vehicles. No member would oppose as fund. a matter of principle any legislative measure Still on motor vehicles, I also support the aimed at preventing fraud and increasing the insertion of a provision targeting odometer availability of information. However, that does tampering. In particular, I support the fact that not mean that any such measure deserves this provision will cover private sellers as well unconditional support, and I have a few as motor vehicle dealers. Some of the worst concerns about the practical implications of cases of speedo wind backs involve backyard the proposal. dealers, and it is imperative that the Honourable members may have noticed Government protect consumers from whoever that the proposed section 22 of the Motor sells cars and not simply crack down on Vehicles Securities Act provides that the time registered motor vehicle dealers. of issue stated in the certificate must be The Bill also repeals the Trade expressed as the relevant time in New South Measurement (Bread) Act. Once again, the Wales. Although it is not explained, I assume Minister did not explain what effect the repeal that this is because of daylight saving. will have, except that it has the support of However, the potential implications of this industry. I thought that, as a Consumer Affairs provision are significant. This amendment Minister, Mr Burns would have outlined the highlights that, once linked with the New South effect that this repeal will have on consumers. Wales database, the capacity of Queensland Will bread be weighed differently? If so, what to control the operations of its registry will will that mean for people buying this product? inevitably be weakened. Data entry will take Why are we now going down a path that was place in Sydney, and any changes to the New rejected as recently as 1990 by this South Wales register will inevitably have to be Government? Once again, I am not saying addressed in Queensland. that repealing this Act is a bad thing and that it The Minister did not explain what would does not deserve support. However, I am happen if Queensland ever chose to suggesting that a fuller explanation is needed, disentangle itself from New South Wales. Is it either in the Minister's speech or in the the case that, once we are linked, we have no Explanatory Notes. As it is, any person looking capacity in a practical sense to ever leave? at the report of these debates or reading the Are we sacrificing our capacity for independent Bill would not have a clue what the repeal of action? If not, what are the ramifications of this Bill will mean, what costs for industry or linking with the New South Wales register? consumers may flow from it and the None of these issues was addressed by the drawbacks of the existing provisions and the Minister, and I have some niggling concerns advantages of the non-Queensland approach. about giving a blank cheque to a project In comparison, the Minister pointed out the which, although advantageous at the outset, relative lack of use of the Mortgage Brokers could have long-term drawbacks. I hasten to Act, and for that reason I believe that its add that I support the linkage of the State repeal deserves support. registers. However, I question whether this is It would be remiss of me not to mention in the best means of giving effect to this conclusion the problem of stolen vehicles and principle. the role of the Motor Vehicles Securities I have no hesitation, however, in Register. Although this is a register of supporting proposed new section 57 of the encumbered vehicles, it has always contained Auctioneers and Agents Act. As explained by data on stolen vehicles. This added service the Minister, the current guarantee of title is a has always been welcomed. I ask the Minister paper one only, whereas what is proposed will to explain whether the national linkage of have some teeth. I wonder, though, whether a encumbrance registers will result in a pooling penalty of $1,200 is a large enough deterrent of information on stolen vehicles. The linkage to motor vehicle dealers not giving good title. of the registers will provide a classic Moreover, that is only the maximum penalty, opportunity for data on stolen vehicles to be and to me it seems like a slap on the wrist. I made available to the purchasing public. This ask the Minister: if a motor vehicle dealer does will result not only in fewer people buying hot not give good title, does that result in a show- cars but also in more thieves being caught. I cause proceeding before the Auctioneers and accept that the core business of the registers Agents Committee? I assume that it would, is encumbered vehicles, but a database such but I seek clarification that this is in fact the as this should not and cannot be so limited. I case. I welcome the amendment to section 99 therefore seek information from the Minister as of the Auctioneers and Agents Act to clarify to whether, when people search the register, Legislative Assembly 10951 21 February 1995 they will get information not just on the circumstances, for a significant and increasing encumbered status of the vehicle throughout number of Queensland families the purchase Australia but also whether it has been reported of a motor vehicle is one of their major as being stolen anywhere in Australia. financial transactions. That applies particularly I support the Bill, but I ask the Deputy to young people. Therefore, it is important that Premier to address the questions that I have we get the law right and that motor vehicle posed. dealers are required to and do in fact provide clear title. Mr BEATTIE (Brisbane Central) (12.24 p.m.): I intend to speak relatively briefly I turn now to the other provisions of the in support of the Consumer Law Bill. If a motor vehicle dealer fails to provide (Miscellaneous Provisions) Bill. The clear title, a purchaser will now have an contribution by the honourable member for opportunity to claim against the Auctioneers Kurwongbah covered many of the points that I and Agents Fidelity Guarantee Fund. The wanted to make. The member always makes current law is ambiguous in that regard. This excellent contributions in this House, and on amendment means that if an ordinary family this occasion I could not improve on what she or a young person does not get clear title for said. However, I think it is worth noting that the whatever reasons—and I will return to this in a primary object of these amendments is to moment—they have an opportunity to claim implement the recommendation of the Special against the Auctioneers and Agents Fidelity Premiers Conference to allow the Queensland Guarantee Fund. It is important that any Motor Vehicles Securities Register to join with ambiguity be removed. the New South Wales REVS motor vehicle Many young people save for a long registry. As the Minister pointed out in his period for one of the major events in their second-reading speech, by joining with the youth—purchasing their first motor vehicle. My REVS registry, Queensland will become a part most important early purchase was a of what will become a national database of second-hand motor vehicle. encumbrance registers. Mr FitzGerald interjected. As a lawyer, I find it extraordinary that under the law as it currently stands a car Mr Santoro interjected. dealer cannot be prosecuted for failing to Mr BEATTIE: I can tell from the provide clear title. That is an extraordinary set interjections being made by the member for of circumstances. The ordinary citizenry of Lockyer that he does not care about young Queensland would be appalled to discover people. He is interested only in interjecting to that the current law does not require a motor try to distract me from the fundamental point vehicle dealer to provide clear title. That is that I am making, that is, that this amendment because the Act only deems the dealer to is designed to protect young people. As I was have guaranteed title to the vehicle. Over the saying before I was so rudely interrupted by years, we have all heard the old, tired jokes the honourable member for Clayfield and along the lines of, "Would you buy a used car others—— from this person?" That joke was used particularly in relation to former US President Mr Santoro: We're just trying to help you. Richard Nixon. We all harbour a certain degree Mr BEATTIE: I thank the honourable of derision towards motor vehicle dealers, member for Clayfield. some of which is fair and some of which is As I was saying, one of the most unfair. significant early purchases that I made was a Mr Ardill: We've got one in the House. motor vehicle. When I was 18 years old, I Mr BEATTIE: There are quite a few on certainly was unaware that the motor vehicle the other side of the House! dealer with whom I dealt was not required to give me clear title. I believe that that was a The reality is that, when a person walks reprehensible state of affairs. This legislation into a motor vehicle dealer's premises, they now places that obligation on a motor vehicle expect that that dealer will be able to and be dealer. required to provide them with clear title. It is an appalling state of affairs that until now the law Mr FitzGerald: What do you think of the in this field has been so remiss. Accordingly, I reverse onus of proof provision in that? am delighted to see the inclusion of that Mr BEATTIE: I am pleased that the amendment in this Bill. member for Lockyer raised that point. As a For many people, a car is their major lawyer and as a civil libertarian, I am generally possession. Due to tight economic not in favour of reversing the onus of proof. 21 February 1995 10952 Legislative Assembly

Whether a person is charged with a criminal the purchaser to sign a form offence, a simple offence or whatever, I have acknowledging the receipt of the security always believed that that person is innocent interest certificate and the approved until proven guilty. However, we must accept form." that in certain complex financial arrangements If members refer to clause 7, new section such as these, the onus of proof must be 57 (4), they will see that the requirements of scrutinised in a number of ways. I will not deal the motor dealer are clearly set out. I have with this particular piece of legislation, because referred to them in general terms. I refer again I know what the member's interjection was all to the young person wishing to buy a car. New about. The point is that sometimes—in very section 57 (4) states— rare circumstances—there needs to be a reversal of the onus of proof. Over the last five "The motor dealer must on the day years, members of this place will have noted of, and before, the sale"— that on a couple of occasions that has again, I mention the importance of timing— occurred. However, such occasions are very "(a) give the buyer a security interest few and far between. As a matter of principle, I certificate for the vehicle issued on the do not agree with a reversal of the onus of day of sale;"— proof. not at another time but on the day of sale, the Under this legislation, motor vehicle crucial time— dealers are required to provide clear title. They are required to do that to a reasonable "and— standard, and I will return to that point. If (b) give the buyer an approved form something goes wrong, a purchaser has the stating— opportunity to claim against the Auctioneers (i) particulars about the vehicle, and Agents Fidelity Guarantee Fund. including its identity and odometer I turn now to some of the other provisions reading at the time of sale;" of this legislation. Clause 7 omits the old Again, this is the sort of detail that makes section 57 and replaces it with a new section fraud and deceit very difficult. The section 57. The new section will provide as follows— continues— "The motor dealer must ensure the "(ii) that the dealer has ensured that buyer gains clear title to the motor vehicle the buyer will gain clear title to the at the time of sale." vehicle at the time of sale;" The important part of this clause is the wording Those are two fundamentally important points. "at the time of sale". As I said before, under Subsection (4) (c) states— the new section 57 (4) it is a defence for the motor dealer to prove that the dealer took all "ask the buyer to sign an approved form reasonable steps to ensure that section 57 (2) acknowledging receipt of the documents is complied with. The clause further provides mentioned in paragraphs (a) and (b)." that the motor dealer is required to provide to So the motor dealer cannot con the the purchaser on the day of, and before the buyer. In fact, the dealer is required to get the sale, a security interest certificate issued on buyer to sign an acknowledgment. Obviously, the day of the sale. those forms have to be kept under close It is not unheard of to make it law that the surveillance to make sure that they are clear dealer must take all reasonable steps. The and unambiguous in their wording so that British common law that this country inherited, young people are not fooled by the complex the law both in Australia and in Britain, has nature of the document given to them. The always talked about "the reasonable man", or, purchaser is required to acknowledge receipt these days, "the reasonable person". Whether of the documents mentioned earlier. The new or not something is reasonable has always section states further that the dealer must— been the basic test of the application of the ". . . give the original of the form law. So it is appropriate that this statute talk mentioned in paragraph (b) to the buyer about "reasonable steps". The Explanatory and keep a copy of the form." Notes state— All of these things are put in place as checks "The dealer is required to give to the and balances. There is a maximum penalty of purchaser an approved form stating 20 penalty units if a motor dealer does not particulars about the vehicle and stating comply with those requirements. that the dealer has ensured that the As I said at the outset when I was talking purchaser will gain clear title to the vehicle about this point, as a lawyer and as a member at the time of sale. The dealer must ask Legislative Assembly 10953 21 February 1995 of this House I was appalled to find that in fact instance, the young people I referred to motor dealers could not be prosecuted for earlier. failing to give clear title because the Act Mr Johnson interjected. deems the dealer only to have guaranteed title to the vehicle. That was a very Mr BEATTIE: As the honourable member reprehensible state of affairs. I congratulate knows, I have retired from that honourable the Minister on changing the legislation to give profession. However, I am sure that there are greater consumer protection to individuals many lawyers in my electorate who would be buying vehicles. more than capable of doing that. Another safety measure in the legislation The incidence of theft of vehicles in the is clause 8, which creates the offence of community is very high. As all honourable odometer tampering. In fact, new subsection members know, my electorate of Brisbane 59A (1) states— Central takes in the CBD. I know that there is "A person must not tamper with a an unacceptably high incidence of vehicle motor vehicle's odometer with intent to theft within my electorate. falsely represent that, at a particular time, Mr Johnson: Are you saying they're all the vehicle had not travelled more than a crooks, are you? specified distance." Mr BEATTIE: No, I am not saying that We have all heard the stories of the backyard any particular part of Queensland has crooks, operators who take the car down to the but when the member visits my electorate, of backyard or the garage and sit it there, course I have concerns! running the wheels backwards until the Mr Johnson interjected. odometer goes backwards. Mr FitzGerald: You told me you didn't Mr BEATTIE: If this is an admission of the know about that. member for Gregory's misspent youth, too, I must say that I do not think it is any good for Mr BEATTIE: As the member would him or the honourable member for Lockyer. I realise, not being a fraud or a crook I do not am appalled to see this sort of behaviour in understand the way these things work. In my the Chamber, but I commend them for their naive honesty, I would not understand how honesty. It is about time we had—— one behaves in a fraudulent manner. However, I am guided by the members of the Mr Robertson: First time. Opposition—and I thank them for their Mr BEATTIE: It is first-time honesty. guidance—about how one goes about these I want to get back to my point. These things. Perhaps they would like to put on interjections are dragging out my contribution record in more detail just how to do it, but I do unnecessarily. As I was saying, there is an not think that would be constructive to the unacceptably high incidence of motor vehicle records of this House. theft in the Western World. It happens not Mr FitzGerald interjected. only just in my electorate or just in Brisbane, it Mr BEATTIE: I am dealing with proposed happens everywhere—Sydney, Melbourne new section 59A (1) in relation to preventing and, in fact, the whole Western World. To tampering with odometers. I do not want to protect consumers who buy vehicles we have deal with the honourable member for to ensure that not only do motor vehicle Lockyer's misspent youth here; I do not think dealers have to provide title, they have to that is constructive for anybody, least of all his make sure that that title is not encumbered. constituents. Many years ago, when I was a humble Proposed new section 59A (2) states— law student, I spent a great deal of time discussing the law of encumbrance and the "If a court finds a person guilty of an need to pass free title. As all honourable offence against subsection (1), the court members are aware, the law relating to that is may, on its own initiative or on the very clear. If a vehicle is encumbered and a application of a person who has suffered person purchases it, the complex nature of the loss, order the person who committed the law is that it is purchased subject to that offence to compensate for loss resulting encumbrance, with varying degrees, of course. from the commission of the offence." Obviously, it is important that, whenever a People who are involved in this illegal practice vehicle is transferred, it is transferred free of of tampering with odometers will find encumbrance. So the provisions in this Bill that themselves being required to compensate guarantee as much as they possibly can that those people who have been defrauded, for 21 February 1995 10954 Legislative Assembly a vehicle is transferred free of encumbrance If one considers the cost of vehicles, $6,000 is are also important. an adequate penalty now. Perhaps in years to As the Opposition spokesman said—and I come it should be increased; but now a agree with Mr Rowell on this point—Australia's $6,000 penalty is more than adequate. national road network has been improved to Mr FitzGerald: It's going to go up, cater for a great deal more traffic, so it is not anyway. very difficult for a vehicle to be stolen in Mr BEATTIE: It will go up, but I am talking Brisbane tonight and to be transferred to about increases in real terms, not general Adelaide in a relatively short time and then increases. The honourable member is being resold. That is why we must have, as far as is difficult to get on with today. He must have humanly possible, a national register. One of had razor blades for breakfast. Maybe we the key hallmarks of this piece of legislation is should talk about his misspent youth. that we are moving towards such a national register. In about April 1995, we link up with Mr FitzGerald: There's a lot to talk the New South Wales registry. The only way in about. which we can clamp down on those crooks Mr BEATTIE: Did the honourable member and stop, as far as possible, the resale of say that there is a lot to talk about? I bet there stolen or encumbered vehicles is to have that is, too. national database. The legislation is long overdue. I am If one considers what is happening in a delighted to see that a greater onus is being range of areas, one realises that national put on motor dealers to provide clear title, that databases are the way to deal with crime. As I we now link into a national system and that, as have said in this House on previous occasions, a result of all of the legislation, we will provide if one had been involved in organised crime in greater consumer protection. As consumers the latter part of the nineteenth century—in demand greater rights, as they are entitled to, the 1880s or the 1890s—one would have we can tell those consumer groups that say argued for the creation of State boundaries that they want greater protection, "This is the and State Police Services because, in the type of legislation you want. This is the type of past, that not only led to duplication but also, legislation that the Goss Government is giving because of jealousies in the Police Services, you. You will be better protected." We are worked actively against the solving of crimes. protecting, in particular, all of those young These days, there is a greater deal of people who, for the first time, go to a motor professionalism in Police Services and a lot of dealer to buy a vehicle. that old petty jealousy has gone or is going. Time expired. Nevertheless, State borders and State Mr FITZGERALD (Lockyer) jurisdictions do create problems. That is why it (12.44 p.m.): It is with pleasure that I join in is fundamentally important to have a national the debate and, in particular, follow the system that will enable checks to be carried member for Brisbane Central. He wanted to out—a database on which, to some extent, talk about my misspent youth, but he had the history of a vehicle can easily be checked, nothing to talk about. I have it on good including whether it is encumbered or has authority that he has been associated with been stolen. That is why pieces of legislation crooks for most of his professional life. If we such as this Bill are important. That is why, were to introduce the American system of over the past five years, various Ministers in payment for lawyers, he would starve charge of this portfolio have introduced pieces because, in America, one gets paid for one's of legislation that have followed meetings of winners, not for one's losers. the various State Ministers with the Federal Minister and conferences and discussions on While the Opposition spokesman spoke uniform national approaches, which have to the legislation, the amendments to the been to the credit of the Ministers concerned legislation were being passed around to and to the benefit of consumers. members. The Opposition spokesman said that we support the Bill. However, I must add I reiterate that the legislation is long the proviso that members of the Opposition overdue. It should have been introduced years were not aware of what the amendments ago. It is sad that it has taken this long to be would be. The Opposition spokesman was introduced. I take a different point of view from made aware that some amendments to the that of members of the Opposition who legislation would be moved, but not specifically argued that for anyone who plays with an what they were. It is quite reasonable that odometer or is involved in odometer amendments are brought into the House tampering, a penalty of $6,000 is not enough. sometimes because drafting errors must be Legislative Assembly 10955 21 February 1995 corrected or other minor amendments must be The major part of the Bill before the made to the legislation before the House. House refers to the motor vehicles register. However, on this occasion, we have The Opposition has supported it. Ever since received copies of amendments to other Acts Parliament imposed a special penalty on that are not before the House. The long title of horse thieves, people have been very, very the Bill before the House states— concerned about their modes of conveyance. Horse thieves would be hanged. Sometimes, "An Act to amend certain Acts they would be tried before they were hanged. administered by the Deputy Premier, People have always had a pride in their Minister for Emergency Services and method of conveyance. Minister for Rural Communities and Consumer Affairs of Queensland, and to Mr Beattie: How come you got away repeal certain Acts." then? I know that is the description of the Bill. Its Mr Burns: Couldn't you take that reference to "rural communities" is slightly interjection? A hard one to answer. inaccurate. I will not speak specifically to the Mr FITZGERALD: "Has he stopped amendments, because I cannot. They are belting his wife?" It is one of those types of amendments to the Classification of Films Act questions. For young people today, their 1991. I do not have that Act in front of me. It motor vehicles are their status symbols. It is is not in the Chamber. ridiculous. One buys a vehicle to get from Mr Burns: I've got it here. point A to point B. One wants a reasonably efficient, reliable vehicle. However, there are Mr FITZGERALD: Yes, the Minister has it. so many models on the road that cars The amendments were handed around while become status symbols. Young people cannot the Opposition spokesman was speaking to wait to get their first vehicle. When they get the Bill. The Minister proposes that change. behind the wheel of their first car, drive down We were also given copies of an amendment the road and people notice them, it gives to the Classification of Publications Act 1991. them a certain pride. Everyone has that pride, Because we do not have that Act in front of including older people. When Tom gets in his us, we must give the Government a blank ministerial car—— cheque. We received copies of an amendment to the Travel Agents Act 1988. Mr Burns: I like to drive it. The Minister proposes to omit certain sections Mr FITZGERALD: He likes to drive, of that Act. because it is a feel of something that we have. I do not believe that is reasonable or fair. We love driving new vehicles. The Opposition should have at least been I take up a point that was raised by the given a briefing. Parliament has not sat for a member for Kurwongbah. She highlighted the couple of months, and we received confusion that could exist between the States. amendments to a Bill when the Opposition New South Wales has daylight saving and spokesman was halfway through his speech Queensland does not. I want an admission on that Bill. I must complain about the from the Minister that he will never support process. The Opposition always complains daylight saving. The people of Queensland about amendments to Acts. That is usual. have made their decision. They did it by Government members did it when they were in referendum. The member for Kurwongbah Opposition, too, when they were about to said that the one-hour difference will be a speak in a debate and a Minister handed great nuisance, but I believe that we should around some amendments. That is have uniformity between the States. All States reasonable if the amendments are to the Act should fall into line with Queensland. I strongly that is before the House. At least, members support the decision made by the people, and understand the amendments. However, we I want the Minister to support their view. The have not seen the other amendments that Minister was known as a person who did relate to Acts that are not before the House. support daylight saving. Then he had second My electorate is rather sensitive to changes to thoughts about it. the Classification of Films Act. Mr Burns: So did you. Mr Burns: I bet you support it when I Mr FITZGERALD: I always believed that explain it to you. we should have a referendum on daylight Mr FITZGERALD: I might support it, but I saving. As the Minister would know, that was have not seen what it is. I do not believe in the policy on which we went to the 1989 giving people blank cheques. election. I want a definite commitment from the Minister that he will resign from Cabinet if 21 February 1995 10956 Legislative Assembly daylight saving is reintroduced in Queensland. Mr Burns: What about the bread Act? I feel strongly about that issue, as do my That was a big issue. constituents. Mr FITZGERALD: That was in 1990, and If we had set up the parliamentary that legislation was enacted by this committee as recommended by the Government. I remember the 1987 debates Parliamentary Electoral and Administrative on the Mortgage Brokers Act. During the Review Committee under the Legislative formulation of that Bill, there was a lot of Standards Act, we would now have before us discussion about whether or not it would be a statement that this legislation contains a successful. I think the Minister said that eight reversal of the onus of proof. I believe that, in licensed people—— his speech, the member for Brisbane Central Mr Burns: Since we started to do away said that the onus of proof is reversed. I do with a number of them, we got nine. not disagree with that. In his second-reading speech the Minister stated— Mr FITZGERALD: The Minister says that there are now nine people involved. I ask the "In order to assist prosecutions of this Minister, in his reply, to tell the House what will offence,"— happen to those people and what are the that is, odometer tampering— disadvantages or advantages for them. "a special evidentiary provision in the Act Mr Burns: They just won't need to be will state that if a motor vehicle's registered. odometer reading shortly after a motor Mr FITZGERALD: Can those people still dealer had possession of a vehicle was trade and deal? less than its reading when the dealer took possession of the vehicle, that fact will be Mr Burns: Just the same, like any evidence of the fact that the dealer deregulated industry. engaged in odometer tampering." Mr FITZGERALD: It is just an ordinary In other words, he does not have to be caught deregulated industry. That is fair enough. I in the act. accept the Minister's comment. I remember the debates when the Bill was introduced. Mr Burns: Without it you'd never catch Members wondered how many of those anybody. people would go. Some members were right Mr FITZGERALD: I agree. Had we had when they said that they did not think that it the parliamentary committee I have already would be a big issue. I believe that this mentioned, the House would be aware of that provision will exist so that those people can be reversal because it would have been registered. highlighted. I do not disagree that the onus of I hope the Minister takes note of the proof has been reversed. However, I believe points that I have made, particularly in relation that members of this House have a right to to slipping amendments into another Act that know wherever it occurs in legislation. If a members do not have before them. That was person's car is parked too long at a parking a disgraceful act by this Government, which meter, even if somebody has borrowed that should give us more notice if this is to happen vehicle, the owner would be sent a parking again. ticket. That is a reverse onus of proof, because the owner of that vehicle must prove Mr ROBERTSON (Sunnybank) that the vehicle was stolen or was not in his or (12.55 p.m.): I rise in support of the Consumer her possession at that time. The owner is Law (Miscellaneous Provisions) Bill. In joining considered guilty unless he or she can prove my colleagues the member for Kurwongbah those things. The same principle applies in this and the member for Brisbane Central, I case. The necessity for that reversal has been certainly praise the Deputy Premier and well and truly accepted in our society, but I Minister for Consumer Affairs on what is a long believe that it would be better if the overdue initiative. parliamentary committee recommended by The Consumer Law (Miscellaneous the Parliamentary Electoral and Administrative Provisions) Bill is a significant step forward in Review Committee under the Legislative consumer protection in this State. The 1991 Standards Act was in place. Special Premiers Conference recommended I note that two Acts, namely the Mortgage that a national motor vehicle security register Brokers Act 1987 No. 55 and the Trade be established. That recommendation resulted Measurement (Bread) Act 1990 No. 69, are from the fact that huge financial losses have going to be repealed. I was sitting on the occurred because there is no cross-border Government side of the House when the linkage of information about encumbered Mortgage Brokers Bill 1987 was introduced. vehicles. Legislative Assembly 10957 21 February 1995

The primary objective of these The amendments also provide that if the amendments is to implement the motor dealer does fail to pass clear title, the recommendation of the Special Premiers purchaser will have a clear right to make a Conference and to allow the Queensland claim against the Auctioneers and Agents Motor Vehicles Securities Register to join with Fidelity Guarantee Fund. Until now, the Act the New South Wales REVS motor vehicle has been ambiguous as to whether persons registry. By joining with the REVS registry, can claim against the fund when they have Queensland will become a part of what will not received clear title. become a national database of encumbrance Importantly—and again, as other registers. That link, as I believe the member speakers have pointed out—this Bill also for Brisbane Central pointed out, is expected targets persons engaging in the deceitful to occur in April 1995. When Queensland joins practice of odometer tampering. The with New South Wales, a person applying for a amendment makes it an offence to tamper certificate through the Queensland registry will with odometers. From now on, perpetrators of have access to information relating to the this offence will face a penalty of up to $6,000. vehicle from all participating databases. That I note from the Opposition spokesperson's will be of particular advantage to people living contribution to this debate that he had some in border areas, as they will be able to find out difficulty with that. I do not think that anyone in whether a vehicle is encumbered in their the Opposition should squeal too loudly about neighbouring State or Territory. This the provision relating to odometer tampering. amendment will therefore minimise the cross- In my view, all members of the Opposition border sale of encumbered vehicles. could face a charge of doing just that, given This protection will be strengthened by an that they have been trying for many years to amendment to the Auctioneers and Agents turn back the clock in this State. In order to Act, which will require dealers in used motor assist prosecutions for this offence, a special vehicles to supply the purchaser with a evidentiary provision in the Act will state that, if certificate from the registry which bears the a motor vehicle's odometer reading shortly date of the sale of the vehicle. That certificate after a motor dealer had possession of a will show whether the vehicle is encumbered. vehicle was less than its reading when the A consultancy commissioned by the then dealer took possession of the vehicle, that fact Department of Consumer Affairs showed that will be evidence that the dealer engaged in there is a surprisingly high percentage of odometer tampering. motor dealers who do not obtain a certificate A further provision that will help from the registry in relation to a vehicle sale. consumers is one which will allow the court to That alarming fact means that there are many make an order of compensation in favour of transactions taking place which do not have the victim of odometer tampering after the the protection of a certificate. These perpetrator has been convicted. That will amendments will mean that if a consumer mean that the aggrieved person will receive deals through a licensed motor dealer, he or speedy compensation and will not have to she will be able to see for himself or herself, take legal proceedings in order to claim before signing on the dotted line, whether the compensation from the dealer. Of course, the vehicle is encumbered. As previous speakers victim will still have his or her rights to claim on have said, that will be of significant value, the Auctioneers and Agents Fidelity particularly for young people who are Guarantee Fund. desperate to get that first motor vehicle and The Bill also repeals the Trade will do anything to drive it out of the car yard. Measurement (Bread) Act 1990. This repeal The amendment will, therefore, not only results from a recommendation of the protect the consumer but will have the added Consumer Affairs Ministerial Council that bread bonus of reducing claims against the should come within the ambit of uniform trade Auctioneers and Agents Fidelity Guarantee measurement legislation. This proposal has Fund. the unanimous support of the industry. Other amendments to the Auctioneers The repeal of the Mortgage Brokers Act and Agents Act will require motor dealers to 1987 is the result of the recommendations of ensure that title in the vehicle is passed to the the working party reviewing partially registered purchaser. If a dealer fails to do this, he or she occupations. As the name suggests, the work will be liable to a penalty of $1,200. As the Act of mortgage brokers involves trading in now stands, a dealer could not be prosecuted mortgages. At the moment, there are only for failure to give clear title. That is because eight mortgage brokers licensed in the Act only deems the dealer to have Queensland. Because of the guaranteed title to the vehicle. 21 February 1995 10958 Legislative Assembly recommendations of the working party and the appointed additional officers in Cairns and low usage of the Act, it is desirable that this Southport. In addition, as I said, I want to start Act be repealed. This measure also has the REVS, which will greatly enhance service support of the industry. delivery in these fast-growing areas. With those few comments, I support the While I am referring to that issue, it is Bill. worth noting some brief statistics. During the Sitting suspended from 1 to 2.30 p.m. financial year 1993-94, the Office of Consumer Affairs received 808,637 telephone calls. Hon. T. J. BURNS (Lytton—Deputy Those calls consisted of 743,686 inquiries Premier, Minister for Emergency Services and received in Brisbane and 64,951 received from Consumer Affairs and Minister Assisting the regional centres. Of the 743,686 telephone Premier on Rural Affairs) (2.30 p.m.), in reply: I inquiries received in Brisbane, 269,186 were thank the member for Hinchinbrook for his related to the QMVSR. In relation to the general support of the Bill and his recognition QMVSR, 84 per cent of inquiries are made by that many of the matters contained in it will be motor dealers or other related industries. We of great benefit to consumers. However, the also know that 66 per cent of all the industry member for Hinchinbrook expressed some callers do not obtain certificates. The plain fact problems that he had with the legislation. is that consumers want certificates because, In regard to his claim that rural consumers although consumers account for only 16 per will have to wait in telephone queues in order cent of the inquires, 99.7 per cent of those to access the Motor Vehicles Securities callers inquired about obtaining certificates. In Register, I make the following comments. As other words, just about every consumer who he would know, I was formerly the Minister for rang up wanted a certificate to prove title to a Rural Communities and I always argued that car. However, the dealers were quite happy to we should not replace staff in country towns ring up to get the details in general terms. We with machines, that we should not use a new believe that it is fairly obvious from those electronic system to remove staff and that, if statistics that consumers want the possible, we should try to keep staff in those certificates—and they should get the areas. There is always going to be a time certificates. Those statistics also indicate that when people will need to use electronic the primary users of the register, that is, the systems, and we will provide that system. motor vehicle and other industry users, are not However, I am of the belief that we ought to supplying certificates, despite the consumer be trying to expand the motor vehicle side of demand for them. that scheme. The two most expensive So under the new arrangements, which purchases people make are the purchase of a will come into force in April as a result of this house and the purchase of a car. I am intent Bill, each caller checking the register will be on trying to expand the REVS scheme into required to obtain a certificate, for a fee, from places such as Rockhampton, Townsville and the Office of Consumer Affairs. There has Cairns. To do that, I had to address the always been a fee involved. In fact, the office problem of continuing to provide the 008 will charge the same fee that exists in Victoria number for people in those areas or to go and New South Wales. That means that some down the track of providing officers in those people get it a little dearer; some people get it areas. I said, "Let us cut it out." I will admit a bit cheaper. However, the office will charge a that I have cut it out a bit early—— national fee to avoid discrimination of one Mr Rowell: That's the point I made. State against another. Mr BURNS: That is right, but at the Licensed motor dealers will also be same time, if I do not cut it out, there will required to provide certificates to purchasers always be a tendency for departmental officers on the day of purchase. Dealers will have to and others to say, "Why do we not just put on give purchasers the certificates the day they more 008 operators in Brisbane?", and the buy the cars, not next week or things like that. service is not provided by staff in the regional That will ensure that each user of the register areas. So the decision to cancel the 008 is protected and that there are no free riders number is in line with the Government's rural on the system. and regional service delivery policy of trying to By April, with the introduction of a new provide more staff in those areas. The computer system for the new REVS register expansion of regional services includes the and with the agreement of the other States, all opening of the additional service centre in users of the REVS register will be able to Mackay. We have advertised for someone to access information on registered financial fill the position created in that area, and it interests in other States with one phone call. should be filled very shortly. We have Legislative Assembly 10959 21 February 1995

In relation to the concerns raised by the immediately. In those instances, a stolen member for Hinchinbrook and the member for vehicle would not be identified by a check on Lockyer regarding stolen vehicles—stolen the register. If the professional thieves have vehicles data is presently recorded on the altered the numbers, all we will have on the register. I have to say that not every stolen register will be the old numbers. vehicle is recorded on the register. Finance The Auctioneers and Agents Act requires companies will make certain that any motor dealers to guarantee clear title to encumbrances on vehicles will be recorded, purchasers. Therefore, if a person who because it is in their interests. However, the purchases a vehicle from a dealer best we can do is to accept the data that is subsequently has it confiscated by the police provided daily by the Police Service and put it as a result of it being identified as a stolen on the QMVSR database via a tape through vehicle, that person may be able to pursue CITEC, which currently provides facilities financial compensation by making a claim management for QMVSR. So the stolen against the Auctioneer and Agents Fidelity vehicle information is an added client service. Guarantee Fund. As members would know, the QMVSR was established to enable financiers to register It is also important to point out that stolen their security interests over motor vehicles. It vehicle issues are being addressed continually was not related to stolen vehicles when it was by the Police Service and that both the Office set up. It does not provide—and I have to say of Consumer Affairs and the Transport this clearly so that members understand— Department have ongoing liaison with the complete stolen vehicle information and it Police Service to examine options to improve cannot offer full protection in relation to stolen consumer protection in this area. We have to vehicles. keep moving and improving. Mr Rowell: It's impossible. Mr Rowell, the member for Hinchinbrook, also asked the question of whether the fund Mr BURNS: That is right; that is should be able to be applied for claims under impossible, unless we issue every crook with a section 57. The consumer should be able to hand-held phone to be able to ring us up and make a claim on the fund as not only real say, "I have just stolen this vehicle", or unless estate agents but also motor dealers somewhere along the line we are able to contribute to the fund. A proportion of the guarantee that the engine number and the initial licence fee paid by motor dealers is paid chassis number of a vehicle are correct. into the fund. Interest on both the motor The member referred to compensation. If dealers' and the real estate agents' trust a person knows a vehicle is stolen and buys it accounts is also paid into the fund. So the from a dealer, who has a few hot vehicles and money is there and it should cover the default the word has gone around, that person should by the—— not expect us to compensate him or her later Mr Rowell: It doesn't go into consolidated on. If we can prove that that person knew the revenue? car was stolen and that that person did that deal with the dealer, then that person is a Mr BURNS: No, it goes into the fund. As I crook. That person is a receiver of stolen said, a proportion of the initial licence fee paid goods, and he or she should be treated as by motor dealers is paid into the fund. Interest such. So a statement to the effect that we on both the motor dealers' and the real estate cannot provide complete stolen vehicle agents' trust accounts are also paid into the information is displayed on the certificates fund. That is how the fund grows—on that issued by the registry and highlights that the interest. certificate does not offer legislative protection In relation to compensation between the against stolen vehicles. It also advises that the States—and I think it might have been raised Police Service should be contacted to by the member for Clayfield—— ascertain whether a vehicle is stolen, as it is Mr Rowell: I raised it. the appropriate authority; the Office of Consumer Affairs is not the authority for such Mr BURNS: I presume that what is meant matters. So we try to provide the information is that New South Wales is required to that is provided by the police, but we cannot compensate Queensland for any mistakes it guarantee that we can provide people all the makes. The agreement between Queensland information on stolen vehicles. and New South Wales provides for a scheme of compensation between Queensland and It is also important to point out that New South Wales should New South Wales vehicles that are stolen by professional thieves make a mistake in giving Queensland usually have the identifiers changed 21 February 1995 10960 Legislative Assembly information. Obviously, if we provide false contained moisture. Under the new method, information we might be in the same position. what consumers see is what they will get. If the scheme does not work well, Under the present system, the marked weight Queensland will be able to withdraw from it. I of a loaf may not be its actual weight. Under think the member for Clayfield asked about the present system, consumers may get less this. Queensland's participation will be than they thought they were paying for. It was reviewed every year to see if it suits pretty hard for consumers to work out how the Queensland's consumers. However, I am weight of a loaf was arrived at. pretty positive that a national scheme is in the The honourable member also mentioned interests of our people. It might have a few scanning and associated costs. The register is warts, but we ought to be able to work out not undertaking a process of scanning those warts as we go along. documents as part of the conversion to REVS. I do not think we can become State only However, it is undertaking an exercise to providers to the extent that we are only going ensure that all of the data held on file is to look after things that happen in our own accurate prior to conversion to the REVS State because, as the member said quite system. This exercise has already revealed rightly earlier in his speech, people can take a that there is a substantial amount of car from here today and it could be 1,000 information that was not cleared by private kilometres away by midnight. So we need to persons and financiers who had registered an have the interstate connection. We have to interest over encumbered vehicles. When take the chance that everything will work out, Victoria undertook a similar exercise, it and I believe it will. established that 40 per cent of its database could be removed prior to its converting to the The member for Clayfield alleged that the national system. We do not know what our penalty imposed by proposed section 57 is too percentage will be. This is a housekeeping low. It is not too low. Not only can the dealer exercise that is not charged for at present. be prosecuted; he can also be liable for disciplinary action and other civil action, I thank the honourable member for including subrogation. The point is that the Kurwongbah, Margaret Woodgate, for her Auctioneers and Agents Committee could take support of the Bill and her comments action against him. If it wants to, it could take explaining the way in which consumers will his licence from him. If there is a claim against benefit by the link with REVS. Margaret is a him—for example, if he has guaranteed clear good member of the committee. She is title when he did not have clear title—we will prepared to travel to talk to consumer and take action to recover the money from him. In industry groups, and I value her support in this a moment, when I move on to the matter. amendments, I will return to this issue. In response to the member for Clayfield, I The Trade Measurement (Bread) Act will point out that New South Wales will be mean that consumers in Queensland will be required to compensate Queensland for any treated in the same way as all other mistakes made in data entry in New South consumers around Australia. The repeal will Wales. I covered that issue in relation to the mark the change in measurement from the dry comments of the member for Hinchinbrook, Mr solid content method of net weight, which is Rowell. Those comments serve to respond based on determining the net mass of the dry also to the question asked by the member for solid content of the bread—that is, bread Clayfield. Queensland's participation is without any moisture component. There will be covered in the contract, which includes no detriment to Queensland consumers. provision for disaster recovery measures. For example, there are two identical computer I remember the debate we had about dry systems—one in Victoria and one in New solid content compared with wet solid content. South Wales. If the computer in New South It seemed to me that we were making things Wales crashes, we can switch to the Victorian difficult. Every other State in Australia seems computer. If the scheme does not work, to have gone the other way, or so I am told. If Queensland will be able to withdraw from it. that is the case, we are going to move with Queensland's participation will be reviewed those States. Consumers will benefit because every year to see whether it suits Queensland the weight that they see written on the consumers. packaging will be the weight of the loaf. They will be able to weigh it themselves. When a The honourable member for Lockyer, loaf marked "dry solid content" was weighed Tony FitzGerald, objected to the late by a consumer, the weight differed from what distribution of some amendments to this Bill to was marked on the cover because the bread be moved during the Committee stage. I Legislative Assembly 10961 21 February 1995 apologise for that. A couple of issues arose. 1995. The Act has been reviewed in the This is what we call a "clump" Bill—a context of the review of business regulations miscellaneous provisions Bill. We are trying to by the Business Regulations Review Unit— tidy up some provisions in other legislation. In BRRU—and by the Travel Compensation Fund relation to the few amendments that we have at the behest of the Ministerial Council on put up, I think I said to the honourable Consumer Affairs. Both reviews recommended member for Lockyer that he would probably that the Act should not lapse on 1 July 1995, support them later on when they are actually and further that the Act forms part of a moved. I accept his objection. However, this is national legislative scheme. Therefore, the how a clump Bill works. There is a mass of clause repeals the sunset clause. Given that miscellaneous amendments. the reviews of the Act have already taken The amendments to the Classification of place, there is no need for a continuation of Films Act and the Classification of Publications section 59 of the Act, which provides for Act are designed to make it abundantly clear ministerial review of the Act. that, when films or publications are exposed The other couple of amendments refer to for hire or sale, the definition of "seller" in the the REVS scheme. The first is clause 7. These two Acts covers this situation. The origin of this amendments make it clear that the defence amendment was a recent ruling in the available in proposed section 57 (3) applies Townsville Magistrates Court involving a only in relation to a prosecution under the Act. prosecution under section 12 of the This means that the civil liabilities of the motor Classification of Publications Act. Inspectors dealer will remain intact, and a person will still entered a shop and seized publications which have a right to claim under the Auctioneers were on public display and which were marked and Agents Fidelity Guarantee Fund, should with price tags. The publications were clearly clear title of the vehicle not be passed. In indecent. However, the presiding magistrate other words, the dealer is entitled to argue that ruled that the books, although on a rack in a he acted correctly, properly and that, to the public place with a price tag, were not being best of his knowledge, he thought that the offered for sale. That was a crazy ruling, but vehicle had clear title. That might be a one which he made. He said that he relied on defence and he might be found not guilty of English cases and said that it was merely an an offence under the Act. But we are saying invitation to treat. that, even if he is found not guilty of an offence under the Act, the person who bought Mr FitzGerald: Trick or treat, I reckon it is. the car still has a right to make a claim and to Mr BURNS: I am not too sure what sort of take action against him. The civil liabilities of treat the honourable member gets from that motor dealer will remain. Regardless of pornographic books. However, that is what the whether a dealer acted in good conscience, magistrate said—it is merely an invitation to the person who misses out still has some treat. rights. I must emphasise that, by moving this Clause 8 makes it clear that, if there is a amendment, I am not indicating that the contravention of proposed section 57 (2) of magistrate's ruling was correct. Indeed, there the Act, there will be a clear right of are Australian cases that point in the opposite compensation from the fund whether or not a direction. However, to clear up any possible person is found guilty of an offence under that uncertainty and to prevent any sort of section. The other two amendments concern technical argument arising in the future under the Auctioneers and Agents Fidelity these statutes, these amendments have been Guarantee Fund. drafted to put the matter beyond argument. I The honourable member for Lockyer must reiterate that the object of this objected to some amendments to be moved amendment is not to correct a deficiency in during the Committee stage, which I have the law but merely to ensure that valuable addressed. As I said, I apologise for the delay. public money and resources are not spent on I understood that members of the Opposition arguing what is—and I am sure all members had been briefed last week, but unfortunately would agree—a sterile legal point rather than we did not brief them on the amendments, concentrating on the substance of the charge. only on the Bill. We will make certain that that That is one amendment that was outside the does not happen again. major matters contained in this legislation. The section dealing with the reverse onus The other amendment was to the Travel of proof in relation to odometer tampering is Agents Act. It has a sunset clause which necessary to try to stamp out this offensive provides that the Act will expire on 1 July practice. I note that the member for Lockyer 21 February 1995 10962 Legislative Assembly said that he supported the reversal of the consumers against unfair practices such as onus of proof in this case. This is one of the tampering with odometers. worst examples of people being ripped off by Motion agreed to. car dealers. Turning back the speedo is part and parcel of the crooked second-hand car game, and has been for years. We have to do Committee something about it. If we had to catch people Hon. T. J. Burns (Lytton—Deputy Premier, in the act of turning back the speedo, we Minister for Emergency Services and would prosecute one case in a million years. Consumer Affairs and Minister Assisting the There is no way that we can countenance Premier on Rural Affairs) in charge of the Bill. that. Clauses 1 to 6, as read, agreed to. I thank the honourable member for Brisbane Central for his support of the Bill and Clause 7— for highlighting the extensive consumer Mr ROWELL (2.51 p.m.): If a financial protection mechanisms contained in it, in organisation that holds an encumbrance over particular the requirement of motor dealers to a vehicle fails to register that interest under the supply a certificate of clear title to the REVS scheme, will that organisation have the purchaser on the day of, and before, the sale. right to recover its encumbrance, whether it be I thank him for drawing the attention of in the form of a lease, a mortgage or a hire- honourable members to the compensation purchase agreement? measures contained in the Bill for the victims Mr BURNS: Such an organisation has the of odometer tampering. right to argue with us about it. What happens I thank the member for Sunnybank for his is this: a person buys a car from a registered comments in relation to the Bill, in particular motor dealer, and that person is given a clear about how the Bill will benefit young people certificate of title issued by the Consumer who are buying a first car. In electorates such Affairs Department. If a finance company has as his on the outskirts of Brisbane where the made a mistake and not registered its population growth is occurring, in most cases encumbrance over that vehicle, the consumer public transport is not as good as could be is protected and will not lose the vehicle. It will expected and people need a car. In my years be up to the finance companies to argue such as a member of Parliament, the area about matters with us, but we would say that it was which I have encountered the most problems their mistake. A finance company must concerns young people buying cars at the end register its encumbrance. If it fails to do so, it of the year just after they have finished school. has problems. Some of the more senior kids go out to Mr ROWELL: For some reason, the buy their first car and, instead of buying a encumbrance may not have been entered on $1,000 Holden, they come home with an the register, and it may not be due to the pure $8,000 bright red number. Down the track, we neglect of the finance company; something will have to adopt cooling-off periods—that is, may have gone wrong with the system. between the day the car is bought and the Mr BURNS: That is a good point. If day it is delivered. However, a car cannot be something were wrong with the system, a taken away for the weekend and handed back finance company would be able to argue that the following Monday, with the prospective point. As the member is now aware, with the buyer saying, "I have cooled off." If a car is advent of the electronic system, finance taken out of the yard, the buyer misses out on companies will register their own the cooling-off period. But if the car is left in encumbrances straightaway. They will do that the yard after the deposit has been paid and electronically, so there should not be any the buyer comes back after, say, a number of mistake. If a mistake is made, it should be days, and says, "I don't want it", the made by the company. In order to look after cooling-off period applies. I think we will have their interests, the first thing that most finance to do that. companies will do is register their I thank honourable members for their encumbrance. My experience is that not too contributions to this debate. Providing many finance companies complain; it is protection for the purchasers of motor vehicles generally the purchaser or the dealer who is a very important issue. The expanded complains. If a problem such as the one register of stolen vehicles and the national outlined by the member arose, it would have encumbrance register will go a long way to be addressed, and a finance company towards providing that protection. More would have the right to argue the matter with importantly, this legislation will protect me or with the department. Legislative Assembly 10963 21 February 1995

I move the following amendments— 'Amendment of s 3A (Meaning of "sell") "At page 5, lines 12 and 13— '9B. Section 3A, paragraph (e)— omit, insert— omit, insert— '(3) In a proceeding for an offence '(e) invite to treat or expose for an against subsection (2), it is a defence for act mentioned in paragraphs (a) the motor dealer to prove that the dealer to (c); or took all reasonable steps to ensure (f) cause or permit to be done an subsection (2) is complied with.'. act mentioned in paragraphs (a) At page 5, lines 27 and 28— to (e).'. 'PART 2B—AMENDMENT OF omit, insert— CLASSIFICATION OF PUBLICATIONS '(5) A proceeding against a motor ACT 1991 dealer for an offence against subsection 'Amended Act (2) does not affect the civil liability of the dealer. '9C. The Classification of Publications Act 1991 is amended in this Part. '(6) In this section— 'Amendment of s 3 (Definitions) "sold" includes sold by auction.'." '9D. Section 3, definition "sell", all Amendments agreed to. words from 'and includes'— Clause 7, as amended, agreed to. omit, insert— Clause 8, as read, agreed to. 'and includes— (a) offer, invite to treat or expose for sale Insertion of new clause— or hire; and Mr BURNS (2.54 p.m.): I move the (b) agree to sell or hire; and following amendment— (c) cause or permit to be sold or hired.'." "At page 6, after line 29— New clauses 9A, 9B, 9C and 9D, as read, insert— agreed to. 'Amendment of s 98 (Application of Fund) Clauses 10 to 14, as read, agreed to. '8A. Section 98 (1A)— Insertion of new clauses— insert— Mr BURNS (2.56 p.m.): I move the following amendments— ' "contravention", of section 57, includes a failure by a motor dealer to ensure a "At page 9, after line 22— buyer gains clear title to a motor vehicle at insert— the time of sale as mentioned in section 'PART 4—AMENDMENT OF TRAVEL 57 (2), even if the motor dealer does not AGENTS ACT 1988 commit an offence against the subsection.'." 'Amended Act New clause 8A, as read, agreed to. '15. The Travel Agents Act 1988 is amended in this Part. Clause 9, as read, agreed to. 'Omission of ss 58 and 59 Insertion of new clauses— '16. Sections 58 and 59— Mr BURNS (2.55 p.m.): I move the omit.'." following amendments— New clauses 15 and 16, as read, agreed "At page 7, after line 12— to. insert— Schedules 1 and 2, as read, agreed to. 'PART 2A—AMENDMENT OF Bill reported, with amendments. CLASSIFICATION OF FILMS ACT 1991 'Amended Act Third Reading '9A. The Classification of Films Act Bill, on motion of Mr Burns, by leave, read 1991 is amended in this Part. a third time. 21 February 1995 10964 Legislative Assembly

TRANSPORT OPERATIONS (MARINE make Mr Hayward's job any easier for him if he POLLUTION) BILL goes along the same line as his predecessor, Second Reading because he absolutely destroyed transport in this State. The member is aware of that. Debate resumed from 19 October 1994 However, I wish him well in attempting to turn it (see p. 9685). around. However, I will return to the Transport Mr JOHNSON (Gregory) (2.57 p.m.): I rise Operations (Marine Pollution) Bill. I just had to to participate in the debate on the Transport welcome the Minister on board. Operations (Marine Pollution) Bill. I must The Transport Operations (Marine acknowledge my new opposite number, the Pollution) Bill currently before the House is a Honourable Ken Hayward, who I believe is reactive rather than an innovative Bill. The now the Minister for Transport. I wonder Minister says that the Bill is aimed at whether Mr Hayward will be pleased with the preventing deliberate, reckless and negligent shambles that he has inherited from the pollution by all classes of ships. This is virtually former Minister, the Honourable David Hamill. a rehash of the old legislation. The old It is no wonder that Mr Hamill is not in the legislation promised many things. We heard Chamber today and did not want to face about how it would fix the ships of shame, but question time this morning, because the nothing has changed. Yet, we have new Transport portfolio is totally out of control. If legislation. Ken Hayward thought that he had problems in the Health portfolio, I can assure him that he The important part to remember about has inherited more than a few in the Transport any marine pollution or marine safety Bill is portfolio! The trains are off the rails—— that Queensland is not in a commanding position. Indeed, it is in a position where it can Mr Stoneman: Wouldn't you think the legislate only after the event, so to speak. I Premier would advise the House of the remind the Minister that Queensland has change? some 7,500 kilometres of coastline, all of Mr JOHNSON: The Premier does not run which is very vulnerable. Many ships that this show; the factions do. This has been come into our northern and southern ports, illustrated very clearly once again today. and especially the Great Barrier Reef, which is Let me remind the House of the such a wonderful tourist attraction for not only "achievements" of Mr Hamill in the Transport Queenslanders but visitors from all around the portfolio. He oversaw the abolition of close to world, do not adhere to regulations. The 5,000 railway workers' jobs. Mr Hamill oversaw current Bill is a classic example of this. It the collapse of the Deluxe bus company and merely puts Queensland's name upon the list the collapse of Compass. Let us not forget the of States and nations signing the international frequent derailments that have occurred in this MARPOL convention. The Opposition State during his time as Minister. Mr Hamill supports this move. The MARPOL convention was responsible for the Brisbane-Gold Coast is a highly respected convention published by corridor fiasco—an issue on which he could the International Maritime Organisation. not make a decision. It is clear that the new The International Maritime Organisation Minister for Transport, Mr Hayward, has has 149 member nations who have agreed to inherited a real headache.If he wants a bit of adopt a series of shipping safety standards. advice on how to address a few issues, I am The MARPOL 73-78 convention undertook to only too happy to help him. People say that regularise a series of maritime safety the new Minister for Education is a Rhodes conventions, and these are a part of scholar. Well, he did not do much for roads. I Australia's safety standards. However, let us know that Mr Hayward is not a Rhodes put it into perspective. During port State scholar, but I hope he can do something for control undertaken by the Australian Maritime roads and railways and I hope that he will go Safety Association in 1993, MARPOL 73-78 and talk to the people employed by deficiencies accounted for only 1.52 per cent Queensland Rail and help them to once again of all deficiencies. gather the momentum to which Queensland I turn now to divisions within the Rail was once accustomed. I am no Rhodes Queensland pilotage industry. Marine safety scholar, I come from the school of hard has a lot more to do with unity of purpose and knocks, but I understand what practicalities are unity of direction than impressive legislation. In all about. I hope Mr Hayward will take on this regard, Queensland is not well served and board some of these practical ideas rather leadership from Government is poor. Perhaps than a lot of theory as he tries to take control the new Minister will turn that around. There is of this Transport portfolio. I can assure ongoing rivalry and bitterness between the honourable members that I am not going to Legislative Assembly 10965 21 February 1995 regulated and the deregulated sections of the the Minister did not ensure the appearance of pilotage industry. In a recent speech to the the integrity of this committee by asking the Australian Ports and Marine Authority's 34th Opposition to take part in the selection of its biennial conference, Brisbane Marine Ports members. Whether the members are all Director, Captain Steve Peleccanos, said that Government stooges or not is yet to be seen. deregulation of Australian pilotage services They are already in a position to be seen as had produced an open season for marine such due to the failure of the Minister to pilots and that it would be only a matter of protect them from the appearance of political time before the nation witnessed a major favour. However, in time we will get an answer. accident. I refer members to last night's 7.30 The appointment of committees being Report. I hope that the Minister takes note of undertaken from within the domain of the that program. Minister's departmental staff will always bring Pilotage is an export industry that earns the suggestion of political favour upon Australia foreign revenue. However, Captain appointees, and with it the attendant Peleccanos says that deregulation has compromise in the capacity of these people to actually created a situation where foreign ship act and decide impartially. It is up to the owners—not Australia—are reaping the Minister to allay such suggestions by benefits of the competition. The two developing bipartisan selection processes. companies serving the private pilotage market This is especially true of a committee with such are Queensland and Torres Straits Pilots an influential role as the Maritime Industry Association and Queensland Coastal Pilots Consultative Committee. No matter how many Service. Both strongly deny that the quality of Bills are before the House and no matter how pilotage has suffered as a result of many motherhood statements the Minister privatisation. They in turn quote the improved made—the former Minister, I should say—on efficiency gained from privatisation and the the topic of marine safety, the Queensland removal of what might be termed the dead coastline is at the mercy of the state of the hand of Government that we have seen from international shipping fleet. For this reason we this Government. repeatedly see substandard vessels in Queensland waters and the Government is I do not intend to inflame an already clearly unable to do anything about it. Early harmful conflict by taking the side of either the last year, with the introduction in new private or the Government operation. legislation of fines to bring Queensland into However, who is right and who is wrong in the line with the world stage, we saw that nothing privatisation of pilotage services debate is not has changed. We still see the rust buckets the point. The point is that the Government sailing in the Great Barrier Reef; we still see has done absolutely nothing to address this the ships of shame, as they are known, still highly damaging conflict between two groups sailing around the coast of not only of people, who, between them, bear such an Queensland but Australia. These vessels are enormous responsibility for the safe passage sometimes the same vessels that have been of shipping through our coastal waters. As I kicked out of Australian waters previously, only have said already, Queensland is responsible to appear again in another port, cloaked for some 7,500 kilometres of coastline. I comfortably under the veil of registration by believe that these people are trying to address some flag of convenience nation. their responsibility to the highest degree possible. It would be highly desirable for the The Minister indirectly refers to this in his Government to put its efforts into resolving this second-reading speech when he says that conflict, which could, if not resolved, lead to there is a 48 per cent chance of a major fragmentation, bitterness and reduced maritime accident in Queensland waters within efficiency in the industry. Conflict does neither the next five years. We are trying to introduce side any good, and this Government has and implement legislation to curtail these failed its responsibilities to the State and to the activities. Hopefully, we will see this element industry if it does not step in and resolve this disappear from both Queensland and conflict. Australian waters. As to the ships of shame, I need refer only to the Kirki incident which I see that lately the Minister has set up a happened only 186 kilometres off the Western Maritime Industry Consultative Council, and Australian coast. What would have happened this has been convened as a requirement if it had occurred on the Barrier Reef within 20 under the Marine Safety Act 1994, which was or 30 kilometres of Townsville or the northern debated in this House last year. Given that this coastline? We would have seen the absolute council is comprised of people from industry as ruination of that region of the Coral Sea. well as the public sector, it is unfortunate that Millions of dollars would have been lost not 21 February 1995 10966 Legislative Assembly only by tourism in that region but also by the intends to do with the funds now available for people who have investments there. maritime safety that would have previously It is very distressing. Perhaps the Minister been used to help fund the very valuable work can explain why, in spite of all the legislation of the AMSA. He might like to tell the House on marine safety that has passed through the that now that the AMSA is funded entirely by House in the past two years, Queensland industry, he has a budget available for some should continue to be exposed to that risk. much-needed maritime safety training That legislation, the million-dollar fines programs for the commercial fishing industry threatened and the vast amount of money and for some similar functions. from commercial organisations has done little I will detail to the House the funds that or nothing to shield Queensland from the risk industry put into the AMSA last financial year. of substandard shipping. The sum of $33.48m was paid as a maritime It is unfortunate that Australia, and navigation levy. A further $3.23m came from Queensland in particular, with our Barrier Reef the oil pollution levy and a further $14.48m to protect, has not joined with other countries from other sources, such as the renting out of in putting the brakes on flag of convenience communication equipment and the conducting shipping. Finland is an example of a country of sea safety education courses. Those figures that has taken a positive lead in that direction. are qualified from the AMSA report and they Instead of adopting restrictive maritime are also publicised in the daily commercial legislation, contrary to the IMO policy, Finland news. I urge the Minister as a matter of has opted to apply a penalty to ships from urgency to take control of that situation and try certain flag States. The penalty is a doubling to improve it. of Government dues on imported cargoes. By In the 1993-94 financial year, the AMSA using that method, Finnish importers still have paid to the Federal Government a $3.036m the option of using ships sailing under those operational dividend. Just think of that. It paid flags but pay a premium if they do so. the Government this time, not the other way Substandard shipping exists only because around. Where is the Government's substandard shipping is being patronised, and commitment to industry funding? In the it is being patronised only because it is cheap. Minister's second-reading speech, there was The regrettable part is that, although the not a single word about Government financial person using the service gains, the cost of that support for any of the initiatives in the is shared across everybody else, and more so legislation. as the cost to society of substandard shipping I will now inform the House of some of the is much, much greater than the cost of fixing it important issues that stand behind the safety up. of the international shipping fleet. The world The Opposition was disappointed not to merchant fleet totals over 700 million dead hear any reference to financial undertakings weight tonnes, in total over 80,000 vessels. by Queensland in that important area, either in Nearly 70 per cent of that total consists of bulk the Bill itself, in the notes to the Bill, or in the carriers and tankers, and the average age of Minister's second-reading speech to the those vessels is 14 years for bulk carriers and House. In one statement in his address, he 16 years for tankers. That is the average, states that logic will be that the polluter pays. which means that there are still plenty of That may be so, but we hope that there will be vessels well over 25 years old. That is very old no pollution. What then? No money, either? for a steel-hull ship. What is more relevant, Must we wait until somebody breaches the Act though, is that the international fleet is ageing, so that we can raise the money to clean up so in spite of new legislation on maritime after the event? That sounds like very poor safety before the Parliament, the quality of logic to me, Mr Deputy Speaker, and you shipping continues to deteriorate. would probably agree. In 1980, the average age of the I would like to inform the House of some international fleet was only 11 years, but since very significant issues within the Australian then more and more ship owners have sailed Maritime Safety Authority. Last year, there was vessels past their use-by date. In spite of that, no Government contribution to the AMSA— in the past four years the IMO has made not a Federal or State Government substantial strides to improve marine safety. I contribution, not one bent razoo. That funding emphasise that it is the IMO and the various came from the private sector through classification societies—not the Queensland inspection levies. The Government has lost Government, which only ratifies what has been the plot on the legislation. The Minister might decided elsewhere—that have done so much be good enough to advise the House what he to improve marine safety. Legislative Assembly 10967 21 February 1995

Among the initiatives of the IMO are use of the vessel and, in particular, the several directed at keeping the elderly world number of people it carried. We would fleet trading safely. Those initiatives have particularly prefer some exemption to be included redesign standards for bulk tankers. applied to a vessel that does not usually carry An increasing number of accidents pointed to people, for example, a barge used to carry problems in carrier design, for example, the sand or gravel. Apart from that point, we are in Kirki incident off the Western Australian coast. agreement with Part 7 on prohibition of the That happened 186 kilometres off the coast. discharge of sewage into the sea. Design standards and regulations have been With regard to Part 8 of the Bill, the introduced for saltwater ballast tanks. There Opposition supports that part of the legislation were indications that the safety of many concerned with prohibiting the dumping of vessels was being compromised by a lack of garbage into the ocean. We were pleased to anticorrosive coating in the ballast tanks, and see that plastics are especially prohibited. We that appeared to be a contributing factor in support this prohibition because many marine structural failure. Anticorrosive coating was animals are choked or drowned after having required for cargo holds in 1992. Previously, become entangled in plastic refuse. Several there was no requirement for any anticorrosive endangered turtles species are especially at painting on the inside of a cargo hold. risk from choking on plastic refuse, and we are The point I would like to make in all of this very pleased to see legislation preventing this is that the Queensland Government is not the form of garbage dumping. instigator of initiatives on maritime safety; it is With respect to Part 9 of the Bill the IMO and the classification societies. The concerning the transfer of bunker oil or Queensland Government only couches lubrication oil, the Opposition interprets this to legislation in terms of the initiatives of the IMO refer especially to the fuelling or bunkering and similar bodies. It did not have the ideas operations of a vessel. We generally agree itself. For that reason, the flag of convenience with the provisions, most of which simply countries that the IMO has not been able to reiterate what other parts of the Bill already bring to heel are still not being brought to heel. require anyway. We do not agree completely If the Queensland Government wants to do with Division 5, which prohibits the transfer of something to show that it can do something oil or fuel after sunset and before sunrise. It about it, it should do so. The Government would not appear to the Opposition that night- should do it by legislation, because the time fuelling was unduly dangerous if existing legislation is not going anywhere near conducted with due care and under adequate bringing those nations to heel. lighting. That would be an achievement worthy of We would have expected that there might mention indeed, and, might I add, would be have been a provision wherein a particular far more effective than introducing legislation land-based place could be authorised as a into the House that merely places into night-time fuelling depot. We appreciate that legislation what others such as the IMO have there are considerable problems with ship-to- already achieved. To the Minister's credit, ship cross bunkering after dark and we are not however, he has at least acknowledged the suggesting that this be approved. However, role of the IMO in indirectly bringing about the we would have thought that well-lit premises legislation. might be subject to inspection and compliance I turn now to Part 7 of the Bill that refers with suitable lighting and safety standards, to the discharge of sewage into the sea. The and provided those standards were met there Opposition is concerned that there is a specific would be no problem with bunkering after size of vessel—10 metres—above which a dusk. toilet and septic tank is required. What about a I see that the Minister has qualified the vessel that is 9.8 or 9.9 metres long? We limits of the current Bill by not including any appreciate that a demarcation point must be part about ballast water contamination. The reached here, or manufacturers would need to Explanatory Notes to the Bill also specifically install a toilet or septic tank in a rowing boat. say that the Bill does not cover ballast water However, we believe that more meaningful contamination. The Opposition appreciates criteria could have been applied. that MARPOL has not concluded its annex on The legislation will create anomalies in the ballast water control, but we do not consider manufacture of some of those vessels. The that that should be reason enough to neglect view of the Opposition is that the demarcation the topic. Queensland requires some form of should not apply to the size of the vessel and protection against ballast water contamination that it would be better if it were related to the of our coastline—with or without an annex 21 February 1995 10968 Legislative Assembly from MARPOL. The Opposition hopes that issue at the moment—and I trust that the there will be some suitable legislation on this Minister will address that issue because it topic shortly. deserves a high priority—I will keep the I remind the Minister that the MARPOL pressure on him until such time as we see a annex on ballast water contamination could reversal of existing policies. I wish the Minister still be several years from completion and that well. The Opposition supports the legislation. is too long to leave our fragile marine Mrs EDMOND (Mount Coot-tha) ecosystems exposed to the dangers of (3.25 p.m.): May I take this opportunity to introduced exotic species of plants and congratulate the new Minister on his animals that are carried here in ships' ballast appointment and say that I look forward to water. I am pleased to see the Minister for working with him in this portfolio as a member Environment in the House this afternoon of his committee just as much as I did in the because that problem relates to her portfolio past. I hope he did not take this portfolio just and is a concern right along the coast of to get rid of me. I also note the sour grapes Queensland. I have been very impressed and whingeing from the Opposition lately with the progress of the joint spokesperson on this matter and warn the Government/industry ballast water steering new Minister that this has been the normal committee, which operates with a view to Opposition response to almost every piece of preventing the introduction of undesirable legislation we have introduced. aquatic species into our marine ecosystems. I I rise to support the introduction of this commend the work of this committee, which is important legislation which recognises the convened by the AMSA. The Opposition need to preserve the marine environment from hopes that the work of this committee is the deliberate, negligent or accidental release incorporated into Queensland's marine safety of oil and other harmful substances originating legislation. from ships. This Bill reinforces the genuine The Opposition supports this legislation in commitment of this Government to tackle the general but, at the same time, believes there environmental issues and concerns of the are certain areas within the legislation that are people of Queensland in a firm, but practical, already duplicating the existing legislation and way. It also recognises the deficiencies in the are not going far enough nor are blunt enough current legislation and its limited nature being to bring to heel some of the people who restricted to oil and oil-based substances and violate the waterways of the Queensland also the changing expectations of an coastline. increasingly environmentally aware In conclusion, I point out—and this is community. another one for the Minister for Environment's There is little doubt that pollution of the ears—that a lot of contamination is not being seas and its subsequent effect on coastal caused by vessels but is coming more from regions, the economy, wildlife and recreational streams that flow through industrialised areas facilities has become a significant international into the sea. I believe that many people are problem in recent times. The problem has very concerned that the finger has been become exacerbated over the last 20 years pointed more times than enough at the because of a vastly increased ocean and people in the shipping trade rather than at coastal shipping trade, the growth of some of the manufacturing industries that are Queensland's port system and the polluting waterways. I urge the Government to dependence on oil as a major source of address that obvious problem. energy for both industry and the community. The Opposition supports the legislation in To cater for this demand, oil tankers, general, but I say to the Minister as he takes sometimes carrying tens of thousands of over the mammoth portfolio of Transport: tonnes, have been employed to transport both please listen to the people who work in the crude oil and many types of refined petroleum areas of railways, shipping, main roads or any products on which we rely so heavily in our other facet of the industry that needs to be day-to-day business in our energy-hungry addressed. I wish the Minister well in his new society. portfolio. I will certainly support the Minister on The carriage of these larger volumes has, any issue that the Opposition believes is going of course, increased the potential for serious to be beneficial to the State of Queensland. oil pollution, as was graphically evident in the We will be only too happy to help him. Exxon Valdez accident of 1989, the more I do not make any bones about the fact recent Braer grounding in the Shetland Islands that, if there is an area that we believe the and Australia's own Kirki off the coast of Minister is not addressing, such as the railway Western Australia in March 1991. While there Legislative Assembly 10969 21 February 1995 is concern about the effects of major oil spills difficulty in prioritising oil spill responses, with anywhere in Australia, here in Queensland the possible political pressure being applied to effects of such an accident on the Great address the most graphically obvious impacts. Barrier Reef raise special concerns. Australian authorities have tried to prevent It is never possible to accurately predict possible conflicts by redesigning priorities in oil the extent of environmental damage in an oil spill contingency plans. These are clearly spill. That would depend on a range of factors identified as human life and safety first, including, obviously, the size of the spill and followed by natural habitats and ecosystems, the type of oil involved, the distance from the rare and endangered species and, finally, sensitive areas and the prevailing winds and commercial culture and amenities. currents and weather conditions. However, The impact of oil on wildlife is of with a large spill on the Great Barrier Reef, it is acknowledged high concern. Seabirds are quite possible that coral reefs, seagrass beds, particularly vulnerable, as are turtle hatchings. mangrove forests, and bird and turtle feeding, The image of an oil slick is such that there is mating, nesting and nursery areas would be almost immediate public clamour for the greatly affected. It can also impact on urgent use of dispersants. However, the commercial and recreational fisheries and response under the national plan is based on tourism and other recreational resources. The the philosophy that if the oil remains in open economic costs of such a spill would also be water and does not threaten sensitive enormous and may be into billions of dollars resources, the most environmentally sound as long-term ecological impacts are option is to leave the oil alone and let it accumulated. However, it is also possible that degrade naturally while maintaining constant the very same spill, should the prevailing monitoring of the slick's movements. It is only conditions carry the oil offshore into open when the slick threatens to come ashore that water, would have relatively little impact. As I action is taken to disperse it. It is important for said, it is very difficult to predict. the public to realise that, while having been It is important to remember that oil is a improved significantly in recent years, the natural, organic product that starts to undergo dispersants themselves are strong chemicals physical, chemical and biological degradation that are toxic pollutants and the wholesale use as soon as it is spilt into the sea. High of such dispersants without appropriate temperatures and winds will cause much of scientific advice should never be considered. It the oil to evaporate, wave action will break the is important to recognise also that the best oil oil up and bacteria in the ocean that feed on spill contingency plans in the world cannot oil will begin to attack it. Use of induced guarantee protection of the environment. It bacteria as a biological accelerator is also has been claimed that $3 billion has been proving successful in minimising the damaging spent cleaning up after the Exxon Valdez spill smothering effect of the oil. in Alaska, and yet most of the clean-up was effected by the natural processes of wind and Experience with oil spills on coral reefs in waves. However, for $3 billion, Exxon could other parts of the world has shown most have rebuilt its entire tanker fleet to include damage and stress is caused by the lighter double hulls for increased protection and components and the abundance of marine made other moves to prevent similar spills in creatures, such as crabs, shrimps and shellfish the future. that live among the coral can also be severely affected. There is some evidence that this The Queensland Government has damage will recover in a relatively short period, recognised this importance of prevention for example, 10 years. However, and rather than cure. Compulsory pilotage unfortunately, the severe effects on other legislation for the Great Barrier Reef therefore environments, such as seagrass beds and requires all loaded tankers and large ships to mangroves, can take decades to repair, carry a pilot skilled with the reef in recognition having a drastic flow-on effect on important of the increased dangers and sensitivities of fish nursery areas. Myriad plants and animals the reef waterways. The grounding rate for that rely on such habitats for food and shelter unpiloted vessels was over 30 times higher will be seriously affected. Toxic components of than for piloted ones and the collision rate for the oil can enter the food chain causing unpiloted vessels was four to five times higher. mutations and diseases in invertebrates and Shipping routes around the country are fish and accumulating up the food chain in a well defined and navigational aids are process known as biomagnification. provided to help vessels travel safely. Tourism and recreation can also suffer Navigation charts are continually being permanently if beaches, resorts and marinas upgraded and new, safer technology is being become polluted. Such scenarios can present developed. The design of vessels is also being 21 February 1995 10970 Legislative Assembly constantly upgraded, with oil tankers built after all of our coastal seas. Consequently, 1993 now being required to have double hulls. Queensland is able to prescribe adequate and Foreign vessels entering Australian ports are appropriate protection for our coastline and subject to inspection by the Australian the people of Queensland through enacting Maritime Safety Authority. However, this significant controls on ship-sourced marine system is not infallible, as has been shown by pollution, in part by giving effect to the relevant the Kirki incident, which was Australia's largest regulations of MARPOL, and the Transport oil spill. That vessel was inspected only a few Operations (Marine Pollution) Bill. months prior to its losing its bow off Western I have tended to concentrate on the issue Australia in 1991. Of main concern is the of oil-spill pollution, but this Bill goes further increasing existence of flag of convenience than the existing legislation and recognises ships that do not comply with the proper the need to be concerned about all forms of standards. marine pollution, including sewage and While pollution of our oceans and shores garbage, which is of significant local concern, by oil is by far the most common and visible especially where there is a concentration of form of ship-sourced pollution, the enormous vessels. One area of increasing concern that is growth in maritime transport generally has also not covered by this Bill is the discharge of seen a marked increase in the amount of ballast water in Queensland ports. I notice this chemicals and other marine pollutants being was mentioned also by the previous speaker. carried by sea. Because of the international At particular risk are the bulk commodity ports nature of the shipping industry, it has long of Hay Point and Gladstone, where there is a been recognised that action to improve high usage of ballast water. When the tanks maritime safety generally and to prevent are flushed, sediment they contain is also marine pollution in particular is more effective if discharged, along with any organisms present. carried out at a global level rather than by These can include live fish, sea stars, individual countries acting unilaterally and seaweed, shrimp, crabs, molluscs, worms, without coordination with other nations. bacterium and microscopic floating plants, Worldwide acceptance of the International both toxic and non-toxic, known as dino- Convention for the Prevention of Pollution flagellates. These species have the potential from Ships—the MARPOL Convention—has to alter the structure of native marine plant resulted in the most ambitious and and animal communities as they compete for wide-ranging international treaty covering food and shelter and prey on native species. maritime pollution ever adopted. It deals not Human health is also at risk as exotic disease just with oil but with all major forms of marine viruses, toxins and parasites are associated pollution generated by the ships, as alluded to with certain species. in the second-reading speech given by the While the focus of the recent past has Minister for Transport. Apart from dealing with been on the danger and implications of major the operational aspects of pollution oil spills, I believe that the major concerns of prevention, such as controlling the loading and the future will be with ballast water as the full discharge of harmful substances, MARPOL implication of State port waters being contains provisions concerning the structural subjected to large quantities of ballast water integrity of ships, regular survey and inspection containing viruses or bacteria and thereby requirements and the issue of international posing health threats to indigenous humans, certificates of compliance. Importantly, the animal and plant life, are realised. Many of the MARPOL Convention, through its consequences of this problem are still internationally represented working unknown but are raising increased concern committees, provides an opportunity to amongst environmentalists and scientists as continually develop and refine operational and the implications are unfolded. technical aspects of the convention and to I note that this Bill does not, in fact, deal keep abreast of technological innovation. with the discharge of ballast water, but I do Australia has been a member of the wish to place my concerns on the public record International Maritime Organisation—the and urge research into the treatment of this IMO—since its inception and has been and water to render it safe for discharge. I continues to be an active and energetic understand that a national strategy is being participant in the development of many IMO developed in conjunction with the conventions, including MARPOL. An Commonwealth Government and industry and agreement between the Commonwealth and also international maritime aid organisations the States in the Northern Territory exists—the and I look forward to their recommendations. I offshore constitutional settlement—which raise this issue not in any sense as a criticism effectively gives Queensland jurisdiction over of the legislation before us but rather as a Legislative Assembly 10971 21 February 1995 related issue that needs resolution in the near to the environment, to our recreational and future. tourist markets and, of course, to our Queensland ports are going through a enjoyment. The former Minister went on to say process of rapid improvement that has led to that initial consultation provided absolute an increase in efficiency and growth in usage. support for the principles of the Bill. I trust that At Brisbane port, the growth in container trade, this consultation process was as deep as it for example, has seen an increase of 6.8 per was wide and that boat owners, builders, cent over the last year—a remarkable 57 per marina operators and environmentalists were cent increase over the last five years, and this involved in those discussions. The Minister is in spite of Opposition members' attempts to also advised that full public consultation will be talk down the port's abilities and efficiencies in taken to develop the regulations. With this Australian and overseas trade circles. The rather complex legislation, which involves both abolition of berthage charges on cargo- engineering and environmental considerations, carrying vessels increases the competitiveness this will need to be very wide in order to be of Brisbane as it becomes the least expensive successful. port overall in Australia for shipping. These As I understand it, the Act covers all State moves are positive environmental moves waters. I believe these would include basically taking large quantities of containers off the a 3-nautical-mile limit from shore, plus certain roads, and it is important to maintain that harbour areas and all tidal waterways. The Bill improved environmental outcome by covers both commercial and pleasure vessels, protecting the marine environment also. which is a reasonable approach. I understand, The legislation before the House too, that the phase-in period will be 1998 for encourages high levels of industry and new vessels and the year 2000 for existing community obligation towards conserving our vessels to fit or retrofit holding tanks for their marine environment while ensuring that toilet facilities. appropriate tiers of Government controls are in I note with some disappointment that this place which are complementary to national Bill does not deal with the discharge of ballast and international practice. I commend the Bill which, in the long term, may well prove to be for its responsible and wide-ranging approach an even greater threat to Australian waters in dealing with the difficult and significant than pollution from marine toilets. Previously in issues associated with ship-sourced marine this House, I have spoken about this matter, pollution. I congratulate the Minister and the and I will not go over old ground. previous Minister and the department on the I believe we understand what we are work that has produced it. talking about, why this legislation is necessary Mr LAMING (Mooloolah) (3.40 p.m.): and where and when it will apply. I am not too Firstly, I would like to congratulate the new sure that I am convinced about how some of Minister on his appointment and wish him well the engineering aspects will impact on builders for the future. I am on the record in this House and owners and whether they will solve the as saying that this portfolio is a very wide one. problem. I have no argument at all with the I believe it is perhaps too wide. A portfolio that proposition that there should be appropriate covers rail, main roads, public transport and penalties on those who discharge sewage the old harbours and marine responsibility is directly into our coastal waterways. This has to very wide. I reiterate that I believe those be seen as the appropriate answer to a quite responsibilities are too wide for one portfolio. unacceptable activity. However, the The Minister may have difficulties and, if he boat-building aspect is something about which needs any assistance, I am sure that the I am not quite so convinced. honourable member for Gregory will assist him The first question that comes to mind is and make sure that he stays on the straight whether boat length should be the criterion for and narrow. when the engineering requirements come into Like all members on this side of the play. I am sure that many vessels longer than House, I thoroughly agree with the principles 10 metres are used only for racing on behind this Bill. Nobody could deny that we weekends or, occasionally, for cruise racing need to do everything we can to clean up both offshore. On the other hand, many vessels of our tidal coastal waters and our inland waters. less than 10 metres are used almost entirely I noticed that the former Minister's for living aboard. I would like to ask the new second-reading speech outlined the Minister whether we should be looking at the Government's responsibility to implement activity for which the vessel is used rather than realistic controls, bearing in mind the its length. For example, would it not be easier importance of clean waterways to our health, to select those craft that are designed primarily 21 February 1995 10972 Legislative Assembly for living aboard? In particular, I refer to suggested that most marinas in Queensland houseboats. I note that there is legislation for do not. If craft above 10 metres must have craft on the Noosa River and suggest that holding tanks and these vessels use the perhaps this should be extended to other marinas, we would obviously need storage areas. facilities. I ask: who will build them and who will Many vessels that are designed for living pay for that construction? My personal aboard, apart from houseboats, are moored at inquiries indicate that in the United States the marinas. Most marinas have very good queues waiting for pump-out facilities are at facilities. They are also policed with some times causing chaos in some ports. We must vigour by the marina managers, and avoid this. transgressions by people in these marinas The next question is: will the council take who flush their vessels' toilets directly into the the effluent away and how much will it charge? river or harbour in which the marina is If there is a charge, who will pay—the marina constructed are treated seriously. I am not operators or the boat owners? If it is the boat saying that there are not individuals who from owners, there could be a chance that they will time to time break this understanding. Maybe quietly go out to sea and, regrettable as it another approach would be to make the sounds, empty their tanks there. I understand engineering provisions apply to commercial that some councils are reluctant to accept vessels, such as ferries, larger ships and effluent, the contents of which they could be trawlers. This would exclude some larger quite concerned about. I would suggest that pleasure boats that anchor up in bays, rivers there could be all sorts of things in a holding and canals. This could be seen as a weakness tank in a vessel that has arrived after a long in that suggestion. sea trip. Perhaps the pump-out facilities Perhaps a starting point would be to look should be free at marinas, as I believe is the at what sized craft, what location and what case in Sydney Harbour and other popular activities are causing most of the real problem. waterways in New South Wales. Perhaps the new Minister could advise Recently, I was fortunate to receive some whether this aspect has been researched input on this complex subject from a seriously. The selection of vessels in excess of consulting engineer in water technology. He 10 metres would seem to me to exclude many advises that sailing a boat around on top of a of the vessels around Queensland waters that septic tank is not necessarily the wisest thing could be causing most of the problems. If the to do. Highly toxic and explosive gasses are problem is mainly in rivers, canals and close produced—methane, hydrogen sulphide and offshore, it would be contributed to mainly by ammonia. Also, corrosive acids—sulphuric, weekend fishing boats of the 6 to 10-metre carbonic and so on—are produced. The variety. Under this legislation, these vessels enclosed space of a small boat is not, he said, would not be required to fit holding tanks, a sensible place for such an installation. Due although discharge of sewage would still be to the nature of the waste—that is, solids and illegal. paper—and the violent motion of a small boat, If the problem is mainly within harbours, any ventilation system is prone to blockage we could probably assume that a lot of the and any tank material is prone to splits, cracks contribution would be by commercial vessels, and leakages. The constant flexing and such as trawlers and vessels on permanent dynamic loads that apply to all elements in a moorings. Admittedly, most of these vessels boat will ensure eventual failure. He reminded are in excess of 10 metres, would exceed the me that 250 litres of water weighs a quarter of minimum length limit and would therefore a tonne. He went on to say that there will be need to have a holding tank fitted. On the absolutely no control of the biological other hand, if the problem is mainly around decomposition occurring in such a tank. marinas, most of the craft in these areas are For example, some boats may empty on cruising yachts, and these would average a daily basis. However, others may leave it for between 10 to 15 metres, but many would be weeks. Some boats may lie idle with full tanks, less than 10 metres. However, all decent inducing anaerobic decomposition. Others marinas of which I am aware have toilet may be subject to constant, violent, agitation facilities. I believe that these are, as I said inducing aerobic decomposition. On some earlier, policed quite heavily. boats, the micro-organisms may continually To move to a different question: do feed. On others the organisms may starve to existing marinas have pump-out facilities? My death. In short, the quality of effluent leaving inquiries tell me that the Mooloolaba marina, the tank can cover the entire spectrum, from for example, does not have this facility. It was reasonably fresh to absolutely putrid. Also, because it is a holding tank, it will be an ideal Legislative Assembly 10973 21 February 1995 place to dispose of all of those other nasties tanks will be allowed to discharge into offshore that should not be thrown into the water—for waters. example, fuels, sump oil, paint, brush-cleaning As I said at the outset, I thoroughly fluids and so on. support the principle of this Bill, particularly that Councils go to great lengths to ensure aspect that makes it an offence to discharge that the quality of sewage in their pipes sewage into our waterways. It is only on the remains reasonably fresh. Treatment plant engineering aspect of requiring holding tanks operators do not appreciate shock loads of in vessels of 10 metres or more that I remain untreated sewage of doubtful origin and unconvinced that this will solve the problem. It content. As I said earlier—and this gentleman has been said to me by a marina operator that concurs with me—councils have strict owners of all craft should be treated equally. I guidelines on what can be put into the know that there are many aspects in this sort sewerage system. So the question arises: how of thing where requirements apply in will the standard of effluent from each boat be proportion to different sizes. However, in this checked? What does a boat do if its effluent is case I remain unconvinced at this point that unacceptable? Councils should not let such the selection of an arbitrary 10-metre length effluent flow directly into the sewer system. without perhaps taking the location and the Therefore, someone will be forced to install activity of the vessel into account will provide and maintain further holding tanks onshore, the entire answer to a very complex problem. adjacent to marinas. This requires land and Mr DAVIES (Mundingburra) (3.52 p.m.): I access. Who supplies the land and, once will be very brief in my comments. I rise to again, who pays? How is such effluent to be speak in support of the Bill and the powers finally treated? Some councils may have given to authorised officers in the Bill in trouble handling such effluent with their respect to investigation, prevention, existing treatment equipment. minimisation and enforcement. Before I go on, My correspondent also asks: what I want to congratulate the new Minister for scientific basis is there for the introduction of Transport on taking over that portfolio. I am such legislation where it applies to the ocean? sure that he will do an excellent job and look He claims that marine creatures are constantly after Mundingburra. excreting, dying and decaying in the oceans. An important distinction between the There is nothing more putrid than decaying present legislation and what is proposed in the marine life, yet the ocean remains unpolluted Bill is the ability to recover costs and expenses from this source, and he asks why this is so. It incurred in the treating of animals that are is because the sea is, up to a certain point, an affected or plants that are damaged as a excellent form of treatment. This gentleman result of an incident. In the case of a serious suggests strongly that further thought be given incident, the recovery of such costs will cover to this proposal. He believes that it could even the restoration or rehabilitation of particular be extremely dangerous to life and property, areas of Queensland's coastal and marine and goes on to suggest that the master of a environment that have suffered pollution small craft who allows his crew to live in an damage. Authorised officers will be given wide enclosed space on top of a violently agitated powers to ensure that pollution prevention septic tank with who knows what in there is not standards are met and that the response to only extremely foolhardy but also could be and investigation of pollution incidents is able subject to litigation should a problem, real or to be undertaken in a timely and effective imagined, occur. manner, thus ensuring maximum possible My consultant, whom I have just quoted, protection of the environment. does paint an extremely grim picture, and I The powers and functions of authorised raise the points that he makes to indicate to officers are extensive and will include: the Minister that considerable doubts still exist detention of a ship if there are clear grounds in the minds of some people with the for believing that a discharge has occurred; legislation as it stands. There is a considerable boarding and examining ships in coastal body of opinion amongst nautical people that waters, including those in ports, to ensure that it might actually be more environmentally pollution prevention standards are being acceptable to allow fresh effluent of a maintained; directing ships to a certain biodegradable nature to be discharged directly anchorage or other place and requiring them into the ocean. Of course, this should not not to operate specific equipment, not to occur in enclosed or inshore areas. Perhaps move the ship and to remain in control of the the regulations will throw more light on this ship; the seizure of documents, samples of point, or perhaps the Minister is in a position harmful substances and other evidence where today to clarify whether vessels with holding 21 February 1995 10974 Legislative Assembly there is reason to believe that an offence people living in boats in the vicinity of Tipplers. against the Bill has occurred; entering a place, On one particular occasion, I counted 178 including a business premises, belonging to boats that were permanently moored in that the owner of a ship or the ship owner's agents area, which is only about a kilometre and a to gather evidence; and investigating and half long and about 100 metres wide. Around reporting on incidents of marine pollution. the Christmas/New Year period, there were Authorised officers will also have authority hundreds of people on boats not only at to remove a pollutant that has been Tipplers but also in many other favoured areas discharged into coastal waters or to take the in the Broadwater, and they were virtually living necessary action to minimise its effects on the there for several weeks. marine environment. In line with current The Labor Government's plans for the administrative arrangements of the national Broadwater, expressed in the draft Southport plan to combat pollution of the sea by oil, Broadwater Management Plan, include these actions will be undertaken in measures which will increase commercial use consultation with officers of the of the Broadwater on a huge scale. It will Commonwealth and State environmental become as congested as any freeway under agencies. The appointment of authorised those current plans, but they are to be spoken officers will be primarily from marine service about when they come before this House. We officers of the Department of Transport and have to do everything we can to preserve the Queensland port authorities. These will include Broadwater's ability to handle the high usage regional harbour masters who are based in that is currently occurring, and that includes Brisbane, Gladstone, Mackay, Townsville and looking after basic water quality, which is not Cairns and their staff of marine pilots and being done very successfully at present. shipping inspectors, who will play key roles in Human faecal pollution is an increasing administering the provisions of the Bill. To problem and, at the same time, one we can ensure transparency of operations when deal with fairly easily. We can do that by carrying out their business and to protect the insisting on boat and land-based facilities to public, these officers will be required to ensure that sewage is transferred to shore produce their official identity cards. instead of being dumped in the water. We Although the Bill places obligations on need sewage storage and pump-out facilities ship owners and operators to minimise marine on designated sizes and types of craft using pollution, there is a clear requirement for the Broadwater—indeed, all of Queensland's enforcement and monitoring by authorised waters—but I am not sure that a simple 10- officers to ensure that standards are metre rule is enough. maintained at a high level. This Bill adopts a From time to time I take my family on very responsible and practical approach to houseboat holidays in the Broadwater. We minimising the incidence of marine pollution book one of the 78 houseboats that are along our vast coastal zone, and I support that available for hire on the Broadwater. But we realistic approach. I have much pleasure in often have to wait for the appropriate time, supporting the Bill. because only three of the 78 houseboats on Mr GRICE (Broadwater) (3.55 p.m.): I join the Broadwater are equipped with holding other members who have spoken already in tanks. Indeed, through the Broadwater there this debate in congratulating the new Minister are only two marinas that are equipped with for Transport on his appointment. Mr Elder pump-out facilities, and it is simply not may not share those sentiments, as Mr enough. But we are prepared to wait for one Hayward has just given him the hospital pass! of those, because I believe passionately in the I rise to join the debate on the Transport need for the system. It is not good enough for Operations (Marine Pollution) Bill because of Gold Coast residents or tourists to be my very special interest in the Broadwater. It is confronted with faecal matter in the water. We a vital element in the attractiveness and the have to bite the bullet on pollution of the tourist economy of the seat that I represent in Broadwater, and a good place to start would this Parliament. It is also a very important be legislation to include sewage pump-outs on recreational element for my own family and my all boats over a particular size—not necessarily neighbourhood and community. The 10 metres—and built in Queensland after a Broadwater is host to thousands of people particular date. The Government should also taking part in a wide range of private and seek agreement with other States to impose commercial aquatic sports and recreations similar design rules in their own jurisdictions. each week. Around the Christmas/New Year There are separate and different laws applying period, for example, there were hundreds of with the Maritime Services Board in New South Wales. Legislative Assembly 10975 21 February 1995

The Government should consult urgently time and carry out full consultation before with the boat-building industry on the imposing those costs. installation of sewage pump-outs. It should The changes I have suggested will not take advice from the experts on the minimum completely eliminate a particularly odious form size of the new boat to be required to have of unnecessary pollution, because for a long pump-out facilities. With so many different time to come there will still be plenty of older forms and types of boats, 10 metres is simply boats around. There will also be a small not a clear enough method of arriving at a number of new craft which do not come under description of a vessel. It should also take the the restriction because they were not built in advice of the industry on when the Queensland. The point is that we would have requirement would take effect. Obviously, made a start. I agree with what the Minister these things cannot happen overnight. I point said in his second-reading speech— out to the House that the cost of installation as part of the building program is quite ". . . operators of smaller commercial and reasonable, as long as it is done during initial recreational vessels should ensure the construction of a new vessel. public interest and ultimately the environment is best served through taking The managing director of Riviera Marine responsible pollution prevention action." on the Gold Coast—the biggest and best builder of recreational craft in Australia and a What I have suggested today is one way for very successful exporter—tells me that pump- the Government to show that it is fair dinkum. outs can be installed at construction time for United States authorities made sewage between $600 and $800. That is a very small pump-outs law over 20 years ago. Also, I think percentage of the overall cost of a boat worth the US Coastguard agreed at one particular $100,000, $150,000 or even $700,000—the time to insist on a dye being fitted in holding boats on which people can stay out for days at tanks so that authorities and regulators could a time. It would be a small cost to pay for the see when that holding tank was pumped out preservation of the Broadwater as an attractive into a public area. Later, a scientific and safe aquatic environment. examination proved that the dye did more I am not suggesting that pump-outs damage to the environment than the actual should have to be installed on existing craft initial pump-out. I think that in this regard it is because the costs would be prohibitive in time we caught up with the rest of the world. modifying existing family pleasure craft. It I have a particular concern for the could simply not be justified. Obviously, Broadwater because it is in my electorate and however, we are going to have to put up with I use it myself. Aquatic activities are conducted that in the same way we are putting up with all along the Queensland coast, and the cars that still burn super petrol. There would intensity of those operations is growing. also need to be a requirement for the pump- Mr WELFORD (Everton) (4.03 p.m.): It is outs to be included on particular categories of my pleasure to speak in support of this Bill and commercial craft, again after a period to allow also, along with other members, to compliance without undue financial hardship. I congratulate the new Minister on his can say that no commercial craft on the appointment as Minister for Transport. He Broadwater, of which there are many, that I comes to it at a time when Transport, certainly am aware of, has pump-out facilities, yet on as much as his former portfolio of Health, any day, particularly at weekends, we see faces some critical decisions not just for this boats travelling up and down the Broadwater Government but for our entire community. carrying hundreds and hundreds and One of the important impacts of all forms of hundreds of tourists. transport is its pollution effects. In years gone The other side of the coin is that, as I by, when population densities and indeed the have said, only two of the marinas on the Gold number of vehicles of all kinds, whether they Coast have these facilities. The Government travelled on water or roads, were much less should look at making such facilities a than they are now, the issues that we had to condition of the marina licence, again with a face in respect of their polluting effects were reasonable lead time to avoid financial never really raised as serious issues. However, hardship. New marinas proposed for the State as previous speakers in this debate have should have pump-out facilities included indicated, we can no longer take for granted automatically in the planning stages. There the consequences of the convenience that our would be financial burdens for both private relatively affluent society—for that matter, our and commercial boat operators, and it would effluent society—now enjoys by virtue of the be necessary to give them a long enough lead access to motor vehicles for land transport 21 February 1995 10976 Legislative Assembly and, of course, pleasure boats and the like for not much point if Queensland is the only State aquatic recreation in Queensland. to have this type of legislation. We must Of course, this is probably one of the ensure that, if these steps are taken in most important factors to keep in mind, that Queensland, there are similar regulations in aquatic recreation is one of the boom the other States so that there is a uniform industries in Queensland, more so, I think, national approach to ensuring that minimum than in any other State. In our south-east standards are achieved. region, we have the magnificent natural I think that is worthy of further exploration. features of Moreton Bay and its islands. Because of the growth in aquatic recreation Further up the coast are the Whitsundays, and and the pressures that are placed on the even further north again are the tropical Queensland environment by inadequate islands. Wherever we look, inside the Great standards on waste disposal from boats, our Barrier Reef and right along the Queensland State needs to spearhead a national coastline, there are the most magnificent approach to the development of minimum natural advantages that are attractive to the standards that are built into the design of Australian population in its use of pleasure boats. That is certainly the case in other boats for aquatic recreation. Of course, this countries. There is no reason why we should creates unique pressures on what, by virtue of not strive to achieve at least the standards those natural environmental factors, is a that are quite common in many countries. unique and sensitive environment. It is a I am pleased that the Opposition supports wonder to many people in the boating the Bill. It is a welcome indication which, very community that Governments in fact have not often, from the point of view of the public— long ago moved to take these steps to protect certainly as portrayed through the media—is the environment from the sort of pollution not appreciated, namely, that many initiatives problems that this Bill is designed to redress. from Governments of all political persuasions As the previous speaker indicated, in receive bipartisan support. The Bill is a first other civilised countries where boating is an step in what, in the long run, will be a very important part of the recreational culture, important environmental initiative of the many years ago steps were taken to minimise Government, that is, the regulation of the the polluting effects of recreational craft. boating industry. It is pleasing that members People I know who have done quite a bit of of the Opposition share not only our specific boating both in Australia and right around the concern about the current need for those Pacific have mentioned to me their surprise regulations but also our general concern that, that it has taken so long for Governments in in the longer term, much more must be done this country to recognise the importance of to protect our coastal environment from the protecting the environment from this type of impacts of pollution. pollution. One of the issues that are commonly Of course, an important factor will be the raised in the energy debate and in dealing effort that is exerted by Government agencies, with energy policy—an area in which I have a by the port authorities, to enforce these new particular interest—is the question of the requirements. Certainly, we need to make sure limitation of resources. In the field of energy that the resources are in place to give that policy, it is increasingly becoming apparent effect. As previous speakers have indicated, it that it is not the limitation of resources that will may well be that in this regard, as in many be the limiting factor in our human use of other areas of Government regulation, some energy, but rather the capacity of the earth to mandatory minimum performance standards act as a sink for the pollutant effects of energy are what we need to look at in respect of boat use. construction and sale in Queensland and, for An analogy can be drawn between that that matter, Australia. This, of course, is a and aquatic recreation and boating in move against the polluting effects of boat Queensland. Part of what makes aquatic usage, particularly in areas where there is high recreation and boating recreation attractive in intensity use, as previous speakers have Queensland is that we have, at least to date, mentioned—in south-east Queensland had a relatively clean aquatic environment in especially. There is a long way to go, but I which to enjoy that recreation. There are would support measures to ensure that, in the limiting factors. There is a point beyond which future, there will be developed a series of our bays and our coastal environments can no regulations which define the minimum longer sufficiently absorb the impact of requirements for construction and sale of pollutants that are disposed of from boats boats in Queensland. Of course, given the along our coastline. It is time that we took whole purpose of recreational boating, there is Legislative Assembly 10977 21 February 1995 steps to ensure that the long-term benefits of could have been extremely serious. They are our aquatic environment can be enjoyed not not only a danger to the immediate only by current generations but also by future environment but also a great danger to a generations of Queenslanders and foreign region's or a nation's economy and social visitors. Our aquatic environment is also a very structure. key component of our tourism industry. By far We could never forget the images of the the bulk of Queensland's tourism capacity is Exxon Valdez incident. Those images were generated by virtue of the magnificent beamed into our households—the images of features of our coastline, reefs and islands. If ruined coastlines, dead and bloated fish we are not prepared to take their protection floating on the oily sea surface and the black, seriously, we will not only spoil the benefits mucky birds trapped in pools of oil and unable that Queenslanders and Australians enjoy to fly. The TV cameras beamed those images locally but also destroy one of Queensland's right around the world and into our most important industries. households, yet the unseen damage—the I support the Bill. I appreciate the support damage below the sea surface where the of the Opposition. It is an indication that, right cameras could not go—was untold. throughout the community, important values Certainly, Queensland, and indeed must be protected in that field. The Bill is a Australia, must be forever prepared for a valuable and important first step in protecting maritime disaster. Queensland must have those values that are part of the quality of life ready and immediate access to the most that all Queenslanders enjoy. current technology and to the most effective Mr HEALY (Toowoomba North) emergency procedures. We must constantly (4.13 p.m.): I too offer my best wishes to the be at the forefront of maritime emergency new Minister for Transport. No doubt he will procedures. Therefore, the provisions are find the Transport portfolio very different from welcomed which give the new Minister the his previous portfolio. May I say prior to ability to act immediately and to suspend the addressing the Bill that I look forward to the validity of local laws for up to 14 days when Minister's early response to transport-related those laws would usually inhibit an emergency issues not only throughout the State but also, response plan. in particular, in and near my electorate. One of Equally, I welcome those clauses which those that I would mention quickly is that, last allow for the detention of ships when it is year, the former Minister gave a commitment reasonably believed that a ship has violated to consider research into a proposal put pollution guidelines or committed an offence. forward as an alternative to the proposed That provision is in keeping with Queensland Transport second crossing of the Commonwealth legislation and simply Toowoomba Range. No doubt the new reaffirms a fundamental right that Queensland Minister will soon be briefed on that important should be allowed to exercise. issue and I look forward to his response. Queensland, and indeed Australia, is an My contribution to this debate will be very importing and exporting entity. Our goods brief. At the outset, I welcome—and I should travel the oceans of the world to every imagine most members of this House would continent, as indeed their goods to us. The welcome—any attempt by any Government to number of sea vessels charting our coastlines safeguard Queensland's precious environment, will forever increase. As the usage of our which is unquestionably one of this State's coastline increases each month, so does the greatest assets. Our coastlines are one of the risk of a maritime disaster. most important compositions of Australia's entire environmental structure. Unfortunately, I noted with alarm, as did my colleague however, due to remoteness, isolation and the member for Gregory, the former Minister's vast distances, they are also the most easily assessment in his second-reading speech that abused and exploited areas of our the likelihood of a major incident occurring in environment. our waters over the next five years was 48 per cent. That should be of immense concern not The Bill appears to aim to combat the only to the members of this House but also to deliberate and negligent discharge of each and every responsible citizen. Quite pollutants by sea vessels. Constantly recurring obviously, the answer does not lie in halting incidents overseas have certainly brought sea traffic—that is absurd—but we must home to Australia the very real danger of always ensure that we are most ably prepared major oil and chemical discharges and and most ably resourced to respond to and spillages. We witnessed here in our own combat any maritime tragedy as soon as the backyard some incidents which potentially warning bells ring. 21 February 1995 10978 Legislative Assembly

It is of great concern to me—and indeed to this and I am fully aware that the to members, I would imagine, on both sides of department intends to develop regulations for the House—that so many of the ships entering this after community consultation. But I would Queensland's coastal waters are registered in have thought that the previous Minister, in his Third World countries where shipping deliberations about this Bill, should have standards at best can be described as already addressed this a little more seriously. I extremely relaxed. Often, those ships are of would have thought that that would have been pathetic structure and void of most basic an integral part of this Bill and that guidelines safety standards and procedures. Often, the for the discharge of sewage by sea vessels crews know nothing of Australia and therefore should well and truly have been completed by have no regard for the country whose coastal the time this Bill was drafted. The former waters they enter. Minister pointed out the environmental and In the isolation of the sea, with its health dangers of sewage discharge, remoteness from land and therefore its relative particularly where a ship travels within close invisibility from authorities, the opportunity for proximity of coastal resorts and communities. some negligent ship operators to discharge oil The second concern that I have is that and chemical waste is often far too tempting. there are no guidelines for the discharge of Those types of people represent the filth of ballast water. I realise that it is an the shipping industry, and it is a great tragedy internationally recognised problem that ships that many very responsible shipping discharging ballast water into our ports or, companies should be tarnished by the indeed, into any foreign ports, also discharge completely irresponsible actions of a few. marine organisms that can be particularly Often, it can take days before an oil harmful to our environment. This issue is not spillage is detected, and then it can take easily resolved and certainly I am not accusing countless more days to detect the source of the former Minister of negligence in this that spillage, if indeed it is detected at all. The regard, because it is a global problem. I am ship operators who abuse our coastal simply saying that this issue is of great environment in that way are the environmental concern to members of the Opposition, as I bandits. They are environmental thugs, and am sure it is to the new Minister and as it they force this nation and this State into should be to every other member of spending countless millions of dollars simply to Parliament. I understand that a national monitor them to ensure that they do the right ballast water strategy is being developed by thing. It is a tragedy, but it is a reality and we both the Commonwealth and State must prevent it by imposing the most stringent authorities. Any effort that the Minister can guidelines and penalties. make to expedite the development of the strategy is greatly needed. However, I do The Opposition supports the concept that accept that very careful consideration must be the shipping industry should regard pollution given to the entire issue, and this may take control management as an integral part of some time. commercial business. That is an imperative goal that reflects a very healthy relationship I turn now to the implementation of between commercial businesses and the penalties for those sea vessels that violate the Parliament. Indeed, the shipping industry is pollution guidelines. The principle of polluter not the only industry that is taking a far more pays is entirely welcomed by me. The blatant responsible and community-conscious path. I negligence of ship operators is not something am happy to say that such an attitude is for which the Queensland taxpayer should be prevalent in many industries and it augurs well financially accountable. The powers that allow for Australia's future as we round the corner a ship to be removed from Queensland into the next century. waters, for its cargo to be removed and even, upon ministerial approval, for the ship to be As previous speakers on this side of the sunk are necessary safeguards and they House have mentioned, although the certainly must be in place. Opposition supports the general thrust of the Bill, which aims to strengthen pollution I welcome the concept that the ship's guidelines that had become pretty well out of owners must pay for costs incurred by the date, we still have some concerns. Firstly, I State in relation to investigative and noted with some concern that, in his preventative measures and in relation to second-reading speech, the previous Minister cleaning up measures, including the treatment had not yet addressed fully the issue of of affected plants and wildlife, and in relation sewage waste. I am aware that MARPOL has to the rehabilitation and restoration of not yet produced its own guidelines in relation Queensland's marine and coastal environments. Legislative Assembly 10979 21 February 1995

However, I am concerned that, in relation Recognising that, the Bill proposes that to those costs, this legislation should be sewage control provisions will be relevant and extended further. There appears, in my practical, while maintaining a responsible interpretation of the Bill, to still be no provision policy in line with community expectations and for the ship's owners to compensate scientific testimony. This community attitude individuals who may suffer economically from was made apparent in a survey conducted by any oil or chemical discharge. Queensland's the Australian Bureau of Statistics in 1993 coastline is riddled with coastal communities which found that ocean pollution was the third and tourist resorts, and I do not mean that in a most frequently mentioned environmental derogatory manner. Those resorts and problem and that 71 per cent of communities are of immense international Queenslanders believed that economic growth value and popularity. They would be the very and environmental protection were of equal first to suffer if there was a major, or even a importance. minor, maritime disaster in the region. An oil It is acknowledged that raw sewage discharge of great magnitude may well lead to carries germs and disease and degrades the permanent or long-term environmental sea environment generally and amenity damage to many of those coastal regions and activities that are related to the sea. Both the resorts—regions that form the very backbone Great Barrier Reef Marine Park Authority and of Queensland's tourist industry. In addition, of the Department of Environment and Heritage course, many families have invested hard- have strongly supported both the need to earned money into purchasing land right along implement controls on sewage discharge and the coastline either for residential use or the approach taken in the Bill. The Bill investment purposes. So it goes without provides a sensible balance in dealing with saying that a significant oil or chemical spillage both large ships and small craft in would greatly detract from the tourist value of acknowledging that, although quantities of many of these resorts and would greatly ship-sourced sewage discharged into the sea deflate the value of land in the region. are comparatively small, the adverse impacts I ask the new Minister to consider taking on Queensland's rapidly increasing coastal the polluter-pays principle a step further in that settlement, public health concerns, boating regard. The ship owner must bear some, if not facility operations, recreational aquatic all, responsibility for the loss of business activities and the tourism industry are very real. incurred by communities, the loss of tourist Firstly, the Bill recognises that large dollars and the devaluing of land that has commercial ships ought to be treated occurred either directly or indirectly from the separately from smaller recreational and deliberate and negligent discharge of sea commercial craft. As such, ships will be vessel pollutants. I believe that no leniency categorised according to the level of threat can be extended to those who have posed. For example, large ships, those of over deliberately acted to destroy Queensland's 200 tonnes gross, will be required to conform precious environment. There is no excuse for to the provisions of the present draft sewage deliberate pollution and there is no excuse for annex to MARPOL, to which Australia has leniency in this case. agreed and which is likely to come into force I welcome the tough and necessary internationally within the next couple of years. provisions contained in this Bill, but I would like This is a very good sign of the level of to see them go further. The Bill does not seem international consciousness and cooperation to grasp the full and total impact that a major that is developing. The provisions relating to maritime incident may have on Queensland's those ships are such that there will be very few tourist resorts and the very many families and instances in which they can discharge even small businesses that benefit from the spin-off treated or disinfected sewage into Queensland of Queensland's booming tourist trade. coastal waters. However, as indicated earlier, the Opposition With regard to the control of sewage supports the general thrust of the Bill. discharge from smaller craft, a system of Mr FENLON (Greenslopes) (4.25 p.m.): I sensitivity zoning will be adopted along the rise to support the very responsible approach coastline. This reflects the Government's taken in this Bill towards ensuring complete responsible but realistic and practical approach marine pollution control in Queensland to the varying level of environmental and through the inclusion of the sewage social problems created by sewage effluent. provisions. As the former Minister indicated in The Department of Transport has his second-reading speech, the effect of encouraged the fitting of holding tanks in sewage on the marine environment, from an newly constructed medium-sized ships for a ecological standpoint, is relatively insignificant. 21 February 1995 10980 Legislative Assembly number of years, being aware of the potential systems are updated and that they are problems arising from the rapid development relevant to the new era of shipping into which of coastal aquatic recreational facilities. The we are moving. Government has recognised that the pace of I cannot help taking this opportunity to coastal development and the consequent remind the House of the saga of the old upsurge in boating activities require those lighthouse at Cape Bowling Green which was vessels to have a means of containing stolen a few years ago in the middle of the sewage on board. That issue will, of course, night. That lighthouse has been relit and require extensive consultation with all stands proudly in Darling Harbour in Sydney as stakeholders to ensure that adequate controls a monument to all those guidance systems are applied in a very realistic manner, that have been replaced around Australia. The considering the practical difficulties that may Bowling Green Bay lighthouse is used by the be encountered and the cost factors involved. National Maritime Museum as an example of I am very pleased that this legislation did such guidance systems. I recommend to all not create major hysteria among small boat members of the House that when they go to owners throughout the State, particularly in the Sydney they look at that wonderfully restored electorate of my colleague the member for lighthouse. I was fortunate enough to be Gladstone, whose electorate contains many invited to Sydney by the Minister, Laurie boat owners. There was certainly some Brereton, for the switching on of that light. It humour expressed about the prospect of a brought together the Australian Maritime number of small tinnies, as they are called— Safety Authority chairman and a number of aluminium boats—being subject to major other people, including those involved in the requirements to install sewage disposal maritime museum and luminaries from the facilities on board. I believe that hysteria was industry throughout Australia. placated very quickly when the I agree that there must be the heaviest of announcements were made about the penalties for polluters of waterways. However, legislation. Throughout Queensland, people we need to make sure that the penalties are with tinnies were told that they had nothing to directed at the offenders, not the responsible worry about and would not be required to users. I also refer to the increased charges include major installations on their craft. that are imposed on the users of waterways. The introduction of this very practical In many cases, those charges make the legislation is particularly timely considering usage of waterways extremely expensive. We Queensland's burgeoning coastal and island must remember that waterways are for tourist industry and its economic importance to everybody's use, so we must ensure that the State. I am very happy to support this Bill. responsible people are not constrained Mr STONEMAN (Burdekin) (4.30 p.m.): financially. I shall address that component of I rise to take part in this most important the Bill a little later. debate. In doing so, I add my congratulations My electorate contains many marine to the Minister and wish him well in his new waterways. In many cases, the focus in my portfolio. He is a well-meaning chap, and I am electorate is on water. It is one of the major sure that he will do his best. Of course, I irrigating areas in Australia. It contains the suspect that his will be something of a bull-in- Burdekin Dam and its associated a-china shop operation, but we can only wish developments and has prolific fishing habitat him well and hope that he does the best that areas, which are a most important component he can for the industry in the remaining few of commerce and recreation. Of course, months of this Government. By supporting this probably foremost in that respect is Bowling Bill, the Minister is doing his best for the Green Bay, with its fish habitat, marine life industry. and, more particularly, marlin and sailfish As other speakers from both sides of the breeding grounds. During my short term as House have indicated, this industry is of Minister for Primary Industries, I was very enormous importance. I wish to make some pleased and proud to be able to declare that points relating to marine operations, because fish habitat area—— those operations cover a large component of Mr Beattie: How long were you there as the commercial and recreational activities in Minister? my electorate. As the previous member said in Mr STONEMAN: Depending on when the his speech, the guidance systems have been Premier calls the election, I was Minister for updated. This is very much an important just about as long as Mr Hayward is going to component of safety. Because of the pollution be the Minister for Transport. Of course, by in maritime areas, it is important that guidance Legislative Assembly 10981 21 February 1995 then Opposition members will be sitting on the enormous amount of tonnage of all types, to Government side of the House. which I shall refer in a moment. It is also of I was particularly pleased to be able to interest to note that there are a number of oversee that most important security process historic shipwrecks around my electorate. for the Bowling Green Bay area, which plays Members should bear in mind that the area is an important part in the extension to the reef an open part of the coastline, and it contains and is embraced by my electorate's no safe harbours, particularly between Bowen boundaries. The creeks in my electorate, and Townsville. The famous wreck of the including Alligator Creek, Morris Creek, Yongala off Cape Bowling Green is world Barratta Creek and Molongle Creek, have the famous. It is an enormous ship—360-odd feet capacity to be greatly affected by marine long—just sitting on a sandy floor in the bay. pollution. The problems that could create for In 1847, there was a famous shipwreck. A commercial and recreational fishermen as well chap called James Morrill, which is now the as the environment in the area are enormous. name of a section of a parish in the area, was In many ways, the river system is even more shipwrecked and for 17 years lived among the fragile. It is embraced by the Ross River, which Aborigines in the wetlands at Bowling Green forms the northern boundary of electorate, the Bay, where I now live. His story adds to the Haughton River, which runs out into the bay, enormous history of the area and provides an the Burdekin River, which runs into Upstart understanding of its importance to the local Bay, and the Elliott River, which is to the south indigenous population with whom Morrill lived of Cape Upstart. Cleveland Bay, Bowling for 16 or 17 years before he went back to Green Bay and Upstart Bay are significant white settlement in 1863. components of the area. The area has a proud history and an Not many people are aware that all the agonising history. We have to recognise the major shipping into Townsville harbour must volatility of shipping around the reef. The traverse the Burdekin electorate. The Burdekin concern of the public of Australia and the electorate contains a fair proportion of the world is focused on the impact of a major shipping channel that goes past Magnetic spillage on our famous Great Barrier Reef. An Island into the port of Townsville. Many parts enormous amount of commerce goes on of those three capes are national parks. A around the Townsville area, for example, the large part of Cape Bowling Green is a national supply of fertilisers and fuel, the export of coal park; Cape Cleveland is a national park, and and the shipping of mineral ore to Yabulu. Of the historic Cape Upstart is also part of the course, the greatest pollutants of all are national park system. They are sensitive and people. So all of those components need to important areas not only in the history of this be recognised in taking into account the State and nation but also to the environments fragility of our marine park areas. That is why that they support. we are responsibly supporting this Bill. There are deficiencies, but I think we have to Fish habitats—the wetlands—are all recognise that these things are fluid and need extremely sensitive to the possibility of oil to be continually upgraded. spillage and pollution of various types, to which I shall refer in a moment. In I would also like to mention the late Doug emphasising the historical importance of Cape Tarca and the work that he did to address the Upstart, which was one of the land calls made problem of oil spillages in such fragile areas. I by Captain Cook when he travelled up the am not too sure at what stage his innovative east coast of Australia a couple of centuries idea in respect of containing oil spills is. He ago or more, I make the point that in the had a proposal that effectively allowed ships, if middle 1860s the port of Bowen was an they were holed by hitting a reef, to be able to enormously important area for the settlement set off an explosive charge that released a of western Queensland. For many years, it portable mechanism to capture the spill. It was had been an historic port. I used to own a a marvellous idea. I think the James Cook property on the Bowen road that fed from the University was involved in some of that work. port of Bowen out into the western areas. Wherever a ship was in the world, using Muttaburra, Aramac and Longreach were all this innovation it would have an instant opened up from Bowen. So Bowen has been capacity to contain an oil spill. Whilst the cost an important historical linkage in the might be relatively high, it would have been— waterways and the development of the inland and will be, if it ever comes to the light of areas of Australia. day—a marvellous idea to provide additional Townsville, which is one of the largest security for our fragile environments. If there shipping ports in Australia, processes an were a spillage—and I guess that is somewhat inevitable—the impact on the community 21 February 1995 10982 Legislative Assembly would be enormous. So we have to use every also that an enormous amount of responsible mechanism we can—every innovation—to boating practice is carried out. I am concerned reduce the chances of that happening. Doug about the recent suggestion of fees and Tarca was aware of what a spill would have charges for recreational boating and tourism done to tourism. He was also an innovator in that seem to be coming to light, not so much tourism. I refer to his submarines, his platforms for tourists but for recreational fishermen and floating on the sea and the floating hotel. I boaties in particular. In relation to permits for remember being with Doug on one of his entry to the marine park area, it seems that a catamarans when the floating hotel first system of State as well as Federal fees is arrived. I was with him when he first sighted it. being proposed. In that instance, there is an That is the sort of guy that Doug Tarca was. enormous impact on the economy of the area. We need that type of innovative thinking. We In a lot of cases, there is the balance of need to support it and we need to nurture the permits as well as registration. That is fine. ideas that come from people such as him. There are about 7,000 boat owners in I make note also of the land effluent Townsville and another 4,000 or 5,000 in the component. As I think has been noted earlier Burdekin area. There is an enormously high today, some 80 per cent of the pollution of the proportion of boat ownership in the area. sea comes from the land. We need to Those people have the potential to be a milch recognise that factor. But we also need to cow for Governments. maintain some sort of a balance of Recently, I was contacted by some of recognition. Too often, for instance, people those people in respect of the exorbitant say, "The farmers are polluting the sea with charges that they are facing. In the Burdekin their fertilisers, agricultural practices and so or Townsville area, I am one of the few people on." Droughts play an enormous part in who does not own a boat—so it seems to me, pollution as well, in particular the pollution anyway. Under some homes there are three or caused by soil washed into the sea, which is four boats of various sizes—tinnies, canoes not as bad as artificial fertilisers and so on. and so on. I do not have a boat; I would not The point I am making is that it is vital that a have the time for it, anyway. procedure be put in place to enable us to Boat registration fees amount to some recognise what is happening and to use a $10m across the State per year, yet less than scientific basis rather than an emotional one half of that is able to be identified as going for resolving a problem. I am concerned that back into the waterways. That is something many accusations are made—for example, that the Minister, with his accounting about fertiliser run-off—against people who are background, might look at. Perhaps he can making their money and helping the economy dredge up where some of that money is of the land by farming close to coastal going. I am given to understand also that in waterways. We need to be very careful that the Townsville area in the past few years the monitoring systems are valid and that they $570,000 in boating fees has been collected, show what is not happening as well as what is yet only a very small proportion of that has happening. In particular, that applies to gone back into facilities in that area. It fertiliser run-off, which apparently is nowhere concerns me greatly—and it concerns the near as big a problem as some people would people involved greatly—that members of the have us believe. boating fraternity are not really seeing the Shortly I will be making some value for money that they should be seeing for announcements in areas in my electorate that the very high charges that they pay. have some significance in wetland research. I For instance, I am told that in New South am working with the James Cook University, Wales it costs $47 to register a 15.3 metre the Institute of Marine Science, a number of sailing boat—quite a large vessel. These other scientists, and some international figures are off the top of my head. I do not scientists, in particular in the United States, on think it costs anything in the Northern Territory. a project that has the capacity to materially It is $15 or $20 in Victoria and $190-odd in assist in the understanding of pollutants and Queensland. There may be some very good the impact they have on the land as well as reasons for that, but I think the people paying the sea and associated waterways. It is most those sorts of charges also need to see their important that we recognise that spills and so dollars used responsibly and, more particularly, on do not impact only on the sea. not to be hit with additional permit charges I mentioned earlier my concern about and fees in the name of safety and combating charges. Heavy penalties for offenders are pollution. I guess I am talking about a entirely appropriate, but we need to recognise balance. Legislative Assembly 10983 21 February 1995

I am concerned that we should not or grounding and can have a very dramatic constrain the traditional users—and more effect on the environment. We have seen particularly the private and recreational such cases, and that is something I will users—of our waterways, who in many ways discuss later. Clearly, it is desirable for police our waterways and watch out for Queensland to be able to take immediate offending boats. In fact, they are the very action to protect its coastline, islands, reefs people who first noticed that the Bowling and other valuable marine resources from the Green Bay lighthouse had been stolen. They threat of pollution damage resulting from a were able to report that. Tragically, it was maritime casualty. During this debate, other being stolen by the Commonwealth members have mentioned the importance of Government. But, anyway, that is a different the Great Barrier Reef not only matter. They are the people who are using the environmentally but also to the tourist trade of waterways responsibly and watching out for this State. I endorse those comments made people who offend against the maritime by members on both sides of the House. culture. We have to be mindful of the fact that An international convention ratified by if those volunteers—those free police—were Australia called the convention relating to not there, there would be an enormous intervention on the high seas in cases of oil additional impost on the taxpayers to enable pollution casualties, generally known as the that work to be done. intervention convention, gives more precise I say to the Minister: watch out for this rights to intervene on the occurrence of a one. It is a major issue. It is something that marine casualty against the wishes of the ship the Minister should be aware of. More or cargo owners than those available under particularly, he should give those people the existing customary law. Despite its name, the relief that they deserve. They are a great convention is not limited to tankers nor only to pressure group, and they cannot be milked pollution by oil. It applies to seagoing vessels much more. I leave the Minister with that of all types. The power of intervention in the message. I commend the Bill to the House. Bill will enable the State to intercede to the Mr BEATTIE (Brisbane Central) extent necessary to prevent, mitigate or (4.51 p.m.): I rise to support the Transport eliminate grave and imminent danger to the Operations (Marine Pollution) Bill. I coastline or related Queensland interests congratulate the new Minister for Transport on following a marine casualty which may be his elevation to that position. For the past few reasonably expected to result in major harmful years, I have been a member of the consequences. That is a reasonable position parliamentary transport committee. I look for the Bill to take. The related interests in the forward to working with the new Minister, just protection of which intervention is possible as the members of the committee enjoyed include tourism, fishing and other marine working with the previous Minister, David resources and wildlife, so that intervention is Hamill. possible on purely environmental grounds. I endorse that provision very strongly. It is long At the outset, it is important that it be overdue. highlighted clearly that the principal objective of this Bill is to protect Queensland's marine The Bill contains a number of specific and coastal environment by minimising intervention powers, including— deliberate and negligent discharges of ship- (1) the removal of the ship or its cargo; sourced pollutants into coastal waters. (2) the taking of salvage measures in Primarily, it is intended to achieve this relation to both the ship and its objective by giving effect to relevant cargo; regulations of the international convention for the prevention of pollution by ships— (3) the sinking or destruction of the ship MARPOL—a global convention which Australia or its cargo; has ratified. In particular, I want to touch on a (4) discharging the cargo into the sea; key component of the enforcement provisions, and namely the power of intervention. (5) taking over control of the ship or a Under the new legislation, authorised part of the ship. officers will be given wide powers to ensure The sinking of a ship, normally a last resort that prevention of serious marine pollution and when all else has failed, requires the direct the ability to respond to and investigate approval of the Minister. The measures taken accidents is available. Accidental discharges of will be proportionate to the damage, whether pollutants, particularly crude oil, can occur in actual or potential, and the right to intervene major concentrations as a result of a collision will be preceded by consultation with countries 21 February 1995 10984 Legislative Assembly or persons whose interests are affected, "A study of the reports from the except in cases of extreme urgency where Commonwealth and various Australian resources are in immediate danger from states shows that most of the pollution. As can be appreciated, that again is prosecutions for oil spills over the past two a reasonable position. In these cases, the Bill years have been for small spills resulting will allow prompt, appropriate action to be from refuelling of small boats, topping up taken to protect resources. tanks which have flowed over, pumping of Invoking the power of intervention is, bilges and the like. Although some large however, relatively unusual, as in the event of slicks have been reported from time to maritime casualty, measures for salvaging the time off the Australian coast very few of ship or cargo and for preventing or minimising them have resulted in prosecutions. The pollution will in most cases be a joint operation largest oil spill in the history of Australian in which the Government, the country of maritime operations is that of the Kirki off registration, the ship owner, the master and the WA coast in 1991 and, although that crew and the salvor may be involved. In those was a spill of about 17,000 tonnes and so cases, participation by the Government in had the potential for a major disaster, such joint operations will not normally most of it dissipated in the deep ocean constitute intervention as provided for in the and caused little shore and near-shore Bill. However, if there is good reason to believe pollution. Before that the largest oil spill in that the measures being taken or Australian seas was from the Oceanic contemplated by the interested parties are Grandeur in the Torres Strait in 1970, insufficient or unsatisfactory, the State is able when about 2,000 tonnes of crude oil was to take, or direct interested parties to take, spilt." alternative measures provided for under the The article continues— power of intervention. I commend the Bill for "The statistics on shipping accidents, its acknowledgment of the necessity to however, show that the Torres Strait and introduce the power of intervention and its the Inner Route of the Great Barrier Reef potential to protect Queensland's marine have the highest incidence of collisions environment. and groundings (of all vessels, not just During debates on legislation such as this, tankers) and this is of considerable there is always some discussion about the concern." extent of the problem. In preparation for this Although the article is arguing that this issue is speech, I had a look at some of the authorities a problem but is not perhaps as large as some and undertook an examination of the extent of would suggest, the difficulty we have in this problem. My research indicated clearly the Queensland is that a large proportion of such need for this legislation. In the Queensland spills occur in the Torres Strait and in the inner Law Society Journal of August 1993, Michael route of the Great Barrier Reef. Because of White, QC, wrote an article titled "Marine the importance of the Great Barrier Reef, that pollution—Australian perspectives". The article should be of major concern to all members of actually arose out of a paper that he delivered this House. In its conclusions, the article in Brisbane on 25 February 1993 at the states— Maritime Law Association of Australia and New "The only pollution spill of any Zealand (Queensland Branch) ship safety and significance was that from the Ocean maritime pollution conference. That article Grandeur over 20 years ago and, states— according to the statistical calculations, a "Fortunately, the incidence of oil spills major pollution spill off the east coast of in Australian waters has been historically Australia is likely every 20 years"— low." Mr White is playing Nostradamus to a certain The footnote states— extent. The article continues— "In 1986 there were 142 reported ". . . so it seems inevitable that a major marine oil spills, almost 90% of which spill will occur sooner or later. Because of were in ports, the largest spill was 55 tons, the hazard to shipping in the Barrier Reef and only 72% of these spills called for the likelihood is that it will occur there . . ." some type of cleanup operation." I table that document for the information of Those statistics were taken from a Department the House, because I believe that it is of Transport and Communications booklet. important to gain some appreciation of the The article goes on to state— extent of the problem. But that is not all. I think to some extent that downplays the Legislative Assembly 10985 21 February 1995 problem. Let me refer to a couple of other Volume 24, No. 10, of 1 September 1994, articles, one in particular titled "Beautiful One which detailed the spills of oil. That states— Day", an article from the Bulletin of 13 "In 1991 a study by the Bureau of September 1994 which made the following Transport and Communications points— Economics (BTCE) concluded that the "There has not been a major oil spill probability of a major oil spill (over 1,370 on the reef since the Oceanic Grandeur tonnes) in Australian waters could be as ran aground in the Torres Strait in much as 49 per cent in the next five years 1970"— and 84 per cent in the next 20 years." I just referred to that. The article continues— I also table that document for the information ". . . but with about 2200 ships sailing of the House. They are just some indications. annually between the coast and outer There is a wide range of media reports which reefs, groundings and collisions are not give further indications of the problem. There uncommon. Kelleher says another big was an article in the Courier-Mail on 1 March spill is inevitable." about the Redcliffe Hospital being prepared to pay for the clean up of Humpybong Creek if Kelleher was another person he was referring tests proved that the hospital was the source to. The article continues— of a weekend oil spill. There was a story about "Jim Starkey, director of the Greek authorities using photographic evidence Australian Institute of Petroleum, says from a Coastwatch aircraft on a ship that was there is no concern for alarm. 'Every dumping in the Barrier Reef. There was a precaution is taken. We don't expect a range of other illustrations, including a report spill. If there is, the plan we have in place from the Australian Littoral Society which with governments (called Reefplan) will points out that almost all ships have the control it.' However, the State of the potential for serious pollution. I table those Marine Environment Report for Australia, reports for the information of the House. to be published later this year, says: 'The We have a major problem which needs reality of vast distances and difficulties in specific attention. While there may be some dealing with oil spills in the open sea are argument about the magnitude and extent of such that a major spill outside port limits the problem, there is clearly a problem. The would pose great problems.' " only way that we can deal with this sort of Further down, the article continues— problem is to have appropriate protection "Meanwhile, a minor oil spill of up to legislation such as this before the House 10 tonnes occurs in reef waters each today. I have to say, in common with so much week on average. On Green Island in legislation that we have introduced over the May, a rocky beach was fouled by a two- last five and a half years, this sort of legislation tonne spill. Most are deliberate is long overdue. It is not unreasonable; it is operational discharges but offending fair. vessels are rarely caught. Steve Mr Ardill: Twenty-two years out of date. Raaymakers, Environment Manager with Mr BEATTIE: I take that interjection from the Queensland Ports Corporation, says a the honourable member for Archerfield. This review is examining ways of providing oil legislation is 22 years late. It should have waste disposal facilities at major reef happened 22 years ago. Indeed, I am ports. pleased to see that it is being introduced. I Ships dump rubbish as well as oil at congratulate the previous Minister for sea. According to Raaymakers, beaches introducing it and I wish the future Minister well in parts of the Whitsundays and in its implementation. elsewhere 'literally look like garbage Mr NUTTALL (Sandgate) (5.04 p.m.) At dumps' because of ship rubbish, and the the outset, may I congratulate the Minister on problem has intensified since the his appointment. I am sure he is looking Australian Quarantine Inspection Service forward to the challenges ahead in his new in 1990 stopped providing disposal portfolio. As to the Transport Operations facilities at ports . . . No ship owner, (Marine Pollution) Bill—I would like to support incidentally, has ever been prosecuted for the proposal for the State to retain primary dumping garbage on the reef." responsibility for directing and coordinating the That is not all. There are other reports which I response to a discharge of a pollutant into will not go into at great length today. There coastal waters and its appropriate link with the was one in the Australian Natural History, national plan to combat pollution of the sea by oil, commonly referred to as the national plan. 21 February 1995 10986 Legislative Assembly

The occurrence of a significant or a major organisation to operate more efficiently and discharge of oil will almost certainly require all with greater flexibility in responding to a the State resources to be employed and, in all pollution incident. As most members would be probability, the resources of the aware, my electorate is on the coastline. One Commonwealth and other States as well. of the most important and well known This was recognised as long ago as 1970 estuaries and creeks in Brisbane is Cabbage following in particular the grounding of the oil Tree Creek, which has its mouth at Shorncliffe, tanker the Oceanic Grandeur in the Torres which is in my electorate. On the banks at the Strait, as mentioned by the member who mouth of that creek are the Sandgate Air Sea preceded me. Of course, that was an event Rescue, a sailing club, a cruising yacht club which caused much concern at that particular and, of course, a fishing cooperative, all of time and subsequently spawned the creation which are within half a kilometre of one of the now well-organised and structured another. Of course, as most people would national plan. The national plan was originally know, Cabbage Tree Creek at Sandgate is the conceived as a cooperative arrangement starting point of the great Brisbane to among the Commonwealth, the States and Gladstone yacht race. the Northern Territory to enable a response An incredible amount of boat traffic, for capable of looking after oil spills to the want of a better word, uses Cabbage Tree magnitude of some 1,000 tonnes. Creek on a fairly regular basis. This type of In the intervening years, while the plan legislation is there to ensure that the waters in has worked well and gained from the Cabbage Tree Creek are kept as pollutant free experience of numerous national oil spills as possible. From speaking to the people around the coast, it has been recognised that involved in the Air Sea Rescue and those the risk factor has increased quite clubs that I have just mentioned, I know that substantially. As a result, the national plan has they are all very mindful of their responsibilities been reviewed in order to ensure that it in looking after Cabbage Tree Creek and its maintains the ability to mount a credible surrounds. They certainly work very hard to response to current risk levels. As recently as ensure that it is kept pollutant free. We also last year, as a result of a major review of have not only recreational fishermen but also funding, risk levels, equipment and training a large number of commercial fishing trawlers needs and management issues, the oil and that use the creek to enter and exit Moreton shipping industry became full partners in the Bay and use Cabbage Tree Creek as their national plan, making a great deal more base. equipment and trained personnel available for As I said, simply on that basis, there is a any responses that may be needed. fair amount of heavy traffic. There is a need to Additionally, the Queensland Department of care for and protect Cabbage Tree Creek. Not Transport has purchased extra equipment to only are the users of the creek aware of that, complement that available under the current but so, too, are other residents in the area. It national plan arrangements. is due for dredging at the moment. It has a fair It is of the greatest importance that the amount of silt in it. I am sure that once that response to a major pollution incident be dredging takes place, that will enhance the directed by a single, unified command usage of Cabbage Tree Creek more and structure to ensure a credible, effective and more. well-coordinated response. The proposals in I am mindful of the time and I intend to the Bill for the State to retain this responsibility keep my speech short. As has been and to overrule the local law that is mentioned by the previous speakers, this Bill is inconsistent with the response operation are welcomed. It is long overdue. It is certainly essential to ensure that the national plan is supported by me and my constituents. able to function in a competent way, thus Mr ARDILL (Archerfield) (5.10 p.m.): The meeting the expectations of both the Bill is the last in a long line of very important community and industry. Apart from the need transport Bills which will have a profound effect to take urgent action, overruling a local law will on the provision of transport and the require the Minister to make an emergency operations of transport in Queensland and declaration of some 14 days. That is for how which were introduced by the Honourable long it will come into effect. David Hamill. During the past five years, I believe that this Transport Operations transport in Queensland has undergone a (Marine Pollution) Bill will enhance the ability of major reorganisation and all transport has the national plan organisation and, in been brought under the one umbrella. particular, the State segment of the Legislative Assembly 10987 21 February 1995

The Bill will correct a number of the largest offenders in the case of major oil shortcomings in the 1973 Act, which was spills. brought in when the Opposition was in control After hearing the supportive remarks of of the business of the House and following the the official Opposition spokesperson, the grounding of a large tanker in Torres Strait. I member for Gregory, I was surprised to hear think it was the Oceanic Grandeur. That Bill some of the alarmist statements made by was deficient in a number of ways. Some of Opposition members about the Bill. I can those were that contaminants other than oil assume only that some of those members were not included in the provisions of the Bill; have not read the Bill. Whilst saying that modern environmental and international coastal waters must be protected, some marine pollution prevention and control members then went on to criticise the standards were not satisfied; the prevailing requirements of the Bill, which relates only to Marine International Pollution Prevention coastal waters. Convention, which has now been ratified by Australia, was not taken into consideration; the For the benefit of those members, I point quantity of petroleum products and other out that coastal waters encompass some harmful substances now carried by sea was enclosed waterways, such as Hervey Bay, the not considered; and present-day risk was not Whitsunday Passage, the Hinchinbrook recognised. The Act was certainly not Channel, and generally those waters to a responsive to community expectations of this distance of three nautical miles from the coast day and age. or any island. The alarmist statements that we heard about too stringent provisions on the The Bill will have a profound effect on boating fraternity relating to the open waters improving the marine environment. Whilst mean that those members have not read or supporting the Bill, we should not lose sight of understood the Bill. the fact that the greatest damage to the marine environment arises not from boats and One member waxed lyrical on the content shipping but from land-based sources. Other and properties of the contents of the holding members have wide knowledge of tanks and the fact that many marinas and chemical-based pollution, and I am sure that jetties have no existing facilities to receive the member for Barron River will have sewage or other pollutants. The Bill provides a something to say on that subject. moratorium that will enable those facilities to be provided. That will ensure that local For many years, I have been on record authorities and private operators accept their advocating tertiary treatment of urban sewage. responsibilities. It also provides that new boats The foolish notion that land-based disposal will and ships will have holding tanks included in prevent harmful pollutants from reaching the their design and that older vessels are sea is illogical when we consider what retrofitted within the next five years. happens when heavy rain washes them off into the rivers and streams and back into the Other members have covered the big ocean. Tertiary treatment of Brisbane sewage picture of big ships and bulk carriers, and I will would reduce the use of stored water by 30 not dwell on those matters. I am pleased that per cent—a further advantage that should be the Bill will correct many of the shortcomings of considered. I am pleased that the Minister for the previous legislation, which the Opposition Environment and Heritage now aims to enacted in 1973 and failed to update. The Bill introduce that necessary process of tertiary will do just that. It will bring the legislation treatment throughout Queensland. governing control of marine pollution into the twentieth century and carry it into the twenty- As we heard from the member for first century. I support the Bill. Gregory, the Bill deserves the support of members on both sides of the Parliament. We Debate, on motion of Dr Clark, adjourned. must change the attitude of treating the ocean as a major rubbish disposal area. The Bill will ADJOURNMENT go a long way towards doing that. One of the sad sights in areas where small boats and Hon. K. W. HAYWARD (Kallangur— ships gather is the floating garbage which Minister for Transport) (5.16 p.m.): I move— eventually washes up onto the shore. One of "That the House do now adjourn." the objections to the disastrous Oyster Point proposal in north Queensland was the effect of hundreds of boats producing floating debris Ministerial Decisions and pollution which would eventually soil the Mr LAMING (Mooloolah) (5.17 p.m.): In beautiful shores of Hinchinbrook Island. The rising to speak in this Adjournment debate, I Bill will discourage that type of vandalism. It take the opportunity to express some provides a maximum penalty of $200,000 for concerns held by people in my electorate, 21 February 1995 10988 Legislative Assembly which I am sure are shared by people abuse the system. The new Minister for throughout Queensland. Those concerns Transport must not only abolish this fee but relate to ministerial decisions over the past few also refund any moneys that are already paid. months that indicate to me and to many My second example is the decision by the others that the Government has become Minister for Family Services to abolish the somewhat arrogant. As the Government nears concession on motor vehicle registrations for the end of its second term in office, that Seniors Card holders who gain their Seniors arrogance is becoming more and more Card after June 1994. That decision, too, is apparent and is obviously contributed to by quite discriminatory and creates two categories the fact that the Government enjoys a large of Seniors Card holder, which is quite unfair. I majority in the House. am confident that any new Minister would In a few moments, I will give honourable have remedied this ridiculous situation. members a couple of examples. We are now about to be advised of a Cabinet reshuffle, The third example of errant ministerial and we have heard many rumours as to what decisions is that by the Minister for Justice and those changes might be. I might add that that Attorney-General—and I am pleased to see reshuffle is very much overdue. Many of the that he is in the House at the moment—who Government's Ministers have not been has decided that only those people who effective for many months, so this is not simply became JPs under the old system who an opportunity for new blood to be introduced upgrade to JP (Qualified) will be able to apply to the Cabinet, as the Premier says; it is, more for the 25-year and 50-year service awards. I importantly, an opportunity to remove some of must add that I believe that those awards are the muddlers to another portfolio where they a good idea for people who have served their may do less damage or be given a second community well for so long, but to have that chance to do a satisfactory job or, preferably, added requirement placed on people, many of dump them out of the Cabinet altogether. whom are of advanced years, is bordering on being an insult to them and the service that As I said earlier, I intend to give some they have already provided. I have several examples of what the people perceive as people in my electorate who are very angry arrogance in the Government's dealings with about this—angry, disappointed and them. There are many more examples, of somewhat offended. New Minister or not, this course, but today just three will suffice. I refer regrettable situation should be remedied. firstly to the decision by the former Minister for Transport to change the permit system for Mr Wells: I take what you say on board. disabled parking. It would appear that, Mr LAMING: I thank the Minister. I although some measure of consultation may believe that those three examples reflect, to a have occurred, many relevant groups were not large degree, the arrogance of this advised at all. We now have a situation in Government. It is opportune for the Premier, which one of those groups—the Community when allocating these portfolios, to allow the Disability Alliance on the Sunshine Coast—will new people coming into them to redress those request that the Minister scrap the proposed bad ministerial decisions. Failure to do that will two-tiered system for permits completely and not be lost on the electorate who might, revert to the former system. perhaps, effect their own reshuffle later this I am told that that organisation was not year. involved in the consultation process. Even more importantly, members of that organisation are very angry about the $10 Caboolture Hospital application fee for the permit to be provided to Mr J. H. SULLIVAN (Caboolture) them. They are very much opposed to that (5.21 p.m.): I appreciate this opportunity to fee, and I agree with them entirely. Many reacquaint the House with the achievements excuses have been offered as to why that fee of the Goss Labor Government in the was levied, one of them being the costs of provision of hospital services to the people of policing the new permit system. I would like to my electorate. In particular, I welcome the say—and I feel that I have the support not chance to rebut the untruths being peddled by only of disabled drivers but of most people in the National Party's candidate for the the community—that it should not be the Caboolture electorate, Mr L. E. Newton, the disabled who must pay for that policing person I defeated to enter Parliament in 1989. process; it should be a community As he has done before, he is now responsibility. After all, the disabled drivers attempting to rewrite the history of the have enough to contend with already. The Caboolture Hospital, and once again I intend Government should be pursuing those who Legislative Assembly 10989 21 February 1995 to make crystal clear to the community the than four years after we were first elected. We facts of the matter. Mr Newton has had have already announced that it will double in published in local newspapers a letter size by the end of the decade. purporting to tell the "true story" of the The third claim made by Mr Newton is that Caboolture Hospital, and has claimed that the the Community Health Centre at Caboolture hospital site was purchased by the previous was built as an interim measure. That Government, plans had been approved for a continues the subterfuge employed by the hospital similar to the Redcliffe Hospital, and former Government, which continued to refer that a community health centre was built as an to the Community Health Centre as Stage 1 of interim measure. I am more than happy to the hospital. It is clear that the Community deal with those claims, because the truth of Health Centre plays a necessary but separate those matters is an indictment of Mr Newton role in the delivery of health services in the and the previous National Party Government area. In this instance, it is built on the hospital of which he was a part. reserve, but to refer to it as Stage 1 of the Firstly, I acknowledge happily that Mr hospital was dishonest then, and to claim now Newton, and not I, was responsible for the that it was built as an interim measure for a purchase of the hospital site. The land was hospital that the National Party Government purchased without a soil test and had never planned is equally dishonest today. subsequently proved unsuitable for the The truth is that the National Party did construction of multistorey buildings, requiring nothing to provide the people of Caboolture an extra $1m for additional foundations for with a hospital. For 12 years they promised a Stage 1 of the hospital. Buying a low-lying site hospital, but in 12 consecutive Budgets did without a soil test was plain stupidity. Why Mr not allocate funding for even initial planning. Newton wants the credit for the purchase is My constituents are entitled to form the view beyond me, but I am happy for him to have it. that the National Party Government cared He has cost this State an estimated $3.5m in more about their votes than their health additional construction costs for the hospital needs. over its three stages. That is $3.5m less that is available for services to patients. Just as he The Goss Government continues to work did when he recontested the seat two and a to improve health services in Caboolture as it half years ago, Mr Newton will claim that soil does throughout the State. We have already tests were, in fact, made on the site. Just as I established a community mental health did then, I challenge him to produce service under the leadership of Dr Kali and documents to support that claim. He cannot now have funding for a separate adolescent do so because they do not exist. service. We have announced that Stage 2 of the hospital, doubling the size of the existing The second assertion relates to the hospital, will be built in this decade. We have approval of plans for a hospital similar to the called for expressions of interest from Redcliffe Hospital. Again, the claim is patently companies interested in developing a private false. No such plans existed within the Health hospital of 90 to 120 beds on the hospital Department. No capital works expenditure had reserve, a process known as co-location, to been included in the Budget brought down by further enhance specialist medical services. the former National Party Government just three months before the 1989 election was We are doing something about health announced. It had promised to build a hospital services in Caboolture. Unlike the Nationals, at Caboolture during four consecutive we care about the welfare of the people of elections—1977, 1980, 1983 and 1986. But Caboolture, not just about their votes on when our Government took office in 1989 polling day. there were no intentions to build a hospital similar to the Redcliffe Hospital, or any other Royal Queensland Bush Children's Health hospital, for that matter. That is despite the Scheme fact that the National Party had for 12 years been promising the community a hospital, and Hon. V. P. LESTER (Keppel) despite the fact that land had been purchased (5.26 p.m.): Just before the last election, nearly six years previously. $800,000-odd was spent to open brand- spanking new facilities at the Royal In contrast, our Government promised the Queensland Bush Children's Home at hospital during the 1989 election campaign; Yeppoon. Now it is closed, together with the announced it some 15 months later; funded it home at Townsville. There has also been a in our second Budget; expanded the project downgrading of services at Hervey Bay. There after some further planning work by the is some major mystery going on, because the regional health authority; and opened it less 21 February 1995 10990 Legislative Assembly

State Government claims that the Royal Scheme is amply funded, with a surplus of Queensland Bush Children's Health Scheme is $5.9m as at 30 June 1991. So we have the in charge of its own finances, yet the State State Government blaming the Bush Government has moved to pay it only by bed Children's Health Scheme and the Bush numbers and, of course, it has cut the rail fare Children's Health Scheme blaming the State subsidy it used to pay to transport the bush Government. We are going to have a system children to those homes. that is not going to work. We will find that the When we queried why those homes are first time there is a shortage of funding the closing and why those young children cannot social workers in the bush will disappear. We be given the treatment at the seaside that will probably not be able to persuade social they used to be given, the Executive Officer of workers to go out to those areas. the Royal Queensland Bush Children's Health Also, the people of Yeppoon want to Scheme, Mrs Keeshan, in a letter written on 7 know what is going to happen to the proceeds February 1995 said, in essence, "Don't blame from the sale of these buildings and to the us. It's the State Government that is the money that has been donated by local problem." The letter states— organisations. A lot of money has been ". . . a pre-condition of Government donated—thousands and thousands of funding to services of the Organisation dollars. Is this money going to be grabbed by was that a Strategic Plan be developed." the Government or by the Bush Children's Health Scheme? Where is it going to go? We Obviously, in order for the funding for this need to know. The people of central scheme to continue, social workers will have to Queensland need to know because this is a literally go out into the bush and into the sham, a cover-up. There is something wrong homes of the affected children. and we need to find out what the problem is. Over the years I have thought—as does I call upon the State Government to everybody else—that the schooling in a institute immediately a wide-ranging inquiry to different school, the health check-ups and find out what the staff of the Bush Children's medical attention available on the coast, and Health Scheme are doing and why these the sheer change of environment were really services are being taken away. This inquiry very wonderful things for those children. Yet all would have to be totally independent so that it of a sudden they are gone. So social workers could determine the role of the State are going to be roaming around the bush Government as well. If the Bush Children's trying to find out the problems of some of Health Scheme cannot obtain funding those young children who will now not receive because of the new guidelines and the the benefit of a break at the seaside. removal of subsidies, then it is also not going The State Government also has decreed to be able to continue to operate. The State that the child must have a health Government cannot get out of this. It has condition—— given away the bush. It has made it very clear, Mr Fenlon interjected. "To hell with the bush children." The next time the Budget is a bit short, there will be no social Mr LESTER: The Labor Party is not workers for these bush children. It is a really interested. That is not my problem. big sham. The sooner there is an inquiry, the Mr Fenlon: Why did you waste police time better. by going to that meeting? Mr LESTER: We were doing the right Mother Mary MacKillop thing by the people by having a meeting. The members of the Labor Party are trying to Mr T. B. SULLIVAN (Chermside) interrupt me. They are not interested in the (5.31 p.m.): The beatification of Mother Mary children of the bush. They are not interested in MacKillop on 19 January this year is cause for where this money is going. celebration for all Australians. In particular, it is a celebration for women and for all people of I make it very clear that the State the outback. Obviously, Australians of Catholic Government stands condemned totally for belief will take a special interest in this event, what it is doing. There is no way in the world but Australians of other beliefs, or of no belief, that the right thing has been going on in this can still celebrate the recognition of this case. There is some major cover-up. There is remarkable woman's work and the contribution some major conspiracy. Something is wrong. she and the Josephite Sisters have made to Yet the State Government, in a letter from the Australian society. Premier, has made it very clear that, in fact, the Royal Queensland Bush Children's Health On Tuesday, 2 February, the widespread appeal of Mother Mary MacKillop was Legislative Assembly 10991 21 February 1995 evidenced in Federal Parliament when the Mary MacKillop's beatification conveys on Prime Minister, Paul Keating, moved a motion her the official status of a role model. We all acknowledging the beatification and need role models, because they are the recognising the contribution to Australia by the idealised versions of how we see ourselves. Sisters of St Joseph. John Howard, the Leader They are the human success stories of people of the Opposition, seconded the motion. Last who have turned out the way we would like to Wednesday at the Brisbane Entertainment be. Role models show us how to overcome Centre, 8,000 Queenslanders joined the the battering that life gives us all. However, we Josephite Congregational leader, Sister Mary must be able to see something of ourselves in Cresp, Sister Rita Flynn, the Queensland the role model and, in Mary MacKillop, many Provincial, many other Sisters of St Joseph Australian can see a common sharing of the and leaders of various church and civic groups hardships of life. to celebrate the life and achievements of Mary MacKillop was a rural schoolteacher Mother Mary MacKillop. I am honoured to who started a religious order to teach the have the Queensland headquarters of the children of the poor. Her parents were Josephite order in my electorate. Sister Rita migrants from Scotland who found life here in Flynn and her congregational leadership team this strange country uncomfortable and are located at St Joseph's Provincial in demanding. Mary was born in 1842, and at Bayview Terrace, Wavell Heights. Mr Speaker, the age 16 or 17 became the chief wage I seek to incorporate into Hansard a list of earner of her family as the local schoolteacher. places where the Sisters of St Joseph have Her family could be described as dysfunctional ministered to Queenslanders since 1869. in today's terminology. One element in her life Leave granted. that strikes a chord with many Australian Queensland communities where the Sisters of women is her harsh treatment by the male St Joseph have formerly ministered: hierarchy of the Catholic Church. She was excommunicated by the Bishop of Adelaide Aspley; Caloundra; Cribb Is.; Geebung; Hendra; Kangaroo Point; Redbank Plains; for insubordination and a later Bishop of Redbank; Redcliffe; South Brisbane; Adelaide tried to sack her. There were similar Windsor; Yatala; Yeronga; Alpha; tensions in Brisbane and Bathurst, where Augathella; Blackall; Bowen; Bundaberg; bishops tried to take over her congregation to Burketown; Childers; Copperfield; Crows suit their own purposes. She stood her ground Nest; Dimbulah; Dirranbandi; Dysart; Esk; to defend her style of leadership within her Gympie; Helidon; Julia Creek; Mackay; small band of women. She took her case to Maryborough; Middlemount; Miles; the highest courts of the church and argued it Moranbah; Mt Chalmers; Pittsworth; successfully before the experienced Richmond; Rockhampton (Park Avenue bureaucrats and cardinals in the Vatican. She and Wandal); St George; Tambo; Tara; Taroom; Texas; West End; Woodford; kept calm in the face of malicious rumours and Woorabinda. abuse by withstanding pressure from people such as Bishop Quinn in Brisbane, who said— Queensland communities where the Sisters of St Joseph are still ministering to the local "I won't allow a woman to make a people: disturbance in my diocese." Acacia Ridge; Annerley; Banyo; Mother Mary MacKillop has become Beachmere; Beenleigh; Caboolture; something of a hero to Australian women of Coolangatta; Cornubia; Eagleby; Holland all, or no, religious beliefs. By establishing a Park; Moorooka; Mt Gravatt; Mt Mee; congregation of nuns whose overall superior Nundah; Salisbury; Scarborough, Southport; Surfers Paradise; Sunnybank; was a women, Mother Mary MacKillop Upper Mt Gravatt; Wavell Heights; challenged the church culture in much the Woodridge; Allora; Cairns; Manunda; same way as many women today are Chinchilla; Clermont; Cloncurry; Emu Park; challenging the hierarchy as they advocate the Gladstone; Inglewood; Millmerran; Mt Isa; ordination of women priests. The group of Quilpie; Rockhampton; North supporters for female priesthood who recently Rockhampton; Toowoomba; Townsville stood outside St Mary's Cathedral in Sydney (Mundingburra and Cranbrook). while the Pope was inside celebrating mass, Mr T. B. SULLIVAN: I also table for the were holding banners calling for the church to use of members and for other Queenslanders change its stand on the issue. Mother Mary who have access to our parliamentary library MacKillop is regarded by many Australians as reference material about Mother Mary a feminist of her time and, if she were here MacKillop. today, she may have joined those women outside St Mary's Cathedral. 21 February 1995 10992 Legislative Assembly

Mother Mary MacKillop also had an reasons that no other clinic or hospital in Australiawide vision. Long before Federation, Australia accepts, and that he uses the brutal she was thinking of the whole of this continent method of cranial decompression, which and New Zealand in unified terms. She also involves taking hold of the baby's legs while it refused to have the distinction between the is being born and forcing a blunt instrument so-called choir sisters and lay sisters. Her into the baby's skull while it is fully awake and democratic and egalitarian attitude was sensitive to enable the brains to be sucked typically Australian. She began her report to out. the Vatican with the words, "It is an Australian Dr Grundmann uses this method to who speaks." ensure, as he puts it in his lecture, that there is The Josephites set out to serve the "no chance of delivering a live foetus", children of the rural poor and Mary MacKillop's because to kill a baby of this age after it has all-encompassing acceptance of people been fully born is unquestionably murder. This enabled her to reach across denominational is an image that the people of Queensland will barriers. When she and her sisters were not forget easily. They know that this is no expelled from their convent during the typical abortion dispute, but is most blatantly a excommunication crisis in Adelaide, it was a case of child killing. They have heard Jewish businessman, Emanuel Solomon, who Queensland's senior abortionist, Dr Peter provided them refuge. She also kept close to Bayliss, say on television that what Dr the Protestant friends whom she made as a Grundmann is doing is murder. They have young shop assistant and, throughout her life, heard other doctors, including the head of the the Scottish Presbyterian Barr-Smith family Queensland AMA, Dr Robert Hodge, opposing were among her greatest supporters. Dr Grundmann's actions. The public agrees The beatification of Mother Mary that this doctor has gone too far, and they MacKillop reminds all Australians that we have have waited for the due process of Parliament something and someone to believe in. It was and law to bring him to account for his actions. the outcasts of society, the untitled poor, who But now they are being told by the Goss had first place in Mary MacKillop's heart. They Government that nothing is to be done. were people of flesh and blood and dirt and What will it mean for the conscience of squalor—children who had never known love. our society and its respect for the law if people Two of her greatest qualities were her are vividly aware of such brutality, such kindness and her respect for everyone, even if illegality, and then they see their leaders do she could not agree with their views or nothing about it? More importantly, what will it approve of their conduct. She was Mother mean for all the defenceless babies who, Mary of the cross and her cross took many unlike their peers in the hospital nurseries, will forms—ill health, the hardships of real poverty, never see a human face, never feel a human and the struggle to obtain the sheer touch except that tight grip on their legs and necessities of life. She is a great example to that stab to the head? Is that of no concern to us all. the men and women in Government? This is a Time expired. question of the most basic humanity and decency. It is too great a matter of public concern for a responsible Government simply Dr D. Grundmann to walk away from. Mr HORAN (Toowoomba South) People see a doctor getting some $2,000 (5.36 p.m.): Four months have passed since I or $3,000 for a late abortion, and they see him called for an inquiry by the Attorney-General advertising to his professional colleagues at a and the Minister for Health into the practice of Melbourne conference that his clinic is the only late abortions by Dr David Grundmann of the place in Australia prepared to do late abortions Bowen Hills clinic. As no action was on grounds which no other doctor accepts. forthcoming from the Premier or his Minister, I The message to doctors is this: if they have submitted a formal complaint to the clients demanding a late abortion which they Commissioner of Police. I table a copy of this think is unjustifiable, send the clients to Dr complaint and a copy of the reply from the Grundmann and he will justify it. He says he Minister for Police. will do it for minor or doubtful foetal It is my sad duty to report to Parliament abnormalities. An inquiry is needed to extract that there appears to be no further action by answers to these questions. Dr Grundmann the Goss Government. It is hard to imagine a says he will do a late abortion if, in his graver matter that could come before this sovereign discretion, he thinks the woman is House. Members will recall that Dr Grundmann sufficiently distressed by major life crises such claims to do abortions over 20 weeks for as desertion of the partner. Legislative Assembly 10993 21 February 1995

An inquiry is needed to establish Government that fails to halt this violent independent supervision over this doctor's practice will be condemned forever by the decisions to administer death in case, by ordinary, decent people of this State. I urge some chance, the profit motive is distorting his the Premier, in the interests of humanity and judgment. At present, there is no supervision justice, to act on this matter. or restriction at all on what he does, and that cannot be allowed to continue. There are tighter restrictions against the killing of wildlife Transport in this State than there are against Dr Mr ARDILL (Archerfield) (5.41 p.m.): One Grundmann's activities. of the benefits of being on the Travelsafe The letter of reply from the Minister for Committee is that it enables members to have Police states that no complaints have been a look at roads around Australia. It also made. However, a complaint is not required if enables us to form opinions on some of the the police otherwise have information which work that is going on other than that which leads them to believe a criminal offence may relates to road safety. While we might be a have been committed. This is particularly so little frustrated at the slowness of where admissions have been made by the Governments around Australia to adopt some alleged offender. But complaints have been of the recommendations made by Travelsafe made by my letter and through other and the other road safety committees, at least individuals and organisations. we can see that quite a bit of work is going on to improve the road system. The Minister said that section 73 of the Health Act, which provides for the keeping and One such feature is the building of ring- inspection of records, does not apply in Dr roads. In Queensland, in particular in Grundmann's instance, as the premises is not Brisbane, there has been a program of ring- a licensed private hospital. However, sections roads for some time. I commend this program 63A and 64 (1) of the Health Act would to the new Minister for Transport and I hope indicate that Dr Grundmann's clinics should be that its work will continue as speedily as registered as a private day hospital, inasmuch possible. A lot of planning and work remain to as an abortion, whether by curette or cranial be done. Of course, one of those ring-roads decompression, may be regarded as surgical will involve a bypass of my electorate of treatment. Thus, those working in such units Archerfield, work on which I trust will continue. would be doing so unlawfully. If the clinics Mr Deputy Speaker, that ring-road will also were licensed, section 73 of the Health Act improve matters in your electorate. would be applicable to them. I would also like to speak about rail in In paragraph (h) of his letter, the Minister Australia. Queensland leads the way. With the for Police confirms that a complainant would $526m upgrade to the main line, our spending be an offender under the Criminal Code and, is certainly way ahead of any of the other in so doing, confirms that this practice of Dr States. The One Nation scheme has provided Grundmann's would be a criminal offence. considerable finance to the National Rail Surely an amnesty could be provided to Corporation to upgrade the major main lines protect complainants in this matter in order to around Australia. But even that does not stack stop this violent practice. up with what is being provided by this Government to upgrade our system in We must be clear on this matter. Under Queensland. There is a lot of work going on Queensland law, a baby over 20 weeks is a on the north coast line between Brisbane and child. Babies of 23 weeks or more are cared Ingham, which anyone travelling on for in our hospitals. Dr Grundmann admits to Queensland trains can see. It is most killing babies of 24 weeks by cruel methods noticeable that the old track that was laid and giving reasons such as "minor down last century is being replaced, which will abnormalities" or "major changes in socio- make a considerable difference to the speed economic circumstances". of rail services between Brisbane and north The entire community has been outraged Queensland. and horrified at this practice. It is not good Mr T. B. Sullivan: Did the Country Party enough in this context of child killing for the do this sort of upgrading? Premier to say that it is a matter between a woman and her doctor, and to do nothing. Mr ARDILL: No, it did not. The Country The Premier and the Parliament have the Party had a history of reducing rail services power to order an inquiry into Dr Grundmann's throughout its time in Government, in blatant activities, and I call on the Premier to particular at the instigation of the Liberal Party use his power to order such an inquiry. Any content of coalition Governments. 21 February 1995 10994 Legislative Assembly

We have been criticised for cutting back contradiction that the Queensland passenger on branch lines in Queensland, but under the rail system is far in advance of anything else previous Government many more branch lines available in Australia today. We have seen a were closed than have even been suggested cutback in services right around Australia, and by this Government. I would like to talk about particularly in New South Wales, where the the upgrade right around Australia. As I said, downgrading of the land bridges from considerable work is being done on the Brisbane to Sydney and on to Melbourne is national rail network under the One Nation most noticeable. Their service is now starting scheme, and it is very pleasing to see this to be upgraded to some extent with the happening. The north coast line in New South introduction of new rail cars, but it is still way Wales is part of that upgrade. The upgrade in behind what is being provided in Queensland. that State under various Governments has not The restoration of the land bridge for the major been tackled. The north coast line of New overnight trains between Brisbane and South Wales is equal to the Queensland north Sydney, and Sydney and Melbourne, is coast line except in distance. It is about half something that should be tackled on a the distance of the Queensland north coast national basis. I trust that the new Transport line, but it has the same sorts of restrictions on Minister will take up the cudgels for the it that our ancient line had before the improvement and restoration of those services upgrades that are going on at present. and that he will continue what has been commenced in Queensland. New South Wales and other States have not kept pace with passenger rail to the extent Motion agreed to. that we have. I can say without fear of The House adjourned at 5.47 p.m.