9 Jun 1999 Legislative Assembly 2271

WEDNESDAY, 9 JUNE 1999 PAPERS MINISTERIAL PAPERS The following papers were tabled— Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Minister for Tourism, Sport and Racing (Mr Gibbs), by leave— read prayers and took the chair at 9.30 a.m. Lang Park Trust—Annual Report and Financial Statements for 1998 PETITIONS Late tabling statement by the Minister for Tourism, Sport and Racing (Mr Gibbs) The Clerk announced the receipt of the relating to the Lang Park Trust Annual following petitions— Report for 1998.

MINISTERIAL STATEMENT Fisheries Regulations Wear Wool Wednesday; Capital City Policy From Dr Kingston (408 petitioners) Hon. P. D. BEATTIE ( Central— requesting the House to remove all sections of ALP) (Premier) (9.33 a.m.), by leave: Before the Fisheries Amendment Regulation No. 3, commencing my ministerial statement, I Subordinate Legislation 1999 No. 58, relating acknowledge that today is Wear Wool to the legalisation of trawlers to take and sell Wednesday. Today, in common with many finfish, winter whiting and blue swimmer crabs other people, I have worn wool—a full woollen from the legislation. suit—as an acknowledgment of this great Similar petitions were received from Mr industry, which has made a significant Wells (127 petitioners), Mr Black (82 contribution to the development of this nation. petitioners), Mr Hollis (37 petitioners) and Mr The Government and the Laming (115 petitioners). Brisbane City Council will enter the new millennium in an exciting new partnership. The partnership, spelt out in the Capital City Policy, Sale of Liquor by Major Retailers formalises the very good working relationship that has been built up between George Street From Mr Lingard (687 petitioners) requesting the House not to increase the and City Hall. Basically, the policy creates a availability of liquor in the community by framework for the two administrations to work extending the sale of takeaway liquor to together to enhance Brisbane as the State's supermarkets and other retail outlets. capital city. It will influence policy making, program activity and investment decisions. A capital city task force, comprising senior Gatton Campus of officers from the Government and the council, has identified projects in seven key areas, and From Dr Prenzler (1,884 petitioners) that is where we will be focusing initially. The requesting the House to (a) uphold promises two levels of Government will work together to and undertakings given in 1991 through to provide resources for priority projects in the 1996 to establish the Gatton campus as the interests of not just Brisbane but the whole of preferred location for a world-class education Queensland. The Lord Mayor and I will hold and research facility and (b) to act to ensure summits at least three times a year to drive the that the Animal Health Institute as stated by policy. What this means is that the big issues the Department of Primary Industries in for south-east Queensland—roads, public February 1999 is established at the Gatton transport, sports facilities and affordable campus of the University of Queensland. housing—will be addressed by both Governments simultaneously. More strategic planning will mean better facilities for residents Base Hospital and more effective use of taxpayers' and ratepayers' money to create an even more From Mr Slack (4,008 petitioners) attractive and vibrant capital city. The new requesting the House to reject any move to millennium gives us the ideal opportunity for close the outpatient facility currently operating this new approach. at the Bundaberg Base Hospital, Bourbong Street, Bundaberg and to retain it as it In many ways, Brisbane should be the currently exists. gateway to this State, encouraging investment, tourism and opportunities for all Petitions received. Queenslanders. Brisbane already has an 2272 Ministerial Statement 9 Jun 1999 edge, because it has a whole-of-city local affordable housing and respond to high priority government combined with great economic issues relating to caravan parks, hostels, potential, a fabulous climate and a relaxed boarding houses and homelessness. The next lifestyle. The Capital City Policy will allow us to area is the Brisbane economic development build on these strengths and help us become and gateway ports strategy, which will involve a key player in the Asia-Pacific region. investigating ways to increase investment and The seven key areas that will be the initial exports, encouraging information technology focus of the Capital City Policy are as follows: and knowledge-based industries, establishing integrated regional transport planning, which a management and marketing framework for involves developing an integrated public the gateway ports and agreeing on key transport system for Brisbane, looking at major development areas and infrastructure funding. projects such as integrated ticketing and Again, that is part of TradeCoast. We timetables, busways, bus priority and light rail. intend to lead Australia in exports. All of this Mr Speaker, as you would appreciate, our and more is contained in the Capital City vision for Brisbane includes not just a light rail Policy, a copy of which I table for the project for Brisbane but the South Bank information of honourable members. redevelopment, at a cost of $81m, a We also need a partnership with the pedestrian walkway bridge and the Commonwealth. The Commonwealth should redevelopment of the Roma Street site. The be involved in a national strategy for second area is the joint management of sport infrastructure development, with a focus on and entertainment facilities, which will involve strategic investment to drive our capacity to investigating the future of sporting facilities, export and to support the quality of life in our coordinated management and development. cities. It is time the Commonwealth joined in in As honourable members would know, the the organisation of a better urban community. Gabba is being redeveloped with a 37,000 Some 63% of Australians live in the capital seat capacity, and six soccer matches will be cities and over 80% live in urban communities played in the lead-up to a quarter final for the in Australia, yet the Commonwealth does not Olympics—a total of seven soccer matches. have an urban policy. It is leaving out 80% of The Government has also agreed with the city Australians through its lack of policy and council about the development of a major direction. Today I call on the Commonwealth stadium for Rugby League and Rugby Union. to participate as a third party in the Capital City That is currently being worked on by the State Policy. Government and the Brisbane City Council. I am pleased to say that this view has the That will involve a choice between Suncorp backing of the Lord Mayor and also the Stadium and the RNA. Property Council of Australia. Last week, the The next area is coordinated information Property Council's Executive Director, Ross management, which will involve looking at Elliott, said— sharing technology, such as call centres and "The next version of Capital City library on-line facilities, to deliver better services Policy launched by the Premier and the to residents and businesses. The next area is Lord Mayor should also have the Prime the integrated marketing of Brisbane, which will Minister as a participant and that is the involve developing an integrated tourism outcome we will be working towards." strategy for Brisbane that allows key stakeholders to define the city's image and I look forward to updating the House as our infrastructure. Yesterday I mentioned the plans with respect to the Capital City Policy launch of Australia TradeCoast, undertaken by come to fruition. the Deputy Premier, the Lord Mayor and me, which will enhance trade and job opportunities MINISTERIAL STATEMENT for Queensland. Centenary of Federation; Year of the The next area is a coordinated festivals Outback and events strategy, which will ensure support for festivals that reflect community aspirations Hon. P. D. BEATTIE (Brisbane Central— and highlight the city's unique identity. In ALP) (Premier) (9.39 a.m.), by leave: In addition to the arts, there are obviously other relation to the centenary of Federation and the major events, such as the Goodwill Games, Year of the Outback, there are important which are being worked on by the Minister at matters I want to draw to the attention of the present. House. In a little more than 18 months, Australia will commemorate the centenary of The next area is an affordable housing Federation—the birth of our nation. The strategy, which will encourage the availability of Queensland Government will be marking the 9 Jun 1999 Ministerial Statement 2273 centenary with a number of events, huge response to the first round of funding celebrations and community projects. All shows that people not only want to celebrate together, we have committed $25.83m. Of the anniversary of nationhood but also want to that amount, $10.2m will spent on the leave a legacy. Regional Queensland made Community Assistance Program. This program an important contribution in the first round, and will help communities around the State to regional communities showed great commemorate the centenary in their own way enthusiasm for the program. by creating lasting reminders of the past and While I am talking about regional by celebrating the future. Queensland, I would like to inform the House We had a great response from that the Cabinet, on a submission from the community groups in the first round of funding, Minister for Primary Industries, has endorsed a with 384 applications received. Forty-eight proposal to declare 2002 as Australia's Year of projects from around the State were approved the Outback. The Primary Industries Minister by the director-general of my department, and and I have already outlined the plan to the a total of $2.6m was allocated. Successful Commonwealth, and I will be urging the applicants will receive between $5,000 and Commonwealth to officially designate the year $100,000. Eighty-six per cent of the first round and also agree that the national launch be of grants were awarded to community groups held here in Queensland—Australia's most and local councils from outside Brisbane, decentralised State. Outback 2002 is a great recognising the importance of celebrations concept. It is an excellent opportunity to throughout the entire State. Preference was showcase the distinctive characteristics of the given to projects that were inclusive, outback and strengthen links between city and imaginative and demonstrated a high level of country. As the Minister for Primary Industries community support. They include art has so aptly put it, the potential for the Year of exhibitions and historical displays, oral history the Outback is only limited by our imagination. projects, restoration of significant heritage I believe that the Commonwealth and the buildings and the development of walking State need to work on this and on the little trails, parks and playgrounds. things that a lot of Australians do not One grant, of $5,000, will ensure that understand. For example, Waltzing Matilda memorials to four men who paved the way for was written during the shearers strike in 1891. Federation in 1901 will be proudly It is one of the most emotional songs or pieces remembered a century later. The Friends of of poetry that has been recorded in this Toowong Cemetery Association will clean and country. We need to acknowledge our history. restore the graves of the delegates to the The year 2002 is an opportunity to promote 1891 Federal convention—Sir Samuel Walker the bush to the world not just from a tourism Griffith, John Donaldson, Thomas Macdonald- perspective but to enhance their respect Patterson and Sir Arthur Rutledge. Funding of across Australia and throughout the world. $45,000 will also go to the Saibai Island council to record oral history and pass on traditional skills to the next generation. MINISTERIAL STATEMENT The Major Mitchell Trail Steering Goods and Services Tax; Arts Industry Committee will receive $100,000 to identify the Hon. M. J. FOLEY (Yeronga—ALP) route of Major Sir Thomas Mitchell's fourth (Attorney-General and Minister for Justice and expedition in 1846—a project that Minister for The Arts) (9.44 a.m.), by leave: encompasses 12 shires and is designed not Much attention has been given recently to the only to encourage bush tourism from Europe, Australian Democrats' deal with the Federal the United States and Asia but also to ensure Government on its proposed great secret that the heritage trails become a major input tax—the GST. While the Democrats' leader, for bush tourism. I want to also thank the Meg Lees, has proposed spelling out a recipe Centenary of Federation Committee, which is for bread in the Federal 's new tax working incredibly hard at the moment, which legislation, she and the Federal Government works through these grants. The Treasurer is in have colluded on a deal which spells out a fact a representative on that committee. recipe for disaster for the Queensland arts I am happy to announce today that the industry. second round of funding for this exciting Senator Lees and Mr Howard also appear program is now open. Community groups can to be reading from different recipe books when apply for grants up until 29 October, and I it comes to their understanding of encourage them to do so. The successful compensation for the arts industry. A projects will be announced early next year. The statement released by Senator Lees after her 2274 Ministerial Statement 9 Jun 1999 deal with the Prime Minister, outlining so-called components, such as the concentrator and the key concessions she had won, reads in part "a crusher, are being commissioned right now. process to carefully assess the impact of the The pit itself has exposed the top of the GST on Australia's arts industry and ensure ore body. At this stage the pit is about 800 that any adverse effect is remedied through metres by 600 metres, and when it is in full funding support". However, in a letter to operation it will grow to about double that size. Senator Lees dated 28 May the Prime Minister I am told that the amount of material being says that the Federal Government will "review removed from the mine every day would fill the the need for additional assistance to the arts in Melbourne Cricket Ground to a depth of three the light of the Nugent review of arts funding, metres. It is obviously a massive project. with a view to ensuring that the arts are not adversely affected by the impact of the GST". I am pleased to say that safety on the site The Nugent review does not encompass has been good and performance by the the GST in its terms of reference and covers construction work force has been the major only major funded companies in the contributor to this achievement. As everybody performing arts. The Queensland arts industry, in this House would be well aware, safety has which employs about 54,000 people directly to be paramount in these types of projects. So and indirectly, is much broader than the I commend the work force and the company segment covered by the Nugent review and for their performance. I am also pleased to say includes visual arts, craft and design, public that the NORQEB transmission line to the site art, literature, film, digital art, museums and is going well. Stringing of the lines started on 1 festivals. The deal struck between the May, with the wires being run out by helicopter. Democrats and the Federal Government The final towers are being put into place and I includes no up-front concessions to offset the have been assured that the line will be effects of the restructured GST, and cash- commissioned and ready for duty by 1 August, strapped arts organisations cannot afford to as promised. It is obviously a project to be absorb its impacts. Evidence from other proud of. This will be the biggest zinc mine in countries where goods and services taxes the world. However, success can be measured have been introduced shows a significant in a number of ways. I believe that one of the downturn in ticket sales. biggest successes of this project is the way it has succeeded at community partnerships. Last week in I met with the There are some very real and practical benefits Federal Arts Minister, Richard Alston, and he flowing from this mine to the local was unable to give me any assurances in communities, particularly in the form of training relation to arts industry funding and the impact and jobs. of the GST, other than to wait and see what happens. The arts industry will be hit hard by When I visited the mine recently I spoke this unfair tax, and so will those many with trainees and workers from right throughout Queenslanders who enjoy the fruits of its the north. They are all working on the project labours. In short, the deal struck by the and they place great value on the Democrats and the Federal Government on opportunities presented by it. I am told that this regressive new tax spells out a recipe for there are more than 160 employees of disaster for the Queensland arts industry. Aboriginal descent currently working at the Century mine. Most of them come from areas of low employment. The company assures me MINISTERIAL STATEMENT that it is working hard to ensure this situation Century Mine Project continues and I commend it for that. I have been involved with this project in many ways Hon. T. McGRADY (Mount Isa—ALP) over the past 10 years. There is an old saying (Minister for Mines and Energy and Minister that you might lose the battle but you win the Assisting the Deputy Premier on Regional war. I submit that that saying is appropriate in Development) (9.47 a.m.), by leave: I wish to this case. inform the House of progress with the Century mine project. This massive project is taking In conclusion, there must be a shape rapidly, and I believe it is on track for tremendous sense of pride on the part of first production during the third quarter of this those members of the communities, year. Full production is targeted for early next particularly the women, who realised that it is year. Once fully operational, this mine will have projects such as this that can bring training an annual production of about 5 million tonnes and employment to their people in areas of of ore. This equates to about 30% of almost total unemployment. My Australia's zinc production and 8% of the congratulations go out to all of those people Western World's. Some of the major who fought the hard fight and won. 9 Jun 1999 Ministerial Statement 2275

MINISTERIAL STATEMENT This Government is delivering. The former Brisbane Light Rail Project Government proposed a fundamentally flawed project—one relying on old technology and Hon. S. D. BREDHAUER (Cook—ALP) inconsistent with an integrated approach. We (Minister for Transport and Minister for Main are delivering a modern, efficient, integrated Roads) (9.51 a.m.), by leave: I inform the light rail system. House of the progress in the Brisbane light rail project. The Brisbane light rail project is an Mr Johnson interjected. important initiative to encourage increased Mr SPEAKER: The member for Gregory? public transport usage in south-east Order? The House will come to order. The Queensland. Also, it will contribute to member for Gregory? I would have thought increased job growth in both the short and after the Courier-Mail article this morning I long term. would not have had to call order. Expressions of interest to develop Brisbane light rail were called from the private sector on 24 February 1999 and closed on 19 MINISTERIAL STATEMENT April 1999. The response to the expressions of State Education 2010 interest was high, with seven proposals received from six different groups. The six Hon. D. M. WELLS (Murrumba—ALP) groups which submitted proposals were as (Minister for Education) (9.54 a.m.), by leave: It follows: City Trax, City Transit, Brisbane Light is an honour to address the House on Wear Rail, Brisbane Integrated Transport Wool Day. My father, who at one stage of his Consortium, CiVis Transport Consortium and career was a western shearer, would have Farnow Pty Ltd. been very proud of the prominence that the Queensland Parliament is giving to this great I am pleased to announce that four Australian industry. groups have now been short-listed for the project. These are City Trax, City Transit, I draw the attention of the House to the Brisbane Light Rail and Brisbane Integrated 2010 education strategy and I draw the Transport Consortium. Those on the short list attention of members to the progress being include some of the most prominent made with Queensland State Education 2010. construction, engineering, transport and As members may be aware, this is the first financial corporations at a State, national and time that the purpose and future of education international level. The short-listed group has been so thoroughly canvassed in includes the most prominent suppliers of light Queensland. rail vehicles from Germany, France and Italy. In the past few weeks, officers from my These can provide state-of-the-art expertise, department have undertaken consultations allied with local vehicle manufacturers. Two of with principals, teachers, students, parents and the world's top 10 banks, Deutsche Bank and members of the community. More than 60 ABN AMRO, have expressed interest in schools have been visited and meetings have providing finance to bidders for the project. been held with parents and school-based staff The strength of the companies involved in in each of the 36 districts in the State. Overall, bidding for the project demonstrates how well it more than 600 meetings have been held. All has been received by the private sector. participants have been asked questions All of the short-listed groups are headed fundamental to the future of education in this by local firms, which should maximise the State. I am pleased to say that many employment creation benefit to Queensland. members of this House have responded to my The planning estimate for the project cost is invitation to be part of the consultations. $235m, which would result in approximately There has generally been a positive 300 jobs being created during the construction reaction to the discussion paper and to the phase and approximately 80 permanent jobs issues raised. The department advises me that during operation of the light rail project. a number of key themes have emerged during It is planned to call for detailed proposals these discussions. These include: the deep from those on the short list in mid July 1999. commitment of teachers to the welfare of Construction of the project is intended to start children and to ensuring their full development in mid 2000. With the continuing cooperation as participants in society; concern that State of the Commonwealth and $65m from the Education is recognised for the valuable Commonwealth's Centenary of Federation contribution it makes to the future of Fund, Stage 1 of the project should be individuals and for its underpinning of a fair, operational by the end of 2001 and Stage 2 just and democratic society; and the need for should be operational by the end of 2002. the system to be more flexible in responding to 2276 Ministerial Statement 9 Jun 1999 the diverse needs of different communities in The way was shown by the Human Rights Queensland—from Bamaga to Brisbane. and Equal Opportunity Commission in 1996 The project team is now waiting for when it found that a group of Palm Islanders submissions from Government departments, were unlawfully discriminated against and employers, community groups and teachers. should each receive $7,000. That sum was These are all due to reach Education compensation for racial discrimination, not an Queensland by 25 June. The department will attempt to deliver the precise back-pay owing then look to publish a report on the to individual claimants. consultations, preliminary to commencing the Since the initial six Palm Islanders were development of a strategy in July. I am grudgingly paid by the previous Government in confident that the process will provide positive 1997 I have delivered cheques to 14 others, directions for State education that reflect the and another 380 claims have been lodged wishes and aspirations of parents, teachers with the Human Rights and Equal Opportunity and students. Commission. It was clear that these marked the beginning of a concerted campaign for wage justice and that any attempt by the MINISTERIAL STATEMENT Government to contest these claims would do Underpayment of Aboriginal and Torres little more than enrich the legal profession. Strait Islander Employees I stress here that the process of Hon. J. C. SPENCE (Mount Gravatt— compensation to be established by the ALP) (Minister for Aboriginal and Torres Strait Government and FAIRA will cover only people Islander Policy and Minister for Women's who were underpaid by the Queensland Policy and Minister for Fair Trading) Government between 31 October 1975 and (9.56 a.m.), by leave: Last week Cabinet made 29 October 1986. The latter date marked the a decision which will go some way to completion of the transfer of most of the work redressing past injustice and smoothing the force to Aboriginal and Torres Strait Islander path to reconciliation in Queensland. Cabinet community councils. It will apply only to people agreed that the Department of Aboriginal and alive on 31 May 1999, not the families of Torres Strait Islander Policy and Development people deceased before that date. People will work with the Foundation for Aboriginal and who are eligible for the payment and who Islander Research Action, known as FAIRA, on choose to take it will forgo their right to seek a process that will see compensation paid to redress through the courts. former State Government employees who I stress that this compensation has were unlawfully underpaid. nothing to do with the Welfare Fund and none The Cabinet decision owns up to the past of the payments will come out of the fund. by acknowledging that thousands of Aboriginal Even so, the department and FAIRA calculate and Torres Strait Islander people formerly that some 3,500 people will be eligible. It is employed by the Queensland Government worth recalling that not all reserves were were paid less than the award wage, simply administered by the Government. because of their race. It will deliver justice to Officers from the department and the workers whom the National Party representatives of FAIRA are working closely to Government of the day continued to underpay establish an administrative process to identify after 31 October 1975, in full knowledge that eligible recipients. They will produce an the Commonwealth Race Discrimination Act application form and begin a community made this action unlawful. It will also be fair to education process, which will include visits to the taxpayers of today, who had a bill for communities. Because of the large number of compensation foisted upon them by an people involved and the remoteness of many administration that deliberately and of these communities, we expect the process discriminately flouted the law. will take two years to complete. There has been some alarmist, In closing, I thank the Aboriginal and irresponsible talk in the past week, suggesting Torres Strait Islander workers for their patience that Cabinet has flung open some imaginary towards their former employer. They were the floodgates which held back a tide of people who made the reserves tick, yet they compensation claims. The truth is that the were treated as somehow less worthy than Government has taken a practical, rational non-indigenous people in similar roles. Some approach to an issue which the previous of them have waited more than 20 years for Government spent hundreds of thousands of wage justice, displaying a depth of tolerance taxpayers' dollars seeking to deny. from which we could all learn. 9 Jun 1999 Ministerial Statement 2277

MINISTERIAL STATEMENT systems, as well as those systems provided by Rural Water Use Initiative irrigation water providers, such as the Department of Natural Resources, will be Hon. R. J. WELFORD (Everton—ALP) examined. (Minister for Environment and Heritage and Rural industry has recognised the vision Minister for Natural Resources) (10 a.m.), by shown by the Beattie Government in leave: The mark of a good Government is its introducing this scheme. In media statements, sense of vision for the future—to be able to Cotton Australia said it would bring valuable understand the big picture. One of the Beattie gains to rural communities and the Government's main priorities is a prosperous environment. Their deputy chairman, Charlie future for all Queenslanders and their children, Wilson, described the consultation between the growth of our industries and job Government and industry as the best for a opportunities in both our cities and our regional decade. The Queensland dairy industry centres. An initiative of the Beattie commended the Government's foresight and Government which contributes to these aims is commitment to partnership with industry. the rural water use efficiency initiative, which I Queensland's fruit and vegetable growers said announced in Rockhampton last Sunday. that the initiative was an excellent example of This initiative has been welcomed by how industry and Government could work Queensland's rural industries. The together to provide significant economic and Government will spend $41m in a true environmental benefits for growers and partnership with rural industry over the next regional and State economies. Canegrowers four years. We will be working with producers chairman, Harry Bonanno, said the sugar to improve the way in which irrigation water is industry, which is the largest user of irrigation used—accounting for 80% of the State's water water in Queensland, welcomed the move. He use. The major benefits of this initiative are: by said the widespread adoption of best practice 2003, an estimated annual increase in water use methods throughout the agricultural production of $280m, equivalent to canegrowing industry would contribute greatly what would be obtained by supplying an to improved productivity, sustainability and additional 180,000 megalitres of irrigation international competitiveness. water; 1,600 new jobs for regional This initiative is important for Queensland; improved farm profitability and Queensland's future. Not only does it look at viability of Queensland's rural industries; and conserving one of our most precious reduced run-off of pesticides and nutrients into resources, it provides opportunities for farmers rivers and streams. to improve their profitability by producing more The rural sector uses 80% to 85% of the with each megalitre of water. It opens the way State's water, and any long-term efficiencies to increase agricultural production by $280m a can have considerable benefits for rural year, and it provides opportunities to create communities. This initiative has four major jobs for another 1,600 Queenslanders, programs based on sugarcane, cotton and especially in rural and regional areas. This is grain, dairy and pasture and the major the type of visionary initiative that the Beattie horticultural crops. In the first program, our Government is introducing for rural and focus is to improve irrigation water regional Queensland. And in partnership with management on farms through adoption or our rural industries, we will continue to take on extension programs. In line with our challenges in resource management— partnership approach, this program will be challenges which the previous Borbidge managed by rural industry organisations. By Government found too hard. July 2000, in conjunction with rural industry, we will develop strategies to reduce water losses MINISTERIAL STATEMENT from storages on farms. These strategies will include revised guidelines for the design, Wear Wool Week; Wear Wool Wednesday construction, operation and maintenance of Hon. H. PALASZCZUK (Inala—ALP) farm water storages. We will be encouraging (Minister for Primary Industries) (10.05 a.m.), farmers to build these storages to their by leave: This week is Wear Wool Week and economically optimum height. There will also today is Wear Wool Wednesday. It be a financial incentive program to assist commemorates the arrival of the first merino farmers to achieve best practice in irrigation sheep to Australia 202 years ago and, water management. These will be developed importantly, it also raises the profile of in conjunction with rural industry by July 2000. Australian wool and the importance of the wool Finally, cost-effective ways of reducing water industry to Queensland. It is an employer of losses from water storages and distribution 9,000 people in this State. 2278 Ministerial Statement 9 Jun 1999

I have written to all honourable members run on the product that Kerry Richards in this House asking them to wear wool today informed me that she sold out in both her to help celebrate Wear Wool Wednesday, and Toowoomba store and the Brisbane store two I thank all honourable members for their days after I publicised the fact that woolly support. Courtesy of the Wear Wool Week "wundies" are the best thing close to your organisers, I am pleased to offer every body. member a wool tuft to wear as part of the Mr Schwarten: I think you should model celebrations. Mr Speaker, I would like to them. Table the undies. acknowledge your support for the wool industry. I note that woollen parliamentary ties Mr PALASZCZUK: I will not respond to are available at the Parliament House gift such taunts at all this morning in the House. shop. I notice, Mr Speaker, that today you are Our generation was brought up wearing not only wearing a wool suit but also one of wool, but that is no longer the case. Many the ties from the Parliament House gift shop. young Australians are not as familiar with wool, So if I can beg your indulgence, I congratulate and the natural attributes of wool are often you on that. taken for granted. Sadly, research shows that The State Government's support for the Australian shorn wool production has fallen wool industry is reflected in its support for the from 1,031 kilotonnes in 1989-90 to 650 Wear Wool Week promotions across the kilotonnes last financial year. State. For too long, the wool industry has been Mr Veivers: What's the micron size of hurting. The wool industry has had to contend these things? with a devastating drought for most of this Mr PALASZCZUK: It is a telling statistic decade. It has faced intense competition in when you take into account that for every the marketplace from rival fibres, and it continues to endure depressed wool prices. Mr dollar earned by the wool industry, 90c flows Speaker, I need not remind you that the on to production in other industries and an additional 36c of household income in Queensland wool industry has faced dark days Queensland. For every additional million before. The great crisis of more than a century dollars earned by the wool industry, 30 ago left many legacies for this country. I refer additional jobs are created. It is for all these particularly to Waltzing Matilda, the United reasons and many more that Wear Wool Graziers Association and, of course, that great Week and Wear Wool Wednesday are so political party, the . critical. Mr Schwarten: Not to mention the And in response to the honourable Australian Workers Union. member for Southport's interjection about the Mr PALASZCZUK: And not to mention microns in this tuft of wool—I have spoken to the Australian Workers Union. the honourable member for Gregory who is The State Government and industry are well known throughout Queensland and this working to alleviate the impacts of this Parliament for his sartorial elegance, and he prolonged depression with emphasis on informs me that the micron value of these tufts sustainable production and on lowering costs. of wool is 21 microns. Also, we have seen greater product innovation which has ensured that the wool industry broke new ground and stimulated consumer MINISTERIAL STATEMENT demand. For instance, few people would know Emergency Services Advisory Council that the Australian cricket team, which I Hon. M. ROSE (Currumbin—ALP) believe—and I will stick my neck out—will win (Minister for Emergency Services) (10.10 a.m.), the World Cup, is wearing the new sports wool. by leave: Cabinet recently approved the Mr Gibbs: There is wool in the State of composition of the Emergency Services Origin jerseys tonight. Advisory Council—the community-based body Mr PALASZCZUK: Wool in the State of which will advise me on emergency service Origin jerseys—of course. delivery. ESAC will be headed by former South Coast Regional Health Authority chair Eda Another innovation I will turn to briefly is Beck. The 14-person council also includes the 100% woollen underwear called ambulance, fire, surf lifesaving, volunteer "wundies"—the brainchild of a Queensland marine rescue, State Emergency Service, local woolgrower and designer, Kerrie Richards. government, indigenous and community Government members interjected. representatives. Mr PALASZCZUK: The last time I gave I am delighted with the composition and prominence to this product there was such a balance of the council and the fact that it will 9 Jun 1999 Private Members' Statements 2279 be headed by Ms Beck, who has a wealth of NOTICE OF MOTION experience in health care delivery. It is highly Burnett Water Storage representative of the community and council members have complementary expertise and Mr SLACK (Burnett—NPA) (10.13 a.m.): I experience and, most importantly, a common give notice that I will move— trait of being ready to play a role in improving "That this Parliament reaffirms the the delivery of emergency services to Premier's public commitment to Queenslanders. constructing a major water storage on the Burnett River within five years from the Ms Beck currently is a lecturer at the June 1998 state election." School of Health Science at . She has worked at senior levels in the health systems of Victoria and the Northern Territory PRIVATE MEMBERS' STATEMENTS before moving to Queensland. She is a Fellow Naming of Paedophiles of the Institute of Management and the Australian Psychological Society and Mr SPRINGBORG (Warwick—NPA) immediate past president of the Australian (Deputy Leader of the Opposition) Institute of Management, Gold Coast Division. (10.13 a.m.): It is with much regret that I must She holds a Master of Administration, Diploma inform the House of the Beattie Government's of Criminology and a Bachelor of Arts. failure—and more particularly the failure of the Attorney-General—to uphold the laws of this Aboriginal Coordinating Council chair State in relation to repeat child sex offenders Wayne Connelly, Livingstone Shire Mayor until the Government is forced to act as a Barbara Wildin, Emergency Services Director- result of Opposition or community outrage. General Michael Kinnane, United Firefighters I note from a report in this morning's Union vice-president Mark Gribble, Deputy Courier-Mail that a convicted child sex Local Controller of the Redcliffe SES, Sandra offender, who allegedly failed to comply with a Elliott, Sunshine Coast structural engineer and court order to inform police of his address after surf lifesaver Teresa Grant, former member of being released from Lotus Glen in March, was the QAS board Lisette Brake, Auxiliary not charged until yesterday. It is also now Firefighters Association representative Allan apparent that the Attorney-General sat on his Faulks, Volunteer Marine Rescue Association hands until Monday before deciding to provide secretary-manager Harry Hubner, Rural Fires written authorisation to proceed with a Council nominee Lynette Munt, Rural Fire prosecution against the offender. Brigades Association vice-president Betty Wait, Noosa Shire councillor Linley Midgley and I think it is vital for this House to note that ambulance officer Adele Major complete the the Attorney-General took no action on this council. issue—no action whatsoever—until I sent a letter to him last Friday, 4 June, demanding to The council's role will be primarily to know what action he had taken in relation to provide advice to me on the extent to which this offender. I also sent a copy of that letter to the delivery of fire, ambulance and other the Premier on Friday. I table the letter. disaster management and emergency services It is quite clear that the Attorney-General meets community needs. It will provide a did not take any action until Monday. In other dynamic forum for discussion of issues words, he did not take any action until the affecting the emergency services and help Opposition demanded to know what he had build even more productive partnerships done. He had obviously done nothing and was between the emergency services and local forced into action only once the Opposition communities. Members will also seek solutions had raised the issue last Friday. Such to service delivery problems in communities incompetent mishandling by the Attorney- across the State. General of the law, which he is responsible for Another role will be to encourage and upholding, is appalling. His constant attempts support the development of effective to put political agendas before justice have community safety and awareness programs. undermined the independence of the position ESAC will act as a consumer feedback forum, of Attorney-General. allowing greater community input into the Yesterday, we heard the Attorney-General delivery of emergency services. The council will and the Minister for Police trying to claim that meet three to four times a year and will cost an there are deficiencies in the current reporting estimated $50,000 a year to run—compared mechanisms under the law for repeat child sex with around $350,000 per annum for the QAS offenders. The only deficiency is their own and QFRA boards it replaces. mishandling of the law. As always, the 2280 Private Members' Statements 9 Jun 1999

Attorney-General must again be forced into Magnificat Meal Movement action by the Opposition. Mr QUINN (Merrimac—LP) (Deputy Leader of the Liberal Party) (10.18 a.m.): I refer this House to growing concerns about the Traffic Problem, Cairns appropriateness of allowing the Magnificat Ms BOYLE (Cairns—ALP) (10.15 a.m.): It Meal Movement to teach religious instructions may come as a surprise to members of this in our schools. Let me make it clear that I am House to learn that we have a serious traffic not in a position to judge whether this problem in the southern suburbs of Cairns. movement is a bona fide religious organisation These suburbs are in the State seat of or otherwise; nor, I suspect, is the Minister. Mulgrave. Workers, and people who bring That is the issue. The Minister has a duty of children into Cairns in the mornings, are care to have this situation thoroughly confronted by a major problem which has investigated to ensure that children's interests come about through the rapid development of are protected. the southern parts of the city. These are The coalition is not alone in this view. tremendous suburbs which are now the homes Local parents are concerned, the local priest is of, particularly, young families. concerned, the local bishop is concerned, However we may look at that problem, we former members of the movement are must understand that members of the Federal concerned and so are various others. The Government are turning their heads and Minister should be concerned as well, but should be ashamed of the situation. The apparently he is not. What harm could it do to Federal seat of Leichhardt, held by Mr Entsch, conduct a proper investigation of the concerns covers the two State electorates involved. raised by the Helidon and Flagstone Creek Despite strong and repeated representations communities? If the movement was found to by the State Minister for Transport, Steve be a bona fide religious organisation, Bredhauer, the best the Federal Government beneficial to students, that would be the end has been able to come up with—in Mr of the matter. On the other hand, if there is a problem and existing legislation does not cover Entsch's second term—is a promise of funding the situation, it is up to the Minister to fix it. in two years' time. In the meantime, the traffic jams are serious and represent an intrusion. No law is immutable. We refine laws every This is neglect of an important area. This day in this House as circumstances require. neglect should be recognised, particularly on a Contrary to what the Minister claims, this is not day when the member for Leichhardt is in the about conducting an inquisition; it is about national press over his private business commonsense and taking responsibility. The interests. It is a pity that the best he can do in Minister has a legal and moral duty of care to his second term is get us funds which will be the children in our schools and it is about time forthcoming in two years. that he started to exercise it. I share the concerns of the State Minister for Transport, the member for Mulgrave and Chapel of the Good Shepherd the frustrated thousands of people who have Mr BRISKEY (Cleveland—ALP) to put up with this injustice every morning on (10.19 a.m.): At 2 p.m. last Saturday afternoon their way to Cairns. I attended the dedication of a new chapel in Honourable members interjected. my electorate, the Chapel of the Good Shepherd. This of itself is an important event. Mr SPEAKER: Order! However, what made this chapel dedication Ms BOYLE: I ask the member for even more important was the fact that it is part Leichhardt to take proper action and represent of the new Redland Hospital. the people of Mulgrave and Cairns who are in On 18 February, the new $47m hospital his electorate. was officially opened by the Deputy Premier, Honourable members interjected. , and the Minister for Health, Wendy Edmond. A chapel was constructed as an Mr SPEAKER: Order! When honourable integral part of the hospital development. The members are making their two-minute opening prayer at the dedication was delivered statements they are entitled to be heard. We by the Catholic Archbishop of Brisbane, the do not need the cross conversation from either Most Reverend John Bathersby and Reverend side of the Chamber. It is a courtesy to David Pitman, Moderator of the Uniting honourable members to allow their speeches Church, Queensland Synod, gave a blessing to be heard. for the new chapel. This blessing was followed 9 Jun 1999 Private Members' Statements 2281 by a reading from Isaiah by Reverend Greg on the lower Burnett within five years, Peckman of the Cleveland Baptist Church. The matching the coalition's pledge. It took only a Most Reverend , Anglican few months for political amnesia to set in. First, Archbishop of Brisbane, followed with a the Minister for Natural Resources ducked and reading from the gospel and a sermon. The weaved questions, and then he admitted that building, altar and communion vessels and another dam on the Burnett is only one of linen were then blessed by Archbishop many options under investigation. Last week, Bathersby, Moderator Pitman and Archbishop Mr Welford dropped the bombshell that it Hollingworth. could take another two years before the dam The chapel was constructed as an integral site was even chosen. That comes on top of part of the hospital development because the 18 months of studies and a preliminary impact Bayside District Health Service acknowledges assessment undertaken already when the that spirituality plays an important part in the coalition was in power. healing process and there are times in If this Government thinks that it takes everybody's life when prayer, being alone with three years to decide on the location of a dam, one's thoughts, meditating or reflecting on a which they have promised, how long will it take sad or a happy incident in a quiet place is them to conduct a full and comprehensive IAS important. The Chapel of the Good Shepherd and then to actually build the dam? It is quite is an important part of the Redland Hospital, obvious to the people of the electorate that Mr but it is also a part of the wider Redland Beattie's Government never had any intention community. The dedication on Saturday was of keeping his promise. attended by most of the local clergy and many The cavalier treatment of this priority one community representatives. dam project also sends shock waves along the The altar was originally donated to the line to the many other vital water projects Maleny Catholic Church in loving memory of scheduled in Queensland. This Labor Olive Mary Williams and was presented to the Government intends to kowtow to the chapel by her children, Paul and Susan, her environmental extremists while the water mother, Catherine Rees, and her brothers, supply and employment situation in regional Garry, Lance and Noel. The credence table Queensland, and in the Burnett region in comes from Our Lady Star of the Sea Catholic particular, is dire. During the normal to low Church in Cleveland. The altar linen was rainfall periods, there is a very real threat of donated by Father Brown, the parish priest salt water intrusion into Bundaberg's town from Our Lady Star of the Sea and Moreton water supplies and that existing industries and Bay Nursing Care Unit residents and the altar agricultural output will be cut back. candlesticks were donated by St Paul's The five-year time frame pledged by both Anglican Church in Cleveland. the Borbidge and Beattie Governments and I congratulate Noreen Owens, the senior supported by independent research is both chaplain, and Kate Saunders, the chaplain, feasible and achievable. and all staff of the Redland Hospital. The Time expired. dedication of the chapel was an occasion that will long be remembered in the Redlands. Family Friendly Workplaces Ms STRUTHERS (Archerfield—ALP) Burnett Water Storage (10.23 a.m.): There has been a lot of talk Mr SLACK (Burnett—NPA) (10.21 a.m.): about the need for our workplaces and social This Premier and his team of spin doctors institutions to be more family friendly. However, have tried very hard to convince this not much is changing to get a better balance Parliament and any member of the media between work and family. In fact, there is willing to listen what an honourable, nice guy growing economic pressure on families to earn he is. But is he? In my books, a nice guy dual incomes. keeps his word and an honourable nice guy Last week, the National Centre for Social certainly would not stand in front of a gathering and Economic Modelling made the disturbing of regional voters and media and make a prediction that the single-income family could cynical promise that his Government had no be wiped off the map within 15 years. Many intention of keeping. families in my area, particularly in suburbs such It is now 12 months since the then as Calamvale, Forest Lake and Algester, are Opposition Leader, , stood in the dual income families. For some, this is a marginal electorate of Bundaberg and choice; for others, they say that there is no promised to build the long-awaited major dam choice but for both partners to work long 2282 Private Members' Statements 9 Jun 1999 hours. There is plenty of evidence to show that House of an insidious plague that was social problems, such as family breakdown, sweeping through our regions. It was the poor health and substance abuse, thrive in plague that continues to reach epidemic environments where there is all work and no proportions and affects all primary school play—where there is little time for family children. Of course, I refer to head lice. members to spend quality time with each other. In attempting to eradicate this unacceptable blight on our schools and I am pleased that Minister families, traditionally we have been met with all has been having a good look at family friendly the reasons why nothing can be done: health strategies relating to working hours, pay equity problems from treatment, cost, abrogation of and parental and carer's leave. I would like to parental responsibility and so on. The fact that see us step this up a gear to develop a head lice infestation has long been recognised comprehensive Government strategy to better as a health issue in schools with enormous balance work and family needs. Given the late community costs both emotionally and nights that we are having this week, I am sure economically means that it is time that we as a that members would agree that a good place Government did something positive towards for us to start is to set an example by making prevention. It is time that we had the the Parliament a much more family friendly commitment and desire to respond in a work environment. supportive way. My electorate comprises a number of Environmental Protection Agency large primary schools. I have regular meetings Hon. V. P. LESTER (Keppel—NPA) with staff and P & Cs in discussing ways in (10.25 a.m.): I am calling upon Minister which we can be proactive in overcoming this Welford to explain, apologise and say sorry for huge and ugly problem. I believe that the the despicable action of officers from his schools in my electorate have led the way in department's Environmental Protection taking a stand to address the problem. I have Agency, who descended upon a tourist bus been part of the process and am very familiar with 20 elderly people on board at Black with all of the issues. I am proud to be part of Mountain near Cooktown. The guide was led a growing team of parents and teachers who away to the ranger's vehicle for intensive are determined to overcome the head lice questioning about the need for a permit. The problem. guide had to walk away from the questioning to assist elderly people who were left in the hot The research carried out by Associate sun and were starting to panic. Professor Rick Speare of the JCU is not only critical in studying the efficacy of head lice Attempts were made the next day to treatments but also his commitment to question the guide and he refused, pending assisting schools in their campaign has put the presence of a . Then came a letter Townsville well and truly on the map in tackling about fees: $200 initial fees and $160 per this serious social problem. The parents and annum. Now it has been revealed that the parking area where the questioning took place teachers in Townsville of whom I speak have was indeed a road and camping reserve under gone past the emotive phase where stigma the trusteeship of the Cook Shire. No permit and marginalisation have their roots. They was required. have taken up the gauntlet in a professional and organised manner, meeting with me on a I call upon the Minister to apologise and regular basis and urging the Education and say sorry. So far, the Minister has not done so. Health Departments to pursue avenues of It is not a thing to smile about. For goodness' eradication in a cohesive and committed sake, one of those people could have died. manner. What sort of image is the Minister trying to create? Is he going to let his officers become a This Government is an inclusive bunch of environmental thugs? Frankly, the Government where the processes in decision Minister should be ashamed of himself. I making include the general population. We suggest to the Minister that he get some have enormous success in community forums compassion into his being. and public opinion is highly regarded. I urge all of us as community leaders to take seriously this public health and education issue and find Head Lice ways to eradicate the problem as soon as Ms NELSON-CARR (Mundingburra—ALP) possible. A day of action must be on the (10.26 a.m.): Some months ago I told this agenda. 9 Jun 1999 Questions Without Notice 2283

Combined Churches Kosovo Appeal Parliament. Let the record show it. It is their Mrs SHELDON (Caloundra—LP) question time and I am happy to try to answer (10.28 a.m. I know that we are all deeply the question. However, if they want to attempt concerned about the plight of the Kosovo to disrupt the Parliament, let the record show refugees, particularly as it relates to it. defenceless children. In view of the fact that it The bottom line is simply this: we are would appear that the State of Queensland handling the TAB issue in the way that it would not have to face the expense of should be handled. This is about job security housing refugees, which I know we were and protecting jobs. I am quite happy to stand prepared to do, I ask the Premier if he will here and say, yes, we have made appropriate commit the State to contribute on a dollar-for- appointments and we will continue to do so. dollar basis the same amount as that raised by We have embarked on a course whereby this the Combined Churches Kosovo Appeal of the matter will go to the ALP conference on Sunshine Coast, which has so far raised in Saturday. In November I indicated that at the excess of $30,000. So far, churches have conference held in Maryborough. I am happy given generous donations. to share a little secret with the Leader of the Such a contribution on compassionate Opposition, because I know that I can trust grounds would encourage even more to be him on this matter. This is one of the given by the local community. The moneys are occasions when I can trust him. being channelled through AusAID to registered Mr Borbidge: It is just between the two of aid organisation, International Needs, which us. has guaranteed that 95c in every dollar will Mr BEATTIE: It is just between the two of reach those in need. I ask the Premier to us. I will be moving the motion. I thought that I contribute. would share that with the Leader of the Mr SPEAKER: The time for private Opposition. The motion will be seconded by members' statements has expired. the Honourable Minister for Tourism, Sport and Racing. On Saturday other key speakers will be the Deputy Premier and, of course, the QUESTIONS WITHOUT NOTICE Treasurer. I know that the Leader of the TAB Privatisation Opposition does not have such a line-up on his side, but with a line-up like that and the Mr BORBIDGE (10.30 a.m.): I ask the substantive argument, I am confident that the Premier: why has he appointed ABN AMRO to commonsense of the conference will prevail. advise him on the privatisation of the TAB, pre- empting the decision of his own State Mr Hegarty: How are your modesty conference? lessons progressing? Mr BEATTIE: After 12 months the Leader Mr BEATTIE: Another rude member who of the Opposition would understand that there wants to interject. It is the member for is a key difference between my administration Redlands on this occasion. Let the record and his. We are a professional organisation. show that the member wants to disrupt This Government does things properly. We do Parliament. not run a cowboy outfit that makes decisions This is about jobs and the future of an on the run. I am told that a number of the industry. This Government wants the TAB in Cabinet meetings of the members opposite this State to be competitive with those of New ran into difficulties because they could not South Wales and Victoria. I for one am not even get submissions. We do not have that prepared to stand by and see Melbourne trouble. Every day we have a solid working offering prize money in the $40,000s, Cabinet, as members saw yesterday with the offering prize money in the high $30,000s and number of Bills that we introduced. They all the Queensland racing industry offering prize went through Cabinet on Monday. money in the $20,000s. We will give the I know that the Leader of the Opposition Queensland TAB a future. has difficulty understanding all of this, but in terms of the TAB, we have set out a very TAB Privatisation careful strategy that will provide people in the racing industry with a future. Mr BORBIDGE: I refer the Premier to opposition to the privatisation of the TAB by Opposition members interjected. his Minister for Transport, and I ask: will the Mr BEATTIE: I am happy to wait as Premier demand that the principle of Cabinet members opposite display their usual solidarity be extended to faction leaders on the discourtesy in an attempt to disrupt floor of the ALP conference or will he follow Mr 2284 Questions Without Notice 9 Jun 1999

Ludwig's lead and allow a conscience vote on as 20% because of its inability to compete this issue? with NSW and VIC TABs, translating into Mr BEATTIE: The bottom line is that, as I the loss of approximately 5,000 jobs. was saying before, my Government, the Conference accepts that this is not a Cabinet and the caucus are united on this situation which can be tolerated by a issue, and we are united because this is good Labor Government committed to job for Queensland. We are going to give the security and job creation as its top priority. Queensland TAB the capacity to compete with Conference calls on the State Labor and Victoria and, given the Government to do all that it can long-term opportunities in the great racing responsibly do to protect the jobs of the industry in this State, the TAB will have an 6,000 directly employed racing industry opportunity to become the leader in the workers and the 17,000 other workers Australian betting industry. whose jobs are dependent on a strong The bottom line is this: the Government and viable industry and to ensure that the does not share in the profits of the TAB. In industry has the opportunity to prosper fact, those profits go back to the racing and grow." industry as part of prize money. This is about the issue of a betting licence. I am not I stand by what I believe in. prepared to put one cent of taxpayers' money that should be going into schools, hospitals, Unemployment police, and law and order into a betting institution. The private sector has indicated a Mr SULLIVAN: I refer the Premier to the willingness to do that and, under those criticism from the Opposition that the Premier's circumstances, let it be given the opportunity target of reducing unemployment to 5% within to do so. five years of forming Government is not achievable and should be abandoned. I ask Let there be no doubt in anybody's mind the Premier to tell the House whether he has that I will be arguing for this matter because I felt it necessary to change his target in any believe in it. I will be arguing for this matter way? because it is good for Queensland. I will be arguing for this matter because I want Mr BEATTIE: I am delighted to say that Queensland to lead this nation in every my Government has a direction, it has a vision industry possible, and that includes the TAB and it has a future. I was pleased to see in the and betting. Racing is the fourth biggest Courier-Mail this morning an article headed, industry in this State. It is a great industry. It "Jobless rate tipped at 5pc as economy involves many people who have put a lifetime booms", which acknowledges the forecasts of of passion into what they believe is an industry Access Economics. Access Economics is a of the future. A lot of people derive their recognised economic forecaster, much quoted income from the industry. It will have the most as a reliable source by the current Leader of viable future if it is taken down the road of the Opposition when he was Premier. He used privatisation. I am not a privatiser, but I believe to trumpet in here and elsewhere the findings that it is in the public interest to follow this of Access Economics. I have to tell him that I course. I will be arguing for it at the conference totally agree with his judgment on Access and I will not move away from that Economics, because Access Economics has responsibility. looked at the various forecasts and it says that While I have been sharing secrets, I am the 5% target is achievable. happy to share another secret with the Leader Dr Watson: The Government that you like of the Opposition. See how warm and cuddly to knock—they're delivering. we are, Rob? We are really nice people. In the Mr BEATTIE: Here we go: negative end, even the Leader of the Opposition will get whingeing in an attempt to disrupt the to like us. The motion that I will be moving and parliamentary process again. The honourable that the Honourable Minister will be seconding member will learn manners one day. One of states— the things in that article that I thought sums up "... the Queensland Labor Government the difference between my Government—— will restructure the ownership of the TABQ in order to protect and create jobs in the Mr Borbidge interjected. racing industry. Mr BEATTIE: Here we go: the Leader of Conference acknowledges that left in the Opposition is attempting to disrupt its current form, the TABQ return to the Parliament again. He is at it again. racing industry would reduce by as much Mr Borbidge interjected. 9 Jun 1999 Questions Without Notice 2285

Mr BEATTIE: Here we go: the Leader of However, let me be equally clear: the sale the Opposition is disrupting Parliament again. of the TAB is in the interests of this State. The He is still at it and he will keep at it, but it is sale of the TAB will secure jobs and retain their question time. important State Government funds in schools, hospitals, police and job creation schemes. One of the great things about this article Importantly, that is why on Saturday I will be is the cartoon, which sums up the differences arguing forcefully for the sale of the TAB. That between my Government and that of the is behind this strategy. As I said, I also want to Leader of the Opposition. In it I say, "See? A see a competitive TAB. five per cent jobs target is actually achievable!" What does the Leader of the Opposition say? Bearing in mind that I believe the He says, "Yeah? And so is no target." That education of the Leader of the Opposition and sums up the Opposition. They have no target the Opposition spokesman, the honourable for Queenslanders, they have no vision and member for Toowoomba North, should they have no direction. The only thing going continue, I invite them to attend the Labor on over there is a leadership challenge, but Party conference on Saturday. They will be they cannot work out who wants to be the treated with the same courtesy and respect leader. Like most Queenslanders, we do not that would be accorded any other human particularly care who will be the Leader of the being. I urge them to attend, because I Opposition. We care about Queenslanders believe that education is a lifetime experience. and jobs. It is absolutely essential. The vision that we set back at the end of Mr Borbidge interjected. 1997 when we were in Opposition was part of Mr BEATTIE: Here he goes. He cannot our vision for the future—to give Government contain himself for two seconds. He has no drive. That is why we have what? The lowest discipline. When is something going to be level of unemployment in almost 10 years! It done about the Leader of the Opposition? has dropped 1.1% since we have been in As I said, education is a lifetime office. What did the last Budget of the Leader experience. It is important that we give of the Opposition predict? Unemployment was honourable members opposite the opportunity going to go up! We have created 39,900 jobs to better themselves. The invitation is there. and we will keep Queensland going in this The Leader of the Opposition has never been positive direction. invited to a Labor Party conference in the past. Because we are such a warm, fuzzy and cuddly Government, we would love him to be TAB Privatisation with us. Mr HEALY: I ask the Premier: given his responses to earlier questions on TAB State of Origin privatisation, in the interests of the racing industry and jobs will he overrule any vote Mr PURCELL: I draw the attention of the against the privatisation of the TAB at Labor's Premier to a very serious matter. Tonight the State conference this weekend—yes or no? Queensland State of Origin team will compete about 1,000 kilometres away from home in the Mr BEATTIE: For the first time in the past face of thousands of New South Wales 12 months that members opposite have been supporters. I ask: has the Premier been able in Opposition I see some hope for them. To to provide any support for the team? where are members opposite looking for Mr BEATTIE: I share the concern of the inspiration? To a Labor Party conference! member for Bulimba that the State of Origin There is hope yet. Hope springs eternal. team has to go into hostile territory. Not only I say to the Opposition: stay tuned, am I wearing a wool suit today; I am also because the debate at the Labor Party wearing my State of Origin tie in solidarity with conference will be a sensible and constructive our team that will be doing battle tonight. one. People in our party are entitled to have a On Sunday, being Queensland Day, I different point of view. I am not someone who went to Lang Park—Suncorp Stadium—and jumps down someone's throat because they presented to Kevie Walters a Queensland flag. disagree with me. I will put my point of view I did that because he will have it in the and argue my case, but people in our party dressing room tonight to help inspire the team are allowed to have a different point of view. I to overcome the odds in Sydney. I am respect that, because that is one of the delighted that he will be taking that flag. On strengths of our democracy and the Labor Sunday, after we have won the State of Origin Party. I have no difficulty with that. series, I have invited Kevie Walters to be on 2286 Questions Without Notice 9 Jun 1999 the Sydney Harbour Bridge with me, when we used to obtain new capital assets for the will raise the biggest flag that has ever been people of Queensland. Unlike the coalition, we seen in Sydney. As I have said publicly, we have a policy which states quite clearly that, if have seamstresses working on it now. The flag capital assets are to be disposed of, or—I will will be huge; it will be able to be seen from put it in terms that honourable members Auckland in New Zealand! opposite might understand—if you are going This morning I took part in a number of to sell the family silver, use the proceeds to Sydney radio programs. I told one mob called buy new silver for the family. Maybe in this Wendy, Peter and Paul, who were supporting case we might just go for gold and obtain new the Blues, "We'll have to change your name to and better assets for the people of Peter, Paul and Mary and you'll have to sing Queensland. That is in contrast to the former one of their songs when you lose this battle." coalition Government, which we might recall They are so Blue-eyed down there they cannot obtained some $850m out of the power even recognise a good team when they see industry in Queensland and used about half of one. it to prop up the recurrent budget. That takes the cake in terms of fiscal irresponsibility, It seems that my good mate has because there cannot be anything more left the country because he is terrified of the irresponsible than a Government that takes result tonight. He had some disparaging things capital assets and turns them into recurrent to say about our last State of Origin win. He expenditure. That is the difference between was a bit half-smart about Queensland being the likes of the Leader of the Liberal Party and perfect one day—honourable members know this Government. the theme. Let me say this: Queensland— perfect one day, humble winners the next. We Dr WATSON: I rise to a point of order. will win tonight, Bob. There is a great slogan The Treasurer is deliberately misleading the that goes something like this—honourable House. The coalition's Budget showed quite members may have heard it: Queenslander, clearly that all that money was to go into a Queenslander, Queenslander. I have three special infrastructure development fund. things to say to Bob: Queenslander, Mr SPEAKER: Order! There is no point of Queenslander, Queenslander. I will see him on order. the Sydney Harbour Bridge. Jobs TAB Privatisation Mr MICKEL: I ask the Deputy Premier Dr WATSON: I remind the Treasurer of his and Minister for State Development and often announced charter of social and fiscal Trade: can he outline any Government responsibility, and I ask: given that he was initiatives to retain jobs in Queensland that are relying on the money from the sale of the TAB under threat? to help fund his election promises, will he Mr ELDER: While we in this Government confirm that Treasury is right now looking at have focused heavily on creating jobs, one of ways to cut Government programs in the briefs of my department is to save jobs expectation that the TAB sale will be blocked that are under threat. Honourable members at his conference? Which programs are up for the chop? would be aware that the Austral plant at Geebung was closed last year, throwing a lot Mr HAMILL: I am delighted that the of experienced workers out of a job. I know Leader of the Liberal Party has chosen today that the member for Nudgee, Mr Roberts, was of all days to ask me a question for a change. aware of it at the time. He spoke to me about I assure the Leader of the Liberal Party that looking at alternatives. He was right, of course. the sale of the TAB was not and has not been We needed to look at alternatives. Instead of factored into the Budget nor the Forward accepting the situation, we tried to save that Estimates. enterprise and save those jobs. Mr Elder interjected. I am therefore delighted to inform the Mr HAMILL: That is right. That is quite House that last week the New Zealand based distinct from the Budget proposed by the group Mills-Tui declared its commitment to coalition when it was last in office. However, it open its first Australian specialty vehicle is also worth saying that, when the conference manufacturing plant in Brisbane. The attraction endorses the Government's view that the TAB of Mills-Tui, which is a supplier of specialised should be privatised in the interests of vehicles, including fire appliances and airport Queensland's racing industry, any capital rescue fire-fighting vehicles, is important, and which is obtained by the Government will be important for a number of reasons. Firstly, 9 Jun 1999 Questions Without Notice 2287

Mills-Tui is to use the Brisbane plant at election, including the promises given in writing Brendale to further push its expansion in the to the member for Nicklin? Is it correct that Australian market, particularly in the south- renewal notices for July are already three western Pacific market. The decision to locate weeks overdue, thereby reducing the notice in Queensland was deemed a better option that taxpayers usually get by more than half, than doubling its New Zealand operations. thus causing financial hardship to those who What it will mean, though, is 70 workers can least afford it? employed in the new operation at Brendale—a Mr BREDHAUER: The short answer to the number of whom had lost their jobs with the question is: no. The commitment that we gave financial collapse of the Austral group. We to the member for Nicklin and others was that offered a support package in relation to Mills- we would not increase fees or charges by Tui. The major reason it chose Queensland more than the CPI. As the Minister for was our low levels of State taxes, our highly Transport, I can assure the former Minister for skilled work force, our low business cost Transport—who I would have thought would environment and our world-class infrastructure. have known these things—that fees and Further, Queensland offered Mills-Tui a greater charges which are administered by my opportunity to pursue opportunities not only in department are increased annually in the fire-fighting area, but also in the mining accordance with the CPI, except on rare industry. occasions, such as when it is in proximity to a My Cabinet colleague the Minister for State election and his lot are on the Treasury Emergency Services, , told me that benches. Instead of putting up the fees and Mills-Tui's decision will enable the Queensland charges as they should have, the members Fire and Rescue Authority to resume its opposite deferred it past 1 July because the replacement program. In fact, as I understand former Minister for Transport did not have the it, the Minister's department has placed a courage. He was rolled by the member for $1.5m order with Mills-Tui for some 14 Caloundra, who was the Treasurer under his vehicles. That will be of significant assistance. Government. These vehicles are expected to be built in the Mr JOHNSON: I rise to a point of order. next year. I expect that on completion of that We inherited that increase in compulsory third- order future orders will follow. party insurance when we came to What is clear, though, is this: when Government, and the Minister knows it. companies get into trouble and jobs are at risk, Mr SPEAKER: Order! There is no point of we do not just sit back and accept the order. situation. Our role is to intervene. I said we would intervene in the market where we Mr BREDHAUER: It is an interesting point, needed to intervene in the market, not only in because I would have thought that the former driving the jobs agenda and attracting jobs Minister for Transport and Main Roads would and growing jobs in this State but also in have known that he was not the Minister saving jobs in this State. responsible for third-party insurance. In fact, his former—— Mr Borbidge interjected. Mr JOHNSON: I rise to a point of order. Mr ELDER: The fact that I heard an The Minister knows full well that it is a part of interjection from the Leader of the Opposition the registration dues, and the Treasurer knows again just shows that he has no interest in jobs that as a former Transport Minister. in Queensland and no interest in saving jobs in Queensland. In relation to this Government, I Mr SPEAKER: Order! This is not a have to say that it is quite the contrary. That is debate. There is no point of order. not the case with this Government; we will Mr BREDHAUER: It is well known in this continue to intervene where necessary. place that the former Treasurer, the member for Caloundra, and the former Transport Minister, the member for Gregory, were like Motor Vehicle Registration Fees Tweedledee and Tweedledum in the coalition Mr JOHNSON: I ask the Minister for Cabinet. Transport and Main Roads: will he confirm that Mr Hamill: Which one was "dum"? he has advised Queensland Transport not to issue motor vehicle registration notices for July Mr BREDHAUER: I will leave it to until he announces revised registration honourable members to make up their own charges? Does this mean that vehicle minds on that, but we know that they went registration charges are to be increased, hand in hand through all of those issues, such contrary to promises given prior to the last as the Pacific Motorway rescope and the 2288 Questions Without Notice 9 Jun 1999

$120m. We know that they went hand in Mr BEANLAND: I rise to a point of order. hand. This is a Bill before the Parliament. Mr BORBIDGE: I rise to a point of order. Mr SPEAKER: Order! The Treasurer has The question related to why the registration not mentioned the Bill. There is no point of fees are three weeks late and what increases order. are going to hit motorists. That was the Mr HAMILL: I know that the Opposition's question. discredited former Attorney-General would not Mr SPEAKER: Order! There is no point of want to hear the results of the QCCI survey, order. The member will resume his seat. but I am going to inform the rest of the House, who may well be interested. Mr BREDHAUER: Members opposite get to ask the questions; I get to give the answers. The survey sample indicated that there We know that they went hand in hand over the was a widespread expectation that Sunshine Motorway and the decision by the employment in Queensland would, in fact, former Treasurer and member for Caloundra to increase. In fact, the expectation was for a abolish the tolls on the Sunshine Motorway. 2.7% increase in employment this year. This is But I would have thought that the member for the same group that has been highlighted as Gregory would know that he was not the being so negative. In fact, there was a general Minister responsible for third-party insurance. expectation of employment further increasing. What is very exciting is that the expectation As usually happens, there is an annual was across-the-board—in full-time jobs, in part- increase in the fees and charges administered time jobs and in casual employment. I say that by my department in accordance with the CPI, this is very encouraging because it comes on and that is a matter which is being considered top of the fact that, over the past 10 months, by Executive Council. almost 40,000 additional jobs have been generated in Queensland. Of those 40,000 additional jobs, 85% have actually been full- QCCI Survey time jobs. That is very encouraging indeed. Mrs ATTWOOD: I draw the attention of The QCCI survey, or at least the part that we the Treasurer to a recently published survey of did not hear about, further reinforces our view members of the QCCI as to their employment that this Government is on track. We are on intentions, and I ask: what are the indications track in terms of job creation; we are on track for continued jobs growth in Queensland? in terms of reducing unemployment. Mr HAMILL: I can see where the Mr GRICE: Mr Speaker, I rise to a point of Opposition obtains its inspiration in its order. I draw the attention of the House to the endeavours day by day to try to talk down presence in the gallery of students from St Queensland's economic performance. I heard Mary's of Warwick. with great interest commentary from the QCCI Mr SPEAKER: Order! That is hardly a in the context of the soon to be debated point of order. industrial relations legislation. The QCCI did a bit of a survey. It was a very wide-ranging survey—an extensive sample! I think it Winter Whiting Bycatch involved 400 businesses, in fact, across the Mr COOPER: I refer the Minister for length and breadth of Queensland. A Primary Industries to his introduction of spokesperson from the QCCI went out and Fisheries Amendment Regulation (No. 3) said that 37% of businesses might or could which, among other things, legitimises the shed jobs because of the IR legislation. taking of bycatch such as winter whiting by It is interesting to have a look at the prawn and scallop trawlers. Given the concerns survey itself, because it actually shows that of recreational fishermen that this may almost 60% of businesses in this very selective diminish winter whiting stocks and given that survey that was conducted seem to think that this regulation has now been implemented, will the IR legislation would have no impact upon the Minister, on the introduction of the trawl them whatsoever. So we have an example management plan later this year, commit to here of focusing in on a minority who believe the introduction of a total allowable catch and that there might be an impact. What was most all other necessary measures to ensure the interesting in the survey—and this is the part sustainability of winter whiting stocks? which ought to have been given extensive Mr PALASZCZUK: My understanding is coverage, but was not highlighted—was the that this regulation is subject to disallowance, fact that those same employers, the magic which was moved by the One Nation party 400—— yesterday, and I do not know whether I can 9 Jun 1999 Questions Without Notice 2289 comment on that. However, I can comment on movie, which is already expected to break box the east coast trawl management plan. For the office records. When I received the exciting information of the honourable member and news that the ad would be shown with the new other honourable members in this House who Star Wars movie, I could not help but make a have expressed some concern in relation to comparison. As I looked over at the Opposition the regulation, the QFMA at present is having I understood that it was no coincidence that a good look at the draft east coast trawl the new movie is called the Phantom Menace. management plan with the idea of trying to How very appropriate! I could see the Leader overcome some of the issues that have been of the Opposition in the role of the villain in raised by recreational fishers throughout that movie, Darth Maul. But in this case it Queensland. would be Darth Can't Maul, of course. I saw the Premier in the role of the hero, Obi-Wan Kenobi—still able to slay the phantom menace Where Else But Queensland Advertising and the evil Leader of the Opposition. The one Campaign thing those on the other side of the House still Ms BOYLE: Can the Minister for Tourism, have not caught on to is simply this: the force Sport and Racing inform the House whether is with us. Queensland's new Where Else but Queensland domestic advertising campaign has proved successful in attracting more Mr N. Lawson; Ms T. Jackson interstate tourists to the Sunshine State? Mr DAVIDSON: I refer the Minister for Fair Mr GIBBS: I thank the honourable Trading to the politically motivated vendetta member for the question. It is certainly exciting being waged against senior public servants, news for the people of Queensland that, since namely Mr Neil Lawson and Ms Tracey we launched the advertisements in Sydney Jackson, who dared to question the payment and Melbourne in February this year, Sunlover of the Kelly claim—a vendetta which has seen Holidays, which is Tourism Queensland's Mr Lawson removed from the position of wholesale division, has reported that the Commissioner of Fair Trading and now the Where Else but Queensland campaign has demise of Ms Jackson as the head of the dramatically lifted sales for Queensland investigation division—and I ask: given that all holidays in the traditionally slow period of April. these public servants dared to do was to stand The report shows that sales for the month of between the Minister, her Labor mate and a April have increased by more than $1m this pot of gold and they are now paying the price year as compared with last year—an increase for such action, who is next on the Minister's of almost 11%. For the financial year to date, hit list? Sunlover Holiday sales are 8% above budget. The Where Else but Queensland campaign Ms SPENCE: I am very happy to answer has played a significant role in this the question with regard to Mr Lawson, the achievement. Commissioner of Fair Trading, as has already been raised in the media. I inform the House The campaign has proved to be so that the Commissioner of Fair Trading, Mr successful that we are in fact about to extend Lawson, is now undertaking a 12-month it to other southern States. For the first time project on consumer fraud as a part of the the advertisement will now also be screened in Government's task force on crime prevention. Canberra, Adelaide and Tasmania to coincide In the meantime, his position is being with the upcoming school holidays and the temporarily filled by the Deputy Commissioner onset of winter. The campaign will also be of Consumer Affairs, Ms Ulla Zeller. This is an splashed over a Melbourne City supertram to important project, as the Government's task remind Jeff Kennett and Victorians where they force on crime prevention is a very important should be spending winter this year. It will also project and part of this Government's feature on billboards in strategic high impact determination to ensure that agencies work sites in Sydney and Melbourne—catching closely together to address the complex traffic between the Sydney Harbour Bridge and dimensions of crime. Any suggestion by the the city and between the airport and the city. It Opposition that Mr Lawson's decision was would be wonderful to see those billboards politically motivated is wrong. there at the same time the Queensland flag flies on top of the Sydney Harbour Bridge. Mr DAVIDSON: Mr Speaker, I rise to a point of order. I also asked the Minister about The news gets even better. In a Tracey Jackson. significant coup for Queensland, the ad will be screened in all Melbourne, Sydney and Mr SPEAKER: Order! There is no point of Brisbane cinemas showing the Star Wars order. 2290 Questions Without Notice 9 Jun 1999

Ms SPENCE: I have two minutes left and got rid of the zonal system, which forced I am still dealing with Mr Lawson. I will get to people to move away from their loved ones, Ms Jackson if I have time. I am happy to table their support services and so on. Basically, we for the benefit of the House the memorandum have got rid of the last plank of Liberal Party Mr Lawson sent around the department on his philosophy when it comes to public housing. departure day, which clearly signals that his What we have not got rid of—it is decision to be seconded to the Premier's impossible to get rid of it; I have no doubt Department was on his own initiative. The about that—is the look-down-your-nose project was undertaken because he has been snobbery I referred to last time I answered a interested in the area of consumer fraud for question on this subject and the assumptions some time. He has just been to the United made by the Liberals. I am pleased to see States for a conference on this issue. It is a now that the National Party endorses the subject which the Queensland Government Liberal philosophy in that regard as well. has failed to address in the past and which needs to be addressed. It is part of our The fact is that there are no assumptions commitment to crime prevention. So any that this side of politics makes about people suggestion that this move is politically who cannot afford their own homes, except motivated is absolutely false. that they are entitled to a standard of living that is equal to that of the rest of the I understand that Ms Tracey Jackson, community. Just a fortnight ago, I was joined who is the head of the investigation by the member for South Brisbane at department of the Office of Fair Trading, has Woolloongabba in her electorate, where we taken some long service leave for a few opened a 40-unit accommodation complex months. That is certainly leave to which she is that stares straight down on private enterprise entitled. beside it. I know which one I would rather live in. Public Housing It is refreshing that members on this side Mr ROBERTS: My question is directed to of the House welcome public housing in their the Minister for Public Works and Housing. I electorates and that they want to be a part of refer to recent statements by the Liberal providing accommodation that is affordable Opposition Leader in the Brisbane City Council and decent and in every way befitting the denigrating public housing tenants, and I ask: standard of the community, and then some. is the Minister aware of such statements that The reality is that the $130m that was given to appear to reflect the State Liberal Leader's Costello out of public housing—— description of public housing as ghettos? Is Time expired. there any validity to such claims? Mr SCHWARTEN: I thank the honourable member for the question and put on record my Sheep Industry appreciation for his continued support for Dr PRENZLER: On this Wear Wool public housing in his electorate. Yes, I am Wednesday, in salute of a great Australian aware of the comments that were made by the industry, I address my question to the Premier Liberal leader in the Brisbane City Council, regarding the Australian sheep industry. After describing public housing as ghettos and watching the rape and pillage of Australian indicating that it is the policy of Labor to industries and Australian jobs under the guise ghetto-ise public housing tenants. Of course, of international and economic rationalism, we that is also completely in line with statements now see the American Government made by the Liberal Leader in this House threatening a massive trade barrier against some time ago, which are referred to in this Australian lamb. Can the Premier advise the publication I have in my hand. House if this action was foreshadowed during I believe it is now time for the Liberal Party his recent jaunt to America and, if so, what to place on record just what its policy is in steps he took to avoid this savage assault on regard to public housing. Since I have been yet another Australian industry? Also, can he Minister I have been able to get rid of the "star advise what action he will be taking to stiffen of David" of the previous Minister in regard to a the resolve of the Federal Government to number of issues, such as the $149,000 cap honour its moral obligation to protect that he placed on the purchase of land and Australian industries and jobs, jobs, jobs? the reference system which forced public Mr BEATTIE: I want to make it absolutely housing tenants to go cap in hand, reference clear that this Government is very supportive of under arm, to public housing offices, whether the wool industry. I think members have seen they could get references or not. I have also a clear indication of that today. We will be 9 Jun 1999 Questions Without Notice 2291 pursuing with the Commonwealth of the Opposition. The fact of the matter is that Government—which I think from time to time at least this member has the courage to argue gets isolated in the chills of Canberra—the for the bush. He gets 10 out of 10. The bottom need to take a more aggressive and line is this—— supportive role towards Australia's primary Mr Borbidge interjected. industries. I believe—and I know that my Ministers share this view—that sections of the Mr SPEAKER: Order! The Leader of the bush have been ignored for too long by the Opposition will cease interjecting. Federal Government, and it is about time that Mr BEATTIE: I will pursue the it realised that country Queensland and Commonwealth Government at every country Australia have, in fact, provided the opportunity for a better go not only for the spirit of who we are as Australians. bush but for this industry. In terms of primary I was talking a little earlier about Waltzing industries—when we were in the United States, Matilda. If members think about the great I took a number of opportunities to pursue things that have made this country—they have issues. For example, members would have been the songs, the ballads and the Australian heard the announcement in relation to character from the last century that have been ConAgra, what we have been doing in relation brought through to this century. Some of the to the beef industry, the upgrading of Dinmore major social crises and wars have helped and what has happened in Townsville. shape that. For example—and there will be Mr SPEAKER: Order! The Premier's time some disagreement about these things—the has expired. 1891 shearers strike was a key point of forging our character, regardless of which side people Mr BEATTIE: That is a shame. If the took. Then came Gallipoli. Leader of the Opposition had not been rude, I would have answered the rest of the question. Mr Borbidge: Did you have any discussions with the USDA when you were in the States? Queensland Day; Queenslander of the Year; Mr BEATTIE: The Leader of the Young Queenslander of the Year Opposition has no manners at all. I have never Mrs LAVARCH: I refer the Premier to the heard such a rude person. week of celebrations surrounding Queensland Mr Borbidge interjected. Day on 6 June and the competition to find the Queenslander of the Year and the Young Mr SPEAKER: Order! The Leader of the Queenslander of the Year. Many members Opposition will cease interjecting. may be unaware of the backgrounds of this Mr BEATTIE: I cannot believe that the year's winners, and I ask the Premier if he will Leader of the Opposition would seek to inform the House of their remarkable undermine an answer about the bush. That contribution to society. says it all. Part of the difficulty is—— Mr BEATTIE: Queensland Day this year Mr BORBIDGE: I rise to a point of order. I had a record number of activities. A large find those remarks offensive. I merely asked number of people turned up for the Picnic in the Premier whether he had any discussions the Park on Sunday. There were a number of on this issue during his recent trip to America. other activities throughout the week which Mr SPEAKER: Order! There is no point of helped celebrate this great day. Queensland order. was 140 years young—or old—on Sunday. Mr BEATTIE: I am endeavouring to give a I am happy to talk about the detailed answer, and all we get consistently Queenslander of the Year and the Young every morning in this place is a rudeness from Queenslander of the Year. Margot Appleyard the Leader of the Opposition that has been is the 1999 Queenslander of the Year. She is unparalleled in this Parliament. Part of the an outstanding Queenslander and an difficulty, frankly, is that the National Party in inspiration to all of us who believe in the value this State and in this country has forgotten of community. For the past 35 years, she has where the bush is. If the Leader of the worked in a paid and voluntary capacity in Opposition actually got off the Gold Coast he community development and welfare in her would know that a lot of people in the bush are local Camp Hill area and the wider community. hurting. At least the member for Lockyer has Ms Appleyard has worked tirelessly for the the decency to ask a question about primary elderly, families, women, children and youth. In industries. The Leader of the Opposition has particular, she has been devoted to those with never asked me one question about primary learning and behavioural difficulties, intellectual industries in the time that he has been Leader and physical disabilities, the long-term 2292 Questions Without Notice 9 Jun 1999 unemployed, the homeless and those caught Islander people who have been fighting for a in the justice system. Her constant efforts to long time for wage justice that they duly improve the lot of the less fortunate in our deserved. society are to be applauded. She is currently Mr Johnson interjected. involved in community consultation processes, like the Government's Breaking the Mr Cooper interjected. Unemployment Cycle regional community Mr SPEAKER: Order! The member for conference series and the community services Gregory and the member for Crows Nest! youth suicide prevention, crime prevention and Ms SPENCE: It has been proven in the child protection reform strategies. Without the courts that on the basis of race the selfless devotion of an army of unsung heroes Queensland Government failed to pay people just like Ms Appleyard, no Government would for 12 years. be able to look after its needy citizens. We rely on their goodwill, their expertise and their Mrs SHELDON: I rise to a point of order. I devotion to the less fortunate. My Government find that inference offensive and insulting. A lot recognises the extent of their efforts. of these women would be Aboriginal and Torres Strait Islander women. Last Saturday, I also had the pleasure of announcing that Petros Khalesirad is the 1999 Mr SPEAKER: Order! There is no point of Young Queenslander of the Year. This order. Rockhampton teenager is just 17, but he has Mrs SHELDON: I ask that the comment already built a successful business in the be withdrawn. I did in no way differentiate information technology industry—Ultimate between women of whatever race. InfoTech Services. Petros, who came to Mr SPEAKER: Order! There is no point of Australia from Iran at a young age, began order. building his business as a high school student with contracts from high-profile clients like Ms SPENCE: I cannot understand what UNISYS, the Department of Transport and the honourable member finds offensive, Main Roads and Capricorn Electricity. This is a because I have not as yet differentiated lad after my own heart. He recognises, as my between women in my statement. The way Government does, that the future is in new that members of the Opposition continually generation industries, and he, like us, is going interject after asking Ministers questions in this for it. I congratulate both Margot Appleyard Chamber is very annoying. and Petros Khalesirad on their awards. Petros Mrs SHELDON: I rise to a point of order. I was, as I understand it, a graduate of the ask for the comment to be withdrawn. I found Rockhampton High School. it offensive and objectionable. Mr Schwarten: As indeed am I. Mr SPEAKER: Order! Whatever the Mr BEATTIE: They got better as time comment was, will the Minister just withdraw it? went on. One of the things I was impressed Ms SPENCE: I am happy to withdraw with was that he took the opportunity to hand whatever the comment was that the member out his card to everyone who met him. He had found offensive. that entrepreneurial spirit—a spirit, I have to Mr Mackenroth: The one you didn't say. say, from which the Leader of the Opposition and his friends on that side of the House could Ms SPENCE: Yes, the one I did not say. I learn a lot. think what the Opposition, through the member for Caloundra, is trying to do in asking this question this morning is basically to Compensation for Underpaid Women trivialise and set people against the Cabinet Mrs SHELDON: I ask the Minister for decision—— Aboriginal and Torres Strait Islander Policy and Mrs SHELDON: I rise to a point of order. I Minister for Women's Policy and Minister for find that offensive and I ask that it be Fair Trading: will she guarantee that every withdrawn. In no way am I trying to trivialise the woman underpaid since 1975 while in the position of women in this State—women who employ of any Government department, have been underpaid since 1975. I would not statutory authority or institution or any other think the Minister would, either. Government-funded organisation or Ms SPENCE: I find these interjections organisation for which it had responsibility will ridiculous and I find them offensive. be compensated for wages lost? Mrs SHELDON: I rise to a point of order. I Ms SPENCE: I think this question is did ask for that comment to be withdrawn. I offensive to Aboriginal and Torres Strait again ask for it to be withdrawn. 9 Jun 1999 Questions Without Notice 2293

Mr SPEAKER: Order! Resume your seat. reduced to 15 hours per week by 1997 when The member has asked for the comment to be the previous Minister slashed it to nine hours a withdrawn. week as part of the phasing out process. Ms SPENCE: I am happy to withdraw any Where were the wails and howls from the part- comment in my answer that the member for time member for Burnett at that time? Caloundra finds offensive. I believe that what The decision to complete this phasing out the Opposition is attempting to do in this was made in October 1998 by the local health question is trivialise the very important decision executive in conjunction and agreement with that Cabinet made last week in relation to the district health council, the members of 3,500 Aboriginal and Torres Strait Islander which were all appointed by the previous people who were underpaid wages on the Minister. That was done in the knowledge that basis of race. Cabinet decided to pay these a private doctor clinic that bulk bills low income people their correct wages for 12 years. I can families has now opened across the road. understand the sensitivity of those opposite because it was their Government that GP services are the province of the knowingly underpaid wages to these people Commonwealth Government. They are paid for 12 years. The coalition received advice to for by Medicare and the Division of GPs is that effect on numerous occasions but funded by the Commonwealth Government. continued to—— provides GP services in remote areas where there is no other access Mrs SHELDON: I rise to a point of order. to medical services. For that, we miss out on The relevance of this answer to the question substantial funding from the Commonwealth. is—— Once and for all, I want to make it clear Mr SPEAKER: Order! There is no point of that what is being phased out is not, as order. suggested and paraded by members Mrs SHELDON: Yes, there is. The opposite, the outpatients facility as people question I asked was about all women, which know it. It is simply a part-time, private doctor would include Aboriginal and Torres Strait general practice clinic situated at the Islander women. outpatients department. Mr SPEAKER: Order! The member for The petition that was tabled today by the Caloundra! member for Burnett is deliberately misleading and talks about the closure of the outpatients facility. Let me read from the petition. It Bundaberg Hospital Outpatients Department reads— Mrs NITA CUNNINGHAM: I ask the Minister for Health: is she aware of the "... draws to the attention of the House confusing and misleading statements being the proposed closure of the outpatients made regarding the closure of the Bundaberg facility currently operating at the Hospital outpatients department and could she Bundaberg Base Hospital, Bourbong please clarify this issue for the people of Street, Bundaberg." Bundaberg? It does not mention the private practice clinic, Mrs EDMOND: Firstly, Mr Speaker, may I which is the only thing that is being phased draw the attention of the House to the out. It is totally and deliberately misleading. It presence in the gallery of representatives of is part of a campaign by the part-time member the Bulimba State School and welcome them for Burnett to mislead the older, vulnerable to this Parliament? people in Bundaberg. If the member visited Bundaberg occasionally he might see the Honourable members: Hear, hear! expansion of health services that this Mrs EDMOND: I am aware of what has Government has put in there. Health care is been a deliberate misinformation campaign by available, and continues to be available, 24 the member for Burnett which has been hours a day, seven days a week. continued today in the Bundaberg media. For the benefit of the House and in the interests of getting a few facts into this debate, I will briefly Ms J. Payne outline the recent history of the private Mr SPRINGBORG: My question is doctor—I stress private—general practice clinic directed to the Honourable the Attorney- at the Bundaberg Hospital. General and Minister for Arts. I refer to the In the early 1990s the clinic was open for ongoing controversy surrounding the transfer 24 hours per week—not per day as some of magistrate Jacki Payne, and I ask: will the would have suggested, but per week. It had Attorney-General confirm reports that he told 2294 State Development and Public Works Organisation Amendment Bill 9 Jun 1999

Ms Payne to take the oath and be sworn in age of 18 years from private households in and then fight the transfer? both rural and urban areas of the State. Mr FOLEY: The honourable gentleman Although 91.9% of people said that they refers to a matter that is the subject of an knew what the emergency number was, when affidavit before the Supreme Court of they were asked to state it only 88% could Queensland which is being heard by the Chief correctly state that it was 000. The QAS Justice. The matter is sub judice. The regularly conducts 000 awareness campaigns, honourable shadow Attorney-General does no but we obviously need to work a lot harder to credit to this Chamber or, indeed, to the dignity get the message across. We will be particularly of his office as shadow Attorney-General by targeting the older age groups. Seconds can seeking to agitate in this place a matter which mean the difference between life and death in is currently the subject of proceedings before the event of cardiac arrest or other the court. emergencies. It is vital that every single Mr SPRINGBORG: I rise to a point of Queenslander—young, adult and order. The issue is not one of sub judice; it is a senior—knows that 000 is the only number to matter of judicial review. My question to the call in the event of emergency. They must also Attorney-General is simply this: will he confirm know that the number must be called quickly. or deny those reports? Some people have been calling an Mr FOLEY: The honourable gentleman ambulance station, a fire station or a health speaks out of an abundance of ignorance. He clinic rather than 000. That can lead to delays, says that it is not a matter before the court; it is particularly if the ambulance crew or the fire a matter of judicial review. With great respect, crew are out responding to other jobs or if the judicial review is a review by a judge. That is health clinic is closed. If a person is in difficulty why it is called "judicial review". It is a matter and cannot speak, the call to the 000 number brought under the Judicial Review Act before can be traced to ensure that an emergency the Supreme Court of Queensland. This is vehicle responds. In any emergency— typical of the constant attempts by the shadow Time expired. Attorney-General to politicise the Mr SPEAKER: Order! The time for administration of justice in this State with questions has expired. respect to individual cases. He should be ashamed of himself. STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION AMENDMENT BILL Emergency Assistance Telephone Number Resumed from 8 June (see p. 2265). Mr MUSGROVE: I ask the Minister for Emergency Services: would she inform the House of the research which reveals that one Committee in 10 Queenslanders and one in four elderly Hon. J. P. ELDER (Capalaba—ALP) Queenslanders do not know what number they (Deputy Premier and Minister for State should phone to seek emergency assistance? Development and Minister for Trade) in charge What action is being taken to rectify the of the Bill. problem? Clauses 1 to 6, as read, agreed to. Mrs ROSE: Recently, I was very Clause 7— concerned when I read the results of a survey which was conducted by the Queensland Mr ELDER (11.30 a.m.): I move the Ambulance Service in conjunction with following amendment— Queensland Health. The survey was "At page 16, line 3, 'section'— conducted as part of base line research prior omit, insert— to fully implementing the CPR 2000 program across Queensland. 'division'." The survey revealed that one in 10 Mr ELDER: This amendment is purely a Queenslanders did not know the number to technical amendment. It just corrects a drafting call in an emergency. Even more disturbing error. was the fact that one in four Queenslanders Mr SLACK: I would like to make some over the age of 70—the group most likely to comments, because this clause refers to the access ambulance emergency treatment—did Integrated Planning Act 1997. Last night, the not know that they must call the triple 0 Minister made some comment about how this number in the event of an emergency. The legislation mirrored the Integrated Planning Act survey covered almost 5,000 adults over the 1997. I have sought some advice on this 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2295 matter, and I would like to read to the the person or body making the initial Parliament the advice that I have received. expropriation decision and which has no The Minister claimed that local authorities had interest in it should be put in place to review almost identical powers of exploration under the decision and accept or reject it. the Integrated Planning Act as those proposed I am not suggesting that section 551 to be given to the Coordinator-General under does not have its problems or drawbacks. It this Bill. Even if that were correct—and it is was an issue of importance to 132 not—I would have thought that the old saying democratically elected local governments, and that two wrongs do not make a right might they are another level of government. We did have crossed the Minister's mind. ensure that they had to seek the approval of However, the Minister gilded the lily with the Governor in Council and we did not give his reliance upon the Integrated Planning Act. them the unilateral right to take people's It is correct that, under section 551, at any property for a third-party interest. As I said, the time after a decision notice has been given for Minister's argument that this Bill simply reflects a development application and a local what is already the case in the Integrated authority is satisfied with certain matters, an Planning Act is not correct. acquisition power is triggered. The matters that the local authority have to be satisfied of Mr ELDER: It is quite to the contrary. The include whether the development would create principles are the same. There is the Bill; the a need to construct infrastructure on the land member should read it. The IPA was the or carry drainage over the land. There must Opposition's legislation. The principle that first have been an attempt to obtain the applies in this Bill is exactly the same principle agreement of the landowner and the council that applied in the IPA. In fact, the must be satisfied that action is necessary to Coordinator-General is responsible: he is allow the development to proceed. However, responsible to this Chamber, he is responsible that is as far as the analogy goes. Subsection to the Parliament and there is a responsible 2 of that section then goes on to provide that process in place. The situation is no different the local authority does not have the power to from that which exists with councils and it is no take the land but instead it must approach and different from the process that the Opposition obtain the approval of the Governor in Council. laid down in the integrated planning legislation when it was in Government. That is why from There are two fundamental differences day one the Opposition has been hypocritical between that provision and those contained in in its dealings with this piece of legislation. The this Bill. First, the body that proposes the Opposition's hypocrisy is just overwhelming. In taking of private land for private third party terms of the principle, the provisions contained interest is not a public servant making a in the IPA are no different from the provisions decision behind closed doors but a duly and that are contained in this Bill. democratically elected local authority. The people who have to answer for that The problem for the member opposite is determination are local councillors who come that last night he was caught out. He did not up for election every three years. They are realise what the Opposition had done with the people who are close to the issues and who integrated planning legislation when it was in are fully accountable. Peopled adversely Government. The members of this Chamber affected by such a decision can argue their supported that legislation without amendment, case to the council and the council can without knowing what was entailed when it was overturn or modify the initial decision. It is not a passed. The member says that two wrongs do decision made by a non-accountable public not make a right. In the case of the IPA, the servant behind closed doors who is not Opposition knew exactly what it was doing. answerable directly to the community and Labor accepted it on the basis that councils subject to expropriation. That is the first need the flexibility, as does the State difference. Government. The member's hypocrisy is blinding. The second difference is just as compelling. There is an irony here. Under Amendment agreed to. section 551, the Governor in Council has to Clause 7, as amended, agreed to. approve the council's decision. In terms of a State Government's actions, that would be the Clauses 8 to 11, as read, agreed to. equivalent of the decision of the Coordinator- Clause 12— General or a decision of the Governor in Council being subjected to this Chamber. The Mr ELDER (11.35 a.m.): I move the very principle that we have argued for, namely following amendments— that a superior body which is not controlled by "At page 25, lines 17 to 27— 2296 State Development and Public Works Organisation Amendment Bill 9 Jun 1999

omit, insert— At page 27, lines 23 and 24— ' '(1A) In considering whether the omit, insert— infrastructure facility mentioned in subsection (1)(f) would be of economic or '(i) infrastructure for health or social significance, the potential for the educational services.'.'." facility to contribute to community The amendments that I have moved deal wellbeing and economic growth or with the concerns that have been raised by employment levels must be taken into many stakeholders and by members of this account. Chamber. The original Bill provided that, in '(1AA) In assessing the potential determining that an infrastructure facility would mentioned in subsection (1A), the be of economic or social significance, the contribution the infrastructure facility potential for the facility to stimulate any one or makes to agricultural, industrial, resource more of the following must be taken into or technological development in Australia, account. In the original Bill, we listed Queensland or the region is a relevant agricultural development, community consideration.'. wellbeing, economic growth, employment levels, industrial development, resource At page 26, lines 1 to 8— development and technological development. omit, insert— In responding to the concern that has ' '(1C) If the proposed taking of land by been raised—that the Bill was drafted too the coordinator-general is for conferring widely—the amendments propose to reinforce rights or interests in the land to be taken the principle that the approved infrastructure on a person other than the State— facility provides benefit widely across the (a) the coordinator-general must— community and not just for the infrastructure developer. There is now an emphasis on the (i) prepare a statement giving reasons positive benefits that arise from the why the infrastructure facility was infrastructure provision and the way in which approved under subsection (1)(f); these benefits arise through the stimulation of and economic development. Members can see (ii) publish a copy of the statement in that, in the two amendments that I have the gazette; and moved in that regard, not only would the (b) the Minister must table the statement potential for the facility to contribute to in the Legislative Assembly within 3 community wellbeing and economic growth or sitting days after the gazette notice employment levels be of economic or social approving the infrastructure facility is significance but also it would make a published. contribution towards agricultural and industrial '(1D) If the taking of land by the resources and technological development in coordinator-general is for conferring rights Australia, in Queensland and in the region. In or interests in the land taken on a person other words, the concerns that have been raised have been addressed in these particular other than the State—— amendments. (a) the coordinator-general must prepare a statement giving details of the Mrs : I move the negotiations by the person with the following amendments— owners of the land to acquire the "At page 25, lines 9 to 14— land by agreement; and omit, insert— (b) the Minister must table the statement in the Legislative Assembly within 3 ' '(f) for the provision of an infrastructure sitting days after the taking of the facility approved under a land.'. regulation.'.'. At page 26, after line 12— At page 25, lines 17 to 27— insert— omit, insert— ' '(1F) The power to take land under this ' '(1A) A regulation mentioned in section for a purpose (the "primary subsection (1)(f) may be made only if the purpose") includes power to take at any Legislative Assembly has passed a time land either for the primary purpose or resolution requesting the Governor in for any purpose incidental to the carrying Council to approve the provision of the out of the primary purpose.'.'. infrastructure facility. 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2297

'(1AA) During the debate on the under the scrutiny of the community through resolution, the Minister must table a its 89 representatives. statement giving— Mr Lucas: That's not what you supported (a) reasons for the need to take the under the Integrated Planning Act, is it? land; and Mrs LIZ CUNNINGHAM: The argument (b) details of any negotiations by the about the IPA may be a valid one. I am not person with the owners of the land to saying whether it is valid or invalid. We are acquire the land by agreement.'. dealing with the issue that the State Government is going to compulsorily acquire At page 26, lines 1 to 8— land from private people. The way in which omit, insert— local government acts compared to the way in which the State Government acts is quite ' '(1C) The Statutory Instruments Act different. Local government is very close to the 1992, sections 49 and 50 do not apply to people. Very few local councils are going to a regulation made under subsection (1)(f). unilaterally take land unless they know that '(1D) Subsection (1C) has effect despite there is significant support for that within the the Statutory Instruments Act 1992, community. There is a closeness between the section 52.'.'. community and the council. As each sphere of 1 Statutory Instruments Act 1992, Government increases in size, so does its sections 49 (Subordinate legislation removal from the community. Local must be tabled) and 50 government is very close and responsive to (Disallowance) the community, the State Government is one step away and the Federal Government, as we 2 Statutory Instruments Act 1992, know, often does not even know where the section 52 (Other notification, community lives. gazettal, tabling or disallowance provisions of no effect)" One of the comments that the Minister made last night reinforces the need for this Yesterday evening, I listened to the matter to come back to this Parliament in the response of the Minister concerning my format that I propose in my amendment. He amendments that have been circulated. I said that another reason why he did not circulated them out of concern that, although support my amendments was that they the significant power that is to be given to the departed from the model of Government that Coordinator-General, the process that the says that Governments are elected to govern Coordinator-General would undertake and and are not expected to seek parliamentary then the approval of the Governor in Council, approval for every operational decision that is an apparently transparent process, it is not. they make. However, this is not an operational In this instance, the old saying that everybody decision. These are significant developments. reads the Government Gazette in the pubs in These proposals will affect landowners' my electorate bears repeating. The proposal is freehold title rights. They will affect their free to be printed in the Gazette. However, very few and relaxed enjoyment of their property. They people read the Gazette and very few people will affect their quality of life because they may get it. Landowners who may be in an at-risk remove them from their land. To say that this area—and how can that be defined, because Bill provides for action of last resort and then development can occur across the State, as it say that one of the concerns is that it will place should—are going to have to somehow the Government of the day under the monitor what is in the Gazette. That is not a requirement or the impost to bring the issue transparent process. Theoretically, it may be back to the Parliament for debate on an but the practicality is that it is not transparent. operational decision flies in the face of the The concern that was expressed in my types of decisions that the Bill gives examples electorate was that there should be ample of if the legislation is enacted. opportunity for public comment on the My proposal is in line with section 26 of proposal and that there should be an overt the Forestry Act. It is not onerous. A motion is transparency in the way in which the matter is put before the House for a regulation to be dealt with. The best way for that transparency made. It can be debated. The decision is to be achieved, given the process that has made. My third amendment removes the right been set down as the template for this for disallowance, which gives certainty as far as legislation, is to require that the proposal come financial backers are concerned. The back to this Parliament for public debate where amendments ensure transparency. They it is under the scrutiny of the media and it is ensure that the community gets an opportunity 2298 State Development and Public Works Organisation Amendment Bill 9 Jun 1999 to examine the proposals, how often the interest. At that time those companies knew power is to be used and what type of projects what the rules were. They knew that the the power is to be exercised for. The project could be achieved under the present amendments give local representatives the legislation or, as I had indicated to them, that opportunity to have input into the proposals we could introduce project specific legislation. and the debate on the floor of this Chamber. I They were prepared to come forward and put do not believe that passing these their names in the assessment process and amendments will add any extra workload, any spend their money under that criteria, having extra layers of red tape or anything else to the had legal experts look at the current legislation process. The amendments state that this is a and at what we proposed. That was project significant power and that the people of the specific legislation. That legislation did not take State deserve to have the exercise of that certainty away from the project any more than power debated openly and freely. I commend would the legislation that the Minister has the amendment to the Committee. placed before the Parliament. The CHAIRMAN: I propose to deal with The Minister would appreciate that the the three amendments moved by the member reality of politics is that once the Government for Gladstone first. gives an undertaking to introduce legislation Mr SLACK: The Opposition supports the into the House, it has the numbers to provide amendment proposed by the member for certainty. Now that this legislation has come Gladstone. While we acknowledge that it does into this place, irrespective of how much we not go far enough to alleviate our fundamental talk about it today, the Minister knows full well difference with the legislation before the that the Government has the numbers to pass Chamber and does not represent fully our the Bill. There is certainty once the policy or our position on the issue, it is infinitely Government gives a commitment to introduce better than what the Government is proposing. legislation that is provided for by bringing the matter before the Parliament. We believe that In his summing-up last night, the Minister the fundamental right to protect the rights of referred to the coalition having discussed this private land-holders deserves the Parliament's legislation in its Cabinet meetings and its party scrutiny, which is what our proposed project room. He said that he did not know why the specific legislation will achieve. legislation did not proceed to the Parliament, because naturally if a Minister proposes Last night the Minister talked about this legislation, he believes that the legislation being action of last resort. He said that most should be passed by the Parliament. We development applications would be rejected it and—— determined between the land-holder and the proponent, and that is right. There is no doubt Mr Elder interjected. about that, and I would hope and expect that Mr SLACK: We rejected legislation that that would be the case. That means that if the proposed similar changes to this legislation. guidelines are strictly adhered to as the Last night and in the previous sitting week in Minister says they would be, only a few this place, many members explained the very extreme cases would come under the category reasons why we rejected that legislation. The where the Government had to intervene to final and real reason—and this is the acquire the land under this Act. In those fundamental difference between the circumstances, it would not be an imposition to Government's approach and ours—was that bring a matter before the Parliament. It is fine we believed that this type of legislation should to say that it can be tabled in the Gazette or in come before the Parliament for the Parliament the Parliament, but that happens after the to have the opportunity to discuss it as project event. The reality is that that does not give the specific legislation. That was our position in the protection of scrutiny that would overcome the party room. fundamental feeling that land-holders have The Minister raised the issues of SUDAW, that their rights are being eroded under this the Surat/Dawson development and other Bill. developmental issues that are relevant to what Last night the Minister talked about the this Bill would cover. For the information of the Aldoga legislation that we introduced into the Committee, I point out that the coalition Parliament when the Minister was Opposition Government piloted the expressions of interest spokesman. That legislation involved the process for the development of the acquisition, on behalf of the QCL, of land Surat/Dawson area. If my memory is correct, between Aldoga and Gladstone to facilitate there were 21 responses from local, the development of a rail line. The legislation Queensland, Australian and international that the Minister has introduced to the companies to that call for expressions of Parliament would not cover that situation. The 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2299

Aldoga legislation was directly aimed at legislation, which involves a public servant and negating the provisions of judicial review. It not the Parliament making the decision. was not aimed at enabling the acquisition of Mr Elder: Maybe you're not a private the land. We could acquire the land under the sector developer. Acts that existed at the time. The problem was that there was a time frame involved, which Mr SLACK: I cannot understand why the came into operation under the Goss Minister will not bring it into the Parliament. He administration when QCL made the decision to said himself that that is the last resort. That is exit Moreton and relocate its full operation in the fundamental difference between us and Gladstone. An agreement was reached that a why we are supporting the member for rail line would be provided by a certain date. Gladstone. We are not against any private That date looked to be in jeopardy, because development, provided that it meets certain one land-holder in particular was promising to criteria and is in the public interest. Those take the issue to judicial review, which meant should be the criteria for all resumptions. that there would have been a possible six to Those are the criteria for Government 12 month time lapse before we could achieve resumptions for Government purposes. It must the resumption in order to meet the be in the public interest. commitments that we had been given by the At the end of the day, we are opposing Labor Government. We had to introduce this Bill because of that fundamental legislation to protect the State from the $4m difference. That is the reason we are per month or per week—I forget which— supporting the member for Gladstone, whose penalty clause that existed in that case. Our points are very valid. Land-holders feel legal advice was that the people involved threatened. They have expressed their would not win their judicial review, but the fact objections to me over past weeks. They was that we had to bring legislation before the perceive a lack of certainty and protection for House. That was not this type of legislation. what they have always considered to be The Minister has sought advice, and I am fundamental rights. This is all about proposals pleased that he has done so. I remember the to transfer land from one private entity to case vividly. As he said correctly—— another private entity to make a profit. No Mr Elder: You're wrong. I have just private entity will endeavour to obtain land sought advice. You're wrong. unless it is going to make a profit. That is something that the Minister, as a business Mr SLACK: I am not. I went out to the person, would admit. That is where we are place we are talking about. coming from. That is the fundamental Mr Elder: The cape—I remember it. difference. That is why we are opposing this Bill. That is it in a nutshell. Mr SLACK: Yes, it was on television. The member for Gladstone was there also. In Mr ELDER: A number of points were those circumstances we took viewing that land raised. I will endeavour to deal with as many seriously. The last thing I wanted to do was as I can remember. The important point in bring that legislation into the Parliament. I took relation to this is that project specific every avenue that I could to avoid bringing it legislation, which was the type introduced by into the Parliament. The Minister's party the former Government, denies the right of supported it, as did I. At the end of the day, in judicial review to people. This legislation that situation we had to do that. This achieves exactly the same aim as the legislation would not cover access to judicial Opposition's project specific legislation, but it review. The Minister is saying that this does not deny people judicial review. Judicial legislation protects judicial review and protects review is about the decision that is taken. The the rights of land-holders to go to court. project continues. It is about the decision. If However, there is no blueprint legislation that there are flaws in the decision, they will be will cover all situations. That is why these dealt with in an appropriate manner. It does matters should come back to the Parliament. not stop the project, it merely gives people a right in terms of the process. Project specific In relation to Surat/Dawson, the legislation of the type that the Opposition guidelines were there, but at the end of the introduced for East End did not do that. I day there was no certainty under any of these understand the reasons why that was the methods. There will be no more certainty case. That was a piece of infrastructure that under this legislation than there would be if was to benefit a third party. The problems that matters were brought into the Parliament. The the Opposition encountered in that instance development that has taken place in this State are exactly the same problems that need to be has been achieved without this type of dealt with now, but in a more accountable way. 2300 State Development and Public Works Organisation Amendment Bill 9 Jun 1999

The way to deal with it is through this piece of My DG and others have spoken to Noel legislation. Far more accountability is built into Kennedy. He supports the Bill in principle. I this legislation than could ever be built into attended a luncheon at which that issue was project specific legislation. Project specific raised. My comments last night were about the legislation does not deal with the uncertainties particular provision we had in place. They for landowners and developers—those behind support that provision. Beyond that, what I the project. That is because it takes a have done is bring in a Bill that will facilitate significant length of time to work through those that. processes. Even in the end that does not The IPA legislation that the former guarantee an outcome. It is that certainty that Government brought in and which all members the developers and land-holders are looking supported is not in principle any different from for. As I said last night, they do not want an this. If anyone is going to build a McDonald's, axe hanging over their head, they want to a golf course or a Hungry Jack's, it will be local know what will occur in terms of their land. government; it is not included in this Bill. This This is not anything new. In its provision of Bill addresses projects of regional, State and public infrastructure, the Government does this Australian significance. The infrastructure list on a daily basis. What we have to does not—and this is why I have tightened up accommodate is the private sector providing the infrastructure provisions—outline those the public infrastructure facilities outlined in this types of projects. For the reasons I have Bill. This is more transparent. Developers will outlined, I do not accept the amendments not just roll in and take the land. Landowners from the member for Gladstone. I have stated know the process full well. There are public my principles in relation to them. notifications, EISs, investigations and negotiations, and commercial agreements are Mr SLACK: In relation to the Transport put in place long before the right of (Gladstone East End to Harbour Corridor) Act compulsory acquisition is taken up. There is a 1996, the Minister is misrepresenting what I vast process to go through before compulsory explained to the Parliament. Hopefully, that acquisitions can take place. That is the last was a one-off situation in this State. I hope resort. However, there has to be a mechanism that we do not see that repeated. Having said for that. I do not accept project specific that, it is not the Opposition blueprint for legislation, because of the uncertainty and the project specific legislation, for instance, to problems that I have seen with it elsewhere in remove access to judicial review in respect of other States and, for example, in relation to people who own land that may be resumed. the East End corridor acquisition. What I do That is a complete misrepresentation of what accept is laying out an accountable and that Bill brought before the Parliament in 1996 transparent process. was all about. The Opposition keeps saying that the The Minister can outline the guidelines Coordinator-General is a public servant who will and the checks and balances that he has just take people's land. As a statutory officer, developed. These amendments were brought he has accountabilities. Those responsibilities in at the 11th hour. We would have copped inevitably end in this House. The argument howls of protest from the member if we had about brown paper bags was an appalling brought in five pages of amendments at 11 argument to raise in relation to this Bill. The o'clock at night just prior to going into the Coordinator-General in this State is subject to Committee stage on such an important Bill in more accountabilities than I care to mention in respect of which just about every member on relation to this process. I brought in this piece this side spoke. However, the Minister brought of legislation to endeavour to get the private in those amendments. Admittedly, upon sector involved in public infrastructure reviewing the amendments, it appears that provision—something which the Infrastructure most of them provide for a slightly better Association of Queensland, the AIG and the situation in relation to what should be the QCCI—all of them—support. They see that it is guidelines for an application that comes before transparent. the Parliament. That is where the fundamental difference is and that is why we are supporting Mr Slack: That is misleading. the amendments of the member for Mr ELDER: No, it is not. I have spoken to Gladstone. all of those organisations in relation to this Bill and in detail. I have spoken to the people in the organisations that the Minister referred to, Mr Slack: Did you say "Agforce"? particularly the Agforce people. I have spoken Mr ELDER: Agforce supports the to the UGA and the Graingrowers. They particular provision that I mentioned last night. indicated to me that they felt the best way to 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2301 go was to adopt project specific legislation. But way we could to avoid that. My advice was that they accepted that the Government, having the existing legislation basically enabled us to the numbers, was going to do what it was acquire the land, but it could not run the going to do. Therefore, they adopted a gauntlet of judicial review without the position of trying to get the best guidelines and Government incurring penalties. the best protection that they could under the Question—That Mrs Liz Cunningham's Act because the Government's position was amendments be agreed to—put; and the going to come into effect. That is the reality of Committee divided— it. The Minister claimed last night in his reply to the points that were raised by the Opposition— AYES, 42—Beanland, Black, Borbidge, Connor, Cooper, E. A. Cunningham, Dalgleish, Davidson, "Agforce has written to the Premier Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, indicating that access provisions in this Johnson, Kingston, Knuth, Laming, Lester, Lingard, Bill"— Littleproud, Malone, Mitchell, Nelson, Paff, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, and I was going to talk about this later, but I Slack, Springborg, Stephan, Turner, Veivers, do it now because the Minister raised it— Watson, Wellington. Tellers: Baumann, Hegarty "are a model of enlightenment and urging NOES, 42—Attwood, Beattie, Bligh, Boyle, Braddy, the adoption of those provisions in other Bredhauer, Briskey, Clark, J. I. Cunningham, legislation." Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, Hayward, Hollis, Lavarch, Lucas, Mackenroth, I would like to see that letter to the Premier McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, tabled if the Minister is going to support that Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, position he took. Roberts, Robertson, Rose, Schwarten, Spence, Mr Elder: I will talk to the Premier about it. Struthers, Welford, Wells. Tellers: Sullivan, Purcell Mr SLACK: Thanks. Pairs: Wilson, Pratt; Barton, Goss Mr Elder: The fact of the matter is if we The numbers being equal, the Chairman had this legislation, it wouldn't have been cast his vote with the Noes. needed. That is a fact. Resolved in the negative. Mr SLACK: No, the fact is not that. The Mr BEANLAND: In relation to fact is that this legislation does not waiver amendments 2 to 5, I do have one question judicial review. I just cannot understand. I for the Deputy Premier at the outset. Listening thought the Minister was an intelligent to this debate, I think there seems to be business person and understood the concern—and it needs to be clarified—about legislation when we brought it into the House the issue of judicial review. My understanding at that particular time. The whole objective was is that this legislation is subject to judicial to facilitate speedy access. That was the review. That is, that projects that fall under the issue—the speedy provision of that access for ambit of this legislation will be subject to QCL to overcome the problem where there judicial review. I do ask the Deputy Premier if was a time frame that removed the provisions he could simply clarify that to indicate whether of judicial review. that is the case. That is my understanding. Mr Elder: I remind you of your speech. That will clear one matter up considerably. Mr SLACK: The Minister has my speech. Mr ELDER: Judicial review applies. Mr SLACK: Mr Chairman, you have Mr Elder: You said it was a good treated the amendments put forward by the example of the type of legislation that you Deputy Premier as a block? would bring in in relation to projects. The CHAIRMAN: He moved them in Mr SLACK: That could be right in respect block. of if there was a project that was held up in that type of situation. The Minister selectively Mr SLACK: My advice in relation to quotes, as he selectively quoted the amendment No. 2 is that this amendment Opposition last night. He said— slightly improves what would otherwise have been a meaningless list of matters that "Selective quotation is a favoured supposedly determined whether a proposed technique of those members opposite." infrastructure facility would be of economic or I would like to see the Minister table that letter social significance. A consideration of whether to the Premier. I can only reiterate that the such a facility may have stimulated one or Minister is misrepresenting what that Aldoga more of a list of matters and a provision that legislation was all about—judicial review. I specifically requires that consideration must be know; I went up and talked to the people. I given to whether the facility will contribute to talked to my officers. As I said, we tried every community wellbeing, economic growth and 2302 State Development and Public Works Organisation Amendment Bill 9 Jun 1999 employment levels ensure a little more probity The other part of the amendment simply in the process. I reiterate that, in the context of reiterates what is already in the Bill. Again and facilities that may only have reasonable again the Opposition has said that, in the significance, requiring that these three matters absence of any merits-based review of a must be taken into account really does not decision of the Coordinator-General to deal with the substance of our concerns. The expropriate private property, there at least Minister would appreciate that each of these needs to be some form of parliamentary three mandatory considerations are general scrutiny. The Minister announced last night and hard to quantify, particularly the concept that Governments are elected to govern and of community wellbeing. So this amendment are not expected to seek parliamentary tightens the provisions of the Bill slightly, but approval for every operational decision that will not have any appreciable effect on they make. While that is true as a general concerns we have raised. That is amendment principle, I would have thought that this No. 2. Government would be a little more sensitive to the issues surrounding the compulsory Mrs LIZ CUNNINGHAM: I just wanted to acquisition of private property, especially when clarify the fourth amendment moved by the such acquisitions are not for the people of Minister. I reiterate that my concern about this Queensland but for private developers. If the Bill is not a concern that is against Minister thinks Parliament should not be development or against private development consulted, then he needs to reconcile his of infrastructure, which is where a lot of rather absolute point of view with the Forestry infrastructure development is occurring—joint Act, which has been mentioned by the ventures between State and private enterprise, member for Gladstone. That Act requires each etc. I do have concerns, though, with the excision of State forest to be subject to process to ensure that people feel that they parliamentary approval. have been fairly dealt with and fairly compensated. The Opposition is disappointed with this amendment. It leads nowhere. It is simply The Minister's fourth amendment deals another procedural step and one that gives no with the power to take land under this section rights to citizens. In effect, it simply requires for a primary purpose. Using the example of a notification to the community that a decision dam, that would be the area for the dam wall has been made. It is a notification of a fait and the inundation. However, the amendment accompli, not notification that people can inserts the words "includes power to take at object to, debate or challenge the decision. any time land either for the primary purpose or This is a minimalist amendment without any for any purpose incidental to the carrying out substance. of the primary purpose". Will the purposes that Mr BEANLAND: I thank the Minister for are the reason for the incidental acquisition his answer to the question I raised about associated with the development also have judicial review. I have heard a great deal of this the same tests applied to them by the debate over the last day and a half and from Coordinator-General? that it appeared to me that these matters Mr SLACK: Amendment No. 3 is just a certainly were subject to judicial review. That little bit of window-dressing. It does not deal means that fast-tracking processes such as with the fundamental issue. As I read it, there this will not occur. I have heard the word "fast- will now be a requirement that, when an tracked" used as giving certainty. Certainty will infrastructure facility is approved by the not exist in these matters where they are Governor in Council, the Coordinator-General subject to judicial review, because matters can places a statement in the Gazette explaining take many months to be considered by judicial why such a decision has been made. Once review. That is the issue that was raised by the again, this statement will have no legal effect. member for Burnett a little earlier. It cannot be questioned or challenged. It is a Mr Elder: Parallel processes. notice to the world that a decision has been Mr BEANLAND: The Minister can have taken, no doubt giving some fairly cursory parallel processes or whatever, but the point is reasons why the Governor in Council made the that judicial review is still required. Judicial decision. It is interesting, too, that it is the review will still hold up projects. They are the Coordinator-General explaining why the facts of life, whether we like it or not. The Governor in Council made the decision. I member for Burnett was confronted with that in would have thought that the Minister relation to a matter outside of Gladstone when responsible for the legislation would be the he was a Minister in the previous Government. appropriate broadcasting agency. That is why that Government moved to bring in 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2303 specific legislation for that project. It was not to are provided in proposed section 78 of the Act. speed up the project; it was to overcome the In addition to this new power, it includes the problem of judicial review, which was going to normal range of powers available to the delay the matter. constructing authority. The amendment, There will still be substantial delays as a though, puts beyond doubt that these powers result of judicial review. There is no way around extend to purposes incidental to the primary the issue while the Minister allows judicial purpose. Examples of that are drainage review. From listening to the contributions of structures associated with roadworks or those on the other side of the Chamber, one structures of similar type around the dam. It would have expected that this legislation was mirrors the incidental powers that are within the designed to overcome that, but it is certainly Acquisition of Land Act. So there is no not. argument about that; it is here within my piece of legislation. Again, I thank the Minister for his answer. Because of his answer I emphasise again that For the benefit of the member for delays will certainly occur. There certainly is no Indooroopilly, I point out that judicial review will certainty. There cannot be certainty where not delay those projects. There can be a there is judicial review and there cannot be a parallel process. To those who have concerns fast-tracking process because of that. The in relation to public infrastructure provided by a Minister can put in place whatever he private developer, I say that we have given the likes—parallel processes and so on—but at the ability to continue a process. A whole raft of end of the day that process will take time and processes is in place. If they want to go obviously development projects will be slowed through the judicial review process they may, down because that process has to occur but it will not hold up projects of this size, which before the next stage can take place. I thank are significant projects. The problem in the the Minister for clarifying that particular issue. case of QCL is that it was not necessarily defined as a public benefit. That is a different Mr SLACK: In relation to clause 5, the test. Principally, that is the difference. The Opposition recognises that the Minister has decision in the case of Gladstone could have tightened the provisions slightly by the removal been potentially an invalid decision because of of the social infrastructure implications that we the grounds of JR, because it was not for a raised. What does the Minister classify as a public purpose. I will let the member come circumstance where a hospital or a school back to that. He can deal with that in a minute. would be in a position where land would be resumed from a private person when other As to the statement of reasons in the third land may be available in the area? How is it amendment to clause 12 about which the identified that this must be removed for a Opposition has concerns—principally that hospital or a school? statement goes further than has been the case in relation to the public taking of land. We Mrs LIZ CUNNINGHAM: I have asked a take land now. The provisions in the legislation question relating to amendment No. 4. The are far more onerous in relation to the private second-reading speech referred to people provider than what is required of the State being advised of this proposal through a State now. That is the fact. Anyone who reads my paper. It is not a requirement in the Bill that Bill and the Acquisition of Land Act and notification be made through the circulation of anyone who is aware of the procedure a paper. It is in the Bill that notification be involved in the taking of land for dams, roads made through the Gazette. Is the Minister or railways will understand that this Bill contains confident in his own mind that people in an far more accountable measures. One may not area will have adequate notification about the accept the process by which I am doing it; but process starting and in adequate time? the legislation provides far more accountability. Mr ELDER: I will deal first with the This amendment again tightens accountability concerns of the member for Gladstone. Yes, I by the statement of reasons being prepared, am confident there will be adequate firstly, when the decision is being taken and, if notification. We are not talking about a vast there has not been a negotiated process and number of projects. There are a finite number if the land is taken, again after the process. of projects. The processes in place will in my As to the Opposition's concerns in relation view give everyone adequate time in relation to my second amendment, the tightening up to the concerns they may have within a given of what I considered were the particular community. reasons and whether that is just one or a In relation to clause 4, the purposes for number of reasons—I think I have dealt with which the Coordinator-General may take land that in an earlier explanation. 2304 State Development and Public Works Organisation Amendment Bill 9 Jun 1999

Mr SLACK: The Minister mentioned the '(3) In this section— Gladstone legislation. That was raised in "indigenous land use agreement" means relation to whether the current Acts could be an indigenous land use agreement under challenged under the public benefit test. On the Native Title Act 1993 (Cwlth), section advice, we made the decision that, had it not 24BA, 24CA or 24DA. been for the judicial review, we would not have proceeded with the legislation. "non-extinguishment principle" has the same meaning as in the Native Title Act Amendments (Mr Elder) agreed to. 1993 (Cwlth), section 238.'. Question—That clause 12, as amended, In relation to the first amendment, the stand part of the Bill—put; and the Committee original heading for the proposed new section divided— 78A(1) used the words "Ensuring reasonable AYES, 42—Attwood, Beattie, Bligh, Boyle, Braddy, steps are taken to otherwise acquire land". To Bredhauer, Briskey, Clark, J. I. Cunningham, make it abundantly clear that the acquisition Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, was through non-compulsory means, the Hayward, Hollis, Lavarch, Lucas, Mackenroth, phrase "otherwise acquire land" has been McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, replaced with the words "acquire land by Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, agreement", so it is patently understood that Roberts, Robertson, Rose, Schwarten, Spence, we acquire land by agreement. Struthers, Welford, Wells. Tellers: Sullivan, Purcell The other amendment provides additional NOES, 42—Beanland, Black, Borbidge, Connor, explanations of how the Coordinator-General Cooper, E. A. Cunningham, Dalgleish, Davidson, will determine that every effort has been made Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, to acquire land by non-compulsory means. Johnson, Kingston, Knuth, Laming, Lester, Lingard, Littleproud, Malone, Mitchell, Nelson, Paff, Prenzler, That is achieved by again replacing the words Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, "otherwise acquire the land" with the words "to Slack, Springborg, Stephan, Turner, Veivers, take the land by agreement". The Coordinator- Watson, Wellington. Tellers: Baumann, Hegarty General must be satisfied that the statutory guidelines promulgated pursuant to the Pairs: Barton, Goss; Wilson, Pratt proposed new section 121A have been The numbers being equal, the Chairman followed, and that, where native title exists, the cast his vote with the Ayes. negotiation process that was followed sought Resolved in the affirmative. to enter into an indigenous land use agreement. Although native title land cannot Clause 13— be purchased in the sense that freehold land Mr ELDER (12.30 p.m.): I move the can, the indigenous land use agreement can following amendments— determine the conditions under which native title parties are prepared to deal with the State "At page 28, line 1, 'otherwise for that title. Use of the industrial land use acquire land'— agreement also leaves open the possibility omit, insert— that native title does not have to be extinguished—in other words, the non- 'acquire land by agreement'. extinguishment principle—and can revive once At page 28, lines 5 to 7— the infrastructure facility is no longer needed. The amendment calls up the definitions of an omit, insert— "industrial land use agreement" and the "non- ' '(2) The coordinator-general must not extinguishment principle" from the Native Title take the land unless the coordinator- Act. I have dealt with a range of issues that general is satisfied— were raised by the Opposition in terms of native title. (a) reasonable steps have been taken to take the land by agreement; and Mr SLACK: I wish to make some comments, particularly in relation to (b) the guidelines made for section 121A amendment No. 7. After the terrible attack the have been followed; and Minister and his department received from the (c) if the land being taken contains Queensland Indigenous Working Group, I am native title—reasonable steps have not surprised that the Minister is moving an been taken to enter into an amendment to tighten up the native title indigenous land use agreement that impacts of this Bill. It should be noted that the provides for the non-extinguishment main effect of this amendment is to put some principle to apply to the taking of the moral persuasion on developers to enter into land. indigenous land agreements. The Minister 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2305 knows full well that entering into one of these Mr Elder: But this Bill actually deals with agreements is complicated and takes a very that in a far more comprehensive way. long time. The Minister knows that full faith Mrs LIZ CUNNINGHAM: It has some negotiation on native title issues is never easy obligations on people. But what I am wanting and requires the involvement of many parties to highlight is that often the theory is not and the expenditure of large sums of money. replicated in reality. People are intimidated by I ask the Minister: is the State those sorts of statements. People who have Government going to assist the indigenous owned land for a short term or a long parties with their costs in negotiating these term—but often long term—in rural areas are agreements if they involve infrastructure intimidated by a person from a facilities? Where is he proposing to go on this conglomerate—a large company. Whether matter? The Minister has to move an their statements are appropriate or amendment to calm the QIWG and pretend inappropriate, legal or illegal, they have to that extinguishment is not his first option. know that there are now proposed to be However, he knows full well that private statutory obligations on the process of visiting developers who want to build the infrastructure the land, access rights, etc. The landowner facilities will rarely be able to wait around, in has to be aware of what those rights are. And terms of time and money, to successfully historically, people do not know the detail, and negotiate an indigenous land use agreement. they can often be intimidated. These developers will come to the Minister and The experience in my electorate is that put their case, and an extinguishment option companies often send out their will quickly follow. representatives when they know the spouse is absent, particularly the male. They will come This amendment is just a smokescreen. when the wife is at home on her own. They Unless the State Government picks up the have come when it is the evening meal time or costs and moves in to proactively and during daylight hours when the farmers are out strategically kick-start and successfully doing their farm work. And unless people are conclude such agreements, and unless there well informed about the process that is being is the level of support, this is another proposed here, they will be intimidated by amendment that goes nowhere but attempts company representatives who will be well to give a veneer of respectability to the informed, who will be well equipped and who eventual extinguishment decision. Finally, and may be quite pushy in their manner. As I said, with respect to native title, I ask the Minister the wording that the Minister is proposing is a whether the QIWG was consulted before this step ahead. I just want to put on the record Bill was introduced into the Parliament, as I the reality of the vulnerability of landowners in was very concerned by the QIWG's suggestion this whole process. that the Explanatory Notes were misleading Mr ELDER: In relation to a number of under the consultation heading. I ask the issues, particularly costs—State Governments Minister to address the issue of the accuracy facilitate a raft of discussions, as we facilitate of the Explanatory Notes he circulated. now in terms of projects that are significant. Mrs LIZ CUNNINGHAM: I want to express We have been facilitating for some time. In some concern and some of the realities about terms of any costs—costs will be developer amendment No. 6—"acquire land by costs. This is private sector provision of public agreement". That statement is an infrastructure. We will have a specific role, and improvement on "otherwise acquire land". that will be to facilitate these projects and bring However, what appears adequate and these projects through, but developer costs will appropriate in this Chamber is often markedly be involved. different in the real world. An incident occurred Mr Slack interjected. recently outside this legislation whereby a Mr ELDER: It is in their interests to get an landowner, who already has two corridors outcome—whether it is with a native title holder across their property, was approached by an or another owner. It will be in the developer's investigator for a company for a third corridor. interests and it will be developer costs. The person was justifiably irritated and In relation to what we have said in terms frustrated by the request to go onto their of consultation—the point we made to all property to have a look at the terrain and stakeholders was that we would consult with refused entry. The investigator shrugged his them quite extensively in the development of shoulders and said, "That's okay. We'll get the the guidelines, because it is the guidelines Government to do it." They were not relying on which are the statutory instruments that the this Bill. It was a different project. Coordinator-General must follow and which are 2306 State Development and Public Works Organisation Amendment Bill 9 Jun 1999 important in terms of how this is delivered. Clause 13, as amended, agreed to. That deals with the raft of concerns the Clause 14, as read, agreed to. member for Gladstone raised in terms of how property owners are dealt with. We said that Clause 15— we would consult with all stakeholders in detail. Mr SLACK (12.40 p.m.): This is the other In the interim, we pulled up the provisions as area, apart from clause 12, which has caused we saw them through the Native Title Act— some concern to the Opposition. There are both our own Act and the Commonwealth other aspects of the legislation that cause the Native Title Act. We did have discussions with Opposition concern, but this is one matter the QIWG to make sure that there was no which needs to be resolved. I would have misinterpretation of the meaning. That is why expected that the Minister would have brought the amendments were put through. the guidelines into the Parliament. The Mr SLACK: One of the things that really Minister is asking us to vote on guidelines that concerns me in relation to development issues have not yet been determined. around the State now in infrastructure I know the Minister is going to come back provision is the implication of native title issues. to me and say that he has been speaking to I am running across it more and more every all the interested groups and that all those day; where it was considered that there were groups have indicated their support for these not native title implications, that is proving to guidelines. However, there is no surety that the be not the case and that there are native title negotiations are going to give them what they implications. There would be many projects seek in relation to the guidelines. These that involve native title implications. people have expressed to me their support for Obviously, if the Minister is going to talk what the Minister has developed so far in about costs, has he developed a formula in relation to possible guidelines, but they are relation to the costs in respect of that aspect of somewhat nervous that it has not been put it? Is there a budget? What sort of money is before the Parliament. he going to provide for the native title The member for Gladstone raised some negotiations? When I was the relevant issues in respect of the implications that can Minister, and when the Tenneco pipeline was result from not having guidelines that being developed, the native title implications adequately protect land-holders. I will not refer cost Tenneco a lot of money in providing that to farmers in particular. Any reference to pipeline to satisfy the native title requirements. farmers may give the Minister a false Is there a formula? Is there a budget for it? It impression in relation to this legislation. The does raise a serious issue, because there are legislation applies to all landowners across the more of these issues coming to the fore all the State of Queensland. The farming fraternity time. has special concerns that the metropolitan Mr ELDER: The reality of life is that this is fraternity may not have. about the private sector providing this public Farmers are especially concerned with infrastructure. The projects that the member vehicles bringing in weeds, as the Minister outlines are ones where we have provided a mentioned in his reply. One of the weeds that range of public infrastructure. We carry those we talked about was parthenium weed. What costs. We go through that native title regime. redress do land-holders have if people leave We are, in fact, having discussions now with gates open? I realise that the formula for the the Commonwealth about the whole issue of guidelines has to be worked out, but what compensation. That has been ongoing. We protection do land-holders have when the are not dealing with the broader issues of formula is developed? Another problem compensation. The costs involved here will be involves machinery digging holes on developer costs. The role of the Government properties. will be facilitative. We facilitate it through the A lot of this comes back to the good faith provision of this legislation. The other issues and the honesty of the person coming in to do will be dealt with in the fullness of time. The the exploration work. It does not matter what compensation issues and the discussions we sort of guidelines we have; if the people are have had with the Commonwealth will be dealt not reputable and do not do the right thing, we with in the fullness of time. This is putting out a have all sorts of problems. Before I came to process by which the private sector can be the Parliament I was involved with looking at involved in the provision and have a process problems that land-holders were experiencing through indigenous land use agreements to with mining exploration companies. Some of push it. those companies were abusing what was Amendments agreed to. accepted as good practice. Unfortunately, the 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2307 guidelines had been worked out, and, when a whole raft of guidelines with which they have the land-holders complained, they were told to comply. The Government could hold bonds that these people had to do this, that and the and securities and defaulters would forfeit other thing. The reality was that these things those. That is not the case at the moment. were not being done. This problem was We are working through the guidelines in universal. consultation. We have clearly articulated in the I tended to find that if a major company new section, which I am shortly going to move, was involved, the company was quite genuine what these guidelines encompass in terms of and wanted to see the guidelines adhered to. the requirements that have to be met. They Quite often, the problem was that subsidiaries will be a statutory instrument and they will have or contractors who had financial commitments the force of regulation, but they will not be were not so respectful of land-holders' rights disallowable. and left gates down, made dust or dug holes Mr Slack: What does the force of the and did not refill them. regulation mean, then? They are statutory but It was easy to say that land-holders had they are not disallowable? In other words, they recourse to the law and that they could force are not open to challenge? the mining exploration company to come back Mr ELDER: A statutory instrument can and fill the hole. In many cases, because of encompass a whole range of things—a the lack of financial viability of the contractor, regulation, an order in council, a rule, a that work was not done. Unless one talked to statute, a proclamation, a notification of public the land-holder, one did not understand that notice, a standard of public notice or a that was happening because the company guidance. They will have the force of law but would say that it was doing all things they will not be disallowable in the Parliament. necessary. Mr SLACK: The meaning of the words I notice that the Minister refers to the "the guidelines are statutory instruments under guidelines as statutory instruments under the the Statutory Instruments Act 1992" has not Statutory Instruments Act 1992. I understand been sufficiently clarified to the organisations that that means that they come in as a with whom the Minister has spoken. Because regulation and can be disallowed by this the guidelines have not yet been accepted, Parliament. I ask the Minister to confirm the organisations affected are not able to whether that is the case, because apparently challenge the guidelines in this Parliament if, in there is some apprehension amongst the some way or other, the Minister does not groups that he talked to—specifically deliver in good faith. There is no check and Agforce—as to whether that will apply. The balance there. The Minister simply says, "Take groups are very supportive and they want a my word. Trust me." situation where the guidelines, when developed, can come in as a regulation and Mr Elder: That's right, trust me. be disallowed. That gives people an Mr SLACK: I heard Paul Keating say that opportunity to have a check in the system. I on the air about native title implications for ask the Minister why he will not do that in order pastoral holdings. He said there was no way to protect his own integrity. These people are that the legislation did not protect pastoral suspicious. The guidelines are not in the holdings, etc. Some people argued about that Parliament at this point in time. What check will and were told that they were scaremongering the land-holders, the Opposition and other and were raising irrelevant questions. We interested parties have? found out later that what Paul Keating said Mr ELDER: The honourable member was not the case. We need checks and talked about not acting in good faith. The balances to ensure that people's rights are set reality of life is that the provisions in this Bill are in concrete. The ultimate setting in concrete is far more onerous because the Coordinator- a referral to this Parliament. General can hold bonds in relation to these Mr ELDER: We are going around in matters. We have put in far more onerous circles. The fact of the matter is that, in relation provisions on the private sector. Then, to be to when the Government acts, it is not a quite blunt, we put further onerous provisions provision now. Through these guidelines, we on ourselves. With the bonds that the are putting onerous conditions on any of these Coordinator-General can hold, and with the people who are going to get involved in security deposits, we have made sure that a developing public infrastructure. If the statutory whole process is in place in which there is instruments are not obeyed, then the court will contact and negotiation in relation to the use direct them to be obeyed. The point is that of the land. The investigators themselves have there are more guidelines being put into this 2308 State Development and Public Works Organisation Amendment Bill 9 Jun 1999 legislation in relation to this matter than there I have seen a previous Labor are that apply to the Government now. Government con the public in such a way. In The member is going around in tortuous that instance, one would have expected that circles. I could name a whole raft of projects those provisions would have been disallowable that have been provided by the Government by the Parliament. However, upon reading the where these conditions do not apply. The fact document, it turned out that that was not the of the matter is that, in the discussions that I case. Therefore, I appreciate the concern of have had with the industry groups, I have the member for Burnett and the concerns of found that they are well aware of the the groups who have contacted him in relation guidelines and how they will be drafted so that to this matter. I am sure that all of those we can meet all of their needs. Once the interest groups believed that any decision guidelines are set down as statutory would have to come back to the Parliament instruments, if there is any disobedience the and the Parliament would have had the final courts will apply them. In terms of an say on it. The Parliament will not have a say investigation into the use of land, there are a on this matter whatsoever. That is the reason raft of requirements that investors have to why the Opposition is so opposed to it. meet that local government does not meet Question—That clause 15, as read, stand now under the IPA. The member's argument part of the Bill—put; and the Committee just amazes me. divided— Mr BEANLAND: I have listened to the AYES, 42—Attwood, Beattie, Bligh, Boyle, Braddy, Minister's comments in relation to this matter. I Bredhauer, Briskey, Clark, J. I. Cunningham, have seen the Goss Labor Government go Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, down this track with another issue. On that Hayward, Hollis, Lavarch, Lucas, Mackenroth, issue, the public were conned totally by the McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, Goss Labor Government. I have listened Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, intently and with great interest to what the Roberts, Robertson, Rose, Schwarten, Spence, Struthers, Welford, Wells. Tellers: Sullivan, Purcell Minister is doing, and it is very significant. Anyone reading this Bill would believe that NOES, 42—Beanland, Black, Borbidge, Connor, these guidelines would be disallowable by this Cooper, E. A. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, Parliament. The bottom line is that they are Johnson, Kingston, Knuth, Laming, Lester, Lingard, not—n-o-t—and that is the crux of the matter. Littleproud, Malone, Mitchell, Nelson, Paff, Prenzler, It is all very well for the Minister to get Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, excited and passionate about this issue and Slack, Springborg, Stephan, Turner, Veivers, say that this Bill contains more requirements Watson, Wellington. Tellers: Baumann, Hegarty than are contained in other legislation. The Pairs: Wilson, Pratt; Barton, Goss point is that these guidelines are not The numbers being equal, the Chairman disallowable by this Parliament. Although it cast his vote with the Ayes. might be nice for people to go to court on this issue and the law might be on those people's Resolved in the affirmative. side, the point is that these guidelines are not Sitting suspended from 1 p.m. to disallowable by the Parliament. Therefore, the 2.30 p.m. Minister is saying that, largely, these guidelines Insertion of new clause— are not worth the paper that they are written on. Mr ELDER (2.30 p.m.): I move the following amendment— The Minister can require the Coordinator- General to produce a set of guidelines that are "At page 37, after line 21— acceptable to the public at large. The people insert— involved in the projects might be able to abide 'Insertion of new s 121A by those guidelines. However, there will be no community input into them, because they will 15A. After section 121— not be disallowable by this Parliament. At this insert— moment, the Minister is getting away with 'Coordinator-general must make skilfully undertaking a means of denying the guidelines democratic processes of the Chamber. Every time we see a statutory instrument, we believe '121A.(1) The coordinator-general must that it is disallowable by this Parliament. make guidelines for the processes to be However, these guidelines are going to be followed by proponents and the contained in a statutory instrument that is not coordinator-general for— disallowable by the Parliament. As I say, that is (a) taking land under section 78 for the bottom line. infrastructure facilities; and 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2309

(b) dealing in the way mentioned in This amendment provides for the insertion section 79A with the land taken; and of new section 121A. In one sense, I do not (c) investigating, under part 6, division 6, need to speak to the amendment because the potential of land for infrastructure essentially we have dealt with this under the facilities. debate on clause 15. Just as an aside, I think that the Opposition divided on the wrong '(2) The guidelines are statutory clause. Had I actually called for a division on instruments under the Statutory my side of the Chamber on clause 15, it would Instruments Act 1992. have been negatived, which would have '(3) A guideline made under meant that we would not have had to worry subsection (1)(a) must provide for the about introducing guidelines because that following— provision would have been overridden by the vote in the Parliament. I assume that the (a) the giving of notice, including public Opposition will divide on this amendment. notice, about the proposed acquisition of the land; Mr SLACK: I take the Minister's point and I think that he could be right. I will not say that (b) that the notice must state that it is he is right in case I give the wrong information intended to reach agreement to the Parliament. Obviously the clauses are through consultation and negotiation interrelated. The arguments that I used in to acquire the land, but that if relation to clause 15 apply to clause 15A, only agreement can not be reached, the more so because of the nomination of the land may be compulsorily taken; guidelines of statutory instruments under the (c) notification of the day for starting Statutory Instruments Act 1992. consultation and negotiation for the I am quite serious that this is not a stunt proposed taking of the land, which by the Opposition to question this particular must be at least 1 month after the clause in the expectation that it should be notice is given; subject to disallowance in the Parliament. The (d) a consultation and negotiation period guidelines have not yet been finalised and of at least 4 months; they do not form part of the Bill and are not subject to the scrutiny of the Parliament. (e) that the notice must state the day Therefore, the Minister is expecting us to give the consultation and negotiation assent to something that he has not period ends; produced. I take it in good faith when it is said (f) that there must be at least 2 months that the guidelines are acceptable to the of consultation and negotiation after organisations and they have indicated that. the statement has been published However, as I said earlier, the final draft has in the gazette under not come before the Parliament and the section 78(1C)(a)(ii); Opposition will be opposing the amendment. (g) that a notice of intention to resume Mr ELDER: New section 121A states that the land by compulsory acquisition the Coordinator-General must make guidelines must not be given until 2 months for the processes to be followed by proponents after the consultation and negotiation and the Coordinator-General for taking land; period starts; for making agreements with the proponent for the use and operation of the infrastructure (h) that the holder of an interest in the facility on the land taken; and investigating the land proposed to be acquired may potential of land for infrastructure facilities. The lodge an objection against the new section also states that the guidelines are acquisition at any time after statutory instruments under the Statutory 2 months after the consultation and Instruments Act 1992. That Act provides that negotiation period starts and before such guidelines have the same effect as the the consultation and negotiation regulation. period ends. The amendment also provides that such '(4) Subject to subsection (3), a guideline guidelines must provide for the giving of public made under subsection (1)(a) must be notice about the taking of the land, when that formulated having regard to the notice has to be given, and the periods to be procedures and underlying principles of allowed for notice, consultation and the Mineral Resources Act 1989, part 17 negotiation. Those provisions apply to both and in particular, the obligation for native title and to non-native title. The consultation and negotiation.'.'." guideline formulated is to have regard to the 2310 State Development and Public Works Organisation Amendment Bill 9 Jun 1999 procedures and principles of the Mineral relation to the adequacy of public notice to Resources Act 1989, Part 17. ensure that objection and appeal rights under Question—That the Deputy Premier's the Integrated Planning Act and the Mineral amendment No. 8 be agreed to—put; and the Resources Act are preserved. Committee divided— Amendment No. 10 relates essentially to AYES, 42—Attwood, Bligh, Boyle, Braddy, transitional arrangements. The transitional Bredhauer, Briskey, Clark, J. I. Cunningham, D'Arcy, provisions contained in new section 123 Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, provide for the Coordinator-General to declare Hayward, Hollis, Lavarch, Lucas, Mackenroth, a project to be a significant project where an McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, EIS is being prepared at the time of the Nuttall, Palaszczuk, Pearce, Pitt, Reynolds, Roberts, commencement of this section. A declaration Robertson, Rose, Schwarten, Spence, Struthers, by the Coordinator-General is required, Welford, Wells, Wilson. Tellers: Sullivan, Purcell particularly if the project involves mining, to NOES, 40—Beanland, Black, Borbidge, Connor, notify the Minister administering the Mineral Cooper, E. A. Cunningham, Dalgleish, Davidson, Resources Act that the project is a significant Feldman, Gamin, Grice, Healy, Hobbs, Horan, project. This will enable the proponent to use Johnson, Kingston, Laming, Lester, Lingard, Littleproud, Malone, Mitchell, Nelson, Paff, Prenzler, the provisions in new sections 29R and 29S. Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, New section 123(1)(a) will enable the Slack, Springborg, Stephan, Turner, Veivers, proponent of an EIS already being prepared at Watson, Wellington. Tellers: Baumann, Hegarty the commencement of this section to Pairs: Beattie, Pratt; Barton, Goss complete the EIS as though the new section Resolved in the affirmative. 29 provisions had commenced. It will enable Clause 16— the completed EIS to be treated as an EIS prepared under the new section without the Mr ELDER (2.40 p.m.): I move the duplication of any of the requirements of the following amendments— new section such as the preparation of "At page 38, line 7— reference and public review of the EIS. omit, insert— New section 123(3) ensures that where 'project; and there are rights of public review associated with the application for a project under the (c) the coordinator-general, under Integrated Planning Act, the Mineral section 29B, declares the project to Resources Act or any other Act, any be a significant project. submission made in response to an EIS '(1A) The proponent may complete the prepared under the transitional provisions is to study as if the State Development and be taken as a properly made submission for Public Works Organisation Amendment the project. The provision ensures that any Act 1999 had not commenced.' public notification rights associated with an At page 38, lines 10 to 19— application are retained only to the extent that they have the opportunities to exist. In other omit, insert— words, we had to move transitional ' '(3) Any written submission made about arrangements so that they were covered in this the study is taken to be a properly made legislation. submission for an application for the Amendments agreed to. project if the application— (a) is for a development approval Clause 16, as amended, agreed to. requiring impact assessment under Schedule— the Integrated Planning Act 1997; or Mr ELDER (2.42 p.m.): This Bill now gives (b) is for an approval under an Act other us a mechanism by which we can move ahead than the Integrated Planning Act in terms of the private sector providing public 1997 and the application requires infrastructure. I was surprised by some of the public notification.'." tenor of the debate, in particular by the Amendment No. 9 provides for the crocodile tears in relation to native title and Coordinator-General to determine which of the also by the concerns that supposedly had projects currently undergoing impact been raised by the private sector. Two press assessments are to be significant projects as releases, one from the Australian Industry defined in the new Bill, so that it can be clear Group and the other from the Infrastructure that the standards required for significant Association of Queensland, applaud this Bill as projects have been followed, particularly in smoothing the way for the private sector to 9 Jun 1999 State Development and Public Works Organisation Amendment Bill 2311 provide public infrastructure. I seek leave to "The new legislation will in no way remove the have them incorporated in Hansard. obligation of the private sector to enter into binding offers and contracts with land holders, Leave granted. but it will give confidence to the proponent that State Development Act—Essential for if all else fails, there is a process in place to Investment smooth the way" said Mr Davie. "It will reduce the delays and frustrations that significant The Australian Industry Group is concerned project proponents face in bringing them to about the alarmist nature of debate associated fruition". with the State Development and Public Works Organisation Amendment Act. The new amendments will help infrastructure delivery by reducing the timeframe for their It is evident that once again political point completion, providing certainty to land access scoring in Parliament is a priority over sound and tenure and ensuring that environmental economic policy. studies can be progressed efficiently. Australian Industry Group State Director, Paul "I hope that the Parliament will quickly enact this Fennelly said, "that the legislation is an essential worthwhile and sensible legislation" said Alan plank in ensuring that Queensland is viewed by Davie. "It's the sort of efficiencies and securities investors as a positive location in which to all our members have been seeking for some invest." time" he said. "It is essential that the community appreciates The Infrastructure Association of Queensland is that the State is competing with the world in the an organisation of nearly 100 member firms all attraction of foreign investment. We must adopt involved in some way in the development, an aggressive 'can do' approach to this issue. It design, construction, financing, owning and is essential that we provide an environment management of major public infrastructure. Its which can deliver both certainty and quick principal role is to provide a voice for the results to investors. The State Development private sector through positive interaction with Act is a major step in positioning Queensland as Government and to be a forum for the a world competitive location", Fennelly said. dissemination of ideas and projects relating to The Australian Industry Group believes that the infrastructure amongst members, government legislation is equitable and that there are a and the community. considerable number of steps which must be Schedule, as read, agreed to. followed before the land acquisition powers of the Co-ordinator-General can be activated. Bill reported, with amendments. "In our consultations with the Government they were at pains to ensure that individual rights and reasonable steps to protect such rights Third Reading were a feature of the legislation." Hon. J. P. ELDER (Capalaba—ALP) The Australian Industry Group calls on the (Deputy Premier and Minister for State Parliament to focus on the economic benefits to Development and Minister for Trade) (2.45 the State as a result of this legislation. p.m.), by leave: I move— "That the Bill be now read a third Infrastructure Smoothing Applauded time." "The Infrastructure Association of Queensland Question—That the Bill be now read a applauds the efforts of the Beattie government third time—put; and the House divided— to smooth the mechanism by which 'significant AYES, 42—Attwood, Bligh, Boyle, Braddy, projects' of public infrastructure are brought to Bredhauer, Briskey, Clark, J. I. Cunningham, D'Arcy, fruition" Alan Davie the Chairman of the Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, Association said today. "The proposed Hayward, Hollis, Lavarch, Lucas, Mackenroth, legislation to amend the State Development and McGrady, Mulherin, Musgrove, Nelson-Carr, Nuttall, Public Works Organisation Act is indeed timely Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, and needed" he said. Robertson, Rose, Schwarten, Spence, Struthers, He said that he hoped that the Bill would Welford, Wells, Wilson. Tellers: Sullivan, Purcell achieve by-partisan support as it would enable NOES, 41—Beanland, Black, Borbidge, Connor, the private sector to become vigorously Cooper, E. A. Cunningham, Dalgleish, Davidson, involved in the process of the public Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, infrastructure development, knowing that it had Johnson, Kingston, Knuth, Laming, Lester, Lingard, a fall back position if a stalemate occurred in its Littleproud, Malone, Mitchell, Nelson, Paff, Prenzler, normal process of land acquisition. Quinn, Rowell, Santoro, Seeney, Simpson, Slack, "The link between infrastructure and economic Springborg, Stephan, Turner, Veivers, Watson, growth has been clearly shown," he said, "and Wellington. Tellers: Baumann, Hegarty whatever we can do to ensure that major Pairs: Beattie, Pratt; Barton, Goss projects proceed smoothly, will assist our economy". Resolved in the affirmative. 2312 Industrial Relations Bill 9 Jun 1999

REVOCATION OF STATE FOREST AREAS preferred site; thirdly, that the proposed use is Hon. R. J. WELFORD (Everton—ALP) in the broader public interest; and, fourthly, (Minister for Environment and Heritage and that Powerlink has carried out environmental, Minister for Natural Resources) (2.52 p.m.): I economic, social and cultural heritage move— assessments of the site and developed management plans for the project to address "(1) That this House agrees that the any adverse effects. Proposal by the Governor in Council to revoke the setting apart and Powerlink has also acquired all pre- declaration as State forest under the existing rights and interests over the land, Forestry Act 1959 of all those parts of including native title rights and interests. I State forest 154 described as Lot 1 therefore support the proposed revocation on plan SP110633 and Lot 3 on plan action and commend the proposal to the SP115376 and containing in total an House for approval. area of 27.9182 hectares; Hon. T. McGRADY (Mount Isa—ALP) be carried out; and (Minister for Mines and Energy and Minister Assisting the Deputy Premier on Regional (2) That Mr Speaker convey a copy of Development) (2.55 p.m.): It is my pleasure this Resolution to the Minister for and joy to second the motion. submission to His Excellency the Governor in Council." Hon. V. P. LESTER (Keppel—NPA) (2.56 p.m.): The Opposition supports this This proposal makes provision for the motion. The reason is that we have carried out revocation of approximately 27 hectares from a very detailed assessment of the pros and State Forest 154, which is located about 40 cons of it. It is very, very clear that the proposal kilometres west of Millmerran. As members for the use is in the broader public interest and would be aware, Queensland is to be that Powerlink has carried out environmental, connected to the national electricity grid economic, social and cultural heritage through construction of an interconnector assessments of the site and has developed which extends north and east from the border management plans for the project to address near Texas to connect the existing any adverse effect. There really is not any Queensland grid at Tarong. The interconnector point in saying a great deal more in the route traverses part of State Forest 154 in the interests of time and in the interests of the parish of Bulli. issue. It is clear cut. Because of that, we Powerlink, as the constructing authority, support the revocation. has sought about 27 hectares of the State Motion agreed to. forest to allow for the construction and access of a substation, which is an essential component of the project. As part of the INDUSTRIAL RELATIONS BILL process to identify the preferred site for the Second Reading substation, Powerlink has undertaken environmental, economic and social impact Resumed from 25 May (see p. 1838). assessments and cultural heritage studies, Mr SANTORO (Clayfield—LP) (2.57 p.m.): and has developed environmental work plans The Opposition will be opposing the Beattie covering erosion, flora, fauna, habitat and Labor Government's Industrial Relations Bill weed control. Investigations by my Department 1999. The Opposition will be opposing this Bill of Natural Resources and DPI Forestry have for many varied reasons which are all good. determined that the site has limited forest Those reasons include— values. the Bill before us is bad legislation which I do not support the revocation of land replaces perfectly good and effectively from the forest estate for alternative uses working legislation; unless it can be clearly demonstrated that it is a Bill which will inexorably undermine there is no alternative site available for the the job creation potential of Queensland purpose and that the proposed usage is in the business; broader public interest. In relation to this proposal, I am satisfied, firstly, that the it will do so because it is anti-business proposed substation is an essential legislation and, in particular, anti-small component of the interconnector project; business legislation; secondly, that investigations have determined it is a Bill which unashamedly favours the this particular site to be technically superior for union movement of this State above and the purpose and, therefore, the Powerlink beyond small business; 9 Jun 1999 Industrial Relations Bill 2313

it is a Bill which seeks to change the In addition to these so-called reforms, the balance of power in favour of one union Beattie/Braddy Industrial Relations Bill is at the expense of another; introducing to the IR system of this State a the union which this Bill seeks to favour is pervasive layer of involvement and an extreme, Left Wing, anti-business and lawyer-friendly mechanisms which will make often law-breaking union; the State system more expensive, more bureaucratic and, therefore, less attractive for the Bill represents a tool which is being small business to participate in. That particular used to settle union scores; change being introduced into Queensland has it is a Bill which will precipitate industrial the support of absolutely none of the major warfare between monolithic and bitter players, including some of the union people union rivals, warfare which will demolish who are sitting in the gallery and who I know business investment confidence and drive argued incessantly with the Minister. But offshore and interstate major job creation because it is payback time to the , this projects and investment; and particular provision will go through. The it is a Bill that pitches Government Opposition will talk more about that later on. Ministers against the Premier and vice These are only a few of the reasons why versa and will undermine the political the Opposition will be opposing this absolutely stability of this State. dreadful piece of legislation. As members on Mr Schwarten: The world will come to an this side of the House rise to participate in the end! debate—— Mr SANTORO: Clearly the world will not Mr Reynolds: Where are all your come to an end. However, it clearly will be a supporters? world that will be much less attractive, Mr Nuttall: They are behind you. particularly for small businesspeople and their employees, to live in. Mr SANTORO: I assure honourable The Bill clearly changes the industrial laws members opposite that they will all be in here as they currently stand in this State from being in due course. I can assure them that they will fair and balanced for all the parties in the be making contributions, one by one, over industrial relations system to clearly favouring quite a number of days. Undoubtedly they will the unions of employees' interests over the add to the very potent reasons I have already interests of the job creating small business stated for opposing this Bill. Of course, there community. are many other reasons which will be covered by the speakers from this side of the House. The unreasonable favour being extended Clearly, what I have already outlined is to the unions takes on many insidious forms, sufficient to convince anyone with any sense including providing for: the abolition of the of decency to oppose this Bill in the most coalition's unfair dismissal laws; almost strenuous way possible. unlimited rights for unions to enter into the premises of businesses when they like and for The coalition is proud to boast that one of whatever reason they choose; the automatic its greatest achievements in Government was right of unions to intervene at every stage of the introduction of the legislation which gave an agreement making process within Queensland an industrial relations system that Queensland workplaces without warning, let was fair and visionary. The industrial relations alone prior arrangement; the reintroduction, system which the coalition Government put in almost by stealth, of union preference in place and which is still in place today, but not Queensland workplaces; and, I believe, the for much longer, has served Queensland well commencement of the death of freedom of and should be allowed to serve Queensland association, which employees have enjoyed well. within this State since the coalition's Workplace Government members interjected. Relations Act was introduced. The Bill before us includes the abolition of many of the Mr DEPUTY SPEAKER (Mr Reeves): democratic and accountability mechanisms Order! which currently govern the operation of Mr SANTORO: It is a system which industrial organisations, and in particular encourages more harmonious relations unions. These provisions and many others between employers and employees by undermine local and international business stressing cooperation and common goals confidence in the Queensland economy and rather than conflict. It enables people to work they send a very bad signal to would-be local more productively while enjoying greater job and international investors. satisfaction and higher standards of living. 2314 Industrial Relations Bill 9 Jun 1999

For those honourable members who were resolution mechanisms for cooperative and too preoccupied with interjecting to hear what I complementary arrangements with the Federal have been saying, I am actually talking about system; the Queensland Industrial Relations the coalition's industrial relations legislation. It Commission to establish minimum conditions provides the flexibility that business requires to to conciliate and arbitrate disputes and to be efficient and innovative in order to consider unjust dismissals; the Queensland effectively respond to changing customer Industrial Relations Commission to have demands and increased competition. It regard to the state of the economy, efficiency ensures that genuine safety net protections and productivity of industry; employer and and the notion of a fair go all round underpins employee associations to have rights of moves to greater flexibility. It promotes representation, with individuals to have certain sustainable economic growth, job and training rights of access to the Queensland Industrial opportunities and national and international Relations Commission; an Employment competitiveness. This last feature of the Advocate—at least, it was there until it was coalition's IR system is one which has abolished through a previous amendment to continued to deliver in the key area of jobs and the Workplace Relations Act—to provide it has enabled the Beattie Labor Government advice on agreements and to support the to boast of continuing jobs growth in this State. recovery of entitlements; the Employment Advocate to be integrated with the industrial Ours is an IR system which respects the inspectorate, therefore increasing the basic God-given rights of all the people within efficiency of departmental processes; the system and denies special interest groups, deregistration as an option for serious unlawful be it business or unions, any special legislative or irresponsible activity by industrial favour. It is an IR system which seeks to organisations; greater emphasis on grievance advance the interests of all in the system, not procedures; access to compensation for third just the interests of mates and the friends of parties who suffer loss from union action. the Government of the day, irrespective of which Government it may be. The coalition's industrial relations system and the legislation which is sought to be The coalition's legislation is fair and repealed also provides for speedy balanced. At the outset of the debate it is enforcement provisions to deal with the failure worth while outlining its basic provisions, many by parties to obey orders of the Queensland of which this Government is about to abolish. Industrial Relations Commission. We will come The coalition's legislation provides for: a choice back to that later in the debate as we talk of awards or agreements, with awards acting about this Government's attitude to that as safety nets; the availability of voluntary particular provision during the CFMEU agreements to all enterprises, regardless of incidents at Gordonstone and Sun Metals. The size; the right of employees to negotiate House can see that the coalition's industrial enterprise agreements using union relations system and legislation are very fair. representatives, private advisers or employee They do not favour one side or another in the committees; collective agreements to have the system and they contain many provisions concurrence of a majority of employees; which demonstrably have underpinned the agreements to be subject to minimum workability of the legislation that we are standards through a no disadvantage test; discussing. enterprise agreements to override awards and There are many aspects of the legislation continue until replaced or terminated; that I could be touching upon in this agreements to be varied only on the request contribution. Unfortunately, because I have of all parties; agreements to apply only to only one hour available to me, at least during parties and non-binding consenting parties; this part of the debate, I have chosen to focus agreements not to influence awards; on three or four of the major provisions which mechanisms to resolve disputes during are being tampered with by the Bill before us agreements; wages to apply to awards, with today. I will talk later about some of the provision for the Queensland Industrial Relations Commission to set minimum wages reasons for the introduction of this legislation. in award-free areas; emphasis on conciliation Mr Musgrove: I will move that your whole and capacity for parties to use private speech be incorporated in Hansard. mediation as an alternative to the Queensland Mr SANTORO: Actually, I would not mind. Industrial Relations Commission; the option of I could just about accept that recommendation consent arbitration; provisions to protect the that the speech be incorporated in Hansard. community from industrial action involving Then I could continue to talk anyway. We are essential services; awards to contain dispute talking about major legislation and I am quite 9 Jun 1999 Industrial Relations Bill 2315 happy to oblige honourable members if they significant protection for employees. The really want to try me on. bargaining agent for an individual employee, What I wish to emphasise at this point is for example, could be a union. And before the that the coalition's legislation provides choice Enterprise Commissioner approved a QWA, for the parties within Queensland she had to be satisfied that an employee had workplaces—the most essential parties being genuinely consented to its terms. Provision employers and employees. The provision of was also made for a 14-day period when the choice is particularly important in the vital area QWA could be reviewed before it was signed. of agreement making. Within the coalition's And of course, the no disadvantage test also Workplace Relations Act, the agreement- had to be applied by the Enterprise making options are varied and fair. There is Commissioner prior to approving the QWA. I provision for the making of collective am talking past tense because the QWA agreements in the form of certified provisions within the coalition's IR legislation agreements directly between employers and have already been gutted by an earlier unions or directly between employers and amendment to the Workplace Relations Act employees. 1997. The agreement-making process for What the legislation before us today does certified agreements is underpinned by is to further emasculate the weakened QWA democratic principles, such as the provisions which are retained in the endorsement of the agreements by the Beattie/Braddy Industrial Relations Bill 1999. majority of employees. It is underpinned by the The legislation before us places an irresistible availability of choice for the parties to invite emphasis on collective agreement making union participation. I stress that. The process, within Queensland workplaces—with all of the however, does not provide for unwarranted, scope for union intervention which it provides unlimited, undesirable union intervention at at every step of the agreement-making every stage of the process, as was the case process including, at the approval stage, when under the Goss Labor Party legislation and as it is before the Queensland Industrial Relations again will be the case after the Bill before us Commission. But more will be said about this today is passed by the Parliament. The by other speakers in the debate. Needless to process provides for protection of employees' say, all that I can add in terms of the fairness rights and conditions through the of QWA provisions is that a good number of entrenchment within the legislation of them were, in fact, rejected by the Enterprise minimum standards and processes, such as Commissioner when they were placed before the application of the no disadvantage her for her approval, and they were rejected test—the no disadvantage test which is because, clearly, they were not up to scratch in applied by the powerful and independent terms of what the legislation wanted them to umpire, the Queensland Industrial Relations be. As a result of that, they were sent back to Commission, which, in our legislation, the parties for further negotiation, and the maintained all of the powers that were previous industrial arrangements applied until previously enjoyed under the Goss Labor that QWA—or any QWA in question and legislation. I again state that the powers are rejected—was reworked. undiminished within the coalition's IR The Workplace Relations Act 1997 also legislation compared to what they were under contains many other provisions which are fair the Goss Labor Party's legislation, despite to all parties within Queensland workplaces scurrilous and intellectually dishonest claims and which are to be substantially changed or made often by honourable members opposite abolished by the Bill before us today. One and others outside this place. Of course, the worth mentioning here at this stage of the coalition's legislation allowed for the making— debate are the right of entry provisions. The the unfettered making—of Queensland Goss Labor Government legislation allowed workplace agreements between individual union right of entry to any workplace where the employees and employers. The QWA-making work carried out was covered by a registered provision aimed to provide Queensland calling of the union. In other words, a union business, particularly small business, with the had a right to enter anywhere it had real opportunity to introduce greater and often employees eligible to join that union, essential flexibility into their operations through regardless of whether it actually had members tailor-made agreements which took into in the workplace. There was no legislative consideration the specific circumstances of the requirement to provide notice to an employer businesses in question. of the intent to enter. However, there was a As for certified and collective agreements, requirement to forthwith on entry give notice of the QWA-making process provided for the officer's presence to the employer—even 2316 Industrial Relations Bill 9 Jun 1999 though that last provision, of course, was of no dismissal laws. I wish to briefly outline the godly use to an employer, particularly a small unfair dismissal provisions within the coalition's businessperson who, all of a sudden, had legislation. These provisions give clear been presented with the presence of an recognition that unfair dismissal laws under the uninvited union official. Goss Labor Government created a great deal This situation was, as I have just of anxiety, especially in the small-business indicated, totally unacceptable, and the sector. As a result, a lack of business coalition, when it came to power, made it a confidence was created to engage new staff, priority to fix up this extremely anti-business with the result that unlawful dismissal laws industrial practice. The coalition's Workplace served neither the interests of employees nor Relations Act again made reasonable and employers. I will outline shortly the impact on balanced provision for union entry into employment during the Goss Labor Queensland workplaces, including right of Government. entry in workplaces where a union has The coalition Government moved, in its members—in other words, where it was legislation, to restore a fair go all round in the deemed to be a relevant workplace; the area of unlawful dismissals and thereby registrar was able to issue a certificate—and provided a much wider boost to small business still at this stage can issue a and employment opportunities. The coalition certificate—confirming that it is a relevant legislation established an unlawful dismissal workplace, if necessary; the certificate must be process which is fair and simple for both produced if requested by the employer; at employees and employers. By that I mean least 48 hours' notice to the employer of that it provides a workable process which intention to enter was also provided for on provides a proper balance between the merits application by the union; and the registrar may of a case and questions of procedural fairness waive the notice period for urgent reasons if when considering whether a dismissal is lawful. the union was able to demonstrate that there Also, the coalition's unfair dismissal process were valid reasons. Again, I am talking about encourages the timely conciliation of disputes the registrar—part of the independent and discourages the improper use of arbiter/umpire of the Industrial Relations commission proceedings by expanding the Commission. grounds on which costs may be awarded. This The legislation that I am talking about discourages claims being drawn out also provides right of entry provisions which unnecessarily by either party so as to allow industrial officers to inspect time and disadvantage the other. So, clearly, the wage records of member employees or coalition's legislation provides a fair and simple employees eligible to become members, process based on the principle of a fair go all interview employers about compliance matters round, a balance between the merits of the and interview employees together or case and the questions of procedural fairness individually during non-working time. An and an emphasis on conciliation whereby the employee can advise their employer not to commission plays a role. reveal their time and wages record to a union These unfair dismissal laws have been officer or particular union officer. Again, that is working very, very well. I will come back to this a right that has now been denied. Inspection point later. Not one case of abuse of these of time and wages records in relation to a unfair dismissal laws has ever been presented QWA under coalition legislation can only occur in this Parliament, in the media or in any other with the written permission of the employee. forum since that legislation has applied. The Again, that is a right that has now been denied Minister—who was then the Opposition under this legislation. I am sure, as I have said shadow Minister—never once asked me a before, that most reasonable people would question with a view to embarrassing me, as agree that these are equitable and fair the Minister, about the detrimental effect of provisions which, in the main, are being the unfair dismissal laws that I have just abolished by the Beattie/Braddy Industrial described. Never once did he ask me a Relations Bill, which we are debating today. question, and never once did a union bring to And again, business—particularly small the attention of the media or the Industrial business—will be subjected to the harassment Relations Commission a case where it was the that used to be their regular and, in some coalition's unfair dismissal laws that were not cases, almost daily experience prior to the working. Now, I acknowledge that there were introduction of the coalition's Workplace unfair dismissal cases brought before the Relations Act 1997. commission. But that is because it does not Another major alteration to the industrial matter what system we have, there will always relations laws of this State relates to the unfair be people who will abuse the laws of the day. 9 Jun 1999 Industrial Relations Bill 2317

But that does not mean that any unfair Obviously, the unions have had their way and dismissal cases that were brought before the have obviously dominated the legislative commission were the result of the coalition's process when it comes to this part of the Bill. unfair dismissal laws. If that had been the There will be more said about this later on by case, I would have had the unions writing to other people who will be participating in this me and the then shadow Minister questioning debate on this side of the House. me in Parliament—which he never did—on this matter. And, to the best of my knowledge, not The coalition's Industrial Organisations Bill one case was brought before the Industrial of 1997 also abolished those insidious Relations Commission. provisions within the Goss Labor Party industrial relations legislation which prohibited What I have outlined to date have been genuine freedom of association. The coalition some, but not all, of the major provisions within did support, and still fully supports, freedom of the coalition's Workplace Relations Act of association principles. We on this side of the 1997—most of which are about to be either House believe that employers, employees and drastically changed and diminished or totally independent contractors should not be abolished. Of course, the coalition subjected to discrimination or victimisation Government did enact another Act of because they are or are not members or Parliament called the Industrial Organisations officers of industrial organisations. Act of 1997 which deals with the operations of industrial organisations. As a result of this commitment to principle This Act, through the provisions of this Bill, within the coalition's Workplace Relations Act is being totally repealed and incorporated in and the Industrial Organisations Act, all the Beattie/Braddy Industrial Relations Bill references to compulsory unionism and union 1999. Within the Industrial Organisations Act preference clauses were abolished. Parties the coalition introduced provisions to make all within the industrial relations system— industrial organisations—employer and union particularly employees and independent organisations—more accountable to their contractors—were given back their God-given members by implementing many of the right to freedom of association, and the recommendations of the Cooke inquiry. The Industrial Organisations Bill provides protection provisions which aim to prevent the abuse of for the rights of employees and others, moneys and power which the Cooke inquiry including independent contractors, to join or revealed—and about which we will talk later on not join an industrial organisation, and during this debate—provide for the financial prohibits actions by both employers and accounts of industrial organisations to accord industrial organisations which would amount to with Australian accounting standards as victimisation of, or discrimination against, appropriate; require industrial organisations to employees on various grounds, including include information in statements of income membership or non-membership of an and expenditure for each purpose for which organisation and involvement or non- levies or contributions are collected; provide for involvement with an organisation or in model rules for the conduct of elections; industrial action. provide that the rules of an industrial The object of these provisions is to ensure organisation must provide for an annual that employers, employees and independent general meeting where, if the meeting takes contractors may join or not join industrial the form of a meeting of elected delegates, no associations of their choice, and to ensure that more than 30% of the total number are to be they are not discriminated against or victimised full-time officials; provide for the salary and because of that choice. The legislation expenses of each elected official to be provides for various penalties for breaches. disclosed in the industrial organisation's Employers and employees can expect a financial statements; provide that candidates considerable amount of coercion to be applied for elections must disclose details of campaign to them by the unions and the officials when funds; and provide that the cost to the the provision contained in this Bill becomes Electoral Commission of industrial organisation law. That provision encourages union elections is to be paid by the industrial membership. If people do not succumb to this organisation. pressure, one does not need to be Einstein to I am sure that most reasonable people figure out the consequences for small outside of this place would regard these as business as a result of union intimidation and reasonable, democratic and accountable pressure. So, effectively, union preference provisions and many of them are being either clauses are back in and freedom of drastically changed or totally abolished by the association is dead. Other speakers will take provisions of the Bill we are debating today. up this point in the debate. 2318 Industrial Relations Bill 9 Jun 1999

Effectively, the freedom of information utterly protect the basic rights, conditions and provisions are being abolished. This will now wages of employees. I have already alluded to make it legal for employees to be encouraged some of these protections. to join a union. How the word "encouraged" is However, what I can say here at this interpreted is anybody's guess. I am sure the stage is this: at no time since the coalition's union's interpretation will differ greatly from the legislation came into effect in early 1997 has interpretation of employers. any member of the Opposition—now the I have been basically describing the Government—brought to my attention, the coalition's industrial relations legislation which attention of the Parliament or the media, a has been in place since early 1997. Other case of abuse of workers and/or employees as speakers in this debate will take up other a result of the coalition's workplace relations or strands in greater detail. Employers— industrial organisation laws. There has not particularly small businesses—have many been one single case. If there had been concerns about the Bill, and I will just list them one—whether it related to unfair dismissals or for the consideration of the Minister's minders QWAs, for example—we certainly would have so that they can finetune their notes. heard all about it. There would have been Mr Braddy: What about for posterity? outcry, strikes, speeches in this Parliament, questions to me as the Minister, media Mr SANTORO: For the benefit of those references and articles and scandal sheets. who will carefully read this debate and for But there were none, and there has not been posterity, this is what small business is one, because the coalition laws were, and still concerned about: the definition of an are, fair laws that advance the interests of employee; unfair dismissals; union entry; union workers and protect their existing rights. When encouragement clauses and freedom of it comes to employment creation, the record of association; a seven-day period within which the coalition Government—operating under the registry must place notice re certified the workplace relations laws that we are agreements; peace obligations reduced to 21 debating today—is one of which we can be days from 28 days; the ability to flow certified proud and one from which the current Beattie agreements into awards; the abolition of Labor Government is still reaping the benefits greenfield site provisions; tenure for the and basking in the reflected glory. Industrial Relations Commission; a full-time It is instructive to see the record of the president of the court; legal representation coalition in relation to employment creation by before the commission; and abolition of the time the Government changed. From the accountability and democratic principles governing unions. Those are some of the time the coalition came to Government to May issues that will be covered by other speakers 1998, 97,700 new jobs had been created in on this side of the House. I suppose I had to Queensland with a record number of be patient and summarise what I believed Queenslanders then in employment. Under were the immediate and major concerns of the coalition Government, there were more employers—particularly small businesses. Queenslanders in work than ever before. Total employment jumped to an all-time record level However, the proof of the pudding is in of 1,616,100 in May 1999. That was in stark the eating. It is instructional to assess what contrast to Labor's last term in office, when impact the coalition's industrial relations 58,000 Queenslanders—and I stress that system has had in areas where key concerns figure for members opposite: 58,000 were expressed by the then Opposition—now Queenslanders—lost their jobs and the Government—when I steered the unemployment soared by 65% under Labor's legislation through the Parliament at the industrial relations laws. In July 1992, the Goss historic sitting in January 1997. The then Labor Government gave Queensland its Opposition expressed much concern about the highest unemployment rate of 11.1%—the coalition's legislation which we are effectively highest since the Great Depression. Compared repealing today including: abuse of to that record, in March 1998 the coalition employees, which it would allow; its negative gave Queensland its lowest unemployment impact on jobs; and increased industrial rate of 8.3%—the lowest rate since July 1990, disputation because of its draconian more than seven years. provisions. Clearly, the coalition's policies had been In relation to the first concern that I have responsible for outstanding employment mentioned, other speakers during the debate growth and clearly one of those policies was its will outline in detail the protections which are industrial relations legislation. Looked at from a available within the coalition's legislation. national perspective, Queensland's These protections are comprehensive and employment growth for the year to May 1998, 9 Jun 1999 Industrial Relations Bill 2319 just before the coalition left office, was 4.3% employees have increased and some of against the national growth of 2.1%. The this is associated with bargaining and State's then projected economic growth for workplace change; 1998-99 was 3.75%, which was well ahead of There are considerable requirements for the national rate of 3%, and in the 12 months consultation with employees built into the to May 1998 under a coalition Government, legislation as it relates to bargaining, 30,200 full-time jobs and 36,000 part-time although the evidence on enforcement of positions were created. In fact, Queensland's these is less clear." growth in full-time employment accounted for 33.2% of the national figure of 91,100, while Honourable members will notice that I am not new part-time jobs in Queensland represented quoting selectively from the report; I am giving 41% of the national total of 87,700. the good comments and the not so good comments in that biased report produced by a Just before the coalition left Government, stacked committee. I will talk about that there was also good news on the youth shortly. The report states further— unemployment front. In May 1998, 15 to 19 year olds seeking full-time employment fell to "Strike action has declined, although 25.3%—the lowest rate since July 1996, a few this seems to be largely the result of months after the coalition came to economic and social factors, rather than Government. So there was record job creation changes in the system; and and record low unemployment rates under a the responsiveness and accessibility of coalition Government operating under the the system is not easily assessed due to coalition's industrial relations laws. Obviously, the lack of evidence." those industrial relations laws worked very well Although the report baulks at coming to a for the job creation prospects of the State. conclusion as to why industrial disputation Mr Johnson: And it is still working well. decreased during the coalition's term of Mr SANTORO: They are still working well Government, let me state the reasons why: and the Premier still basks in their reflected because the unions had no moral or publicly glory. sustainable reason to undertake widespread industrial action. Under the coalition When it comes to industrial disputation in Government, there was record job creation relation to the coalition's industrial relations and record jobs growth, there was a record legislation, again the story is very good. While level of participation in the work force and, the coalition was in Government, Queensland under the coalition's legislation, there were no experienced progressively lower levels of demonstrated or proved cases of abuse. industrial disputation, particularly since the There was absolutely no reason that could be enactment of the Queensland Workplace morally or technically sustained whereby the Relations Act 1997. Queensland went from unions could say to the public that they being the strike capital of Australia under the justified in going on strike. Goss Labor Government to being the State that recorded the lowest level of industrial Why are we changing these laws that gave people jobs and job security and clearly disputation in Australia. The Queensland strike were not being abused by employers, rate decreased steadily from 172 in March although members opposite often seek to 1997 when the Queensland Workplace demonise employers? Before coming to some Relations Act 1997 came into effect to 70 in of the points as to why we are debating this January 1998. That represented a decrease legislation today, I will talk briefly about the so- for the 10th consecutive month and the Queensland rate of 70 for January 1998 was called review of the legislation by the Minister's lower than the Australian figure, which was 73. task force. That task force consisted of an academic as the chair—who also happens to Mr Borbidge: The lowest figures since be the wife of the director-general of the 1913. Premier's Department—three employer Mr SANTORO: Absolutely, the lowest representatives, three union representatives, since 1913. That trend continued through the another academic and two departmental last few months of the coalition term of representatives. One would assume that the Government, a factor even acknowledged by academics would do what academics always the Government's own report resulting from a do. review of the industrial relations legislation in Mr Borbidge: It was pretty broadly Queensland. Page 35 of the report states— representative, wasn't it? "Overall there is some evidence that Mr SANTORO: It certainly was. As the mechanisms for consultation with Leader of the Opposition suggests, the task 2320 Industrial Relations Bill 9 Jun 1999 force was not representative at all. It seems to Mr SANTORO: It is interesting that the me that the small business interest and the Leader of the Opposition makes that point, employer interest were overwhelmed by the because I am sure he will appreciate finding academics, the departmental representatives out how much the AWU donated in 1994- and, of course, the union representatives on 95—$218,540; the ALHMWU, $108,000; the that committee. Clearly, many of the Shop Distributive and Allied Employees recommendations within that report are not in Association, $108,000; the AFMEU/PKIU, any way intellectually or experience-wise $74,000; and the Queensland Nurses Union, sustainable in a small business context. $47,000. In 1995-96 the AWU donated Of course, departmental consultation was $287,000; the CFMEU, $135,000—they got nil. Departmental heads were complaining that into the act that year; and the ALHMWU, the draft legislation was not provided to $142,000. In 1997-98, the campaign year, the anybody of any significance within the Australian Workers Union donated $221,000; Government. Two or three reports were floated the CFMEU, $79,000; the ALHMWU, around the Public Service, but they certainly $153,000; the SDAEA, $130,000; and the were not made available to directors-general. CEPU, $68,000. As for employer consultation, the draft The honourable member for legislation was shown to employers on the Rockhampton interjected earlier and asked Thursday before it went to Cabinet, on the whether it surprised us that unions give money Thursday before it was introduced in this place. to the Labor Party. The answer is that it does Originally the employers were told that they not because we know that they do. However, could not take the draft legislation away for unlike any other entity that donates to the non- comment. Finally, after they objected, they Labor parties, the unions own the Labor Party were allowed to do so. Of course, the Minister and they dictate to the Labor Party what it was not the most easy person to get in contact does in this place. with so that the employers could discuss with Clearly the CFMEU is the big winner over him their concerns about the legislation. When the AWU in this legislation, as can be seen, it comes to union consultation, which I am obviously, through the abolition of the about to go into in some detail, of course the greenfield site provisions. When one looks at right unions were consulted, but, as we have the power structure involved, the CFMEU is heard over the last little while, many of them strongly backed by John Thompson, the were not. secretary of the ACTU in Queensland. Both Basically, we have a union Bill that is the ACTU under his leadership and the designed to enhance union power and to CFMEU are led by strong left-wing unions and entrench union power. One needs to look at union leaders. What sort of people are the reason why this is the case. involved in these unions and union conglomerations? John Thompson is the Mr Schwarten: Be original. fellow who, when the good people opposite Mr SANTORO: I will be original. Shortly I got into Government, said, "To the victors, the am going to start quoting the amounts of spoils." That was despite the fact that the donations made to the ALP by the union victors' vote at the election fell by 5%, but they movement. claimed a mandate. I admit that the non-Labor Mr Schwarten: It's a surprise that unions vote was also significantly affected at the give money to the Labor Party. election, but there is no way that members opposite should have claimed a mandate Mr SANTORO: I went to the Electoral based on the election results. However, that is Commission and purchased the returns by the what John Thompson said. Labor Party to the commission and had a look at what donations from the trade unions go to Of course, the CFMEU is made up of law the Queensland Branch of the Australian breakers. Members need only witness the Labor Party. I found that in 1994-95 the figure assault and the vandalism on Parliament was $1,019,000; in 1995-96, $1,074,000; in House in Canberra, the racial vilification, the 1996-97, $969,000; and in 1997-98, sexual intimidation and the disregard and abuse of Queensland Industrial Relations $1,907,000. In other words, $2m—up from Commission orders in relation to Sun Metals $1m in 1994 to $2m in 1998. When one looks and the illegal picketing at Gordonstone, which at the unions that are giving money, one can was supported and condoned by members in see how the power struggle comes about. I this place. Members need only consider the know that other members—— Full Court's findings on the CFMEU and the Mr Borbidge: In future the AWU might be BLF. In relation to the BLF, the court said that giving a bit less. it made no real attempt to bring about 9 Jun 1999 Industrial Relations Bill 2321 compliance with the commission's order in that fight develop and it will be displayed for all relation to Sun Metals. When it came to the Queenslanders to see over the next few CFMEU and its organiser Michael Ravbar, an months. industrial officer employed by the union in The Opposition is also looking at an Brisbane, and particularly the local organiser outside influence on this legislation, that is the Frank Young, who had the carriage of the influence of the director-general of the CFMEU's compliance with the order, the court department. We will eventually have a very stated— close look at how the director-general of the "Young's activities on the morning of department dealt with the CFMEU when the 22 February fell far short of what was coalition was in Government and what favours required by paragraphs 3 and 5 of the have been returned as a result of those order and Ravbar's instructions to Young dealings. I will say more about that at a later did not constitute substantial compliance stage. with those terms." This Bill provides a shift in the balance of They broke the commission's orders. What did union power. Normally I do not concern myself Bill Ludwig say about the finding of the with union power or any shifts in the balance in commission? He stated— union power. The tragedy for Queensland is "When the actual hearings were on that it is a shift of power from a pragmatic both in the Commission and in the Court, union, in so far as a union can be pragmatic in the government"— terms of jobs and the greater public good, to a union that is clearly unlawful, that abuses the that is, the Beattie-Braddy Labor system and abuses the workers. As a result of Government— the abolition of greenfield agreements, we will "made no submissions, no submissions at see the end of industrial peace and an all in terms of support for the State increase in industrial disputation; the increase Industrial Commission and support for of demarcation disputes between unions, their own laws, so you would have to particularly the CFMEU, the BLF and the AWU; question ..." and open warfare, not only between unions And yet this Bill favours the CFMEU over the but also between unions and the Government AWU. Why is this the case? I will state a few of the State. Basically, that will undermine the reasons and I will go deeper into them later in image of Queensland as an investment the debate. destination. Queensland will not be seen as a State in which overseas and interstate Obviously, Peter Beattie hates the AWU investors can invest with confidence, sure of a and Bill Ludwig. They kept him in the cold for stable political and industrial relations so many years that, basically, he is settling the environment. The people at Sun Metals have score. Beattie owes the CFMEU and the ACTU already told the Government that, and the for their election support and the constant Government knows it. This legislation will place antagonism of those two industrial in great jeopardy the existing investment in organisations to the coalition Government. The Sun Metals. It will also place in great jeopardy AWU was professional enough to work within the expansion of that project. the laws. It is a pragmatic union, which is one Mr Borbidge: It will sink Stage 2. of the reasons that it is favoured by employers in terms of greenfield site arrangements. The Mr SANTORO: It has the potential to sink AWU cooperated professionally with the Stage 2. The Government has been told that, coalition Government. I do not mind saying yet it is still proceeding with this industrial that at the risk of giving Bill Ludwig an even madness in this place. Bill Ludwig will not let worse reputation than he already has. They the Government forget it. As I said not too cooperated because more than any other long ago in this place, he said— Queensland union the AWU understands that "In the fullness of time people will the State rides on jobs. When it needs to come to understand that the ALP was the come to an arrangement and an political wing of the trade union accommodation, it starts thinking about jobs movement. rather than indulging in ideological It's a historical position that I was recrimination. referring to. As history tells us, the ALP Of course, apart from the fact that he grew out of the industrial disputation owes it debts, Mr Beattie favours the CFMEU during the 1890s shearers dispute. because he wishes to undermine his Deputy Others might argue otherwise, but Premier, Mr Elder. I will not go into a long from my union's perspective, we don't political discourse on that issue. We will see want to rewrite history." 2322 Industrial Relations Bill 9 Jun 1999

Bill Ludwig is very mad at the movement purports to represent will get—jobs Government. He has said that the new losses and declining job opportunities. legislation is not workable. He is reluctant to The next time we hear the union say that he will be seeking revenge, but it is movement bemoaning the lack of job security, clear that Beattie has not won a friend in we will know that it can thank this Government Ludwig. He also said that the AWU would have and its bloody-minded ideological commitment to "suck it and see" and that greenfield site to overturning good legislation for job losses. provisions were bad—bad for investment and We have to ask the question: is the union bad for jobs. Asked if he could work with movement legitimately and morally entitled to unions like the CFMEU, he said that it would have so much say? I accept that the Labor be like joining the AFL and the NRL together Party grew out of the union movement and and inventing a new game like hopscotch. that there should be an affiliation or a heartfelt A week or so later, after he had time to connection and perhaps even an intellectual suck it and see, Bill Ludwig spoke with connection. I understand that it provides a lot Spencer Jolly about Peter Beattie. Spencer of intellectual sustenance for the Labor Party. Jolly introduced the interview with the following That is understandable, because of their words: "The Premier is well aware of AWU history. However, let us look at whether that anger at his industrial relations reforms, can really be justified. however just days out from the State Basically, the union movement has been conference Mr Beattie won't budge." The in decline for many years. The Government's Premier said, "There will be no trade-off, there own review shows that even under the will be no side deals." I understand that some coalition's legislation union membership side deals are being desperately attempted as declined. The Government's report identified we speak. We will see how good those side that, under the coalition's industrial relations deals are and precisely who benefits from laws, there was a decrease in union them. Ludwig said, "I don't think there's much membership from 395,400—31% of all fairness in the legislation." The reporter went employees in Queensland—in 1996 to on to say, "The Premier and the Labor Party 394,100, or 30.9%, in 1997. That happened soon may not be able to count on the AWU's under the dreaded, much maligned and, if we $.125m contribution to the party's coffers each listen to members opposite, malignant year." Ludwig said, "It probably has not coalition industrial relations legislation. People deteriorated to that point yet." The reporter were so unconcerned about it that they left the said, "However, rising discontent in AWU ranks union movement; they just did not join. The over the Beattie Government's recent official figures for every union in this State, with decisions could boil over into a call to walk the possible exception of the State Public away from affiliating with the party." Ludwig Service, where there is still an incredible said, "We always have to have their thoughts amount of intimidation to be in a union, show in mind." Ludwig will not forget this. that union membership declined. The Labor This is not just good old union bashing Party has no moral basis for its claims. On 3 from me; I am talking about the undermining May 1999 an article headed "Unions struggle of industrial and political stability in this State. for relevance" appeared on page 10 of the Not only will there be unions against unions, Courier-Mail. In that article, Mr John Thompson there will be unions against the Government of said of union relevance— the day. The message that that sends out to "... for the movement to 'have a voice', potential investors is bad, bad, bad for jobs, unions need to represent at least 40 jobs, jobs. percent of all workers." Later on, a member of the Opposition will Unions have got only 30% membership now. make a very substantial contribution in relation to the survey which the QCCI conducted and Mr Borbidge: And dropping. published. But the news in that survey is all Mr SANTORO: And it is dropping. bad. This morning I heard the Treasurer attack According to the definition of "relevance" given it viciously. Obviously, he has not read the by the ACTU boss in this State, the unions do survey. When it is quoted by other members not have a voice. on this side of the House, he will realise that 37% of all employers who responded to the Mr Borbidge: Rejected by 70% of survey—it is a representative survey, and we workers. will give the details of it—will be laying off Mr SANTORO: That is right. Under the people. That is the legacy—the gift—of this coalition's industrial relations laws, the unions legislation to the union movement. That is the were not only rejected but also not embraced real present that the people whom the union by the vast majority of the work force. Before I 9 Jun 1999 Industrial Relations Bill 2323 make the most telling point about the union least 40%, which John Thompson identifies as connection to this Bill, I will make another the relevant threshold. We will speak about point. On 29 May 1999 an article appeared on what the Government is doing and we will page 12 of the Australian Financial Review know that what we say is already supported by headed "Workplace laws erode union power". the majority of Queenslanders, particularly the It went on to describe how the coalition's small business sector, which employs the Federal and State industrial relations laws, majority of Queenslanders, and we will win the because they actually give people a choice as moral and intellectual argument. to whether or not they want to associate with a A little while ago I was almost thinking union of employees, resulted in people walking about getting out of politics. I will tell away from unions because we gave them that honourable members one of the reasons that I choice. decided to stay involved and to hang around Another interesting article in the Australian for the long term. It was not so that I could get Financial Review summarises some research even but to do good things again in this area. into the area, which is very abundant. The It was also because of this Bill, when it was article is headed "Service-oriented unions fare introduced by this Minister. I will hang around. I better" and states— will give Government members one guarantee: "The researchers, Dr Richard Hall and we will fix the industrial relations system of this Dr Bill Harley, found that by the mid-1990s State again, but next time permanently, when just over a quarter of Australian unions the people give us a chance to fix it. had adopted this service-oriented Mr ROBERTS (Nudgee—ALP) approach, which treats union members as (3.57 p.m.): This Bill restores some fairness consumers by: Providing non-industrial and balance back into the industrial relations services ..." system, which is in stark contrast to the attack The unions have lost the battle in terms of dog and armed security guard approach industrial relevance. These days they need to fostered by the coalition. Who can forget the offer financial advice, training and discounts on Rottweilers and the thugs who stood on the goods and services to attract members. They wharves at Hamilton, in the electorate of the are no longer providing core services—a member for Clayfield, during the Patrick responsibility with which they were entrusted by dispute? Who can forget the urgings by the their original members and whom they served member for Clayfield and the coalition in faithfully until 20 or so years ago, when they respect of the work undertaken by Patrick started becoming irrelevant because all they during that dispute? This Bill changes all of were interested in was pursuing ideological that and, as I said, restores some balance and agendas. That is why the Courier-Mail, small fairness back into the system. It is a positive businesses and all other decent, freedom step towards a fairer and a more transparent loving, thinking Queenslanders will hate this industrial relations system. Bill. The Opposition often engages in negative It does not matter what Government campaigning on unions. The member for members say in here, because we will go out Clayfield gave us an example of that. He said and say that we will repeal what they are doing that he did not dislike unions. However, the in this legislation when we are back in last 20 minutes of his speech was effectively a Government. That is what we will say and union-bashing exercise. publish. It does not matter how much Mr SANTORO: I rise to a point of order. I Government members try to mock or denigrate find the comments that the honourable us, because they will not be able to come up member made in relation to my comments with an intellectually sustainable argument to about unions untrue, and I ask him to withdraw justify their laws. Under the coalition's industrial them. relations laws there was massive employment Mr DEPUTY SPEAKER (Mr Mickel): growth and a massive participation rate. They Order! The honourable member has asked for never once came into this place and a withdrawal. questioned the former Government or me, when I was the Minister, about abuses. That is Mr Schwarten interjected. because they were not occurring. The reason Mr ROBERTS: I said that—— this Bill is here is to give unions entrenched Mr DEPUTY SPEAKER: The member has legislative monopoly power so that they can asked for a withdrawal. become attractive; so that they can have the power to enforce compulsory unionism to Mr Schwarten interjected. boost their membership from 30% back to at Mr Santoro interjected. 2324 Industrial Relations Bill 9 Jun 1999

Mr DEPUTY SPEAKER: Order! The small businesses are covered by certified Minister will refrain from interjecting, as will the agreements. So there is a significant reliance member for Clayfield. on awards in terms of the establishment of Mr ROBERTS: I withdraw the comment. wages and conditions out there in the workplace. The legislative response of the coalition in this place highlights the basic distrust and The fact is that the award system has dislike it has of unions. Some of the examples been withering on the vine since the focus has are clearly highlighted in the Workplace been placed more specifically on enterprise Relations Act. Firstly, it limited the role of the bargaining and individual contracts. That may commission in resolving disputes and, have suited many employers because many consequently, the ability of unions to seek wages and conditions in awards have lagged peaceful resolution to disputes. It limited the behind standards that have been set through access of unions to workplaces. It sought to the collective negotiations. It has led to a marginalise unions in the agreement making growing inequality between organised and industrial process generally. In particular, it workplaces and workplaces where collective focused its efforts on concentrating industrial negotiations were difficult. That has been to relationships down to a one-on-one employee the disadvantage of many, many workers. versus employer arrangement, primarily The issues paper of the task force that through the attempt to foster individual the Government set up cites that since 1992 contracts. employees covered by enterprise agreements A recent instance of the rampant anti- in Queensland have had a wage increase of unionism in the coalition was demonstrated between 15% and 20% above the award rates through the almost hysterical arguments put of pay. In contrast, employees who have had access only to arbitrated safety net by many coalition members during the debate adjustments at the award level have had only on the mining industry health and safety a 10% increase in that same period of time. legislation in which there were genuine Another interesting factor in the task force attempts to directly involve unions in the health report was that most small businesses were and safety processes in the mining industry. generally content with the award system. That Thankfully, this Bill reverses the trend is entirely understandable because, provided established and entrenched by the coalition. the wages and conditions are clear and the As I have said and as many members on this award provides an allowance for appropriate side will say, it restores some fairness and flexibility, it is probably the most convenient balance back into the system. and practical device for small business to set I want to talk about some of the positive wages and conditions for their employees. It is aspects of trade unionism. I am proud to also the most practical way to provide some declare my long association with the trade protection to employees who are unable or not union movement. I spent 10 years as an in a position to bargain effectively with their industrial officer for the Electrical Trades Union employer. and the vehicle builders union and also as a In a nutshell, awards are a great health and safety training officer for the ACTU, equaliser. They provide a fair means of or what is now known as the Queensland underpinning the employment contract Council of Unions. I am proud of my between employers and employees, and this involvement with the trade union movement Bill enhances the ability of awards to continue and of the achievements of the trade union in that important role. Some of the key movement, and I am proud to be part of a features in the Bill include a requirement for Government that is putting some fairness back the commission to review awards every three into the industrial relations system as well as years. There is a requirement for the making changes that will benefit workers commission to ensure that awards provide for across this State. relevant and fair wages and conditions in the I wanted to highlight just a couple of key context of general community standards. It features in the Bill during today's debate, in also includes the provision which enables particular the restoration of the awards system. unions to have the capacity to argue that Awards used to be and still remain the conditions that have been established via benchmark for the wages and conditions of certified agreements can be included in many workers, particularly in the small awards, provided it is not contrary to the public business sector. I will give just a couple of interest. Those provisions will be extremely statistics: over 50% of rural and regional important in helping to maintain awards in an workers are entirely reliant on awards to set up-to-date and relevant fashion. Awards are their wages and conditions, and only 1.6% of probably the best means available to look after 9 Jun 1999 Industrial Relations Bill 2325 the interests of employees, particularly those take account of the health and safety of the who are not in a position to bargain as equals workers who were working those shifts. with their employers. Most of the awards in those days had A lot of negative comments have been provisions inserted into them which allowed the made also about the award system itself. I awards to be varied at a particular enterprise to want to talk a little bit today about the award establish conditions that would suit that system as a vehicle for change. There is much enterprise or the circumstances of the said about the efficiencies and work practices workplace. All of the awards were required to that have been derived from enterprise level have inserted into them flexible, skills based agreements and individual contracts, and also classification structures which delivered much has been said about the so-called enormous flexibility in terms of the range of inflexibility of our award system. It is my view work that employees could undertake. The that there is little recognition in industry and in interesting part which is not given the the community generally of the significant role recognition that it deserves is that all of these that awards have played in introducing changes took place within the awards flexibilities into the workplace— system—in fact, in my experience, well before Mr Schwarten: And stability. they were heralded as the benefits arising out of certified agreements. Mr ROBERTS:—and stability. I note also in recent days that the Federal Government However, there was an inability or, in fact, still has its head in the sand and is in denial an unwillingness by many employers and mode in relation to the benefits that can be employer associations to recognise this fact derived from awards, and the same position is and, indeed, an ignorance on the part of some being adopted by the State coalition. They are employers that these provisions were available currently running national advertisements with in their awards. The predominant ethos at the statements reinforcing the notion that awards time was that the only way to achieve flexibility are inflexible and are not suitable to most was to enter into an enterprise agreement or businesses. Of course, this is absolute an enterprise award or sign employees on to nonsense. an individual contract. As I have stated, that is There is a mistaken belief out there being nonsense, and the experience of the awards fostered in particular by the coalition that it is system shows that. I defend the award system as capable of delivering enormous flexibility in only through enterprise agreements and the workplace and at the same time providing individual contracts that people can get a relevant and adequate safeguard to flexibility and deliver benefits to both employees. This Bill places awards back where employers and employees. My experience with they belong, and that is as a viable and the awards system is that it has, in fact, led the relevant alternative to enterprise agreements way in implementing innovative and flexible and individual contracts. work patterns out there in industry. I was directly involved in the restructuring and I want to make just a few comments modernisation of awards during my time as an about the dismissal laws. The member for industrial officer with the Electrical Trades Clayfield has once again perpetrated the Union, in particular, in the engineering awards. myths and untruths that have been spread Some of my colleagues in the gallery can pass throughout Queensland and other States judgment on how successful we were in the about these laws. What a dishonest debate exercise, but I think that there is a general about dismissal laws this one has been! The acceptance that the reforms that were put in coalition has whipped up the hysteria about place in some cases up to 10 years ago were the so-called problems with our unfair dismissal necessary and have, in fact, delivered great laws. The facts are that, with respect to the benefits both to employees and employers. Queensland jurisdiction, the Queensland I want to just list some of the examples. Industrial Relations Commission has applied These are examples which led the way before the dismissal laws fairly and equitably to both they became trendy and permanent features employers and employees for the last decade, in certified agreements and enterprise and I have been directly involved in many agreements. In respect of hours of work, well cases under those laws before the Industrial before 10-hour days and 12-hour days or Relations Commission. provision to work any five in seven days Nobody has been able to provide me with became the norm in flexibility agreements or the evidence or to convince me that there enterprise agreements, they were inserted into were major problems with these laws. There the State based engineering awards. In are always minor issues that can be addressed addition, they had appropriate safeguards to but, in terms of fundamental problems, the 2326 Industrial Relations Bill 9 Jun 1999 laws were working well in Queensland and because they, too, will be able to access their were being applied fairly by the commission. sick leave to provide the care that is needed. Everyone can point to a particular case that No longer will parents need to feel guilty they may not be happy with—— about taking a sickie to care for their child. This Mr Santoro: Why don't you go and talk to new provision says that if your child is sick and small business? you need to take time off to care for them, then you can do it without guilt. That, in my Mr ROBERTS: I do talk to small business. view, is a reflection of community standards. I say to people, "Point out to me the actual Parents should be able to care for their sick real problem you have experienced with the children without feeling guilty about taking the unfair dismissal laws." I cannot get people to time off work. The Bill enables employees who respond in a way which actually outlines what have utilised all their available sick leave to the problems were. take unpaid carer's leave with the agreement The facts are that there were a few stupid of their employer. decisions made in the Federal jurisdiction The entitlement to carer's leave is part of which have been bandied about this country a package of minimum conditions which as a reason for the need to make significant provide a basic set of rights to Queensland changes to these laws. That culminated in the workers, regardless of their employment introduction of what I consider to be a situation. They are all about a fair go for draconian exemption from the protection of Queensland workers. This entire Bill is about these laws, and that applied to employees delivering fairness to workers and restoring the who just happened to work for an employer balance to the industrial relations system. I who had 15 or fewer employees. What an commend the Bill to the House. injustice! Access to justice based on the size of Hon. R. E. BORBIDGE (Surfers your employer! No matter what an employer Paradise—NPA) (Leader of the Opposition) did to sack a worker, no matter that it might (4.13 p.m.): This Bill is all about revenge. It is have been discriminatory or otherwise all about getting square. It is all about paying unlawful, the coalition's law allowed this to off the Labor Party's union mates. It is about a happen simply on the basis of the number of corruption of the political process. It is about employees that person worked with. Thank settling scores with the Australian Workers God we are ditching those unjust coalition Union. It is not about good industrial relations, laws. as the Minister and his Government In my view, the introduction of the colleagues claim; it is about trying to reinvent mandatory three-month probation period is a the past. It is not about good public policy; it is much fairer and more practical way of about reinstating union preference and addressing the needs of both small and large reimposing controls on the free workers who business and also employees. It is much fairer make up the bulk of Queensland's working and more practical than a total exclusion of population. We are standing up for the 70% of workers from access to justice simply based on Queensland workers who will not have a bar of how many employees their employer employs. the trade union movement. This legislation is The additional protection placed within that designed to look after Labor's union mates— three-month period is that employees cannot another example of Government of the mates, be dismissed for an unlawful reason during by the mates, for the mates. that period. This legislation is not about good I will comment on one other significant business. Business has not welcomed this Bill amendment in this Bill, relating to carer's any more than it welcomed the unedifying leave. The Bill provides a new right for pursuit of sectional interests that went into Queensland workers to use up to five days' making this legislation. To the contrary, sick leave per year to care for immediate family business has voted with its confidence index. or a household member who is ill. That new No-one on the Government benches can entitlement covers all employees, including afford to discount survey results such as those those not presently covered by awards. It will just released by the Queensland Chamber of be especially welcome by parents, who often Commerce and Industry which show that 37% feel torn between the obligation to work and of all employers could shed staff as a result of the needs of their ill child. But this new the new State industrial laws Labor wants to condition allows them to draw upon their sick force onto the Queensland people. leave to be there when their child needs them It is interesting that the Premier's most. It will also be of great benefit to people representative in north Queensland, his caring for elderly parents in their own home, Parliamentary Secretary the member for 9 Jun 1999 Industrial Relations Bill 2327

Townsville, is supporting legislation in this this State. It is a bid by the member for place that will cost his electorate Stage 2 of Kedron, who seems determined to go out with Sun Metals and Stage 2 of Korea Zinc. What a whimper instead of a bang when his a betrayal of his electorate! Just as he sought parliamentary world ends, to entrench and to betray his constituents in relation to Nelly shore up the power of the unions. It is about Bay, he is now betraying them in respect of getting square with Bill Ludwig. industrial relations. Worse than that, this is an ideological Bill. This legislation is not about jobs, unless it We see that from the florid language used by is jobs for the boys and girls of the Labor the Minister for Industrial Relations in his movement and its sympathisers. It is a job second-reading speech. I remind the member killer of a Bill. In addition to the 37% of firms for Kedron and the member who preceded me indicating in the QCCI survey that they would in this debate that there have been no dogs or lay off existing staff, fully 67% have indicated balaclavas in Queensland industrial disputes that there will be a decrease in new under State jurisdiction. Those opposite talk employment opportunities as a result of this about the MUA. That situation came about Bill if it passes into law. Honourable members under Federal law—the same Federal law that say, "They are your mates." They are the Bill Ludwig says we will see unions and workers people who employ Queensland workers. They opting into increasingly because of the are the people whom the Deputy Premier was legislation Labor is introducing here. In fact, quoting in this Parliament earlier. They are the disputes have been at historical lows—the people who collectively are the economic lowest under the laws of the coalition since engine room of this State and who should be 1913. respected by both sides of the House. The public attention in recent Queensland Mr Reynolds: Unemployment was going industrial disputes has centred on the illegal up under your regime. antics of unlawful pickets at Gordonstone Mr BORBIDGE: Does the honourable which, as I mentioned earlier, occurred under member want to talk about unemployment? Federal industrial law—the law to which this We delivered the lowest unemployment in intemperate Bill now before the House will Queensland for close on eight years. Unlike drive increasing numbers of Queensland the current Government, the coalition inherited workers—and the spectacle of the member for unemployment rates of 11%. Fitzroy playing Nelson Mandela and Mahatma Gandhi on that picket line. Mr Santoro: 11.2. The public attention has been fixed on Mr BORBIDGE: 11.2%. We delivered the the appalling, illegal activities of the CFMEU lowest unemployment levels in Queensland in and the BLF rent-a-pickets at the Sun Metals eight years. With 17% of Australia's construction site in Townsville. The public population, we were generating 40% of attention has been fixed—transfixed, one Australia's new jobs. My record will stack up could say, since this was the most unedifying against the record of honourable members spectacle of all—on the craven inability of the opposite any time. Premier and his Minister to act to end that Despite the distractions from the current damaging dispute. and outgoing member for Townsville, I state in The public attention has been focused on short: this is a bad Bill—a product of the the Premier's and the Minister's brazen fiction vacant lot that this do-nothing Labor that the State Industrial Commission had been Government uses as its policy base. It tries to so gutted by the coalition's legislation that it reinvent the past, and it cannot do that. It tries had insufficient power to put a stop to the to leg-rope the overwhelmingly small business distemper in Townsville. The lie was given to private sector and force it into a big union that self-serving political line—to that mould. It cannot do that. It tries to resurrect claptrap—by the Industrial Court itself. The lie the union shop, and it cannot do that. Perhaps was given to that disingenuous spin by Bill on that basis it is a success after all. This is a Ludwig himself, who is evidently better able to can't do Bill from a can't do Government. understand plain English than the duopoly of This Bill is a naked attempt by the newly lawyers opposite—the Premier and the resurgent Left to advantage the CFMEU—the Industrial Relations Minister—who appear to would-be wreckers of Sun Metals and believe that they are leading a crusade. Well, Townsville's future, the union supported by the they have got the numbers wrong again. The member for Townsville, the law-breaker first crusade was a moderate success, picketers of Gordonstone—at the expense of measured by outcome from the victors' the AWU, the traditional Labor power base in perspective. The Premier and the Minister 2328 Industrial Relations Bill 9 Jun 1999 seem determined to embark on an instead preferring to propose a phoenix act by approximate re-creation of the fourth crusade, that renowned 11th-hour fixer, Bob Hawke— which was an utter disaster. the resolution was swift and sure, and through The proponents of this Bill appear to the existing commission under the existing believe that they are engaged in some holy laws. war. But there is no holy war in industrial In the matter of lawyers and their relations in Queensland, and the Labor Party appropriate presence in the industrial relations knows that. That is why it has had to invent arena, let me quote to the House the words of one. The Minister tells us that the Bill spells out the member for Kedron on 30 January 1997, his expensive experiment—that it is time to when Hansard recorded him in this place— load the Queensland Industrial Relations debating the coalition's successful legislation Commission with judicial status and turn it into that he now seeks to exterminate—as a lawyers' picnic. saying— In his second-reading speech, the "One of the reasons why the member for Kedron, the same member who industrial relations system in Queensland has been curiously silent—I hope with was more successful and far more cost embarrassment but, I fear, for lack of energy, effective than the equivalent systems in since he was found to have misinformed New South Wales and Victoria was that himself about the substantial powers of the lawyers were kept out of a lot of the areas existing commission—told the House— of the system—areas where they were not "At the centrepiece of these industrial needed. Many a lawyer in the southern relations reforms is the establishment of a States has grown fat on becoming a so- strong and independent umpire—the called expert in industrial law ... where it Queensland Industrial Relations was far better to have union advocates Commission. The appointment, for the and advocates employed by the employer first time in 80 years, of a full-time organisations." president of the Industrial Relations The Minister might like to explain to the House Commission highlights this Government's why something he held to be a self-evident commitment to raising the status and truth in January 1997 has become in June standing of the commission within the 1999—a mere matter of 17 months, much less Queensland community." than the lifespan of many other fragile He went on— flamboyants—a significant untruth. I do not think he can explain. I would love to hear him "The Industrial Relations Bill places try. increased functions and powers with the commission. These new powers will allow The Minister also might explain to the the commission to intervene in disputes House why he and the Government have which are damaging not only to the sidelined the State's most important employer Queensland economy but also to those organisations in their discussions about a disputes that threaten to harm or disrupt radical redirection of industrial law and practice. local communities. They will also allow the Is he so convinced that he is right that he can independent umpire to put a check on afford to ignore sound advice—advice such as violent confrontations and avert continual that offered by the QCCI, whose chief and costly recourse to the court systems. executive, Clive Bubb, makes the very More conciliation and arbitration, not reasonable point that, for small business, further emasculation of the independent Labor's changes to the IR landscape could umpire, is the way to bring real benefits to become a nightmare? They have, as Mr Bubb the Queensland community." notes, lost their exemption from unfair dismissal claims and could now be faced with Pure Orwellian newspeak! legal representation. What would have been The Minister knows very well that the one day before the commission with a existing legislation provides a strong and settlement cost of $2,000 could now become independent umpire—the same umpire as the four days before the commission with a wink-and-a-nod administration opposite $20,000 settlement cost. In the past, the encouraged rogue unions to try to ignore in commission has not usually exercised its the Sun Metals dispute. The Minister also power to award costs. But it is hard to argue knows very well that once that dispute with the proposition that once lawyers are able threatened to get right out of hand—through to flourish their briefs in the commission, one his inaction and the Premier's inability to steel of the first questions asked at the conclusion himself to go to the commission as he should, of every case will be the question of costs. And 9 Jun 1999 Industrial Relations Bill 2329 it will indeed be interesting to see what contributing to an increase in inequitable wage happens when the commission awards costs outcomes and promoting the reduction of against a union or a worker who loses a workers' rights. Wrong, wrong, wrong! The particular case. award system in the private sector—the Mr Santoro: The unions hate this, also. productive wealth-generating sector of the The unions hate this provision. economy—is neither irrelevant nor outdated as a result of the coalition's legislation or any Mr BORBIDGE: That is a valid point from other factor. It is changing—as everything the member for Clayfield. The unions hate this, must change—to adapt to changed as well. Mr Bubb, who deserves applause for circumstances. The range of collective taking the fight up to the Government on this bargaining arrangements available to score, also makes this point— employers and employees is, in the end "If the Government has the best analysis, limited only by the limitations the interests of Queensland business at parties to them place on them themselves. Far heart, it will not persist with this from being a straitjacket, the coalition's proposition." workplace laws free employers and employees I commend that unchallengeable to make bargains that best suit themselves. commonsense to honourable members The commission is the final arbiter under opposite. the existing legislation. The Workplace People today demand choice. They want Relations Act 1997—the Queensland to have power over their own lives. legislation which, by deliberate decision of the Increasingly, they want to work in coalition Government retained important, and I environments that do not fit a one-size-fits-all might say vital, historic Queensland elements approach to the workplace or anything else. in workplace regulation—has not fostered Nothing in the existing legislation—the disputation. The record speaks for itself. We legislation that this Bill seeks to had the lowest record of disputation since vandalise—stands in the way of collective 1913. Only the member for Kedron and the bargaining or union membership. Our other Horatio Nelsons opposite who insist on legislation emphasises cooperation, not putting their telescopes to their blind eyes confrontation. That it is effective in achieving cannot recognise that fact. this aim is clear from the historic lows in The coalition legislation, which this disputation to which I referred earlier and the Government wants to dispose of to curry declining level of trade union membership in favour with its union mates—but not with the Queensland under the coalition's industrial AWU—maintains awards on a simplified relations laws. pattern designed to create opportunities for We on this side of the House are not unionists to share in the benefits of today's stuck in the groove of some ancient class more flexible workplace. According to the conflict, which in Australia was always a bit of a Government, new legislation is needed to take furphy. That seems to be the fate of Labor. account of both economic and social goals. The Bill before the House asserts that the The Minister claims that his Bill will deliver award system is becoming irrelevant and positive outcomes for all Queensland industry outdated as a consequence of the and the economy. I can tell the Minister that commission being limited to awarding not even Bill Ludwig believes him. minimum safety net adjustments targeted at We already know what business thinks the low paid and suggests that this is about this Bill. Business has said what it thinks, unacceptable as a significant proportion of loud and clear. It thinks that if this Bill is Queensland workers remain solely reliant on enacted into law—and whilst I do not need to the award system to set their wages and remind the House of this, I repeat that the conditions. It asserts that the range of coalition will be opposing it lock, stock and collective bargaining arrangements available to barrel—it will cost jobs. It will cost lots of jobs. employers and employees is inadequate in This will further delay the Premier's promise of meeting their specific circumstances and that a 5% unemployment rate. the process is unnecessarily adversarial, with We already know what roughly two-thirds parties unable to receive assistance from the of Queensland's private sector workforce thinks commission when negotiations break down. about this Bill. They believe it is this Bill that is The Minister, in his second-reading irrelevant because they choose not to be in a speech, claimed that the Workplace Relations union. We already know what a sizeable Act 1997 had destabilised the industrial segment of the union movement thinks about relations system by fostering conflict, this Bill. If the member for Brisbane Central 2330 Industrial Relations Bill 9 Jun 1999 and the member for Kedron cannot were allowed to go unchecked with little regard remember—or if they choose not to for the Australian community. remember, or to repress that memory—they The coalition advocated that its legislation can ask Bill Ludwig. I am sure they will see was about choice, but the reality is that the plenty of him this coming weekend. There are coalition's laws were far from a matter of three strikes against this misadventure in choice for either employers or workers. The manipulation. coalition's laws imposed its view of the world If this Government is serious about on all Queensland workplaces regardless of getting it right, it will think again. If this whether they suited or not. The coalition had, Government really has a vision for the future of and still has, an ideological mindset against Queensland, it will think again. If this the nature of our collective system of industrial Government has any interest in leading rather relations. than following, and in making decisions rather The coalition actively sought to dismantle than just doing what its mates in the CFMEU the award system, to limit the nature of want, it will think again. This Government has collective bargaining and to reduce the powers no vision. It cannot raise interest in the broader of the independent umpire—the Queensland community. This legislation is bad legislation. It Industrial Relations Commission. We merely is a reward for the trade union law-breakers, have to look at 's proposed second condemned by all responsible Queenslanders wave of changes to see further reductions in except for the Premier and his Minister for awards, reduced rights for unions and workers Industrial Relations. in collective bargaining and a savage cut in the It is a get-even proposition with the AWU. powers and the role of the Australian Industrial The AWU will have to suffer because it has Relations Commission. been more responsible in terms of greenfield Of particular importance is the introduction agreements under the Goss legislation and of so-called voluntary mediation and the limit under the coalition's legislation. This is bad on the aspects on which the commission can legislation that will cost jobs. I am absolutely exercise its conciliation and arbitration powers. amazed to see this act of political corruption If there is a dispute between an employer and which epitomises a pay-off to unions that have workers, both parties have to volunteer to broken the law and which is an assault on participate in mediation and to pay for those unions that have obeyed the law. It is an services. This notion is not only ridiculous but it attack on the 70% of the Queensland is ludicrous. It will do nothing to help the workforce who do not want to be in unions. It is workplace, and it will do nothing to help or bad legislation. The Opposition will oppose it protect the Australian community from clause by clause. damaging and protracted disputation. It is just another example of how ideologically driven Time expired. the Federal coalition has become. The Mr WILSON (Ferny Grove—ALP) Opposition in Queensland would like to go the (4.34 p.m.): I rise with great delight to speak in same way. These proposed changes will only support of the Industrial Relations Bill 1999. see more industrial disputation similar to that The introduction of Labor's Industrial Relations which we witnessed during the Patrick and Bill is a proud moment in Queensland's history. Gordonstone disputes. Equally important is the repeal of the The coalition has been egging on the coalition's anti-worker and draconian dispute at Gordonstone and saying that it is a Workplace Relations Act 1997 and the matter for the employer and the workers to sort Industrial Organisations Act 1997. out. It has no regard for the interests of the These two pieces of legislation introduced local community. It has no regard for the role by the shadow Minister, Mr Santo Santoro, of the Government as the protector of the were merely replicas of Peter Reith's Federal public interest. They egged on Patrick without workplace relations laws. The coalition's regard to the Australian community legislation was not only anti-worker, it was anti- The Queensland Government's new laws Queensland. The Reith/Santoro legislation did stand diametrically opposed to the coalition's nothing to promote jobs. It did nothing to agenda. Let us not be under any promote equity or fairness for workers or misapprehension. The Government's laws will employers in the workplace. Instead, it created be fair, equitable and balanced. This disharmony in Queensland workplaces and it legislation will benefit not only employers and reduced workers' rights and promoted an workers but also the Queensland community. environment where disputes such as the This is something that the coalition and other Patrick dispute and the Gordonstone dispute critics of the Bill have forgotten in this debate. 9 Jun 1999 Industrial Relations Bill 2331

Since Federation, the Australian and in the light of the coalition's broader social Queensland industrial relations systems have agenda, which is the total dismantling of the both facilitated and encouraged collective social safety net system, the economic industrial relations with due regard for the agenda becomes exposed: to drive down community and promoted a central role for the wages to compete in an international arbitration commission. The system recognised marketplace with rock bottom wages. that there is an imbalance between employers The important distinction to make when and workers and that this imbalance is best contrasting individual versus collective rectified through a collective approach that contracts is that, by acting in a collective protects workers from the vagaries of an manner, to some extent workers can shift the unregulated market. It has also protected the balance of bargaining power to a more community through being able to control moderate position under the influence of a damaging disputes through the exercise of the strong Industrial Relations Commission. This is conciliation and arbitration powers of the not only relevant to the determination of independent umpire—the Industrial Relations wages and working conditions of particular Commission. As a result of this collective workers but also it goes to the opportunity for system, workers in Australia have benefited workers to influence the decisions that are from relatively high wages and advanced made about them, their working circumstances conditions of employment. As a result, in the workplace and the opportunity to play a employers have benefited from a regulated broader, political role in the community. So our system where they are not subject to the system of industrial relations will permit and vagaries of the marketplace or to protracted encourage collective action and organisation in disputation. industrial relations. It will cement these The Australian community has benefited opportunities for workers. At a broader level, a by being protected from damaging industrial commitment to a collective system of labour disputation and through the adoption of fair law is a commitment to an egalitarian society standards of employment in workplaces. By that prides itself on its maturity and ability to and large, this system has removed the dog encourage participation by workers in decisions eat dog mentality that pervades workplaces in made at a workplace level. other countries. All industrial relations parties At the heart of a collective system of have benefited from this collective system of industrial relations is a strong trade union industrial relations which has encouraged movement. Through membership of a union, a participation and consultation. However, over worker gains both bargaining power, the the last decade, there has been a concerted possibility of participation in the industrial effort to dismantle this collective system. There relations of a workplace, and the opportunity to is no better evidence of that than the participate in a democratic trade union introduction of the Reith workplace relations structure that is regulated by law. This law and Mr Santoro's laws. Mr Santoro's laws Government does not back away from are merely a parrot version of the Federal supporting a strong, independent and system. democratic trade union movement. Our laws The underlying rhetoric of the recognise the important role that trade unions Reith/Santoro model was that individualism play in the workplace and in the system of would be the new way of organising the collective industrial relations. We are not workplace. However, the real agenda has ashamed and, in fact, we say proudly that we been to undermine and gradually destroy the are happy to stand up and say that it is right collective system of industrial relations and to for every worker to be able to belong to a trade leave workers subject to the vagaries of union free from the fear of being sacked, common law employment contracts—virtually discriminated against or coerced. in no better position than they would have That is the very opposite of what has been 100 years ago under the master and been occurring in Queensland workplaces servant legislation of that time. Common law since the introduction of the coalition's contracts are subject to interpretation, Workplace Relations Act 1997. Since the enforcements and remedies only through the introduction of that Act, workers have been civil courts, which is a very expensive and subjected to direct and indirect pressure from lengthy approach to work relationships. The employers and from the then Government to reality would be that only those individuals with move away from unions. The underlying enough money to take matters to the courts message, which both the Federal coalition would ever get there. The vast majority of Government and the previous State coalition workers would simply have to cop whatever Government have been peddling, is that was dished out to them. When it is considered workers no longer have to be in unions. In fact, 2332 Industrial Relations Bill 9 Jun 1999 they have peddled in a not so subtle way that in Queensland workplaces, but importantly it it probably would not be to a worker's recognises that there is a real need to achieve advantage to be in a union. That is a very that in a fair and balanced way to both workers underhand, not so subtle message to and employers. In that regard, it does what the Queensland workers whether or not they are coalition legislation never did: it restores the members of unions. balance. The coalition's way was to attack the very Philosophically, the legislation owes a essence of the trade union movement—which great deal to a collective model. These has protected and advanced workers' rights collective underpinnings, together with a and interests—to attack the collective nature of recognition of what is needed in Queensland industrial relations. Everything in the coalition's workplaces, makes the legislation forward laws was about a prohibition on the rights of looking. It is legislation that is sufficiently unions and unionists in the workplace. flexible to adapt to meet the challenges of the Everything in the coalition's laws was designed 21st century. I commend highly this Bill to the to place as many barriers as possible in the House. way of not only unionists but also workers to Dr WATSON (Moggill—LP) (Leader of the combined negotiation with the employer. The Liberal Party) (4.47 p.m.): It is beyond my resultant effect was a reduction in workers' rights, a greater exploitation of workers comprehension that an otherwise intelligent generally and, in particular, disadvantaged man like Peter Beattie cannot grasp a simple workers. concept, which is that we cannot create jobs unless we first create business confidence. Trade unions have fulfilled and will Labor's Industrial Relations Bill 1999 does continue to fulfil an important role in our absolutely nothing to create business society and at work. It is interesting to note the confidence in Queensland. In fact, it does the recent research that the Federal Howard exact opposite: it shatters their confidence. Government commissioned through the The last thing Queensland needs right now is Labour Ministers Council to ascertain workers' another blow to business confidence. In recent views in the workplace. That report, titled weeks, two respected surveys should have Employee Attitudes to Workplace Reform, was rung alarm bells for the Beattie Government. undertaken by Australasian Research However, it is hard for the Government to hear Strategies Pty Ltd and issued in April 1999. It the alarm bells ringing while the CFMEU is in found the following— its ear. "Security and self-esteem drive The Yellow Pages Small Business Index favourable attitudes towards unions. For recorded the biggest downturn in business many workers, the role of unions is confidence in three years, with Queensland deemed to be important in enabling down to 44%, well below the national average workers to make more money than would of 55%. Likewise, the Australian Society of otherwise be the case and to maintain Certified Practising Accountants Small their families' quality of life, thus bringing Business Survey showed business confidence them the sense of accomplishment and in Brisbane was the lowest of the business self-esteem." confidence in any mainland capital. In We should forget the rhetoric, particularly Brisbane, just 18% of small businesses are of the Opposition members, and we should expecting to employ extra staff before forget the catchy lines; unions are important to Christmas—the lowest rate of expectation in enable workers and their families to have a any State capital in Australia. More to the quality of life in our society. This Bill recognises point, the Yellow Pages survey found that that, and we are proud that it does so. Just as small businesses believe that the Beattie employers have the right to belong to and Government's policies are working against have access to an employer association—also them. A net 8% more proprietors believe that known as a union—so, too, will workers have the Beattie Government's policies are working the right to belong to and have access in the against them rather than for them—a 16% workplace to their employees' union. drop over the past three months. The Industrial Relations Bill 1999 is an Now Labor delivers to them a body blow unusual piece of legislation in the current in the form of this Industrial Relations Bill. It Australian industrial relations climate. It was sends a very clear message: Labor is not formulated with a consideration of the real interested in the big picture, Labor is not needs of all the relevant parties and following interested in governing for all Queenslanders, extensive consultation with them. It provides Labor is interested only in doing what one for a range of mechanisms to achieve reform militant union wants it to do. 9 Jun 1999 Industrial Relations Bill 2333

In an article in the Courier-Mail on 24 mine, Ernest Henry mine, Gunpowder mine, May, Australian Workers Union boss, Bill George Fisher mine, Enterprise mine—all of Ludwig, stated that removing greenfield them, by the way, in the north-west minerals agreements for construction projects would be province around Mount Isa—the Kenmare bad for investment and bad for jobs in mine at South Blackwater, the Boyne smelter Queensland. In that same article, he stated— at Gladstone, the Townsville port, Century "In the fullness of time people will mine at Lawn Hill, Moranbah North mine, the come to understand that the ALP was the magnesium pilot plant at Gladstone, Bellara political wing of the trade union gas field, the Bellera to Mount Isa pipeline, the movement." Mackay sugar terminal, the Western Mining Corporation's Queensland fertiliser project and, I do not profess to know how the power of course, Sun Metals at Townsville? The blocs work within the Labor Party, but I think CFMEU could not get a start on any of them. that it would have been more accurate for Bill The cold hard truth is that if the CFMEU is Ludwig to have said that right at this very given a start, there is no telling when one will moment the ALP is the political wing of the finish. Investors have enough risks to contend CFMEU. The grubby fingerprints of the with on big projects as it is. In this investment confrontationist, power-obsessed Construction climate with billions of dollars at risk, investors Forestry Mining and Energy Union are all over simply will not risk projects blowing out and this IR Bill. All Queenslanders who care about going over time and over budget. the long-term future of this State should be very concerned about the influence that the In pure and simple terms, this legislation CFMEU appears to be having over this is totalitarian. It is about forcing investors to Government. Last month in Parliament we saw deal with organisations that have shown by the CFMEU get their own way totally in the their past and present actions that they are far Coal Mining Safety and Health Bill. As more interested in confrontation than prepared under our Government, the draft Bill construction. The T-shirts worn by CFMEU and was a good Bill. Then the CFMEU got hold of it BLF picketers at Sun Metals said it all. They and suddenly Mr McGrady's new Bill called for said, "We run amok, we don't give a (expletive statutory officials in open-cut coal mines and deleted), because there's not a boss we can't gave the CFMEU a monopoly on appointing toss!" Those T-shirts were made in China. If health and safety officers. Despite his this legislation forces investors to deal with the repeated bleatings that he is totally committed CFMEU and the BLF, or any other union that to achieving a 5% unemployment target, it is is out to derail their projects, a lot more things clear that the Premier and his Government is will be made in China. Precious little will be only totally committed to one thing: made in Queensland because there will be implementing the agenda of a militant union. precious little investment in Queensland. The coalition will fight this unfair, unwarranted, I am not singling out the CFMEU because anti-jobs, anti-business Industrial Relations Bill I favour the AWU. The coalition is not every step of the way, amendment by interested in giving Bill Ludwig's AWU a walk- amendment. up start to every big project. We do not care Today, I intend to look at five aspects of about the Rockhampton line or the 22nd the Bill and briefly outline how each will have a parallel deal that the unions made years ago. negative impact on the future of the State and Those who are conversant with Queensland the future of all Queenslanders. Those five Labor history will know that some 40 years ago aspects are: the scrapping of greenfield union bosses drew a line on the map and agreements on construction projects, unfair anything north of Rockhampton was dismissal provisions, the right of entry to designated as AWU territory. We do not care workplaces, the shortened peace obligation about the Rockhampton line, but we do care period and unfettered legal representation very much about a new line that investors are before the Industrial Commission. Greenfield going to draw on the map. That new line is a agreements on construction projects have big red line right around the perimeter of been good for Queensland because they allow Queensland. The message of this Bill is: if an investor to get on with the job by choosing you're an investor, don't cross that line into which unions they will deal with on a project. It Queensland because in Queensland, if you is called freedom of choice. It is called want to build a big project, the union- competition. It is called reality. It is the only dominated, union-funded and union-run way we get best practice. Government has new legislation that says you What do the following 17 big projects have to deal with every union who wants to be have in common: Osborne mine, Cannington involved. 2334 Industrial Relations Bill 9 Jun 1999

Mr Beattie made the incredibly naive will not have been properly put to the test. This claim that scrapping greenfield agreements will is hardly an inducement for small business to stop disputes such as the Sun Metals strike start hiring again. If Labor is determined to kick from happening and will end demarcation small business in the guts by dropping their disputes. He could not be more wrong. Instead exemption from unfair dismissal laws, then at of ending demarcation disputes, this Bill will the very least the probationary period should encourage, foster and breed demarcation be a more realistic six or perhaps even 12 disputes. The only saving grace is that months. employers will choose to register their The third major problem that I have with agreements under the Federal system where, this Bill relates to the right of entry to thankfully, greenfield agreements on major workplaces. This is yet another example of construction projects remain in place. how Labor has bowed to the unions and For my last word on this matter for now I completely ignored the recommendation of its draw the House's attention to the written own industrial relations task force. Currently, judgment by the Industrial Court over the the Workplace Relations Act 1997 requires failure of CFMEU and BLFQ officials to that 48 hours notice be given by union officials properly inform their members about back to wishing to enter a workplace. The Federal work orders in the Sun Metals dispute. The Workplace Relations Act 1996 provides for 24 judgment said that the union organisers' hours' notice. activities, which were purported to be in Mr Santoro: We did well up here, didn't compliance with the requirements of the we? Industrial Relations Commission, were in fact, "substantially designed to further the agitation Dr WATSON: We did very well. which had led to the order being made in the The task force unanimously—that is right; first place." Investors and their banks simply unanimously—recommended that the period will not cop organisations whose mission of notice to be given by organisations of statement could very well be "further the employees for entry to workplaces should be agitation". They will go elsewhere and with 24 hours. But what does this Bill state? It them will go jobs. states that employers should get zero notice. Unions can show up unannounced anywhere The second point I want to make about anytime, and they can speak to employees this Bill concerns unfair dismissal. If members speak to any business person—small, medium during work time. How are employers or large— supposed to comply with legislation which demands that unions get access to necessary Mr Santoro: Which they don't. records when no notice is required to be Dr WATSON: Indeed, they do not, as the given? Without reasonable notice being given, shadow Minister has said—they will say the how are employers on construction projects same thing. They will say that the harder we and mine sites, for example, able to take make it for business to fire, the less likely adequate precautions to ensure the safety of business is to hire. The quickest way that unannounced visitors? The task force Queensland will get anywhere near 5% unanimously recommended 24 hours. The unemployment is if the small businesses that current legislation is fair at 48 hours, but the make up the vast majority of the employment unions wanted zero hours so we get zero in this State have the confidence to hire. How hours. It leaves Mr Beattie and Mr Braddy with can they have confidence when Mr Braddy zero credibility. takes away the exemption from unfair The fourth part of this Bill that I want to dismissal laws for employers with 15 or less comment on is the peace obligation period. employees? And what do we get in its place? This is yet another example of the unions A three month probationary period. having the final say on this Bill at the very last Mr Lucas interjected. minute. It begs the question: why bother to have a task force at all if they are going to let Madam DEPUTY SPEAKER (Ms Nelson- their mates from the militant unions waltz into Carr): Order! The member for Lytton will return the Neville Bonner Building, go straight up to to his seat if he is going to interject. the 6th floor and rewrite the legislation at the Dr WATSON: If a worker lasts only three last minute? months in a job, the boss has to jump through The industrial relations task force agreed hoops to get rid of them if they are not unanimously that the peace period should be performing. In three months, many employers 28 days, with a maximum of 14 days running will not even have finished showing someone during the peace period of the agreement to the ropes. In three months, many employees be renegotiated. This meant that the parties 9 Jun 1999 Industrial Relations Bill 2335 would have 14 days following the expiry of that fighting unfair dismissal cases or, worse, agreement to conclude their negotiations paying off troublesome employees just to without resort to industrial action. But what avoid the expense of having to defend does this Bill give us? It gives us what the themselves. As I said in my opening militant unions want—a 21-day peace period comments, instead of building business whereby 14 of those days can run during the confidence, lunacy like this shatters business term of an agreement being renegotiated. Big confidence. deal! In summary, this Bill shatters business Industrial action is prohibited during the confidence in Queensland, because it is about life of an agreement, anyway, so it really nothing more than increasing the power of leaves only a seven-day peace period. That trade unions at a time when their membership means there is little practical difference from is in rapid decline. Scrapping greenfield the current legislation, because under the agreements on construction sites sends a current legislation protected industrial action huge message to investors— can be taken only following seven days' notice. "Don't cross the line into Mr Braddy claims that the introduction of a 21- Queensland, because in Queensland day peace period is yet another win for you'll have to give the CFMEU, the BLF, employers. Clearly, the Minister does not or both, a start on your project. When the understand his own legislation. CFMEU and BLF get a start on your The fifth and final point that I want to project, there is no telling when it will make about this Bill concerns the provision to finish." allow unfettered legal representation before This Bill kicks small business in the guts the Industrial Commission. This provision is by removing the 15 employee level exemption different from all of the others because, clearly, from unfair dismissal laws and replaces it with the unions did not write this one. In fact, it a far too short three-month probation period. looks to me very much like Mr Braddy had to This Bill is unfair, because it gives instant right prove that the unions were not going to write of entry to workplaces and because it gives us every last clause of his beloved Bill. He had to a shortened peace obligation period. It opens have at least one bit of personal input into it. the way for lawyers to get involved in all What did he do? He came up with something aspects of industrial relations, and that means that nobody wants—nobody except the more claims, more cost and another burden lawyers, that is. The unions do not want on small business. lawyers involved at every step. The employers I despair for the democracy and the do not want lawyers involved at every step. economic future of this State when I see the The members of the task force, with the frightening level of influence that militant exception of its one lawyer member, all voted unions have over the Beattie Government. If against having lawyers involved at every step. we pass this Bill, we will have the "Queensland Just two years ago, Mr Braddy himself was line". That is a line that investors will be very opposed to it. On 30 January 1997, he said in reluctant to cross. the Parliament—I am sure he will remember this; it was one of his most succinct Mrs ATTWOOD (Mount Ommaney—ALP) statements— (5.05 p.m.): This Bill is about fairness and flexibility. The Beattie Labor Government "One of the reasons why the wants to see genuine workplace reform industrial relations system in Queensland balanced with fair wages and employment was more successful and far more cost- conditions so that improvements in productivity effective than the equivalent in New and workplace efficiencies will not be achieved South Wales and Victoria was that at the expense of workers. The Labor Party in lawyers were kept out of a lot of the areas Queensland has a proud and long record of of the system—areas where they are not delivering substantial productivity needed. Many a lawyer in the southern improvements and moderate wage outcomes States has grown fat on becoming a so- through an innovative industrial relations called expert in industrial law." framework which offers flexibility while If this Bill goes through, the costs of arguing protecting workers' interests. The Industrial one's case before the commission could blow Relations Bill 1999 epitomises this. Workers in out tenfold. This change will force small the electorate of Mount Ommaney support this employers out of the commission or send and are grateful to the Government for this them to the wall with legal bills. They will have thinking. the choice of gritting their teeth and putting up This Bill introduces democratic freedom of with unsatisfactory employees or going broke choice to the State's industrial relations 2336 Industrial Relations Bill 9 Jun 1999 system. The Bill is about choice for employers conditions. Groups of employers in an industry and choice for employees in determining the will be able to choose to remain within the workplace arrangements that best suit their viable award system for determining wages particular needs. Employers to whom I have and conditions for their workers or to develop spoken specify that working arrangements their appropriate agreements or agreement. must have some flexibility in order to maximise profitability for the business and to optimise More than 50% of Queensland workers the morale and job satisfaction of the worker. are reliant solely on awards to govern their The Beattie Labor Government strongly wages and employment conditions. Under the rejected the Liberal/National approach of coalition's laws, these awards were destined to confrontation and division that is best be stripped back to 20 basic conditions and illustrated in the Workplace Relations Act could only provide wages that are classed as a 1997. When it comes down to it, most safety net—another action which shows total employees and employers want to work disregard for the workers of Queensland. The together amicably to achieve their mutual and so-called safety net of award wages is often in respective goals. the vicinity of 10% below the wages provided under agreements for employees performing Through this Bill the Beattie Labor similar work. No wonder people have to take Government has taken strong and decisive on two jobs to support their family! Family life action to make a real difference in people's always suffers in these situations. This leads to lives. With the Industrial Relations Bill 1999 we lack of supervision of children and increased have refashioned the industrial climate towards crime, and our social environment falls apart constructive negotiation aimed at achieving and disintegrates. mutually satisfying outcomes for both employers and their work forces. It is in the It is clear that employees who rely on employer's interest to maintain a happy, awards for their wages and conditions have regular and reliable work force that will be there been disadvantaged when compared with for the long term. Employers and their workers who have been able to negotiate for employees will be able to choose the type of wages and conditions that reflect the living agreement that best suits their circumstances standards of the community in which we live. It and particular needs. is often the case that workers who rely on The proposed legislation offers greater awards are not only the low paid, but in many flexibility in providing a broader range of cases are women and those from agreements, exceeding the limited options disadvantaged groups. Why is it that in this modern country there is still this imbalance? under the Workplace Relations Act 1997. The Industrial Relations Bill 1999 will right this Members of the Centenary and Districts wrong. Chamber of Commerce are looking forward to working with these arrangements. Employers One of the principal objectives of the Bill is and workers can choose between agreements to ensure that wages and employment that cover single employers, multiple conditions provide fair standards in relation to employers, new businesses, projects or living standards prevailing in the community. proposed projects, and agreements can be This is in the interest of fairness and equity. made to cover employees of the State. This These fair standards do not have to be arrangement will cover a variety of achieved through agreement making, as is the circumstances under which a person can be case with the one size fits all approach of the employed. coalition Government, but may be achieved Workers and employers have the freedom through the awards system. to choose to negotiate collectively or Employers and workers have the freedom individually. In addition to the types of to choose the arrangements that suit their collective agreements just outlined—which individual circumstances. The more than 50% may be made with unions or directly with of Queensland workers who are reliant on employees—employers and employees have awards can look forward to legislation that the option of negotiating individual provides for awards that will set fair wages and agreements, for example, a Queensland conditions, rather than be limited to a workplace agreement. minimum safety net of wages and conditions. Of course, the Industrial Relations Bill The awards will be reviewed at least every 1999 is not a single-minded piece of legislation three years to ensure that they reflect the living such as the existing Act and does not focus standards prevailing in the community. With solely on agreement making as the only option the regular rise in the cost of everyday items, a in determining a fair standard of wages and review every three years is not unreasonable. 9 Jun 1999 Industrial Relations Bill 2337

The Bill provides for choice in the area of intervention of the QIRC but can choose for union membership. Employees will be able to themselves whether or not to involve the determine whether to belong to a union or not QIRC. Parties who wish to bargain without the without fear of discrimination or coercion to intervention of the Industrial Relations either join or not join. The freedom of Commission will be able to do so and can take association provisions of the Bill will also responsibility for their own negotiations. Parties ensure that awards and agreements can who choose to seek the assistance of the contain provisions that encourage people to commission can do so, but it is important that join and maintain membership of a union. This people know that they have this option if provision is consistent with decisions of the needed. Australian Industrial Relations Commission and The issue of choice appears in other less will allow for employees to be informed about likely areas of the Bill. For example, employers their rights to decide whether or not to join a will be able to determine whether they pay union. employees for industrial action or not. This Choice is a significant feature of this Bill ability for an employer to determine issues in when it comes to the recovery of unpaid relation to paying or not paying their own work wages and superannuation contributions. force will also apply in circumstances of Existing laws require employees or their agents deciding whether or not to pay workers who to pursue such a recovery through the are stood down due to issues beyond the Magistrates Court system. The Industrial employer's and employee's control. This is Relations Bill 1999 provides employees with another example of the fairness of this Bill. the options of pursuing a claim for recovery of Under the unfair Workplace Relations Act unpaid wages through either the Magistrates of 1997, employers were prohibited from Courts or the Queensland Industrial Relations paying employees who are stood down for Commission for claims not exceeding $20,000. reasons such as inclement weather, regardless For the first time in Queensland's of the wishes of the employer or the provisions industrial relations history, gay and lesbian of an award or agreement. In fact, a situation workers will now be able to choose to declare arose only a few weeks ago in which working their sexuality and be entitled to equal rights to time was lost on the south-east motorway working conditions in spite of doing so. The project as a direct result of the inflexible and legislation does this in a number of important dictatorial provisions of the Workplace areas. They include: access to parental and Relations Act of 1997, which prohibits the carer's leave for same sex couples, requiring payment of wages to employees who are the Industrial Relations Commission to redress stood down. The relevant award provides for areas of direct and indirect discrimination in payment for time lost due to wet weather, and employment conditions through awards and the employer was willing to make the payment agreements and through introducing a but this was prohibited under the provisions of prohibition on the dismissal of a person from the Workplace Relations Act 1997. Surely an their employment due to their sexual employer has the right to decide whether or preference. not to outlay their own money for the long-term advantage of their business. A significant Workers who are engaged as contractors disruption to the progress of the work on the but believe they are employees for all intents motorway was only averted when the and purposes will be given the choice to employees were informed of the proposed pursue a claim in the QIRC for a declaration of new provisions of the Industrial Relations Bill their status as an employee. This will provide 1999, which provides employers with the ability those workers who are forced into contracts to to choose whether to pay or not. their disadvantage to be entitled to the same wages and employment conditions as their The Industrial Relations Bill 1999 provides colleagues. These benefits include sick leave, all Queenslanders with the freedom to choose family leave, annual leave, long service leave workplace arrangements that best suit their and maternity leave. circumstances and individual needs. After all, an employer must be able to decide what is The freedom to choose is also evident in going to be the most effective arrangement for the arena of seeking the assistance of a third their business. The freedom of parties to party when making an agreement. Parties to choose their own arrangements will assist the the development of an agreement will be able framework for industrial relations proposed by to choose to seek the assistance of the QIRC the Bill that supports economic prosperity and in the development of that agreement where social justice for all Queenslanders. Basically, negotiations have broken down. Of course, the an employer wants to employ somebody who parties are not required to accept the is going to be committed to their business and 2338 Industrial Relations Bill 9 Jun 1999 will negotiate conditions with this in mind. On this attempt at coercion? I cannot recall any the other hand, employees want a job that is thunderous, vociferous appeal for Jennie interesting, one that fits their skill base, one George, Bill Kelty or any other union predator that they can take ownership of and one that to rush to Queensland post haste to save the can give them enough security to support their workers from the clutches of the grasping families, and this legislation provides that employers. In fact, the reverse is the truth, framework and that flexibility to foster even taking into consideration that Mr Beattie, harmonious working relationships. "Mr Five Per Cent", the Premier of this State, I congratulate the Honourable Paul would not do his job at Gordonstone with his Braddy, the Minister for Employment and union buddies and was happy to have "Bodgie Industrial Relations, on his hard work and Bob" come up to Queensland to do what he commitment with this reform. I commend the should have done himself. Bill to the House. Private sector employees are deserting Mr DAVIDSON (Noosa—LP) (5.18 p.m.): the bullyboy tactics of unions in their droves In the Courier-Mail on Monday, 31 May, the and nothing that this Bill can or will do will Minister for Employment, Training and arrest this flight. Even the dubious attempts to Industrial Relations said whilst photographed redefine who is an employee—its extensive cuddling a lovely puppy, "Queenslanders lived range of cover will now include independent in fear under the former coalition contractors—are but a shallow attempt to Government's 'dog eat dog' laws", when significantly alter common law definitions. It is referring to the current Workplace Relations another unsubtle endeavour to cast a wider Act 1997 and the Industrial Organisations Act net for the Minister. This Bill is nothing more 1997. Let me tell the Minister that many small than a touch of the forelock by the Minister to business owners in my electorate and all over the major financial supporters of the Labor the State of Queensland now have a fear that Party. has nothing to do with dogs eating dogs, or Earlier in my comments I referred to the even cuddly puppies. Their very real fear as of possibility of coercion. I can hear Mr Braddy this date is being returned, as if in a time warp, say, "My Bill specifically points out that to the days of union thugs demanding and coercion is not permitted." And so it does. A getting from their public face, the Queensland provision encouraging an employee to join or Labor Party, the untrammelled right to again maintain membership of a union exists, and it interfere in the legitimate management does specifically state that coercion is not operations of business both big and small. permitted, even though any union official can Less than 22% of employees in the enter any premises to have a chat with a private sector are members of a union. Thus it worker. We all know what that entails, given follows that 78% of employees in the private the past history of union visits to business. This sector do not have the slightest interest in clause is not only conflicting, confusing and some union troglodyte whispering in their ears unnecessary; it also appears to be in conflict what the union can do for them. If for no other with the freedom of association provisions. reason than this, it should be apparent to Mr Apart from these provisions, this ability to enter Braddy, the Minister responsible for bringing business premises is an unwarranted this Bill into this place, that what his union pals intervention in an employer's business by a and mentors in Queensland want is not what third party and would only create disharmony the great majority of Queensland's private in the workplace. sector workers want. After all, just who do these people think This Bill, if allowed to pass through this they are? Have they ambitions to follow the House, would impose a regime of a right of Left Wing faction of Minister Spence and her entry to business without the union official Director-General, Marg O'Donnell, who have having to give notice to the employer, which is not waited for this legislation to pass through a return to the bad old days—a return to the this House to commence their own version of unnecessary disruption of business over the "join up or else". I table documents sent to the length and breadth of Queensland. This Bill will staff of the Department of Fair Trading which allow a right of entry to a union official, who will very clearly spell out the position relative to have the unfettered right and ability to discuss unionism in the department. People do not any matter at all with employees during non- have to have the Treasurer's qualifications to working time. understand the ramifications of resistance to it. Apart from the bleating of the Minister's The memorandum signed by the Director- union dinosaur mates, is there or has there General of the Department of Fair Trading, been any call from employees to be subject to Marg O'Donnell, states— 9 Jun 1999 Industrial Relations Bill 2339

"Together with the union, we will be those who do enter into them expect lengthy establishing a consultative forum across delays in getting agreements ratified; they will both Departments that will provide an enjoy untrammelled and unwanted union opportunity for staff and unions to directly intrusion in their affairs in gargantuan contribute to the future direction of the proportions. That represents another win to the Departments. As a member of the Labor Party's financiers at the expense of union"— business and employees. that is, Ms O'Donnell—— Just to make certain that business "I am supportive of their work, and continues to receive a proper caning from this recognise that working together in a Bill, which the Minister would have us believe united way will ensure that we achieve the represents a commitment to restore fairness strategic goals of the Departments. I look and balance to Queensland's industrial forward to working with the SPSFQ and I relations system, it will now be lumbered with encourage you to actively participate or what is poorly termed "flow-on" of certified contribute to these important forums." agreements. The existing provisions have been reworded and state that the commission There are three SPSFQ representatives on the "may include" in an award provisions that are joint departmental consultative based on the certified agreement if it is committee—three union officials involved in satisfied that it is consistent with the principles formulating the future directions of the of the full bench in deciding wages and Department of Fair Trading. I believe that is employment conditions and that it would not nothing short of intimidation: "Join the union otherwise be contrary to the public interest. movement or lose your job". Of most importance, this Bill does not at any stage The major concern here is that the indicate how the commission will define changing of the wording, albeit very subtly, coercion. Is it any wonder that business is may see applications of this nature being anxious about and in fear of the made more frequently and more frequently consequences of this unbridled attempt to halt succeeding and thus, as a flow-on, becoming the march of membership from an insipid and an award. This will not encourage enterprise irrelevant union movement? bargaining, because those who do not enter enterprise bargaining agreements will see their As if to further restrengthen the slipping gains subsequently flowing into awards. Where union grip, this Bill, under the title of certified is the incentive to enterprise bargain and thus agreements, does away with the greenfield enjoy the economic benefits to both parties agreements. In this new provision, a 21-day that are enjoyed in other places where no such peace obligation has been inserted, which provisions or potential exist? occurs 21 days after the giving of notice by either party of intention to begin negotiations The ramifications of this Bill bring for the agreement and ending no earlier than nightmares to the legitimate dreams and seven days after the nominal expiry date of an aspirations of the engine room of existing certified agreement. It is worth noting Queensland's economy: small business. The that the task force that prepared the basis of pandering by this Government to union these changes recommended that this period demands will set back the nature of a be 28 days. The impact of this provision is that balanced but flexible workplace in Queensland unions will be able to take action seven days and, as a result, severely damage the engine after the expiry of a current agreement as long room of this State's economy. Is it any wonder as notice has been given 14 days before the that business feels betrayed by the promises end date of that current agreement. of this union-led rabble posing as a Government? To top off all of this union indulgence, a new provision is included which will allow a If all of what I have just said is not enough relevant union to be heard on the application to deter even the most lion-hearted of for certification of an agreement, including a entrepreneurs from doing business in non-union agreement. This should be a great Queensland, the potential to let the legal help to demarcation disputes! But just to make fraternity into this morass of industrial madness sure none of the union buddies miss out on certainly will. Quite correctly, employers have the cake, the commission is required to notify maintained a strong opposition to allowing the all relevant employer organisations of such an legal profession to appear in the Queensland application and tell them they are entitled to Industrial Relations Commission without the be heard. What a terrific—in the true sense of consent of the parties concerned. the word—way to encourage employers to There is a misconception that by allowing enter into certified agreements. Not only can to appear there will somehow be a 2340 Industrial Relations Bill 9 Jun 1999 lessening of involvement by aggressive Misconduct is then described as— independent consultants in the tribunal. "(a) theft; and However, allowing solicitors to represent parties will most likely see an increase in the amount (b) assault; and of matters pursued by solicitors, who, in the (c) fraud; and main, are not familiar with the jurisdiction. As (d) other misconduct prescribed under a has been experienced in the Federal regulation." jurisdiction, the use of the legal fraternity by one party invariably sees the use of a lawyer Now, this Government's previous industrial by another party. In most cases this will be relations legislation waffled on in the same unnecessary, and the only reaction will be an manner about misconduct. So let me tell increase in costs to everyone concerned. Of members a story about one of my constituent course, it will be argued that leave of the employers and the matter of misconduct. commission will be required before a solicitor One of his drivers was taking an can appear. Federal jurisdiction experience inordinate time to make his deliveries and was has amply demonstrated that it is rare for badgering his fellow employees to slow down leave to be refused and, as such, the process their performance. I might add here that this almost becomes a formality. No doubt Mr particular driver was the only one who Braddy's legal fraternity friends in the Labor belonged to, as it is now called in politically Lawyers enclave will be ecstatic with this correct language, an employee organisation potential windfall. I know that small business in within this firm. Naturally, the employer was Queensland is a great deal less than enthused concerned at this behaviour, which was not with this prospect, and with justification. just incidental but a very common occurrence. In his self-congratulatory media release of As a result, the employer decided to follow this 24 May concerning this Bill, the Minister particular driver to find out at first-hand just why stated, when commenting on the unfair it was that this man took longer to do the job dismissal clauses of the proposed Bill— than the other drivers in his employ. "The benefits to small business and No sooner had the driver left the workers will also be seen in the employer's premises than he proceeded to introduction of a mandatory three month collect a very comely young lady who was probationary period for all employees. An definitely not the driver's wife. Needless to say, Australian first, this change reflects the the extra time the driver took to make the Government's belief that small business delivery had absolutely nothing to do with the has a right to access the suitability of its employer's business, since the employer's new employees." business was in no way funny. Consequently, the employer chatted the driver about his How touching! For the Minister's edification, I activities in company time and was promptly point out that the much-lauded three-month abused for his trouble. Nevertheless, the driver probationary period for all new employees is was not sacked, as he deserved to be, and already available to employers where the continued to frolic with his lady friend as if parties agree. However, the new salary nothing had occurred. Naturally, he was again exemption, whereby employees whose annual asked to desist from this activity and, as a income exceeds $68,000 are prohibited from result of this chat, he verbally resigned. bringing an application, will see an increased number of applications made by employees However, surprise, surprise, the very next who are currently exempted. Similarly, the day the employee organisation's exemption for small businesses of 15 or fewer representative arrived to inform the employer employees has now been removed, which will that his organisation had advised the driver to be a further incentive for employees to seek compensation for wrongful dismissal. approach the commission and a further Further, the said rep from the union informed disincentive for business to employ workers. the employer that if he did not reinstate and compensate the driver, they would see the That brings me to clause 83, which relates employer in the Industrial Relations to what an employer must do to dismiss an Commission where, to quote this would-be employee. Apart from the period of notice and thug, "We always win because the commission compensation provisions, this clause stipulates and the Government are on our side." Lovely that dismissal can only take place if— industrial relations for you, Madam Deputy "... the employee engages in misconduct Speaker! This particular employer did not take of a type that would make it unreasonable too kindly to this threat and advised the union to require the employer to continue the minion to go ahead with his threat and that, employment during the notice period." given all of the circumstances, he, the 9 Jun 1999 Industrial Relations Bill 2341 employer, expected the Industrial Relations tickets to the gravy train. If the Premier of this Commission to see things as they really were, State—"Mr Five Per Cent"—wants to embrace given the verbal resignation—apart from the this Bill, he can wave goodbye to the major driver's job performance and misconduct. plank of his election promises—jobs, jobs, Eventually, they all appeared before the jobs—and his promise of 5% unemployment. commission. All of the evidence was produced The Premier and his Minister Mr Braddy and heard and, in the circumstances, one may have a nice, warm and fuzzy glow from might have expected the driver—who, this gross attempt at social engineering on remember, had resigned verbally—to have behalf of their Trades Hall comrades, but I can been soundly advised by his employer of his assure them both that the employers and responsibilities as an employee. However, I employees of Queensland will come back to know that members will not be surprised to bite them where it hurts most—at the ballot learn that the union minion had it right the first box—when the true cost of this futile exercise time. All that the hearing officer wanted to in industrial relations reaches into the pockets know from the employer was had he notified of every business and employee in the driver properly in writing of his misconduct Queensland. This is no bone of contention. and the fact that such misconduct could lead This is a fact. This Bill belongs in the rubbish to his dismissal? The employer correctly bin. responded that he had not done so because Mr PURCELL (Bulimba—ALP) the employee had verbally resigned and had (5.37 p.m.): We might get a bit of balance never returned. Bad luck, Mr Employer! The back into the debate, if we possibly can. The commission not only found for the driver, in current system for negotiating agreements is that he had not been properly notified, but hamstrung by ideological people who want to also went on to award the driver $7,500 in force people into agreements to which they do compensation for all of his troubles and, not want to be parties. Members do not have further, awarded costs against the employer. to cast their minds back too far to find many Just add another $8,700 plus time to the bill instances of this. They are not made up by us for legal fees, etc. To add injury to the insult of or by some fictitious employer. If members this outcome, the driver then ran around the opposite want to run things past me, they town boasting not only of his sexual prowess should give me names and make them real, but also how he and the union had beaten the otherwise it is all make-believe—nearly as bosses. So much for misconduct, which much make-believe as the reports of the port obviously is a very costly commodity! of Brisbane that the port authority put on this This Bill will take us back to that form of table here in the Parliament for three years. force and resurrect that type of costly result on Those reports told us how well that port was business. And whilst on the subject of doing; how the workers had increased their costs—just what will be the cost to this State productivity in box rates down there; how the with the proposed industrial tribunal and throughput was the best in Australia; how we registry? This Bill provides for the appointment were up to world's best practice; and how they of a full-time President of the Industrial Court, could reduce the box rates per customer and a vice-president, a commissioner administrator, give more money back to the people who were commissioners, registrar, president's advisory handling. But because somebody in Canberra committee and inspectors—to say nothing of said that they were not doing it right, they put all of the attendant staff necessary to perform up fences and did what they did. That is real. the stated duties. The mind boggles at the That is not fictitious. cost of the introduction of this army of officials Either those reports that were tabled in and more so when one considers that all of this House are lies and, therefore, the port this puffery is entirely unnecessary. Does Mr authority should be dismissed, or they believed Braddy have some mates looking for a cosy the lies of somebody else who was telling job? Is this his way of reducing them that those workers were not performing unemployment? and were not doing the job. Everybody on the Obviously, there is a great deal more to other side of the House denigrated those this Bill than I have broached—and which my workers and what they stood for because they colleagues also have, and are contesting—but wanted to go to work legitimately. And it was there are three things certain from what the all ideologically driven. It was proven in the Minister has presented to this House with High Court of Australia that what they did was these papers: one, the only winners with this wrong. That is the sort of legislation that we document are the unions; two, the losers are are going to change. The legislation was Queensland business and the economy of this wrong. It wronged people. It took away their State; and three, the Labor lawyers have their livelihood. 2342 Industrial Relations Bill 9 Jun 1999

The framework for negotiating end of it. The assistance of the commission agreements under the Workplace Relations was denied to the parties. Act 1997 is limited by the following ideological The former has meant that it is very views: the enterprise is to be the focal point of difficult to achieve agreement other than for a agreement making; and employers and single business. As noted by the industrial employees are to negotiate directly without the relations task force in its final report— intervention of third parties. That never happened. The only reason Reith is not in jail "... the current arrangement makes now and that the parties did not continue the agreements involving more than one dispute was because the union decided that it employer, including those involving major wanted to survive and look after its members projects such as construction projects, on the wharves. A Government has unlimited difficult to obtain." tax funds and can change the rules if it looks Those are the words of the task force. I would like losing. That is when one has to start say it is virtually impossible. In submissions to looking after one's troops. No-one in this place the task force, employer groups such as the would not believe that Reith was not a third Private Hospitals Association, the Australian party. He was illegally interfering in this matter Mines and Metals Association, the in contravention of his own Act. I can assure Queensland Hotels Association, the honourable members that Reith's time is Queensland Chamber of Commerce and coming. The employees he conned onto the Industry—a few mates of yours, Santo— wharves will be just about getting to the Mr Santoro: They are all mates of mine. Federal Court when the next election comes around. We will see how Reith and his little Mr PURCELL:—and the Australian curly-headed mate handle it then. Industry Group argued that the range of agreements should be increased or made Mr Santoro: The workforce is down by easier to achieve. Even employers are arguing 50% and productivity is up. What about that? that it is too hard to get agreement. Mr PURCELL: The reports have been In considering submissions from such tabled by the port authority. Is the member for groups, as well as evidence about the uptake Clayfield telling me that those reports are lies of agreements and trends in agreement and therefore they should be dismissed making, the task force concluded that there because they have misled the Parliament? should be provisions in the legislation for Mr Santoro: You mentioned Reith. Are agreements for the following: a single you going to sack him too? employer or enterprise, multiple employers, Mr PURCELL: No. The member for projects and greenfield sites. The task force Clayfield is saying that what Reith was saying also recommended that these types of is correct. He cannot have it both ways. Either agreements should be equally available: that Reith is lying or the port authority is lying. The is, that there should be no ideological view that honourable member cannot have it both ways. enterprise based agreements are somehow superior to other types of agreements and A Government member interjected. therefore should be easier to achieve. Mr PURCELL: I reckon he was. The hairs The Industrial Relations Bill 1999 on the back of the necks of the other blokes implements this recommendation. The Bill should be standing up because they will not provides for agreements for a single business be there for much longer. or enterprise, multiple employers' projects or The latter view resulted in restrictions on proposed projects and for new businesses. the capacity of the Industrial Relations Employer groups have been critical of the Bill Commission to assist parties to reach on the basis that it does away with greenfield agreement. There are not too many industrial agreements. In fact, new business relations practitioners on the other side of this agreements are designed for genuine House. From time to time both parties need a greenfield sites. Greenfield agreements were third party to assist them to overcome their intended to cater for the establishment of new problems. businesses—to make it easier for companies Mr Santoro: Our legislation allowed that. wishing to establish a new business to finalise employment arrangements prior to the Mr PURCELL: Your legislation allowed employment of any workers. This is exactly nothing. what the new business agreements will allow. Mr Santoro: Yes, it did. To claim to be a practitioner and to say Mr PURCELL: If the other party refused to what the member for Clayfield is saying in negotiate or sit down and talk, that was the relation to AWAs is absolutely wrong. Builders 9 Jun 1999 Industrial Relations Bill 2343 employ people over a period. They go from are in receipt of different wages and site to site and from project to project. The conditions. member for Clayfield is saying that if builders Obviously, the member for Clayfield has have six different projects they should be not lived in Queensland for the past 30 years paying six different rates because of six because, prior to the AWAs, project different agreements. That is absolutely crazy. agreements were negotiated on sites for 25 All that is doing is sowing the seeds for the years. The Queensland situation was a model problems that are now being reaped in all sorts for the rest of Australia. All the unions of places. combined in a single bargaining unit. Every Mr Santoro: There's nobody complaining major infrastructure project from Norwich Park about the current arrangements. coal—which was when I first started with the Mr PURCELL: Nobody has complained union—to the building of the last big power about it? There have not been any industrial stations were all negotiated under a single blues, hey? bargaining unit. Mr Santoro: You said employers. This did not occur elsewhere in Australia and the other States are now starting to reap Mr PURCELL: I said employees. the whirlwind. Workers discover that someone Mr Santoro: You said employers. on site is receiving an extra 50c or $1 an hour. Mr PURCELL: They talk to me, Santo, There is leapfrogging on the site. Employers they may not want to talk to you. are held to ransom because people working side by side are receiving different wages. Mr Santoro: Come on! Mr PURCELL: We named them. The Loy Yang blue in Victoria arose because the metal trades workers received a Mr Santoro: Get out of it. wage rise, then the building unions received a Mr PURCELL: Research suggests that wage rise, and the metal workers would chase greenfields are currently used as de facto that rise and so on. That job took four times project agreements for construction purposes longer than it should have because there was as project agreements are extremely difficult to no single bargaining unit and a project achieve under the Workplace Relations Act. agreement was not negotiated. It was For example, of the 108 greenfield absolutely crazy stuff. The member for agreements, 56 related to just two projects. Clayfield wants Queensland's taxpayers to lose The agreements involved were identical. Only money they can ill afford to lose when projects the employer's name varied. This Bill's are not delivered on time. provisions for project agreements eliminates Project agreements will be able to operate this unnecessary duplication. The Bill retains for the life of the project, thereby avoiding the the advantages of greenfield agreements in need to negotiate a new agreement mid- providing for new business agreements. They project. Generally, agreements have a may be made before any employee is maximum lifespan of no more than three engaged by the new business. Employers are years. Employer organisations will be able to able to rationalise union coverage for the new sign project agreements on behalf of member workplace. companies. That means that subcontractors This means that an investor wishing to who are members of employee organisations establish a new manufacturing plant, for will automatically be covered by the project example, will still be able to finalise the wages agreement while on the project site, thereby and conditions of employees before they obliterating the need for subcontractors to commence employment and be able to negotiate a separate agreement. These rationalise union coverage, if desired, in order provisions will make project agreements more to introduce flexible work practices. The Bill attractive and workable. The provisions will contains provisions for project agreements ensure that all relevant unions are given the which offer many advantages for project opportunity to be party to an appropriate developers. agreement, which will avoid demarcation Proponents of projects will be able to disputes. These provisions are similar to the negotiate agreements which operate to the informal arrangements that operated exclusion of other agreements so that all satisfactorily under the Industrial Relations Act employees working on a project will work under 1990. a single set of conditions. This will eliminate a I remember a very nervous Bjelke- common cause of disputes on projects where Petersen and Edwards speaking to the employees of subcontractors working side by building unions when we won Expo. They were side on a project, undertaking identical work, concerned that it would not be finished on time 2344 Industrial Relations Bill 9 Jun 1999 and that we would experience what happened relations and working in industries. The Bill in Canada, where they were still building as provides an expanded range of agreements Expo was operating. There was no problem. that are designed to meet the diversity of The Queensland Government sat down and employment situations both now and in the negotiated a project agreement with the future. This approach provides greater unions. They honoured their part of the deal opportunities for employers and employees to and we honoured ours. End of story. Expo was select the most appropriate agreement for built on time with a minimum of fuss. their particular circumstances and to negotiate Mr Santoro: It was a green site expo. You agreements that meet their specific needs. know that. If anybody thinks that they can force Mr PURCELL: What does the member people to work under restrictive work practices mean? A green site? Does he mean that the or that they can force somebody to join builders did not work on other sites at the another organisation when they do not want to same time? What planet does the member because of an agreement, or that they can live on? If the member believes that people move them from one site to another, they will working at Expo did not work all over Brisbane, find that, as the High Court found, it is he does not live on this planet. At the time, unlawful. That is how Reith came unstuck in a there was a boom in Brisbane. I happened to large way. be organising that job and about 40 other I would like to talk about a couple of other jobs. If the member thinks that people just matters, such as giving notice to enter a worked at Expo and nowhere else, he has no workplace. The people who interfered with that idea what is going on—none at all. practice really did not know what they were I know who the Government of the day about. I have heard what previous speakers have said about unions coming into rang when one of their employers had stuffed workplaces. We have never had a problem up and there was a problem because people with people coming into workplaces. Of course, were injured on the site, or because that employers who had problems with unions employer was not adhering to the occupational coming into workplaces had something to health and safety regulations, or when people hide. Usually, their work site was unsafe. were not getting paid correctly. They used to Therefore, the employer does not want the give us a ring to come down and sort them out trade union representative looking at the so that the job could finish on time. When we working conditions or finding out the terms made a deal, we stuck to it. That is where under which the workers are employed. To ask most of the employers came unstuck. They did not stick to their agreements. a union to nominate—give up an employee—who they are going to see is The Bill also removes the impediments in absolute rubbish. How many employers give the current Act on the use of agreements by up their mates, except Santo? I know that we multiple employers, that is, joint venture on this side do not do that. situations, or cases where they are related to The members opposite also do not take corporations, common enterprises, or into account that this Bill is going to apply to employers involved in undertaking similar work. families. It is not the unions who work on sites; The Bill allows such agreements to be it is men and women who belong to families amended to add new employers when the and who want a decent pay packet to take other employer parties and the employees of home to them. These people do not hide their the new employer agree. The Bill enables money or bury it in a hole in the ground out in employers and employees to make the type of the back yard; they spend it. When they spend agreement that suits their needs, be that for a that money in the community, that expenditure single enterprise or for more than one multiplies about six times and creates more employer. The Bill retains individual jobs. This Bill is all about families; it is about agreements. Queensland workplace looking after men and women so that they can agreements are recommended by the task get a decent return for their labour. Earlier we force. heard that the single working parent is nearly a The previous Government rhetoric was thing of the past. We have a Federal Liberal about choice. However, the choice and the Government that pays lip-service to families. It range of agreements under the Workplace does not care. It wants to enforce the Relations Act 1997 is limited. The new Industrial Relations Act and screw wages down legislation is not hidebound by ideology; it is to as low as possible, thereby forcing both motivated by the practical requirements of parents to work. That is an absolute disgrace. employers and employees who on a day-to- The pressure that places on parents and their day basis spend their lives in industrial children is absolutely disgusting. 9 Jun 1999 Burnett Water Storage 2345

The Workplace Relations Act 1997 is Resources Minister, , visited mirror legislation of the Federal Act. Through Bundaberg and admitted that it could take a this Bill, this Government is changing the further 24 months before the department legislation to mirror what Queensland is all would even identify the best site for the about—giving people a fair go. It strengthens proposed Paradise dam or a major storage on the commission to help both sides. If we have the Burnett River. To keep their promise, that a weak commission, we have weak industrial leaves the Government two years to conduct relations laws. Before I finish, I would like to the IAS on the chosen site and actually quote the following— construct the massive $247m dam—a "For a worker to refuse to belong to a construction job that should take two years but union is not to exercise a democratic could take three years. freedom. It is to accept benefits that Mr Beattie has not only broken his others have worked for, without promise to the people of my electorate but contributing to the costs. also most likely damned to the unemployment Democracy flourishes only when scrap heap many hundreds of my constituents freedom is accompanied by and those of Labor member Nita Cunningham. responsibility." This is from a Premier who talks jobs, jobs, jobs and a 5% employment target! That is Debate, on motion of Mr Malone, another promise to the people of my region adjourned. that he will break. While the Premier sits in his office and pats himself on the back, one of the BURNETT WATER STORAGE shires that will benefit the most from this increased water storage has an Mr SLACK (Burnett—NPA) (5.57 p.m.): I unemployment rate approaching 30%. Yes, move— nearly 30%! "That this Parliament reaffirms the The member for Bundaberg knows how Premier's public commitment to important water is for the future of our area. constructing a major water storage on the She claims that she stood for Parliament to Burnett River within five years from the get the Paradise dam fast-tracked and to June 1998 state election." create more jobs which are so desperately On 11 June 1998, an ambitious needed in our district. She was the Mayor of Opposition Leader stood in the central Burnett Bundaberg and she knows just how many business district of Bundaberg in front of a industrial projects and job generating group of journalists and promised to build a businesses have gone begging because of dam on the Burnett River within five years the desperate shortage of water in our area. subject to environmental studies. He said that She must be feeling very embarrassed right water and the lack of Government action in now. Instead of accelerating the process, it is this area was a symbol of the then going slower than ever. It is a pity that the Government's dithering. Mr Beattie then went member for Bundaberg did not know that one on to tell the waiting throng exactly what the can lead a Labor horse to water, but one can current Government was doing wrong. It never never make it drink—— appeared to him that the dam evaluation was dragging on because "one consultation An Opposition member: Or build a dam. process began as the previous one finished". Mr SLACK:—or build a dam. That is Surely the now Premier would not have made exactly what the coalition Government did with this pledge to the people of Bundaberg the advanced planning stages of many water without advice that it was feasible, practical storage projects in Queensland such as the and achievable. Some weeks before Mr Nathan dam, the St Helen's Creek dam near Beattie's pledge, based on information from Mackay and the Finch Hatton dam. The the Natural Resources Department and on the coalition Government has led the Labor coalition's Cabinet position, the then Premier Government to water in all of those areas, only had already committed to the to see it evaporate. Labor has put the brakes five-year plan. on every one of those projects and there are many others looking exceedingly shaky. Almost 12 months to the day that Mr Beattie made this promise to the people of Under the coalition Government, the Bundaberg and the Burnett, his Government engineering and feasibility studies into the stands condemned. By his own words and by prospective dam sites for the lower Burnett his Government's appalling inaction on this River began in earnest. In July 1997, the DNR desperately needed project, this Government initiated new aerial photography, field control stands condemned. Last week, the Natural surveys and the production of updated contour 2346 Burnett Water Storage 9 Jun 1999 maps of the Paradise dam site. That was a When Rob Borbidge told the people of three-month study and it preceded the Bundaberg that the dam could be delivered engagement of a consultant to undertake within five years, he based his commitment on detailed feasibility studies and a preliminary a full and proper procedure outlined by the impact assessment for storage at the Paradise DNR, which had the full support of Cabinet. It site. By early 1998, assessment work on the covered all the environmental bases and was prospective sites, including Paradise, Mingo achievable within the five-year time frame. All it and Kalliwa, had already begun. That included would take for the Government to deliver on work on the actual proposed height, cost and this promise is to stop dragging its feet on the technical details of the project. We should not choice of a site, conduct the IAS in conjunction forget that a lot of data had been collated with the current WAMP, and maintain the level during the development of the of commitment that we had to a major dam. Burnett/Isis/Bundaberg irrigation scheme which This would ensure that one consultative was, after all, designed to include a major process is not begun as another is finishing, lower Burnett water storage project. which is the approach that this Government More than 18 months of work had already has adopted and which is the very approach been expended on identifying a dam site that Mr Beattie scorned while in Opposition. when we left office. The Minister, Mr Welford, I assure the Minister and the member for now expects us to swallow his platitudes that it Bundaberg that the coalition Government had could take another 24 months. Does he think put in place the fast-tracking of all relevant that we are so gullible? Would any engineering studies and had embarked on the time expert think that it was reasonable to take effective option of doing the WAMP and IAS three to four years in total to identify a site? studies jointly. The largest consultant engineering company in Mrs Nita Cunningham: That's rubbish. Queensland, Sinclair Knight Merz, did not think that that was reasonable. In October 1997 Mr SLACK: Minister Welford is being they met with me and the then Natural deliberately deceitful on the matter when he Resources Minister, Howard Hobbs, to present refers to the position of the Department of a detailed planning report indicating how water Natural Resources in early 1997, because the from Stage 1 of the Paradise dam could be for goalposts were moved forward after that date. sale from 2001 and from the completed The member for Bundaberg says that that is project in 2002-2003. This was the precursor to rubbish. Was she there? Was she in Cabinet? the coalition Government bringing forward the Does she understand it? I do not believe so, DNR scheduled time line on Paradise dam. otherwise she would not make such Today I table the independent advice that comments. I can only emphasise and reiterate shows just how achievable the five-year plan that the position was changed to bring forward was and still is. the construction timetable—a timetable that both Mr Borbidge and Mr Beattie endorsed 12 It is not only unreasonable to take more months ago. The member for Bundaberg has than three years to choose a site; it is also a seat in this Parliament basically as a result of contrary to the advice given to us by the the Premier making that pledge in Bundaberg. Natural Resources Department and Sinclair She cannot try to duck away from that. It was Knight Merz. If it was reasonable to take more a major issue in the election of the member to than three years, would the Minister, Mr the seat of Bundaberg. Welford, be happy to furnish the Opposition with a copy of the preliminary assessment Mr Welford: Tell the truth. report on the suitability of the sites, which was Mr SLACK: That is a good one! The due for completion in September last year? Minister has been very careful in choosing his Indeed, where is the Minister during this very words. In essence, he is a fraud on this issue. important debate? Since the member for Bundaberg has made The coalition Government delivered on such a strong stand on water provision, where the Walla Weir and endorsed a $12.5m water does she now stand? Is she going to continue augmentation program that would have raised to make blind excuses—— the three existing weirs at Bucca, Walla and Mr WELFORD: I rise to a point of order. I Mundubbera, which would have provided an regard the allegation that anything I have said additional 20,000 megalitres to the Bundaberg is fraudulent as grossly offensive and I area. I note that the weir bags still have not demand that it be withdrawn. The member been ordered and that it may be the year does not even live in his electorate. 2000 or even 2001 before farmers get any Mr SPEAKER: Order! The member will benefit from our 1998 decision. withdraw. 9 Jun 1999 Burnett Water Storage 2347

Mr SLACK: I withdraw if what I said street he told reporters that, if possible, they offends the Minister. Will the member for should be simultaneous. But now in spite of Bundaberg continue to make blind excuses for these criticisms and the now Premier's the Labor Government or will she show some promise, the Burnett water storage has been courage and stand up for her electorate? consigned to the growing list of major water Surely she will vote to accept the motion that projects frozen by the Beattie Government. this Parliament reaffirms the Premier's public The Premier's criticisms have come back to commitment to constructing a major dam on haunt him. the Burnett River within five years from the Only last week the Minister for Natural June 1998 statement and let the people of Resources visited Bundaberg to proclaim that Bundaberg be the judges. it would be another 24 months before a site for Time expired. the dam was even identified. Then the Burnett Hon. V. P. LESTER (Keppel—NPA) WAMP would be completed and only then, (6.07 p.m.): I second the motion. It is indicative according to a Bundaberg News-Mail report in of this can't do Beattie Government that, once the first week of February, the Department of again, the Opposition has to come into this Natural Resources would introduce the impact House and try to hold this Government to its assessment study for the new storage. What election promises. That is a shameful thing. about the Premier's commitment to running The Beattie Government ran its election these studies concurrently? It has been campaign on the platform of jobs. It was going absolutely forgotten. What has the Minister for to be a can-do Government, but so far the Natural Resources being doing in the nearly 12 Government's performance has been months since the election to fulfil Labor's pre- absolutely dismal. election promises? Unfortunately, nothing! What has the Beattie Government been doing Tonight we are debating one of the to deliver on the coalition's $12.5m water biggest issues in the Burnett region: water or augmentation projects on the Burnett, the the lack of it and the Beattie Government's will raising of the Walla Weir, the Bucca Weir and or lack of it to fix the problem. So important is the Jones Weir—projects that will deliver the issue of water to the Burnett region that another 21,000 megalitres to the Burnett the current member for Bundaberg made it a region? Again, the answer is: nothing. The key plank of her election campaign. In fact, on inaction of the Beattie Government in respect 3 June 1998 at her campaign launch she of water development and job creation is said— consistent. It has squibbed on the big projects "In Bundaberg the major issues are and on the smaller projects. Meanwhile, jobs and water, and very early after the farmers and other industries in the Burnett that election I would hope to have the relevant need water have been left high and dry and Ministers here in Bundaberg to assess the the 30% unemployed have been left stranded. possibility of fast-tracking a major water The member for Bundaberg is squirming storage like Paradise dam." in her seat, and well she should be. Her Those relevant Ministers have visited election platform of water and jobs is looking Bundaberg, but the fast-tracking of a major decidedly rickety. The Beattie Government will water storage project has proved to be nothing not deliver on water or jobs. If the member for more than a mirage on the horizon for the Bundaberg is genuinely committed to Burnett fruit and vegetable industry, the sugar providing water for the Burnett region and jobs industry, and the near 30% of young people for the people in her electorate, she would who, unfortunately, remain unemployed in the cross the floor tonight and support our motion. region. The Opposition has not moved an She would support the holding of the Beattie unrealistic motion tonight. All members should Government to its pre-election promises. If the be very clear that this motion simply calls on member for Bundaberg does not hold her the Beattie Government to honour the Government accountable and stand up for the Premier's pre-election promise. people in her electorate, her electoral platform and credibility may well come under scrutiny Back on 11 June 1998 the then and she will come crashing down at the next Opposition Leader matched the Borbidge Government's commitment and promised to election. build a major water storage facility in the area Time expired. within five years. However, he went further Hon. J. P. ELDER (Capalaba—ALP) than that. He went on to criticise the dam's (Deputy Premier and Minister for State evaluation process, claiming that it was Development and Minister for Trade) dragging and that one consultation process (6.12 p.m.): I move the following begins as another one finishes. In the main amendment— 2348 Burnett Water Storage 9 Jun 1999

"Remove all words after 'That this we are acting on scientific advice. Members Parliament' and insert— opposite will not accept it, and I do not expect 'will continue to support the long-term them to. They just do things when it suits water needs of all regions of Queensland, them. The old National Party trick was to say, including the Burnett, with a proactive "Don't you worry about that." They use a approach to catchment planning, scientific argument when it suits them. WAMPS, improved water efficiency and The member for Burnett is a problem for community involvement to ensure security the member for Bundaberg, because she of water resources is achieved in an carries his workload. If we were to ask anyone environmentally and economically in Bundaberg who looks after the problems of sustainable way.' " constituents in the Burnett, they would tell us Interestingly, over the past few weeks we that it is the member for Bundaberg. Time and have had a succession of debates on the time again when I have been up there I have regional forest agreement—something which I been told that the problem of the member for have noticed members opposite are not nearly Burnett is that he does not visit Bundaberg. He as keen to talk about in the past week. This spends more time in Brisbane than he does in week the only mention of RFAs was on his electorate. Tuesday in a question that was asked of me in Mr Seeney interjected. question time. In the course of this debate Mr ELDER: If the member for Callide read members opposite have been very keen to the newspapers up there, he would see ads jump on one issue. Over and over again in placed by the member for Burnett that tell relation to RFAs, members opposite keep people to phone him at his parliamentary saying, "You must have a scientific solution. office. Where is that? Here! But he is never You must use science. You must use logic. here. He is never in his electorate and he is You must have a scientific outcome." That is never here to answer the phone calls from his what they keep saying. paid ads. Where is he? Is he with the latte set Let us have a look at what they are at Park Road or at the Coffee Club at saying now in relation to a major storage on Cleveland? The fact of the matter is that he is the Burnett River. They are now saying, "Hang never in his electorate. He has not been the science. Hang the logic. Don't worry about surfacing in his electorate. He has left that to the capacity of the dam or the impact on the the member for Bundaberg. The fact is that, if river system or water flows. Just build it." That he spent more time there, he would know is the typical National Party response: "Don't exactly what the people in his electorate are you worry about that." That is exactly what saying about this issue. He would know that they are saying in relation to this issue. they are comfortable with the approach that this Government has taken. The Premier said that a dam would be built subject to environmental studies. That is A few weeks ago I was in Bundaberg contained in the first paragraph in the article speaking with all of the local mayors. They from the Bundaberg News-Mail that the were not all that impressed by the contribution honourable member has been quoting from the member for Burnett in addressing the constantly. The second paragraph of the issues that they were bringing forward. He article stated that the Premier said that he was knows that. He would know that a couple of not going to make silly commitments on the mayors have taken a really keen interest the campaign trail. It is as simple as that. member's performance. If I were him, I would be watching my back. His performance has Let us nail the strength of what we are been shameful. doing. We are conducting a WAMP in consultation with the local community. That Time expired. means that a detailed study of stream flows Hon. R. J. WELFORD (Everton—ALP) will be used to determine the available (Minister for Environment and Heritage and resource, present commitments and Minister for Natural Resources) (6.17 p.m.): I environmental needs. I am advised by the second the amendment. Is this not typical? Minister for Natural Resources that that will be The can't-do Opposition is complaining about ready in the first half of next year. Guess what the Government is doing. Let us make it what? That is well inside the five-year time clear what the Opposition achieved when it frame. The Premier's statement was made in was in Government for some two and a half 1998. If we add five years, that takes us years. It made one decision about a dam. Do through to the year 2003. Next year just members know what it was? It decided that happens to be the year 2000. We are right on the Comet dam would not go ahead. The one target in relation to that commitment. However, decision that it made about whether a dam 9 Jun 1999 Burnett Water Storage 2349 would be built was that none would be built. Talk about fraud! The member for Burnett That was about as far as they got. is a beauty talking about fraud. The first We see the phantom member for Burnett statement that he ever made about a dam in trying to whip up some steam about the the Burnett was that it was going to be ready Burnett. Let me tell him about the Burnett. In in three years. Then his leader turns around the Burnett, a catchment planning study was five minutes before the election and says that started when the Opposition was in it is going to be ready in five years. Now they Government. It had basically done nothing have the hide, having not even started the else. The WAMP was nowhere near being WAMP, to come in here and complain that our started. If I had not started it, to this day it Government has not moved things forward in would not have started. I brought forward the the Burnett. We have done more in the WAMP for the Burnett so that it would run Burnett in nine months than they did in two simultaneously with the other catchment and a half years. planning studies. I am the one who has taken Mr Reynolds: They are a bit the initiative to bring forward the WAMPs for embarrassed. the Pioneer and Barron Rivers. Members opposite did nothing. Mr WELFORD: They are very embarrassed. We have already got the initial Five minutes before the election the engineering appraisal for the lower Burnett former Premier ran around saying, "You'll have River dam sites out there in the public domain. a dam in five years." The current Premier was We have already got the initial environmental not silly enough to make false promises similar evaluation for the lower Burnett River dam to those that the now Opposition Leader sites out there in the public domain. We have made. He said that he was not going to make got the catchment planning study going. We any silly commitments before the election, have got the urban water strategy operating. because he recognised that planning properly We have got the ground water rescue project for water in the Burnett was what the well and truly down the track and are linking it Government had to do for the long-term in to the assessment of the river resources in security of water supplies in the Burnett. the WAMP. Simply building dams without any regard We have so much happening now in the for their capacity to service the needs of Burnett that people in the Burnett realise that people who need water would not be a we are now doing a great deal to progress the responsible approach to take. Yes, the issue of water resources in the Burnett—not member for Burnett can wave around the because the Johnny-come-lately member for press statement that has a headline that Burnett suddenly turns up on his electorate misleads and misrepresents what the now doorstep once every six months, but because Premier said. He knows well what the Premier the member for Bundaberg has genuine said; he said that we would do what is needed concerns about her community and has got a to provide water for the people of the Burnett Government that is responding, unlike the region, but that we would do it in a responsible previous Government. Its members could not way. We are not going to make silly election care less about the member for Burnett commitments on the eve of an election in the way that members opposite did. because they know that he does not care about his electorate. He is retiring at the end of The reality is that members opposite were this term, anyhow, and for the last term he was in no position to determine any time span never in the country. So why would anyone within which they were going to deliver on the ever worry about him? Burnett, because they had not even started Time expired. the WAMP—unless what they are now disclosing is that they never intended to do a Hon. T. R. COOPER (Crows Nest—NPA) proper assessment of the water resources and (6.22 p.m.): As usual we hear from members allocation in the Burnett before they built a on the other side of the House this endless storage. That is what they are confessing rhetoric about how much they have done and tonight. What they are confessing is that they are going to. Of course, the reality is that we were planning to build a dam without any do not see any results. Again, they have listed assessment of the resource, the capacity for a whole heap of things that they reckon they allocations or how they would be allocated, are going to do. There is nothing concrete at and without any regard to environmental flows all. Why is it that all the people of Bundaberg to maintain the health of the catchment in the are still complaining? Why is it that the Burnett on which so many of the farming Bundaberg media and the people of industries of the Burnett depend. That is what Bundaberg are still complaining that nothing they are saying tonight. has been done? It is because they, the 2350 Burnett Water Storage 9 Jun 1999 people, have got it right and members successive years of below nominal irrigation opposite have got it wrong—as usual. So we allocation levels, horticulture and particularly have to sit and listen to this rhetoric. sugar production has been severely restricted. I know that the member for Bundaberg is Mrs Edmond: You are the ones who embarrassed. Of course she would be. She promised more water than there ever was. It is would have to be embarrassed because she my family up there who are affected by this. knows that they are not doing anything. She Then you refused to put in piping for the knows darned well that they are not doing Monduran Dam. anything and that, even in the future—up until Mr COOPER: I know that the member is the time of the next election—nothing will be the Minister for Health, but the debate that we done. However, we will continue to keep them are trying to discuss tonight is far, far more honest in relation to development in the important because the people of Bundaberg Bundaberg region. and Burnett are a darned sight more We know that the Bundaberg region is concerned—and we are concerned for them— one of the most renowned, one of the most than she is. Quite obviously the Minister for successful and probably the premier Health is not. Her performance and record up horticultural and sugar growing district in the there is no good either, because the people State. We know that and we also know that continually criticise her as well. the fruit and vegetable industry and the sugar Water, as we have said, is a scarce industry are now worth about $160m and commodity. We know that. When water is $139m respectively. Those industries provide scarce, growers are faced with the dilemma of thousands of jobs for the people of the whether to water small crops or sugarcane. Burnett. What those on the other side have Sugar is generally the loser in favour of the done is spent most of their time talking about high return of fruit and vegetables. Tree crop RFAs. Then they went into personal farmers have to decide whether to conserve denigration of the member for Burnett. That is their allocation and use only sufficient water to all they had; there was no substance in their keep their trees alive and then use the addresses—none at all. Members opposite balance of the allocation later in the hope of know as well as we on this side of the House getting the trees into production or, and the people of Burnett and Bundaberg do alternatively, keep the trees healthy and hope that they are failing because they are not for the best. Under both practices, production delivering. People want to see something. is restricted. They want to see something that is genuine Just as we have found with the future of and real, and they are not seeing it. other areas, be it the Lockyer Valley, the But underlying the considerable statistics Brisbane Valley or the Darling Downs, this area on the industries of that area is a glaring and will not have a future unless there is a secure very serious problem, and that problem is that water supply. Members opposite know that. the Beattie Government refuses to fix these The difficulty they have is actually doing things despite having been given the tools to something about it. The difficulty they have is do it by the Borbidge Government. Both these making decisions to actually make things industries rely on irrigation water. We talk happen. That is why their Government has about irrigation water and the smart practice of been such a failure in these past 12 months. It using irrigation water, which we agree with has not delivered on a single thing, except the absolutely. But there cannot be the smart things that we started. We have done it for practice of using irrigation water if there is not them. We are quite happy to continue to show the water in the first place. We have to make them how. sure that we have water supply security for the Time expired. future. If we do not have that, then the rest falls to the ground. Members opposite know Mrs NITA CUNNINGHAM (Bundaberg— that themselves. ALP) (6.27 p.m.): I am not sure whether this motion is against the Government or against The main irrigation supply—the the member for Bundaberg, but what we have Bundaberg irrigation scheme—which some here this evening is the member for Burnett 70% of growers access, cannot meet the misrepresenting this water issue, just as he demands placed on it. Underground aquifers continually misrepresents me and has are being severely affected by salt water deliberately misrepresented the Bundaberg intrusion, which is affecting production levels, Hospital issue, the Childers dental clinic issue, water use and soil structure. The Fred Haigh the RFA, and the list goes on and on. His Dam at Gin Gin reached the record low of 3% outrageous claims are being made with no capacity in 1998. Under this scenario and with reference to fact and no intention to do 9 Jun 1999 Burnett Water Storage 2351 anything positive—it is just cheap political point Bundaberg and the whole Burnett catchment scoring made under privilege in this House in a area can be assured that it will be Labor again deliberate attempt to again mislead the people that listens to their needs and Labor again that of Bundaberg and to undermine industry will deliver on those water needs in the best farmers and our regional communities. environmentally sustainable and most If the Opposition and the member for economically viable way. Burnett, in particular, had put as much effort I know full well the need for more water in into building this dam while they were in office Bundaberg and in the Burnett region. In fact, as they have put into knocking it from the as has been said, I got out of a very Opposition benches, then we might have it comfortable chair to come to this Parliament to today. But the coalition made no decision to do something positive about the problem, proceed with a major storage on the Burnett because I could see that the member for while they were in Government. In fact, they Burnett was not achieving anything. I will made no positive decisions on water continue to work with the Government, the infrastructure at all during their time in power. Minister, departments and the water users to Their biggest decision, as we have heard, was ensure that there is long-term water security in to stop the Comet dam. our region for our future. Honourable members interjected. If we do not follow the necessary and Mr SPEAKER: Order! I would like to hear responsible planning procedures this time, if this speech. we make irrational promises just to gain political points, if we end up with another dam Mrs NITA CUNNINGHAM: In regard to this that will not fill, then our region will have no major water storage on the Burnett, the future at all. I urge everyone to support the planning process put in place by the coalition Deputy Premier's amendment. I say to the in 1997 clearly shows that it had no intention member for Burnett: if I could not have this of giving a final approval until mid 2001. In issue resolved after 13 years—the length of contrast, while the Opposition continues its time that he has been in this House—then I whingeing, this Government is getting on with would resign. the job with $4.5m in the current Budget to finish the Walla Weir and $5.7m to progress Mr HOBBS (Warrego—NPA) (6.32 p.m.): work on the planning stages for this major What a disgraceful contribution by storage—work that has been escalated by this Government members! I can sum it up very Government. simply by saying that if bulldust could be put I am astounded at the hypocrisy of the into music, those opposite would have a Opposition in putting forward this motion in the symphony orchestra. light of its appalling record on the provision of After six years of Goss Labor water infrastructure in the Bundaberg district. Government, in 1996 I set up the Water The Bundaberg irrigation scheme was bungled Infrastructure Task Force. It reported on 28 for more than 25 years. Some farms that were February 1997. It recommended that the to go onto surface water were at the last Burnett River catchment be a Category 1 minute allowed to stay off the scheme—a bad priority for the regional planning assessment decision that has led to severe salt intrusion study of the Burnett River. The implementation into those areas. Plans, plant and equipment plan also made an assessment of Paradise were changed and changed again. Only one dam, Stage 1 and Stage 2. It stated that the dam was built instead of two. So what we Stage 1 development would be to meet ended up with in Bundaberg is a dam that current and short-term needs for the does not fill and a scheme that is struggling. It Bundaberg irrigation area and that Stage 2 was only when the Goss Labor Government would be to meet future needs in the was elected that it was finished at all, at the Bundaberg and Isis areas. That development instigation of the then Minister, . It was to cost in the order of $247m. The $2m was also Ed Casey who committed the Burnett River catchment planning and Government to the construction of the Walla assessment study to evaluate structural and Weir. non-structural options to meet assessed future I repeat: it was a Labor Government that demands resulted in a framework being put in made the commitment to build Walla Weir and place so that future developments on that it was this Labor Government that provided the Burnett catchment would be carried out in a funds to finish that weir after almost five and a very sustainable and professional manner. half years of the coalition dragging its feet, as The proposal was put up by the it did with the Bundaberg irrigation scheme. Bundaberg and Isis region local management Labor also finished that. The people of group. A site 131.2 kilometres upstream was 2352 Burnett Water Storage 9 Jun 1999 proposed. The nominated preference was would be constructed within five years. That known as the Paradise dam but there were would mean that it would be up and running in two other sites—Kalliwa and Mingo Crossing. 2002. In subsequent months I was shown The proposed development had a Stage 1 prospective dam site details. Now the Minister capacity of 740,000 megalitres, with a yield of is not even listening. He reckons that he 203,000 megalitres. Stage 2 had a capacity of started this process. He has the details. The 185,000 megalitres, with a 331,000 megalitre progress was made in parallel with the WAMP yield. Costs included future distribution and catchment studies. We had four or five upgrades. The Burnett catchment study, to different consultants working on this particular which $2m has been allocated, will rigorously project. assess demands, evaluate options and Mr Welford: I see. compare the relative merits and impacts to arrive at a preferred development strategy to Mr HOBBS: The Minister did not know achieve maximum regional economic benefit. about that, did he? He forgot about them. They were working to try to progress this. We On numerous occasions when I have were fair dinkum about getting this project up spoken to people in the Bundaberg and and running. The preliminary studies showed Burnett regions the major problem raised has that adequate volumes of water were been the shortage of water. Industry and the available. councils were desperately in need of more water for urban and regional development to It is possible to run the different aspects stop the salt intrusion in underground water of the project in parallel. It takes a long time to supplies—all backed up by the Water build a dam and a long time to do the studies, Infrastructure Task Force. The members but things can be done in parallel. I believe opposite have been going slow on all of these that we were making a responsible water projects. They know that they have been assessment of the project. Salt intrusion was going slow. We have been talking to the starting like a cancer. The social demands of people. the community were there, as were the requirements for rural development. We had to Mr WELFORD: Mr Speaker, I rise to a get on with the job. These projects were put in point of order. The member for Warrego is place. How can the Minister say with a straight grossly misrepresenting the facts. We face that the Labor Government started those accelerated the process. We did not go slow; projects? It did not start those projects. They we have accelerated the process. were going before Labor came to Mr SPEAKER: Order! There is no point of Government. They were started under my order. administration and that of our deputy leader. This Minister is a Johnny-come-lately. Mr LITTLEPROUD: Mr Speaker, I rise to a point of order. Mr MULHERIN (Mackay—ALP) (6.37 p.m.): What a load of claptrap we have Mr HOBBS: Mr Speaker—— heard from the member for Warrego. He is Mr SPEAKER: Order! There is another flashing around the Water Infrastructure Task point of order against you. Force report. What a flawed document! It was Mr LITTLEPROUD: The Minister is a wish list in which every kid got a prize. It misleading the House. The Nangram weir was never had any scientific basis. It never had any to be finished in June this year. It has not even funding allocation. started under this Government. Mr HOBBS: Mr Speaker, I rise to a point Mr SPEAKER: Order! Was that a point of of order. I take exception to the statements order against the Minister or a point of order made by the member. That document was a against the speaker? That is rather unusual. professional document, backed up by all the consultants that we could find in this State and Mr HOBBS: In July 1997 I met again with applauded from the top of this State to the the local industry and local government. I, bottom of this State. along with my director-general, indicated that DNR would get on with the various technical Mr SPEAKER: Order! assessments for the Paradise dam. We would Mr HOBBS: If the member for Mackay continue with other necessary studies in the says that it was not, then he is a fraud. context of the regional study and the WAMP Mr SPEAKER: Order! There is no point of and set up the reference panels. order. We used consultants for many of the Mr MULHERIN: What we should be study components to assist DNR to keep to talking about in this debate is the Opposition's the timetables. It was expected that the dam failure in Government to take on the real 9 Jun 1999 Burnett Water Storage 2353 challenges for regional and rural Queensland. That is the type of visionary initiative the Unlike the coalition, this Government is facing Beattie Government is introducing for rural and up to those challenges, working with regional regional Queensland. If we are to supply and rural communities in close consultation to community water needs into the next century, provide a prosperous future for the many it is important that we make efficient and families who choose to live outside the south- effective use of existing infrastructure before east corner. new water developments are considered. This includes making the best use of available This Government has consistently waste water and recycling opportunities. In my reaffirmed its commitment to assist the electorate of Mackay—another strong sugar communities of Bundaberg and the Burnett growing area—the Government is working with solve their long-term water needs. We have council and rural industry to look at the accelerated planning studies in the region and feasibility of using waste water. promoted measures to help primary producers improve their agricultural production. Recently Mr Littleproud: What about the Finch this Government introduced the rural water use Hatton dam? efficiency initiative, providing $41m to our Mr MULHERIN: That was a flawed primary producers over four years to help them process. A consultation committee was set up, become more profitable. This visionary and people said that it was a con job. That initiative has been introduced by a Labor was confirmed when the member for Government—a Government looking to the Toowoomba South announced on 8 August future for all Queenslanders and not just a few last year that Labor had stopped the Finch mates. It has the potential to increase Hatton dam. People were telling me that agricultural production by $280m annually over members opposite were never committed to the next four years and to create another the consultation process. That was confirmed 1,600 jobs in regional Queensland. by the member for Toowoomba South, when We will be working with primary producers he said on the front page of the Courier-Mail to improve the way in which irrigation water is on 8 August last year that we had stopped it. used. We can, through better water efficiency, So he just perpetrated a fraud on those people and paid lip-service to the consultation save the equivalent of 180,000 megalitres of process. water. This amount of water could irrigate about 49,000 hectares of agricultural land. If The Mackay City Council has expressed this can be achieved, we are looking at 1,600 an interest in reusing waste water from the new jobs—a great result for Queensland. In Mount Bassett and Bucasia sewerage the Bundaberg region, the most significant treatment plant. If it is feasible, such a agricultural crops are sugar and fruit and recycling initiative could have benefits for the vegetables. These will benefit significantly from entire Mackay community, both residential and the Government's water use efficiency rural water users, such as the growers at initiative. Both canegrowers and the Farleigh on the north coast area of Mackay. Queensland fruit and vegetable growers have Water is one of our most valuable and scarce welcomed this initiative—a genuine partnership resources, and I strongly support this initiative between Government and rural industry. by council to make efficient use of waste Queensland fruit and vegetable growers said water. the initiative was an— This Government is taking a responsible "... excellent example of how industry and approach to water resources—an approach for Government could work together to future generations. The Opposition has spent provide significant economic and 12 months misinforming regional communities, environmental benefits for growers and and this debate is yet another attempt to play regional and State economies." politics with people's lives, to cause unnecessary anxiety. Over the past 12 Canegrowers chairman, Mr Harry Bonanno, months, the Opposition told regional said the sugar industry, which is the largest Queensland—— user of irrigation water in Queensland, Time expired. welcomed the move. He said— Mr SPRINGBORG (Warwick—NPA) "The widespread adoption of best (Deputy Leader of the Opposition) (6.42 p.m.): practice water use methods throughout Water is absolutely crucial to the future of the the canegrowing industry would contribute Burnett region. There is no doubt about that. greatly to improved productivity, And the delay that this Government has put sustainability and international into the process which we started is stifling competitiveness." opportunity for primary producers in the 2354 Burnett Water Storage 9 Jun 1999

Burnett, and it is stifling an opportunity for the through with the Nathan dam. We approved development of industry and jobs in the that particular dam. We paved the way for the Burnett. private sector proponents to go forward and What we have seen tonight from garner their finances. What has happened with Government members is a most unbelievable that? We still have dillydallying with that performance. We have seen the Deputy WAMP process, and there is still a great deal Premier come into this Parliament with an of uncertainty. absolutely mealy-mouthed amendment that Let us look at the performance of the means nothing—more processes, more honourable member for Bundaberg. When I consultation, absolutely no commitment to a was in Bundaberg last year as the Minister for timetable whatsoever for the construction of a Natural Resources, I said, "There is no reason major storage in the Burnett area. That is whatsoever why we could not construct that something that those people want. dam within five years", because our catchment The honourable member for Mackay processes were under way. The Minister for talked about Mackay. I am not sure whether Natural Resources talks about the WAMP that will be relevant to the Bundaberg News- process. That timetable was in place when I Mail tomorrow—nor, probably, will the was the Minister. The preliminary assessment contribution from the Honourable Minister for processes were always going to start in the Natural Resources. But the contribution from middle of the year 2000. Nothing has the member for Bundaberg will be most changed, except that we had the will to do it. noteworthy and most newsworthy in her Members have talked about the Walla electorate. Weir. I indicated that, using the principles Some very interesting things have been which were established in the environmental said tonight by Government members. On the impact assessment process which was done one hand, we have the Minister for Natural for Stage 1, there was no reason why we could Resources saying that the only decision the not have had a bag on that weir in April or May former Borbidge Government made was to say of this year. But where is it? The year 2000, that the Comet dam would not go ahead. Yet 2001 or 2002! Goodness knows what else! on the other hand, members opposite wax The people in Bundaberg are really lyrical and carry on about the proper processes starting to question the commitment and the that are to be followed. We followed the proper performance of the honourable member for process with regard to the Comet dam. When I Bundaberg. People have written letters to the became Minister, I followed on from where local newspaper asking, "Where does the Howard Hobbs—the Minister who preceded member stand on truth in sentencing?" She me—left off. I said, "We won't have these stands against it. The other day members people hanging around. We will make a debated the divisive apology issue—another decision to build it or not to build it." issue that has been running in the member's But one thing that the Minister forgot is local newspaper. What about her performance the Nathan dam, the principles of which—the and that of the Health Minister on general environmental impact assessment—we ticked outpatients? She is equivocating on a off on. We gave support to that particular dam. commitment. Where is the commitment that We ticked off on that particular dam. By ticking we will have the water storage built in the off on that project, we gave the private sector Burnett region within five years? Where are proponents the opportunity to go forward and they? They are dingoing out. They stand for raise money. But do members know what the absolutely nothing. honourable member for Rockhampton said at I assure you, Mr Speaker, that the people the time? "You cannot possibly do this of Bundaberg and the people of the because you've got a WAMP process, and the Bundaberg region are going to know about WAMP process is going to have to precede it." this because, for the first time, they actually That is what he said. He said that it could not had a Government—the Borbidge be run concurrently. On the other hand, in the Government—that was prepared to put in Bundaberg News-Mail on 11 June, the Premier place a timetable and to say that it was going said that, "Where possible, we will run the to do something to construct that dam. But processes simultaneously." Government what happened? This Government came to members say one thing and profess another power and proved once again that it is just a thing, but when the wood is put on them they can't do Government. do absolutely nothing. Time expired. Members of this Government started Mr PEARCE (Fitzroy—ALP) (6.47 p.m.): questioning the processes that we went What great timing the National Party has. The 9 Jun 1999 Burnett Water Storage 2355 very day that it brings on this debate and the talking to people out there in rural very day that it continues its scare campaign Queensland, and do members know what the about how dams in regional Queensland have National Party supporters are telling me out been frozen is the day that this Government there? They are saying that they have has given the go-ahead for the $4.2m confidence in a Labor Government putting in refurbishment of the Moura Weir on the place the proper water structure that is Dawson River. The new boundaries have not needed. And do members know why they even been confirmed yet, and I am down have confidence in us? Because they know there delivering to the people in rural that we can get on with it without having Queensland. corrupt influences telling us where to put Mr HOBBS: I rise to a point of order. dams. Mr PEARCE: If ever there was a sign—— This motion is clearly aimed at getting the member for Burnett off the hook. When the Mr SPEAKER: Order! coalition was in Government he did nothing for Mr HOBBS: I rise to a point of order. Bundaberg and the surrounding region. As the Mr PEARCE:—of this Government's member for Logan said last night, when the commitment—— coalition was in Government it could not even deliver a pizza. Mr HOBBS: I rise to a point of order. Last week I received a phone call Mr SPEAKER: Order! concerning the member for Burnett. The caller Mr PEARCE:—to providing water in was asking about workers compensation. I regional Queensland, then—— said, "Mate, according to protocol, you should Mr HOBBS: I rise to a point of order. go to your local member." Do honourable members know what he said to me? He said, Mr SPEAKER: Order! "He's never home." He said, "He's about as Mr HOBBS: I would just like to point out handy as an ashtray on a motor bike." that the member can thank me for starting that program. Mr Cooper: Can you say that again? Mr SPEAKER: Order! There is no point of Mr PEARCE: He said, "He's about as order. I call the honourable member for Fitzroy. handy as an ashtray on a motor bike." He is a do-nothing member. Mr PEARCE: The member did nothing. If ever there was a sign of this Government's What has happened here is that the commitment to providing water in regional member for Surfers Paradise, in the dying Queensland, then today's announcement is a days of his term in office, lobbed into sign of better things to come. This Bundaberg—as he did in my electorate—after Government is getting on with the job. the Nationals saw the threat of One Nation and promised to build a dam within five years, Over the past year, we have seen a subject to proper studies being done. What did wonderful scare campaign from members the Labor Premier do? He supported the need opposite about all sorts of things. That is for a dam, but he said that it would be after a because they have been running scared about proper assessment process. If anything, those One Nation. One Nation ran the mother of all of us on this side of the House are ahead. We scare campaigns, promising to turn back the are ahead of what those opposite promised. clock to the 1960s. So what did the Nationals The WAMP should be ready in the first half of do? They started promising to turn back the next year, which will allow plenty of time for it to clock to the 1950s. be finished within five years. Let us be quite clear about this. Times It is interesting to contrast the present have changed. We do not go around bunging language of the powder puff, never-at-home in dams close to our mates' places so that member for Burnett with what he said when he they can clean up on the benefits. These was in Government and had the opportunity to days, we actually go through the WAMP actually do something. I quote directly from his process so that there is a scientific basis for media statement of 15 May 1997 in which he where we put dams. We are going through the said— Fitzroy Basin WAMP process at the moment in my electorate. Sensible people in central "The Government is expediting all Queensland are saying that this is the way to the necessary environmental and go. I will tell members opposite something. technical studies for these projects and for This is going to hurt them, they are not going Paradise Dam. However we cannot pre- to like it, and I am going to get a great deal of empt the findings of those key reports." pleasure out of saying this. I get around a lot, He went on to say— 2356 Weapons Amendment Bill 9 Jun 1999

"The necessity for proper carry out the same acts of human destruction environmental impact assessment has on a larger scale because they have the power been highlighted by the recent scrapping to order their fellow man to pull the trigger. of the Comet Dam after studies showed Firearms, knives, clubs, machetes, that significant environmental damage explosives—it does not matter which weapon would occur if the dam proceeded." is used, it is the mentality of the person who It was okay for him to say that when he was in uses the weapon that should be addressed. Government, but now that he is in Opposition Videos and movies, video games, the he has a different opinion. The problem is that Internet, violence in the home, drugs and even he is not fair dinkum. modern music have all played a role in the I want to try to introduce some twisting of some people's minds. They have commonsense into this debate about water replaced compassion and tolerance for our because the availability of water has been and fellow man with intolerance, hate and violence. will continue to be of significant importance to If those problems had been addressed as they the development of Queensland. arose, we would not be debating this matter now. I recognise that, because of Time expired. Governments' indifference and failure to Question—That the Deputy Premier's protect people from antisocial activities, we amendment be agreed to—put; and the now need to have controls on tools that are House divided— capable of destruction. AYES, 44—Attwood, Beattie, Bligh, Boyle, Braddy, Personally, I was raised with firearms. I Bredhauer, Briskey, Clark, J. I. Cunningham, D'Arcy, am a member of the Townsville Pistol Club Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, Hamill, and patron of the Townsville Sporting Shooters Hayward, Lavarch, Lucas, Mackenroth, McGrady, Association. I really understand where sporting Mickel, Mulherin, Musgrove, Nelson-Carr, Nuttall, shooters are coming from. These people love Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, their sport, they are responsible citizens who Robertson, Rose, Schwarten, Spence, Struthers, operate within responsible shooting clubs and Welford, Wellington, Wells, Wilson. Tellers: Sullivan, Purcell they take a very responsible attitude to firearm use. Education classes for their members are NOES, 42—Beanland, Black, Borbidge, Connor, an important part of shooters clubs. They Cooper, E. A. Cunningham, Dalgleish, Davidson, certainly do not condone the actions of people Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, Johnson, Kingston, Knuth, Laming, Lester, Lingard, who abuse the use of firearms. I recognise the Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, need for gun control; however, it must be Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, applied in a sensible manner that still allows Simpson, Slack, Springborg, Stephan, Turner, the legitimate use of guns. I do not see Veivers, Watson. Tellers: Baumann, Hegarty allowing club shooters to own semiautomatic Pair: Barton, Goss weapons as irresponsible if those weapons are registered under the same regulations as Resolved in the affirmative. pistols, which have very strict guidelines. Every Motion, as amended, agreed to. person contemplating buying a firearm should Sitting suspended from 7 p.m. to be put through an extensive background 8.30 p.m. integrity check and a rigorous safety course before being allowed access to any firearm. In the interests of the safety of the community, I WEAPONS AMENDMENT BILL do not believe that semiautomatic weapons Second Reading should be made available to the general public. To deny people on the land the right to Resumed from 25 May (see p. 1912). own a semiautomatic weapon may impose Mr TURNER (Thuringowa—IND) some inconvenience; however, they are not (8.30 p.m.): Members of this House have denied the use of a bolt action rifle to perform stated that it is a great pleasure to rise to their tasks. That is the price that we must pay speak to the firearms issue. I find this difficult for the increased violence in our society. to understand. For me, I find the need to I have also listened to members speak speak on this subject very sad. It is abhorrent about the recent massacre in the United that society has sunk to a level that we need States that resulted from the use of firearms. to protect ourselves from ourselves. We talk of However, no mention was made of the fact Martin Bryant as if he were some sort of that, had the explosives involved been phenomenon. However, the Martin Bryants detonated, through the destruction that those have become commonplace in our world. explosives would have caused the death toll Some of them hold very high office, and they from the shooting would have paled into 9 Jun 1999 Weapons Amendment Bill 2357 insignificance. The children got the information course we would not! Yet we allow their minds to build these explosives—— to be poisoned by all the elements that I have Ms Struthers: How can that happen? spoken about, and we do nothing about it. Let us get tough on the real issues. Mr TURNER: The death toll from the shooting would be minor compared to the 100- It has been expressed to me by returned odd people—— servicemen who were involved in close combat that after a while it grows on you. Every day Ms Struthers interjected. death, mutilation and rotting corpses becomes Mr TURNER: I ask the member to listen more acceptable and eventually one does not closely. The children involved got the even notice. People in the comfort of their own information to build these explosives, which homes are bombarded by videos showing are made so easily with step-by-step continuous violence to the stage at which they instructions from the Internet. What is our become as desensitised as the soldiers in a society becoming when we allow people real war and the vulnerable act out the access to this sort of information and then scenarios they are witnessing. My two year old jump up and down when one of our citizens grand-daughter watches the Wiggles. She can does what he or she has been taught to do? It sing all the words to their songs, she knows all could be said that we are as much to blame as the characters and she acts out the parts. the perpetrators. As a result of this massacre, Even at that tender age, children also watch President Clinton has now called for movie videos, many of which are violent, with their makers to consider the consequences of what parents. They are being trained virtually from they produce and the video game industry has birth to accept this violence as normal. Let us agreed to plug a loophole that allows children be honest with ourselves. How many members to buy violent video games over the Internet. in this House would have unthinkingly allowed These moves could be too little too late. their young children or grandchildren to watch However, all of these problems in our society brutal violence in their own homes? must be addressed as a matter of urgency A ridiculous comment that is often quoted before there is no turning back. by the civil rights campaigners is, "If you do not The Beattie Government voted against want to watch it, turn it off." I do turn it off and truth in sentencing. During the debate, Mr many other people turn it off. However, we are Foley stated— not the ones to worry about; it is the people who want to watch these programs, who enjoy "We stand for being tough on crime these programs and become affected by and tough on the causes of crime." these programs who are at risk of becoming Dr Clark also said that increasing the time a offenders. criminal spends in jail will not make a safer Unlike most other countries, Australia is society and that we have to address the fortunate in that it shares no borders with other causes of crime. So I put it to the Beattie countries. Although we live on an island, we Government: the gun laws go only a small way still adopt the policies and bad habits of other towards making a safer society. We have to countries and societies. We have a unique get tough on the causes of crime. opportunity to reject a lot of outside influences. The statistics show that firearms were If we strengthen our own ethics and moral involved in only one fifth of the homicides in values, we could be selective in what we adopt Australia. Therefore, 80% of homicides were from other societies. I emphasise that if the caused by means other than firearms. We are Government is strong enough and prepared to more likely to be killed in the home by a family attack these issues, it may not be too late. member or friend than in a public place by a Every day of every year that passes we sink stranger. On an international level, and this further into the abyss. It worries me that I will figure would come as no surprise to anyone, leave my children and grandchildren in a the United States homicide rate is four times society that is out of control. Australia's homicide rate. What does that tell In the interests of legitimate firearm use, I us? The US is definitely getting it wrong, but see no harm in reviewing the Weapons Act. perhaps some countries are getting it right. However, I cannot support this Bill introduced What are they doing differently from us? by the honourable member for Caboolture Perhaps we need to look at that. Let us without suitable amendments. As members of change every contributing factor that is Parliament, I believe that we should maintain destroying the basic fabric of society and bring an open mind on all issues, including firearms. sanity back to the people. Would we allow our However, I emphasise that the use of firearms children to drink poison knowing that it would to destroy each other is only one element in make them very sick or kill them? No, of the breakdown of our society. 2358 Weapons Amendment Bill 9 Jun 1999

Mr NELSON (Tablelands—IND) The Government cannot get rid of illegal (8.40 p.m.): I apologise to the member for firearms. They are in this country like illegal Nicklin. I do not have a list, and I was last on drugs are. It is illegal to smoke marijuana, but I the list previously. know plenty of people who do. Any member of this House who refers to Ms Nelson-Carr interjected. the Port Arthur massacre as a reason for Mr NELSON: I do not mix with them and banning firearms should take a long hard look the member for Mundingburra shows her at themselves. When this House has debated ignorance on this subject when she speaks like issues relating to Anzac Day and a few other that. The simple fact is that illegal firearms are things, straight away members of the ALP out there—not head lice, but illegal firearms. screamed, "Hypocrisy" and cried, "How dare We should be about fighting crime. you question our loyalty?" I say to them: how Fighting crime does not mean that we institute dare they use the deaths of 35 innocent laws that take away a person's right to own a people as a crutch for their lame arguments. firearm. Fighting crime means that we do The simple fact is that the gun never killed things like introducing truth in sentencing. anyone. The person who operated that piece of machinery killed people and any argument Mr Knuth interjected. to the contrary is insane. Mr NELSON: Exactly. Fighting crime means doing things like deterring criminals Ms Nelson-Carr interjected. from committing violent crime and stopping Mr NELSON: I was brought up with them from purchasing the weapons with which firearms. My father carried a pistol on his hip they commit those violent crimes. I put it to the for 18 years. I have never killed anyone and I House that when the police station in do not have any intention of doing so. To say Lakemba in New South Wales was shot up, it that every firearm owner in Australia will kill was not shot up with a registered firearm. I put somebody is absolute lunacy. That is the it to the House that in Australia most of the reason why we are here tonight. Members murders that are committed with firearms are opposite talk about sticking up for the people not committed by people who are registered or in their electorates. I was elected mainly on a who have firearm licences. They are usually platform of sticking up for the firearm owners in committed by people who have brought guns my electorate. I come from a rural area where off the street from black market dealers, and I there is a high proportion of firearm ownership. can tell the House that those types of The reality is the most murders committed with weapons are available in large numbers. firearms are committed in cities, which The simple fact is that currently there are supposedly have a relatively low proportion of debates about decriminalising things like firearm ownership. If it was not against the law, heroin and marijuana, because we have had a I could have brought a crate containing a Bren long prohibition on those things. The gun and a box of pistols into this House, Government has put in a place a prohibition because those weapons are readily available. on firearms. Will I be in this Chamber in 40 Any argument to the contrary is insane. years' time when I am in my 65th year and, after I have participated in a condolence The firearms that have been banned and motion for some members opposite, will I have confiscated will not be used to commit murders to stand and say, "It is time that we and violent crime. Those firearms were handed decriminalised the ownership of firearms." in by law-abiding citizens who obey the laws of this State, even though it is to their detriment. Mr Wells: Are you after National Party preselection? They do so because they believe that the laws of the State should be abided by. When the Mr NELSON: I put it on the record yet Government disarmed the people of this again for the Minister for Education that I am country, it did not disarm criminals or people not after National Party preselection and I do who were going to commit the violent crimes not want it. I would not be elected if I ran for that it is so worried about. It disarmed the the National Party in my electorate. people on the land, the sporting shooters, We now have a prohibition on firearms, farmers and other people who owned firearms just as we have a prohibition on drug use. for legitimate reasons. The firearms that are Some circles are arguing for the removal of being used to commit murders and acts like that prohibition on drug us—to free it up a little. the Port Arthur massacre are still on the streets I do not agree with that personally. I believe and they will still be there in 20 years' time. that drug use should remain a criminal The Government will not get rid of them, and it offence. However, in a few years' time will we knows that. There is no denying that at all. have the same debate to decriminalise firearm 9 Jun 1999 Weapons Amendment Bill 2359 ownership? Maybe history will be the best fortunate. It is a great thing that Federation in judge of that. this country was created by a vote and it is a I put on the record that I do not have a great thing that we can come into this House firearm licence and I do not own a gun. When and debate issues. Even though I vehemently I was in the Army I was quite happy to hand disagree with some members in this House, it my firearm in at the end of an exercise is a place of debate and we can discuss issues because I hated the thing. It was a tool that I here. used as a soldier in order to carry out my duty. In some cases when legislation is passed, I did not want to take it home and I did not there is an angry reaction to it. The member want to go shooting with it. I do not derive any for Archerfield went on about manhood, which great pleasure from shooting feral animals. is something that she knows very little about That is not something that I find enjoyable or because she is a woman. I do not try to speak fun to do. It is a job that has to be done on about being a women because I am not one farms if, for example, wild pigs are ripping up and I have no idea about the subject. I am a the crops or feral cats, dogs or dingos are male and I can tell the House that holding a killing animals. That is not a job that I relish. firearm does not make me feel any more of a Killing anything is not trendy, lovely or a good man. It is a tool like a shovel or an axe. and fine thing to do. However, in some cases it Members can believe it or not, but I do not is simply necessary to destroy animals. understand why people use firearms for sport A debate about trapping feral pigs is because I think it would be incredibly boring to currently raging. I can tell the wonderful shoot targets all day. However, that is my bureaucrats who came up with that idea that opinion. I used to hate lying on a 300-metre feral pigs cannot be trapped. One or two may mound and having to group my rifle every be trapped, but pigs wise up after a while and couple of days. It used to be the most boring will no longer go near the traps. The only way thing on earth. Some people in the community to properly eradicate feral pigs from a property have the fundamental belief—— is to shoot them. As any honourable member Mr Fenlon interjected. who has done a bit of pig shooting will confirm, Mr NELSON: I accept the jealousy from it is damn hard to drop some of those boars. I members opposite. To date, my achievements am a crack shot, and again the challenge is have made me a member of this House at a there if anyone wants to step up. I can tell much younger age than them. I am doing the honourable members that it is damn hard to job that the people of Tablelands sent me drop a feral pig with a high-powered rifle, let here to do. Those people have asked me to alone with a tiny bolt action .22 or something come in here and speak about firearms. I am like that. I certainly would not wrestle an 80 kilo doing my job, just as the member for boar with a knife and a pack of dogs, because Townsville and the member for Mundingburra sometimes the hunter can come off second did when they said that they were standing up best. The point remains that in order to be for their electorates, and just as the member humane, sometimes the best thing to do is to for Bundaberg quite often does when she says use a high-powered weapon and, hopefully, she is standing up for her electorate. As all drop the animal with one shot. Causing members should well and truly know, this is an distress to any animal, whether it is feral or not, issue in my electorate and it got me elected to is not something that I am about. Most this House. I am trying genuinely to put my farmers do not like to see any animal suffer point of view forward. because, believe it or not, farmers who work with animals are usually the most caring The funny thing about all this is that I people on earth because they care about expect this reaction from the ALP. They are their—— sticking to their guns and their principles, and that is fine. I understand that. That is their Mr Knuth interjected. platform and that is fine. The people who have Mr NELSON: A few of them would, but I some explaining to do—and I think they realise digress. Some people who oppose firearm it—are the members on this side of the House. ownership argue that we are trying to follow Again, that is why I am here and the former the American style of the right to bear arms. member for Tablelands is not. That is an interesting statement. Time and Mr Veivers interjected. time again when Governments have become oppressive people have had to stand up to Mr NELSON: Mick Veivers is still here. I them. Fortunately in this country people have think he will be here a lot longer that most. never had to take it upon themselves to stand As I said, given the speech from the up to a Government. As I say, that is Leader of the National Party, I think they 2360 Weapons Amendment Bill 9 Jun 1999 realise that mistakes were made. I wait with would know that, if one person in a unit stuffs bated breath and in great anticipation for the up, everyone is punished. That is all well and amendments to the Weapons Act that the good in a tight-knit military environment. National Party will bring in before the next However, when that approach is imposed on election. I hope those address some of the the wider community all it does is cause fundamental errors made in the first one. resentment, anger and frustration. People say, An honourable member: Just before the "I did nothing wrong. Why am I being election. targeted? Why are these regressive laws being imposed on me, my friends and the people Mr NELSON: Just before the election. who participate in this sport with me? Why am I wish to raise an issue that came to our I being targeted and punished when I have attention very recently, namely, the 40-hour done nothing wrong?" Therefore, we are TAFE course for people who own firearms. I breeding resentment. know many people in my electorate who are No criminal will attend this 40-hour TAFE members of associations and who are course, that is, unless somebody has a registered and licensed firearms owners who wonderful plan to offer the course in prisons so will attend that course because, again, they will as to give prisoners who have used firearms have to do so to keep their legitimate firearms. more training in their use so that they do not But I can tell honourable members that a few accidentally shoot their mate when they are people—probably not from my electorate—will jumping out of the car to do a bank robbery. not attend those wonderful 40-hour TAFE Criminals will not attend this course. Again, this courses, similar to those that teach people is a waste of taxpayers' dollars based on a how to use a chainsaw. I will tell honourable fanatical belief that taking firearms off members who will not be attending the 40- registered owners will reduce crime. hour TAFE course. It will be the criminal Numerous facts and figures have been element in society who have illegal firearms cited in the Chamber to prove conclusively that and who commit crimes that horrify members taking away people's guns does not reduce on both sides of the House. The 40-hour TAFE criminal activity. It does not, cannot and will not course will take away money and time from do so. Any argument to the contrary is legitimate owners of firearms who have gone ludicrous to say the least. But again, I am not out of their way to comply with the here to judge this; I am just passing on a Government's laws. The bureaucrats can message. The judges are the 25% of people shake their heads all they like. In reality, the who voted against the major parties at the last criminals—for example, the people who shoot election and the 800,000 or 900,000 people up police stations and commit other who voted against those parties at the Federal crimes—will not attend a 40-hour TAFE course election. that teaches them firearms safety and how to shoot at a target. When they pull their shotgun As a society, we should not punish law- out of the boot to pull a bank robbery, they are abiding citizens and let criminals go free or get not really interested in where the safety catch away with very minimal punishment. Today we is. The simple fact is that these 40-hour TAFE heard that an offender walked free after courses address nothing, waste the public serving only 25 years for destroying a life. money and waste the time of legitimate Again, he did not use a firearm, he used a firearms users who have done nothing wrong knife. At the moment, there are moves afoot but who, yet again, are being punished for the to ban knives or other types of weapons that crimes of others. can be used to stab people. I remember hearing, "That will never happen. We'll never This all gets back to a fundamental belief ban knives. You can't ban knives." To believe in people's rights. I believe that, if an individual the contrary is to overdose on political commits a crime, that person should be correctness. It is simply not true. I reiterate that punished for that crime. I believe that if I am not a firearms owner. I do not have a someone does something wrong to others, as firearm. I do not need one; I live in town. an individual that person should say sorry. If However, the simple fact is that many law- we do something wrong, we should apologise. abiding citizens need a firearm to pursue either I believe people should be targeted for their a legitimate sport—a sport that Australia wins actions as individuals. When we start gold medals in—or to destroy feral animals on punishing groups in society for the wrongdoing properties or for the many other reasons for of others, we open the door. which firearms are necessary. That brings me I will give the House a simple example. to the Bill under discussion. Anybody who has armed service experience An honourable member interjected. 9 Jun 1999 Weapons Amendment Bill 2361

Mr NELSON: It certainly does not bring If this Bill is supported, I believe it may act me to the end; I have four minutes to go. as a real deterrent to men and women who There are certain parts of the Bill with need professional assistance and counselling. which I cannot agree. When I was a member I say this because it appears to me that some of the One Nation Party I did not agree with people who may need professional assistance them and I sought to have some of them and counselling may refuse to seek that changed. They were not changed. That is an assistance from doctors because of their internal issue more than anything else, and concern that they will be automatically reported that has been resolved by the fact that I am to the commissioner for placement on the no longer with One Nation. register. I believe we need to encourage men and women who need that assistance to come Mr Fenlon: They miss you, too. forward and seek out that assistance from Mr NELSON: I am sure they do. doctors, instead of making it more difficult for I was elected on a platform of arguing them. against a restrictive firearms policy. Hopefully, In his second-reading speech, the as I said before, one day we will be back in the member for Caboolture spoke about the need Parliament debating the issue of whether we for licensed firearms owners to not be treated should lift a restrictive prohibition that we have like criminals, not be harassed by Government had for many years. departments and not be subjected to In conclusion, many references have unnecessary regulations or intrusions on their been made to the United States. For example, day-to-day activities. I support that statement. under Virginia's Project Exile every criminal However, clause 22 of the Bill, which inserts a who is captured in possession of a firearm or new section, imposes a general confidentiality who uses a firearm to commit a criminal act is obligation in relation to information gained in automatically given a further five years' on top the administration of the Weapons Act. of whatever sentence they get. Project Exile My interpretation of the Bill is that it will has reduced criminality dramatically across-the- make it more difficult for the commissioner to board. The National Rifle Association of provide information on the register to other America has stated that, if that law was State and Federal Government law applied right across the United States—again, enforcement agencies and inquiries. I certainly it is very supportive of this law—that would be cannot support the restrictions on the easy the ultimate form of targeting the criminal exchange of information between these instead of targeting innocent people who have agencies because I believe that we need to done nothing wrong and who have been ensure that the Government law enforcement legitimate firearm owners for some time. agencies and related agencies are not My main message tonight is that if the hindered in their endeavours to investigate Government were to target criminal behaviour and pursue investigations of illegal activities. I and the illegal ownership of firearms, strike could talk for another 18 minutes, but I simply down people who import firearms into this say that I cannot support the Bill in its current country, knock gang related violence on the form. head, target heavy drug importation and attack the fundamentals of crime, such as that Mr MICKEL (Logan—ALP) (9 p.m.): This which the member for Thuringowa spoke Bill should be opposed. It in no way reflects about, it would have my full and undying the aspirations of the majority of support. However, when it attacks the Queenslanders. It is a throwback, a throwback legitimate freedoms and rights of individuals to the maiden speeches of One Nation's world and when it attacks peace-loving and innocent conspiracy theorists. We are asked to believe law-abiding citizens of this State, it does that a deranged individual such as Bryant was nothing to reduce crime and everything to an international agent so that the Prime increase the chances of people like me and Minister could change the gun laws. If we ever other honourable members being re-elected. doubt that, let us revisit that unforgettable debut of the member for Burdekin, when he Mr WELLINGTON (Nicklin—IND) said— (8.58 p.m.): I support the concept and operation of a prohibited persons register. One "The great doublecross of them all of the concerns I have with this Bill is that it will was Prime Minister Howard's knee-jerk place a mandatory requirement on all doctors reaction on the firearm laws, allegedly and psychologists to report a condition or because of Port Arthur. We now know illness which for the purpose of the Bill would that Port Arthur had nothing to do with it. make a person unsuitable to obtain or hold a That was only the excuse to slug firearm licence or a weapon. Australians with extremist laws long 2362 Weapons Amendment Bill 9 Jun 1999

hidden away in the files, laws hidden adequately allows people to defend their away in the dark bogholes of Canberra, homes with reasonable force, which is why awaiting the day when Australian law offences against the home carry a higher makers could be scared into passing laws sentence depending on the hour of night. So hatched in a far away foreign capital to reasonable force is well recognised by and better fit Australians into their glorified enshrined in our Criminal Code, and has been international mould." for over a century. That is the absurdity that is driving this But are armed robberies at home an legislation in here. This Bill is an attempt to try overwhelming feature of our society? I can to cloak the theory with some sort of recall the windy rhetoric of the member for responsibility. But none of the One Nation Crows Nest when he referred to the offence of members at that time demurred from that breaking and entering as a home invasion and paranoid interpretation of this tragic the inflated rhetoric of the member for circumstance. Indooroopilly when he declared, "Well, the However, in the lead-up to this debate next home invasion will be the last one." tonight, we have had Ron Owen threaten Regrettably, there are still break and enders. people who disagree with him on gun control Armed robberies at home constitute 7.4% of by placing photographs of private homes on all armed robberies—traumatic, devastating, the Internet. Presumably this is to ensure that, unwarranted, intrusive as they are—but 49% of whilst we are in here in Parliament or away on all armed robberies occurred at retail locations, parliamentary business, we can be reassured followed by streets and footpaths at 19%. In that every lunatic with a grudge to bear on any other words, One Nation is trying to use the one of us can place our families under emotive home defence argument for potential siege. Owen has the full support of convenience to try to introduce laws that I the One Nation Leader in this place in the might say even the United States Senate has absurdity that he is carrying on with. Let us been shamed into changing as a direct result bear in mind the mentality and the background of the Colorado incident. that is driving this legislative change here There was an interchange between the tonight. Honourable the Minister for Public Works and Owen's tactics work well in the United Minister for Housing and the honourable States where they have a fluid party system, a member for Hervey Bay when this Parliament system made up of quasi-Independents under last met. I think it showed dramatically that which it is easy to scare off politicians or buy these proposed changes to the firearms laws off politicians who can be cowered by the do not really have the support of One Nation. United States gun lobby. It is often overlooked Let me revisit that exchange. The Minister, "Do that the strong Australian two-party system is a you own a gun?" The member for Hervey Bay, bulwark against this type of potentially corrupt "No. I do not own a gun and I do not have a behaviour by gun lobbies with bags of money. firearm licence. I do not need to." An Independent is more vulnerable to this We revisit when the member for Hervey narrow style, obsessive standover tactic, but Bay was first elected. Unfortunately, the party system of Westminster with Cabinet regrettably, intolerably, the honourable Government stands against the corrosive member was the subject of some violence influence of the gun lobby. where he was king-hit—a level of violence, I When the National and Liberal Party might say, that is visited upon very few people. leadership determined that it would oppose Yet, even with that direct violence that this Bill, that was the end of it. The gun lobby occurred to him—after all that—the member cannot buy a preselection in this country in the for Hervey Bay said, "I don't need a gun. same way that it can buy a preselection in the Never had to need one." Yet it is a level of United States. It becomes sidelined, resorting violence that has never been directed at most to photographing MPs' homes and publishing of us. So there the case rests when it comes the photographs on the Internet. It is this type to the level of support, the level of real need. of standover tactic, so repugnant to the So if One Nation is proposing that, by Australian way of life, that the member for liberalising gun laws, people can kill in their Caboolture stands shoulder to shoulder with. own homes, they are quite correct. Consider We should condemn it, and condemn it utterly. this research: the Medical Journal of Australia This Bill is for people to defend their on 7 October 1991 found that there were 587 homes, we are told. The Criminal Code, deaths by firearms recorded between 1980 developed by Griffith over 100 years ago, and 1989 in Queensland. Of those, 416 were refined by Goss and revisited by the coalition in Brisbane, 159 were outside of Brisbane and 9 Jun 1999 Weapons Amendment Bill 2363

12 were unspecified. Seventy-six per cent of firearm where intention becomes murder in the those deaths were by suicide, 18% by blink of an eye. homicide, 3% by accident and 3% were The seriousness of the injuries changes unspecified. Their findings found that firearm with the presence of weapons. Firearms were deaths often involved impulsive action during a kept on top of wardrobes and knives in state of intoxication. More tellingly they kitchens. The evidence available suggests that found— wives are usually murdered in their bedrooms "Self-protection is often cited as a and that the few husbands who are victims are reason for firearm ownership. We found murdered in the kitchen. Guns make violence only one"— more violent. Most murders, as I said, occur only one— among intimates. The role of firearms is that of an exacerbating factor. "definite homicide by a civilian killing a I have deliberately chosen not to dwell on fellow among 51 other clearly defined the unfortunate scenes at the high school in homicides and during the same period as Colorado and the two similar incidents since 446 suicides." then. The reasons high school students turn The medical research concluded this— guns on their classmates are highly complex "Parents who keep firearms for and interwoven with a family with a history of reasons of family protection should realise violence, gang membership and substance that if their guns ever did kill someone, abuse. However, the risk is amplified with the the most probable victim would be their easy availability of a weapon. young adult son dying by his own hand." I turn to the macho notion that people Similar statistics, I understand, are available in woken up from their sleep will easily turn a gun the United States' experience. on a would-be intruder. All the evidence suggests that in such a circumstance the I must say that the situation is no different offender will overpower the person and use the from that in the rest of Australia. Suicide weapon against them. In more unfortunate accounts for the largest number of violent circumstances it may well be a family member, deaths in Australia. For every murder where a possibly even innocently returning earlier than firearm is used, there are about six suicides. expected from a weekend away, a holiday, a The rate of suicide by firearm outside of capital camp or other activity, who finds themselves in cities is almost four times that in capital cities. a household where there is a gun, subject to Part of the emotion behind this Bill is the the homicide. argument that the presence of a gun in the house will be a deterrent, presumably against But if there are any people so inclined to violence occurring. It certainly is a misreading be macho in weapon use, I draw the attention of statistics. of the House to the case of the prison officer who took action and shot dead an escaping Residential locations were the most prisoner. I refer to that high profile incident in common locations for murder offences. That Adelaide Street. The officer was so overcome is, 66% of all murders occurred in residential with the psychological and emotional scar of locations. The offender was recorded as taking a life, even that of a hardened criminal, known to the victim in 54% of all murder that, sadly, he took his own life several months offences. In 22% of recorded murders, the later. offender was a family member. The real I revisit a very moving speech made by dangers in households were for females. the member for Gladstone, who, during her Females were more likely than males to be contribution to the debate on Anzac Day murdered by someone known to them. trading hours on 11 March 1999, referred to Offenders were known to female victims in the war contribution of her father. I do not seek 64% of murder offences and were known to to belittle that contribution in any way. male victims in 49% of offences. Anybody who has had a relative in a war zone The reason the family home is the source certainly knows the sacrifices that family would of such violence is the intensity of human have made. The member for Gladstone told relationships, which is the highest there. The us that her father never spoke about the prevalence of domestic violence is testimony atrocities he saw. He spoke about the good to this. Reason is swept aside and deeds are times but not the atrocities. That is also my done, fortified by alcohol—deeds often times experience when I visit the RSLs. The people of high emotion and little thought of the who were at the front lines never talk about it. consequences. In most domestic violence, it is They never talk about those atrocious scenes physical violence with the presence of a they had to witness because it is all too painful 2364 Weapons Amendment Bill 9 Jun 1999 to remember. If a war scene is too painful to where a person could hold a firearm licence for remember, how dreadful must it be to have to life. Thirdly, clause 7 totally reverses the think about taking a life in your own home? presumption that presently exists and That is what this Bill invites us to do. produces a situation that everyone has a right No good can come of this Bill. It has been to own a firearm unless a person can be dressed up by a bunch of fanatics and lunatics disqualified from holding a licence because he to make it look respectable. It quite rightly or she has been entered on a register of does not have the support of the Government. persons not fit and proper to hold a firearm. I Correctly, it does not have the support of the believe that those three defects in this leading Opposition. It has the support of the legislation would significantly increase the risk fringe dwellers, the marginalised, the lunatics, of homicide against those three vulnerable the fanatics. I leave the House to them. groups of which I have spoken before, principally by the use of a firearm. Mr WILSON (Ferny Grove—ALP) (9.15 p.m.): I rise to join with many others in I believe that the best foundation for the this House in strenuously opposing the national gun legislation that exists at present Weapons Amendment Bill introduced by One can be found in the Goss Government's Nation. My particular concern is for three very legislation introduced by then Minister vulnerable sections of the community— Mackenroth on 28 August 1990, namely, the women, especially in domestic violence Weapons Act 1990. Minister Mackenroth laid a situations; older people, especially those aged number of foundation stones for that new over 65; and children, especially in domestic legislation, which swept aside the then violence situations. Firearms and Offensive Weapons Act because it needed radical overhauling. As he said on I acknowledge that, whilst a prevailing 28 August 1990, in the view of the Goss consensus will emerge at the vote on this Bill Government that legislation was a shabby about whether or not this Bill should proceed, compromise of the circumstances generating it nonetheless there is a range of views, even and that many lives had been lost as a result within One Nation, about the appropriateness of that legislation. Consequently, he of this legislation. I also acknowledge that this introduced the Weapons Act 1990. issue excites a great deal of passion and emotion. The grounds which I believe underpin that If there is any maturity in those who want legislation and which continue through to to progress this Bill, they will seek to today are as follows: firstly, he acknowledged understand that there are more views around that more homicides are committed in the about this issue than the ones they hold which home than anywhere else, and that the they think warrant the passage of this Bill. The majority of victims and perpetrators know each arrogance that they claim is displayed by the other as spouses, friends, lovers, family major parties in this House is the very members or neighbours. That picks up the arrogance that I have seen displayed by a point made by the member for Logan and number of them in their contempt for the views many others. What is it about that point that of others. I exclude the member for people on the other side of the House, Thuringowa in this regard. Their utter rudeness particularly in One Nation, cannot understand? and offensiveness in the way they conduct That is the empirical evidence of the recent 10 themselves ought to be widely known amongst to 15 years of research. What can they not the electorates of Queensland. understand about that? In this House we seek sober, moderate Another point made was that firearms are representation, in the most balanced way too freely available in the community. They possible, of the diverse range of views that were then, and they still are now. He also exist within our respective electorates. We do acknowledged that, in this society, we can no justice to this very critical issue in our rightly expect to be afforded respect for human community or to this Bill by behaving in the life and for our happiness, and that there way that a number of One Nation members should be no unreasonable or harsh have in this House, on the issue tonight and restrictions on farmers and other responsible on previous occasions. gun owners. He also picked up on an observation by Professor Richard Harding of I believe that the three defects of the the University of Western Australia, who said— many that exist in this Bill are as follows. Firstly, clause 8 of the legislation would allow it to be a "Australian legislatures should have defence for a person to possess a firearm in the courage to resist any gun lobby which the so-called defence of their own home. emerges in response to proposed Secondly, clause 9 would produce a situation amendments ... Issues relating to gun 9 Jun 1999 Weapons Amendment Bill 2365

control must be dealt with for the public such a lethal weapon were not to hand. benefit and not so as to serve sectional The availability of a firearm in these interests." circumstances makes death a far greater Those principles were continued by the likelihood, for research has demonstrated coalition Government, I am pleased to say, in that the death rate for victims assaulted the aftermath of the Port Arthur massacre. by guns is several times that of those assaulted with lethal intent by knives or On 24 July 1996, Minister Cooper, as he other weapons." then was, acknowledged a number of matters. He indicated that there was a firm and resolute In relation to older people—and the determination among the nation's law-makers research I am drawing upon here is from the and that they had a clear and urgent duty to Australian Institute of Criminology's report respond to the Port Arthur situation. The No. 96—the risk of homicide for older people Queensland Government was committed to over 65, and particularly in relation to the use the important principle of national uniform of firearms, is of about the same order as for firearms control. He also wished to place on children between the ages of five and 14. In record his appreciation for the cooperative the period 1989 to 1996, 6.8% of all homicides bipartisan approach offered by the Opposition were committed against those aged over 65. I and accepted by the Government. Further, he note, in passing, that 25% of those killed at indicated that there had been unprecedented Port Arthur were themselves over 65. In the public demands for urgent and radical action. case of homicides of those over 65, the He himself, in his ministerial office, had evidence shows clearly that the majority of received over 12,000 letters and faxes calling those offences are perpetrated by males. It for urgent action, and he acknowledged that also indicates that more females than males the best possible legislation that could be are actually the victims of these homicides, achieved under the most extremely difficult and only in 5% of cases are females the circumstances had been put forward in the perpetrators in that over-65 age group. national gun legislation via the Weapons I challenge the members of One Nation, Amendment Bill, and it passed through the in every electorate in Queensland, to go to the House. people at the next State election and tell them The evidence is overwhelming about how exactly what they say in this House about the vulnerable women, older people and children liberalisation and the deregulation of gun are to homicide and to homicide through a control that they want in Queensland. Because firearm. In four out of five intimate partner one of the furphies that they spread around is homicides, the perpetrator is a male and the that only the mentally ill commit these tragic victim is a female. According to the Australian homicides. But they would not be too Institute of Criminology's report No. 90, interested in the evidence and the research, intimate partner homicides involve spouses, because the evidence is quite the opposite. ex-spouses, persons in current or former de The Australian Institute of Criminology's facto relationships, boyfriends or girlfriends or report No. 96 of October 1998 shows that only partners of same sex relationships. The 16.8% of homicides on older people—just research also shows that the number of cases focusing on them for a moment—are due to a in which females are the perpetrators and perpetrator who has been found to have a males the victims represents a quarter of the mental disorder. Only 3.8% of all homicides by number of cases in which males are the firearms have been committed by people who perpetrators and females are the victims. The were judged to be mentally ill at the time. The research also shows that, after a sharp Commonwealth Parliamentary Library's current instrument, the firearm is the most common issues brief, to which I referred earlier, reports weapon causing death. that in 86% of firearm homicides there is no Further, a current issues brief from the recorded history of violent crime or mental Commonwealth Parliamentary Library dated 7 illness. May 1996 indicates that firearms are the most I refer honourable members to an article important contributors to death and injury in in the Bulletin of 14 May 1996 which has been two ways: first, in terms of their availability; and written in straightforward, plain English and is second, because they are so totally lethal. The not complicated by the language of National Committee on Violence concluded statisticians. I recommend that honourable that— members read this article which contains an "The vast majority of firearms excellent brief survey of the firearm issue. It homicides are unplanned and impulsive, points out that, when all the evidence from the and in all likelihood would not occur if last 10 to 15 years is analysed, and when the 2366 Weapons Amendment Bill 9 Jun 1999 question is addressed of whether or not their lives but also because most of these mental illness is the real explanation for mass incidents occur in settings where we least killing with firearms, it is found that the people expect them—schools, shopping centres, who perpetrate these crimes are not all that restaurants and our homes. different from the rest of us. The report says After the Port Arthur tragedy, the that they are not obviously different from the Government, responsible individuals and rest of the community. The real difference is agencies moved jointly towards the that they feel free to express their emotions in development of uniform firearm legislation. physical ways which people did not use in the Since homicide has the highest potential to past. cause fear in the general population, and in The report relies upon research that was every five days one person is killed by another undertaken in Australia and New Zealand with the use of a firearm, it is not hard to between 1987 and 1993. The report reveals understand why so many of us are outraged that 70 people had been killed in mass killings by the attempts of a minority of people to during that period. Those people died in 11 reintroduce guns into the community. Gun separate shootings. Sixty of them were killed massacres are not new to Australia. by people who had no history of mental illness Mr Knuth: Do you reckon we should get or violent crime. The article basically says that rid of them? Would that solve the problem? most killers are not insane and cannot be identified in advance. Every person carries Ms NELSON-CARR: The honourable within himself or herself the potential for good member should listen; maybe he will learn or bad; for acts of grace or acts of something. incomprehensible cruelty. Murder reveals that During the period between 1987 and mid- side of us that we would prefer to pretend 1996 the Australian Institute of Criminology does not exist. How true that is! reports that, on average, 13 people have died The reality is that, because of the three in multiple killings by firearms every year—an defects I have identified, the liberalisation of average of 5.3 deaths per incident. The Port gun laws proposed by this legislation will Arthur tragedy and another mass killing in produce a situation where the three most Brisbane in 1996 added another 42 people to vulnerable sectors of our community—women the death statistics. in domestic violence situations, children in With these statistics in mind it is no domestic violence situations, and elderly wonder that those responsible members of our people—will be exposed more ruthlessly than community who campaigned for tighter gun ever to the whim of, mainly, a male person, control were those who wanted to save lives. probably a member of the household, using a The grief and pain which follow gun deaths are gun that is supposedly held for the defence of spared as a result of gun control. Prior to the the family or the defence of the home. That tightening of firearm regulations, domestic person uses the gun against another person homicides across Australia were increasing. In who is a member of the family unit. so many cases, husbands and fathers would This legislation must be buried, and it use a rifle to kill the wife and children and then must be buried so that it can never be commit suicide. The reasons for such exhumed. I heartily oppose the legislation. massacres ranged from jealousy to business failure. Frequently, friends and neighbours had Ms NELSON-CARR (Mundingburra—ALP) no idea that the family was in turmoil. (9.34 p.m.): On the third anniversary of the While the gun lobbyists call for increased Port Arthur massacre we were confronted by an extreme Right Wing political attempt to mental health services to curb domestic relax our gun laws by allowing dangerous homicide, the member for Caboolture was weapons back into the community. Only weeks saying on radio that gun outlaws, or gun users, after America's latest atrocity where 13 people are a small minority of people whose mental were killed in a society that supports a gun- problems should be appropriately dealt with crazed perspective, we are confronted by the within the health care system and that law- same extreme Right Wing One Nation—and its abiding shooters should be left alone to defectors—attempt to bring guns back into the pursue their favourite pastime. The member community. This is shameful. wants us to believe that criminals and psychiatrically disturbed people are the real As a mother of five children and a teacher causes of the gun problem. Of the 28 of many young people, I feel outraged not massacres between 1987 and 1996, only two only because we are constantly reminded of of the killers had a criminal record, and only these shocking and horrific events in our three had recognised psychiatric problems. history where innocent people continue to lose Most of them fell into the "normal" category. 9 Jun 1999 Weapons Amendment Bill 2367

Indeed, many would suggest that the attracted to guns. After the murder of type of murderous behaviour seen in many of three people in a gun shop in the these massacres is becoming commonplace. Melbourne suburb of Springvale in 1993, It is usually angry, inadequate and unhappy the SSAA called for gun shop owners to men who are perpetrating this behaviour. This be armed (Australia, Gun Massacres in type of person is more often seen in our Australia, p. 46). But would this be a community. It is a quick, easy way to relieve positive solution, or would it just lead to negativity and frustration. more deaths? Proponents of tighter This would support the notion that it is firearm restrictions believe a better undesirable to support a gun culture. Guns solution would be to remove the guns should not be established as a vital element in from ready access and only place them in work and play—that is, a gun to be admired for an atmosphere of restrained and recreation and providing a full and happy life. responsible use." Guns should not be promoted, as in the The problem of suicide in our society is American culture, as the pathway to freedom only exacerbated by the availability of firearms. and independence and as a part of everyday The gun provides a fast and effective means life. The more that guns are taken for granted, to an end so that by reducing the accessibility the more violence will be normalised and the of such provision we would probably reduce more frequent will be its appearance. the number of such deaths. To quote Linden Richard in Biting the The Herald Sun of 27 November 1984 Bullet: Gun Control in Australia— reported as follows— "An important feature of the most "The April 1994 suicide of rock singer recent national uniform gun control Kurt Cobain (of the American band legislation was the requirement that Nirvana) shocked his fans, and led to ownership of weapons be recorded. The intense curiosity and interest among gun lobby dismissed the requirement as many teenagers who had never expensive, a waste of time and a useless previously heard of him. A few months aid to catching criminals. In light of the later, a young brother and sister, aged 12 tragedies, however, the reason for such and 15 years, from country Victoria killed registration becomes clearer. In many themselves the day before they had to cases an offender's lack of knowledge of attend a fringe Christian group's four-day a weapon has cost people their lives. For country convention. The suicide note said example: the convention was the reason for their action. Their suicide note said the In 1992 in Terrigal, New South convention was a reason for their action. Wales, a man who had already It was reported that the girl was a Nirvana surrendered several weapons to fan. The children used their father's rifle police used an illegally retain gun to which they had never been taught how to shoot dead two women and three use. It was kept under a bed. The men in a domestic dispute. children's bewildered parents said there In 1995 two police officers who were was no warning of the suicides. The father coming to the aid of a woman in an said, 'I can't understand why they would apparently routine domestic dispute do this. Suicide is so final.'" in Crescent Head, New South Wales, Jenny Plumstead, of Gun Control were shot dead by the woman's Australia, said that the tragedy highlighted the drunken ex-boyfriend. The man used weakness in Australia's gun laws at that time, a weapon police had not known he and stated further— possessed. "Sensible gun laws could have A proper firearms registry would have prevented these unfortunate deaths. A given the police some indication of what 1993 survey by the Bureau of Statistics dangers they were likely to face in these found that 85,000 homes in Melbourne instances. It would also give them this had guns, but fewer than 20,000 of them type of invaluable knowledge during any kept their guns locked safely in a steel future events. box or safe. Most simply stored them in a ... cupboard." The Sporting Shooters Association of Mr Feldman interjected. Australia (SSAA) has suggested that Ms NELSON-CARR: The member was some mentally unstable people are talking, so he did not hear the reasons. 2368 Weapons Amendment Bill 9 Jun 1999

The issue at stake is public safety. They think that they are the best thing since Although those proponents of less restrictive sliced bread. They are more than happy to firearm conditions deny that the restriction of comply with them. They have no problem with gun flow in the general population will not them. In fact, as gun owners, some of those reduce firearm misuse, it has to be agreed that people are advocating that the gun laws our society is tragically touched by gun should be tightened even further. Those mayhem. If our shocking suicide rate, people are great lovers of sporting shooting. especially among rural males, can possibly be They live in the suburbs that I represent and reduced by lessening the availability of guns, they are very happy to be able to use their then surely this should be reason enough to guns regularly. I am not delicate about guns. I continue to tighten gun control measures. How grew up with guns around me. Personally, I do else can we live in a peaceful society if we do not have any problem with using guns for sport not place limits on gun usage? and recreation. However, times have changed, Mr Feldman: Help them keep their farms our society has changed, and we must take and you wouldn't have poverty. account of those changes. We no longer live in a small country town environment. We must Ms NELSON-CARR: Is the member have laws that suit a mass society, which is finished? Gun control is not oppressive; rather, struggling to cope with changing values, the it helps to set boundaries of civilised behaviour difficulties experienced by young people, and that can only benefit the whole. If we refused the power of such weapons. to pay taxes and drove on the wrong side of the road, there would be no benefits for I want to touch on the most dangerous anyone. Our environment would be unsafe. I and insidious part of this Bill, which relates to recommend the tightest possible controls on the definition of reasonable force. The Bill gun ownership and usage in our society and raises the issue of reasonable force in the urge members not to support the Bill. context of the defence of ourselves, our family or our place of residence as being the most Mr FENLON (Greenslopes—ALP) sacred aspect of our lives. I certainly agree (9.41 p.m.): I rise to oppose the Weapons with that. However, this Bill uses that premise Amendment Bill. In doing so, I wish particularly as the reason to change the principle of to stand up and be counted. I have reasonable force, which is currently enshrined considered this legislation very carefully. I have within our Criminal Code. That principle has been lobbied directly by members of the pro- been with us for a long time and it has worked gun lobby. I have considered their submissions extremely well. In recent years, we have seen very carefully. I must say that their some refinement of it. Basically, the principle representations were polite and well of reasonable force is that an individual can considered. However, I must reject those use force that is reasonable in the submissions and this amendment Bill. circumstances. The circumstances vary Mr Feldman: Tell us your reasons. according to the dispute and the violence that may emanate. The principle could vary when it Mr FENLON: I certainly will. In doing so, is applied to a frail grandmother dealing with a firstly I want to say that I am here strongly burly youth or when it is applied to a frail, small representing the overwhelming view of the young person dealing with a robust female. people in the electorate I represent. In Whatever the circumstances, the tried and particular, I am here representing the gun tested method of our law is to determine, on owners in my electorate. They shoot at the the basis of the evidence, whether reasonable Belmont Rifle Range. Those people take their force was used. children to the Belmont Rifle Range and teach them how to use firearms safely and to respect In recent years there have been incidents firearms. I support those people's views. I also in which individuals have been severely injured believe that children should be taught how to and even killed and it has been deemed that use firearms and how to respect them so that reasonable force was used and those persons if they encounter them later in their lives, they have been exonerated. In other cases, have the appropriate skills to be able to use reasonable force was determined not to have them. been exercised and the person made subject to prosecution. That method has worked very Mr Feldman interjected. well. The proposal contained in this Bill Mr FENLON: I take that interjection. The changes the fundamental principle of families in my electorate who have the guns reasonable force. If it were not such a serious have no problems with the law. The people I matter, the way in which this Bill attempts to know have their guns locked up and are change the principle and the way in which this complying with the law. They love these laws. proposition was put so quaintly in the second- 9 Jun 1999 Weapons Amendment Bill 2369 reading speech would be comical. The The issue is that, as I have said, our second-reading states— society has changed. We have to deal with "This Bill will also remove the desensitised youth, and in the course of this anomaly whereby someone legally acting debate some very good points have been in self-defence may nevertheless still be raised about the pressures that are placed on guilty of an offence under the Weapons young people, and on society in general, by Act." the mass media and so on exposing people to violence. Unfortunately, that has changed our So this Bill regards the principle of reasonable society. As a result, we have to maintain a far force as some sort of anomaly. That is an more vigilant position in terms of controlling abhorrent concept that turns our system of guns, as unfortunate as that may be. law, which has been operating for many years, The obvious precipitator of this situation on its head. was the very tragic Port Arthur massacre. That What surprises me most of all is that was real and it is something that Australia is former officers of the Queensland Police still dealing with. The aftermath of that Service are among those members who are massacre has been etched deep in the advocating this Bill. I cannot believe that that is Australian psyche. It has changed Australia the case. If people went to the fine members forever. As a result, most Australians—people of the Queensland Police Service in my from the most diverse positions of the electorate and said, "There is a proposition to Australian political landscape—have come change the law so that you can walk into together. Now, only a few fringe dwellers are someone's front yard and they can shoot you left on the outside when it comes to this issue. and say, 'Sorry, I thought you were an intruder. John Howard said— I didn't see your blue shirt and your badge' ", "It took an act of savagery they would have those people tarred and unprecedented in peacetime to produce a feathered. coalition of interest unprecedented in Mr Feldman interjected. peacetime—in its breadth, its depth, and its strength to resolve." Mr FENLON: If there is something else, I would ask the honourable member to please That was the start of the process to bring tell us about it. That is the proposition in the Australians together. We said, "We will not legislation and I state it clearly because the take any more. We are going to change these honourable member may not realise what he laws forever. We are going to take a position is advocating. When the principles of and be a responsible society." reasonable force are taken away, a serving Australia is not alone in this reaction officer of the Police Service can walk into a because internationally the same sort of trend yard and be shot, and an offender, or an has occurred. Similar very unfortunate innocent person for that matter, can use disasters have happened in other countries. exactly that defence. The member may want For example, in 1987 in Hungerford, Berkshire, to tell the House something different, but so in the United Kingdom 16 people were killed far he has not further explained that issue. by Michael Ryan. The British Government That provision is contained within this Bill. It is banned the private ownership of most self- a complete reversal of the fundamental loading rifles and shotguns in Britain through principle of reasonable force that is enshrined the introduction of the Firearms (Amendment) within our legislation. It will put officers of the Act 1988. Similar disasters have resulted in like police force, other officials and the general action being taken by most comparable public in grave danger. western countries. That has led to the situation This legislation gives people a 007 licence that we have in Australia today. to kill. It removes the principle of reasonable As a response to the tightening of laws, force and it says, "You do not have to abide the Australian Parliamentary Council identified by this principle any more." Although it is a need to ensure that some mechanism is in quaintly put, the legislation removes that place to review the progress of these laws. The anomaly. This Bill says, "You can now shoot Australian Institute of Criminology was enlisted somebody who is intruding on your premises." for that purpose. It is ironic that just this week We do not know how that will be proved. The the Australian Institute of Criminology has details surrounding this provision seem to have released a paper on the results of a study of gone out the window. We do not know exactly the first couple of years of the implementation what they are. The principle of reasonable of these laws in Australia. The study states— force is removed through this proposition. It is "In summary, the preliminary results as simple as that. seem to indicate that there has been an 2370 Weapons Amendment Bill 9 Jun 1999

observed decrease in firearm-related who participated in this debate and the violence and misuse, especially in firearm- passion with which they spoke. I will comment related suicides." initially on a statement made at the last sitting The report further indicates that the tightening in this debate by the Attorney-General, who of firearm control legislation may reduce said that the spectre of Martin Bryant haunts suicide rates, especially among young men. this Parliament. The only trace of Martin Bryant That is an important aspect, especially for our in our society today should be his spectre. If rural areas, because as we all know the rate of the citizens of Tasmania had the ability to carry suicide among young males in the country a firearm in self-defence, how many lives areas of this State in particular is highly would have been saved had a solid, alarming. The report indicates that of the most community-minded citizen put him away? If common methods of attempting suicide, the Attorney-General and his Government had firearms are more likely to prove fatal. In the the guts to put the issue of capital punishment United States, about 90% of firearm suicide to a referendum, evil murdering offenders such attempts are successful, compared to about as Martin Bryant would only be ghosts and 80% for hanging, 77% for death from carbon spectres in our society. The good thing about monoxide poisoning and so on. The report ghosts is that they do not hurt anybody. concludes— When the One Nation drafted organ donor Bill is finally passed, perhaps in future a "There are many factors to be few dying One Nation members will be able to considered when attempting to assess donate their spines to members of the Labor the impact of the implementation of any Party and the coalition. It is not a Viagra pill new legislation. Overall, based on the that they need, but a backbone. Instead of preliminary findings outlined in this paper, hanging vicious criminals, the Government we have observed a decline in firearm- puts them away in comfortable related death rates (essentially in firearm- accommodation, feeds them three meals a related suicides) in most jurisdictions in day and gives them free medical care, Australia. We have also seen a declining trend in the percentage of robberies education and entertainment. Meanwhile, the families of victims suffer in silence, anguish involving the use of a firearm in Australia. and often poverty, unable to understand why Explanations for these declines are not the killers are protected by the State. That is yet available ..." what is wrong with Queensland. It has nothing It must be said that these are very preliminary to do with firearms. findings and there is certainly a lot more follow- Three weeks ago, two separate brutal up work to be done in terms of the impact that attacks occurred in Queensland in which two the laws have had. It is salutary to look at the males were abducted, raped, set on fire and Queensland statistics for the past two years left for dead. That is what is wrong with relating to firearm related deaths. In 1996, the Queensland, and it has nothing to do with figure was 4.76 and in 1997 it was 3.23. firearms. Last month a 23 year old man was I conclude by commenting briefly on Mr convicted of murder in the Western Australian Owen's publication of pictures of members' Supreme Court. The man killed his 67 year old houses on the Internet on behalf of his pro- grandmother and her pet dog not with a gun rifle, pro-gun organisation. I place on the but with a hammer, a lawn edger and a knife. record that this action was intimidatory, sick Then he attempted to decapitate and and insidious. Above all, it was un-Australian. If disembowel the corpse. He removed part of this gives an indication of the mentality of the his grandmother's intestine and hung it over a people who advocate gun law liberation in this fan. He told the police that he was inspired by country, I believe that Mr Owen has done his the movie Silence of the Lambs and that he cause a great disservice. It raises the spectre had prepared a list of people to kill. That is of whether we need some form of stricter what is wrong with society, and it has nothing privacy legislation in this country, but I do not to do with firearms. think that we should let something like this A number of years ago a little girl named push us down that road. Australia is a Sian Kingi was attacked. As I have elaborated wonderful free country and we should not allow on my involvement in the investigation this sort of low act to push us into unnecessary previously, I will not comment further except to knee-jerk reactions. I urge the House to reject warn the House that noted criminologist and this rapacious piece of legislation. social psychologist Paul Wilson has said— Mr FELDMAN (Caboolture—ONP) "If people think that violent sexual (9.59 p.m.), in reply: Before I begin, I offenders can be rehabilitated they are acknowledge the contribution of all members living in cloud cuckoo-land." 9 Jun 1999 Weapons Amendment Bill 2371

That is what is wrong with our State. It has The poem was enclosed with a letter sent to nothing to do with firearms. me by a woman who was appalled that this On 5 May 1999, we read in the Courier- poem would be given to children in that school Mail that young Australians are learning their as the basis for a lesson. She writes— problem solving and aggression from violent "I am a very concerned mother of a video games and absorbing the same year 8 student, who was given the misguided ideals that led to the recent US enclosed poem by her English teacher. school massacres. That is what is wrong with I personally do not see that it is an our kids. Firearms are not the problem. On the appropriate poem to be used in the subject of educating our children, let me read school curriculum. I rang the Beenleigh a poem that Year 8 children from the State High School to make a formal Beenleigh State High School were given to complaint at my disgust at the poem. study and prepare an assignment on about one month before the Littleton schoolyard I spoke to one of the Deputy massacre in Colorado. The poem, by Roger Principals who knew nothing of the poem McGough, is titled "The Lesson". It reads— as it was not in his department. "Chaos ruled OK in the classroom He said that he would speak to the as bravely the teacher walked in English teacher concerned and that the havocwreckers ignored him someone would get back to me. his voice was lost in the din When the Head of the English 'The theme for today is violence Department rang me back it was to tell and homework will be set me that she knew nothing of the poem. I'm going to teach you a lesson When she had spoken to the teacher one that you'll never forget' concerned, she was told that it was to show students that poetry could be funny He picked on a boy who was shouting and that it did not have to be dull and and throttled him then and there boring." then garrotted the girl behind him (the one with grotty hair) The writer of this letter expressed her view that Then sword in hand he hacked his way there was nothing funny about the violence portrayed in this poem. I thoroughly agree. between the chattering rows She was told that there was nothing that could 'First come, first severed' he declared be done about it now as the poem had been 'fingers, feet, or toes' handed out, and that they will try to choose He threw the sword at a latecomer more appropriate poems in the future. The it struck with deadly aim writer stated— then pulling out a shotgun "I feel that should never have been he continued with his game handed out at school in the first place. It The first blast cleared the backrow was only a few days later that the (where those who skive hang out) massacre happened in the school in the they collapsed like rubber dinghies USA." when the plug's pulled out This is what is wrong with children today. I 'Please may I leave the room, sir?' table the poem and the letter for the a trembling vandal enquired information of the House. 'Of course you may' said teacher put the gun to his temple and fired A study by the US Office of National Drug Control Policy found that drugs, alcohol and The Head popped a head round the tobacco are used in 98% of all movies. doorway According to retired Lieutenant Colonel David to see why a din was being made Grossman, a US military professor and nodded understandingly behavioural expert on killing, the violent video then tossed in a grenade games played by Australian teenagers are And when the ammo was well spent used by the US military to desensitise its with blood on every chair soldiers and turn them into killing machines. Silence shuffled forward That is what is wrong with our society today. It with its hands up in the air has nothing to do with firearms. The teacher surveyed the carnage This week in Wollongong a 32 year old the dying and the dead man killed a two year old child with what? A He waggled a finger severely gun? No, with a claw hammer! In Sydney two 'Now let that be a lesson' he said" men bashed another man to death while a 2372 Weapons Amendment Bill 9 Jun 1999 crowd of onlookers cheered and clapped. That while restricting possession of category D is what is wrong with our society today. It has weapons to members of military rifle clubs nothing to do with firearms. The people established under the auspices of the military responsible for these abominable acts should Act of 1913. Does the Attorney-General regard not be living in our society any more. For the these people as rednecks? common good, they should be put to death. Two phenomena have become apparent There is no justification, either moral or during this debate to introduce better firearm economic, to keep these types of monsters laws into Queensland. The first phenomena is alive. The families of the victims suffer in the absence of the National Party in this anguish, unable to understand why their taxes debate. It is missing in action, as the cartoon feed, clothe, house and educate the monsters illustrated this morning—no target—because who killed their loved ones. its members have been ordered to keep their Is the Government aware of the call from mouths shut and to do as they have been individuals and community groups alike to told. They say they will fix the gun laws when allow suitably qualified people to acquire a they are in Government. Talk is cheap and no- firearm for self-defence? I refer to a letter from one believes them. Incidentally, just for the the President of the Victims of Crime information of the House, I point out that they Association Queensland dated 13 June 1996 have removed their firearm policy from the to then Police Minister . It National Party Internet site. stated— The second revelation emerging from this "Dear Minister debate is that, with the exception of the Thank you for the opportunity for our member for Gladstone and a couple of other organisation to put forward a submission members on this side of the House, no-one in on the issue of gun control. this House appears to be able to read, because they have demonstrated the most Over the past few weeks I have appalling ignorance in relation to this Bill. No received input on this issue from a wonder the public complains that politicians do number of branches of the association." not understand them. Let me say it again for The letter continues— the literarily challenged—and I would have said "I feel that the branches and "brain dead", but some have clearly shown in members are conveying to me through this debate that they did not have one to their personal input, primarily, that they do begin with, as the member for Logan clearly not share the opinions of the anti-gun demonstrated. lobby, and in fact believe that all those The Weapons Amendment Bill is a direct who want to have a weapon should be translation of our State firearm policy, which able, if they pass the necessary criteria, to was released before the State election. We do so, etc." only want good people to own firearms, and In addition, Mr Ian Davies goes on and says that is why we support compulsory licensing plainly what should be concerning this and compulsory practical and theoretical Government. He emphasises mental health; training. That is why we also adopted the alcohol and drug abuse; visual violence in concept of the prohibited persons register from movies, videos, computer games, etc.; media the Queensland Liberal Party. We do want violence; the insensitive pursuit of victims of people to have a freedom of choice. If they violence and sensational reporting; lack of are of good character and if they qualify for a discipline in schools and homes; lack of licence, then they should be entitled to obtain responsibility by parents; and lack of a firearm for self-defence if they wish to do so. commitment by the criminal justice system. I We do not want children having unsupervised can only echo the noble concerns of this man access to firearms, and our policy reflects this. who cares for the suffering of victims—a very We do not want licensed firearm owners to righteous cause. But instead of tackling the individually register their category A, B or C cause of the increasingly dysfunctional society, firearms because that will not reduce crime, is you have taken the path of least resistance a waste of police manpower and because we and created the gun grab. believe that the individual registration of Recently we saw on A Current Affair that a firearms is only the prelude to eventual Tasmanian RSL also wants people to be able confiscation of all privately owned firearms in to defend themselves with firearms. The Australia. comments of these two community groups are We do believe that our defence forces are in accord with our policy and allow licensed chronically inadequate to perform the task of people to obtain a firearm for self-defence protecting us, and we support the use of 9 Jun 1999 Weapons Amendment Bill 2373 military rifles by properly constituted military rifle 36 per 100,000 in 1997-98. More interestingly, clubs, as originally envisaged under the we can see from the same publication that the defence Act of 1913. After both great wars, Queensland armed robbery rate of 36 per our Government gave away guns and 100,000 population is much lower than the ammunition to our people so that they could national average of 48 per 100,000, yet learn to handle a firearm. Why? So that we Queensland has the greatest density of would be in a state of preparedness should firearm ownership in Australia. What does that the unspeakable occur again! Are any of us indicate? It indicates that firearms in good ready today should the unspeakable happen? hands are unrelated to the increase in armed No-one is prepared to face this truth. robbery. In fact, the reverse may be true. We believe that it is not the fault of More startling evidence that the gun grab firearm owners that we live in an increasingly has failed to curb armed crime may be found unemployed, violent and immoral society in the Australian Bureau of Statistics within which no Australian Government—and I publication 4510, Recorded Crime, Australia, repeat: no Australian Government—has had 1997. We see the number of victims of armed the guts or ability to tackle the problems, and robbery has increased from 6,256 in 1996 to we believe that every human being has a God 9,015 in 1997, or a 44% increase, in spite of given right to effectively defend themselves the gun grab. We also learn that the Northern and their family and that no State can take Territory, which always has had draconian gun away that right. This is one of the inalienable laws, has the highest rates in Australia per rights that our ancestors fought and died for 100,000 population for murder, assault and and is a right that should never be taken away. sexual assault. How can honourable members This State is dismantling that legacy. argue with data like that? The contribution made by the member for Something is badly wrong in Australia, but Mount Ommaney was so inane that none of it I can tell honourable members now that warrants a response, except in relation to the decent Australians owning firearms have not crime figures that she quoted from the caused it. Criminals with criminal intent, who Minister's graph. We have discovered that the will always have access to any firearm they graph was produced by the police at the like, are the ones who have caused it. They Minister's request. As we cannot examine the are the ones targeted by our legislation. data it was compiled from, we have no further comment except to say that it is a political The bleeding hearts tell us that we cannot graph quickly cobbled together. If the Minister stop drugs from coming into this country. The same is true for firearms. It is as easy as the was fair dinkum, he would table the ancillary ordering of engine parts over the Internet, as data as well. the Sunday Mail clearly indicated. Regarding The latest Queensland police statistical suicide, the publication Firearm-related review summarises the situation in easy to violence: The impact of a Nationwide understand language. On page 11 it says— Agreement on Firearms, published by the "The increasing trend in armed Australian Institute of Criminology, shows that robbery evident in 1996/1997 (when the total number of suicides is increasing from reported offences rose by twenty percent) 2,393 in 1996 to 2,723 in 1997 and that in has continued this year, with offences 1997 just 12% of suicides were firearm related. rising by sixteen percent from 1070 to This tells us that the gun grab has had no 1246 offences." effect on suicide numbers and that more It also says that robbery offences tend to occur people in Australia are killing themselves. That more frequently in the south-east corner of the is something that this Government should be State, with the highest rate occurring in the addressing—why they are doing it. Metropolitan North Region, with 93 offences Let us look at the suicide rate of Japan, per 100,000 population, where one would where the legal ownership of firearms is expect the level of legal firearm ownership to prohibited. According to our information from be low. In other words, the incidence of armed the Parliamentary Library, in 1967 Australia robbery appears to be inversely proportional to had a suicide rate of 12.7 per 100,000 people firearm ownership. This laughs in the face of and Japan's rate was 14.1 per 100,000. In the report of the friends of the criminals: the 1994 Australia had a suicide rate of 12.9 per Coalition for Gun Control. 100,000. Japan's rate had jumped to 17 per We also see from the CJC publication A 100,000, and yet there is no civilian ownership Snapshot of Crime in Queensland from of firearms in Japan. February 1999 that armed robbery has risen Suicide statistics from other countries also from 17 per 100,000 population in 1989-90 to tell the same sorry story of how this world is 2374 Weapons Amendment Bill 9 Jun 1999 progressing in relation to suicide. If people contact an organisation called Jews for the want to suicide, they will find a way. This fact Preservation of Firearm Ownership Inc. These must be very disappointing to the Minister for Jewish people truly understand and know the Families, who obviously does not like firearms ultimate price paid for compulsory firearm and does not want anyone else to have one registration. That was disarmament and then either and who will say or do anything to get death. her way. The member for Archerfield also said that What about the well-documented fact that the perpetrator of the Dunblane massacre some 18,000 people per year die due to the would qualify for a hand gun licence in effects of our hospital system? If the real issue Queensland. I can confidently say that the was saving lives, then surely spending the perpetrator would definitely not get a licence $500m on our hospitals rather than on under our legislation. I refer to the public confiscating guns from the good people would inquiry into the shooting at Dunblane primary have saved more lives. Something is causing school on 13 March 1996. From that inquiry people to suicide, but it is not firearms. report, produced by the Central Scotland Something has caused an increase in armed Police, we note that the perpetrator was in fact crime in Australia, but it is not firearms. on the list of unsuitable persons kept by the I emphasise to this House that we have scout association. The report suggests that the fully referenced all our sources so that anyone man was mentally unstable and possibly a may verify our figures. That is something we pederast. Not that the second offence bothers cannot do in the case of the nebulous those opposite, but a mentally unstable contributions by the members for Archerfield, person would be reportable under our Waterford and South Brisbane. The member legislation. for Archerfield perhaps let the cat out of the Mr FOLEY: Mr Speaker, I rise to a point bag when she said that semiautomatic hand of order. The remark the honourable member guns would be confiscated next. I must tell the made is offensive personally, I believe, to member: every firearm owner—every honest, every member on this side of the House and I law-abiding concealable firearm owner—heard ask that he withdraw it. her. Mr SPEAKER: Order! Will you withdraw One of the reasons we are stoically that comment? fighting here tonight is that we believe that the national registration of all firearms is but a Mr FELDMAN: I refer to your rules, Mr prelude to total confiscation. We fear that this Speaker, in relation to all people. The remark is only the thin end of the wedge and that has to be personal. ultimately the plan is to completely disarm the Mr SPEAKER: Order! What did you say? Australian civilian population. I will read to the Mr FELDMAN: I was informed that the House a quote from a very famous person. insult had to be personal. Then I will ask the House to identify the author. It was said— Mr SPEAKER: Order! I think the whole of the Government side could take points of "This year will go down in history. For order. the first time, a civilised nation has full gun registration. Our streets will be safer, our Mr FELDMAN: One Nation has been police more efficient, and the world will called many things and there should be no follow our lead." point of order, Mr Speaker. Who said that? It certainly was not John Mr SPEAKER: Order! I will ask the Clerk Howard and, no, it was not the Police Minister for his advice on this matter. The remark is either. Nor was it the member for South certainly unparliamentary and I ask you to Brisbane, the member for Archerfield or the withdraw it. member for Greenslopes. It was actually Adolf Mr FELDMAN: I withdraw it on those Hitler. We all know that, rather than a safe grounds, Mr Speaker. I will talk about self- society emerging, the extreme opposite defence and the 1688 Bill of Rights, which is occurred. part of Queensland law as confirmed by the Whilst I acknowledge that the Imperial Acts Applications Act 1985. This Bill aforementioned persons all have a strange clearly implies that a person has the right to resemblance to Hitler in stature and policy, I do acquire a weapon to defend himself or herself. not agree that we should follow them in the The fact that the Bill refers to religious groups goosestep of the gun grab. I recommend that is irrelevant as we have freedom of religion anybody who wishes to learn how many under section 116 of the Commonwealth people died as a result of Hitler's gun grab Constitution. The Leader of the Liberal Party 9 Jun 1999 Queensland Building Services Authority Amendment Bill 2375 was only half smart when he made reference crime in this State will lie on the members of to this in his speech, but that was possibly all this House who do not support effective self- he could do. The right to self-defence is a defence. God-given, inalienable right which this I was a serving police officer in this State Government is obfuscating by stopping from 1977 to 1998—some 22 years. I did not qualified, good, law-abiding Queenslanders have to wear a gun at all when I was first from obtaining a firearm to defend themselves sworn in. As a matter of fact, I did not get a or their loved ones. gun for some nine months after I was sworn in. Our Commonwealth Constitution mainly At a time of the most lax gun laws relating to limits the powers of Government rather than registration and the highest proportion of bestows rights on individuals. This means that society owning firearms, the police and the if something is not prohibited under our protectors of our society did not have to wear Constitution, our foundation legal document, or use one. This shows how the trend to then it is legal. For example, free speech is not violence in society has grown, and I have seen mentioned in the Constitution but the High it grow from my own experience. Court has decided that we do have it. We have invented new sections of the Likewise, the issue of self-defence is not Criminal Code to describe the rage and mentioned in the Constitution. Therefore, I violence of our society. We now have torture in expect that if the High Court was forced to the code as an offence. We have incidents of decide it would rule that we all have an road rage, phone rage and computer rage. inherent right to self-defence, and effective We have drifted a long way from the more self-defence at that. Unless one is a martial peaceful society that we once were. In all of arts expert, one is effectively defenceless this, I cannot blame firearms, knives, axes, against armed robbers, home invaders and hoes, machetes, hammers or any other tool murderers, who will never be disarmed by any used to kill. People kill. And until this Government or police force—and history has Government moves to address the core issues shown this. This Government, by prohibiting that push people to violence, the trend will qualified persons from obtaining firearms for continue. self-defence, is acting unconstitutionally in my opinion. Time expired. The Government will argue that it can Question—That the Bill be now read a make laws for the peace, order and good second time—put; and the House divided— government of the people. This Government AYES, 9—E. Cunningham, Dalgleish, Feldman, argues, just as Hitler did, that its firearms laws Knuth, Pratt, Prenzler, Turner, Tellers: Paff, Black are increasing the safety of society. But that is NOES, 76—Attwood, Beanland, Beattie, Bligh, not what the crime figures indicate. If we can Borbidge, Boyle, Braddy, Bredhauer, Briskey, Clark, learn anything from history, that is certainly not Connor, Cooper, J. Cunningham, D'Arcy, Davidson, what history clearly illustrates. We believe that Edmond, Elder, Elliott, Fenlon, Foley, Fouras, Gamin, enabling properly qualified and trained people Gibbs, Grice, Hamill, Hayward, Healy, Hegarty, to defend themselves with firearms does Hobbs, Horan, Johnson, Kingston, Laming, Lavarch, Lester, Lingard, Littleproud, Lucas, Mackenroth, contribute to the peace, order and good Malone, McGrady, Mickel, Mitchell, Mulherin, government of the people. Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, The deterrent effect of random distribution Pitt, Purcell, Quinn, Reeves, Reynolds, Roberts, of people who can defend themselves with Robertson, Rose, Rowell, Santoro, Schwarten, firearms will reduce the attacks on people and Seeney, Sheldon, Simpson, Slack, Spence, property and will reduce the number of victims Springborg, Stephan, Struthers, Veivers, Watson, Welford, Wellington, Wells, Wilson. Tellers: Sullivan, of crime at the expense of criminals. It will work Baumann in the same way that random breath testing is reducing drink-driving. It will work in the same Pair: Barton, Goss way that red-light cameras are working. It is Resolved in the negative. obvious that criminals will think very, very carefully before attacking someone who is or who may be armed, and this is the best, QUEENSLAND BUILDING SERVICES cheapest and quickest way for the AUTHORITY AMENDMENT BILL Government and the taxpayer to reduce crime. Second Reading This absolute fact remains: as long as the Resumed from 18 November 1998 (see Parliament prevents its constituents from p. 3257). effectively defending themselves, especially in Hon. J. C. SPENCE (Mount Gravatt— their own homes, the blood of every victim of ALP) (Minister for Aboriginal and Torres Strait 2376 Queensland Building Services Authority Amendment Bill 9 Jun 1999

Islander Policy and Minister for Women's can only be laid against moneys that are Policy and Minister for Fair Trading) payable to the builder, a valid claim of charge (10.38 p.m.): The Government will be may also automatically enliven the legislative opposing this private member's Bill before the excuse for non-payment contained in this Bill. House, namely, the Queensland Building Accordingly, the section will be rendered Services Authority Amendment Bill, but not meaningless by the inclusion of the excuse for because we disagree with the sentiments of non-payment of subcontractors and, as such, the member for Whitsunday, who introduced it. will not enhance security of payment in any I believe that, after reading the member's way. The inclusion of a reasonable excuse for second-reading speech, almost every member non-payment would not be welcomed by of this House would agree that we need to subcontractors or the industry in general. provide greater security of payment for The Building Services Authority may subcontractors in this State. Indeed, this currently impose a condition on a builder's subject has been spoken about by many licence where it believes that the builder has members in this place. I believe that we are all insufficient resources to meet liabilities, earnest in our desire to provide that security. I regardless of whether the builder has been believe that the problem that the Government paid. In fact, major industry stakeholders, has with this Bill is also mentioned in the including the Queensland Master Builders member's second-reading speech, in which he Association and the Housing Industry acknowledged that these amendments are Association, have proposed that paid-if-paid or simple. They are simple. They are paid-when-paid clauses in contracts be embarrassingly simple. And they provide no deemed void because they are unfair. security of payments at all for subcontractors. This Bill proposes amendments to enhance Once again, this aspect of the Bill fails to security of payment in the building and enhance security of payment for construction industry. As will be seen, however, subcontractors in any way. Rather, it would the Bill fails to achieve this objective and, in legitimise adverse outcomes already rejected fact, may serve to undermine the existing by the industry. powers of the Queensland Building Services It is disappointing that the member who Authority in this regard. introduced this private member's Bill stated in The Bill purports to oblige the Building his second-reading speech that he has some Services Authority to intercede on behalf of understanding of the Scurr report and the subcontractors by an amendment to the implementation steering committee's report objectives of the Queensland Building Services which was proposed by the former Authority Act. The Bill does not, however, Government. I have said in this House and at contain any mandatory provisions which would other venues that I think the implementation create an obligation on the Building Services steering committee's report on reforms to the Authority to perform any function, whether on building industry—particularly the Building a subcontractor's behalf or otherwise. In the Services Authority—has a lot to recommend it absence of such provisions, the amendment and is a quality document. If the member is to the objectives of the Act is ineffective from purporting to have read and understood that the perspective of improved security of document, it escapes me how he could payment for subcontractors. introduce a Bill of this nature. The Bill would also amend the Act to allow The purpose of the amendments relating the Building Services Authority to impose a to the imposition of conditions is unclear. The condition on a builder's licence where the Building Service Authority currently has broad subcontractor has laid a charge under the discretionary powers for the imposition of Subcontractors' Charges Act 1974 or where conditions in the event of concern over a the builder has failed to comply with a court builder's financial position. For example, over order for the payment of the amount to a the past three years the BSA has initiated over subcontractor. The Bill further provides, for the 1,400 financial audits of builders, resulting in purpose of the imposition of conditions, that it the imposition of conditions on, or the is a reasonable excuse for a builder not to suspension of, more than 1,000 licences. Over have paid their subcontractors if they the same period, more than 500 licences have themselves have not been paid. been cancelled. These audits have been These provisions demonstrate a initiated because of a number of factors, misunderstanding of the operations of the including evidence of non-payment of Subcontractors' Charges Act 1974 and subcontractors. equitable contracts. As a claim of charge The existence of the BSA's broad under the Subcontractors' Charges Act 1974 discretionary power is explicitly recognised in 9 Jun 1999 Queensland Building Services Authority Amendment Bill 2377 the Bill by the inclusion of a provision stating comprised of myself, the Minister for Public that the broad power is not limited in any way Works and Minister for Housing, the Deputy by the powers contained in the Bill. In light of Premier and the Minister for Local this recognition, it is clear that the introduction Government. All of us spent many months and of specific but flawed powers containing put in the hard work in consulting with the excuses for the non-payment of industry in relation to the changes that we subcontractors adds nothing to the existing need to make to the Queensland Building powers of the BSA and completely fails to Services Authority in order to deliver the meet its objective of enhancing security of reforms of the building industry that all payment. Queenslanders want to see. The Government recognises the The legislation is being produced as I importance of security of payment in the speak. I wish to commend the very dedicated building and construction industry and will and hard-working efforts that have been put shortly be delivering a comprehensive and into this matter by members of the coordinated draft of reforms designed to Queensland Master Builders Association, the improve industry performance and promote Housing Industry Association and the Building security of payment. These objectives are not Industry Subcontractors Association. I believe met by the Bill currently being debated. that when we finally bring the three new Bills to It is disappointing that the member who the House in August they will receive the introduced this private member's Bill has, to support of industry in general. These Bills are my best knowledge, on no occasion asked for not about the simplistic, quick-fix solutions of a briefing on the Government's proposals for paid-if-paid or paid-when-paid clauses that building a better building industry or in relation have been considered and rejected by the to our reforms to the Building Services building industry in this State on many Authority. Before introducing such a simplistic occasions over the past decade. and embarrassing Bill such as we have before Mr Schwarten: No subbie supports that. the House tonight, I would have assumed that the member would have taken the opportunity Ms SPENCE: Not one subbie I have ever of getting a full briefing from the independent spoken to supports paid-if-paid clauses. It statutory authority about this issue. However, escapes me how the honourable member that did not occur. could think that this is a Bill that would receive any support in this Parliament or in the Had the member been taking notice of industry. The Government's reforms will be the ministerial statements that I have made in aimed at benefiting subcontractors. We this House and my public statements that recognise that security of payment for have appeared elsewhere, he would have subcontractors is an important issue. In been aware that the Government is rejecting the Bill before the House tonight, I undertaking a thorough review of the building think it is important to understand that this is industry, and in particular of the Queensland an important issue and that a range of Building Services Authority. measures is needed to ensure that In the August session of Parliament I will subcontractors receive their correct payments. be introducing three separate Bills to replace New legislation will ensure that there is a the Queensland Building Services Authority 5% cap on retentions and securities with a Act of 1991. The first Bill will be the maximum of 2.5% retention and securities for Queensland Building Services Authority Bill, defect liability period. There will be new prompt which will establish and empower the BSA and payment requirements to apply in all contracts which will regulate commercial building stipulating that subcontractors must be paid contracts. The second Bill will be the new within 30 days. We are doing simple things like Queensland Building Tribunal Bill establishing making sure the subcontractors have written and empowering the Queensland Building contracts with the head contractor—something Tribunal. The third Bill will be a new Domestic that we assume occurs but, unfortunately, it Building Contracts Bill which will set out in does not occur in the building industry in this straightforward detail the mandatory and State. We will also give rights to suspend work prohibited contents of domestic building where full payment is not made and no valid contracts. reasons are provided for any payment not paid The changes that we will be making to the by the due date. We will prohibit unfair contract Queensland Building Services Authority have clauses such as paid-if-paid and paid-when- gone through an extensive period of paid clauses, the subject of this Bill tonight. consultation. The changes were agreed to by There will be more rigorous financial a special purposes Cabinet subcommittee assessments and audits on licensees to 2378 Queensland Building Services Authority Amendment Bill 9 Jun 1999 improve financial viability. In this way, we hope Authority, obviously a lot of our attention went to ensure that builders have financially sound to reforms that we could introduce to make the businesses to ensure that they are capable of building industry safer for consumers as well as paying their subcontractors for the jobs for subcontractors. performed. In the few minutes remaining to me, I There will be stricter penalties on builders want to talk about some of the reforms that we and trade contractors who provide false and believe are needed to ensure that the industry misleading information. We will introduce a is safer for consumers as well as for five-year licensing ban for directors and subcontractors and builders. One of the things persons associated with failed companies. We that we will do is increase the maximum will streamline the dispute resolution processes insurance entitlement from $100,000 to through the Queensland Building Tribunal, with $200,000. I understand that during the 1997- disputes involving less than $10,000 generally 98 financial year, over 23% of the residential determined within a day. We will provide dwellings that were built in Queensland cost access to the Queensland Building Tribunal for over $100,000. In fact, the cost is growing commercial disputes up to $50,000. We will steadily. Obviously, when things go wrong for introduce nationally consistent technical the people who are building houses that are competence standards. There will be better worth over $100,000, they are making much defined licensing classes and clearer higher claims on the insurance fund. Certainly, definitions for scopes of work. We will introduce those claims are disproportionate to the managerial nominees for companies to premiums that the builders are paying. For provide greater flexibility in meeting licence those reasons, we have decided to accept the requirements. We will introduce power allowing ISC recommendations that there is a need to immediate action to be taken against increase the insurance entitlement from unlicensed contractors. $100,000 to $200,000. That increase in the I have outlined a range of changes that insurance entitlement has been introduced we will make to the Building Services Authority already in New South Wales and Victoria. Act to ensure that subcontractors receive their Another major reform for consumers will payments. However, neither I as Minister nor be that, for the first time, insurance cover will this Government is so foolish to suggest to be extended to high-rise residential units. We Queensland's industry that any changes that have all seen the burgeoning residential unit we make in this Parliament to this legislation market in this State. It is time that the building are going to guarantee 100% that all industry and the insurance that we provide in subcontractors in this State will be guaranteed the Building Services Authority kept up with the payment forever and a day. That is impossible. developments in the building industry. That is However, I believe that the reforms that we are why we are including high-rise residential units proposing, with the agreement of the industry, within the insurance policy. will create a better climate for subcontractors Moreover, we believe that we will be and ensure that builders have greater financial introducing more effective contractor licensing, viability so that they can ensure that which will eliminate bad builders from the subcontractors get paid. industry and prevent the re-emergence of I have to say that, although the security of those associated with failed building payment for subcontractors is an issue that companies. We will introduce the requirement takes up a lot of the time of this for all contractors to arrange insurance and Parliament—and certainly over the past have written contracts for all building work, decade it has taken up a lot of the time of the including variations. There will be limitations on political landscape—we in Queensland have deposits in domestic contracts and a five-day one of the most secure building industries in cooling-off period, during which consumers can Australia. The Building Services Authority is withdraw from the contract. This is a new highly regarded as one of the goalposts within initiative. There will be a streamlined dispute the Australian building standards. I also have resolution process with disputes less than to say that the other major players in this $10,000 generally determined within a day. industry are the Queensland consumers. Most We will introduce the right to end contracts of the disputes that are resolved by the where the price rises by more than 15% or Building Services Authority or in the where the work is not completed within 150% Queensland Building Tribunal are between of the time specified in the contract. There will builders and consumers and not between be better defined licensing classes with a builders and subcontractors. So when we clearer identification of important licensing looked at reforming the building industry and information. There will be the extension of reforming the Queensland Building Services licensing to cover the important areas of fire 9 Jun 1999 Adjournment 2379 protection and soil testing—long overdue have had to be flown elsewhere? I also areas for reform in the Queensland building challenge her to release information about industry. There will be more appropriate licence how many operations have been cancelled requirements for persons undertaking because of the pressure on this unit. The lack structural renovations and repairs and of hospital beds has ramifications for other inspection services. For the first time, we will services in the hospital. provide a consumer advice booklet with all I table a letter from an elderly Ingham domestic building contracts. man who was admitted to the Townsville By outlining some of the building reforms Hospital on 24 May this year. That man was that this Government is initiating and by awaiting serious heart surgery that was to take explaining to the member for Whitsunday this place the next day, but it was cancelled as long and involved process that this there was not a bed available for him after the Government has gone through to get to this operation. The letter states— point, I hope that I have convinced him and "You will appreciate that as an elderly the members who sit with him on that side of man, the thought of undergoing major the House that the very simplistic changes that heart surgery was extremely distressing he is proposing—to introduce paid-if-paid and for my family and I. The last-minute paid-when-paid contracts—are the last thing cancellation seriously exacerbated this that the building industry wants to see in this distress and did nothing to improve my State. It wants to see a better licensing health at a time when I expected a regime. It wants to see greater compliance degree of certainty. The delay also meant with that regime. It wants to see a serious inconvenience to family members strengthened Queensland Building Services who had taken time off work and travelled Authority. hundreds of kilometres to be with me I have a lot more to say on this subject, during this stressful time." and I know that I have 40 minutes within which Another north Queensland man has to say it. However, I will be happy to wait until raised with me the issue of the blow-out in the the next sitting of Parliament to do so. time needed to get an appointment at the Debate, on motion of Ms Spence, Townsville district diabetic clinic. He has been adjourned. told that his normally three monthly appointments will be now be six monthly. He cannot get an appointment for six months. ADJOURNMENT Obviously that is very worrying for someone Hon. J. C. SPENCE (Mount Gravatt— who is trying to cope with a disease and who ALP) (Minister for Aboriginal and Torres Strait needs a certain level of support. I have written Islander Policy and Minister for Women's to the Minister about the matter and I call on Policy and Minister for Fair Trading) (11 p.m.): I her to reveal the waiting lists for the clinic. move— Without proper follow-up treatment and "That the House do now adjourn." supervision, there are many complications of diabetes that in dollars are very costly and in human terms are very damaging. Townsville and Toowoomba General I also understand that the Toowoomba Hospitals hospital has suffered from incredible pressure Miss SIMPSON (Maroochydore—NPA) on services and is looking at areas where it (11 p.m.): I am hearing disturbing reports can cut costs. This is happening at a time about the lack of intensive care beds and when the Health Department is about to stretched services at the Townsville General employ three new fat cats on salaries of Hospital. Worried local doctors have told me $180,000 each to form a new layer of that recently two patients could not be flown management in the department. Contrary to into this major regional centre because of the the deliberate untruths that the Health Minister lack of intensive care beds. They were flown has told media outlets, under the coalition elsewhere, despite the fact that Townsville was there was no management structure over the closest major hospital. I call on the Health health districts called zones. This is a new layer Minister to reveal how many times the of management in the Health Department. I intensive care unit at this busy hospital is full will table the line management structure that and what plans the Government has to boost was circulated on 20 May this year by the funding. I ask her: how many other people Director-General of Health stating that this new who clinically could have been treated at the structure will come into effect on 5 July 1999. I Townsville Hospital if the beds were available also table the coalition's line management 2380 Adjournment 9 Jun 1999 structure which clearly shows that there was no the middle of the night under previous zone management layer over the top of the Governments. Who will ever forget the districts. That proves that the Labor Party will Bellevue? do anything to lie and cover up when it creates Not only is it important to protect buildings fat-cat jobs that will cost services in our but it is also important to protect the gardens regions. and surrounds that add to the grandeur of The Toowoomba Hospital is also historical properties and tell us much about the struggling to get enough intensive care beds. I lifestyle of our forebears. Herein lies the table a letter that cites another example of a problem that those of us who want to see patient whose operation was cancelled, once Whepstead Manor protected are faced with. again because of the lack of intensive care The building is grand and is a listed property. beds. Beds are physically available at the However, the adjacent, now vacant land hospital, but the hospital is not funded to be should also be protected. This land was once able to use them. That is a major concern in part of the property that Whepstead Manor sat another regional hospital, which has serious on. It was very much a part of Whepstead budgetary problems. when Whepstead was built and stood grandly The Government's answer was to put in on this large site. The site helped define the another layer of bureaucracy. Three salaries property. totalling $180,000 are almost equivalent to the The Queensland Heritage Act 1992 states salary of a director-general. It is a disgrace that that for a place to be entered in the Heritage this Government is saying that that is not a Register, it must be of cultural heritage major change. The Government should tell all significance and satisfy one or more criteria the nurses, cleaners, laundry people, physios, listed under Part 4 of the Act. Whepstead occupational therapists, allied health workers Manor and its surrounds satisfy most of those and all the other people who work in the health criteria. It most certainly is important in services in this State that that is not a major demonstrating the evolution or pattern of salary package. The line management Queensland's history. Whepstead Manor is a structures that I have tabled clearly show the building, but the area of land on which it used lies of this Government, which says that it has to sit is very much a part of Queensland's not introduced another management layer. I history and provides insights into that history. table another document that shows that that Simply conserving the building without the total level of management over the top of the land on which it sits tells only part of the story districts did not exist under the coalition. of our past. The Labor Party has a habit of paying for Another criterion is that the place has extra bureaucracy and cutting down on the potential to yield information that will contribute services to the people who need them. It has to an understanding of Queensland's history. created a very expensive, top-heavy Whepstead Manor certainly does this. Once bureaucracy with all these fat cats on salary again it is not just the building that contributes packages, extra superannuation, cars and to an understanding of Queensland's history, study leave, yet it does not deliver any extra but it is also the grounds, the size of those services to the districts at the local level of grounds and where they are that tells a story management, which is what people need. as well. Time expired. Criterion (e) states that the place is important because of its aesthetic significance. Anyone who is fortunate enough to visit Whepstead Manor Whepstead Manor will comment on its beauty. Mr BRISKEY (Cleveland—ALP) The large grounds that surround Whepstead (11.04 p.m.): I rise to speak about an issue add to its beauty. Just as an artist does not that is of great concern to many within my paint a painting with only the main subject but electorate. Whepstead Manor is a grand old places the subject in a context, so too heritage listed property at Wellington Point that Whepstead needs its large grounds around it was built in 1889 and today stands as an to place it in its context. If an artist left out the important link with our past. In 1992 the Goss background or other details, that would detract Government passed the first heritage from the beauty of the painting. legislation ever enacted in Queensland so that Whepstead needs the large grounds in properties like Whepstead could be protected. which it originally stood to remain so that its Without this legislation, many more important beauty or, as the Queensland Heritage Act Queensland landmarks would have been states, its aesthetic significance can be destroyed, like those that we saw destroyed in conserved. For a place to be registered, it 9 Jun 1999 Adjournment 2381 must meet only one criterion. Whepstead hence it is important to record this valuable Manor meets many. It is an extremely information for generations to come. Workers significant property and it should be protected are trained at the library centre to go out into as it was, that is, on its original, large property. the communities and show people how to use When observed from a distance, the network, which is in most community Whepstead's beauty and significance are council chambers and in community libraries. obvious. If a large unit development is allowed I appointed Evelyn Scott, an eminent adjacent to or on the land which was once part woman in her own right, to the Ministerial of the Whepstead site, it will surely affect the Women's Advisory Council to provide heritage significance of Whepstead. I do not information and policy advice to me regarding believe that a unit development is acceptable, Aboriginal and Torres Strait Islander issues. As as it will surely detract from the aesthetic a result of this process, the council and I set significance of the site. If this development up a pilot program of self-training and does, as I believe, detract from the aesthetic administration involving cultural, family and significance of the site, then it is in community workshops run by the women of contravention of the objects of the Palm Island, with Evelyn keeping a watching Queensland Heritage Act, because the objects brief on progress. This was met with much provide that the Minister, the council and other enthusiasm by the Palm Island women. Evelyn bodies and persons concerned in its and I launched this program in Townsville and administration must seek to achieve the travelled to Palm Island to speak to the retention of the cultural heritage significance of women and the elders. Self-determination is the places and objects to which it applies. surely the way forward for Aboriginal people. In Time expired. general, the guiding light in this process are the women who, with dedication and commitment, are influencing progress. Ms J. Huggins; Ms E. Scott Queensland and Queenslanders in Mrs SHELDON (Caloundra—LP) general are richer for the commitment and (11.09 p.m.): On Saturday, 29 May, in an wisdom of women such as Jackie Huggins and article in the Courier-Mail headed "Day of Evelyn Scott. The ignorance and bigotry they reckoning for cabbie", Tony Koch highlighted experienced in Sydney is unworthy of every the disgraceful treatment of two Aboriginal decent Australian. Black and white Australians women by a Sydney cab driver. These two working together will overcome what at these women were in Sydney waiting for a cab to times may seem insurmountable problems. take them to the airport so that they could Division, hatred and apathy will never achieve return to Brisbane. The cab driver would not those ends. I would like to think that never accept them in his cab because of their race again will two women of such dignity be and colour, and he abused them. I am happy abused in such a manner as they were in to say that at least some of the people in the Sydney. queue abused the cab driver back. The women in question were Jackie Education and Sporting Facilities Huggins and Evelyn Scott. Jackie is a prominent Aboriginal academic and a member Mr NUTTALL (Sandgate—ALP) of the Federal Government's Council for (11.13 p.m.): The issue on which I wish to Aboriginal Reconciliation. Evelyn is the speak this evening is one about which I have Chairman of the Reconciliation Council and a spoken in this Parliament before, namely, the Human Rights Commissioner. I have nothing greater use of facilities that I believe are other than admiration for both women, whom I currently underutilised. I am speaking mainly in know personally. I appointed both to important relation to primary and secondary schools, board and advisory positions when I was the TAFE colleges and universities. Minister for Women's Affairs. I appointed Everybody would like a major facility in Jackie Huggins to the Library Board of their backyard. One of the difficulties that we Queensland, on which she represented the as a society and as a Government have is that interests of all Queenslanders with distinction. the resources and the money are simply not She worked with me to open a library in Cairns, available to continue to provide adequate which acted as a training house and resources for everybody's needs. Take a communications centre for IT networking into school library as an example. Currently, at the Aboriginal communities. Through this centre, end of the school day at a secondary school, Aboriginal people could find out about their the school is locked up and the students go cultural history, which we also put on CD-ROM. home and do their homework in preparation Much of Aboriginal history is verbal only, and for the next day. In the past I have raised this 2382 Adjournment 9 Jun 1999 issue with various Ministers from both sides of have spoken in this Chamber about aspects of the Chamber. Given the importance of the Brisbane town plan. Tonight I wish to computer technology in today's society, I address my remarks to another aspect of the believe that school libraries, in particular plan that I have not yet addressed. In secondary school libraries, should be open not particular, I am concerned about home only after school but well into the evening and occupations or businesses. also on weekends. If that means that we are Currently, under the town plan home required to fund extra positions for people to occupations are permitted where only the work in libraries at those times, that should be resident of the home is working or running a factored into school budgets. business from home. This means that there It is improper for us to expect young are very clear restrictions on the way in which people in secondary schools to have access to home businesses can be run. For example, modern technology, such as the Internet, in they cannot employ anyone and the resident their homes. I do not believe that all students must operate from home by themselves solely. can afford that. We have these resources at Furthermore, the applicant must advertise secondary schools. Why do we continue to the details of the purpose for which he or she deny access to those resources over proposes to use the property and all details weekends? This is applicable not only to have to be spelt out in the application and in libraries but also assembly halls and sports the signs put on the property. Local residents facilities in schools, TAFE colleges and then have an opportunity to object and, if they universities. are unhappy with the council's decision, then Recently, on a Saturday evening while in appeal to the Planning and Environment Court Toowoomba I had the opportunity to attend a against the decision of the council. Therefore, basketball game at the Toowoomba university. they have full rights under the current town I was astounded and most impressed by the plan. A particularly important right is that of facilities that that university had. It would have appeal. cost many millions of dollars to build those Under the proposed new town plan, facilities, yet they are accessible only to applicants—that is residents—of home university students. Basketball, soccer and businesses, as they will become known, will be hockey clubs in need of such facilities are able to employ up to two people in addition to expected to build their own facilities, yet just up themselves. Cars are going to be allowed to the road these facilities have already been park on the streets and people will be able to built at universities, TAFE colleges and so on. use up to 100 square metres of house space I do not see why we continue to say, "If for the purpose of a business. This will allow a you want something, put in an application, massive expansion of businesses into raise funds and try to get some money." It is residential areas, bringing with it major impractical to continue to duplicate facilities not changes to the character, aesthetics and only in small regional towns but also in larger environment of the neighbourhood. People will towns, such as Brisbane and its suburbs. My find in many streets that vehicles will be electorate contains the third largest TAFE parking at the kerb side; they will be taking up college in the State. Parents have approached all the space that has previously been used by me numerous times saying, "Why can't we visitors to local residents or the residents access the library or the sporting facilities?" themselves. But employees of businesses in They also ask why they cannot access the the streets will be taking up that parking space. facilities of the home economics and manual Of course, that is not to mention the arts rooms at the local high school. I customers of these businesses, who will empathise with that view. I do not believe that occupy a large number of spaces, even either side of politics has done enough in though as I understand it in some cases only addressing those issues. It is improper to ask one delivery vehicle per week will be allowed. young people to have access to those study That is a joke, of course. It will be a farce. That facilities in their home. If we want our young particular rule will not be able to be enforced people to have an opportunity to move because, after all, who is going to enforce it? into—— Furthermore, I understand that, where the Time expired. resident employs only one person and does not use more than 50 square metres of floor area of their house or dwelling place, they will Brisbane Town Plan be able to do that without the local residents Mr BEANLAND (Indooroopilly—LP) having the opportunity to object and appeal. I (11.18 p.m.): On two previous occasions I understand that they will be able to put in a 9 Jun 1999 Adjournment 2383 protest, but there will be no right of appeal. Of occasion for Irish communities from around the course, without the right of appeal, the right of globe to link up and share their common protest is worthless. This means that no signs heritage. The Rose of Tralee is a contest for indicating that there is an ability to appeal will girls of Irish birth or ancestry, aged 18 to 25 be put up. In addition, there will be additional years. They are judged not on looks alone, but noise coming from these places. more on personality, poise, charm, sincerity Where residents have only themselves as and the ability to represent their home country employees—they cannot employ other in Ireland and to represent Ireland in their people—that places an obvious restrictions on home country. the types of businesses that can operate from For 10 days in August, more than dwelling places. It does not matter whether 300,000 visitors from all over the world will those homes are in my electorate or across gather in Tralee for one of Europe's most the way at Algester, over at Aspley, down at popular festivals. Entrants from Canada, the Carindale or wherever it may be, because USA, Europe, the Middle East, Japan, New residential A streets, as they are currently Zealand, Great Britain, Ireland and Australia known, with low density housing are going to will gather in the Tralee Festival Dome. Over be affected by this type of development that is two nights, the "Roses" will be presented for going to occur. We are going to find that judging, which will be broadcast live to tens of house after house in street after street in a millions of homes in western Europe. number of these neighbourhoods will be Queensland will be represented in Tralee turned into business establishments. by the 1999 Rose, Angela Martin, who was The second area I just want to touch on selected at the 12th Queensland Rose of briefly is that of security gates. I understand Tralee Quest last Saturday evening, 5 June. I that these are going to be banned from had the privilege not only of representing the retirement villages and townhouse complexes. Premier, Peter Beattie, at the quest, but also This proposal will mean that many of those of announcing the winner to the hundreds of who live there—especially the elderly—are supporters who gathered for the celebration, going to be fearful of their lives; they are going and I table a copy of the program. It is to feel insecure; they are going to feel that appropriate that in this House we place on they are to be left at the mercy of thugs and record our thanks for those who helped burglars. I do not know why one would come organise this wonderfully colourful function. up with this proposal, because for good reason The Queensland Irish Association, under most of these establishments currently have the guidance of President Pat Brennan and security gates. If they are going to be banned his directors, have consolidated the QIA as on future developments, at the end of the day one of Queensland's most popular and friendly it will mean that many private dwellings will be clubs. Through prudent financial management without security gates and, of course, those and years of hard work, QIA members have living there will pay some sort of a price for made Tara House a great place to gather for that. I am sure that they are going to be quite the one third of Queenslanders who are Irish alarmed when they find out that in future and the two-thirds who wish they were. security gates cannot be erected in townhouse complexes and retirement villages. It was at Tara House that committee convenor Noela McCormack and her Time expired. committee members—Chris McGirl, Mary Woodley, Margaret Stacey, Janis Flanagin, Queensland Rose of Tralee Mary Casey, Maureen O'Reilly, Lorraine Hardin, Alexis Wavell-Smith, Kathleen Mr SULLIVAN (Chermside—ALP) O'Malley, Susan McLean, Pauline Donegan, (11.23 p.m.): The influence of the Irish people Janet Phillips, Samantha Andrew and Angela has spread throughout the Western World. As Crealey—organised the 1999 Rose of Tralee a result of the potato famines and other selection. Master of Ceremonies, Jim troubles, the Irish settled in large numbers in Morrissey, and interviewer, Laurie Sheehan, many countries. Australia became a favoured helped create a welcoming, relaxed destination for Irish settlers, and our nation is atmosphere which allowed those present to all the richer for their coming. get to know and judge the 14 entrants. Thanks For the last 40 years, the great Irish are due also to judges Carmel Mulherin, Diaspora have come together in the city of Marilyn Mackintosh, Berenice Atherton, Tralee, County Kerry to celebrate their Eleanor Davidson, Alan Aubrey and Dianne Irishness in a celebration called the Rose of Mitchell, and to the many sponsors who Tralee International Festival. This festival is an supported the quest. 2384 Adjournment 9 Jun 1999

The 1998 Queensland Rose, Maria Crealey, in the great tradition of former Roses, was a magnificent ambassador for our State. Through her calm and friendly approach, she was also a great help to this year's entrants. Queensland will have a special place in Tralee this year because the QIA Pipes & Drums Band will lead the parade through the streets of Tralee. This will give Queensland massive exposure to millions of viewers because of this honour. The Queensland Rose of Tralee committee members have been working with the Department of Tourism and the Department of State Development to help promote our State through the international festival. I have been in contact with the office of Queensland's Agent-General in London, and will be phoning Dermot McManus after the House rises tonight to see what support can be given to the Queensland contingent. I thank the Minister for Tourism and the Minister for State Development for the assistance their departments are providing to the Queensland committee, who are prepared to work so hard for this State. All in all, the Queensland Rose of Tralee Quest has been a great success and will reach even greater heights in Tralee later this year. It is great to be Irish at any time, but particularly when the Queensland Rose of Tralee Quest is being held. I pass on my congratulations to all QIA members and their supporters. I am proud to be part of their celebration. Motion agreed to. The House adjourned at 11.28 p.m.