PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Wednesday, 26 October 2011 (Extract from book 17)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AO, QC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP
Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP
Treasurer...... The Hon. K. A. Wells, MP
Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP
Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP
Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC
Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP
Minister for Education...... The Hon. M. F. Dixon, MP
Minister for Planning...... The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC
Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP
Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP
Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP
Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC
Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP
Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary...... Mr D. J. Hodgett, MP
Legislative Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulos and Mr Walsh.
Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.
Joint committees
Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 2 Elected 19 February 2011
CONTENTS
WEDNESDAY, 26 OCTOBER 2011 Moreland Bicycle User Group ...... 4876 Benalla electorate: Advancing Country Towns QUESTIONS WITHOUT NOTICE program ...... 4877 Children: protection...... 4861, 4863, 4864 Viewbank College: gala concert ...... 4877 Royal visit: events...... 4862 Mornington: Tidy Towns awards...... 4877 Bushfires: Marysville recovery...... 4864 Mornington: sesquicentenary...... 4878 Women: Australian Institute of Company City of Wyndham: employment...... 4878 Directors scholarships...... 4865 Monash Volunteer Resource Centre ...... 4878 Rooming houses: regulation ...... 4866 Rotary: Monash charity golf day...... 4878 Victorian Indigenous Honour Roll: St Helena Secondary College: arts and establishment...... 4867 technology awards...... 4878 Biofuel: Madowla Park project ...... 4868 St Kilda Primary School: fair...... 4879 Racing: Bendigo Cup...... 4868 Prahran Mission: Mullets for the Mission ...... 4879 INDEPENDENT BROAD-BASED ANTI-CORRUPTION Safe Schools Coalition Victoria: funding...... 4879 COMMISSION BILL 2011 Fr Bob Maguire ...... 4879 Introduction and first reading...... 4869 Prahran: mental health forum...... 4879 Sylvia Fahey...... 4879 VICTORIAN INSPECTORATE BILL 2011 Helen Round...... 4879 Introduction and first reading...... 4870 Astor Theatre ...... 4879 PETITIONS Victorian certificate of applied learning: Puppy farms: abolition...... 4870 funding ...... 4879 Puffing Billy: funding...... 4870 ELECTRICITY INDUSTRY AMENDMENT Casey Hospital: funding...... 4870 (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL Schools: Doreen...... 4871 2011 Children: Take a Break program ...... 4871 Second reading ...... 4880 DOCUMENTS ...... 4871 JUSTICE LEGISLATION FURTHER AMENDMENT APPROPRIATION MESSAGES ...... 4872 BILL 2011 MEMBERS STATEMENTS Statement of compatibility ...... 4891 Whittlesea City Little Athletics Centre...... 4872 Second reading ...... 4892 Albury Wodonga Community College: Schools PLANNING AND ENVIRONMENT AMENDMENT First funding...... 4872 (SCHOOLS) BILL 2011 Sergeant Ceryn Campbell...... 4872 Statement of compatibility ...... 4893 Peter Gelo...... 4872 Second reading ...... 4893 Turkey: earthquake ...... 4873 LIQUOR CONTROL REFORM FURTHER Australian Hellenic Memorial: 10th anniversary ....4873 AMENDMENT BILL 2011 Black Rock House: 155th anniversary ...... 4873 Statement of compatibility ...... 4895 St Joseph’s Primary School, Brunswick West: Second reading ...... 4895 centenary...... 4873 MINES (ALUMINIUM AGREEMENT) AMENDMENT Melbourne Prayer Breakfast ...... 4873 BILL 2011 Greater Frankston Business Chamber: business Statement of compatibility ...... 4898 expo ...... 4874 Second reading ...... 4899 OzChild: nurturing day for carers...... 4874 STATE TAXATION ACTS FURTHER AMENDMENT Frankston electorate: student leaders ...... 4874 BILL 2011 Lakewood child care centre: closure...... 4874 Statement of compatibility ...... 4902 Frankston District Tigersharks: presentations ...... 4874 Second reading ...... 4903 Victorian volunteer small grants program: SERIOUS SEX OFFENDERS (DETENTION AND closure...... 4874 SUPERVISION) AMENDMENT BILL 2011 Relay for Life: Echuca-Moama ...... 4874 Statement of compatibility ...... 4905 Sherbrooke Community School: building Second reading ...... 4907 program...... 4875 ADJOURNMENT Mount Lilydale Mercy College: art show...... 4875 Brimbank Gardens estate: air quality...... 4911 Alexandra: community reading day ...... 4875 Carbon tax: Bayswater electorate...... 4911 Narre Warren South electorate: student Puffing Billy: funding...... 4912 leadership...... 4876 Rodney electorate: flood recovery funding...... 4913 Gembrook Primary School: Walk to School day .....4876 Nicholson–Miller streets, Brunswick East: Parliament House: bowls event...... 4876 safety ...... 4913 Emerald Community House...... 4876 Healesville freeway reservation: future ...... 4914 George Harmon ...... 4876 Public transport: fares...... 4914 National Bandanna Day ...... 4876
CONTENTS
Cardross: sports equipment...... 4915 Outer Suburban/Interface Services and Development Committee: livability inquiry ...... 4915 Moriac Primary School: rebuilding ...... 4916 Responses ...... 4916
QUESTIONS WITHOUT NOTICE
Wednesday, 26 October 2011 ASSEMBLY 4861
Wednesday, 26 October 2011 5. unsafe work practices; 6. a lack of systems for the monitoring or reporting of The SPEAKER (Hon. Ken Smith) took the chair at workload; 7.03 p.m. and read the prayer. It was just a litany of the challenges that this system — — QUESTIONS WITHOUT NOTICE Mr Donnellan — On a point of order, Speaker, the Children: protection question asked was quite simple. It was relevant. I asked: has the minister reviewed the 90 cases which Mr DONNELLAN (Narre Warren North) — My were closed just before the end of the financial year? question is to the Minister for Community Services. I refer the minister to the Ombudsman’s report tabled The SPEAKER — Order! What is the member’s yesterday in which he describes the practice of the point of order? culling of child protection case lists, including 90 cases just two days before the end of the financial year, and I Mr Donnellan — The minister’s answer is not ask: has the minister personally reviewed these 90 cases relevant to the question. to ensure that these children are no longer in danger? The SPEAKER — Order! I do not uphold the point Ms WOOLDRIDGE (Minister for Community of order. The minister’s answer was relevant to the Services) — I thank the honourable member for his question that was asked, which was about the question. The Baillieu government welcomes both the Ombudsman’s report. investigation by and the report from the Ombudsman in relation to the child protection system. He has had a Ms WOOLDRIDGE — As I have said in longstanding interest in this area and has highlighted welcoming the report and looking at all the details in many challenges for the system over a number of years. relation to it, we have accepted every one of the six It is also very useful because it is a timely reminder of recommendations the Ombudsman has put in place. the absolute chaos that the former government left the Mr Andrews interjected. child protection system in. The SPEAKER — Order! The Leader of the Honourable members interjecting. Opposition is on a warning! The SPEAKER — Order! The minister, to return to Ms WOOLDRIDGE — We have accepted each of answering the question. the recommendations that have been put in place, Ms WOOLDRIDGE — What the Ombudsman’s which are very important and go towards the work that report has said — — we have committed to — the need to reform the child protection system. As I have said in this house before, Mr Andrews interjected. we have put in place a very significant inquiry to which we will forward the Ombudsman’s report for it to be The SPEAKER — Order! The Leader of the incorporated — — Opposition! Mr Hulls — On a point of order, Speaker, I know Ms WOOLDRIDGE — I would like to quote you have given the minister a lot of leeway, but she is directly from the Ombudsman’s report in relation to a now clearly debating the question. The question was manager in the child protection system, who is quoted specifically about the 90 cases that were closed on her on page 19 of the report as having stated: watch. Has she reviewed them — yes or no?
When I commenced my position with the Department of The SPEAKER — Order! I do not uphold the point Human Services, Loddon Mallee region (LMR) child protection program in April 2010, I found that the program of order! had: Ms WOOLDRIDGE — We will be forwarding the 1. significant number of cases waiting for allocation; report of the Ombudsman on this important inquiry with all of its recommendations, the cases identified 2. significant staffing instability at both the management and case carrying level; and the cases highlighted, to the inquiry for it to incorporate in its advice to the government about how … we change this.
QUESTIONS WITHOUT NOTICE
4862 ASSEMBLY Wednesday, 26 October 2011
The Ombudsman has identified a number of cases that Royal visit: events he has requested be reopened. They were the focus of his interest, and every single one of those cases has Mrs FYFFE (Evelyn) — My question is to the been reopened, reinvestigated and looked at in detail. Premier. Can the Premier advise the house of the Some of those cases have been closed — — success of today’s visit to Victoria by Her Majesty the Queen and the Duke of Edinburgh? Ms Allan — On a point of order, Speaker, just to clarify, the minister is not answering the question that Mr BAILLIEU (Premier) — I thank the member was asked. The question referred not to the 59 cases for her question. I was delighted on behalf of the people that the Ombudsman asked to be reviewed but rather to of Victoria to participate with members of both sides of the 90 that were chopped off the list under her watch. this house in the visit to Victoria of Her Majesty and That is the question we want the minister to answer. His Royal Highness today. It was a great day that highlighted many of the wonderful things in our history The SPEAKER — Order! I do not uphold the point and indeed our present and future. As I said this of order on the basis that the answer was relevant to the morning, there was a sweet symmetry in Her Majesty’s question that was asked. visit to the Royal Children’s Hospital at Parkville this morning. As I am sure members know, in 1963, nearly Ms WOOLDRIDGE — The Ombudsman 50 years ago, the Queen opened what we must now call reviewed many cases in the Department of Human the old Royal Children’s Hospital. On that occasion she Services system and identified for us 59 cases that was hosted by the then president of the hospital, Dame needed to be reopened and reinvestigated. We have Elisabeth Murdoch, and it was a fabulous thing to see taken his advice — — Her Majesty and Dame Elisabeth reunited today at the opening of the new Royal Children’s Hospital. Mr Donnellan — On a point of order, Speaker, the question specifically related to 90 cases. The minister is However, the real stars today were the children at the debating the question. I asked about the 90 cases closed hospital, their families and the exceptional staff and temporarily, not 59. support teams that assist in the care of the children. The faces of those young patients truly lit up when the The SPEAKER — Order! The preamble to the Queen and the Duke of Edinburgh arrived. It was an question becomes part of the question. The member for occasion to remember, and I am sure the Leader of the Narre Warren North referred to the Ombudsman’s Opposition would agree with that. Much credit goes to report. The minister is referring to the Ombudsman’s all those involved at the Royal Children’s Hospital for report. the completion of this great facility. As I said this Ms WOOLDRIDGE — I say again, the morning, credit goes to successive governments, Ombudsman looked at many different cases, including Liberal and Labor, for their commitment to this the 90 that were closed. He identified — — important institution over more than 60 years and to former Premiers Bracks and Brumby for their Honourable members interjecting. commitment to and support for the new hospital.
The SPEAKER — Order! The members for Yan Mr Eren interjected. Yean and Bendigo East will refrain from interjecting in that way. The SPEAKER — Order! The member for Lara is on a warning! Ms WOOLDRIDGE — The Ombudsman identified 59 cases that were of concern. We have Mr BAILLIEU — It was also wonderful to see the opened every one of them and reinvestigated. A small thousands of Victorians who lined the streets of number have been substantiated, a number have been Melbourne from the airport to the Royal Children’s closed and a number are still being investigated. I have Hospital and then on to the National Gallery of Victoria reviewed each of them in detail, and I am confident that and down St Kilda Road to Government House. I thank we are doing the work that we committed to do, which again those at the gallery, which marks its 150th year did not happen under the previous government, to this year. The reception in Federation Square was very protect vulnerable children. enthusiastically received and very warm. I know — and I can speak on a personal basis — that both Her Majesty and His Royal Highness were delighted with the reception. I also want to particularly thank those who designed and decorated the special royal tram,
QUESTIONS WITHOUT NOTICE
Wednesday, 26 October 2011 ASSEMBLY 4863 which I think hit the spot. That tram will be in service The SPEAKER — Order! A member of the for the next year as a special reminder not only of this opposition has asked a question. The barrage of visit but to mark Her Majesty’s diamond jubilee in a interjections is not allowing the minister to answer the particularly Melbourne way. question. If members of the opposition want to get an answer, I suggest they be quiet and listen to the answer Finally, I want to record our thanks to His Excellency that is being given. the Governor and his wife, Mrs Chernov, for the reception they held at Government House, guests at Ms WOOLDRIDGE — The Ombudsman spent a which came from a wide cross-section of the Victorian number of months looking in great detail at each of the community, including our multicultural communities, cases that have gone through the process — — our faith communities and victims of flood and bushfire in recent years. It was a wonderful cross-section of the Ms Thomson interjected. Victorian community. Melbourne turned on a beautiful sunny day and a beautiful sunny welcome. My The SPEAKER — Order! The member for conclusion is that it was a cheerful, positive and very Footscray! happy visit. Ms WOOLDRIDGE — The Ombudsman asked us to consider 59 cases, which we did. Both the Children: protection department and I personally have looked in detail at Mr DONNELLAN (Narre Warren North) — My each of these cases. question is again to the Minister for Community Mr Andrews — On a point of order, Speaker, the Services. I refer the minister to her previous answer, question related to 90 cases and what the minister has and I ask: has the minister reviewed all 90 cases? If so, done. It did not relate to the work of the Ombudsman. It what action has she taken? related very simply to those 90 cases, not the 59. It was Ms WOOLDRIDGE (Minister for Community very specific. The question was asked straight out: has Services) — I thank the honourable member for his the minister reviewed those cases, and what action has question, which was written by the Leader of the she taken? If she has done nothing, she should just say Opposition — — so.
Honourable members interjecting. The SPEAKER — Order! I do not uphold the point of order. I believe the answer was relevant to the Ms WOOLDRIDGE — I refer the honourable question that was asked. member to my previous answer, which was very clear. The Ombudsman had unfettered access to DHS Ms WOOLDRIDGE — What I am saying is that (Department of Human Services) systems and looked at we have done exactly what the Ombudsman asked us to many cases. Of those cases he reviewed, he had do. That is what we will continue to do, because our concerns in relation to 59 of them. We have reviewed objective is to focus on protecting vulnerable children. those he identified to us in detail. We have had a look What we were left by the former Labor government and reassessed each of those cases in relation to what was an absolute mess. We are committed to making a needed to happen for an assessment to be done. difference to and changing — —
Mr Donnellan — On a point of order, Speaker, on a Mr Hulls — On a point of order, Speaker, quite matter of relevance. I was specifically asking the clearly this embarrassed minister is debating the minister about 90 cases that were closed before the end question. She was asked what she personally has done of the financial year, not the 59 cases the Ombudsman in relation to these 90 cases. She is the minister, not the identified and asked DHS to review. The question was Ombudsman. specific to the 90 cases. The SPEAKER — Order! I do not uphold the point The SPEAKER — Order! The minister will return of order. to answering the question. Ms WOOLDRIDGE — As a government we are Ms WOOLDRIDGE — The context is I am trying committed to cleaning up the mess that was left to us to help the honourable member — — and protecting Victoria’s children.
Honourable members interjecting. Mr Andrews — On a further point of order, Speaker, again I put it to you that question time is not
QUESTIONS WITHOUT NOTICE
4864 ASSEMBLY Wednesday, 26 October 2011 an opportunity for the minister to run a political The government’s objective is to finalise a preferred commentary on the former government or the hotel developer and operator by mid-2012. opposition. That is not what question time is about. Respectfully I submit that to you, Speaker. This The Minister for Planning has become the responsible question was asked straight out. It was a very narrow authority for administering and enforcing the question about 90 cases and whether the minister has Murrindindi planning scheme as it relates to the reviewed them. The minister’s answer is not relevant. development site. Amendment C38 to the Murrindindi The minister is also debating the question, and that is an planning scheme was gazetted on 21 October 2011. I offence against the standing orders. This is not an take this opportunity to congratulate and thank the Shire opportunity to abuse other members of this house. I ask of Murrindindi for its cooperation and assistance in this you to call her back to answering the question she was regard. Regional Development Victoria, the asked. government’s lead economic development agency in regional and rural Victoria, has responsibility for The SPEAKER — Order! I ask the minister to delivering this magnificent and exciting project. RDV return to answering the question. The minister has will be working with other government departments completed her answer. and private property consultants on delivering the project. An external probity adviser has also been Bushfires: Marysville recovery engaged to ensure fairness and consistency in all dealings with the private sector. Ms McLEISH (Seymour) — My question is to the Deputy Premier and Minister for Bushfire Response. The government’s ultimate objective is to provide Can the Deputy Premier advise the house of how the Marysville with a conference centre capable of holding coalition government is working with the Marysville events for up to 300 people, with a large multipurpose community to create new economic activity, tourism theatrette and exhibition space. The facility will have opportunities and more local jobs following the around 80 to 120 hotel rooms, and it will represent very devastating 2009 fires? high-quality architecture and interior design that embraces the surrounding natural environment. This is Mr RYAN (Minister for Bushfire Response) — I an exciting project, and I am sure that all members of thank the member for her question. She continues to do the house will agree. It will underpin the re-emergence a wonderful job on behalf of the members of her of a thriving tourism industry in the Marysville region, communities who were devastated by the appalling and it will support a range of other ancillary tourism events of Black Saturday. The development of a major businesses. hotel and conference centre facility has been identified as a catalyst project that will stimulate economic Only today, during the course of the reception at recovery in the Marysville region subsequent to the Government House, there were many people present fires of 2009. The coalition government made an who were impacted upon by the fires, and it was election commitment of $19 million to establish a new wonderful to see Her Majesty stop and have hotel and conference centre in Marysville in partnership conversations with some of those folk. Many people, as with the private sector. we in this chamber all know, continue to suffer as a result of the awful events of that terrible day. The I am pleased to be able to tell the house that the government is looking very much to the future. The government has recently secured the ownership rights conference centre will be an integral part of the future over a strategically positioned development site located of this great region. The community centre is at 32, 34 and 42 Murchison Street, Marysville. We have approaching completion and will soon be opened. The purchased that land. The land value of the Murchison work at the golf course is being settled in terms of the Street site will be part of the state government’s dimensions of the project and its participants, and we $19 million commitment to this great project. The will have more to say about that shortly. The Lake development of the Marysville conference centre Mountain project will be opened in the not-too-distant proposal will occur in two stages. The first stage will be future. This announcement today is another absolutely an expression of interest stage. It commenced today; it important stage in the recovery of the region and also in closes on Wednesday, 30 November. The second stage looking to the future for these great communities. will be a request for proposals. Short-listed organisations from the expression of interest stage will Children: protection be requested to submit more detailed proposals. The request for proposal stage will commence in early 2012. Mr DONNELLAN (Narre Warren North) — My question is to the Minister for Community Services. I
QUESTIONS WITHOUT NOTICE
Wednesday, 26 October 2011 ASSEMBLY 4865 refer the minister to the premature closure of 59 child have done that through putting on more staff, and we protection cases in the Loddon Mallee region, and I are doing that through a revised workforce structure — ask: what action has the minister taken to review other and we will have a better equipped workforce to make regional offices of her department to ensure that they good decisions and make sure children are protected. have not prematurely closed child protection cases under her watch? Women: Australian Institute of Company Directors scholarships Ms WOOLDRIDGE (Minister for Community Services) — I thank the honourable member for his Mrs BAUER (Carrum) — My question is to the question. The cases that were closed are an important Minister for Women’s Affairs. Can the minister update part of the Ombudsman’s investigation in relation to the the house on positive steps the Baillieu government is Loddon Mallee region of the Department of Human taking to enhance the status of women in Victoria? Services. As I have mentioned, I want to comment in relation to those 59 cases. They have all been Ms WOOLDRIDGE (Minister for Women’s reassessed. Some have been closed again, some have Affairs) — I thank the member for Carrum for her been substantiated and some are still in the assessment question and for her leadership as a strong woman in and investigation stage. The reality with child her community and as a role model and as an advocate protection is that it involves a judgement call. These are and champion for others. The Baillieu government is people making very difficult decisions — — committed to both promoting and enhancing the role of women in Victoria and also to celebrating the Mr Hulls — On a point of order, I do not know if contribution women make in our community. We know the minister is deliberately misinterpreting the question there is still a lot more work to do in terms of enhancing or did not hear it, but she is now clearly debating the the status of women — for example, we seem still to be question. The question was about the action she has making slow progress in relation to the number of taken in relation to other regional offices to ensure that women represented in executive roles and board roles the practices at Loddon Mallee have not been in many of our companies across the state. happening at those other offices. According to the latest Australian Institute of Company The SPEAKER — Order! I do not uphold the point Directors figures, women hold 12.5 per cent of board of order on the basis that the answer was relevant to the positions, 8 per cent of executive management roles and question that was asked. 4 per cent of line management positions in the top 200 ASX companies. For a long time we have argued Ms WOOLDRIDGE — This is really important for gender equity on those bases and on social terms, work to ensure that our workforce has the skills, but we also have more evidence in relation to the capacity and resources to be able to make these very economic arguments for having women in these senior difficult decisions at the intake and assessment stage in roles. Recent McKinsey research shows that on things relation to what is happening with families. In like return on equity and earnings before interest and recommendation 2 the Ombudsman called on us to tax, companies that have a higher share of women ‘implement an ongoing audit program in each region to executives significantly outperform companies that do review the appropriateness of decision making in intake not. units’. We have accepted that recommendation. This report was tabled yesterday, and in the 24 hours that I The same research also shows that women have a have had since the report was tabled we have already tendency not to promote themselves. I thought this commenced that process. issue would be of interest to this house because it is so important, and it is disappointing that we are seeing so I am very pleased that we are committing to every little respect in relation to these important issues from recommendation that the Ombudsman makes in members on the other side. The Baillieu government is relation to this, including one relating directly to the committed to helping women increase their skills and question. That makes sure that the issues and challenges therefore also their confidence in putting themselves the Ombudsman has identified in the Loddon Mallee forward for board and senior positions. region are also dealt with right throughout the state. This is work that is under way and ongoing, and the Mr Noonan interjected. most important thing we can do is the work we are doing to assist the members of our workforce, who The SPEAKER — Order! The member for have to make these decisions every day, to have the Williamstown is on a warning. training, the support and the oversight they need. We
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4866 ASSEMBLY Wednesday, 26 October 2011
Ms WOOLDRIDGE — I was pleased to announce accepted that there need to be far higher standards in last week a new partnership between the Australian relation to rooming houses. The member should be Institute of Company Directors and the Victorian aware that the Baillieu government has issued a government to increase women’s capacity to be regulatory impact statement to provide for 11 standards effective and high-impact directors. Thirty-four for rooming houses. We are going through that scholarships will be available to women to undertake process — — the highly regarded company directors course offered by the Australian Institute of Company Directors. The Mr Wynne interjected. scholarships will be open to women throughout Victoria who are currently members of a board of a The SPEAKER — Order! The member for government-funded, non-profit organisation. Richmond will not get an answer by interjecting.
These new scholarships will deepen the capacity of Mr O’BRIEN — We are currently going through women to be good directors in their current roles; they that regulatory impact statement process with the goal will also open up other directorships in for-profit and of implementing higher standards for rooming houses. non-profit companies across the state. The partnership As recently as Monday afternoon the Minister for will also strengthen the community organisation on Housing and I were in a meeting with the Victorian which they serve in times of increasing demand, Council of Social Service to discuss a number of issues increasing complexity and increasing requirements for about this. Consumer Affairs Victoria has also been good governance and accountability. very proactive in tackling the sorts of landlords that the member for Albert Park was talking about. Mr Andrews interjected. Mr Hulls — On a point of order, Speaker, at the risk The SPEAKER — Order! We do not need the of insulting the minister, I do have a handkerchief for ongoing commentary from the Leader of the him if he starts crying — the sook. Opposition. The SPEAKER — Order! The member will state Ms WOOLDRIDGE — I thank the Australian his point of order or I will sit him down. Institute of Company Directors for its partnership. We were also very pleased to announce this week the Mr Hulls — The minister is clearly debating the calling of nominations for the Victorian Women’s question. He was asked about licensing. Without Honour Roll for 2012. This is an opportunity for all insulting him, I ask that you, Speaker, bring him back Victorians to promote and nominate inspirational to the question. women and to recognise them. The honour roll The SPEAKER — Order! I do not uphold the point recognises both high-profile women and our unsung of order raised by the member for Niddrie. heroes. This year’s nominees will join 478 women recognised over the previous 10 years. I have put out a Mr O’BRIEN — The question was about what the press release to publicise this call for nominations. I coalition government is doing to raise the standards of would welcome any member who may choose to do so rooming houses. We are going to be implementing using part or all of the release to promote the honour higher standards. roll. The Baillieu government is committed to promoting women in this state. Mr Wynne — On a point of order, Speaker — — Rooming houses: regulation Mr Hodgett interjected.
Mr FOLEY (Albert Park) — My question is to the The SPEAKER — Order! The member for Kilsyth Minister for Consumer Affairs. Does the minister is on a warning. support the government’s decision to reject the rooming house standards task force recommendation of Mr Wynne — Are you still getting your three pays? establishing a licensing regime, thus allowing slum Speaker, with respect, the minister is debating the landlords to continue exploiting vulnerable families and question. This was a specific question that related to the children? recommendations of the rooming house task force chaired by the member for Albert Park, which relates to Mr O’BRIEN (Minister for Consumer Affairs) — I the Business Licensing Authority Victoria, which is thank the member for Albert Park for his question, directly within the control of the Minister for Consumer misguided as it is. The coalition government has Affairs, and his preparedness to enact those
QUESTIONS WITHOUT NOTICE
Wednesday, 26 October 2011 ASSEMBLY 4867 recommendations. I ask you to get him to come back to Honour Roll, the first initiative of its kind in Australia. answering the specifics of the question. We all know that reconciliation begins with respect and recognition. I am pleased to advise the house that the The SPEAKER — Order! I do not uphold the point coalition government is delivering on its election of order. I believe the minister’s answer was relevant to promise to recognise indigenous success and the question that was asked. achievement through the establishment of the honour roll. Mr O’BRIEN — I was referring to the activity that Consumer Affairs Victoria is taking against rogue I can advise that I have appointed an honour roll landlords in relation to rooming houses to ensure that advisory panel comprised of six highly respected the laws are actually enforced. In August this year Aboriginal Victorians and that the members of the Consumer Affairs Victoria successfully obtained an panel share our enthusiasm for the honour roll. As I injunction in the Supreme Court against Betta Housing said, this is the first of its kind in Australia, and other Pty Ltd requiring that it must employ a licensed agent states are looking to see how it is established with a to manage its properties. The Tenants Union of Victoria view to copying the concept. The panel members are has praised the work of this government and Consumer Joy Murphy Wandin, a respected Wurundjeri elder; Affairs Victoria in relation to enforcing the laws against Vicki Clark Walker, co-chair of Reconciliation rogue rooming house operators, something that the Victoria; Tim Kanoa, coordinator of the Victorian former government dropped the ball on over 11 long Indigenous Youth Advisory Council; Jason Mifsud, the years. This government is determined to actually raise AFL’s community engagement manager; Belinda the standards, enforce the laws and make sure those Duarte, executive director of Korin Gamadji Institute; people are better protected than they ever were in the and Daphne Yarram, a recipient of an indigenous former government’s 11 years in office. leadership fellowship.
Mr Foley — My point of order, Speaker, relates to a The advisory panel has now met twice to consider the number of grounds under standing orders. The first is applications and to look at nominations. I can update one of relevance, whereby the minister seems to be the house by advising that on 24 October I met with the misunderstanding the nature of the question. He is indigenous honour roll panel to get a firsthand account responding in his answer on the issue of standards; the of the number of applications and how their question related to the licensing of agencies of the deliberations are progressing. The panel members told particular rogue landlords. The second point on which I me that there are many examples of remarkable raise the point of order is one of debating the question. leadership with contributions in a number of fields, The minister was clearly going down the path of ranging from business to community service, sport and reflecting on the performance of the government that service provision. There are also many indigenous introduced the standards and the licensing regime people who make great contributions. They do so which this minister refuses to bring to bear. without any fuss, and they are not known to many outside their own communities. Many of them have The SPEAKER — Order! The minister has worked quietly and tirelessly for their families and concluded his answer. communities without the expectation of recognition or Victorian Indigenous Honour Roll: acknowledgement. establishment The coalition government believes it is important that we recognise and celebrate indigenous Victorians who Mr MORRIS (Mornington) — My question is to have made significant contributions. It is important that the Minister for Aboriginal Affairs. Can the minister their work be acknowledged so that all Victorians learn update the house on the status of the indigenous honour about our remarkable and exceptional Aboriginal roll? Victorians and that future generations of indigenous Mrs POWELL (Minister for Aboriginal Affairs) — and non-indigenous Victorians will be aware of these I thank the member for Mornington for his question. I outstanding role models. I thank the panel members for also acknowledge the great work he does for the local their commitment and support, and I am confident they Aboriginal community. The Victorian coalition will make wise choices. government is committed to closing the gap on On Thursday, 24 March, as part of the re-signing of the indigenous disadvantage and fostering and developing government’s commitment to closing the gap, the reconciliation. The 2011–12 budget provided $480 000 Premier announced the release of the discussion paper over four years to establish the Victorian Indigenous on the operation of the Victorian Indigenous Honour
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4868 ASSEMBLY Wednesday, 26 October 2011
Roll. On Monday, 30 May, when the Premier Ms Allan interjected. announced the opening of nominations for the indigenous honour roll, he took the opportunity to The SPEAKER — Order! The member for present the first two nominations on the roll. These Bendigo East has asked her question. were nominations of two very well-known and very well-respected indigenous elders, William Barak and Mr RYAN — I welcome any press releases which Sir Douglas Nicholls. Nominations for the honour roll may yet be issued welcoming this recent have now closed, and I am pleased to advise that announcement, to which the member now refers. I 44 nominations were received. Additionally there are recently went to the electorate of Rodney with the 33 female indigenous Victorians on the Victorian member — a great local member — to make this Honour Roll of Women who are eligible for announcement. It is an announcement which I believe consideration, three of whom have already been will do an enormous amount not only to grow local included in the 44 nominations received. industry and enterprise but, very importantly, to grow local employment. I had the pleasure of being in the The panel members have told me that they are excited company of the local member and those associated with by the challenge of recommending the first inductees to the development of this important project. be recognised on the honour roll and are really pleased to be able to put those role models and mentors onto a What the project will achieve is the production of roll for all Victorians and all Australians to see. Plans biodiesel in the way in which the member has broadly are under way for a gala event in early 2012, and I outlined this evening. There is no question that the expect that this will become an important annual event substantive part of the biodiesel which is going to be on the indigenous calendar and also hopefully on the produced as a result of what the proponents of this non-indigenous calendar. scheme are intending to do is going to be used in the community generally as well as in the proponents’ own Biofuel: Madowla Park project enterprises. There is no question that there will be a shared usage in that sense of the material which is Ms ALLAN (Bendigo East) — My question is to produced. the Minister for Regional and Rural Development. I refer the minister — — The great thing about this is that it is another example of a government that is interested in partnering Mr Walsh interjected. communities and making sure that it helps and participates with the proponents for innovative Ms ALLAN — You are so funny! I have got a file programs so that we can continue to grow these on you, Walshie, don’t you worry. communities and the projects with which they are directly associated. I might say also that this is a great My question is to the Minister for Regional and Rural example of an application of our $1 billion Regional Development. I refer the minister to the $500 000 grant Growth Fund. he recently announced towards the $1.3 million Madowla Park integrated bioenergy project that he said We are very pleased that through the investment of will produce 1.5 million litres of biodiesel. I ask: can these funds we will see another initiative which we the minister give a guarantee that the fuel that will be hope will be able to flourish. We understand and accept produced as a result of this grant will flow into the local that when funds are contributed to these programs they fuel supply and increase fuel competition for regional are subject to careful consideration by the department, Victorians? and that is happening in this instance. We anticipate success for this project, as we always hope will be the Mr RYAN (Minister for Regional and Rural case. The same applied under our predecessors. We are Development) — I thank the member for what I think very pleased to have supported this project. We wish it is her first question to me about matters regarding well. I did so at the time, and I do so again. regional development. Racing: Bendigo Cup Ms Allan — Be careful what you wish for. Mr BATTIN (Gembrook) — My question is to the Mr RYAN — Be careful what I wish for, interjected Minister for Racing. Can the minister advise the house the member. I am delighted to say that in recent press whether the coalition government’s policy to extend the releases I have been able to make a number of distance of the Bendigo Cup has been a success? announcements which have been supported by a wide range of people in our community.
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Wednesday, 26 October 2011 ASSEMBLY 4869
Dr NAPTHINE (Minister for Racing) — I thank The race itself was won by Tanby, which is owned by the member for Gembrook for his question and for his Lloyd and Nick Williams and which finished second interest in the racing industry and the contribution it earlier in the Geelong Cup. makes to jobs and the economy in this great state. I am pleased to advise the house that today’s Bendigo Cup, Honourable members interjecting. which I had the pleasure of attending, was an enormous success. This success was a tribute to the great work of The SPEAKER — Order! The member for the Bendigo Jockey Club committee, headed by its Footscray is on a warning. enthusiastic chairman, Brendan Drechsler, and CEO, Dr NAPTHINE — The member for Bendigo East, Ian Hart. It was also a tribute to the successful who obviously is not interested in her own cup, asked implementation of another terrific Liberal-Nationals who came second. The horse that came second was the policy that delivers for regional and rural Victoria. fast-finishing At First Sight, which is also owned by the In the coalition’s racing policy for the last election we Williams family and which had an outstanding committed to working with the Bendigo Jockey Club to Melbourne Cup run-up. extend the Bendigo Cup from 2200 metres to Honourable members interjecting. 2400 metres to make this great regional race a Melbourne Cup qualifying race. This policy was The SPEAKER — Order! I am not going to ask the implemented by Racing Victoria, and this attracted a house to come to order again. The next member who top-quality field to the Bendigo Cup, including yells out or interjects will be sent out without further internationals such as Sahara Sun, trained by Luca warning. Cumani — and it was great to see Luca and Francesca Cumani at the Bendigo Cup today — and the Irish Dr NAPTHINE — While the Queen was unable to horse, At First Sight, which is part of the Williams attend, I am sure she would be pleased that a horse team, and Nick Williams was at the cup today. There named Balmoral won race 7 at Bendigo today. I would were two horses from the Gai Waterhouse stable. It was like to congratulate the Bendigo Jockey Club, the City great to see the queen of cups, Gai Waterhouse, at of Bendigo and the well-behaved, enthusiastic crowd. Bendigo today. It shows her commitment to the This great event was a tribute to the implementation of Bendigo Cup at this new distance. Bart Cummings, the another coalition policy, which shows how the coalition cups king, was at Bendigo today. He had Cosmonaut in works with regional communities and with the racing the field. industry to deliver positive outcomes for regional and rural Victoria. The crowd was in excess of 10 000 people. Brendan Drechsler said they had to put in 10 additional workstations to cater for the extra media representatives INDEPENDENT BROAD-BASED who were demanding to be there. There were six to ANTI-CORRUPTION COMMISSION BILL eight helicopters flying patrons into the event, because 2011 it is such a great and popular event. Introduction and first reading Honourable members interjecting. Mr McINTOSH (Minister responsible for the The SPEAKER — Order! I ask the house to come establishment of an anti-corruption commission) — I to order. I ask members to be quiet and to listen to the move: answer that is being given by the Minister for Racing. That I have leave to bring in a bill for an act to establish the Honourable members interjecting. Independent Broad-based Anti-corruption Commission, to amend the Parliamentary Committees Act 2003 and certain The SPEAKER — Order! The member for other acts, and for other purposes. Geelong is on a warning. Ms HENNESSY (Altona) — I ask the minister for a Dr NAPTHINE — Extending the distance of the brief explanation of the bill. Bendigo Cup has turned it into a truly international Mr McINTOSH — I can certainly understand why event, making Bendigo and the Bendigo Cup centres of the member would want an explanation, given that the attention in the lead-up to the Victoria Racing Club former government had 11 years to do something like Melbourne Cup carnival next week. this and could not do it.
VICTORIAN INSPECTORATE BILL 2011
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The bill will establish the broadbased anticorruption PETITIONS commission — — Following petitions presented to house: Honourable members interjecting. Puppy farms: abolition Ms Hennessy — On a point of order, Speaker, given that this minister has had over three years to get his act To the Legislative Assembly of Victoria: together on the implementation of this policy, and given The petition of the residents of Victoria brings to the attention that he is the so-called Leader of the House, I ask that of the house the hidden industry behind the pet shop window. you direct him back to giving us a brief explanation of his delayed bill. Puppy factories farm puppies and sell them to pet shops and trade them online. The dogs are often kept in cramped, filthy The SPEAKER — Order! There is no point of conditions for their entire lives and their behavioural needs are never met. The dogs not only suffer physically but are order. psychologically traumatised due to confinement and constant breeding; when they are no longer able to breed they are Mr McINTOSH — This bill establishes the killed and replaced. Independent Broad-based Anti-corruption Commission and enables the appointment of a commissioner and The petitioners therefore request that the Legislative Assembly of Victoria support Oscar’s law and abolish puppy indeed allows, uniquely for this state, a joint factories and ban the sale of factory-farmed companion parliamentary committee to oversee the commission. animals from pet shops and online. Motion agreed to. By Mr WAKELING (Ferntree Gully) (47 signatures). Read first time. Puffing Billy: funding VICTORIAN INSPECTORATE BILL 2011 To the Legislative Assembly of Victoria: This petition of certain citizens of the state of Victoria draws Introduction and first reading to the attention of the Legislative Assembly the need for an additional $15 million funding to support the Puffing Billy Mr McINTOSH (Minister responsible for the historic rail line. establishment of an anti-corruption commission) — I move: In particular, we note:
That I have leave to bring in a bill for an act to establish the 1. it is a popular and iconic tourist attraction, carrying more Victorian Inspectorate to provide oversight of the than 250 000 people each year; Independent Broad-based Anti-corruption Commission, to amend certain acts and for other purposes. 2. the rail line enjoys huge community support, with hundreds of volunteers offering their time to support the Ms HENNESSY (Altona) — I ask that the minister rail line; provide a brief explanation of the bill. 3. Puffing Billy supports hundreds of local jobs, many local businesses and delivers a regional economic Mr McINTOSH — This bill establishes the benefit of $23 million per year. Victorian Inspectorate to oversee the Independent Broad-based Anti-corruption Commission, another The petitioners therefore request that the Baillieu government immediately commit the $15 million needed to ensure the rail form of oversight that will dramatically improve line’s survival. oversight measures in relation to the anti-corruption commission and indeed the anticorruption regime in By Mr MERLINO (Monbulk) (580 signatures). this state. Casey Hospital: funding Motion agreed to. To the Legislative Assembly of Victoria: Read first time. The petition of certain citizens of the state of Victoria draws to the attention of the house the Baillieu government’s election promise to fix Victoria’s health system.
In particular we note:
growing demand on Casey Hospital’s services is straining resources yet no additional funding was allocated in the state budget;
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Wednesday, 26 October 2011 ASSEMBLY 4871
the Baillieu government is delaying and abandoning By Ms GREEN (Yan Yean) (34 signatures). hospital projects across Victoria. Tabled. The petitioners therefore request that the Legislative Assembly urges the Baillieu government to properly fund Victoria’s hospitals, including the Casey Hospital. Ordered that petition presented by honourable member for Narre Warren South be considered By Ms GRALEY (Narre Warren South) next day on motion of Ms GRALEY (Narre Warren (120 signatures). South).
Schools: Doreen Ordered that petition presented by honourable member for Ferntree Gully be considered next day To the Legislative Assembly of Victoria: on motion of Mr WAKELING (Ferntree Gully). The petition of certain citizens of the state of Victoria draws to the attention of the house the rapid increase in families Ordered that petition presented by honourable moving to Doreen and Mernda, suburbs of northern member for Monbulk be considered next day on metropolitan Melbourne. motion of Mr MERLINO (Monbulk). In particular, we note:
1. there are now almost 1000 students enrolled at DOCUMENTS government primary schools in Mernda and Doreen, with that figure set to increase in the years to come; Tabled by Clerk:
2. there are no government secondary colleges in Mernda Auditor-General: or Doreen; Procurement Practices in the Health Sector — Ordered 3. land has been purchased by the previous Labor to be printed government for a secondary college to be built in Cookes Road, Doreen. TAFE Governance — Ordered to be printed
The petitioners therefore request that the Legislative Financial Management Act 1994: Assembly urges the Baillieu government to urgently fund the building of a secondary college in Doreen. Report from the Minister for Environment and Climate Change that he had received the Report 2010–11 of the By Ms GREEN (Yan Yean) (16 signatures). Commissioner for Environmental Sustainability Report from the Minister for Finance that he had Children: Take a Break program received the Report 2010–11 of VicFleet Pty Ltd
To the Legislative Assembly of Victoria: Health, Department of — Report 2010–11
The petition of the following residents of Victoria draws to Melbourne Convention and Exhibition Trust — the attention of the house that funding for the Take a Break Report 2010–11 occasional child-care program, which is provided at more than 220 neighbourhood houses and community centres National Parks Act 1975 — Report 2010–11 on the working across Victoria, will cease after 31 December 2011. of the Act
The Take a Break occasional child-care program allows Professional Standards Council — Report 2010–11 (two parents and guardians to participate in activities, including documents) employment, study, recreational classes and voluntary community activities, while their children socialise and Public Prosecutions — Director, Committee and Office — interact with other children in an early-learning environment. Report 2010–11
Full funding for the program was provided by the previous Royal Botanic Gardens Board — Report 2010–11 state Labor government but will not be continued by the Baillieu government beyond December 2011. Statutory Rule under the Transport (Compliance and Miscellaneous) Act 1983 — SR 114 The cut to funding will mean that families across Victoria will be unable to access affordable, community-based occasional Subordinate Legislation Act 1994 — Documents under s 15 child-care to undertake tasks that benefit the family and allow in relation to Statutory Rule 114 them to take a break. Trust for Nature (Victoria) — Report 2010–11 The petitioners therefore request that the Legislative Assembly of Victoria urgently calls on the Baillieu government to reinstate funding for the Take a Break occasional child-care program.
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APPROPRIATION MESSAGES Bank through the Schools First seed funding awards. The funds were awarded to the Albury Wodonga Message read recommending appropriation for Community College for its youth re-engagement Public Interest Monitor Bill 2011. project, which was run in partnership with YES Youth and Family Services. Offering an alternative to mainstream education, the partnership was formed to MEMBERS STATEMENTS support students who have become disengaged from education and provide other pathways. These students Whittlesea City Little Athletics Centre often lack the basic skills necessary for success with Ms HALFPENNY (Thomastown) — On Saturday traditional education and are ill prepared to cope with morning I was very pleased to attend the Whittlesea the demands of the workplace and life in the wider City Little Athletics Centre opening ceremony for the community. 2011–12 season. The centre is based at the very fine Albury Wodonga Community College is one of facility of Meadowglen International Athletics Stadium 50 schools around Australia to have been awarded this and is made up of a number of little athletics clubs from funding. It is wonderful to see the community the local suburbs of Lalor, Thomastown, Epping, Mill partnerships in education, and I congratulate all Park and South Morang. Unfortunately the athletic involved, particularly Mr Rodney Wangman and all his events were called off due to inclement weather, but we staff. all enjoyed ourselves with interesting conversation, a nice morning tea and lots of laughing. Sergeant Ceryn Campbell
As I travel around the Thomastown electorate it never Mr TILLEY — On another matter, I refer to ceases to amaze me how active and community minded Sergeant Ceryn Campbell. Sergeant Campbell arrived so many residents are. These are people who want to at the Wodonga police station in 1975. Wodonga had make their communities, the places they live and work never had female police members before that, and of in, better places not only for themselves but for others course she became the talk of the town. Sergeant as well. Many committee members and other Campbell’s focus was community policing. She ran the volunteers at the clubs have grown-up children who no Wodonga Blue Light disco for 18 years. Her longer participate, yet they still make big contributions contribution to the Wodonga community has been to the clubs. invaluable. Her support of other police members has been significant, and her exemplary work ethic and Congratulations to life members who attended and the dedication to the community and Victoria Police are president, Phil Atkins, the secretary, Cheryl Duff, and irreplaceable. After 37 years as a member of Victoria the treasurer, Debbie Cook, all of whom I met on the Police, Sergeant Campbell retired last week. I thank her day. Brittany Kelly was the holder of the club’s high for her leadership during my time and career as a jump record. She stands with people like Anthony member of the police force at the Wodonga police Koutoufides, the former Carlton football player, who station. was also a little athletics record holder at the club when he was growing up in Lalor. Peter Gelo
The Whittlesea City Little Athletics Centre teams Ms KAIROUZ (Kororoit) — I would like to wish encapsulate so much of what is great in the the best of luck to a local ALP branch member in my Thomastown electorate. There are so many groups of area as he contests a seat in the Croatian parliamentary people having a good time and contributing to making elections in December this year. Peter Gelo has been a the community thrive. There are four or five clubs that long-serving and loyal party member since he joined share the space at the Meadowglen International the ALP almost 20 years ago. In his time in the party Athletics Stadium, and they work well together for the Peter has served on many ALP policy committees interests of all. contributing to the party platform, and as a long-time Albury Wodonga Community College: Schools state conference delegate from Maribyrnong he has contributed to debate at conferences. First funding Over the years Peter has tirelessly organised and Mr TILLEY (Benambra) — On 20 October I had manned the St Albans East Primary School booth at the pleasure of attending a ceremony at which the both state and federal elections, something for which I Albury Wodonga Community College was presented am personally indebted to him since my election as with a cheque for $25 000 from the National Australia
MEMBERS STATEMENTS
Wednesday, 26 October 2011 ASSEMBLY 4873 member for Kororoit in 2008. Peter has been awarded a Threadgold for her outstanding work and contribution Victorian Multicultural Commission award for to the performance, along with the president Carolyn excellence for his services to members of the Croatian Brown and committee members Helga Anderson, community, and he continues to serve them through his Gudrun Gawantka, Ruth Ewart, Deidre Lynch, Roy involvement with the Croatian community radio Seager, Shirley Bean, Yvonne Beacall, Leanne Cutler, program on 3ZZZ. Peter also serves the community, Anne Slykhuis and her husband, Dolph Slykhuis. The especially Croatian-Australians, in his role as a justice friends have done a magnificent job in preserving the of the peace. heritage of Black Rock House, the holiday home of Victoria’s first Auditor-General and an inaugural As president of the St Albans East branch of the ALP, member of this place. Peter puts in many hours of service to the party and members in the St Albans area. I know I am not alone St Joseph’s Primary School, Brunswick West: in wishing him the best of success. We are all behind centenary him. Sretno, Peter! Ms GARRETT (Brunswick) — I rise to Turkey: earthquake congratulate St Joseph’s Primary School in Brunswick West on the centenary of the school and its vibrant and Ms KAIROUZ — On another matter, I also rise caring school community. I was delighted to attend two today to grieve for the hundreds of Turkish citizens significant events this month to mark this important who are dead or missing as a result of the disastrous milestone, the first being a formal dinner dance for past earthquake last Sunday. I represent a sizable Turkish and present students held on 14 October, which was community in the electorate of Kororoit and have many followed the next day by a commemorative mass at friends of Turkish descent; this is a significant tragedy St Joseph’s Church in Melville Road. The St Joseph’s that has affected both my constituents and friends. I parish community began in February 1911 with the hope the Australian government can be generous in the construction of the church and school buildings. The aid and assistance it provides to the Turkish people in current church was built in 1918. From this time the this difficult time if it is required. school grew rapidly, supporting a vibrant working-class community and reflecting the rich multicultural suburb Australian Hellenic Memorial: in which it is located. It is from this strong and rich 10th anniversary history that the heart and soul of this diverse and inclusive school community has flourished. Mr THOMPSON (Sandringham) — On Sunday, 25 September 2011 the Australian Hellenic Memorial The school currently has an enrolment of Committee, guests and friends marked the approximately 280 students and receives really terrific 10th anniversary of the Australian Hellenic Memorial, support from the school board, parents and friends, which was built in memory of Australian Hellenic men fundraising and canteen staff. This all adds up to a and women who fought and died in the Second World community that just loves its school, which you can see War. I pay tribute to those people who had the vision on the faces of the parents and friends. The celebratory and the organisational skills to draw it together, dinner was a huge success, with everyone done up to including Pantelis Kalimnakis, Antonis Tsourdalakis, the nines. It was a great dance, and the commemorative Peter Andrinopoulos, Frank Milner, Steve Kyritsis, mass was a very special occasion at which I was Brigadier Keith Rossi, Kosta Katsambanis, Alan grateful to speak. I would like to place on the record the Ferrari, Ivor White and Lucky Kayalicos. I also gratitude I know many in the community feel towards acknowledge the ongoing contributions of many of the teachers, parents and administrators of the school, those members, some of whom are unfortunately particularly principal Genevieve Moss and Father deceased, together with the good work of new board Patrick Harvey for his much-loved and respected members including Galatia Samarias, Emanouel leadership. Starakis, Emanuel Karvelas, Minelaos Anagnostou and Paul Sougleris. Melbourne Prayer Breakfast
Black Rock House: 155th anniversary Mr SHAW (Frankston) — I attended the annual Melbourne Prayer Breakfast that was held this month Mr THOMPSON — The Friends of Black Rock with a former cabinet member in the United Kingdom House recently presented a 155th anniversary tribute to Parliament, Jonathan Aitken, as guest speaker. This Black Rock House with a presentation of the Jewel by breakfast is attended by around 1000 people and was the Sea. I congratulate writer and director Cheryl started in 1984 to bring together leaders in politics,
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4874 ASSEMBLY Wednesday, 26 October 2011 business, commerce, industry and other members of the The SPEAKER — Order! The member’s time has general community to encourage and pray for our expired. nation, our leaders and our people. Victorian volunteer small grants program: Greater Frankston Business Chamber: closure business expo Mr LIM (Clayton) — I wish to draw to the attention Mr SHAW — I attended the Greater Frankston of the house that this government has scrapped the Business Chamber annual expo the Sunday before last. Victorian volunteer small grants funding program Over 50 exhibitors showcased their offerings to other without any notice or consultation with stakeholders. businesses and members of the community. A great This funding program was introduced by the Bracks effort was made by all involved. and Brumby Labor governments and was aimed at attracting volunteers from diverse ethnic and cultural OzChild: nurturing day for carers backgrounds to the wonderful world of volunteering. Over the years community groups, including Mr SHAW — OzChild recently held its annual non-migrant groups, have benefited significantly from nurturing day for carers. OzChild places babies and this program by applying to the Department of Planning children of all ages into safe temporary and permanent and Community Development. accommodation. Consistently these children come from the most socially and psychologically damaging As late as April this year government MPs and environments. OzChild’s motto is that ‘Every child ministers were still singing the praises of this program deserves the chance to shine’. I thank the carers for and calling on community groups to apply. A number their support — a number of them have been taking of my local community groups responded to those calls kids into their homes for over 20 years. and tried to obtain application forms from the official website. From mid-June community groups noticed Frankston electorate: student leaders that the program just disappeared from the website. The government did not even have the courtesy or decency Mr SHAW — The last of six year 12 leaders to inform people that it had scrapped this funding. A meetings was held at my old school, John Paul College. cruel joke indeed! I congratulate all the schools involved for their new insights on how other schools operate and friendships As part of Labor’s A Fairer Victoria program, this are made. I wish them all the best for their upcoming program was allocated $3 million for three years on an final exams. ongoing basis, with no closing dates for applications. It was very well received and popular among small Lakewood child care centre: closure community groups, especially migrant groups, because Mr SHAW — A number of concerned parents and they could take time to apply and were not under residents of Lakewood have contacted me regarding the pressure to meet a closing date. This house should be outraged and concerned that our volunteers and closure by Frankston City Council of the Lakewood voluntary community groups are being disadvantaged child care centre. The council decided to close this and discriminated against by this government’s facility without public consultation and behind closed insensitive and heartless scrapping of this funding doors, and with only eight weeks of the year to go residents are fuming. This important facility services program and should demand that this program be restored as a matter of priority and urgency. the family area of Lakewood, and I implore the council to consult with its high rate paying residents and listen Relay for Life: Echuca-Moama to their concerns. Mr WELLER (Rodney) — I would like to take this Frankston District Tigersharks: presentations opportunity to congratulate the community of Echuca-Moama for so generously embracing and Mr SHAW — I attended the Frankston District supporting this year’s Relay for Life event, which was Tigersharks presentation night. This great veterans club held at the weekend. More than 600 people from has three teams — over-35s, over-40s and over-47s. I congratulate our over-35s coach, Matt Shaw, who won 28 teams participated in the eighth Echuca-Moama Relay for Life, raising $107 059 for the Cancer Council the best and fairest, and Steve Shaw, who was runner Victoria. Through the tireless work of the volunteer up — no relation — — committee, the event has grown from strength to strength since it was first held in Echuca in 2004. I have
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Wednesday, 26 October 2011 ASSEMBLY 4875 been privileged to take part in a number of different former student of this great school and as a keen capacities, including team member and relay patron. supporter of the arts. Exhibited at the show was the very best work of the design and technology, and visual For those members who have not experienced Relay for arts students. The students’ work was simply Life for themselves, it is more than just a fundraising outstanding, and the hall was packed with proud parents event. It is the coming together of a community — and friends. Congratulations to principal Bernard men, women and children — for a common cause. The Dobson; the head of visual arts, Benjamin Brice, and event itself is powerful, emotional and confronting. For Amy Muratore from his team; Colin Johnson, head of some it signifies a time for remembrance and healing. technology; and most importantly visual arts prefect For others it signifies a time to celebrate life. Perhaps Tessa Van Eckelen and all the other gifted students who the most poignant part of the Relay for Life is the produced these incredible works. I encourage them to evening candle-lighting ceremony to remember those continue on their creative and inspirational paths. who have lost their lives to cancer and those who are still fighting the disease. Candles in bags circle the oval, Alexandra: community reading day many with messages about loved ones who have died or those bravely fighting cancer. Yes, there is sadness, Ms McLEISH (Seymour) — Reading is a but overall the atmosphere is one of hope and gratitude: wonderful leisure activity which can open up new hope that through important events like this we may worlds for us. Whether it be through the creation of a one day be able to find a cure for this terrible illness and vivid imagination or by gaining access to new gratitude for all the goodness in life — our health, our information and ideas, reading can certainly broaden friends and our family. our scope. We know it is good to read to our children and to have our children learn to read keenly and Sherbrooke Community School: building independently. The benefits of reading are well known, program and it is one of life’s key skills. It helps with basic speech skills, communication and logical thinking and Mr MERLINO — On Monday I was delighted to can enhance concentration and discipline. officially open Sherbrooke Community School’s outstanding new primary building or, as it has already Recently I had the pleasure of volunteering with my been affectionately nicknamed, Little Land. This new federal colleague Sophie Mirabella at this year’s Early building, constructed through the federal Labor Learning is Fun (ELF) community reading day in the government’s Building the Education Revolution main street of Alexandra. The day was colourful, with program, has transformed primary education at this many volunteer readers and children wearing costumes terrific P–12 school. The BER was an important of their favourite book characters. Reading Five Green component of the federal government’s $42 billion and Speckled Frogs I was equipped with appropriate economic stimulus plan to boost economic activity and props and actions. It is pleasing to know that the simple support jobs as the nation dealt with the global financial concept of ELF actually originated in Alexandra in crisis. It provided a massive boost to education that will 2003. At the time, teachers in the area identified that a leave a positive legacy for decades. large number of children who were beginning school did not have the basics required to build literacy. It is not an exaggeration to say that the primary students Working with Berry Street, an innovative method of at Sherbrooke today enjoy the best facilities and tackling literacy in a fun way was developed for educational opportunities in the history of the school. I children. know principal Anne Broadribb, the teachers and students are delighted with the new building and the The success of this program is terrific. It now runs beautiful butterfly garden. At the opening we were also across the state in both country and city areas and has delighted to be entertained by some of the school’s even extended into the Karen and Sudanese talented singers. Tonight Sherbrooke is launching the communities. David Hall and the many other staff at latest CD of 14 original songs titled The Journey. Berry Street in Alexandra, the teachers and students of Congratulations to music teacher Luciano Menolascina the Cathedral cluster, volunteers, community members and his talented students on a great achievement. and local businesses are to be commended on their efforts over a long period of time, in particular for their Mount Lilydale Mercy College: art show enthusiasm and involvement in the recent — —
Mr MERLINO — On Monday night I was proud to The SPEAKER — Time! open the Mount Lilydale Mercy College year 7 to year 11 art show. I was delighted to be there both as a
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4876 ASSEMBLY Wednesday, 26 October 2011
Narre Warren South electorate: student closely followed by Berwick. Some may claim it was leadership rigged, as Cockatoo was the only team that got to practise on grass rinks before coming here. Ms GRALEY (Narre Warren South) — Each year I present my Community Spirit and Leadership award to Emerald Community House one grade 4 student from each primary school in the Narre Warren South electorate. Teachers select as Mr BATTIN — I would like to encourage all the award winners those who are regarded as having the staff and volunteers at the Emerald Community House, potential to play a future leadership role in our who continue to amaze me with the work they put in community and who display a range of qualities, each and every week. I encourage all members to look including being considerate of others, civic-mindedness up the Go List to see how this local initiative can help and initiative. Debbie Cusack, assistant principal of their communities in the event of fire or floods. Just log Berwick Lodge Primary School, nominated Kaitlyn on to thegolist.org.au. It is a great example of Stones and said that Kaitlyn has been a committed communities helping communities. member of the J Rock team and is always thinking of ways to improve the school environment. The teachers George Harmon at St Kevin’s Primary School could not decide on just Mr BATTIN — As we approach difficult times one student to receive my award. There were three very with much uncertainty in the world economy, I deserving students. Well done to Anna Andronis, Sarah encourage business owners to step back and review Fahey and Gianmarco Hernandez. their businesses to ensure that all is going as best as it The teachers at Berwick Fields Primary School can. George Harmon in Belgrave is making sure that nominated Aidan Radley, describing him as a friendly traders in Belgrave are doing this, and he is and enthusiastic member of the class who gets along encouraging members of the local traders association to well with others while demonstrating excellent work together to prepare for the future. Never forget leadership skills through his thoughtfulness when that local shops are like muscles — use them or lose working with others. Luke McKigney from Coral Park them. Primary School was nominated by his teacher, Solange National Bandanna Day Nancarrow, who said that Luke has a wide range of friends who look to him for support and assistance both Mr BATTIN — I direct the attention of the house to in the classroom and outside. Their fellow award National Bandanna Day on Friday, 28 October. This winners included: Eden Brehaut and Jarryd Barker important event raises money for and an awareness of a from Hillsmeade Primary School; Alexandra Jones national charity, Canteen. Canteen is a national support from Brentwood Park Primary School; Liam Dallafiore organisation for young people with cancer. Canteen from Courtenay Gardens Primary School; and Shayni believes that no young person should go through cancer Derbyshire and Anna Judge from Berwick Chase alone. People can assist by buying a Canteen bandanna Primary School. They are all fabulous students and to show their support to this great cause. future leaders. I hope one of our young stars will one day be the member for Narre Warren South. Moreland Bicycle User Group Congratulations and well done. Ms CAMPBELL (Pascoe Vale) — Congratulations Gembrook Primary School: Walk to School to the Moreland Bicycle User Group (BUG) for its day great work in promoting healthy and clean-energy transport. The group’s work assists all Moreland Mr BATTIN (Gembrook) — I would like to cyclists, from those for whom it is their principal form congratulate and thank Gembrook Primary School for of transport to those who enjoy being recreational its recent Walk to School day. Staff and parents at the cyclists. Its website and email communication keeps school understand the importance of getting active and everyone informed of current and future events. Thanks how this can assist with students’ academic results. to Julia Mischke, whose emails keep us informed, and to all those at the Moreland BUG committee for their Parliament House: bowls event commitment. Thanks to those who work at Moreland City Council and dovetail in with local cyclists, Mr BATTIN — On Friday I hosted a bowls event particularly the infrastructure team headed by Nerina here at Parliament House between Warburton, Yarra di Lorenzo, who has completed the ‘shovel ready’ plan Junction, Cockatoo and Berwick. The event was well for the final link of the Upfield shared pathway. Thanks attended, and the final result was a win for Cockatoo,
MEMBERS STATEMENTS
Wednesday, 26 October 2011 ASSEMBLY 4877 to Sebastian Motta, whose work has addressed safety Viewbank College: gala concert width and beautification around the Western Ring Road, which has been widened. When partnership, hard Mr CARBINES (Ivanhoe) — On Monday, work and a comparatively small amount of funding all 17 October, I attended the Viewbank College and combine, sustainable and healthy cycling transport Friends of Music gala concert at Plenty Ranges Arts occurs. and Convention Centre. Hundreds of parents and friends attended this annual event. My congratulations The next big project is the Craigieburn rail corridor bike go to the head of music, Mr Andrew van Gemert, and path, which is the next project for the Moreland BUG. the music staff — passionate teachers who enjoy their The Moreland BUG, Moreland City Council and the work and achieve stunning results. Needless to say, the Department of Transport all require action to bring this impressive performances of the students reflect their great idea to fruition. Because of the work by Moreland dedication and application to their music studies. I City Council’s infrastructure team, detailed designs are extend congratulations to principal Judith Craze and to available for Department of Transport staff when they the school community on a great night of entertainment are ready to action a rail corridor project. and celebration. Well done to Arthur Cichocki, the Congratulations to Cr Kathleen Matthews-Ward, whose 2012 music captain, and Jack Naughton, for their vision and persistence taught us that it was possible, leadership in these roles in 2011. and to Paul McKay and Rod Callander, who showed up the pitfalls and solutions. I also was pleased to host parents, friends and the senior concert band at Queen’s Hall at Parliament House Benalla electorate: Advancing Country Towns earlier this month. I know members enjoyed their program performance. As a past student of Viewbank College I was humbled to have them here to perform, and the Dr SYKES (Benalla) — On Monday, 24 October gala was very much a welcome encore. 2011, I attended the inaugural meeting of the Benalla Advancing Country Towns project steering group. As Viewbank College is the school of choice for many chair Cr Barbara Alexander noted, this was a significant families in my electorate of Ivanhoe. They entrust their step towards addressing social disadvantage in Benalla children’s academic futures to the college. The teaching and follows many hours of input by members of the staff and school community achieve excellent academic local community. The Benalla community has results year after year. I recommit myself to advocating, identified three priority areas for action: education from with the college and the parent community, for secure the early years through to the completion of year 12 and capital funds to ensure that the quality of the college’s the attainment of tertiary qualifications; employment facilities matches the outstanding quality of education and the need to upskill people to take advantage of the school provides to over 1000 students. current and future employment opportunities; and better integration of and access to services, including those Mornington: Tidy Towns awards provided by government and non-government agencies. Mr MORRIS ( Mornington) — The annual Tidy The local community already has projects under way, Towns awards were held in Rutherglen last weekend, including: attracting more babies and toddlers to and I am delighted to advise the house that Mornington playgroups and kindergarten, working with took out the title of Tidy Town of the Year. Members disconnected and at-risk young people to encourage will recall that some weeks ago I praised the large them to continue their education and the Benalla number of local entrants that made it through to the education regeneration project, which has strong finals, with the town accounting for 11 of the 94 places. community support and is at the master plan stage. The On Saturday night not only did the town take the project coordinator, Judy Jeffrey, has already overall title but St Macartan’s Parish Primary School demonstrated that she has a good grasp of the issues. took out the Pam Keating Environmental Sustainability Given this favourable situation, a significant component Award. Mornington has a long and proud history of of the $810 000 state government contribution will be environmental protection and a community that really directed towards kick-starting several priority projects cares about our town. The award recognises the hard and attracting additional funds from other sources. work of the many people who make Mornington such a No-one underestimates the size of the challenge, but the great place to live. steering group and the agencies and community groups which it represents are committed to making it work.
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Mornington: sesquicentenary anchor the long-term success of the Werribee employment precinct. Mr MORRIS — It was a very big weekend for Mornington, with the town celebrating its Monash Volunteer Resource Centre sesquicentenary with a tremendous celebration in Mornington Park last Sunday. The day marked the Mr GIDLEY (Mount Waverley) — The Monash declaration of the town of Mornington, which had been Volunteer Resource Centre (MVRC) has been better known in its earlier days as Snapper Point. At the supporting the community of Monash since 1985. The time it was truly the capital of the peninsula, housing organisation produces good outcomes, connecting the post office and the courthouse and of course volunteers with opportunities in community possessing an excellent harbour. Interestingly the first organisations. In fact in most years more than member for Mornington was elected before the town 1600 volunteers are placed in over 400 community formally took the name. I was very pleased to be service organisations through the Monash Volunteer invited to participate in the event and with Cr Bev Resource Centre. I recently held a round table Colomb to plant a tree to mark the occasion. discussion with the Deputy Premier’s office and Congratulations to Diane White, the Mornington representatives from the Monash Volunteer Resource Historical Society and the shire for making the Centre to discuss the effectiveness of the Department of anniversary an event to remember. Planning and Community Development’s volunteer portal and the department’s communication and general City of Wyndham: employment engagement with the volunteer sector. I thank the MVRC for its strong community outcomes and its Mr PALLAS (Tarneit) — In Australia’s fastest continued interest in effective government support of growing local government area, Wyndham, nearly programs that improve the volunteer sector. 60 per cent of residents leave the city for work — a figure that is close to double that of other Rotary: Monash charity golf day municipalities. The lack of localised employment places pressure on our transport network and road Mr GIDLEY — On Tuesday, 18 October, I infrastructure. More than that, it affects our sense of attended the Monash charity golf day dinner. The community and lessens the time spent with our full-day event is organised by the Monash Rotary clubs families. As Wyndham and Melbourne’s western and the City of Monash. Over the years the event has suburbs continue to grow at unprecedented rates these supported a number of worthy not-for-profit local problems will only become more pronounced. organisations. Proceeds from this year’s event are to be directed towards the Cerebral Palsy Education Centre in To address these problems the state government must Glen Waverley. The CPEC specialises in programs for seek to create employment opportunities closer to babies and children with cerebral palsy and is the only home. This requires the government to consider the one of its type in Australia. I commend the Monash decentralisation of government services and investment Rotary clubs on another successful golf day in raising in local infrastructure that will attract employment to funds from their event. Their continued financial and the area, such as the Werribee employment precinct. non-financial support for these invaluable not-for-profit The Werribee employment precinct, a project promised organisations, such as the CPEC, makes a tangible by Labor prior to the last election, will, over a 30-year difference to people’s lives. period, bring jobs closer to home for up to 60 000 Wyndham residents and generate new industries St Helena Secondary College: arts and in Melbourne’s west. technology awards
Wyndham is also in great need of a justice precinct, Mr HERBERT (Eltham) — St Helena Secondary which in addition to providing jobs locally would College is a great school in beautiful Eltham North address capacity issues at the current Werribee which offers fantastic arts programs. I had the pleasure courthouse and the broader justice needs of the growing of visiting the school’s annual art and technology community of Wyndham. The Wyndham City Council exhibition last Wednesday. The exhibition includes has called for the precinct to include a new police over 1000 art and technology exhibits produced by station, courtrooms and an emergency services hub. students from year 7 to year 12 at the school. It was a very impressive, broad range of media. It is time that the government addressed the growth needs of the west by investing in local jobs and social I congratulate all the winners of the arts awards, and in infrastructure such as a justice precinct, which would particular Georgia Hall, year 12 arts dux, and Adrian
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Wednesday, 26 October 2011 ASSEMBLY 4879
Barca, year 12 technology/vocational education and Prahran: mental health forum training furnishing dux. I also congratulate Darianne Willmott, who coordinated the exhibition, and Natasha Mr NEWTON-BROWN — A mental health forum Roberts and Marvin Wright from St Helena on their was organised in Prahran by the federal member for work in organising the event. Higgins, Kelly O’Dwyer, recently. We had a huge turnout to hear Jeff Kennett and others talk about this While I was at the school I also attended the launch of a critical issue, and many people shared their personal new CD, called EPIC, from the school’s senior jazz stories with the audience. band. It was a great performance in the school square from a very accomplished jazz group, and the recording Sylvia Fahey by these 23 young musicians and two vocalists — Taylor Penrose and Olivia Manos — is excellent. The Mr NEWTON-BROWN — It is great to see that CD was cut at a professional recording studio, and it Sylvia Fahey is back at the Hornby Street milk bar, shows talent and maturity beyond the years of the fighting fit after a health scare. Well done, Sylvia, and performers in a very challenging musical form. I keep up the great work in the community you know and congratulate the students and staff on their epic new love. Note to any aspiring local politicians: if you do jazz CD, copies of which can be obtained from the not have Sylvia’s support, do not bother running. school for the low price of $10. Helen Round The SPEAKER — Order! That sounds very reasonable. Mr NEWTON-BROWN — Well done to Prahran local Helen Round — otherwise known as Fat Helen — St Kilda Primary School: fair for her tireless work in advocating against animal cruelty. The proposed legislation before this Parliament Mr NEWTON-BROWN (Prahran) — A new to shut down illegal puppy farmers has been a cause she benchmark was set by the St Kilda Primary School for has fought long and hard for. its innovative promotion of its school fair, which was held last Saturday, which included a YouTube movie. I Astor Theatre had a brilliant day there with the member for Caulfield, and we look forward to the next fair in 2013. Mr NEWTON-BROWN — Recently I had the amazing experience of looking through the projection Prahran Mission: Mullets for the Mission room at the Astor Theatre. From its state-of-the-art digital projection equipment to the old-style projectors Mr NEWTON-BROWN — Queen’s Hall was the from earlier days in cinema, the Astor is a unique venue for a footy fundraiser for the Prahran Mission institution that enables films to be screened in a way this month. The Mullets for the Mission was a great that cannot be replicated in multiplex cinemas. cause that enabled guests to channel their inner bogan and don their favourite mullet wig for the day. The SPEAKER — Order! The member for Ballarat West has 12 seconds. Safe Schools Coalition Victoria: funding Victorian certificate of applied learning: Mr NEWTON-BROWN — The local gay, lesbian, funding bisexual and transgender community greatly appreciated meeting with the Minister for Education Ms KNIGHT (Ballarat West) — I would like to this month to discuss homophobic bullying in schools. I congratulate all of the principals in my electorate for was pleased the great work of the Safe Schools being determined to keep VCAL (Victorian certificate Coalition Victoria was recognised with further funding. of applied learning) going in the face of cruel and savage funding cuts. They know how important this Fr Bob Maguire VCAL program is.
Mr NEWTON-BROWN — Fr Bob Maguire The SPEAKER — Order! The member’s time is should be recognised as a community legend. As his up. allotted time as the local parish priest draws to a close, I hope that a meaningful role can be found for him to continue his work with the local community, which so desperately needs him.
ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL 2011
4880 ASSEMBLY Wednesday, 26 October 2011
ELECTRICITY INDUSTRY AMENDMENT Given that this is a crystal clear policy and election (TRANSITIONAL FEED-IN TARIFF commitment, I pose the question: how is it that the SCHEME) BILL 2011 government is now breaking these very promises? I want to look at these promises one by one. Firstly, I Second reading want to look at the promise to refer an inquiry into the design and implementation of a gross feed-in tariff Debate resumed from 12 October; motion of scheme to the Victorian Competition and Efficiency Mr O’BRIEN (Minister for Energy and Resources). Commission. As I speak it appears the government has still not referred this inquiry to VCEC. We have heard Ms D’AMBROSIO (Mill Park) — I rise to speak the occasional mooted reference to an inquiry, but on the Electricity Industry Amendment (Transitional nothing concrete has yet been presented by the Feed-in Tariff Scheme) Bill 2011. This bill brings to an government. In fact there is increasing doubt as to this end the very successful premium solar feed-in tariff government’s intention to make good its promise, scheme introduced by the former Labor government. It despite its claims to the contrary. effectively excludes up to 90 per cent of the solar energy generation market by making installations of up Let us take a look at the second-reading speech made to 5-kilowatt-hour capacity ineligible to apply for the by the Minister for Energy and Resources. I quote some standard or general feed-in tariff scheme. In its stead of the closing lines from his speech regarding this the bill introduces a transitional feed-in tariff scheme at government’s so-called election commitment. He a fixed rate of 25 cents per kilowatt hour for five years. stated:
This bill is an insult to Victorians on several fronts. In accordance with the Baillieu government’s election Firstly, it breaks a key election commitment of the commitment, the Victorian Competition and Efficiency coalition parties with respect to the renewable energy Commission will be completing a review of feed-in tariff schemes in 2012. tariff schemes. The government provided a detailed election policy position on feed-in tariffs. Amongst the Second-reading speeches are very important — we all policy detail was a promise to refer an inquiry into a know that — as they are used to signal the gross feed-in tariff scheme to the Victorian Competition government’s policies, intentions and plans. The and Efficiency Commission. I quote from that policy minister does not mention anywhere in his speech that document: an inquiry into the design and implementation of a gross feed-in tariff scheme will be referred to VCEC. A Liberal-Nationals coalition government will:
… Mr Walsh — That is not relevant to the legislation. You have missed the point of what a second-reading direct the Victorian Competition and Efficiency speech should be. It is about the legislation. Commission (VCEC) to inquire into and report on the design and implementation of a market-based gross Ms D’AMBROSIO — He put it in his feed-in tariff scheme. second-reading speech. I have checked the websites of Further on the policy document states: both the Department of Primary Industries and VCEC this afternoon, and as at that time, around 5 o’clock this There is significant community support to provide separately afternoon, there was no reference to a review into tariff for the feed-in of power to the grid and the drawing of power schemes, let alone an inquiry into a gross feed-in tariff out of the grid. Under a gross feed-in tariff, any source feeding into the grid would be able to earn a price based on scheme. the value of the total amount of power fed in, determined on a basis that is fair and straightforward. When will this occur? I think we are at a critical time given that the minister referred to this review of tariff … schemes in his second-reading speech for this bill and … the Liberal-Nationals coalition will have VCEC conduct we are yet to hear from the minister exactly when this an inquiry into the features that a market-based gross feed-in will occur. I ask the minister to come clean now and tariff scheme should have, with a focus on promoting the stop the pretence, because what we have on display is a take-up of lower emission generation … pretence. It is proposed that the current ‘premium’ net feed-in tariff scheme will remain in place as an additional option for the The minister needs to explain to the house exactly what time being. Retailers will also be able to continue to offer a he intends to do. Simply repeating the line that the ‘one for one’ or other feed-in tariff under the existing ‘fair’ minister is acting in accordance with ‘the Baillieu tariff requirements. government’s election commitment’ is not the same as
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Wednesday, 26 October 2011 ASSEMBLY 4881 him actually doing it — doing it is something very and offended this week. When it comes to helping different. I ask the minister provide an explanation to many people who want to do their bit for the the house before this bill is put to a vote. The record so environment, it is a pity there is no penalty for the far is not good in terms of the minister addressing minister for insulting and offending Victorians. It is the questions raised in debate, but we live in hope. other way around: there is one law for ordinary Victorians, another law for the minister; one promise Let us have a look at this government’s propensity to for Victorians today, a broken promise tomorrow. say one thing and do another when it comes to solar energy generation and feed-in tariff schemes. What did Let us have a look at the premium scheme. This was we hear from the then opposition on the proud occasion designed by Labor to kick-start small-scale solar energy when the then Labor Minister for Energy and generation until the industry was able to compete on Resources, Peter Batchelor, introduced a bill to bring in more cost-equitable terms with other energy sources, a the premium tariff scheme in 2009? I would like to point we have not yet reached. People in the 60 cent remind the house of what is recorded in Hansard. I premium scheme signed up for a 15-year contracted refer to contributions made on 31 March 2009. The period or until 2024. This was to ensure that people had former member for Murray Valley said: a reasonable period of time within which they could recoup the value of their investment. By all accounts it The gross feed-in system is the best system and is used in was an efficient and cost-effective scheme. The bill acts many other countries. on the premium solar net feed-in tariff scheme by The member for Benalla said: closing it off to new entrants. It is another broken promise. Moving on to the key aspects of the bill that have been broadly canvassed by many previous speakers, obviously a As I mentioned earlier, this government promised to major issue is that the bill provides for a net feed-in tariff, keep the premium tariff in place until its gross scheme whereas a strong argument has been put by our side of the house that a gross feed-in tariff is more likely to encourage was ready to replace it. Instead we have a minister who people into using solar power and therefore achieving the announced on 1 September this year the total abolition objective of greater use of renewable energy. of the premium tariff scheme, giving consumers and industry only four weeks to put panels on roofs and The member for Malvern said: lodge their paperwork. With respect to submitting There are some real concerns the coalition parties have with paperwork for eligibility for the premium tariff, the this bill which have been outlined by the member for Box Hill minister’s own media release of 1 September 2011 in his usual comprehensive and expert fashion. These reported him as saying: concerns include that the scheme only applies to net generation … Neither is there any indexation or adjustment of … Failure to meet the 30 September deadline will mean the 60 cent tariff. people will not be considered for the PFIT — … National programs in place around the world have the premium feed-in tariff. consistently proven that a gross feed-in tariff bill is one of the most cost-effective ways to encourage the uptake of solar energy. He was further quoted as saying: I refer to the Age of 24 November 2010, where the Given it can take up to several months to complete the required steps, it is very unlikely that people purchasing a member for Malvern was quoted as saying: solar system from today will have enough time to qualify for the premium rate. We think there is a lot of interest in a gross feed-in tariff as a way of boosting investment in renewables. What an extraordinary admission of guilt; to drop an What an absolute build-up, a build-up that has turned axe and kill off the scheme then and there at one fell into a massive backflip. What is more, this bill rips into swoop. It also showed an appalling disregard for the heart of the small-scale solar energy generation consumers and industry. Let us have a look at how industry. This is a new take on the phrase ‘boosting industry responded to this announcement. The industry investment in renewables’ used by the member for was given opportunities to discuss the future of the Malvern, now the Minister for Energy and Resources, tariff scheme with the minister’s department. At no in November last year. stage was industry informed that axing of the scheme was an option that was being seriously considered. We have a government that says one thing and does the exact opposite. Every Victorian who may have believed On 12 September I received a lengthy letter from this government meant what it said it would do in the Russell French, the managing director of Sun Empire area of solar energy policy has the right to feel insulted Solar Systems. His company is absolutely appalled at
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4882 ASSEMBLY Wednesday, 26 October 2011 the government’s lack of regard for the industry’s needs Further still: and the consequences of its decision for his business. He wrote: That this is not the 10 or more years that the government is aiming for highlights the government’s lack of industry understanding and consultation with the industry. They are We are working ourselves ragged to try and get all our simply out of touch. systems installed in the ridiculously short amount of time given to us by the state government, which essentially is less than four weeks. When we met with the Department of And further still — and I hope they are listening over Primary Industries (DPI) some weeks ago, we were told that there: they had advised the energy minister, Michael O’Brien, that the best way forward was a three to four-month period to We believe we will have to reduce our number of employees allow companies to install systems and for interested to survive and I have now given the business until Christmas consumers to be made aware of the feed-in tariff scheme to see if we can continue on and if the business is not viable to changes and give them a fair and reasonable amount of time shut up shop. to purchase and install their solar PV system at the higher, 60 cent rate. Of course we made our objections made clear — I can go on; I have many other important quotes that are very critical. Essentially what suffers is our there is a little bit of a typo, but I will read that in for the environment and those who suffer are the purpose of being accurate — disadvantaged householders who still have spiralling electricity costs and the solar industry professionals to even this version of the stripping of the 60 cent tariff and methodology, but to then have a snap decision made where who are losing jobs because of poor, ill-informed and we had four weeks to work within? Please Minister, that is rushed decision making. I was quoting an industry too much to swallow, and unfair and unreasonable to boot! installer. They are his words, not mine, and I could not Well, you can understand this distressing position we are now have put it better myself. These words have been totally faced with. We have solar panels stuck on boats coming from ignored by this government. Germany which were ordered months ago and won’t arrive in time. When they do arrive who will buy them with no real The industry body, the Clean Energy Council, has done feed-in tariff to recompense consumers for their exported modelling that shows that scrapping the premium tariff electricity? We have a severe lack of stock available to would cause demand for small-scale solar energy service customers who were already signed up or were in the process of signing up for a system. There is a lack of installers installations to plummet, with 1800 Victorian jobs available to get these rushed systems installed and a lack of likely to disappear from the industry. Many of these available inspectors to sign off on the systems in time. We jobs are in regional Victoria. have our backs against the wall, fighting our way through to make all of this happen. To highlight the impact of this government’s arrogant decision and backflip, I turn to an international I will pick up some further comments in the letter company that was poised to expand its Melbourne regarding potential customers who have rung the operations to four regional locations in Victoria on the business complaining about this decision: back of the retention of a premium tariff scheme. I turn … and they have indicated they will not be interested in to a very important source of information on this investing in a solar power system after September until the company to highlight this point. I quote from an article government sorts out this solar debacle. written by the environment editor of the Age, Adam Morton, and published on 25 August: Further: A British solar energy company says it will scrap plans to People want to make a difference to their electricity expand into four regional Victorian centres, creating up to consumption and the impact they are having on the 120 jobs, if the Baillieu government substantially cuts a environment by investing in a solar power system, but household subsidy scheme for rooftop panels. without a decent buyback feed-in tariff, many people feel it is just a waste of time and money to purchase such a system and Mark Group chief executive Rob Grant said a decision to the big opportunity to make that significant difference is open offices in Geelong, Ballarat, Bendigo and the Latrobe gone … Many consumers ask us the same thing: ‘Why would Valley had been put on hold until the announcement of the state government help build an industry just to destroy it changes to a program that pays households a premium rate for again by reducing the feed-in tariff?’. We think this shows a energy fed into the power grid. real lack of foresight and industry consultation by government and that this all clearly highlights a boom and bust mentality … by government and will have a dramatic and perhaps dire impact on my business, Sun Empire Solar Systems. Mr Grant said Mark Group opened its Australian operation in 2009 after being courted by government agencies, including Further: the federal government’s Austrade and Invest Victoria. He said attempts to build the business had been frustrated by What we have seen is that the government payback uncertainty over whether renewable energy programs would calculations don’t stack up … survive. The company employs 25 people in Victoria.
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Mr Grant also said: entrants whenever the minister decides. It could be that the generation capacity is 1 megawatt and the If the scheme is significantly changed, the regional operations pass-through cost is 50 cents, but if the minister wakes will not go ahead and the growth in Melbourne will be significantly curtailed. up one day and says, ‘I feel like closing the transitional feed-in tariff scheme’, he can — and he will. I have had several discussions with Rob Grant, who is a very committed and smart businessman who Given the minister’s callous disregard for the solar understands the renewable energy industry and the industry and for jobs and families, I would entertain the pivotal place solar energy has in that. He was absolutely thought that many in the industry, including many gutted when the announcement was made to shut down families who are committed to changing their the premium scheme. behaviours and doing the right thing by the environment, would be somewhat sceptical about this An honourable member interjected. third trigger point and when it will take effect. It would be advisable — and I ask the minister to do it — to Ms D’AMBROSIO — You should get out more explain to Victorians why he feels the need to have this often and listen to what people are saying. The coalition third trigger point, which in effect means that he can said in its election promise that it would maintain pull down the shades on the solar industry transitional Labor’s one-for-one standard or general net feed-in tariff scheme any time he feels like doing so. tariff scheme introduced in 2004. That is another promise that has been broken. To rub salt into the I remind the house that it appears that the industry industry’s wounds, the government hid this little detail annual report into the premium scheme has not yet been from the industry representatives in their briefings until presented to government. Certainly we have not heard the bill hit this house, when it was revealed. That is a that that is the case, and indications are that it is not disgraceful, arrogant approach to industry — a slap in expected until later this year. It is the height of the face when its representatives least needed it. hypocrisy for the government to be strangling the industry without waiting to be presented with the most The standard tariff provides the same rate for surplus up-to-date data on installed capacity and cost. Instead electricity generated as a generator pays for electricity the government has encouraged speculation and they buy from the grid. As the cost rises, so does the rumours about the data, so adding to anxiety amongst rate they receive. This was an ongoing scheme consumers and the industry. available to all generators up to 100-kilowatt-hour capacity. This scheme is now closed to generation of up The government has broken promises. I have gone to 5-kilowatt-hour capacity, which in effect represents through each and every one of them. What has about 90 per cent of the market, which has generation happened is in sharp contrast to what government capacity of 5 kilowatt hours or below. Instead, the only members said they represented when they were going option this government is providing through this bill is into the election. They are hiding behind claims that the the transitional tariff scheme, which has a fixed rate of solar industry is now at a point where investors can be 25 cents and a statutory contract period of five years assured of a payback period of less than 10 years. This only. claim, which is made repeatedly by the minister as an explanation or an attempt to justify the backflip and the New entrants will be eligible for only the government’s abject breaking of promises, is hotly disputed by the new transitional tariff, which again is a fixed price industry and by renewable energy organisations. tariff, as the minister said in his second-reading speech. People’s electricity bills will continue to increase, but I wish to refer to those organisations which very the tariff paid to people for surplus electricity they quickly, in exasperation and disbelief, put out generate will not increase. In a short time the comments in media statements on the day that the transitional tariff will be worth less than people pay for Minister for Energy and Resources decided to bring electricity. The one-for-one nexus will be broken. down the blinds on the solar energy industry. I refer to the Alternative Technology Association media release The bill sets three trigger points for closing the of 1 September, in which the energy projects and policy transitional scheme. One trigger point is a generation manager, Mr Damien Moyse, is quoted: capacity of 75 megawatts. The second point is a pass-through cost of $5. The pass-through cost is the … Mr Moyse said it was impossible under the new tariff for a cost of the scheme spread out across all consumers in a consumer to pay off a system within a decade. distribution area. The third and most telling trigger … There’s no way a solar household will pay off a system point is that the scheme can be closed off to new within 10 years based on such a short policy.
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If there is no value for the exported electricity from their solar organisations that have expressed grave concerns for system after 5 years, and a household exports half or more of the investment opportunities that it seems Victoria will its solar power as many households do, it will be closer to 15 or 20 years by the time the system is paid off. forgo as a consequence of this government’s policies. The government has given every indication since the I continue quoting from the media release: election that it is very much looking to kill off feed-in tariff schemes, not expand them. Again, that is an Mr Moyse said the Victorian government had missed the opposite position to its election commitment. If this is point of a feed-in tariff, which was a temporary mechanism to maintain healthy support for solar technology before the not the intention of the government, then the minister achievement of grid parity. should rule it out. When the minister sums up on the bill — if he chooses to sum up, because I think this The words ‘before the achievement of grid parity’ are minister has summed up zero times so far — he should telling, and I remind the house, as I interrupt my rule it out and provide certainty to the industry, quotation from this document, that we are nowhere near certainty in jobs and certainty for investment achieving grid parity. I continue to quote Mr Moyse opportunities. from the media statement: This government’s record on renewable energy speaks ‘Hot on the heels of their disastrous wind energy policy, volumes. It has killed off the wind energy industry which will cost the state millions of dollars in lost investment and hundreds of jobs, this is another bad blunder by the through its draconian planning laws, and it is now Baillieu government. strangling the small-scale solar energy industry by removing assistance from Victorians who ‘So far, the government has done virtually nothing on climate overwhelmingly want to do their bit to reduce their change and renewable energy but stall and cut back programs’. carbon footprint and create greener jobs for their kids — highly skilled, greener, cleaner jobs; the jobs of That statement comes from the Alternative Technology the future — which this government has now said are Association. no longer important. In short, this government has taken Victoria from being the nation’s leader in clean I also refer to Environment Victoria. I note that during energy and tackling carbon emissions to lagging very the debate on the premium solar feed-in tariff, the much in the slipstream. opposition at that time was very keen to quote Environment Victoria as a notable, laudable We heard the Minister for Environment and Climate organisation and expert in the field. Environment Change this week say there will be a review of the Victoria’s response to the decision of the Minister for Climate Change Act 2010. The Minister for Energy and Energy and Resources on 1 December to axe the Resources and the Premier, on a number of occasions, premium solar scheme was stated in its media release, have backed off at 100 miles an hour on commitments which says: they made to the people of Victoria and this house that they would support renewable energy targets and Environment Victoria’s Mark Wakeham said today: targets for reductions in carbon emissions. A lot has ‘The decision to reduce support for solar power, in the been done in such a short period of time to undo the same week as the decision to shut the door to new wind good work already done in Victoria, taking Victoria farm development, is extremely disappointing. from being the nation’s leader in growing greener jobs … and investment to now being a state that is letting the sun go down on the small-scale solar energy industry. This decision is premature and damaging to Victoria’s This government is quickly becoming known in the clean energy future. community as the dirty energy government. … Mr Foley — Just dirty! This announcement caps off a disastrous week for renewable energy in Victoria. It appears that the only Ms D’AMBROSIO — I will not go that far. We plan the coalition has on climate change is to ensure have a government that is putting up roadblocks to Victoria misses out on the clean energy investment boom’. investment opportunities in the state. When it does that it needs to take responsibility for the consequences. It Here is a government that says it cares about jobs — needs to take responsibility for the millions of dollars perhaps — but it does so half-heartedly. It indicated that Victoria stands to lose from the wind energy some time ago that it will present a jobs policy, but we industry, which is no longer a viable scenario in have yet to see one. We have heard nothing in the last Victoria. It must also take responsibility for stunting the two months on that front. Now there are two notable growth in greener jobs in Victoria. It needs to take
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Wednesday, 26 October 2011 ASSEMBLY 4885 responsibility for gutting the small-scale solar energy New South Wales, Western Australia, Tasmania, the industry. Northern Territory and the Australian Capital Territory. Interestingly, South Australia reduced its rate to What are deemed to be the consequences of this 16 cents in October this year. decision: the disappearance of 1800 jobs at least from the solar energy industry in Victoria alone. That is an Importantly, it must be said that those who are part of absolute disgrace. The bill represents an arrogant litany the premium feed-in tariff scheme will continue to of broken promises, and I am adamant in saying that the receive their particular rate of 60 cents per kilowatt opposition will oppose this bill. hour. This new scheme will operate for a period of five years. In the future the scheme can be closed to new Mr NORTHE (Morwell) — It gives me pleasure to applicants if a couple of points arise, one being if the rise this evening to speak on the Electricity Industry capacity of 75 megawatts is reached. Amendment (Transitional Feed-in Tariff Scheme) Bill 2011. The bill amends a couple of acts, the Electricity It is interesting to note that in her contribution to the Industry Act 2000 and the National Electricity debate the honourable member for Mill Park spoke (Victoria) Act 2005. The objective of the bill is to about a lot of things, but she did not speak about the establish a transitional feed-in tariff scheme to replace cost impost upon consumers. One of the key aspects of the premium solar feed-in tariff scheme. The premium the transitional feed-in tariff is to ensure that we can solar feed-in tariff scheme was introduced into Victoria assess the scheme itself if an annual consumer cost cap in 2009 and applied to customers who installed rooftop of $5 is reached. This is important in the context of the solar panels of less than 5 kilowatts. At that time the conversation. I guess what the government and the premium feed-in tariff was a net feed-in tariff of minister have tried to do is reach a balance in making 60 cents per kilowatt hour. sure that we have investment in renewable energy in this state but at the same time making sure that Importantly, where we are today is that the government consumers and businesses are not compromised by has to review the capacity of 100 megawatts as the having to pay outrageous costs for their electricity. statutory capacity is close to being reached. Essentially we are at this juncture in the road where the It is somewhat hypocritical for the member for Mill government has to make a decision about what to do Park and the opposition to criticise this government for with the feed-in tariff. As the minister said in a press its performance in renewables. Let us look at the cost of release on 1 September this year, we have reached that electricity associated with the debacle of the smart capacity and what we decided to do, unlike many other meters. As we know, many consumers who might not states and territories, is to ensure that we have a even have them are paying for smart meters, and they reasonable rate for customers over this transitional offer no real benefits. That point has been articulated period, and that is set at 25 cents per kilowatt hour of many times in this house. Labor has a reputation in the electricity that is fed back into the grid through those federal sphere at the moment because of its carbon tax, rooftop solar systems. which will have massive implications for jobs and costs for consumers, businesses and otherwise. Contrary to what the member for Mill Park said in her contribution to the debate, this scheme will still mean What the opposition has not done is support a that people will have a payback period of concession rate for consumers. Earlier this year this approximately 10 years. Contrary to what the member government introduced year-round discounts on said, modelling has been done by the Department of electricity bills for those who are doing it tough in their Primary Industries and industry has been involved in communities: pensioners, concession card holders, that payback system. Also, to further refute some of the health-care card holders and holders of veterans gold comments made by the member for Mill Park, the cards. Victorian Competition and Efficiency Commission will be doing a review of the feed-in tariff system and the Mr Nardella interjected. solar system scheme in 2012. That has been articulated by the minister on many occasions, including in that Mr NORTHE — It was actually introduced earlier. press release of 1 September 2011. This concession was very much supported by many people in our community. Unfortunately it was not As I said, it is interesting to know what other supported by the opposition at the time, and that was jurisdictions have done over a period of time. If you extremely disappointing. have a look at some of the other states and territories, you note no new tariffs will apply for new customers in Also it is important to note, as I say, that we have tried to strike a balance with this transitional feed-in tariff
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4886 ASSEMBLY Wednesday, 26 October 2011 scheme. In other states it has been either boom or bust There are many others I could read out, but time does where the feed-in tariff rate has actually been abolished. not allow me to do that. The 25 cents that applies through this transitional tariff is quite sensible. As I said earlier, the average payback The coalition government has undertaken other period, which has been based on modelling undertaken measures with respect to improving energy efficiency by the Department of Primary Industries, and the in this state. We know it has committed funding to establishment of which has involved the industry itself, things like the CarbonNet project in the Latrobe verifies that this time frame will be achieved. Also to Valley — $30 million has been committed to that. In the point is the fact that the cost of solar panels the state budget for this year another $41 million has themselves has reduced significantly over the last been allocated to the ETIS, or energy technology couple of years, so from an affordability perspective innovation strategy. We have effectively doubled the there is little change in this regard. targets for the energy saver incentive scheme, and more importantly we have allowed businesses to access that In striking a balance the government must consider this important scheme. From my local perspective, a key point, along with the fact that electricity consumers are component of the Latrobe Valley Advantage Fund is effectively paid for the feed-in tariff. As I say, dedicated to ensuring that low-technology development consideration must be given to pensioners and can occur. low-income households that have to deal with that. I believe the government and the minister have made a To put it into perspective for the member for Mill Park very fair and balanced decision in regard to this. Of in regard to the credibility of that side of the house, the course it is important that we have investment in the Victorian Auditor-General’s Office had a lot to say in industry. Whilst the member for Mill Park articulated April this year about the former government’s proposed some concerns, there is also great support out there. Victoria-wide large-scale solar feed-in tariff, which it found would increase household electricity bills by $23 I will quote from an article that appeared in the to $47 a year on average. However, Labor claimed at Wangaratta Chronicle of 5 September this year, which the time it would only be in the vicinity of $5 or $15 a states: year — a difference of 500 per cent.
… Wangaratta-based Steintech Electrical and Solar chief I find it a bit rich that the member for Mill Park and executive officer, Michael Steinlauf, said it was a positive indeed the opposition can somehow question the move. credibility of this government. We believe the decision He said 25 cents is a good tariff compared to Western that has been made by the minister and the government Australia and New South Wales, which have already ended strikes a fair balance whereby there will still be their solar incentives altogether. significant investment in the solar energy industry in … this state while at the same time we are making sure that consumers are able to pay their electricity bills. It is ‘Looking at our business going into the future, we expect it to a fair balance. If you compare that with what has get busier’, Mr Steinlauf said. occurred over a period of time in other states and Also, Rob Capuano said in the Casey Weekly in territories, you will see the minister has done a great job September of this year — — in ensuring that industries will still grow and prosper in this state while at the same time making sure that Mr Nardella — Who? customers, householders and businesses will be able to pay their electricity bills into the future. I commend the Mr NORTHE — It states: bill to the house.
Rod Capuano of Hallam, solar retailer SolarMyHome agreed Mr FOLEY (Albert Park) — I rise to make a the feed-in tariff cut could have been a lot worse. ‘I don’t hold any fears for it. Even if you were getting solar power on a contribution to the debate on the Electricity Industry one-to-one basis, it’d be a great deal … Amendment (Transitional Feed-in Tariff Scheme) Bill 2011 and make it clear that the contribution made by ‘The cost of solar units are about $2000 cheaper than four the member for Mill Park completely summed up the months ago so, even though the feed-in tariff is less, the payback rate for the systems is about the same’. opposition’s opposition to this shonky proposal from this shonky mob opposite. What we have seen is a The biggest threats to the industry were shonky telemarketers, classic Tory backflip with this bill: say one thing before unqualified installers and poor-quality imports, he said. the election, do precisely the opposite after. He said sales were picking up again after the federal government reduced solar rebates on July 1.
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To illustrate what we had before the election I will entrepreneur who had retrained in this area at quote from the then Liberal-Nationals coalition policy considerable expense — and I point out to the member document, from which the member for Mill Park has for Morwell that he employed a substantial number of already quoted. It states that the coalition will: people, over 20 contractors, in the member for Morwell’s electorate. The day the member for Mill Direct the Victorian Competition and Efficiency Commission Park and I were there one of this business’s last (VCEC) to inquire into and report on the design and implementation of a market-based gross feed-in tariff scheme. customers felt so badly about the way the company had been treated that he had come up from Fish Creek — And then further: although that might be in the electorate of the member for South Gippsland — to support this company in the There is significant community support to provide separately efforts it had made. for the feed in of power to the grid and the drawing of power out of the grid. Under a gross feed-in tariff, any source feeding into the grid would be able to earn a price based on It was not enough to rip the entire basis of this young the value of the total amount of power fed in, determined on a entrepreneur’s business out from under him, but the basis that is fair and straightforward. manner in which it was done was appalling. It was not, as the member for Morwell expressed it, one of the … the Liberal-Nationals coalition will have VCEC conduct an inquiry into the features that a market-based gross feed-in shonk call-ins. Here was a guy who had put tariff scheme should have, with a focus on promoting the considerable effort into retraining and skilling up a take-up of lower emission generation … whole number of contractors and was buying quality solar panels from Germany. They were high-market … panels that really should have been produced in It is proposed that the current ‘premium’ net feed-in tariff Australia, but given these sorts of actions we can see scheme will remain in place as an additional option for the little opportunity for that. He had ordered them on the time being. Retailers will also be able to continue to offer a basis of advice from the Department of Primary one-for-one or other feed-in tariff under the existing ‘fair’ tariff arrangements. Industries as to when this scheme would be ended, and acting on that advice he put forward considerable What happened to that policy position? Where did that capital in booking that material. That material was on a rock-solid commitment to the Victorian people boat from Germany at the time the minister made his disappear to? It disappeared in a whiff of scepticism in rapid announcement about ending this scheme earlier regard to the science and the reality of climate change than his department had advised the industry. That was being induced by human activity from the mob of frankly shameful. sceptics opposite. That is where that went. In the debate about this premium feed-in tariff in the last Parliament, Sure, be sceptics, be hardnosed if you do not believe in those opposite, including the Chair — and I would not climate change, be anti renewables, if that is what you want to cast too many reflections on the Chair, because really believe, but to go out and deliberately gut private the Chair does a fine job, but I recall being in the house sector businesses that are employing large numbers of and I did go and check Hansard, and perhaps it was the contractors and leave them high and dry at substantial Chair among a range of others — went so far as to say financial cost and leave their customers in a similar it was not enough and that it should have gone further. position is really an absolutely shameful act from a party that pretends that it is the friend of small business, I am sure from the different perspective on the other from a party that pretends it is there — — side there we can see a proposition. Indeed the then shadow minister, the minister at the table now, the Mr Gidley interjected. Attorney-General, took a similar position as I recall from a quick recollection of Hansard. Where did those Mr FOLEY — The member for Mount Waverley, positions go? In less than 12 months we have seen the well-known — — those opposite do a complete backflip that would give The DEPUTY SPEAKER — Order! The member any Olympic diver the heebie-jeebies. They have totally for Mount Waverley! Interjections are disorderly. The recanted on the position they took to the Victorian member for Albert Park will not take up interjections. people on this issue. Mr FOLEY — Thank you, Deputy Speaker, and I This is not just some remote, esoteric issue. With the welcome your protection from the thug over there in the member for Mill Park I attended a small and, up until corner. this point, growing business in my electorate — that being the Sun Empire Solar Systems company in Port The DEPUTY SPEAKER — Order! Melbourne. Here was a young, enthusiastic
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Mr FOLEY — If I can continue with my The DEPUTY SPEAKER — Order! That is contribution without being rudely interrupted by the sufficient on the point of order. I ask the member for freshman over there in the corner, if this backflip from Albert Park to come back to the bill. the government was not objectionable enough on the grounds of its scepticism of the need for renewable Mr FOLEY — The member for Mount Waverley energies and to tackle man-made climate change — if clearly was not in the Parliament last time, because if he that was not bad enough for dealing with its, quite had been, like all his mates, he would have voted for frankly, low act of treachery to small businesses that same bill, just to get across the line in the election. seeking to grow in this area more broadly — what does They never meant a word of it. They did not for one it say about this mob’s vision for where growth in second have any intention of sticking to that renewable employment in high-skilled industries is going? energy target, and everything they have done since confirms that. For example, look at their decimation of What we have seen here is yet another capitulation to the wind energy industry, where it is easier now to short-term planning on the part of a government that build a coal-fired power station within 2 kilometres of a shows no vision as to where the jobs of the future are house than it is to generate renewable energy via a coming from. It is not only with Sun Empire Solar clean wind energy system. This bill is a disgrace, and Systems and the opportunities created by Mr French this Labor opposition will be opposing it. It reflects and his hardworking business or any number of other everything that is wrong about this government — it is opportunities that we have seen this from those duplicitous, shallow, hollow and meaningless. opposite. We have seen it more and more. There has been this promise of a jobs package, a job policy, but Mr CRISP (Mildura) — I rise to make a we will not see them any time soon, because these contribution in the debate on the Electricity Industry government activities are not related to being antijobs Amendment (Transitional Feed-in Tariff Scheme) Bill and antiskills just in this area; we see it in everything 2011. The purpose of the bill is to amend the Electricity this government does. We see it in its cuts in the Act 2000 to introduce a new energy feed-in tariff Victorian certificate of applied learning sector in scheme that will commence after the premium solid education. We see it in the cuts it seeks to make in this feed-in tariff scheme reaches its capacity and to amend sector and we see it in the government’s total reliance the National Electricity (Victoria) Act 2005 to facilitate on and subservience to the carbon-based areas of the introduction of the transitional feed-in tariff scheme. energy generation in this state. The first part of that pretty much rebuffs most of the argument from the other side, but let us now get some The foreshadowed changes that the Minister for of the history right. Environment and Climate Change has put before the people of Victoria with regard to the 20 per cent This government is committed to fair and sustainable renewable energy target is clearly an issue that needs to support for the renewable energy industry, including be worked into the mix in this debate, because this rooftop installations. The new transitional feed-in tariff government has made it clear that when those people will be 25 cents per kilowatt-hour available for five who now form part of the government benches were in years from 2012. It is not retrospective; none of the opposition in the last Parliament every one of them changes in the bill will be retrospective. The new voted for that bill. Every single one of them got up and feed-in tariff will allow for a payback period on current said, ‘Yes, we are going to vote for this; we support it’. prices of around about 10 years, the same period that Now, in a collective act of amnesia, this is apparently applied under the Labor government feed-in tariff somehow or another an aspirational target. In some introduced in the previous Parliament, because there vague, sweeping statement made by the dynamic have been dramatic reductions in the cost of solar Treasurer of the state — I notice that after he has been panels over the last two years. They have now become in office less than 12 months even the Age is calling for more affordable and so the higher rates of subsidy are him to be shipped off — we see a proposition where no longer required. those opposite — — I am going to expand on some of those issues now. Mr Gidley — On a point of order, Deputy Speaker, Firstly, the federal government obviously agrees the debate has been wide ranging, but the member for because it reduced its support for the rooftop solar Albert Park is now referring to lies about the Victorian industry back in July. That is a fact. That was a Labor certificate of applied learning and former opposition government decision. It too is working its way through votes on legislation. I ask you to bring him back to the this. Secondly, Labor set the 100-megawatt limit when bill and thereby stop the spin and the rewriting of it put it into law; 100 megawatts is Labor law. The history. Labor government could have set a figure of
ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL 2011
Wednesday, 26 October 2011 ASSEMBLY 4889
200 megawatts; it could have set a figure of Ms D’Ambrosio interjected. 500 megawatts. Why did it not do that? I suspect that it knew 60 cents per kilowatt-hour was appropriate to Mr CRISP — To quote Shakespeare, I fear the start the solar industry, but it did not want to commit member for Mill Park doth protest too much on this. As Victorians to the long-term cost beyond that start-up I said before, it was Labor’s decision to set this limit; period. Victorian homes and industries cannot afford that limit has been reached. To refute the argument 60 cents per kilowatt-hour to go on forever. Labor from the member for Mill Park about our commitment knew that when it introduced its legislation. We knew it to this, we could have ended this when we came to when we drew up this legislation, and that is why we power. We did not; we honoured that 100 megawatts. It agreed to it. I think the shadow minister has clearly has closed up very quickly and we have seen that out. missed that point. We have honoured the previous government’s commitment to make that 100 megawatts. This is further supported when we look at what the Auditor-General said on this issue. The Also I think we need to look at what those other states Auditor-General has brought a number of stark realities have been doing. In South Australia it is 6 cents a to the fore, particularly the cost to families. The cost of kilowatt for the surplus. That is nowhere near what 100 megawatts has gone way beyond Labor’s estimate. Victoria is offering, which is also better than what is on I never thought I would be standing here today teaching offer in New South Wales. We have offered something the opposition, the Labor Party, about how to be fair to for some people that is just a little bit above what is the socially disadvantaged in our committee. The normally paid for electricity. I know that in the northern reality is that those people who are seeking that 60 cent part of the state, because we have long line losses — — feed-in tariff have got $10 000 to $20 000 to invest and get a return at the expense of those working-class Ms D’Ambrosio — Deputy Speaker, I draw your families who cannot afford their current power bills, let attention to the state of the house. alone an increase to those bills of $20 to $40 a year. It Quorum formed. might not seem much to some people, but to the pensioners in my community, who have the Mr CRISP — To conclude, families are already disadvantage of facing higher costs in country areas, it feeling the cost impact of this energy program. Let us is unaffordable. That is quite clearly where we are at. It send it off to the arbitrator to find out the best way to go is not affordable to continue with a 60 cent feed-in forward. That would be the Victorian Competition and tariff, and that is before we even get to the cost to Efficiency Commission (VCEC) to which we have industry if we were to have this utopian environment referred this program. Let us get the best tariff scheme where tomorrow everybody would pay 60 cents per for Victoria. That is what this bill does: it refers it to kilowatt-hour for their energy. The lights would go out that organisation so that we can find out the best way to for those likely to be most affected and hurt by that go forward. Solar power has a great future in Victoria. decision. Ms D’Ambrosio — On a point of order, Deputy As I said before, the federal government has also Speaker, I believe the member is misleading the house. reduced its support for the scheme. As we look to the The bill does not give effect to a referral to VCEC for future a scheme is still in place for rooftop solar panels an inquiry into feed-in tariffs. for those families who want to invest in achieving a saving on their power costs. You can still put a 1.5 to The DEPUTY SPEAKER — Order! That is not a 2-kilowatt unit on top of your home and reduce your point of order. power bill. It is not a profit-making venture, but it is about securing your future. I got a quote the other day Mr CRISP — We need a tariff to go forward. This regarding the cost of this; it is about $2.04 per watt government knows we need that tariff to go forward. installed. That is how tight or good the market is. I We need solar power to have a future, and we are going believe the market for retailers now is in installing units to find the best way to deliver that in a sustainable way on top of family homes to supply those homes, but not that will not impact on families or businesses and will as a money-generating or wealth-shifting exercise from deliver Victoria future security for solar power. those who can least afford it. We cannot let that process Ms EDWARDS (Bendigo West) — I would also stagnate. I urge those businesses that have lost some of like to contribute to the debate on the Electricity those 5-kilowatt-type installations to look at getting Industry Amendment (Transitional Feed-in Tariff those families who are trying to save on their power Scheme) Bill 2011. Hopefully I will not get as bills back into the heart of their businesses. emotional about it as some of the government
ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL 2011
4890 ASSEMBLY Wednesday, 26 October 2011 members. This bill amends the Electricity Industry Act the community or the solar industry and effectively 2000 and the National Electricity (Victoria) Act 2005 to pre-empted the promised review by the Victorian establish a new transitional feed-in tariff scheme, which Competition and Efficiency Commission into ways to is expected to commence on 1 January 2012. Labor will strengthen and support solar power. not be supporting this bill, because in conjunction with the other announcements by the Liberal-Nationals This decision means that the once-booming solar panel government regarding renewable energy, such as wind industry in Victoria is about to experience a permanent power, it would appear that it is effectively turning the solar eclipse. Since Labor’s feed-in tariff came in lights off in Victoria when it comes to renewable 18 months ago the Victorian industry has installed energy. 70 megawatts of solar panel generation capacity. Now thousands of solar panel installers across the state, Broken promises are becoming the order of the day for particularly in regional Victoria, face a very uncertain this government. It made a clear commitment before future indeed. Some solar companies have now the election last year to conduct a Victorian indicated that they will abandon plans to invest in Competition and Efficiency Commission review to Victoria. For example, the Mark Group has put on hold look at strengthening feed-in tariffs. Not once did it a planned massive expansion in regional Victoria. This mention that its energy policy proposed cutting the includes the company’s plan to open offices in tariff. Coalition members were strong supporters of Geelong, Ballarat, Bendigo and the Latrobe Valley, Labor’s solar power initiatives when they were in which would have supported 200-plus jobs. According opposition; it is quite hypocritical for them to now to the Clean Energy Council there are renege on that support. The Liberal-Nationals energy approximately — — and resources policy released on 23 November 2010, just four days before the election, stated that a coalition Ms Ryall — On a point of order, Deputy Speaker, I government would: fail to see how the Department of Premier and Cabinet opening regional offices has anything to do with this … consider a subsidy scheme to encourage solar, wind, fuel bill. cells and other low-emission power sources if elected … The DEPUTY SPEAKER — Order! I am not The coalition said it would look into a gross feed-in upholding the point of order because the member is tariff scheme that would pay a premium rate to actually relating her comments to the bill. households, businesses, farms and community groups for all the energy they generated, whether used on site Ms EDWARDS — I think the member is a little bit or fed into the grid, and that the Victorian Competition confused. I actually said the Mark Group has put on and Efficiency Commission would be asked to design hold plans for a massive expansion in regional Victoria. the scheme. Neither of those things has happened. The then energy spokesman and now Minister for Energy According to the Clean Energy Council there are said: approximately 3400 people employed by the Victorian solar industry. It estimates that these changes to the We think there is a lot of interest in a gross feed-in tariff as a scheme will put at risk around 1800 existing jobs in way of boosting investment in renewables. Victoria, most of them in regional areas. The premium Under this Liberal-Nationals government, just feed-in tariff was introduced by Labor to subsidise 11 months later Victoria finds itself heading backwards installation costs of rooftop solar. It was a boon for when it comes to renewable energy. This is the only regional jobs, for investment and for the environment. It clear direction we have from this government on encouraged hundreds of regional families to install renewable energy policy. solar power units and supported massive overseas investment in regional Victoria. Around 40 per cent of This bill represents the government’s decision to restrict all systems installed have been in regional areas. access to the state’s standard feed-in tariff that has been in place since 2004 for new solar panel systems What was most disappointing about the government’s generating less than 5 kilowatts, and that is a disgrace decision to reduce the feed-in tariff from 60 cents to given that those solar panel systems represent the lion’s 25 cents was the way it went about it, given that people share of installations; in fact, they represent over 90 per who had paid a deposit for a solar system or who were cent of total installations. This bill means that the in the process and waiting for inspections to be carried Victorian premium feed-in tariff will be reduced from out were given just four weeks to the end of September 60 cents per kilowatt hour to 25 cents per kilowatt hour. to have all their paperwork filled in and signed off. Leading up to this ridiculous deadline my electorate This decision was made without any consultation with office was inundated with people who found
JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2011
Wednesday, 26 October 2011 ASSEMBLY 4891 themselves caught out by this decision. They were JUSTICE LEGISLATION FURTHER frantically trying to get their inspections done and AMENDMENT BILL 2011 trying to find the right paperwork and get it to their supplier on time. My office alone assisted a number of Statement of compatibility people by faxing their documents for them. Many of these people were pensioners who thought they were Mr CLARK (Attorney-General) tabled following doing the right thing by investing in solar panels only to statement in accordance with Charter of Human find themselves shafted by this government. The Rights and Responsibilities Act 2006: Central Victoria Solar City group located in Castlemaine had over 300 people in one week calling In accordance with section 28 of the Charter of Human Rights and asking for clarification about the cut-off date for the and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Justice higher rate and for assistance to meet the government’s Legislation Further Amendment Bill 2011. deadline. People missed out on the cut-off and they are angry; they will not forget. In my opinion, the Justice Legislation Further Amendment Bill 2011, as introduced to the Legislative Assembly, is There is mounting evidence that feed-in tariffs are compatible with the human rights protected by the charter act. helping to reduce energy demand, especially when it is I base my opinion on the reasons outlined in this statement. hot and power is at its most expensive. They defer Overview of bill infrastructure spending and lower overall electricity prices, which is completely contrary to the The purpose of the bill is to amend: scaremongering of the Minister for Energy and 1. section 49(12) and 50(2) of the Major Crime Resources and others who claim that paying some (Investigative Powers) Act 2004 to extend the operation homeowners a feed-in tariff increases prices for of s 49 (Contempt of Chief Examiner) and 50 (No everybody else. This bill means that households double jeopardy) to 1 January 2016; installing smaller solar systems will now only be able to apply for the transitional 25-cent tariff that will be in 2. section 328(c) of the Criminal Procedure Act 2009 to place for five years. This effectively means that the allow police prosecutors to represent protective services officers who are informants in criminal proceedings in minister can shut down the scheme at any time. the Magistrates’ Court; and
Some households have invested around $30 000 in their 3. section 2 of the Road Safety Amendment (Hoon Driving solar system. The transitional feed-in tariff of just and Other Matters) Act 2011 to remove the default 25 cents per kilowatt hour is barely above the retail commencement date applicable to sections 11, 13, 14, price. It is unlikely that they will be able to pay off their 15, 16, 17 and 22 of that act, being provisions that are dependent upon the commencement of the system within 10 years. According to the Alternative commonwealth Personal Property Securities Act 2009. Technology Association, if there is no value for the exported electricity from their solar system after five Human rights issues years and households export half or more of their solar power, as many households do, it will be closer to 15 or Human rights protected by the charter that are relevant to 20 years before the system is paid off. the bill Clauses 3 and 4 of the bill extend the operation of sections 49 The bill reflects the Liberal-Nationals coalition and 50 of the Major Crime (Investigative Powers) Act 2004, government’s lack of commitment or even interest in which would otherwise cease on 1 January 2012. regional Victoria — in investing in regional jobs, in supporting regional families — and is a damning Section 49 prescribes the circumstances in which a person attending the chief examiner in answer to a witness summons indictment of its lack of concern or interest in investing is guilty of contempt and sets out the procedure by which a in any renewable energy in this state. This government person may be charged and detained. The provision engages has become a carbon copy of its federal mates. The bill the liberty rights in section 21 of the charter act as well as the reveals its true nature: its members are climate change criminal procedure rights in section 25. sceptics and climate change deniers, and they will stop Section 50 protects the right against double jeopardy in at nothing when it comes to putting political section 26 of the charter act by ensuring that while a person opportunism ahead of regional jobs and the may be able to be proceeded against in respect of an offence environment. Labor opposes this bill. under the act and a contempt of the chief examiner, but is not liable to be punished more than once for the same act or Debate adjourned on motion of Mr GIDLEY omission. (Mount Waverley). The proposed amendment to section 328 of the Criminal Procedure Act 2009 does not raise any issues in relation to Debate adjourned until later this day. human rights protected by the charter act.
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Liberty rights appear on behalf of a protective services officer acting Although section 49 enables detention of persons, that as the informant in criminal proceedings in the detention is compatible with the liberty rights in section 21 of Magistrates Court. The amendment is consistent with the charter act. Detention occurs in prescribed circumstances the existing section that allows a police prosecutor to and in accordance with clear procedures and cannot be appear on behalf of the informant in such proceedings regarded as arbitrary. The right to be brought promptly before where the informant is a member of the police force. a court is given effect to through the procedures set out in subsections (3) to (9). Secondly, the bill amends the Major Crime Criminal procedure rights (Investigative Powers) Act 2004 to extend the duration of the operation of contempt powers currently available Although there are questions raised in other jurisdictions as to whether and when contempt proceedings amount to a to the chief examiner where a person fails without criminal charge so as to engage the criminal procedure rights reasonable excuse to answer questions, produce in section 25 of the charter act, the provisions in the act are documents, be sworn or make an affirmation, or compatible with those rights. otherwise behave in a manner that would constitute Section 49(2) requires the chief examiner to issue a written contempt of the Supreme Court. In addition, the certificate charging the person with contempt and setting out amendment will ensure that a person who is guilty of or attaching details of the alleged contempt. This would both an offence under the act and contempt is only satisfy the right to be informed of the nature and reason for prosecuted once. the charge in section 25(2)(a) of the charter act. Although section 49 does not expressly require provision of the charge Under the current provisions, the ability of the chief to the arrested person, police officers are public authorities and would therefore be required to act compatibly with the examiner to take action against a person for contempt charter and ensure this occurs. and the protection against double jeopardy where a person is guilty of both an offence under the act and Section 49(11) provides that a certificate of charge is contempt will cease from 1 January 2012. The bill evidence of the matters set out in or attached to it. This provision engages the right to examine, or have examined, extends the sunset period in sections 49(12) and 50(2) witnesses against him or her, unless otherwise provided for by to 1 January 2016. The amendments allow the law. However, I consider the right is not limited by this continuation of the provisions to be revisited by the evidentiary provision as it does not prevent the chief examiner Parliament at a later time. from being called to give evidence and be cross-examined in the event the matters set out in or attached to the charge are Finally, the bill amends the Road Safety Amendment disputed. (Hoon Driving and Other Matters) Act 2011 to ensure Section 49(1) provides that a person is guilty of contempt if that certain provisions of that act will not come into the person fails without reasonable excuse to: produce a operation prior to the provisions of a related document or other thing; or refuse or fail to answer certain questions. This provision imposes an evidential burden only commonwealth act. on an accused to raise the possibility of a reasonable excuse. Ultimately, the burden remains on the prosecution to prove The personal property securities register is to be the offence beyond reasonable doubt. Accordingly, I consider established under the commonwealth Personal Property that the provision does not limit the right to be presumed Securities Act 2009. It represents arguably the largest innocent in section 25(1) of the charter act. reform to security interests in goods ever undertaken in Conclusion this country. The commonwealth recently advised that the commencement of the Personal Property Securities For the reasons given in this statement, I consider that the bill Act 2009 has been delayed from October 2011 to late is compatible with the Charter of Human Rights and Responsibilities Act 2006. January 2012. There is a risk that the commencement may be delayed further still. Robert Clark, MP Attorney-General This delay has ramifications for certain, as yet unproclaimed, provisions in the Road Safety Second reading Amendment (Hoon Driving and Other Matters) Act Mr CLARK (Attorney-General) — I move: 2011, which amend the Road Safety Act 1986 and the Police Regulation Act 1958. Those amendments will, That this bill be now read a second time. when they come into force, provide that where the police are taking or have taken vehicle impoundment, The bill makes minor technical amendments to three immobilisation or forfeiture enforcement action with acts. respect to a vehicle, the Chief Commissioner of Police must lodge a notice, called a financing statement, with Firstly, the bill amends section 328 of the Criminal Procedure Act 2009 to allow a police prosecutor to
PLANNING AND ENVIRONMENT AMENDMENT (SCHOOLS) BILL 2011
Wednesday, 26 October 2011 ASSEMBLY 4893 the registrar of the commonwealth personal property or purchasing land for a school, or carrying out building work securities register. for a school or buildings ancillary to a school. This is consistent with and builds on the government’s The main purpose of the lodgement of a financing commitment to remove the requirement for non-government statement on the commonwealth register is to inform schools to pay a GAIC on land they currently own in growth any person considering purchasing the vehicle or taking areas. The bill will apply the policy to all government and a security interest in the vehicle of the enforcement non-government primary and secondary schools. action that has been taken or is pending with respect to The GAIC scheme establishes a requirement for persons the vehicle. This measure will help to protect subdividing, purchasing or undertaking building work on land consumers and security holders. in Melbourne’s growth areas to contribute to the provision of essential infrastructure in those areas. The provisions of the Road Safety Amendment (Hoon Three GAIC events trigger the imposition of a GAIC. These Driving and Other Matters) Act 2011 are currently are the issue of a statement of compliance relating to a plan of subject to a default commencement date of 1 February subdivision of land; making of an application for a building 2012. This default date was deliberately chosen to permit to carry out building work on land in the contribution ensure that the Victorian requirements will come into area; and the occurrence of a dutiable transaction relating to land in the contribution area. In each case, there are various force simultaneously with the commonwealth personal classes of actions which do not trigger GAIC. These are set property securities regime. out in the act and referred to as excluded events. The bill removes this default commencement date to The bill amends the act to make the issue of a statement of ensure that the relevant provisions of the Road Safety compliance for subdividing land solely to provide a site for a school, or making a building permit application to carry out Amendment (Hoon Driving and Other Matters) Act building work for the purpose of a school or ancillary 2011 will not commence operation until the buildings, excluded GAIC events. commonwealth personal property securities register commences operation. Human rights issues The bill does not engage any human rights protected by the I commend the bill to the house. charter act.
Debate adjourned on motion of Mr WYNNE Conclusion (Richmond). I consider that the bill is compatible with the charter act because it does not engage any human rights protected by the Debate adjourned until Wednesday, 9 November. charter act.
Robert Clark, MP PLANNING AND ENVIRONMENT Attorney-General AMENDMENT (SCHOOLS) BILL 2011 Second reading Statement of compatibility Mr CLARK (Attorney-General) — I move:
Mr CLARK (Attorney-General) tabled following That this bill be now read a second time. statement in accordance with Charter of Human Rights and Responsibilities Act 2006: The purpose of this bill is to amend the Planning and Environment Act 1987 (the act) to implement a In accordance with section 28 of the Charter of Human Rights government election promise to remove the and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Planning and requirement for non-government schools to pay a Environment Amendment (Schools) Bill 2011. growth areas infrastructure contribution, commonly referred to as GAIC, on land they currently own in In my opinion, the Planning and Environment Amendment growth areas. This bill implements the government’s (Schools) Bill 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by commitment to ensure a non-discriminatory approach the charter act. I base my opinion on the reasons outlined in between government and non-government school this statement. providers, and to ensure that any person or body establishing or expanding a school in a growth area will Overview of bill not be required to pay GAIC. The purpose of the Planning and Environment Amendment (Schools) Bill 2011 (the bill) is to amend the Planning and The GAIC scheme establishes a requirement for Environment Act 1987 (the act) to ensure that a person or persons subdividing, purchasing or undertaking organisation is not required to pay a growth areas building work on land in Melbourne’s growth areas to infrastructure contribution (GAIC) in respect of subdividing
PLANNING AND ENVIRONMENT AMENDMENT (SCHOOLS) BILL 2011
4894 ASSEMBLY Wednesday, 26 October 2011 pay to the state a contribution toward providing this term has the meaning that it has in the Building Act essential infrastructure for urban development in 1993. growth areas. This is separate from any requirement to pay a contribution toward local infrastructure under a Clause 4 of the bill amends section 201RF of the act, development contribution plan incorporated in a which sets out classes of excluded subdivisions of land planning scheme. that are not GAIC events. It adds an additional class of excluded subdivision — the subdivision of land solely A GAIC is a once-only charge. It is imposed when the for the purpose of creating a site for an existing or first GAIC event occurs in relation to land in a proposed school. A subdivision solely to provide land contribution area, unless the person liable to pay the for transport infrastructure or any other public purpose GAIC is exempted from the liability. If an exemption is already an excluded subdivision, which means that a applies, a GAIC is imposed in respect of the next GAIC subdivision solely to provide a site for a government event that occurs. school is not a GAIC event. It is inequitable that an equivalent subdivision solely to provide a site for a Three GAIC events trigger the imposition of a GAIC non-government school is a GAIC event. The bill (section 201RA of the act). These are the issue of a remedies this by inserting a specific exclusion that statement of compliance relating to a plan of applies to all schools. subdivision of land in the contribution area; making an application for a building permit to carry out building Clause 5 of the bill amends section 201RG of the act, work on land in the contribution area; and the which sets out excluded building work. Currently there occurrence of a dutiable transaction relating to land in are no excluded events which would cover all building the contribution area. In each case, there are various work for a school. The effect of the proposed classes of actions which do not trigger GAIC. These are amendment will be that building work to construct, set out in the act and referred to as excluded events. modify or extend any building for the purpose of a school or which is ancillary to a school will not be a In addition to excluded events, section 201TB of the act GAIC event. This could include a multipurpose hall or provides that no GAIC is payable in respect of a recreation building, a place of worship, or a preschool dutiable transaction relating to land if duty would not be centre, all of which could be seen as part of an chargeable under specified provisions of the Duties Act integrated school complex. The key point is that the 2000. These include section 45, which provides that no building must be ancillary to a school existing on the duty is chargeable in respect of a transfer of dutiable site. property to, or a declaration of trust over dutiable property to be held in trust for, a religious, charitable or The bill does not include any provisions relating to educational purpose, or a corporation or body of GAIC charges that have already been imposed on land persons established for a religious, charitable or to be developed for a school. These may be effectively educational purpose. The State Revenue Office has built into the cost of a school site which may, for advised that section 45 of the Duties Act 2000 applies example, be purchased as part of a comprehensive to the transfer of dutiable property to a school, or to the development estate. Addressing this issue will be relevant minister for school purposes. Therefore no complex. Rather than delay action on remedying the provision is required in this bill to exempt the purchase specific problem referred to in the government’s of land by school providers from triggering GAIC. election policy, this matter will be addressed after further consideration. The bill amends the act to make subdividing land solely to provide a site for a school, or making a building The important point is that as a result of the changes permit application to carry out building work for the implemented by this bill, no school provider will be purpose of a school or ancillary buildings, excluded required to pay a GAIC as a result of any action taken GAIC events. directly to subdivide land solely to provide a site for a school, purchase a site for a school, or obtain a building I will now refer to the key provisions of the bill. permit for any building work to establish, expand or Clause 3 of the bill defines a school in terms of the improve a school. Education and Training Reform Act 2006. The new exclusions will apply to primary schools and secondary I commend the bill to the house. schools, not to preschool or tertiary education facilities. The clause also inserts a definition of construction to Debate adjourned on motion of Mr WYNNE make it clear that for the purposes of part 9B of the act, (Richmond). Debate adjourned until Wednesday, 9 November.
LIQUOR CONTROL REFORM FURTHER AMENDMENT BILL 2011
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Business interrupted pursuant to sessional orders. demerit points, and will receive demerits where nominated offences occur. The accrual of demerit points will lead to Sitting continued on motion of Mr O’BRIEN automatic suspension, and the suspensions are not reviewable or appealable. These amendments therefore engage the right (Minister for Gaming). to a fair hearing.
Section 24 of the charter act provides that a person charged LIQUOR CONTROL REFORM FURTHER with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a AMENDMENT BILL 2011 competent, independent and impartial court or tribunal after a fair and public hearing. This right has been interpreted as Statement of compatibility encompassing proceedings which are determinative of private rights and interests in the broad sense, including Mr O’BRIEN (Minister for Consumer Affairs) administrative proceedings. tabled following statement in accordance with Charter of Human Rights and Responsibilities Act Under the Infringements Act 2006, individual convictions and infringements can be appealed, including the nominated 2006: offences that will lead to demerit points under the principal act once amended. As such, licensees have an opportunity to In accordance with section 28 of the Charter of Human Rights a fair hearing in each instance that a conviction or and Responsibilities Act 2006 (charter act), I make this infringement is received. Further, the responsible minister statement of compatibility with respect to the Liquor Control will have the power to change (delay or shorten) or cancel a Reform Further Amendment Bill 2011. suspension in exceptional circumstances. ‘Exceptional circumstances’ is defined broadly to provide the minister with In my opinion, the Liquor Control Reform Further the power to change a suspension when the benefits of the Amendment Bill 2011 (the bill), as introduced to the suspension are outweighed by the costs to the community. Legislative Assembly, is compatible with the human rights Licensees are able to seek the minister’s consideration of protected by the charter act. I base my opinion on the reasons exceptional circumstances at the time at which they were outlined in this statement. notified of an upcoming suspension. Should the minister require, the suspension will be able to be delayed until the Overview of bill minister has determined whether it is to be changed in any The purpose of the bill is to amend the Liquor Control way. Reform Act 1998 (the principal act) to: Accordingly, I consider that the suspension provisions in the a. introduce a 5-star rating system that will reward bill are compatible with the right to a fair hearing in responsible liquor licensees with discounts on their section 24 of the charter act. annual liquor licensing renewal fees; Conclusion b. introduce a demerit points system applicable to liquor For the reasons given in this statement, I consider that the bill licensees where demerit points are incurred for is compatible with the Charter of Human Rights and nominated offences, and once a demerit point threshold Responsibilities. is met the licence will be automatically suspended for a set period of time; Michael O’Brien, MP Minister for Consumer Affairs c. introduce a new category of licence for wine and beer producers to simplify and modernise the existing Second reading regulatory regime for vignerons;
d. reflect in the objects of the act the importance of live Mr O’BRIEN (Minister for Consumer Affairs) — I music to the hospitality industry and the broader move: community; That this bill be now read a second time. e. ensure that licensees that exclusively supply packaged liquor obtain a packaged liquor licence; and This bill amends the Liquor Control Reform Act 1998 to fulfil a number of the government’s election f. make a number of other minor and technical commitments made in the Victorian Liberal Nationals amendments. Coalition Plan for Liquor Licensing. This is the second The bill also makes a consequential amendment to the tranche of election promises being implemented by the Infringements Act 2006. Baillieu government in regard to liquor, following the commencement of new secondary supply laws in Human rights issues August this year, and the introduction of new powers Fair hearing rights and tougher fines to combat public drunkenness and maintain public order in October. The bill introduces a star rating and demerit points system for licensees and permittees. Licensees and permittees will receive a discount off their renewal fees where they have no
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This bill will bring about some significant Under the demerit points system, liquor licences will be enhancements to the Liquor Control Reform Act 1998, automatically suspended when a venue accumulates including introducing a 5-star rating and demerit points sufficient demerit points. system for liquor licensees that will reward responsible licensees and penalise those that repeatedly do the Demerit points will be applied for ‘non-compliance wrong thing. incidents’, which are defined as paid infringements, successful prosecutions and infringements that are It will replace the outdated vigneron’s licence with a unpaid and in respect of which enforcement orders have new wine and beer producer’s licence that is more been issued, for the same relevant offences that apply to flexible and representative of modern Victorian winery the 5-star rating system. One non-compliance incident and brewery businesses. will incur one demerit point.
Further, the bill will recognise the important role the There will be three suspension thresholds. Five demerit live music industry plays in the hospitality industry and points within a three-year period will lead to a 24-hour the broader community, and will address an inequality suspension; 10 demerit points will lead to a 7-day in the way packaged liquor outlets are regulated by suspension; and 15 demerit points will lead to a 28-day ensuring that licensees that exclusively sell packaged suspension. liquor have a packaged liquor licence. Finally, the bill makes a range of minor and technical amendments that The bill provides that the Victorian Commission for will improve the operation of the Liquor Control Gambling and Liquor Regulation must maintain a Reform Act 1998. demerits register, which must record details of demerit points. The commission will be required to notify a Five-star rating and demerit points system licensee or permittee within a certain period of time when a demerit point has accrued in relation to their The bill establishes a 5-star rating and demerit points licence, and when a suspension of the licence is system, which will reward licensees who behave pending. The commission may publish on its website responsibly and penalise those who repeatedly do the details associated with a licence, including the star wrong thing. rating and demerit point level of all licences.
Under the 5-star rating system, licensees will receive The bill also provides an equitable framework to enable discounts on their annual licence fees if they the commission to calculate on what date a suspension consistently obey relevant liquor laws. All licensees is to take place. The suspension must commence either will commence at a 3-star rating. Once the scheme is on the same day of the week as the day that the established, 3-star rated licensees will move to a 4-star non-compliance incident occurred that resulted in the rating if they have not committed any relevant latest demerit point being recorded; or, if the last infringements in the previous 24 months. If they non-compliance incident occurred between 12.01 a.m. continue to comply with liquor laws, they will move to and 7.00 a.m., the suspension must begin on the same a 5-star rating 12 months later. However, if a licensee day of the week as the previous day that the incident subsequently commits a relevant offence, they will lose occurred. For example, if the demerit point occurred at the higher star rating and will no longer qualify for the 2.00 a.m. on a Sunday, the suspension must begin on a fee discount. Saturday.
The ‘relevant offences’ are those under sections 108(4), Further, the suspension must begin on a day no less 119 or 120 of the Liquor Control Reform Act 1998. than 14 days after the date of the notice being provided These offences relate to the presence on licensed to the licensee or permittee, and no more than 60 days premises, and service of, minors and intoxicated after the date that the latest demerit point was recorded patrons. They are the same offences that underpin the on the demerits register. existing compliance history risk fee. The minister will have a power to delay, cancel or The details of the 5-star rating system are not contained shorten a suspension in cases in which he considers that in the bill. Rather, the bill creates a new the cost to the community of the suspension would regulation-making power so that the details of the 5-star outweigh the benefits. Where a suspension is cancelled rating scheme can be prescribed in the Liquor Control or reduced, alternative enforcement action will be Reform Regulations 2009. explored for that licensee.
If a licence or permit that has accrued demerit points has been transferred to another person under section 32
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Wednesday, 26 October 2011 ASSEMBLY 4897 of the Liquor Control Reform Act 1998, the new where tourists travelling through Wangaratta can licensee or permittee may apply to the commission to sample the winery’s product and purchase sealed remove any demerit points from the demerits register bottles to take home. These activities will all now be accrued before the transfer. There will be a fee in captured by the new licence. relation to this application, and the bill sets out a number of factors that the commission may consider in The wine and beer producer’s licence also provides for making its decision. an optional authorisation to be included on the licence that will permit the licensee to attend an unlimited Wine and beer producer’s licence number of promotional events, at which the licensee’s product is authorised to be supplied for consumption by The bill will introduce a new wine and beer producer’s the glass at the event or in sealed bottles to take away. licence to replace the existing vigneron’s licence. The This optional authorisation allows wineries and vigneron’s licence is viewed as being too restrictive and breweries to attend events to promote their product complex by industry, is not sufficiently flexible to under the same licence that authorises the range of cover all the activities undertaken by a modern winery, other activities undertaken at the licensed premises. and does not cater for breweries at all. This has resulted This innovation removes the burden for licensees of in some wineries and breweries, most of which are needing to apply for a temporary limited licence each small businesses, often being required to obtain several time they wish to attend a promotional event, saving the licences and as a result incur multiple fees and licensee time and money. The annual cost of the significant administrative burden. additional authorisation is the same as the cost of one temporary limited licence. Licensees that have obtained The new wine and beer producer’s licence will the authorisation will be able to attend all events other authorise wine and beer producers to supply the than major events (as defined in the act) and licensee’s own product to any other licensee, the horseracing events. licensee’s own product from the licensed premises for off-premises consumption, any liquor from the licensed The new licence is designed for producers of wine, premises for on-premises consumption (for example, at cider, brandy, perry and beer, in particular small a restaurant or function centre) and the licensee’s own businesses, who produce a product that is uniquely product by way of email, telephone, facsimile theirs. As such, in the case of wine, cider, brandy and transmission, internet or other electronic perry, the eligible producers will either grow their own communication. fruit and produce the product themselves; grow their own fruit but have financial responsibility for someone Supply of liquor under the wine and beer producer’s else producing the product; purchase fruit grown in licence will be authorised from two premises: a primary Australia from someone else and produce the product premises and a retail premises. The primary premises themselves; or purchase fruit grown in Australia from will be the premises used by the licensee for the someone else and have financial responsibility for production, storage or distribution of liquor that is the someone else producing the product. In the case of licensee’s product. At the primary premises, all beer, the product must be brewed by or at the direction activities under the licence are authorised to take place. of the licensee and the licensee assumes the financial The retail premises, on the other hand, is designed for risk. In all circumstances, the product must be uniquely those wineries and breweries that have a retail outlet the licensee’s own. that is in a different location from their primary winery or brewery site. The retail premises must be within the The bill sets out transitional provisions for existing same wine growing region as the production premises, vigneron’s licence-holders to automatically transfer to and the only form of supply authorised here is the the new wine and beer producer’s licence. It also allows supply of the licensee’s own product for off-premises for producers that currently hold another type or types consumption. That is, at the retail premises only of licence to choose to transfer to the new licence if tastings and take-away sales are permitted. An example they are eligible and wish to do so. Licensees in either is a winery 5 kilometres out of Wangaratta. This of these scenarios that currently have more than one premises is where the winery has its vineyard and licence will have the opportunity to effectively where the production facilities are situated. Also at this consolidate these licences into one. The transitional site, the winery has a storage facility from which it fills provisions in the bill provide that holders of other internet orders, a restaurant and a warehouse where licences will have 12 months from the date of bottle shops can purchase the licensee’s product commencement to transition to the new licence without wholesale. However, this winery also has a cellar door needing to pay a variation fee or being subject to in the Wangaratta town centre. This retail outlet is planning approval or display requirements. After that
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4898 ASSEMBLY Wednesday, 26 October 2011 date, eligible licence-holders remain able to transfer to Minor and technical amendments the new licence, but will be required to pay the requisite licence variation fee and will need to comply with the The bill also includes a number of minor and technical planning and display requirements as per any variation amendments to improve the operation of the act. of licence category under the act. In switching to the new licence during the transition period, the conditions For example, the bill will clarify that the directors of a a licensee currently has on their licence will be body corporate which holds a licence are liable as if replicated on the new licence. This is so there is not a they were the licensee. An equivalent amendment will need for the licensee to seek further planning be made in relation to the members of the committee of permission to undertake new activities, making the management of an unincorporated club that holds a transition process a simple and seamless one for licence. licensees. In addition, the bill will provide the commission with Live music discretion to decide whether to grant a licence to premises that are intended by the occupier of the The bill amends the objects of the act to recognise the premises to be primarily used by people under the age role of live music in licensed venues as a valued part of of 18 years. This amendment will allow the the hospitality and entertainment industries. Live music commission to grant a licence to premises that are for is an important part of the social and cultural fabric of the most part used by people under the age of 18 years our state. Many of our greatest musical talents have but on some occasions have a legitimate reason for honed their craft in the pubs and bars and lounges of seeking a licence, such as schools or junior sporting Victoria. The existence of a variety of live music clubs that seek a licence for fundraising events venues is critical to nurturing young musical talent. involving parents or other adult supporters. Live music also provides an important economic benefit for Victoria, with many people employed The bill will clarify that a packaged liquor licence and a directly and indirectly in the industry. It is important late night (packaged liquor) licence may authorise that liquor licensing law reflects the economic and trading on Christmas Day and/or Good Friday. This social contribution of live music to Victoria. power was unintentionally removed following amendments to the act that commenced on 1 January Amending the objects of the act will reflect the 2010. The amendment will also validate any decision significance of live music to the hospitality industry and made by the commission or the former director of the wider community and ensure that live music is an liquor licensing since 1 January 2010 that relied on this ongoing consideration across all liquor licensing power. decisions. I commend the bill to the house. Packaged liquor Debate adjourned on motion of Ms NEVILLE Under existing licensing arrangements, a general (Bellarine). licensee may exclusively supply packaged liquor, ostensibly operating a bottle shop while avoiding the Debate adjourned until Wednesday, 9 November. higher fee and additional regulatory requirements of a packaged liquor licence. Accordingly, general licensees MINES (ALUMINIUM AGREEMENT) trading in this way attract an unfair competitive AMENDMENT BILL 2011 advantage over packaged liquor licensees. Statement of compatibility The bill addresses this anomaly by prohibiting the exclusive supply of packaged liquor under a general Mr O’BRIEN (Minister for Energy and Resources) licence. As a result, licensees operating a typical bottle tabled following statement in accordance with shop will have to obtain a packaged liquor licence and Charter of Human Rights and Responsibilities Act adhere to the same requirements as other comparable 2006: licensed premises. This amendment will prevent instances of this inequity arising in future and will In accordance with section 28 of the Charter of Human Rights establish a more even playing field amongst packaged and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Mines liquor outlets. (Aluminium Agreement) Amendment Bill 2011.
In my opinion, the Mines (Aluminium Agreement) Amendment Bill 2011 (the bill), as introduced to the
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Legislative Assembly, is compatible with the human rights The agreement was validated by the Mines (Aluminium protected by the charter act. I base my opinion on the reasons Agreement) Act 1961. The agreement gives Alcoa the outlined in this statement. right to mine coal in the leased area. Overview of bill It was an important agreement in its day and continues The purpose of this bill is to amend the Mines (Aluminium to be so today because the government is committed to Agreement) Act 1961 (the act). The amendments to the act are of a minor and technical nature. The bill also enables the the responsible development of Victoria’s natural Minister for Energy and Resources (the minister) to authorise resources, and to attracting more jobs and investment to the acquisition of an interest in land by Alcoa of Australia Pty our state in the minerals and resources sector. Ltd. This bill will further that commitment. It will amend the Human rights issues mines aluminium agreement and make a series of Property rights amendments to the Mines (Aluminium Agreement) Act 1961. Clause 11 of the bill inserts a new section 7A into the act, enabling the minister to authorise the compulsory purchase of The bill ratifies, validates and approves the mines an interest in land. aluminium agreement entered into by Alcoa and the Section 20 of the charter act provides that a person must not state in 1961 by amending and restating the agreement. be deprived of their property other than in accordance with It reflects the extension of the agreement for a further the law. This means that any law that deprives a person of term of 50 years, a legal option provided to Alcoa by their property must be sufficiently precise, accessible and should not allow arbitrary interference with property. the 1961 agreement and which Alcoa advised the state of Victoria in 2008 that it is exercising. The terms set Clause 11 of the bill provides that the Land Acquisition and out in the amended agreement reflect the willing Compensation Act 1986 (land acquisition act) will apply to negotiations undertaken by both parties to achieve the acquisition of interests in land under the bill. Acquisition of land under the land acquisition act gives rise to a right to long-term benefits for the regional community, the compensation on just terms. Parties with an interest in the economy of Victoria, Alcoa’s ongoing operations in land to be acquired may dispute any offer of compensation, this state and significantly improved environmental and disputed compensation claims may be submitted for outcomes. review by the Victorian Civil and Administrative Tribunal or the Supreme Court of Victoria. Furthermore, the land Alcoa makes a significant contribution to the Victorian acquisition act sets out clear notification requirements and procedures for acquisition and the lawfulness of an economy, including annual sales of $1.6 billion and acquisition may be challenged through judicial review. expenditure of $770 million. It also employs Authorisation to acquire land will thus only be given as the approximately 1550 people and 250 contractors. result of a detailed and transparent statutory process involving the consideration of the rights and interests of all affected New definitions parties.
Accordingly, there is no limitation of the property right under The amendment agreement updates the plan of the section 20 of the charter act, because any deprivation of lease area to correlate with the definitions of ‘leased property would be in accordance with law. area’, ‘freehold land’, ‘purchased land’ and ‘prior land’ and a copy of the plan will be lodged with the Central Conclusion Plan Office and accessible to the public. The For the reasons given in this statement, I consider that the bill amendment agreement amends the definitions of ‘prior is compatible with the charter act. land’ and ‘purchased land’ to provide clarity on Michael O’Brien, MP descriptions of these areas of land which are subject to Minister for Energy and Resources the agreement. These definitions refer to parcels of land within the boundary of or adjacent to the leased area Second reading that Alcoa owns. These definitions are largely of historical significance only. The definition of ‘specified Mr O’BRIEN (Minister for Energy and area’ used in the agreement is a new term introduced Resources) — I move: into the agreement which refers to the specific area That this bill be now read a second time. where mining operations are authorised under the deemed approved work plan and any area which has On 22 November 1961, the state and Alcoa entered into been the subject of an approved mine extension plan. a 50-year agreement supporting the development of the Point Henry aluminium smelter and the operation of the power station and associated coal mine at Anglesea.
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Application of the Mineral Resources (Sustainable mine operation. The 1961 agreement provides only Development) Act 1990 limited references to environmental issues in relation to the operations of the mine and does not outline any Alcoa’s mining operations on the leased area will now systematic and comprehensive approach to the be regulated by the Mineral Resources (Sustainable management of environmental issues. Development) Act 1990, with the exception of that act’s rent and royalties, and compensation regimes. Mining operations to 2016 will occur within the current This will bring the Alcoa mine largely into line with the detailed mining area and include removing overburden compliance requirements that apply to all other coal (the removal of soil, lying above the coal resource) and mines in Victoria and provide for a clear and the underlying coal for approximately 10 hectares of transparent regulatory regime that was not evident land. Beyond 2016, the proposed mining operations under the 1961 agreement. outlined in the work plan extend beyond the current mining area into 246 hectares of the adjacent land in Key benefits that derive from the adoption of this stages which provide for progressive mining and regulatory regime include the requirement for a work rehabilitation over the next 50 years. This means that plan which now provides a transparent outline of the the work plan provides for increased mining operations work to be undertaken in the next 50 years within the over the next 50 years in 246 hectares of the total leased specified area. Future mining proposals that seek to area of 7145 hectares, or 3.4 per cent. This adjacent mine coal outside the specified area will attract the land is currently the subject of a separate cooperative variation to work plan processes under the Mineral agreement between Alcoa and the Department of Resources (Sustainable Development) Act 1990 for the Sustainability and Environment that provides for the review of operational and environmental issues. protection and management of the Anglesea Heath.
The application of the rehabilitation provisions ensures Alcoa has established an environment management that Alcoa must provide a significant rehabilitation system which includes an environmental policy and bond and develop a rehabilitation plan to ensure that the plans and management programs to ensure that land is properly rehabilitated after mining work has activities at Anglesea are managed to minimise impacts been completed. on the environment. The work plan also includes a mine rehabilitation and closure plan and an The powers of the state to ensure Alcoa’s compliance environmental management plan that addresses water with the deemed work plan are strengthened by the management, hydrocarbon and waste management, adoption of the Mineral Resources (Sustainable dust and noise control and provides for the preparation Development) Act 1990 as inspectors under the act of a regular environment improvement plan. The have powers of entry, seizure, to give directions, and to community engagement plan outlines a process for execute warrants. Inspectors can also issue identifying community issues and documentation of infringement notices and order Alcoa to cease work. No stakeholder engagement. such powers were available to the state under the 1961 agreement. Victoria’s native vegetation management framework for action applies to mines established since the Compensation introduction of the framework in 2002. As the Alcoa Alcoa’s obligations to pay compensation to the owner, Anglesea mine predates the framework, it does not occupier or lessee from the Crown of any adjoining apply to Alcoa’s current mining operations. land, in respect of any damage caused by Alcoa under Accordingly, Alcoa has no legal obligation to comply the agreement have been retained in preference to the with the framework in the work plan endorsed by the compensation scheme under the Mineral Resources Department of Primary Industries for the next 50 years (Sustainable Development) Act 1990. Alcoa regards the of mining activity. However, the maintenance of the latter provisions as involving a significant and Anglesea Heath area (outside the specified area to unquantifiable risk, compared to its existing which the work plan applies) by Alcoa provides an obligations. implicit offset to the mining operations within the specified area. Further, if Alcoa decides to undertake Management of environmental impacts and the work outside the specified area, then Alcoa will be Anglesea Heath required to comply with native vegetation offsets.
The new agreement provides for a new clause 21D to Clause 21D will give Alcoa and the community outline a process for the assessment of additional certainty as to how additional significant environmental significant environmental impacts beyond the current impacts will be assessed and provides the Victorian
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Wednesday, 26 October 2011 ASSEMBLY 4901 government and community with a transparent process definition of this term when the amendment agreement that has not previously existed under the 1961 comes into effect. In order to overcome this problem, agreement. the term will be defined as having the meaning that it had in the act immediately before the commencement The process in clause 21D is modelled on an of the bill so that the current definition is effectively environmental assessment process applied to mine preserved. The bill also updates legislative references to expansions under section 42A of the Mineral Resources other acts and deletes provisions that are no longer (Sustainable Development) Act 1990 where planning applicable. permits are not required for some work variations. In a broader context, this process will form part of a wider The bill makes it clear that the Occupational Health and assessment undertaken by the Department of Primary Safety Act 2004 applies to Alcoa’s Anglesea mining Industries in relation to Alcoa’s work plan to assess all operations in the same manner that the act applies to all the implications of the mine expansion proposal other mines in Victoria. There has been some consistent with the approach adopted for all other mines uncertainty about the status of the Anglesea mine in the in Victoria. past because the term ‘mine’ in the relevant occupational health and safety regulations was A key element of the proposed process is that it previously defined as a place at which work is done provides for interdepartmental consultation regarding under a mining licence granted under the Mineral the potential for additional significant environmental Resources (Sustainable Development) Act 1990. Alcoa impacts of any proposed future mine expansion. The does not have a mining licence under the act as its right outcome of this preliminary consultation is to provide to mine is conferred by the agreement. This amendment feedback to Alcoa and enable refinement of a proposal to the agreement ensures that consistent obligations are for a mine extension including its environmental imposed on the Alcoa Anglesea operation to protect the management. Advice must also be sought from the health and safety of all workers. minister responsible for the Environment Effects Act 1978 concerning the proposal. If this advice confirms The bill gives effect to clauses 21A and 21B of the potential for additional significant environmental agreement. Clause 21A provides that the work plan impacts, the process provides for the Minister for prepared by Alcoa and endorsed by the Department of Planning to require Alcoa to prepare an environmental Primary Industries is deemed to be an approved work impact and management report. This report and related plan under the Mines (Aluminium Agreement) consultation together with relevant expert advice would Act 1961 and that Alcoa is also deemed to have a work underpin an assessment of the proposal by the Minister authority. Deeming an agreed work plan to exist at the for Planning. commencement of the agreement balances the state’s objective of ensuring that the Mineral Resources The assessment also informs a decision on the mine (Sustainable Development) Act 1990 applies to Alcoa’s extension proposal and conditions that might be future mining operations, while giving Alcoa adequate imposed in the work plan other than conditions that are certainty that its existing right to mine under the inconsistent with the company’s rights under the agreement is maintained and the validity of such rights agreement. is not disturbed. This also forms the basis for the environmental review process to apply to the specified As part of the broader environmental management area to which the work plan applies. strategy of which the mines aluminium agreement is a part, Alcoa has also agreed to review the Anglesea Clause 21B provides that for the avoidance of doubt the Heath Cooperative Land Management Agreement 2000 Aboriginal Heritage Act 2006 applies as far as which focuses on the management of the Anglesea reasonably practicable to Alcoa’s Anglesea mining Heath in the area not being mined by Alcoa. operations. Clause 21B makes a clear statement regarding the value of indigenous cultural heritage to Technical and other amendments the state of Victoria and the bill requires Alcoa to The bill also makes a number of technical amendments. prepare a cultural heritage management plan before any For example, the bill amends the Mines (Aluminium mining activity authorised by the work plan is Agreement) Act 1961 to include a new definition of the undertaken except where the area has been subject to term ‘reserve area’. This term is currently used in previous significant ground disturbance. section 5 and section 6 of the act, and is defined by The bill also includes a new section 7A in the principal reference to the definition included in the agreement. act that enables Alcoa to apply to the minister for However, the agreement will no longer include a approval to compulsorily acquire an interest in land for
STATE TAXATION ACTS FURTHER AMENDMENT BILL 2011
4902 ASSEMBLY Wednesday, 26 October 2011 the purposes of the agreement. This provision has been STATE TAXATION ACTS FURTHER inserted to preserve Alcoa’s existing rights under the AMENDMENT BILL 2011 agreement. The agreement currently refers to powers of compulsory acquisition contained in section 26 of the Statement of compatibility State Electricity Commission Act 1958. That section has been repealed, and the new section 7A of the Mr WELLS (Treasurer) tabled following statement principal act effectively replicates what was previously in accordance with Charter of Human Rights and in section 26 of the State Electricity Commission Responsibilities Act 2006: Act 1958. In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I table a statement The bill also repeals the Mines (Aluminium of compatibility for the State Taxation Acts Further Agreement) (Brown Coal Royalties) Act 2005 which Amendment Bill 2011 (the bill). has never come into operation. This act was passed by the Parliament on the understanding that it would not In my opinion, the bill, as introduced to the Legislative Assembly, is compatible with the human rights protected by come into operation without Alcoa’s agreement being the charter act. I base my opinion on the reasons outlined in obtained to amendments that sought to increase the this statement. royalties paid commensurate with the royalties paid by the other coal mines in Victoria. Alcoa has never Overview of bill agreed to an increase in royalties for the coal resource The purpose of this bill is to amend the Duties Act 2000 removed from the Anglesea mine. The negotiations to (duties act), the Land Tax Act 2005 (land tax act), the extend the current agreement resulted in the current Livestock Disease Control Act 1994 (livestock act), the royalty rate remaining unchanged, unless Alcoa uses Taxation Administration Act 1997 (TA act), the Payroll Tax Act 2007(payroll tax act) and Valuation of Land Act 1960 coal mined from the leased area to generate electricity (VL act). These amendments are aimed at clarifying the at a time when it is no longer operating its aluminium operation of Victoria’s revenue laws and maintaining their smelters at either Point Henry or Portland. If that currency to produce better outcomes for taxpayers. happens, then the royalty rates under the Mineral The duties act is amended to clarify the starting point for Resources (Sustainable Development) Act 1990 will calculating the eligible pensioner exemption and concession apply. In return for the royalty rate remaining from duty to ensure that the same level of benefit is available unchanged, the state has secured Alcoa’s acceptance for ‘off the plan’ purchasers and owner builders and to reduce that the mine will be subject to regulation under the the time period for the paying duty from 90 to 30 days. Mineral Resources (Sustainable Development) The primary production land exemption in the land tax act is Act 1990 which includes a significant rehabilitation amended to ease the eligibility criteria for land which cannot bond, and the application of a significant environmental be used for urban development, and clarify the application of impacts review process for future mine expansions. the exemption in respect of land owned by trusts, corporate trustees, and joint owners. The land tax act is also amended to The agreement and bill will provide a legal framework deem the manager of titles based time-sharing schemes to be the owner of the land for land tax purposes. for the future development of coal resources at Anglesea that will contribute to the economy of The payroll tax act is amended to limit the payroll tax Victoria and provide for significantly improved exemption for charities to wages paid for work, which environmental and socially sustainable development supports the charitable purposes of those organisations, and clarifies the application of the maternity and adoption leave including for our rural and regional communities. exemption in relation to part-time employees. Through the agreement, and the application of the Mineral Resources (Sustainable Development) Consequential amendments are made to the TA act and land Act 1990, the regulatory framework that applies to tax act in response to changes to the VL act, which give municipal councils the option to transfer to the valuer-general mining operations in Victoria will now complete its their responsibility for completing rating authority valuations. coverage to provide a consistent regulatory framework A number of minor technical amendments to the VL act are for all coal mines in Victoria. also made by this bill.
The bill reflects the government’s ongoing commitment Finally, the TA act and livestock act are amended to provide for the administration and enforcement of livestock duty to the sustainable development of Victoria’s mineral under the TA act. resources. 1. Human rights protected by the charter that are I commend the bill to the house. relevant to the bill
Debate adjourned on motion of Ms NEVILLE This bill engages the following human rights protected under (Bellarine). the charter act: right to privacy and reputation; and Debate adjourned until Wednesday, 9 November. recognition and equality before the law.
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The impact of the bill upon each of these rights is discussed in (a) What is the nature of the right being limited? turn below. The prohibition on discrimination is one of the cornerstones Right to privacy and reputation of human rights instruments and this is reflected in the preamble to the charter act. However, as with all rights Section 13(a) of the charter act provides that a person has the protected by the charter act, the section 8 right to equality right not to have his or her privacy, family, home or before the law may be subject to reasonable limitations, correspondence unlawfully or arbitrarily interfered with. pursuant to section 7 of the charter act.
Clause 46 of this bill provides that the secretary of the (b) What is the importance of the purpose of the limitation? Department of Primary Industries may disclose information obtained in relation to the administration of livestock duty to The purpose of this limitation is to reduce the cost of the commissioner of state revenue. downsizing for self-funded retirees. This limitation is important to ensure that older Victorians can access suitable This information will generally relate to livestock agents or accommodation within the communities in which they have farming enterprises, which are not protected by the charter formed connections and attachments, where they may not act. These provisions could nevertheless engage the right otherwise have been able to afford to do so. under section 13 of the charter act where the information relates to individuals carrying on these businesses as sole (c) What is the nature and extent of the limitation? traders. Holders of a commonwealth seniors card are entitled to a duty However, to the extent that this provision interferes with concession resulting in less duty being payable on the privacy, I consider that the interference is neither arbitrary nor purchase of a principle place of residence. However, the unlawful. The circumstances in which the information can be exemption or concession is available only once in a person’s disclosed, are limited and clearly set out in the bill. The lifetime, and access to the benefit is subject to a number of provision is not arbitrary because it ensures that the other eligibility criteria, including that the property purchased commissioner can administer and enforce livestock duty, must not exceed $750 000. thereby protecting the integrity of the funds used to pay compensation to farmers when livestock dies, or is ordered to (d) What is the relationship between the limitation and its be destroyed, on the outbreak of disease. purpose?
I therefore consider that these provisions do not limit the right There is a direct relationship between the limitation and the to privacy. purpose of assisting self-funded retirees living within restricted means to downsize their homes whilst remaining in Recognition and equality before the law the communities that they have lived in during their working lives. It is expected that this will contribute to their quality of Section 8(3) of the charter act provides that every person is life and the transition into retirement. equal before the law and is entitled to equal protection of the law without discrimination. Discrimination, in relation to a (e) Are there any less restrictive means reasonably person, means discrimination within the meaning of the Equal available to achieve its purpose? Opportunity Act 1995 on the basis of an attribute set out in section 6 of that act. There is no less restrictive means available.
Clause 26 of this bill clarifies the starting point for calculating For these reasons, I consider the limitation on section 8 of the pensioner concession from duty. The concession applies charter to be ‘reasonable’ in the circumstances. to reduce the duty payable by ‘eligible pensioners’ on the purchase of a principal place of residence. The pensioner Conclusion concession is available to certain concession card holders including holders of the commonwealth seniors health card I consider that the bill is compatible with the charter act. issued under the Social Security Act 1991 (cth). Qualification for the commonwealth seniors health card is dependent upon Kim Wells, MP a person’s age. ‘Age’ is a specified attribute under section 6 Treasurer of the Equal Opportunity Act 1995. Therefore, this amendment engages section 8 because it amends a law that Second reading limits access to a benefit on the basis of qualification for the commonwealth seniors health card which requires a person to Mr WELLS (Treasurer) — I move: be at least over 60 years of age. That this bill be now read a second time. 2. Consideration of reasonable limitations — section 7(2) This State Taxation Acts Further Amendment Bill 2011 On balance however, the limitations upon this right are amends the Duties Act 2000 (duties act), the Land Tax reasonable and justifiable in a democratic society for the Act 2005 (land tax act), the Livestock Disease Control purposes of section 7(2) of the charter act, having regard to Act 1994 (livestock act), the Taxation Administration the factors set out below. Act 1997 (TA act), the Payroll Tax Act 2007 (payroll tax act) and Valuation of Land Act 1960 (VL act).
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The Victorian government is committed to producing This bill amends the land tax act to deem the managers better outcomes for Victorian taxpayers. This bill of titles-based time-sharing schemes to be the owner of supports this commitment by making amendments to the timeshare resort for land tax purposes. This update and clarify Victoria’s revenue laws. These amendment will allow the SRO to continue the measures will make it easier for Victorians to comply administrative practice of assessing the managers of with their taxation obligations and introduce greater titles-based schemes rather than individual timeshare equity and fairness to the tax system. owners. This amendment is aimed at building a fairer and more equitable tax system by ensuring that The duties act provides an exemption and concession managers of titles-based and non-titles-based schemes from duty for eligible pensioners. Since being elected, are treated the same way under the land tax act. this government has demonstrated its commitment to reducing the cost of living by increasing the upper limit This bill also makes several other amendments to the for the duty concession from $440 000 to $750 000 and land tax act aimed at improving the operation of the extending the availability of the exemption and primary production exemption from land tax. This concession to holders of commonwealth seniors health government is committed to improving housing supply cards. This bill continues this reform by clarifying the and affordability. Therefore, to discourage land starting point for calculating the eligible pensioner banking, land that is within greater Melbourne and in exemption and concession from duty. Consistent with an urban zone must satisfy more stringent criteria to current administrative practice, this amendment will receive the primary production land tax exemption. ensure that the same level of duty benefit is available These requirements are not, however, intended to apply for ‘off the plan’ purchasers and owner-builders, to land that cannot be used for urban development as a providing greater equity in the application of the result of planning restrictions. Accordingly, this bill exemption. amends the definition of ‘urban zone’ to ensure that certain parts of the urban zone can be excluded from This bill will also amend the duties act to reduce the these requirements in line with the intended operation time period for paying duty from 90 days to 30 days. of the exemption. This bill will also make a number of The government is committed to building a more minor amendments aimed at clarifying the application sustainable budget position for Victoria. This measure of the exemption in respect of land owned by trusts, supports this commitment by bringing forward corporate trustees, and joint owners. Importantly, it additional revenue into the 2011–12 financial year and clarifies that the exemption is available in relation to providing the government with earlier access to funds land held by trustees of certain discretionary trusts. which are used directly to benefit Victorians. It is an economically responsible measure that does not result This bill makes a series of amendments to the TA act in Victorians paying more tax — 85 per cent of duty is and the land tax act, in response to changes to already remitted within 30 days. However, in Victoria’s valuation system, which give municipal recognition that some businesses may need to adopt councils the option to transfer to the valuer-general new working methods and practices to implement this their responsibility for completing valuations for rating measure, the reduced period for paying duty will not purposes. These amendments, while minor, are commence until 1 April 2012. essential to the integrity of the land tax system because they ensure that the SRO can use these valuations for In opposition, this government blocked moves by the the purposes of assessing land tax, and that taxpayers former Brumby government to reduce the period for have the right to object to a land tax assessment that is paying duty from 90 days to 14 days. Fourteen days did based on a valuation made by the valuer-general under not allow enough time for banks and lawyers to prepare the new system. the documents necessary to transfer property and pay the required duty. Rural and regional lawyers were This government is committed to fostering a stronger particularly disadvantaged by the previous and more competitive Victorian economy by making it government’s proposal and it increased the risk of easier for Victorians to do business. This bill makes a taxpayers being exposed to penalty and interest on late contribution in this area by enacting further measures as payment. This government has listened to these part of the national program of payroll tax concerns and seeks to balance them against the harmonisation. community benefit of having use of this money earlier. A 30-day period for payment achieves this balance for This bill amends the payroll tax act to limit the all Victorians. exemption to wages paid for work, which supports the charitable purposes of those organisations. This amendment is made in response to the decision of the
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High Court in Commissioner of Taxation v. Word SERIOUS SEX OFFENDERS Investments Ltd which extended the common-law (DETENTION AND SUPERVISION) definition of charity to include organisations that AMENDMENT BILL 2011 conduct predominately commercial activities to fund their charitable objects or donate their profits to another Statement of compatibility charity. This decision had the unintended impact of extending the payroll tax exemption to wages paid for Mr McINTOSH (Minister for Corrections) tabled commercial activities. This amendment will restore the following statement in accordance with Charter of intended operation of that provision and will promote Human Rights and Responsibilities Act 2006: business productivity and competitiveness by ensuring that all businesses operating in commercial markets in In accordance with section 28 of the Charter of Human Rights Victoria receive the same treatment under the payroll and Responsibilities Act 2006 (charter act), I make this tax act. statement of compatibility with respect to the Serious Sex Offenders (Detention and Supervision) Amendment Bill This bill also amends the payroll tax act to clarify the 2011. application of the maternity and adoption leave In my opinion, the Serious Sex Offenders (Detention and exemption. Currently, the 14-week exemption period Supervision) Amendment Bill 2011 (the bill), as introduced to can be pro-rated to the equivalent of 14 weeks leave for the Legislative Assembly, is compatible with the human full-time employees who take their leave at less than rights protected by the charter act. I base my opinion on the full pay, but the act does not provide equivalent reasons outlined in this statement. treatment for part-time employees. To ensure consistent Overview of bill and equitable treatment of wages paid to full-time and part-time employees and in line with current The main purpose of the bill is to enhance community safety administrative practice, this amendment will allow the by amending the Serious Sex Offenders (Detention and Supervision) Act 2009 (the principal act) and to make 14-week period to be pro-rated for part-time employees consequential and related amendments to other acts. on the basis of the wages that would have normally been paid for that period. The bill will amend the principal act to —
This bill will amend the TA act and livestock act to allow police to dispense with the notice period required before filing a charge sheet for the offence of breaching provide for the administration and enforcement of a condition of a supervision order, in limited livestock duty under the TA act. The SRO and circumstances; Department of Primary Industries jointly administer livestock duty and this amendment will ensure that the suspend the requirement for the secretary or the Director commissioner of state revenue can administer and of Public Prosecutions to apply for a periodic review of an order if an application to renew the order has been enforce livestock duty in the same way as all other filed, or the offender is being held in custody on remand; taxes and duties. This measure will help to protect the integrity of the scheme by ensuring there are modify the provisions of the act that apply to offenders appropriate systems in place to detect late payment and subject to interim supervision orders; deter non-compliance through the imposition of penalty clarify the existing information sharing provisions and and interest on unpaid duty. In line with the intention of include additional relevant persons and relevant acts; this scheme, any penalty and interest collected by the commissioner will be payable into the relevant clarify provisions allowing a court to make interim livestock compensation fund, which are used to orders on the basis that the material before it, if proven, compensate owners affected by an outbreak of would justify the making of an order and the ability of parties to dispute evidence; livestock disease. amend the range of applications that enable the Director Finally, this bill also makes several amendments to the of Public Prosecutions to apply to the Supreme Court for VL act. These amendments are minor and technical in a interim detention order; and nature and are aimed at clarifying the operation of clarify the relationship between the act and the Disability certain provisions as a result of the new valuation Act 2006 and the Civil Procedure Act 2010. system. Human rights issues I commend the bill to the house. The bill alters the provisions of the principal act requiring the Debate adjourned on motion of Ms NEVILLE secretary or Director of Public Prosecutions to seek periodic (Bellarine). review where an application to renew a supervision or detention order has been made, or where an offender is subject to an order and is in custody on remand. In my view, Debate adjourned until Wednesday, 9 November. these amendments will reduce pressure on court time and
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resources, and do not limit human rights protected under the supervision order. The transitional provisions of the principal charter act because the principal act provides that an offender act deal with the management of offenders still subject to may seek leave to have an order reviewed at any time in orders under the Serious Sex Offenders Monitoring Act 2005, accordance with section 68. but there remain inconsistencies in their treatment compared with offenders subject to orders under the principal act. The I have also considered the following human rights issues bill resolves these inconsistencies, providing greater raised by the bill: transparency and certainty of management of all offenders residing at a residential facility. 1. Information sharing The bill expands the transitional provisions of the principal Clause 13, which amends section 189 of the principal act, will act contained in schedule 2 to include two additional expand both the range of relevant persons with whom the provisions; section 142 (the power to search) and section 146 secretary may share information about offenders and the (the power to use force in certain circumstances). These relevant acts under which information may be shared. A amendments do not alter the overall operation of the scheme, provision which allows the sharing of personal information but extend these particular management powers to offenders engages the right to privacy in section 13 of the charter act. subject to orders under the Serious Sex Offenders Monitoring Act 2005 and accordingly, the expanded search power Right to privacy (section 13) engages offenders’ right to privacy.
Section 13(a) provides that a person has the right not to have Right to privacy (section 13) his or her privacy unlawfully or arbitrarily interfered with. Section 142 allows an officer to order a search of a part of a In my opinion, the extension of the sharing of information in residential facility, an offender, a visitor to a facility or an this context does not limit the right to privacy as the offender’s correspondence. disclosure of information will not be arbitrary. Information sharing with relevant persons is prohibited under the principal While section 142 does interfere with the privacy of persons act, unless the person disclosing the information believes on who are subject to a search under this clause, the interference reasonable grounds that it is necessary to enable a person to will not be arbitrary for the following reasons: the officer carry out a function under the principal act or other nominated must reasonably believe that the search is necessary; the relevant acts. Section 190 of the principal act contains a circumstances in which a search can occur are clearly further safeguard requiring a relevant person to develop specified in the legislation and tailored to ensure the power is guidelines in relation to accessing of shared information to not applied arbitrarily; the nature of the search is limited to a ensure that access to the information is restricted to the garment or pat down search; and finally, in relation to an greatest extent possible without interfering with the purpose offender’s correspondence, the provision excludes the power of the principal act or relevant acts referred to in section 189. to read letters in a range of important circumstances. Additionally, in my view, both staff and offenders, as well as Accordingly, information exchanges will only occur where it visitors to residential facilities, would be aware of the highly is necessary to administer the scheme and ensure its regulated nature of the facility and thus have a lower consistency with other schemes. Additional relevant acts have expectation of privacy in that environment. been included in the bill because the consequences of prosecutions or other proceedings under these acts may result 3. Disputing reports filed with applications for interim in orders, applications or proceedings that may impact on an orders offender’s capacity to comply with the terms of an order made under the principal act. Section 113 of the principal act provides that the offender, the secretary, or the Director of Public Prosecutions may file with In addition, the secretary may be in receipt of information that the court a notice of intention to dispute the whole or any part she reasonably believes would assist the Victorian child of an assessment report, progress report or any other report protection authorities to discharge their obligations to protect filed with an application under the act. The court is then children and young people under the Children Youth and precluded from considering matters in dispute until they are Families Act 2008, or information that is relevant to a able to be tested by the parties. Clause 9 of the bill amends determination under the commonwealth Migration Act 1958 section 113 to exclude applications for interim orders under (where the offender is not an Australian citizen or permanent part 4 of the principal act. resident, and may be required to be detained in immigration detention). Such disclosure is consistent with provisions of Clause 10 inserts a new section 113A into the principal act, the Information Privacy Act 2000 that permit disclosure of providing that the parties may file with the court a notice of information where it is necessary to lessen or prevent a intention to dispute the whole or any part of any report made serious threat to public health, public safety or public welfare. to the court or other report made to the court in relation to an The overall purpose of the collection of information under the application for an interim order under part 4. If the notice is principal act is to carry out functions to enhance the filed prior to the determination of the application the court protection of the community. I am satisfied that the may give the party the opportunity to lead evidence on information is being shared under this provision for the same disputed matters and cross-examine the author of the report overall purpose of enhancing community protection. on its contents. The section then provides that where a notice is not filed the court is not required to give parties the 2. Expansion of search power opportunity to lead evidence on matters in dispute. The court will retain the discretion, in either case, to hear evidence Some offenders continue to be managed under orders made making an interim order. A provision which restricts a under the Serious Sex Offenders Monitoring Act 2005 and respondent’s right to lead evidence on disputed matters or are residing at the residential facility established under the principal act, as required by the conditions of their extended
SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT BILL 2011
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cross-examine the applicant’s witnesses engages the right to This government is committed to continuing the fair trial in section 24 of the charter act. post-sentence supervision and detention of serious sex Right to fair trial (section 24) offenders because any degree of recidivism in this group of high-risk offenders cannot be tolerated and we Section 24 of the charter act provides that a person charged recognise that it is imperative that appropriate with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a legislative responses are available to protect the competent independent and impartial court or tribunal after a community and rehabilitate offenders. fair and public hearing. In the 2010–11 financial year, there were The amendment will clarify the ability of the court to decide 36 supervision orders made under the act. Twenty-one applications for interim orders under sections 53 and 54 of the principal act without the examination of witnesses unless a of these were new orders, and 15 resulted from the notice of intention to dispute is filed. review of an existing order made under the preceding scheme, the Serious Sex Offenders Monitoring Act However, I consider the right to a fair trial not to be limited 2005. by this amendment because it applies only at the interim application stage, and a number of safeguards are in place to ensure that the offender is not unfairly disadvantaged. The A legislative response is one part of a suite of programs amendment does not prevent the offender from testing the aimed at reducing the risk of reoffending by high-risk evidence against him or her, or from tendering competing sex offenders through facilitating their identification, evidence, so long as the notice is filed. The court will retain management and rehabilitation. the discretion to control proceedings and may allow examination of witnesses where it deems it necessary to Another aspect of the response is safe housing for satisfy the requirements of sections 53 and 54 which set out the requirements for when a court may make interim orders. offenders. Corella Place provides transitional accommodation for sex offenders on post-sentence In circumstances where an interim order is made without the supervision where appropriate housing has not been respondent being given the opportunity to lead evidence on found elsewhere in the community. The purpose-built disputed matters, I note that an interim order cannot be made unless the court can satisfy the detailed criteria set out in the residential facility has the capacity to accommodate up principal act and that an interim order cannot exceed four to 40 offenders and dedicated staff provide a specialist months (unless exceptional circumstances exist). level of case management while monitoring offender Furthermore, the respondent’s right to dispute evidence is still compliance with their orders. maintained at the final hearing, where both parties will have the opportunity to lead evidence, cross-examine report The aim of the Serious Sex Offenders (Detention and authors and fully investigate the opinions of witnesses. Supervision) Amendment Bill 2011 is to strengthen the Conclusion Serious Sex Offenders (Detention and Supervision) Act 2009 by making a number of technical amendments. I consider that the bill is compatible with the Charter of Human Rights and Responsibilities Act 2006, because, to the extent that some provisions may engage human rights, those In summary, these amendments will: provisions do not limit these rights. modify the obligations that apply to offenders Andrew McIntosh, MP subject to interim supervision orders; Minister for Corrections suspend the requirement to apply for a review of an Second reading order if an application to renew an order has been Mr McINTOSH (Minister for Corrections) — I made; move: suspend the requirement to apply for a review if the That this bill be now read a second time. offender is held in custody on remand; Since the Serious Sex Offenders (Detention and clarify the process for making interim orders to Supervision) Act 2009 (the act) came into force on increase flexibility and efficiency; 1 January 2010 the scheme has protected the community from the serious physical and psychological allow nominated senior police to dispense with the harm posed by serious sex offenders. This act protects notice period that is required if an offender is to be the most vulnerable members of the community. The charged with the offence of breaching supervision long-term harm caused by sexual offending not only order conditions; has devastating impacts on the emotional wellbeing of broaden and clarify the existing information-sharing victims but contributes to community anxiety and provisions; undermines our sense of community safety.
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amend the parts of the act that apply to offenders that consideration is not engaged during a periodic review, are subject to orders made under the Serious Sex but in both cases the court must consider if a Offenders Monitoring Act 2005; supervision or detention order continues to be warranted or should be removed. The aim of this clarify when interim detention orders can be made; amendment is to reduce duplication and unnecessary use of court resources. Offender eligibility is considered clarify the relationship between the act and the at both a periodic review and a renewal hearing so Disability Act 2006 and the Civil Procedure Act offenders will continue to be able to ask the court to 2010. consider their individual progress and the merits of Turning now to each of the amendments contained in continuing the order. the bill. The bill will also remove the obligation to apply for a Interim supervision orders periodic review if an offender is held in custody on remand. The act already suspends the requirement to The time between the decision being made to apply for apply for a periodic review if an offender is serving a a supervision order and the order being made by a court term of imprisonment. It is also appropriate to suspend can take several months. In order to manage the risk to the requirement to conduct periodic reviews when an the community posed by offenders who have reached offender is held on remand because as part of the the end of their sentence before this hearing, the act preparation for a periodic review all offenders are permits interim supervision and detention orders to be extensively interviewed in the clinical assessment made. Interim supervision orders permit a court to put process. If an offender is held in custody on remand for into place an interim management regime for the additional offending it may be difficult for the offender offender until such time that a full hearing is conducted. or report author to avoid consideration or discussion of The bill will rectify an apparent oversight in the matters additional unproved offending behaviour and these that are deemed to apply to this group of offenders by discussions may prejudice the defence of the offender. ensuring that: In addition a clinical report that does not contain these details may not represent an accurate assessment of the time spent in custody on remand will be taken into risks posed by the offender. account in calculating the remaining period of the interim order; Interim orders and disputed reports
interim supervision order conditions do not apply to Section 113 of the act provides that the offender, a person serving a sentence while in custody or held secretary or the Director of Public Prosecutions may in custody on remand; file with the court a notice of intention to dispute the whole or any part of an assessment report, progress the conditions of interim supervision orders will report, or other report made to the court or filed with an apply when the person is released on parole or at the application under the act. After this notice is filed that end of their sentence; and evidence is put aside until both parties can examine the report author. This provision conflicts with the powers the conditions of an interim supervision order are to of the court in section 53 that allow it to make an be served concurrently with the operation of any interim supervision order if it appears to the court that community based order. the documentation, if proved, would justify the making of the supervision order. The requirement to apply for periodic reviews To solve this problem the bill will insert a new The bill also modifies the requirement for the secretary section 113A dealing with applications for interim or the Director of Public Prosecutions to seek periodic orders. This section provides that the secretary or the reviews in some cases. The first change is when an Director of Public Prosecutions may file with the court offender is subject to a renewal application and a a notice of intention to dispute the whole or any part of periodic review is also due. In this case the bill will an assessment report, progress report, or other report amend the act so that the obligation to apply for a made to the court. If a notice is filed prior to the periodic review will be suspended until such time that determination of the application the court may before the renewal application is withdrawn or dismissed. The taking the report in dispute into account when difference between renewal and periodic review determining the application, give the party that filed the hearings is that upon renewal, a court can consider the notice the opportunity to lead evidence on the disputed term of a supervision or detention order. This matters and cross-examine the author of the report on
SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT BILL 2011
Wednesday, 26 October 2011 ASSEMBLY 4909 its contents. The section then provides that if a notice is authorities in order to assist with the protection of not filed the court must take the report into account children and young people. Some of this information is when determining the application and is not required to currently provided under ministerial authority under the give any party to the application the opportunity to lead Corrections Act 1986 but the changes contained in the evidence or cross-examine on the contents of the report. bill enables information obtained under this act to be It is anticipated that this reform will reduce the length shared. of interim hearings while maintaining judicial discretion to receive evidence. The relevant acts in section 189(4) do not include the Crimes Act 1958 or the Summary Offences Act 1966 The notice period and breach offences or the Commonwealth Crimes Act 1914 or Criminal Code Act 1995. Sentencing outcomes for federal Section 160 of the act sets out the offence of failing to offences may result in orders, for example, comply, without reasonable excuse, with a condition of recognizance release orders, that may conflict with the a supervision order. Before bringing proceedings, the term of an order made under the act or may have the secretary must give the offender 14 days notice of his or effect of suspending the operation of an order. her intention to file a charge sheet. In cases of serious Sentencing outcomes for Victorian crimes or offences breaches, the secretary has the capacity under may have similar effects. The bill therefore adds these section 172(3) to dispense with the notice period and acts to the list of relevant acts in section 189(4). The may proceed to file a charge sheet after forming the relevant acts in section 189(4) do not currently contain view that a ‘charge sheet should be filed without delay, the Bail Act 1977 or the Sentencing Act 1991 where, having regard to the seriousness of the alleged breach for example, consideration of supervision order of the order’. conditions may be relevant to the assessment of community risk, or, essential to the framing of a Victoria Police are frequently involved in the compatible community based disposition. apprehension or investigation of serious breaches of supervision order conditions. Victoria Police also The relevant acts listed in section 189(4) do not include apprehend offenders for further relevant offending. To the commonwealth Migration Act 1958. If an offender avoid the delays that may be caused by the requirement is not a permanent Australian resident, the commission that only the secretary can dispense with the notice of sexual offences may result in visa cancellation and period, the bill will amend the act so that senior police the decision to detain an offender in immigration at or above the level of inspector (and one particular detention, or, the imposition of a requirement that the sergeant, with specialist expertise) may exercise the offenders reside at a residential facility, such as Corella discretion currently limited to the secretary. Limiting Place, until such time as immigration matters are the discretion to senior police will also ensure that the concluded. In these circumstances it is desirable that decision to exercise the discretion will be made at arm’s information regarding offenders can be provided to length from arresting officers by senior and experienced immigration officials to ensure that supervision order police. conditions are compatible with the terms of any residence determination made by the commonwealth Information sharing immigration minister and the risks of offending are Section 189 of the act authorises the divulging or made clear to protect the community. communication of information in circumstances when a The bill also amends the act to clarify that information relevant person believes on reasonable ground that it is about persons subject to post-sentence supervision necessary to do so to enable persons to carry out orders or applications can be provided by Corrections functions under the act or a relevant act. The relevant Victoria to relevant persons to assist them to administer acts listed in section 189(4) do not include a number of relevant acts. acts and persons with whom and in respect of which Corrections Victoria may have legitimate cause to share It is noted that the limitations on information sharing information about offenders subject to orders. These and privacy protections included in the act continue to additional relevant persons and relevant acts have been apply, regardless of these amendments, including the identified since the scheme came into operation. requirement that officers sharing information believe on reasonable grounds that communicating is necessary to Most notably the list of acts does not include the enable a person to carry out functions under the act (or Children, Youth and Families Act 2005. It is important a relevant act). In addition, section 190 requires that Corrections Victoria is able to share information relevant persons to develop guidelines that attempt to concerning sex offenders with child protection ensure that access to the information is restricted to the
SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT BILL 2011
4910 ASSEMBLY Wednesday, 26 October 2011 greatest extent that is possible and this provision has the community posed by the offender and it is not been updated. sufficient to allow the offender to remain in the community on a supervision order until such time as Managing offenders who are subject to an order the court is able to consider, in full, the detention order made under the Serious Sex Offenders Monitoring application. Act 2005 To address this issue the bill will amend the act to Some offenders continue to be managed at the permit an application for an interim detention order residential facility established under the act under where the application for a detention order is the result orders made under the previous act: the Serious Sex of the periodic review of a supervision order under Offenders Monitoring Act 2005. The bill amends the section 73. transitional provisions contained in schedule 2. This schedule provides that nominated sections of the act Amendments to other acts apply to this group of offenders as if they were residing at the residential facility under one of the orders that Section 12 of the bill amends the Civil Procedure Act can be made under the act. 2010. Section 79(1) of the act provides that proceedings under parts 2, 3, 5 and 7 are civil in nature. In addition, The amendments contained in the bill will ensure that section 79(2) provides that the rules regarding practice all of the following provisions apply to offenders still and procedure in civil proceedings do not apply to these subject to old act orders that are required to reside at proceedings and the act sets out required procedural Corella Place: steps for various types of applications, hearings and proceedings. In addition the secretary and the Director section 137, the power for supervision officers to of Public Prosecutions are bound to act as model give directions; litigants in proceedings under this act.
section 142, the search provisions Section 4 of the Civil Procedure Act 2010 provides that the act does not apply to proceedings under a number of section 143, seizure provisions acts such as the Crimes (Mental Impairment and section 144, the register of seized items Unfitness to be Tried) Act 1997 as well as the Family Violence Protection Act 2008 and the Stalking section 145, photographing; and Intervention Orders Act 2008. To ensure that the operative intent of section 79(2) of the act is not in section 146, the ability for supervision officers to use doubt the bill will amend the Civil Procedure Act 2010 force to enforce instructions in certain to clarify that it does not apply to proceedings under the circumstances. act.
In the future many of the residents of Corella Place Clause 18 of the bill addresses an interface issue subject to orders made under the old act will be between the act and the Disability Act 2006. As a result transitioned to orders made under the new act, but until of the high proportion of offenders with intellectual this occurs the different procedures for managing the disabilities subject to orders under the act it is important two groups of offenders is administratively that the interface between the two schemes is clear and burdensome. The amendment contained in the bill will unambiguous. Also, some offenders that are subject to ensure that Corella Place staff have the legislative tools supervision orders are required to reside at the to manage this group of offenders. residential facility established under the Disability Act 2006 with their treatment plans overseen by the Interim detention orders Victorian Civil and Administrative Tribunal (VCAT).
The final amendment to the act that I will highlight Upon commencement of the act on 1 January 2010 the concerns interim detention orders. On review of a Disability Act 2006 was amended to provide that the supervision order under section 73, the DPP can decide ability of VCAT to vary a treatment plan for an to apply for a detention order. However, as such an offender required to live at a DHS — Department of application is not one that triggers section 51, pending Human Services — residential facility is subject to that resolution of the application for the detention order. variation being consistent with an order made under the act. The same requirement also applies with respect to The DPP may form the view that the evidence annual reviews of treatment plans but did not apply to presented at the review of a supervision order warrants the initial treatment plan formulated when an offender an immediate detention order in response to the risk to
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Wednesday, 26 October 2011 ASSEMBLY 4911 is admitted. As a result it is possible that the initial odour. EPA Victoria suggests that this odour is coming from treatment plan may be inconsistent with the terms of an the Boral quarry area and is impacting both our area — order made under the act. Brimbank Gardens —
In order to address the potential for inconsistency the and the Caroline Springs area. bill will amend the Disability Act 2006 to provide that initial treatment plans prepared by program officers The issue has been ongoing for months. My must be consistent with court orders, including orders constituents have recorded times and dates, and this made under the act. matter has been reported to the Brimbank council and to the EPA, but to date no resolution has been found. I In summary, this bill contains a range of technical ask the minister to investigate, to provide a report and amendments to strengthen and support the to assist the communities of Brimbank Gardens and post-sentence supervision and detention regime that is Caroline Springs with a way forward and a resolution. helping to protect the Victorian community from the risks posed by serious sex offenders. Acting Speaker, you would be aware that the challenge for the western suburbs — given industry growth and I commend the bill to the house. given that the area is increasingly being populated by new residents — is to find a way for residents, industry Debate adjourned on motion of Ms NEVILLE and business to coexist. I wholeheartedly support (Bellarine). growth and the establishment of new industries as well as the coming into the area of new residents, because Debate adjourned until Wednesday, 9 November. people want to live near where their jobs are, near Remaining business postponed on motion of industry, and conversely industry requires that people Mr McINTOSH (Minister for Corrections). live near the industry and where the jobs are. Acting Speaker, you would understand that we have to find the middle ground — a way in which residents and ADJOURNMENT industry can coexist. One of the challenges is to ensure that despite the social challenges and in this case the The ACTING SPEAKER (Mr Nardella) — environmental challenges that can potentially arise, we Order! The question is: can coexist and live together. The problems need to be resolved successfully, because we want both the That the house now adjourns. residents and the industry. If the minister could find a Brimbank Gardens estate: air quality way forward and achieve a resolution, that would be welcomed. Mr LANGUILLER (Derrimut) — I raise a matter for the attention of the Minister for Environment and Carbon tax: Bayswater electorate Climate Change. The action I seek from the minister is Mrs VICTORIA (Bayswater) — I rise to ask the a comprehensive investigation of and report on Minister for Innovation, Services and Small Business, complaints received by me about the Brimbank who I am delighted to see is in the chamber this Gardens estate in my electorate with a view to reaching evening, to visit my electorate and update local a resolution. I refer the minister to the following complaint I received from a resident in Sterling Drive, business owners on a range of matters that are important to them. Some of them have come to me, but Derrimut: in particular some of the questions are about the It is regarding a foul odour in the air around our area, which measures the government has or is planning to put in smells like a rubbish tip mixed with sewage. It is actually place to protect Victoria’s business sector from the very bad at times, and as per my notes which I have been impact of the federal Labor government’s carbon tax. recording, it is worse in the evenings every day. We all know that Victoria will be very hard hit by the A further quote from my constituent reads: implementation of this unnecessary tax. While those opposite have not dared to criticise their federal Labor … I took initiative and called EPA — colleagues, government members in this house understand that now is the time to stand up for Environment Protection Authority — Victorians and ensure that our economy does not suffer … on 6 June, and I was pleasantly surprised to receive a call because of an ill-conceived policy. back on 7 June, informing me of the actual source of the
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The prospect of this tax has fuelled grave concerns prices. Hundreds of thousands of people will no longer among the business community in the Bayswater have the opportunity to experience this majestic train district. For many of them, times are already tough ride through the Dandenongs. An article in the Age of enough. The last thing they need is to have to pass on 14 September, under the title ‘Warning Puffing Billy at the cost of yet another tax to their consumers. Business risk, Asher cool on cash help’, states: operators competing in the global market are especially concerned that this new tax will obliterate any The previous Labor government promised $10 million to upgrade Puffing Billy, but Ms Asher said the Liberal Party competitive advantage they once enjoyed over their ‘did not give any commitment’ in the election campaign. international rivals. I have a great range of quite diverse businesses in my electorate. No, it did not — and it does not seem interested now it is in government. But what did the Liberal Party say A specialty fibreglass manufacturer came to me quite before the election? Prior to a visit to Puffing Billy in recently with some worries. I also have people who January last year, the then shadow Minister for Tourism make antiballistic body armour and have the same sorts said: of worries. I even have people who are manufacturing soaps and body products. I have some who are making The state government needs to ensure that Puffing Billy is very high-end products, including parts for the joint adequately funded and invests in its capital infrastructure … the state government needs to commit to investing in the strike fighter. At an international level we in Bayswater future of Puffing Billy and provide funding that are really punching above our weight with a lot of acknowledges the significant part Puffing Billy plays both manufacturing and a lot of very small businesses doing historically and within our tourism sector. some really amazing, internationally renowned work, but they are genuinely worried and they have come to The then Liberal candidate for Gembrook, now the me with this. member for Gembrook; the then shadow Minister for Tourism and Major Events, who is now the Minister for In the current economic climate businesses are besieged Tourism and Major Events; and Edward O’Donohue, a by uncertainty. In the interests of giving renewed member for Eastern Victoria Region in the Council, confidence to local businesses, I ask the minister to join visited Puffing Billy on 20 January last year. They me in a discussion with them about the challenges they made all the right noises about supporting Puffing will face in the years to come and what the Baillieu Billy. government is going to do to help. On 3 February last year Edward O’Donohue said in Puffing Billy: funding Parliament:
Mr MERLINO (Monbulk) — I raise a matter for … the future of Puffing Billy is not secure. the Minister for Tourism and Major Events. The action It has an ageing infrastructure that needs upgrading … I I seek is that the minister commit to a $15 million congratulate the chief executive officer of the Puffing Billy injection of funds urgently required by Puffing Billy, railway, Eamon Seddon, for putting together a comprehensive one of our greatest and most beloved tourist icons. business case … Puffing Billy is one of the finest preserved steam … railways in the world. Hundreds of thousands of locals and tourists visit it every year. In fact it carried a record It appears to me to be a good investment for the state to secure the long-term future of Puffing Billy … It will be a number of passengers in the last financial year — very important job creator for the Dandenongs and the outer almost 269 000 people. It is vitally important to the east. community and local businesses in my region. It delivers a massive economic benefit of $23 million per … year. It supports hundreds of local jobs, and almost … the action I seek from the minister is that he work with the 1000 volunteers work tirelessly to keep this wonderful government and Puffing Billy so the $15 million sought can steam train in service. be provided …
But Puffing Billy as we know and love it is under That is what the Liberal Party said before the election. I threat. Unless there is significant government support, could not have said it better myself. we face the very real possibility of Puffing Billy being I am proud of Labor’s longstanding support of Puffing forced to significantly downgrade its service. Without Billy, including the multimillion-dollar commitment we urgent investment to upgrade its ageing infrastructure, it made during the last campaign. If it is good enough for will be a shadow of what we enjoy today. Puffing Billy the Liberal Party to support Puffing Billy and call on will be forced to drastically cut services and increase the then Labor government to provide $15 million in
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2010, it is good enough for it in 2011. I have already Nicholson–Miller streets, Brunswick East: received 580 supporting signatures on a petition that I safety have distributed along the Puffing Billy railway line. The community wants the government to deliver on Ms GARRETT (Brunswick) — I wish to raise a what it was calling for last year. matter for the attention of the Minister for Roads, and I am pleased to see him in the house this evening. The Rodney electorate: flood recovery funding action I seek is the minister’s urgent approval for a representative of VicRoads and other public servants to Mr WELLER (Rodney) — I wish to raise a matter attend an onsite meeting at the intersection of for the attention of the Minister for Sport and Nicholson and Miller streets in Brunswick East to Recreation. It is good to see the minister in the house discuss traffic and safety issues that have been raised by here tonight, and it is good that the trend for ministers Our Lady Help of Christians Primary School. to actually come in and answer questions put to them has continued since the coalition came into The intersection is also a tram stop and a bus route, government. The issue I raise is with regard to the with buses turning into Nicholson Street from Miller $4 million joint state-commonwealth Floods Street with no signals. There is considerable bicycle Community Recovery Fund. The action I seek from the traffic both ways. There are no traffic lights at this minister is an update on the fund and whether any intersection, but there is a pedestrian crossing and a set flood-affected communities in my electorate can expect of pedestrian lights further down the road on Nicholson to share in a slice of the latest round of funding for Street which can cause bank-ups and confusion. As sporting groups and facilities. I am aware that more members can picture, this intersection creates a very than $2 million of the fund has already been distributed chaotic environment at school drop-off and pick-up to some 118 community organisations across Victoria, times, one I have witnessed on numerous occasions. helping to deliver more than 200 flood recovery projects. A number of incidents have occurred that have caused great concern to the school and the parent community, The fund is an excellent initiative, one that is making a and the situation is set to worsen with the imminent meaningful difference to communities so devastated by completion of a large number of new residential units in the floods. I am also aware that the Victorian coalition Miller Street. There are a number of authorities government has been working very closely with local involved in the management of this intersection, councils, key stakeholders and community groups to including VicRoads and public transport authorities. identify further recovery projects and to ensure the The intersection is also on the municipal boundary of funding brings about the best local outcomes in the the Yarra and Moreland city councils. aftermath of the floods. I understand that, as part of this latest round of grants, funding has been allocated to a Given the seriousness of the situation and the number range of projects, including the replacement of sporting of parties involved, it was suggested that an onsite equipment as well as large restoration projects to repair meeting be convened so all representatives could hear flood damage. the views and concerns of the school and witness the difficulties firsthand. My office contacted the regional There are a number of sport-related projects in my office of VicRoads earlier this year and asked it to be electorate, particularly in the Rochester area, which involved in such a meeting. After some delay in would benefit enormously from assistance through this responding, my office was advised that the issue was fund. The Rochester Tigers cricket club requires being examined and a brief would be submitted to the funding to replace a range of essential playing regional director. equipment, including guards, pads, gloves, bats, balls and helmets. The Rochester table tennis club is in need After considerable time had elapsed we again contacted of assistance to replace essential items such as tables, VicRoads. Unfortunately we were then told that we had bats and ping pong balls. Finally, a new flood-resistant to seek the minister’s approval for a VicRoads walking path along the Campaspe walking trail needs to representative to attend a meeting. As a result last be laid after the old path was badly damaged by month I emailed the minister with an outline of the floodwaters. purpose of the meeting, those who we were seeking to be involved and a request for his approval. Again we I seek the minister’s advice as to whether any of these received no response. In considerable frustration, we sporting groups have been successful in gaining then telephoned the minister’s office last week and funding through the latest round of Floods Community were told that the request for a meeting had been denied Recovery Fund grants.
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4914 ASSEMBLY Wednesday, 26 October 2011 and that we had to put any suggestions for changes to Morack golf course, various walking tracks, pockets of the intersection in writing to the minister instead. natural bushland and acres of beautiful open space.
Everything about this issue is disturbing, from the fact Many residents continue to contact me to express their that my requests for a meeting were ignored for months views in relation to the possible future uses of this land, to having what is, by any measure, a highly reasonable and I look forward to ongoing interaction with them to request made on behalf of a primary school with deep achieve an outcome that will provide a positive result concerns about the safety of its students denied by the for all stakeholders. The consultations and discussions minister and/or his office. Members of the school that will occur regarding this land will provide the community are understandably considerably upset. community with a clear opportunity to have direct input into the future use of the land. This input from local While I am happy to write another letter to the minister, residents, community groups and other stakeholders it is simply a fact that letters will not come close to will be welcomed. The residents of Forest Hill are providing a proper, common-sense approach to a indeed blessed, firstly, to have such a wonderful area situation of this type where all the parties can meet, available, and secondly, to have the opportunity to witness the situation and ask and answer questions of provide input to shape the future use of this land. I am each other. Therefore I ask that the minister urgently pleased the new government will listen and consult reconsider his position on this matter and approve the with the local stakeholders as part of this process. participation of his officers in an onsite meeting at this dangerous intersection so that the significant anxiety of I would welcome the opportunity to meet with the the school community can start to be addressed Minister for Roads, who I note is in the chamber properly and in a manner in which any Victorian tonight. I look forward to the visit of the minister to school, regardless of its postcode, deserves. Forest Hill and to having the chance to show him this land and discuss with him this very important local Healesville freeway reservation: future issue. Mr ANGUS (Forest Hill) — I raise a matter of Public transport: fares importance for the attention of the Minister for Roads. The action I seek is for the minister to visit the Ms RICHARDSON (Northcote) — I am also very electorate of Forest Hill and join with me and other pleased to see the Minister for Public Transport here in local residents to inspect the land previously designated the house, because the matter I wish to raise concerns for the Healesville freeway reserve, to discuss the future him and his portfolio. It concerns the decision he made use of this land and to provide an update in relation to to scrap the Victorian transport plan while at the same the public consultation process being undertaken. time refusing to scrap the 2012 and 2013 scheduled fare increases that were designed to help pay for that plan. As I have previously mentioned in this house, the seat The action that I seek from the minister is for him to of Forest Hill is very fortunate to have within it a large guarantee that he will not slug commuters in this way expanse of land that was set aside by VicRoads for a while offering no plan of his own to improve Victoria’s freeway reserve some 40 years ago. Following the public transport system. Surely the minister would decision by VicRoads almost two years ago not to agree that the 5 per cent increases for those two years proceed with this freeway, local residents have been that were scheduled to improve Victoria’s public concerned about the future use of this land. This transport system are now no longer needed given that remains a very important local issue, one on which I he has binned the plan. Why is the minister mute when look forward to continuing to work with various it comes to questions about these fare increases? Why is stakeholders to ensure that there is a successful he refusing to rule them out comprehensively? outcome for the local community. There is of course another reason why he could rule out Last month I had the great pleasure of hosting the these scheduled fare increases, because in his words, as Minister for Planning as he toured this site with me and he has put it, the job is done. He has fixed the problems representatives from local environmental groups. He, in public transport, and that means, presumably, in his like most visitors to this well-hidden local treasure, was words, that there is no need for these increases to fares. pleasantly surprised by what he saw tucked away Tonight he could stand up and guarantee that these fare behind the built-up area. The land is some increases will not take place. He has backed away just a 3.5 kilometres long and is currently used for a wide tad. He has said that he has nearly fixed all of the range of purposes, including sporting activities, an problems. When I said to the minister, ‘We are 99 per off-lead dog park, some leasehold activities, part of the cent there’, he said, ‘Yes’; he agreed, ‘We are 99 per
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Wednesday, 26 October 2011 ASSEMBLY 4915 cent there to fixing the problems’. He has done such a there is substantial damage to the playing surface. The great job in 11 months, so tonight is his opportunity, I new irrigation system is being installed, so the pipes are guess, to crawl out from under the desk, put down the there to water the oval. There is a new pump being Terang racing club form guide, step up to the plate and installed, and I understand there will be a separate deliver what Victorians want to hear from the minister supply to the turf wicket, which has somehow survived as he leaves the chamber. the flooding in some state. I understand the turf is being prepared off site. Mr Mulder — I’ll be back. All of the buildings on the site have been destroyed Ms RICHARDSON — Hopefully he will come along with of the equipment. Having been under water back. He has certainly refused to respond to this for a month or more, nothing has survived. Planning is question in the last few weeks. I hope he actually gives under way for new combined facilities for the football, us an emphatic response and guarantees that he will not netball and cricket clubs, with clubroom facilities some increase fares. Prior to the last election Liberal time off, but with the ground being transformed the members said that they would address Victorians’ cost clubs want to get back to playing and enjoying their of living. sports. The cricket club needs essential playing equipment. The season is under way and the equipment Mr Weller — The coalition, actually. accumulated over generations has been lost. The Ms RICHARDSON — They said quite football club needs to replace its defibrillator, and we emphatically — The Nationals as well, of course — all know how important it is to sporting facilities to that they would do something to address Victoria’s cost have a defibrillator nearby. of living, but there I was in January this year reading The Cardross show has shown that the community is the newspaper and there was the Minister for Public bouncing back. It just needs some support to continue Transport announcing fare increases for public to take to the field, even if it is not its own. The sports transport commuters. If he is going to rule out 5 per are continuing, and they are using borrowed grounds cent fare increases over the coming year and the next, elsewhere, but it is that essential equipment that has he could also rule out the consumer price index fare accumulated over generations and the lifesaving increases if he wants to address Victoria’s cost of living equipment that is needed. I urge the minister to consider concerns as the coalition promised it would prior to the this community’s request to replace that vital last election. This would mean that we would see fare equipment. increases across the board. There would be significant impacts on commuters, and the minister would earn his Outer Suburban/Interface Services and reputation as the Sheriff of Nottingham — all take and Development Committee: livability inquiry no give. Ms HUTCHINS (Keilor) — I rise to raise a matter Cardross: sports equipment for the Minister for Planning. The action I seek is for him to provide the government submission to the Outer Mr CRISP (Mildura) — I raise a matter for the Suburban/Interface Services and Development attention of the Minister for Sport and Recreation. The Committee’s current inquiry into livability options in action I seek is support for the replacement of sports outer suburban Melbourne. and other equipment lost in the February 2011 floods. Submissions for this inquiry closed to the public on The floods of 2011 caused considerable damage in 30 June. So far the committee has received 79 written Mildura. Our annual rainfall arrived in under 24 hours. submissions. However, the committee has not received The Mallee is a series of basins and the water collects at a submission from the government. Almost five months the bottom of those basins — that is, floods generally after the closing date, there have been requests to the come and go, but floods in the Mallee come and stay. government from both committee staff and committee I will focus on Cardross, which is in a large basin with members for it to provide a submission, yet nothing has the community’s facilities at the bottom. The sporting been forthcoming. facilities have been hardest hit. I toured the Cardross The issue of livability in the outer suburbs is extremely oval, clubrooms and change rooms recently with the important, and the inquiry is looking into issues relating federal member for Mallee, John Forrest, as we were to population growth, trends and impacts, and the both attending the Cardross show. The works in pressure on medical health and support services in the progress on the site are being done by the Mildura outer suburbs. The committee is also looking at best Rural City Council. It is levelling the ground, because
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4916 ASSEMBLY Wednesday, 26 October 2011 practice in urban renewal. These are extremely school earlier this year, and it did not take long to important issues to residents in the outer suburbs, but recognise the benefits that improved facilities would the government is yet to respond to this inquiry. bring to the school community. I recently attended a school council meeting at the invitation of the school The National Growth Areas Alliance has made a whole council president, Mr Tim Watson. It was certainly a range of statements on its website in regard to the very productive meeting, and the school council is to be effects of growth areas, the needs of families and the commended on its proactive and cooperative approach support that is needed for families in the outer suburbs. to working with me as its local member in order to It claims that: advance the school rebuilding project.
Whilst the growth areas play an integral role in Moriac is without doubt growing and on the rise. The accommodating growth in metropolitan regions across the nation, they are not equitably equipped with public transport primary school had approximately 170 pupils in 2007; and social infrastructure services — this has risen to 220 students at present. It is another example of a school and a community that have such as health, education and cultural and community experienced growth that the previous Labor services. Certainly through the committee’s hearings so government ignored, its members having had their far these are some of the things we have seen. heads in the sand for 11 years. The Baillieu government has inherited a similar situation in Torquay as a result As the member for Keilor I represent one of the biggest of 11 years of inaction and poor planning by Labor. I growth areas in Australia, not just Victoria. The western look forward to continuing to work with the minister, region is predicted to rise from 85 000 residents up to the principal, Mr Durkin, and the school council to 245 000-plus by the year 2026. They are the ensure that modernisation works progress to the next projections, but serious plans are yet to be put in place stage. by this government on how that growth will be managed in the next 15 years. Responses
Certainly as population growth continues to add tens of Ms ASHER (Minister for Innovation, Services and thousands of new residents to both the Melton and Small Business) — The first issue that was raised with Brimbank regions every year, the disparity between the me was by the member for Bayswater in my capacity as west and other areas of Melbourne will continue to Minister for Innovation, Services and Small Business. widen unless this issue is met with a sustained and The member for Bayswater asked if I would visit her committed policy response. The challenge for electorate of Bayswater to meet with various small government is to develop infrastructure and increase the businesses, and perhaps others given her broader quality and quantity of service provision at a pace that discussion about business in her electorate, to have a can keep up with the rapid growth that is predicted over discussion with them. Of course I am delighted to do the next 15 years. I ask the minister to get his act so. I know the member for Bayswater has spent together, to pull together the government submission considerable time making sure that businesses in her and to respect the inquiry, the committee and most electorate have access to her and understand the range importantly the families of the outer suburbs. of programs and services offered by the government.
The ACTING SPEAKER (Mr Nardella) — The member for Bayswater specifically raised the issue Order! The honourable member’s time has expired. of the carbon tax and the additional costs that that will impose, particularly on the small business sector. I was Moriac Primary School: rebuilding handed a very alarming letter the other day from one Mr KATOS (South Barwon) — It is my pleasure to business to another business which said they cannot rise this evening and request some action from the place any further orders because they are scared about Minister for Education, who has just entered the house. the carbon tax. I think that is an alarming thought, and I The action I seek is for the minister to visit Moriac am more than happy to discuss some of the problems Primary School in the electorate of South Barwon and associated with the carbon tax and the fact that the view plans to reconstruct the school. I have been federal proposal will require small businesses to absorb working closely with the principal, Mr Steve Durkin, in the costs of this particular tax. Of course I will go to the providing representations to assist the school to electorate of the member for Bayswater. Of course I advance to the next stage of works. will be delighted to meet with a range of businesses, and I will discuss any matter that the member wishes Moriac Primary School has been involved in planning me to discuss at that forum or any other type of activity for its building project for some time. I visited the that she wishes to organise.
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The member for Monbulk raised a very important issue. accommodation, which would have to be funded However, just before I respond to that — and I through the private sector. There also is talk of a whole congratulate the member on becoming a father again; I range of additional improvements, including basic am happy to do that — I wish to make another more safety maintenance, but also significant enhancements, substantive point, and that is that I think the member for such as a new diesel locomotive and shed, locomotive Monbulk, as a former minister, should be pleased that upgrades and improvements and so on. The total ask for there is now a minister in the chamber who is prepared the grand plan is $45 million, and the total ask of the to answer his adjournment issue. I sat in this chamber public sector for the grand plan is $25 million. for 11 years in opposition and not one of my adjournment issues was ever answered by a minister in I acknowledge that the Labor Party, in its dying days of the previous government. I might add that when I was government during the election campaign — because I previously a minister in the Kennett administration — recall getting the phone call about it — did allocate an and I am sure the Acting Speaker will verify this — I amount of $10 million. Had it been re-elected, how that regularly attended adjournment debates and I answered would have been done I do not know. However, it is issues put to me by members of the Labor Party. I will factually correct that in its dying days of government maintain that tradition of ministerial responsibility and the Labor Party allocated $10 million. give the member for Monbulk a big shock by having a minister in the chamber actually answer the I also wish again to refer to a call by Edward adjournment issue he raised. O’Donohue, a member for Eastern Victoria Region in the other place, for the railway to be adequately funded. Mr Hodgett — Time! I also want to take this opportunity to mention the member for Gembrook, who has raised this matter with The ACTING SPEAKER (Mr Nardella) — me on a number of occasions, both before he was the Order! The honourable member for Kilsyth is out of his member for Gembrook, when he was the candidate, and place. obviously after his election as the member for Gembrook. He is encouraging me with considerable Ms ASHER — The government recognises the vigour to look at a whole range of funding opportunities importance of Puffing Billy, the number of people who for Puffing Billy but in particular to look at basic safety travel on Puffing Billy and the significant economic and obviously to take into account the grand plan on advantage to the local area of Puffing Billy. That is why which, as I said, I have been fully briefed. the previous coalition administration funded to such a large extent a range of capital improvements for The matter has been raised with me by representatives Puffing Billy via the Community Support Fund, so I of Puffing Billy themselves, and because the member think we have a very good track record on that. The for Monbulk has been a minister, he knows budget member would also be aware that I allocated $500 000 processes. I appreciate his wanting to make some this year to Puffing Billy for urgent rail safety work, as representations on the part of Puffing Billy — that is was required. I do not think he is disputing that fine, and he is getting an answer — but he is familiar allocation at all. One of the main problems for Puffing with the budget process. I will work through the budget Billy is that there have been ongoing maintenance process, and I can give him and the member for issues, which have existed for many years. However, Gembrook an undertaking that the matter will be another and more substantive matter, which is the one seriously considered. the member is raising with me, is Puffing Billy’s grand plans for what it would like to do in the future. Mr MULDER (Minister for Public Transport) — The member for Brunswick raised an issue with me in I will take a moment of the house’s time to walk relation to the intersection of Nicholson and Miller members through what the grand plan is, because I was streets in Brunswick East and the fact that that acquainted with it as a member of the opposition. intersection poses a danger to school children in the Basically Puffing Billy’s representatives are proposing area, particularly at drop-off and pick-up times. There is a very substantial combination of private and public also a tram stop and a very busy bus route involved at sector investment opportunities which they think will that location. I must say that I am somewhat surprised provide a very fine tourism product — and no doubt that this issue has turned up at such an early stage in the their plan will provide a tourism product. They are life of the new government. If my memory serves me talking about having a discovery centre, which would correctly, the former Parliamentary Secretary for interpret history relating to the Dandenong Ranges, in Transport was also the member for Brunswick. I would addition to engagement with railway and steam have thought he would have dealt with that very experiences. There is talk of the possibility of quickly if there was a significant safety issue there.
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The member for Brunswick also indicated that she had VicRoads is looking at a number of options, including been blocked in terms of having access to local providing an appropriate return on a state-owned asset, VicRoads officers to meet at that particular site. I know provision for additional housing and public facilities, the member for Brunswick is a new member, and I improved public amenity through additional open space know the member for Bayswater, who was listening to and preservation of important aspects of cultural her contribution, pointed out to me that it was very heritage and native flora and fauna. This work will be common practice in the last government for ministers to undertaken in such a way as to ensure that stakeholders intervene and refuse members of the then opposition and the broader community are engaged and provided access to local authorities. I know the member for the opportunity to voice their opinion on the best use of Bayswater indicated that she was trying to get access to the land. VicRoads is currently considering the best a local ambulance officer to talk to him about issues approach to the project — either dividing the and that her access was continually blocked, but I am geographical area into sections or the whole area being not going to go down that pathway. covered at once.
I will say to the member for Brunswick that I am going Consultation has begun between VicRoads and major to arrange a meeting for her with the local VicRoads stakeholders, such as the City of Whitehorse, the people at that location so that she can point the issue out Department of Planning and Community Development, to them and have a discussion as to whether or not there the Department of Sustainability and Environment and are some short-term, medium-term and long-term Parks Victoria. Property surveys have been undertaken safety improvements we can make to that location. If to formally establish the boundaries of the geographical possible, I will attend, but it is not always possible, and area. Over the next 12 months a community reference I will try to get someone from my office to also attend group will be established. There will be continued that particular meeting. face-to-face meetings with major stakeholders on issues and expectations, consultation processes to establish We are very keen as a new government to continue community perspective on the best use of land within some of the good work that has taken place in relation the Healesville freeway reservation, recruitment of to road safety improvements throughout the state. At town planning and urban design consultants and the moment I know we have something in the order of various types of community consultation, including 20 less deaths on the current road toll as compared to letterbox drops, newspaper workshops, online forums the position we were in at this time last year. We are and flora and fauna surveys. very keen to continue with that. Today I launched a further road safety program involving young children I would be more than happy to go out there and meet over at the Melbourne Museum: a helmet rap with a with the member for Forest Hill, who has been very group of very interested community organisation active in trying to get the best possible outcome that he representatives, educators and parents, who are keen to can in relation to the Healesville freeway reservation. do something about some of the issues we have had in We will meet with members of the local community relation to fatalities involving young children. I know and local interest groups, take a walk along the that on the day before that a further program was raised reservation and see what we think we can add to that. I in relation to fatalities we have had in driveways, which am sure the member for Forest Hill is happy with the are of grave concern to the government. I will organise role that VicRoads has undertaken to this point in time, that for the member for Brunswick, and my office will but if we can improve on that, we will. I certainly look be in touch as soon as it can. forward to meeting the member for Forest Hill at that location. The member for Forest Hill raised an issue with me in relation to the Healesville freeway reservation. The The member for Northcote raised a very important background to this particular issue is that in 2009 issue with me in relation to the former Labor VicRoads completed a strategic review of the section of government’s buy now, pay later fare increase that the Healesville freeway reservation from Springvale currently sits within the state budget documents. The Road to Boronia Road. It is no longer required for member for Northcote suggested to me that this VicRoads’s purposes, and the section comprises an area particular fare increase, which was imposed on of approximately 35.6 hectares within the suburbs of Victorians by the former Labor government, be Forest Hill, Vermont and Vermont South. The idea is scrapped due to the fact that the items in the transport that VicRoads is currently exploring options for the plan that were to be funded by this particular increase Healesville freeway reservation. have been scrapped by the current government.
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Wednesday, 26 October 2011 ASSEMBLY 4919
I will inform the member for Northcote about a couple The ACTING SPEAKER (Mr Nardella) — of issues. Firstly, if she would like to go to page 71 of Order! The member for Northcote is to desist. the former Labor government’s transport plan, she will see it says: Mr MULDER — It is here in black and white, and I am happy to table it for the member for Northcote if she When new trains and additional capacity are delivered to the would like. It is a buy-now, pay-later scheme. All those public transport network in 2011, fares will increase above involved have been acknowledged. Not only that, but a consumer price index (CPI) to reflect some of the cost of the investment. lot of those people currently sit on the frontbench in opposition. They should hang their heads in shame. The trains are being delivered — boom, boom! The ACTING SPEAKER (Mr Nardella) — I go to page 160 of the Victorian transport plan Order! The Minister for Education, to respond to the prepared by the former Labor government, which says: member for South Barwon. Before I go any further, I would like to give my condolences to the minister. When new trains and additional capacity are delivered to the public transport network in 2011, fares will increase above Mr DIXON (Minister for Education) — Thank you, CPI to reflect some of the cost of the investment. Acting Speaker. Not only are the new trains being delivered, but the government is also ordering additional trains on top of I will respond tonight to the member for South that. The regional rail link project is proceeding, South Barwon’s contribution regarding Moriac Primary Morang is going forward, the Sunbury electrification is School. That school has a great school community going forward and protective services officers are going which has done a lot of great work over the years in to be on stations. organising and lobbying for the future planning and rebuilding of the school. The member for South I will also go to the introduction of the Victorian Barwon has been very involved in that and is a great transport plan in which the architects of this CPI representative of all the schools in his electorate. He is increase — this buy now, pay later scheme — are one of those who frequently knock at my door to talk to acknowledged by the former Premier. I will quote from me about the needs of the schools in his electorate. the document of the architects of this buy now, pay later fare increase, which was put together by the I have always found — when members from both sides former Labor government and is currently sitting in the of the house invite me — that it is worthwhile to visit budget documents. The former Premier’s message says: schools. You might see a plan or a letter on paper, but when you actually go and see the conditions at the I thank the members of the Victorian cabinet transport school, where it is placed, meet the people and see the subcommittee, my ministerial colleagues the Treasurer, John site itself it makes a big difference to your Lenders, the Minister for Public Transport, Lynne Kosky, the understanding of the issues. I am more than happy to Minister for Roads and Ports, Tim Pallas, the Minister for Planning, Justin Madden, the Minister for Regional and Rural take up the invitation of the member for South Barwon, Development, Jacinta Allan, and the Minister for who, as I said, is a great advocate for his schools. I will Environment and Climate Change, Gavin Jennings. certainly visit Moriac Primary School community early next year; I do not think I will have an opportunity to He wanted to thank them for putting the scheme do it this year. I look forward to meeting with that together, a scheme that was imposed by the former community and hopefully taking the opportunity to Labor government on commuters in Victoria. I say to visit a few other schools in the area when I am down the member for Northcote that this was a Labor there. government buy-today, pay-later scheme. That is the typical economics of a Labor government. We have to Mr DELAHUNTY (Minister for Sport and look at this funding model put forward by the former Recreation) — Firstly, I would like to respond to the Labor government. It sits within the budget forward issues raised by the members for Rodney and Mildura. estimates. If the money were to come out, it would have They both raised the issue of severe flooding that to be found from somewhere else. We have to fund the impacted on their electorates earlier this year. There is desalination plant, the myki ticketing system and all no doubt that the effects of the floods that hit Victoria these types of projects, but they are the doing of the are still being felt by communities not only in their former Labor government. The member for Northcote areas but right across Victoria. Sporting clubs were knows this to be the case. particularly badly affected because a lot of their facilities were built along rivers and streams, so Ms Richardson interjected. clubrooms and facilities were affected. Some were completely wiped out and some lost valuable sporting
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4920 ASSEMBLY Wednesday, 26 October 2011 equipment. That is why the Floods Community Sporting clubs right around Victoria will also receive Recovery Fund was established. funding as the regional staff of the Department of Planning and Community Development continue to The fund is a joint initiative of the state and work closely with local councils, community groups commonwealth governments to provide $4 million to and peak bodies to identify further recovery projects. assist Victorian communities with the massive clean-up The coalition government will continue to work closely they faced. Since the fund was established, more than with local councils and key stakeholders to ensure that $2.6 million has been distributed to 25 councils and this funding brings about the best local outcomes, as 118 community organisations, supporting the delivery have been outlined by members, in the aftermath of the of over 200 flood recovery projects. That has been an floods. The $4 million Floods Community Recovery enormous task, and congratulations are due to all who Fund, to which the state and commonwealth have been involved up to this point. governments have each contributed $2 million — and I thank the federal government for supporting us — Flood-affected communities are starting to see an array supplements other available funding and provides of projects being delivered with funding assistance financial support to help flood-affected communities from the Floods Community Recovery Fund, and get back on their feet. Well done to those two members. grants for sporting groups and facilities, like the ones we are announcing here tonight, are among the latest The member for Derrimut raised a matter for the round of grants. Funding is being provided for a range Minister for Environment and Climate Change. I am of projects, ranging from replacement of sporting pretty sure it was in relation to Stirling Drive in equipment to large restoration projects at sporting Derrimut. There are some odour problems in that area facilities to repair flood damage. impacting on the Brimbank Gardens and Caroline Springs communities. The member is looking for As the member for Rodney has highlighted, these assistance from the Environment Protection Authority. I grants can make a meaningful difference to sporting will pass that request on to the Minister for groups in communities. We often get the best local Environment and Climate Change, and I am sure he outcomes when departments work with local will move quickly on that, as he does with a lot of these communities. Sporting-related projects are significant, things. particularly in the electorate of Rodney. I am pleased to announce tonight that in relation to the issues the The other request was made by the member for Keilor member for Rodney has raised, the Campaspe walking to the Minister for Planning. It related to the inquiry trail, the Rochester Table Tennis Club and the into the livability options in outer suburban Melbourne. Rochester Tigers Cricket Club will share in over She spoke about the fact of population growth — and $10 000 to replace sporting equipment and lay a new she is right. On the western side of Melbourne there is walking track to replace that damaged by the floods enormous growth. As Minister for Sport and Recreation earlier this year. I have seen the requests coming in for sporting grounds and facilities; there are a lot of requests for them. The It has been highlighted by the member for Mildura — member spoke about livability, but she really put the and I have a son who lives in Mildura — that rain pressure on the minister by telling him to get his act equivalent to the annual rainfall fell there in 24 hours. together. In Victoria as minister for sport I have a board Sporting facilities were hit hard. It was pleasing to see called the Boxing and Combat Sports Board. It is that the member for Mildura was out there working responsible for approving combat sports, such as with the community and was assisted by the federal boxing et cetera. I wonder whether the member for member for Mallee, John Forrest. The federal member Keilor had a permit for a fighting event in her office had had to deal with a pretty tough period of drought between the former member for Keilor and a staff over the previous 10 or 12 years, so it was a great member of the member for Macedon. Again I will pass change to have this enormous flood, which particularly the member’s request on to the Minister for Planning, impacted the area of Cardross. Many of the and I am sure he will move quickly on this one, as he organisations there, whether they be football, netball or does. cricket clubs, have been working together, and that is great to see. I am pleased to announce for the member The ACTING SPEAKER (Mr Nardella) — for Mildura that the Cardross Cricket Club, the Order! The house is now adjourned. Cardross Football Netball Club and the Red Cliffs Lawn Tennis Club will share in over $4500 from this House adjourned 11.51 p.m. very important fund to assist in replacing essential equipment that was damaged by the floods and cannot be recovered.