25 Mar 1997 Papers 757

TUESDAY, 25 MARCH 1997 Education (General Provisions) Act 1989— Education (General Provisions) Amendment Regulation (No. 1) 1997, No. 59 Mr SPEAKER (Hon. N. J. Turner, Nicklin) Health Act 1937— read prayers and took the chair at 9.30 a.m. Health (Drugs and Poisons) Amendment Regulation (No. 1) 1997, No. 64 AUDITOR-GENERAL'S REPORTS Hospitals Foundations Act 1982— Mr SPEAKER: I have to advise the Hospitals Foundations Amendment House that today I received from the Auditor- Regulation (No. 1) 1997, No. 57 General the following reports: the Second Local Government Act 1993— Report on Audits Performed for 1995-96 Local Government Legislation Amendment (including Local Governments) and Audits of Regulation (No. 1) 1997, No. 63 Aboriginal Councils and Island Councils Mental Health Act 1974— Performed for 1995-96. Mental Health Amendment Regulation (No. 2) 1997, No. 58 PETITIONS Primary Producers' Organisation and Marketing The Clerk announced the receipt of the Act 1926— following petitions— Primary Producers' Organisation and Marketing (Queensland Pork Producers' Organisation) Amendment Regulation Quaid Road (No. 1) 1997, No. 60 From Mr Gilmore (1,177 petitioners) Stock Act 1915— requesting the House to take steps to open Stock Amendment Regulation (No. 1) the highway between the Peninsula Road, Mt 1997, No. 61. Molloy and the Captain Cook Highway, commonly known as Quaid Road to the public, thereby giving greater access from Cairns to OFFICE OF THE MINISTER the north. Mr BORBIDGE: In accordance with the guidelines for the financial management of the Office of the Minister, I now table a statement Surgeon, Dalby of expenses of the Ministers of the Crown for From Mr Littleproud (1,184 petitioners) the 1995-96 financial year broken down into requesting the House to take action regarding the following categories: domestic travel, a resident surgeon in the town at Dalby. overseas travel, motor vehicle operating expenditure, charter costs, domestic official functions, overseas official functions and Lollipop Person, Albany Creek other. Ministerial expenses that have been From Mr Welford (124 petitioners) unsigned by previous Ministers are also requesting the House to re-employ the included for information purposes. In addition, services of the lollipop person for the crossing details of overall ministerial office expenses on the corner of Old Northern Road and are included in the Treasurer's Annual Keong Road, Albany Creek. Statement. Petitions received. PAPERS STATUTORY INSTRUMENTS The following papers were laid on the table— In accordance with the schedule circulated by the Clerk to members in the (a) Premier (Mr Borbidge)— Chamber, the following documents were Expenses of Ministers of the Crown 1 tabled— July 1995 to 30 June 1996 Chemical Usage (Agricultural and Veterinary) (b) Attorney-General and Minister for Justice Control Act 1988— (Mr Beanland)— Chemical Usage (Agricultural and Minors' Civil Law Capacity—Report Veterinary Control) Amendment No. 50 of the Queensland Law Reform Regulation (No. 1) 1997, No. 62 Commission. 758 Ministerial Statement 25 Mar 1997

MINISTERIAL STATEMENT cooperative federalism in the past. However, it Ethnic Affairs is in line with what the Federal Governments have been doing to the States for 10 years. Hon. R. E. BORBIDGE (Surfers Paradise—Premier) (9.34 a.m.), by leave: As members would be aware, the 1997 Honourable members would be aware of the financial Premiers Conference on 21 March recent initiative of the Queensland Ethnic concluded without a resolution of the level and Affairs Ministerial Advisory Committee to distribution of Commonwealth funding to the overhaul Queensland's ethnic affairs policy. States and Territories. This is the first time that This process began last July when I approved this has happened in the history of the terms of reference for the study which was Premiers Conference and represents a conducted by the committee under the significant deterioration in chairmanship of Professor Mary Kalantzis. Its Commonwealth/State financial relations arising purpose is to ensure that the programs and directly as a result of the intransigence of the services of the State Government are Commonwealth Government. adequate, remain cost effective and are The particular point at issue for the States appropriate for Queensland's cultural diversity. and Territories and the substantive cause An early initiative of the State leading to the adjournment of the conference Government was to move the Bureau of was confusion. Ethnic Affairs into the central portfolio of my Mr Elder interjected. department in recognition of the role played by Mrs SHELDON: No, the reason there is the bureau and the importance of our ethnic very little money in the State coffers is communities as part of Queensland's social because of the Opposition's economic fabric. mismanagement. Does the member opposite Mr Fouras: Did you know that today is remember the $75m hole in the Health Greek national day? budget? I do not know how he can sit there Mr BORBIDGE: That is very relevant. I and smile. thank the honourable member for reminding The particular point at issue for the States me. I table a copy of the committee's report and the Territories and the substantive cause and encourage all interested members of the leading to the adjournment of the conference community to read it and to consider its was confusion on the part of the recommendations. The document will remain Commonwealth as to the level of specific open for public comment for eight weeks. purpose payment reductions it was going to Persons wishing to obtain copies of the report impose in 1997-98. The Commonwealth had or make a written submission should contact indicated in its offer document to the States the Department of Premier and Cabinet. and Territories that specific purpose funding to the States would be reduced from $10,937.8 billion to $10,692.1 billion, a reduction of MINISTERIAL STATEMENT $245.7m. Commonwealth Cuts to Queensland For Queensland, the offer document Hon. J. M. SHELDON (Caloundra— showed a reduction of $110.8m in specific Deputy Premier, Treasurer and Minister for purpose funding to the State. That is The Arts) (9.36 a.m.), by leave: It seems that excluding payments to local government and following the collapse of last week's financial to universities, with funding being reduced Premiers Conference the days of consultation from $2,067.1m in 1996-97 to $1,956.3m in over Commonwealth/State finances may well 1997-98. Around $50m of this reduction was be over. For 10 years, most of which was due to a reduction in our debt redemption under a Labor Prime Minister Paul Keating, assistance payment on account of the early the funds to the States have been consistently retirement of our financial agreement debt to cut. That is 10 years, for most of which a the Commonwealth last year. This means that Labor Government was in power in Canberra. the residual shortfall in Queensland's specific Opposition members: Your Liberal purpose funding indicated in the offer mates. document was around $61m. However, not all Mrs SHELDON: I am talking about the specific funding cuts proposed by the Opposition's mates. The Commonwealth has Commonwealth for 1997-98 were revealed in adopted the stance that what it says goes and the offer document. that there will be no consultation. This is not After lunch at the conference, the what we expected of the Federal Government, Commonwealth disclosed that it proposed particularly when it spoke so often of further cuts of around 1.3%, or about $139m, 25 Mar 1997 Ministerial Statement 759 to specific funding to the States and Territories Mrs SHELDON: If the Leader of the of which Queensland's share is approximately Opposition does not find it amusing, why $25m. This exposed a blatant ambush on the indeed is he laughing and guffawing the way part of the Commonwealth the likes of which he usually does in this House? we have never previously seen. This fiscal sleight of hand sets new and thoroughly As I said, that is a cut by the undesirable standards for the conduct of Commonwealth of $336m to Queensland's negotiations on Commonwealth/State Budget for 1997-98. Moreover, the reductions finances. It should be borne in mind that the in State funding from the Commonwealth over foreshadowed $86m reduction to the last two years are simply the culmination of Queensland's funding comprising the an extended period over which the disclosed cuts of $61m and the undisclosed Commonwealth consistently has cut back cuts of $25m comes on top of the $250m in funding to the States while continuing to ongoing funding cuts as a result of last year's increase outlays for its own purposes and blow Premiers Conference. These ongoing cuts out its own net debt. comprise the following elements— Nevertheless, despite these cuts, States a fiscal contribution amounting to $119m and Territories have collectively managed to in 1997-98; reform their finances and reduce their net debt. Over the period 1991-92 to 1996-97, ongoing specific purpose funding cuts of Commonwealth own-purpose outlays around $60m; increased by over 17% in real terms compared the abolition of the Building Better Cities with a real increase of only 7% in States' own- program of $40m; purpose outlays. Running costs or administrative costs of Commonwealth an impact of the Commonwealth's agencies alone have increased by an decision to remove the wholesale sales astounding 27% in real terms over that period. tax exemption from a portion of the State In other words, the Commonwealth has failed Government vehicle fleet of $10m; to exercise the same fiscal discipline and a reduction in the base for the financial responsibility as it has expected, and which assistance grants as a result of a lower has been delivered, by the States. CPI outcome of $20m; and For the States and Territories, the point the $86m cut from last Friday's Premiers' has been reached where enough is enough. meeting. We can no longer endure further cuts in grants That is a cut by the Commonwealth of $336m to bail the Commonwealth out of problems of to Queensland's budget for 1997-98. its own making, especially when the Commonwealth's fiscal capacity is more than Opposition members interjected. three times greater than the combined Mrs SHELDON: It is terrible because capacity of all the States and Territories. If the people in the State will miss out on services. Commonwealth persists with these further That is why it is terrible. Moreover, the cuts, all Queenslanders will suffer as a reduction in State funding from the consequence of the resultant funding shortfall Commonwealth over the last two years is for the State. That means cuts to services for simply the culmination—— all Queenslanders because of Canberra's ineptitude. I will have no hesitation in sheeting Mr Beattie interjected. home responsibility for these cuts directly to Mrs SHELDON: I am amazed that the the Commonwealth Government. Leader of the Opposition thinks this is Mr Elder: Your Liberal mates. amusing. I would have thought he would have been out there fighting for Queensland the Mrs SHELDON: The member did not way we were. He is the one who laughed, not have the political honesty to sheet it home to me. his own mob when they were in there for the Mr BEATTIE: I rise to a point of order. past 13 years, but we are at least prepared to The Deputy Premier is misleading the House. I say so. Queenslanders should not be forced do not find this amusing, but I agree with the to face cuts in funding when the State Treasurer. We just cannot trust the Liberals. Government has produced a balanced Budget and made the hard decisions to cut waste. Mr SPEAKER: Order! There is no point The Commonwealth has betrayed the people of order. of Queensland with its last-minute cash grab. 760 Ministerial Statement 25 Mar 1997

MINISTERIAL STATEMENT cyclone Justin and in recognition of the Cyclone Justin importance of our rural people and small businesses in the area. The Queensland Hon. J. M. SHELDON (Caloundra— coalition Government has swung quickly into Deputy Premier, Treasurer and Minister for action to provide vital assistance to primary The Arts) (9.42 a.m.), by leave: I am most producers and small-business people who concerned about the personal hardship and have become the innocent victims of cyclone destruction that is being caused to our rural Justin. communities in the north and far-north Queensland by cyclone Justin. Mr McGrady: How about the north- MINISTERIAL STATEMENT west? Courts Service Strategy Mrs SHELDON: How about feeling Hon. D. E. BEANLAND (Indooroopilly— sorry for the people who were affected by that Attorney-General and Minister for Justice) cyclone, instead of making smart comments (9.45 a.m.), by leave: I refer honourable from the back bench, which is where the members to a question without notice asked member should be! by the honourable member for Chermside on The Queensland Rural Adjustment 20 March this year concerning the Courts Authority, or QRAA, administers the natural Service Strategy. In the course of asking the disaster relief assistance schemes for primary question, the honourable member tabled a producers and small businesses under the statutory declaration by Mr Michael Bertram, auspices of the Queensland Treasury. An former president of the Justices of the Peace officer of the authority has been despatched Council. Mr Bertram asserted that, contrary to to the area to provide an opportunity for my answer to question on notice No. 962, he personal advice to victims of the cyclone and had "never participated in any formal or to keep me informed of the scale of the informal discussions nor met with any officer of disaster on our rural industries, particularly the Courts Division" to discuss the Courts sugar and banana crops. The Government is Service Strategy. organising a one-stop shop approach I have been advised by officers of my throughout the affected areas. QRAA's Colin department that Mr Bertram attended such a Holden will be available at the disaster relief meeting on 22 April 1996 where these issues centre over the next few days and can be were discussed. It is unfortunate that Mr contacted on (070) 528805 or (015) 671634 Bertram failed to recollect this meeting. for information. However, I stand by my answer to question on Under the natural disaster program, notice No. 962 and reject the assertion of the considerable support is available for primary honourable member for Chermside that I producers and small businesses that are deliberately misled Parliament. The affected by floods, cyclones and heavy storm honourable member would be more gainfully rains. The support is in the form of employed in prompting Mr Bertram's memory concessional loans to meet the cost of rather than wasting the valuable time set aside replanting and restoration of affected areas. It for his colleagues to ask questions. also provides assistance to the farm families and for essential property operations, including the replacement of farm buildings. Loans are MINISTERIAL STATEMENT also available for restocking in our animal Queensland Racing Incentive Scheme industries. For our vital small businesses, loans Hon. T. R. COOPER (Crows are available to help re-establish businesses Nest—Minister for Police and Corrective where damage has been caused as a result of Services and Minister for Racing) (9.46 a.m.), cyclones. All loans are at 6% interest with by leave: Last Friday I announced a varying terms. Loans of up to $100,000 and, performance evaluation of the Queensland in some instances, up to $150,000 will be Racing Incentive Scheme to be conducted by provided. These loans are subject to certain businessman Jim Kennedy. The review will criteria. identify ways to better the scheme for the I urge small businesses and primary benefit of the Queensland racing and producers in the disaster area to contact Colin breeding industries, and I am delighted to say Holden or, alternatively, directly contact QRAA that news of the review and Mr Kennedy's on the toll free number of 1800 623 946. This appointment has met with a positive response additional support is provided in recognition of right across the industry. I met with the QRIS the severity of the conditions caused by subcommittee on Friday to advise them of the 25 Mar 1997 Ministerial Statement 761 review, and I am happy to report that the create increased demand for the services committee, headed by Brian Allom, pledged of Queensland-based stallions; its support and cooperation to Mr Kennedy increase demand for Queensland-bred and the review. yearlings; The Queensland Racehorse Owners provide better returns for Queensland Association gave a glowing endorsement to breeders and owners; and the review in the Sunday Mail, saying that they believe a review of the scheme is long increase employment in the racing and overdue and that they also believe the breeding industries. conditions of QRIS at present are too limiting. I The review should, in particular, report on the am also aware of positive feedback regarding appropriateness or otherwise of the present the review from a number of other quarters of administration, financial and promotional the industry, including Mr Gary Turkington of aspects of the scheme. Wattle Brae Stud, Mr Jon Haseler of Ads regarding the review have already Glenlogan Park Stud, the Queensland been run in the weekend press. Written Bloodstock Breeders Sales and Mr Don submissions will close on 25 April, followed by Hancock and Mr David Chester of the Magic a consultative committee meeting on 30 April. Millions. A general industry forum is proposed for 6 While people in the industry generally May, with a final consultative committee believe that the concept of an incentive meeting on a date to be determined. The scheme is excellent—a belief which I share— review is expected to be completed by 31 many are disappointed that it has not lived up May. to their expectations, and they are itching at a Mr Kennedy's review presents a golden chance to have their say. It was always opportunity to develop a vision that will take intended that the QRIS scheme be the Queensland thoroughbred breeding reviewed—just like any other scheme the industry to the forefront in an increasingly Government puts considerable amounts of competitive national thoroughbred funding into—and it is now time that we environment. I want to see the maximum reassess our achievements thus far and see benefit derived from the State Government's where it can go from here. I do, however, want hefty investment in QRIS accrue to the to make one thing clear: this review is not a industry and to see Queensland breeding go witch-hunt, it is not a whipping post, and it is from strength to strength. not intended to go over past history or to vilify anybody; it is a constructive exercise to see if we can collectively do things better. MINISTERIAL STATEMENT Mr Kennedy and myself and, no doubt, Education and Training Exports the whole industry have a keen desire to build Hon. D. J. SLACK (Burnett—Minister a more vibrant, stronger breeding enterprise in for Economic Development and Trade and this State. Mr Kennedy will undertake wide- Minister Assisting the Premier) (9.50 a.m.), by ranging consultations with the racing and leave: I rise to caution Queensland that it risks breeding sectors, and invitations have been losing out to other States and nations in the issued to a broad cross-section of people to competitive business of education and training participate in a special 18-member exports. The Queensland education and consultative committee. Written submissions training export sector and a succession of have been called, giving everyone in racing an Governments have for years failed to capture ample opportunity to contribute and come up a fair share of the export market. As a result, with an improved scheme that is reflective of Queensland, whilst experiencing a 24.4% what the industry as a whole believes is growth in 1995 in international student arrivals, needed. The review will not be a legalistic is continuing to be underrepresented exercise but an exercise in lateral and creative nationally. Latest figures show that 12,343 thinking, firmly focused on lifting the potential overseas students were studying in and outcomes for home-grown Queensland Queensland. This represents 15.3% of the breeding and racing. national share. This is not good enough. The terms of Mr Kennedy's QRIS review Queensland's export education and training are to examine and report what changes, if sector, in partnership with the Queensland any, are needed to the Queensland Racing Government, is determined to change that. Incentive Scheme that currently applies in My Department of Economic Queensland to ensure it is meeting the Development and Trade and the Departments objectives to— of Education and Training and Industrial 762 Ministerial Statement 25 Mar 1997

Relations have embarked on an ambitious billion and is a major contributor to the gross marketing campaign to win more students for State product. This strategy will see the Queensland, especially from the Asia Pacific. establishment of a body known as Our initiatives include— Construction Queensland. The board will be the production of an international made up of three Government appointments marketing publication; and eight industry representatives. The board will oversee the implementation of the aims of the production of a Queensland the strategy, including the coordination of key education and training industry capability industry associations and resources. directory to provide snapshot information on each Queensland export education In keeping with this Government's provider; and philosophy of letting business get on with business, our intention is to hand this initiative a submission coordinated by this over to the industry within two years. The Government to the Federal review of the Government, through my department and Australian International Education those of my colleagues the Minister for Public Foundation. Works and Housing and the Minister for That submission made it clear to Canberra Economic and Trade Development, has that Queensland had missed out on valuable provided $480,000 seed funding to kick-start export earnings because of an unfocused and the implementation of the strategy. After two ill-equipped approach to education export and years, it is expected that Construction marketing. We must change that. Over the Queensland will be self-funding and supported next three months we are also looking to by the industry. establish a Queensland education home page Construction Queensland has been some on the Internet and produce an interactive CD- time in the making. It is a result of extensive ROM promoting Queensland education. industry consultation and planning. I am proud International students make valuable that all that hard work is finally coming to contributions to Queensland. In the future they fruition. The construction industry is an will become their nation's business and extremely important contributor to our Government leaders. I believe that they will economy. However, it is also an industry look back with friendship to the State that whose growth potential is threatened by its gave them friendship and education. fiercely competitive tendering environment, Economically, international students last year fragmented and diverse span of activities and contributed $350m to the State economy in increasing globalisation. If the industry is to fees and living expenses. I am told that this is fulfil its promise over the coming decades, equal in economic value to that of our wool then it is vital that we bring all parties together and wheat industries combined. Studies show to establish a strategic approach to future that last year alone that export sector created development. Construction Queensland is just an additional 7,000 new jobs. It is forecast that approach. that, by the turn of the century, education and I commend to the House the efforts of all training exports will be valued at between Government staff who have worked on this $550m and $600m. The Queensland project, and industry representatives whose Government and the Queensland education input has been invaluable. In particular, I export sector are working in partnership to would like to thank Mr Barry Freeman, ensure that Queensland realises its huge inaugural Chairman of Construction potential as Australia's premier export Queensland, for his commitment to the education provider. process.

MINISTERIAL STATEMENT MINISTERIAL STATEMENT Construction Queensland Cyclone Justin Hon. B. W. DAVIDSON (Noosa— Hon. T. J. PERRETT (Barambah— Minister for Tourism, Small Business and Minister for Primary Industries, Fisheries and Industry) (9.53 a.m.), by leave: I take great Forestry) (9.55 a.m.), by leave: Primary pleasure in informing the House today that producers in north Queensland are this Cabinet has endorsed a strategy to guide the morning facing the tragedy of crop losses in development and performance of the vicinity of $150m following gale-force winds Queensland's $5.2 billion non-residential and flooding rain during the past three days construction industry. The overall Queensland caused by tropical cyclone Justin. Worst hit are construction industry is valued at nearly $10 the sugar, banana and pawpaw industries, 25 Mar 1997 Ministerial Statement 763 with the damage spread from as far north as the water goes down to fully assess the Mossman to Bowen in the south. Although it damage. will be at least a week before we have a better On the more positive side, in the estimate of the damage, the State Burdekin, cyclone Justin did not generate Government has moved quickly to declare the severe winds, but good falls of rain averaging region disaster stricken, triggering State and from 130 millimetres to 250 millimetres were Federal Government assistance under natural reported. I was told yesterday that two metres disaster relief arrangements. of water was running over the Burdekin Dam The Premier, the Minister for Transport spillway, which is good news for the district. and I personally visited some of the worst The Burdekin's sugar crop does not appear to affected areas yesterday and met with growers have suffered any detrimental effects. and staff from my department, who have been However, some vegetable growers, particularly busy assessing the damage as weather in the Gumlu district, where about 20% of the permits. Accurate damage figures are difficult area had been planted, have been severely to assess at this stage because access to affected. Most growers believe that they will many properties is cut by floodwaters and lose 25% to 30% of their capsicum and melon producers themselves have not been able to crops. In the Bowen area, fortunately, there get out to assess their own losses. However, has been only minimal damage to horticultural the main damage has been on the coastal crops. belt from Cairns to Ingham. Annual sugar production in that region is worth more than In summary, my department and I will half a billion dollars per year. The industry continue to monitor the situation closely and believes that the crop could easily suffer a provide assessments of loss as the water 10% drop in yield as a result of lodging and recedes. For some crops, we will not really water logging, thereby resulting in a $50m loss know the full impact of Justin until harvest to the industry. On top of that, there will be time. Departmental officers will be on hand to substantial costs for growers who have to assist producers in any way possible. Although repair roads, buildings, paddocks and other damage to the sugar and banana crops is infrastructure, as well as the reduced multiplier substantial, losses for some individual effect of sugar earnings throughout the producers will be enormous, with some totally community. The region also grows 65% of wiped out. I will work closely with industry Australia's bananas, and this year was organisations such as the Queensland Fruit expected to produce a bumper $200m crop and Vegetable Growers and Canegrowers to due to increased plantings and good seasonal ensure that the State Government does conditions. Early estimates by industry put the everything possible to help these producers loss at around 50% to 60% of the crop; in and regions get back on their feet as quickly other words, a damage bill of up to $100m for as possible. the industry. Pawpaws are the other major horticultural MINISTERIAL STATEMENT crop affected by cyclone Justin. In the Innisfail district, 80% of the short-term production has WorkCover Queensland been lost, while 20% of the May/July Hon. S. SANTORO (Clayfield—Minister production has also gone. Sunburn will affect for Training and Industrial Relations) others. The industry puts the damage bill up (9.59 a.m.), by leave: Since becoming the around $5m. Flooding remains a problem in Minister responsible for workers' the Tully, Murray, Kennedy and Herbert flood compensation, I have given a commitment to plains. It is the largest flood in the Tully River keep the House and the public informed of the since cyclone Winifred in 1986 and the largest progress of Queensland's workers' in the Murray and Kennedy Valleys in 25 compensation scheme. Honourable members years. Up on the Atherton Tableland, would be aware that since we were last in this producers seem to have escaped the worst of place the Workers Compensation Board was the havoc that cyclone Justin wreaked on the replaced by WorkCover Queensland on 1 coast. While tobacco and some fruit trees February 1997. The new Board of WorkCover have suffered some damage, about 40% of Queensland has met formally on three the maize crops have been flattened. This will occasions and its members are optimistic and cost tableland growers between $1m and enthusiastic in their new role. That new board $2m. I want to reassure the primary producers is one of professionals who bring of north Queensland that my departmental demonstrated specialist business and staff will be on hand to assist in any way commercial skills and acumen to the possible and will be out in the field as soon as administration of workers' compensation in this 764 Ministerial Statement 25 Mar 1997

State. The board is charged with achieving of common law claims with a 1995 injury date financial stability for the fund while providing a indicates that 61% of common law claims system of accident insurance that addresses commenced while the statutory claim was still the needs of Queensland's injured workers current. It is worthy of note that while common and employers. law intimations trended down in the first half of the current period, this trend has not held For the benefit of honourable members, I during the second half. point out that the board members are Mr Frank Haly as Chair, Mr Terry White as Deputy A preliminary analysis of common law Chair, with Ms Christine Maher, Mr Hugh settlements during the seven months to Greenway, Dr Jane Wilson, Mr Colin Thatcher, January 1997 for injuries occurring up to June Mr Terry Boulger, Mr Jim Stewart and Mr Gil 1996 has indicated a lower than projected Neilan. All board members have been average settlement amount, down by 14% on appointed for an initial three-year term ending projected figures, while average legal costs for on 31 January 2000 to coincide with the timing these settlements were 7% lower than of the further review recommended by Mr Jim projected. If this analysis holds over time the Kennedy to be held in three years' time. I projected provision required to 30 June 1996 thank all board members for accepting the is reduced by $15m for net common law invitation to be part of this most important task settlements and $2m for legal costs. The and I should like to take this opportunity to analysis also shows a reduction in the rate of wish them well in their endeavours. return on investments in future years amounting to $23m, resulting in an overall With respect to claims experience, I can improvement in the central estimate as at 30 inform the House that as at February 1997, June 1996 of $11m from the previous new statutory claims experience continues the estimates I have outlined to the House. trend of recent years. Statutory claim numbers and costs have decreased when compared to In conclusion, it is important to note that the same period in 1995-96 by 9.5% and the position I have just outlined relates to 11.8% respectively. A preliminary analysis of injuries occurring up to 30 June 1996 in light of claims data for the first seven months of the the most recent actual data. It would be financial year to January 1997, after allowing imprudent to jump to conclusions as to the for the introduction of the four-day excess likely effect of legislative changes from period by the previous Government from 1 January 1996 and February 1997 at this early January 1996, indicates that the underlying stage, particularly in light of the rapid claim frequency for 1996-97 appears to have deterioration in the common law claims reduced slightly from that of 1995-96. experience during the three years ended 30 Preliminary estimates of the outstanding June 1996 and the volatility of figures during liability for statutory claims as at 30 June 1996 the current financial year. have been reduced by $17m in light of claims However, preliminary estimates of the experience to January 1997. projected unfunded liability as at 30 June Over the period July 1996 to February 1997, based on claims experience to January 1997, new common law claim intimation 1997, range from $240m with a 70% numbers have decreased by 16.7% while probability of sufficiency to $387m at 80% common law payments have increased by probability of sufficiency and $536m at 90% 25.9% when compared to the same period in probability of sufficiency. But, again, the 1995-96. A preliminary analysis of claims data volatility of the figures in light of experience for the first seven months of the financial year, leads me to again state that only time will tell after considering the likely effects of Labor's how effective the legislative changes made restrictions on access to common law that over the last couple of years will be. came into effect on 1 January 1996, indicates that the pattern of intimations for pre-threshold injuries is consistent with actuarial projections. MINISTERIAL STATEMENT The changed pattern in intimations Landcare expected as a result of the introduction of an Hon. H. W. T. HOBBS (Warrego— irrevocable election to proceed to common law Minister for Natural Resources) (10.04 a.m.), with consequent forfeiture of future statutory by leave: As March is Landcare month benefits combined with the requirement of a Australiawide, it is an appropriate time to stable and stationary medical condition means acknowledge the important role Landcare a delay in the lodgment of common law groups play in the sustainable use of the intimations compared to past years. Sampling State's natural resources. Since October 1987, 25 Mar 1997 Ministerial Statement 765

175 Landcare groups have formed in Landcare movement who do a great job for Queensland and several more are in the Queensland. preliminary stages of formation. While 15 groups have disbanded during this time, many of these have re-established under different MINISTERIAL STATEMENT structural arrangements. Auditor-General's Report on Audits of My department provides grants for the Aboriginal and Island Councils establishment of Landcare groups, the funds Hon. K. R. LINGARD (Beaudesert— used to offset costs such as hiring halls for Minister for Families, Youth and Community public meetings and other establishment Care) (10.07 a.m.), by leave: My statement is costs. Further grants are also available for in respect of the Auditor-General's report, annual administrative costs. Landcare groups which was tabled in the House today. There is are entitled to nominate and vote in the little doubt that it is a most encouraging report annual election of three representatives to the from the Auditor-General. The work that was Queensland Landcare Council, which is a done in the latter part of the 1995-96 financial ministerial advisory body with broad year and the subsequent appointment of community, industry and Government community services officers, which was representation. Queensland groups are foreshadowed to Parliament last year, augurs assisted by a State coordinator, 14 district and well for the future. regional Landcare facilitator positions funded jointly by State and Commonwealth funds, I refer all honourable member to page 14 and 43 project coordinators employed by of the report. For those on the opposite side groups with Commonwealth funding. Also, who chuckle, I point out that the Auditor- officers of my Department of Natural General states— Resources provide support to Landcare ". . . it is evident that a general groups in the organisation and implementation deterioration in the financial performance of projects and activities. of the respective Councils occurred from Landcare has provided a focus for about 1991-92 reflecting a change in fostering local action by local communities to departmental policy which resulted in a address local issues. The groups play a lessening of departmental on-site valuable role in encouraging land-holders to assistance to the Councils." move further towards production systems which are profitable and sustainable in the That problem has been addressed by the long term. My department actively supports appointment of the community services and promotes Landcare through the officers. I also agree with the Auditor-General's organisation and promotion of Landcare view when he said that, in relation to the events such as the State Landcare Awards, engagement of community services officers, Landcare Day, specific awareness activities, Audit expects to see some positive benefits displays at public events and through the flowing from this latest initiative during 1996- production of the quarterly Landcare and 97. Integrated Catchment Management News. I am pleased that the number of Landcare has become a major force disclaimers has fallen by 44% and that the throughout Queensland, and indeed number of unqualified accounts has increased throughout Australia, in terms of the by 29%. Moreover, there are a number of community working together to achieve councils which, with the assistance of the protection and rehabilitation of our land community services officers, should be able to resources. In a relatively short time, it has reach the status of an unqualified audit report become more than a movement. It is an ethic in 1996-1997. which all Queenslanders, and particularly I am also conscious of the fact that the those in non-urban areas, have used to recent council elections have resulted in some demonstrate their respect for and dramatic changes in the leaderships of some understanding of our land resources. The councils. In several cases these changes have success of Landcare is a clear demonstration occurred in those councils that have a poor of the fact that production and conservation accountability record. These changes will can operate together for balanced enable a new partnership to be established development. between those councils and the department I am sure all honourable members will join with the objective of improving financial with me in congratulating the members of the accountability. 766 Private Members' Statements 25 Mar 1997

MEMBERS' ETHICS AND NOTICE OF MOTION PARLIAMENTARY PRIVILEGES Censure of Minister for Emergency COMMITTEE Services and Minister for Sport Citizen's Right of Reply Mr BEATTIE (Brisbane Central—Leader Mr FITZGERALD (Lockyer—Leader of of the Opposition) (10.10 a.m.): I give notice Government Business) (10.09 a.m.), by leave: that I will move— I move— "That this House censures the "(1) That this House notes report No. 5 of Minister for Emergency Services and the Members' Ethics and Minister for Sport for misleading the Parliamentary Privileges Committee House in relation to— and the recommendation of the committee that a citizen's right of (1) his involvement in the appointment reply be incorporated in Hansard. of Ms Lyn Staib as a consultant to review the Queensland Fire Service; (2) That the House adopts the and committee's recommendation." (2) for his failure to fully explain to the Motion agreed to. Parliament the placement of Ms Response by Mr Bruce Wilkinson to remarks Staib on his ministerial staff." made by the Member for Rockhampton on 31 October 1996, agreed to by Mr Wilkinson and the Members' Ethics and Parliamentary PRIVATE MEMBERS' STATEMENTS Privileges Committee, in accordance with a resolution of the House on 11 October 1996— Mr C. Nicholls; Premiers Conference On 31 October 1996 during the second reading Mr BEATTIE (Brisbane Central—Leader debate on the Fire Service Amendment Bill the of the Opposition) (10.10 a.m.): We have Member for Rockhampton, Mr Robert another shady deal and it smells. Do Schwarten MLA, made comments adverse to honourable members remember Chris my reputation. Nicholls, the discredited former ABC journalist I strenuously deny Mr Schwarten's allegations who made allegation against the CJC? He that I undermined negotiations between the found work with National Party member for United Firefighters Union (U.F.U.) and the Broadwater, Allan Grice. Do honourable Queensland Government for workplace reform. members remember that he made the The matter before the Queensland Industrial Relations Commission was brought on my allegations later used by the Government as behalf by the Australian Workers Union. an excuse to create its $50,000 a day I strenuously deny Mr Schwarten's allegation Connolly inquiry into the CJC? What smells is that I in any way participated in the publication this: why did the National Party not pay Mr and/or distribution of CODE-INE. Nicholls directly for his work? Why was the I strenuously deny Mr Schwarten's allegation payment of $6,000 for his work laundered that I was involved in any way with any through the Adelaide consultancy company, "M.O.U." (Memorandum of Understanding) IBC Research, which belongs to Mr Nicholls' concerning the Fire Service. I believe that father-in-law? Who suggested that twisted Kevin Brazel, as the principal executive officer route and why? What do they have to hide? of the U.F.U. would have every right to seek policy statements on the Fire Service from any Queenslanders are sick and tired of the political party. way that this Government does business. If it I strenuously deny Mr Schwarten's allegation is not doing secret deals, it is selling the State that the placement of the advertisement in the short in Canberra. For days we have waited to Townsville Morning Bulletin was not authorised hear the good news from the Premier about or in accordance with the instruction of the his successful trip to Canberra. Honourable Brisbane Branch of the U.F.U. I worked in a members will remember that on the Thursday committee set up for that purpose by the before the meeting, the Premier said, "The Brisbane Branch and followed the directions of National Party is at grave risk unless we get that committee. our way on Wik." On Friday, the Treasurer I strenuously deny Mr Schwarten's allegation went down to help argue for more money. To that on 27 February 1996 that I rang the argue with whom? With the Sheldon Liberals Minister's Office claiming to be an adviser to in Canberra, Messrs Howard and Costello! The the Minister. Treasurer is right: one cannot trust the I thank the Honourable Members of the Liberals. Legislative Assembly for providing me with this opportunity to exercise the right of reply and to Since then, we have hardly heard a deny to the allegations made by Mr Schwarten positive word. All week the Premier had been MLA. preening his feathers and talking about what 25 Mar 1997 Private Members' Statements 767 he was going to do to his mates in Canberra. SCRUTINY OF LEGISLATION He was going to extinguish native title and get COMMITTEE more dollars for Queensland. Last week I Report predicted that the Premier would come back from Canberra a plucked duck, but I was Mr ELLIOTT (Cunningham) wrong. All we have back are the feathers; the (10.14 a.m.): I lay upon the table of the House duck stayed in Canberra. the Scrutiny of Legislation Committee's Alert Digest No. 3 1997. As some members may The Premier told the truth on one matter have noted from comments made in past Alert when he said, "Frankly we could have got a Digests, the committee values plain-English better deal from Paul Keating." He was right; drafting in our legislation. This is not only he would have got a better deal from Paul because clear and precise drafting is required Keating. by the Legislative Standards Act 1992 but also because plain-English drafting is understood Texas Water Supply Grant by more of the people who are affected by Queensland legislation. The committee is now Mr SPRINGBORG (Warwick) also aiming to produce reports drafted in plain (10.12 a.m.): I commend the Government, English. As chairman, I hope that this and particularly the Minister for Local improvement will make the committee's Government and Planning, for the wonderful reports easier to understand. I now move that initiative which is the Smaller Communities the report be printed. Assistance Program. That program is a part of the State Government's $150m, 10-year Ordered to be printed. program to assist rural communities around Queensland to upgrade their water and PRIVILEGE sewerage supplies. This program grew out of a promise made by the coalition before the last Mr C. Nicholls State election to put $600m into the upgrade Mr GRICE (Broadwater) (10.15 a.m.): I of sewerage and water supplies over 10 years. rise on a matter of privilege suddenly arising. I am very pleased to say that a large number Typically, the Leader of the Opposition has, in of communities around Queensland have his mentally—— benefited from this program so far. Mr SPEAKER: Order! What is the point In particular, the Minister recently visited of privilege? Inglewood to open a recreational facility and Mr GRICE: The Leader of the had the opportunity to speak with members of Opposition mentioned a secret payment to the Inglewood Shire Council about some of Nicholls. The source of the secret payment their concerns regarding the lack of filtration of was from the legal disclosures of the the Texas water supply. That water supply is electorate of Broadwater. Bills were rendered chlorinated but it certainly has not been and paid for political work done. The Leader of filtered. The Minister was most concerned the Opposition has misled the House. about that water supply. Probably few people can really understand the disadvantages that Mr BEATTIE: I said it was a shady some people suffer because of a lack of payment, which it is; not secret, shady. filtered water. The water might be chlorinated Mr SPEAKER: Order! There is no point and that takes out any bacteria, but not of privilege. having a filtered water supply creates all sorts of problems, whether it be sediments on the washing or in the teapot. PRIVATE MEMBERS' STATEMENTS I must commend the Minister because Resumed. she came to the party by agreeing to provide Leading Schools 100% funding for the cost of filtering the Texas Mr BREDHAUER (Cook) (10.16 a.m.): water supply. On behalf of the Texas Today, the Education Minister enters the community, I congratulate her for that. She Queensland history books as one of the most provided a subsidy to the Inglewood Shire incompetent and inept Education Ministers the Council of $475,000 to assist with the filtration State has seen. There have been few major of the water supply. That is another example challenges during his term in office as of this Government's commitment to Education Minister which he has been able to continuing the upgrading of services and discharge with credit to him or to the Borbidge facilities in rural communities. Government. Few people will forget the Interruption. debacle of the attempt to sack 6,000 State 768 Private Members' Statements 25 Mar 1997 school cleaners when "Backdoor Bob" showed Final figures will not be known until the his true colours, slinking through the back waters recede, but estimates indicate that gates of schools to avoid facing up to the sugar crops suffered at least a 10% loss hardship and turmoil he caused amongst through the flattening effects of the wind and Queensland cleaners. Last week, when the flood waters. Primarily because of wind Queensland Teachers Union revised its pay damage, bananas have sustained losses offer in negotiations with representatives of conservatively estimated at $100m. Due to Education Queensland, these negotiations flooding in the Tully district, large areas have were abruptly terminated and the QTU was been inundated. The pawpaw industry in thrown out of the proceedings. Innisfail has lost $5m, as older trees, heavy The Minister has failed to discharge his with fruit, were blown over and small trees in responsibilities to thousands of Queensland exposed areas were also lost. Trees that students, parents and, of course, teachers. survived the wind had their leaves shredded, The responsibility for today's strike by 30,000 leaving fruit vulnerable to sunburn. The effects school teachers falls squarely at the feet of the varied with both these crops. In some Borbidge Government and "Backdoor Bob", instances the losses were 10% and in other the Education Minister. The unholy shambles instances the loss was as much as 100%. that this Government has created in the The damage to infrastructure is quite enterprise bargaining negotiations with substantial and involves all facets of Queensland teachers is complicated by the government. Beach erosion resulting from Minister's incompetent attempt to radically higher than usual tides has been devastating restructure the education system in to many sections of the coast. Cyclone Justin Queensland through the Leading Schools was an ill wind that did some good, but it also proposals. This has been a divisive issue with brought considerable financial losses to many many teachers and parents believing that the people. At present, people are working in the Government's failure to provide adequate fields under very difficult conditions, trying to detail about the restructure amounts to recover crops. Bananas were flattened and schools and teachers being asked to buy a pig people are trying to do their level best to in a poke. recover what they can from their crops in the In my view, the saddest reflection on this short time that is available. dispute has been the approval by the Minister of a political campaign undertaken by Performance of Ministers Education Queensland in letterboxing nine marginal Liberal and National Party Hon. J. P. ELDER (Capalaba—Deputy electorates, as well as the seat of Gladstone, Leader of the Opposition) (10.20 a.m.): When with propaganda about the teachers' strike. the Premier stood up at the coalition "love-in" The question has to be asked whether this and declared, "We're going to hit the ground political campaign, particularly in the marginal running", the entire business community in coalition seats, is in breach of the Public Queensland said, "Oh, here we go again." Service Act. The questions also have to be When the Treasurer said recently that there asked: what program has been used to fund would be no tax increases in this year's the $100,000 advertising and leafleting Budget, every Queenslander said, "Another campaign, and what guidelines have been tax slug is on the way." The trouble with followed to ensure that there is no breach of Government members is that, when they the Financial Administration and Audit Act? stand up to say something, they pull out last year's press releases and run hard with them. As the member for Cairns would know, Cyclone Justin when the Premier was in Opposition, he read Mr ROWELL (Hinchinbrook) the same Budget reply speech year after year. (10.18 a.m.): Cyclone Justin and its present The situation is no different now that the influence, now 18 days old, has had a honourable member is in Government. I profound effect on north Queensland weather. continue the theme of the Leader of the A number of areas west of the Dividing Rage Opposition: we have a "poultry" Government. have benefited from the heavy downpours The canary on the Treasury benches is which brought much-needed relief from dry parroting whatever Doug tells her to parrot. conditions. Although wind velocity generally The Police Minister has been running around did not exceed 100 km/h, substantial crop town like a headless chook ever since his losses occurred. sleazy deal with the Police Union. 25 Mar 1997 Private Members' Statements 769

Mr COOPER: I rise to a point of order. I In producing this wine, I have attempted find the comments of the Deputy Leader of to follow Louis Pasteur's recommended the Opposition false and offensive. I ask that oenological usage of sulphur dioxide with they be withdrawn. superior Australian winemaking skills. Although An Opposition member interjected. consumers are not able to purchase my wine at this stage, there are many other Mr ELDER: They do not. In deference Queensland wineries producing quality wine. I to the sensitivities of the Minister, I withdraw. commend the Queensland wine industry to I turn to the biggest dodo of them all, the the Parliament. Minister for Public Works. Every day, the public sees more evidence of his performance. Law and Order, Palm Beach Mr CONNOR: I rise to a point of order. I Electorate find the member's comments offensive, and I ask that they be withdrawn. Mrs ROSE (Currumbin) (10.24 a.m.): The coalition's Gold Coast members should Mr ELDER: If the member finds the hang their heads in shame at the blatant comments offensive, I withdraw them. disregard that the Police Minister has shown Sensitive indeed! for the safety and welfare of people in their The biggest turkey of them all is the own backyard. At 7 p.m. last Saturday night in Emergency Services Minister, because he Palm Beach, a pizza delivery driver was appoints someone and says that he has no grabbed from behind and had a knife held to clue about it, yet he puts out a document that his throat by an attacker who demanded states that she was clearly on his staff. He money. Less than three hours later at 9.50 says, "I have nothing to do with the p.m., the assistant manager of the Tugun consultancy", but he clearly—— Hotel was assaulted and robbed. Half an hour Mr VEIVERS: I rise to a point of order. I later at 10.20 p.m., a thief in a balaclava find the comments untruthful, and I ask that demanded money and threatened staff at the they be withdrawn. Video Flicks video store at Palm Beach with a short-barrelled black hand gun. The weekend Mr ELDER: Mr Speaker, I withdraw before, a shop assistant at a fashion shop at whatever the Minister finds offensive. We are Palm Beach was held up by a man wielding a going to break with tradition: we will have syringe at 1 o'clock on a Sunday afternoon. turkey for Easter instead of Christmas. Three weeks ago, a doctor was stabbed at the Time expired. Palm Beach Medical Centre. He was stabbed twice in the shoulder and forearm with a sharp instrument. He could have been killed. Queensland Wine Industry Two days before that incident, an Mr RADKE (Greenslopes) (10.22 a.m.): I entertainment arcade was held up at The speak to promote the Queensland wine Pines shopping centre near Palm Beach by a industry. The easiest way to promote an man claiming that he had a gun. All this for industry is to become personally involved. That the month of March in the Palm Beach area! was a statement supported during my maiden The month is not over yet. What does the speech, when the then Speaker, the Minister say? He says that we do not need honourable member for Ashgrove, received a more police. I challenge the Minister to come bottle of Robinson's Family 100% Queensland down to Palm Beach, meet the business grown and made champagne. people who have been the victims and who One hundred and five vintages ago, in are potential victims—— the year 1891, this Parliament's first wine Mr COOPER: I rise to a point of order. maker, Mr Jean Baptiste Louis Isambert II, the Mr Speaker, I find those remarks false and then member for Rosewood, produced his last offensive, and I ask that they be withdrawn. wine while in public office. Today, in promoting Queensland wine, I wish Mr Speaker to accept Mrs ROSE: I withdraw the remarks. Can and, at an appropriate occasion, taste this the Minister look those people in the eyes and 1996 shiraz. Good wine can only be made tell them that they do not need more police? from excellent grapes. This 1996 shiraz was Can he look them in the eyes and tell them grown by Sam and Grace Costanzo of Golden that they should be satisfied because he will Grove, Ballandean. Their block of shiraz build them a police station in 12 months' time? grapes was awarded first prize in the 1997 What about now? How many more violent wine-grape vineyard competition for crimes will we have in Palm Beach and on the Stanthorpe. southern end of the coast before this 770 Questions Without Notice 25 Mar 1997

Government and this Minister will do the Premier, the great negotiator, had given something? We need some action now. We the game away completely by promising tax need more police now before someone is cuts. Members will recall that the Treasurer killed. The violent crimes of the past three was particularly concerned that the real value weeks are on top of—— of tied grants would be maintained by regular Time expired. CPI adjustments from the Commonwealth. Given the Treasurer's concern about CPI adjustments, I thought it would be instructive Northern Beaches State High School for the House to hear how Commonwealth CPI Mr TANTI (Mundingburra) (10.26 a.m.): I allocations have been dealt with by her wish to refer to a copy of an article in the colleague the Minister for Families, Youth and Townsville Bulletin dated 19 June 1996. It Community Care. shows Mr Beattie and Mr McElligott the In November 1996, the Commonwealth previous day at the vacant Northern Beaches forwarded a payment of $700,000 as a CPI State High School site. Mr Beattie stated— adjustment for disability services. Major "The school may become a casualty providers of vital services to the most of the Government's four month capital vulnerable members of our community, such works freeze. as Unicare and the Queensland Spastic Welfare League, had crafted their budgets on . . . the basis that these CPI adjustments would be It should have been ready to take an forwarded as they always had been in the intake of grade eight by February 1997 past. But what has this Minister done? He has and that hasn't come about." withheld the entire CPI allocation from the In that article, I said that Mr Beattie was service providers. In an extraordinary move, he scaremongering, as the Government was has reallocated the $700,000 to new funding committed to providing school classrooms by programs. Disability has been singled out for the start of the 1997 academic year. Along this treatment this time around, but if he gets with the Willows State Primary School, it was away with it, which programs will be next? completed on time. Even with the shocking history throughout In a Northern Beaches newsletter dated the 1980s of the previous National Party 17 February 1997, the school principal, Gayle Government regarding the maladministration Kirkwood, said— of Commonwealth and State grants programs, the actions of the member for Beaudesert "What a terrific start our great school stand out head and shoulders above the has had! I'm sure you were all as excited crowd. He has robbed services of much- and as proud as I was on the morning of needed CPI adjustments to set up new January 28 when Northern Beaches State funding programs. Will it not be an interesting High School actually became a reality! exercise to see in which electorates that . . . money ends up? I can assure you that each day it is a The Treasurer should ask herself how the real pleasure for me to come to work in Commonwealth can confidently make financial such a great learning environment." arrangements with this State when her That school was the first to be fully Minister has effectively misappropriated the airconditioned. The contractors were also very CPI adjustment for disability services in a happy. They named and signposted the street move without precedent in the history of leading into the school Tanti Street—it was Commonwealth/State relations in Queensland. little but significant. Someone told the This brings the administration of this State into Townsville Bulletin. The story made the front disrepute under the Treasurer's leadership. page. However, I take no credit, and the street She can claim no credibility on the Federal is now being named Gary Cahill Street, in stage while the Minister for Families and his honour of the gentleman who lobbied for the actions in relation to CPI allocations go school's construction. I congratulate Mr Cahill. unchecked. The Minister is a disgrace. Mr SPEAKER: Order! The time for private members' statements has now expired. Minister for Families, Youth and Community Care Ms BLIGH (South Brisbane) QUESTIONS WITHOUT NOTICE (10.27 a.m.): Last week, we were treated to IBC Research; Mr C. Nicholls the spectacle of the Treasurer bleating about Mr BEATTIE (10.30 a.m.): I refer the possible cuts in Commonwealth funds after Attorney-General to the sum of $6,000 25 Mar 1997 Questions Without Notice 771 laundered by the National Party in the 1995- grapple in terms of dealing with the Budget 96 financial year to IBC Research, a deficit. We also have the Leader of Opposition consultancy belonging to the father-in-law of Business. We all know about his stories and Christopher Nicholls, as payment for work his tales of woe. We do not have to repeat done by Mr Nicholls in the electorate office of those in the Chamber. It is well and truly on backbencher Allan Grice prior to Mr Nicholls the record; it speaks for itself. This is another becoming an adviser to the Primary Industries example of a cheap political shot being had by Minister. I ask the Attorney-General: will he the Leader of the Opposition on a matter of have this matter fully investigated to ensure which I am totally unaware. He is throwing that no criminal offence has been committed aspersions around the Chamber to try to score and that there has been no conspiracy some cheap shots—a trait for which he has designed to damage the CJC, the public become known within the community. watchdog—— Wherever one travels, people now call him Government members interjected. "Cheap Shot Beattie". Mr BEATTIE: Hear the crooks yell! I ask the Attorney-General: will he have this matter Ms L. Staib fully investigated to ensure that no criminal Mr BEATTIE: Another cover-up! I ask offence has been committed and that there the Minister for Emergency Services: if Lyn has been no conspiracy designed to damage Staib was not working in his ministerial office the CJC, the public watchdog which was set as his acting policy adviser before she was up to make sure that the corruption that given the $2,000 per week Fire Service review riddled Queensland under the National Party consultancy, why then was she allocated the Governments of the 1980s did not return? ministerial mobile telephone 0412 242 003 Mr Borbidge: He wants an inquiry. that is now being used by the Minister's senior Mr BEANLAND: As the Premier just ministerial policy adviser? interjected, it does sound like the Leader of Mr VEIVERS: At that particular time we the Opposition wants an inquiry. were flat out getting any phones and I was Mr Horan: What an actor. probably sending messages by smoke signals! I have to reiterate that I now have a media Mr BEANLAND: That was not a adviser who is paying for his own phone, and I question at all; it was a piece of acting. The am having trouble getting moneys out of the Leader of the Opposition thinks he is back on Premier's Department—or wherever it comes the stage again, but it was only a Z-grade from—to pay for that particular phone. There acting performance. was one hell of a muck-up about phones. I am unaware of the allegations that the I go back to what I said last week. Leader of the Opposition makes. We well Members opposite cannot seem to get it know how the Opposition has made through their heads. Ms Staib has never been allegations in this place on many occasions. It a member of my ministerial staff, nor has she is very interesting to note how many times been on the ministerial payroll. That is members opposite end up with egg on their it—finished, cut and dried. faces from the outrageous allegations that they make from time to time. Of course, the Leader of the Opposition has not approached Queensland Teachers Union; Teachers me previously on this matter. He rises in the Strike Chamber today to try to get some little headline out of it, but at the end of the day Mr SPRINGBORG: I ask the there will be egg on his face. Honourable the Premier: can he please inform the House of the program of events for today's The Labor Party was responsible for our strike by the Queensland Teachers Union in having to bail out the Workers Compensation support of its 18% pay claim over two years Fund to the tune of $105m last financial year. and four months? That is the sort of thing that members opposite do to the people of Queensland. Mr BORBIDGE: I preface my remarks There was also the farce in the Health area. by saying that I know that there are a great many teachers throughout Queensland who Mr Borbidge: $75m overrun. are very unhappy with the leadership being Mr BEANLAND: That involved a $75m shown by the Queensland Teachers Union in overrun. The Leader of the Opposition was the respect of this matter. I want to bring to the Health Minister at the time. Then we had the attention of the House and honourable problem with which the Treasurer had to members opposite the tactics of the QTU. I 772 Questions Without Notice 25 Mar 1997 want to quote from a couple of fliers that are should adjourn the House and join them! I can being circulated around Queensland at the just imagine some of the party time that we present time. The first one says— are going to see around Brisbane today. "The main reason for striking is to But too bad about the 443,000 students send a clear message to the Qld while the QTU is organising party time in the Government that all the members of the City of Brisbane today. Too bad about the QTU are very serious about this salary exams today; too bad about the parents. In claim and to also gain media coverage . . terms of the QTU, it is, "Let's go out on the . Why not come to the Mass Meeting and town and party." So much for QTU President then meet your friends for lunch in one of Ian Mackie on ABC radio this morning saying the many outdoor eating establishments how apologetic he is for all the havoc that he in the city?" is causing when he is organising a party. Very We were a bit fascinated by this flier, so we caring, very apologetic, very responsible! found another one which demonstrates what I would like to know whether the the Queensland Teachers Union is all about. honourable members opposite support the The flier, which is appropriately coloured pink, strike. Does the Leader of the Opposition says— support the strike? Does the member for Cook "Party! Strike day! Fun day! 25 support the strike? Is he nodding? Does he March 1997." support the strike? He supports the strike, does he? There we are: the shadow Minister Let us see what the QTU, aided and abetted for Education supports the strike. The member by the Labor Party, wants its members to be for Caboolture supports the strike. Members doing today— on the back bench support the strike. What "Do the right thing by your Union, about the Leader of the Opposition? If the your colleagues and yourself! Leader of the Opposition does not say, "Yes", he will have to deal with a back bench revolt. Suggested timetable: The Labor Party has been shown up for what 1. Park at Southbank before 9.30 am it is. The Leader of the Opposition sits silent to get the Early-Bird Rate ($5 for the while the Opposition spokesman and day). Consider a car pool. backbench members say that they support the 2. Be at Festival Hall before 10.00— strike. Meet old friends. Make new ones. I have here a letter from a branch 3. Attend mass meeting—speeches, secretary of the QTU dated 21 March 1997. cheers, etc. Mr John Gosney says— 4. March to Parliament House—wave "Your branch executive is aware that placards, chant, cheer, get on TV many of our members are unhappy about etc." this decision." It gets a bit better from the QTU point of Mr Gosney goes on to say— view— ". . . we have no alternative but to obey "5. Deliver messages to Bob Quinn— the union directive." teachers are human beings and Today I pay tribute to those teachers who voters, Bob! have turned up for work and who have 6. Fun lunch time—counter lunch at the resisted the invitation from the organisers of Port Office Hotel, Sheraton, Jupiters, the strike today to party in the Brisbane CBD etc." while 443,000 Queensland school students and their families are inconvenienced. I It is a big day for the union! The flier condemn honourable members opposite for continues— the role that they are playing in all of this. I "7. Afternoon shopping, Jupiters, note the silence of the Leader of the Southbank, etc." Opposition. He is not prepared to support the Then we get to instruction No. 8— shadow Minister for Education who says that he supports the strike. "8. Get home before peak hour traffic time. Mr BEATTIE: I rise to a point of order. I take exception to the Premier misleading the 9. Congratulate yourself on a great House. I will be quite happy to address day!" teachers because, under my Government, this That says something about the Queensland dispute would never have occurred. We would Teachers Union. It sounds so good, I think we never have had this dispute because we 25 Mar 1997 Questions Without Notice 773 would have given the teachers something journalist at Channel 10 has been advised by decent. the Labor Party that it will ask a question Mr BORBIDGE: Of course, under his about this in the House tomorrow." I do thank Government it did occur. I just make the point the members of the Labor Party, in particular that the Government's offer of 12.5% actual the Deputy Leader of the Opposition, for increase over three years would bring telegraphing his punches to me to give me Queensland salaries into line with those in time to prepare a reply on this issue. most other States. It is a better deal than what My department informed me a few weeks the QTU signed off on in respect of the ago that the previous Government made it a previous Government. It will bring wage and non-enforceable requirement to carry out an salary levels up to the level of teachers in most RIS for Indy. I was also informed that the other States. previous Government itself did not carry out an As was pointed out by a number of RIS for the 1996 Indy event. One would have talkback callers this morning, the cost of living thought that, having been the architects of the in Brisbane and Queensland is substantially legislation, the Labor Party would have wanted lower than that in other States. to follow it. The previous Government had plenty of time before it lost office in February Mr Horan interjected. to conduct the RIS for that event held from 28 Mr BORBIDGE: As the Minister for to 31 March. Had the Labor Party intended to Health reminds me, in terms of State conduct an RIS, it would most certainly have Government taxes and charges alone, the been started, if not completed, by that time. figure is some $600 less than any other State. This Government has ensured that there has The Leader of the Opposition still has not told been proper public consultation for the 1997 the House whether he supports the strike. I Indy carnival. Cabinet decided that no presume that he does. regulatory impact statement would be Mr Beattie: You were invited to come prepared for IndyCar this year. After this year's out with me. event Cabinet will consider an RIS for the 1998 event. Mr BORBIDGE: It is pretty clear from the comments made by the Leader of the In closing, I say that planning for the Opposition that he wants to go out and join IndyCarnival 1997 is better than ever before. the party. He wants to spend a couple of Ticket sales are up and corporate sales are hours uptown at party/strike/fun day. What an currently running in excess of $7.34m. This far indictment on the Labor Party and on the exceeds previous years—$6.5m in 1996, organisers of this strike! The Leader of the $5.9m in 1995 and $5.6m in 1994. For the Opposition and honourable members opposite first time in the seven-year history of the event, should be joining the QTU leadership and all grandstand seating in pit straight has been apologising to the 443,000 Queensland sold out for the 1997 event. Already 700 families who are being inconvenienced today. callers have responded to the recently released QTTC Auckland's Indy hotline advertisement. Participating wholesalers have Indy Car Grand Prix Act recorded high levels of interest from the New Mr ELDER: I refer the Minister for Zealand campaign. We are very confident that Tourism to the new regulation under the Indy this year's Indy will be the best ever. Car Grand Prix Act 1990 which he recently took to Cabinet and had approved by Cyclone Justin Executive Council, and I ask: was he given advice by Parliamentary Counsel that this Mr CARROLL: I ask the Deputy regulation was illegal as it did not comply with Premier, Treasurer and Minister for The Arts, in the Legislative Standards Act? Since he and view of the impact of cyclone Justin and the the Cabinet ignored this advice, does this devastating floods that have followed it, will illegal regulation not leave the way open for she inform the House what estimate of aid our someone to take out a court injunction to stop Government is able to offer the people in next month's Gold Coast Indy? north Queensland? Mr DAVIDSON: When I returned from Mrs SHELDON: I thank the honourable Cabinet yesterday afternoon at about 1.30, member for his question. I know all members one of my journalists ran down the corridor on this side of the House are very concerned and said, "We just had a call from one of the about the effects that cyclones and natural journalists at Channel 10 who wants to know disasters have on the population and about the issue of the RIS and Indy. The economy of our State. So far, the State 774 Questions Without Notice 25 Mar 1997

Government estimates and forecasts for What a great person he is to speak on any natural disaster expenditure for this year and economic issue for any Government or any the next is more than $150m. This figure Opposition! He is a hoax, a fraud and a includes a preliminary estimate of assistance hypocrite. of $20m as a result of cyclone Justin. The I believe that this highlights very clearly estimate for 1996-97 was almost $70m. This why the State needs to have these includes: $5.3m for western Queensland contingency funds in areas such as the flooding in January 1995, $1.1m for cyclone Treasurer's Advance Account so that, when Warren and far-north Queensland flooding in the people of this State are put through March 1995, $23m for cyclones Barry and terrible traumas, such as at present, there is Celeste in January and February 1996, money there to help fund them in their time of $10.3m for cyclone Ethel in far-north need. Queensland in March 1996, $24.1m for the south-east Queensland flooding in May 1996, $2.2m for western Queensland flooding in Sunbelt Developments Pty Ltd; January 1997 and $700,000 for other natural IndyCarnival disasters. Mr GIBBS: I ask the Minister for The forecast for 1997-98 natural disaster Tourism: is it not a fact that Sunbelt expenditure includes $5.9m as a result of Developments Pty Ltd was required to provide cyclones Barry and Celeste in January and financial guarantees to the Indy board that it February 1996, $1m following cyclone Ethel in would pay $1.5m for this year's IndyCarnival? far-north Queensland in March 1996, $11.9m When will the outstanding money be following flooding in south-east Queensland in forthcoming? Is it not true that moneys paid to May 1996, $30.1m as a result of western Indy were received only after a brawl between Queensland flooding in January of this year, the Indy board and promoter IMG? And is it $7.3m as a result of north Queensland not true that, two weeks ago, Sunbelt flooding in February and March this year, $8m Developments advised IMG boss Tony following central Queensland flooding in Cochrane that it was unable to meet its February this year, $300,000 for other natural contractual obligations? disasters plus a preliminary—and it is only very much preliminary—estimate of $20m for Mr DAVIDSON: As members would no cyclone Justin. The natural disaster situation in doubt be aware, the Indy event is drawing Queensland has reached such an extent that closer. Opposition members are concerned Federal funding will now come into play to that we have really turned the corner with the assist the State. IndyCarnival. They are really annoyed that we have turned it around and made it the most The assistance provided by the coalition successful event for Queensland—the best recognises the severity and the impact on the marketing and promotional event for this people, on the State economy and on our State. It really annoys the member for rural communities caused by natural disasters Bundamba that Indy is now bigger and better such as the cyclone which we recently had. than ever—more so than when he was the This assistance from the State will be provided Minister responsible for Indy. by departmental sources as well as from the Treasurer's Advance Account, which the As I said last week in the House in shadow Treasurer described in this place as a relation to Sunbelt, the Government met with pork-barrelling slush fund. They were his the members of the Indy board—the words. partnership, our representatives and IMG—and this issue was discussed. All that I Obviously, the Opposition Treasury will say to the House is that the contractual spokesperson's contention is that the arrangements between the Indy board and coalition's efforts in helping people in natural Sunbelt are in confidence. They are disaster situations is also pork-barrelling. We commercial in-confidence arrangements. As I also had the Leader of the Opposition calling said to the House last week—— on the Government to use one-off funding from the Treasurer's Advance Account to Mr GIBBS: I rise to a point of order. I replace recurrent revenue from State taxes have asked the Minister clearly about the and user-pays charges. That was another financial arrangements. I asked: when will the magnificent economic statement from the outstanding moneys be paid for this year's Leader of the Opposition who, members may event? We are dealing with taxpayers' money recall, was the former Minister for Health who here, and he is the responsible Minister. When created a $75m hole in his Health budget. will they be paid? 25 Mar 1997 Questions Without Notice 775

Mr SPEAKER: Order! The member for sponsorship deals are often done over 12- Bundamba! There is no point of order. month periods—some before, some at the Mr DAVIDSON: In 1995 the event did time and some after. not even have a major naming rights sponsor. Once again I say to the member for The member cannot come into the House and Bundamba and the other members of this attack this Government for attracting a House that, in relation to the Indy sponsorship sponsor to this event when, in 1995, he was deal, Sunbelt is ahead of its contractual the relevant Minister and he could not even schedule payment arrangements. attract a sponsor to the event. Mr T. B. Sullivan interjected. Teachers Strike Mr SPEAKER: Order! The member for Mr WOOLMER: I ask the Minister for Chermside! Education: can he inform the House whether or not the Opposition supports today's Mr DAVIDSON: I believe that Statewide strike called by the Queensland Queensland will enjoy the biggest and best Teachers Union? ever IndyCar event this year. Mr QUINN: In response to an answer by I point out to the member for Bundamba the Honourable the Premier earlier today, I that these arrangements are commercial in could hardly believe my ears when the confidence. I do not get involved in them from Opposition said that it supported the QTU's day to day. I also say to the member that I am strike. the first Minister who has ever been to an Mr MACKENROTH: I rise to a point of IndyCar board meeting. I went to the Gold order. The question is seeking the Minister's Coast to attend one of the board meetings to opinion of how Opposition members think. I do familiarise myself with Indy, the board and the not believe that is allowable under the staff who work there. When he was the Standing Orders. relevant Minister, the member for Bundamba never attended an IndyCar board meeting. Mr SPEAKER: Order! That is unbelievable. I just could not believe Mr QUINN: I am happy to advise the that. I say to the member for Bundamba and House that, in fact—— the Opposition spokesperson that these Mr MACKENROTH: Mr Speaker, a arrangements are commercial in confidence. question cannot seek an opinion. The As I stated in this House last week, Sunbelt is question is out of order. ahead of its payment schedule. Mr SPEAKER: Order! I did not hear the Mr Gibbs: Show us the contract to member ask for an opinion. The member will prove it. repeat the question. Mr DAVIDSON: Turn it up! You show Mr WOOLMER: The question is me yours and I will show you ours! This is directed to the Minister for Education. I ask: business at the big end of town. This stuff is can the Minister please advise the House commercial in confidence. We do not go whether or not the Opposition supports today's around showing members of the public, and Statewide strike called by the Queensland particularly the member for Bundamba, Teachers Union, and advise the House of the contractual arrangements between the Indy effect that it will have on the children of this board and the sponsor. The sponsor is ahead State? of its payment schedule. That is all I will say. Mr QUINN: I am happy to advise the Member must appreciate that these House of the current situation. I could hardly sponsorship deals are done over a period. It is believe my ears this morning when, in often the case that sponsors do not pay all the response to the Premier, the Opposition said money up front. It is often the case that that it now supports the strike. The Opposition sponsors pay part of the sponsorship before has done a complete backflip in a short the event, part of the sponsorship at the event period. On 3 March, a media release from the and part of the sponsorship after the event. It shadow Minister for Education, Mr Bredhauer, is often the case that these arrangements are stated— entered into. Sponsors are not going to pay "On the issue of the possible strike out all their money three or four months before by teachers Mr Bredhauer said the the event and not have the certainty of the Opposition did not support action which contractual arrangements fulfilling the would disrupt classes and inconvenience agreements of the sponsorship. These thousands of children and families." 776 Questions Without Notice 25 Mar 1997

Now, all of a sudden, there is a complete Queensland who will be inconvenienced by about-turn. the strike today. All over the State, students Mr Horan: He wants to go to the party. will have their exam timetables disrupted. Mr QUINN: Quite obviously he is going Mr Elder interjected. to the party. In his own voice on radio 4CA—— Mr SPEAKER: Order! I warn the Mr BREDHAUER: I rise to a point of honourable member for Capalaba under order. What the Minister is neglecting to say is Standing Order 123A. that his incompetent mishandling of the Mr QUINN: I will finish this answer with dispute in the last three weeks has changed the words of Year 12 students at Mossman my position. high who wrote a letter to the Port Douglas- Mr QUINN: Again, on Mr Bredhauer's Mossman Gazette— own radio station 4CA in Cairns on the "Yes, teachers have a right to fight following day, the newsreader stated— for what they deserve and to be paid "The State Opposition say they will adequately in order to make their lives not support any industrial action by better. teachers who are unhappy at enterprise However, they do not have the right bargain agreements. to do so in a manner which could inflict . . . damage on other's lives. Our lives." Opposition Education Spokesman Their exam timetables have been scheduled. Steve Bredhauer says the ALP will The letter states further— campaign against the restructure and "These are exams which will have an Teachers should stay in the class room." effect on our chances of getting into That was the voice of Mr Bredhauer on the university and continuing our studies at a radio. tertiary level. Mr BREDHAUER: I rise to a point of These exams which will have an order. I never said that. The Minister is effect on our dreams and aspirations. misleading the House. I find that offensive and Senior exams are the most important ask for it to be withdrawn. exams we will ever have to endure. Mr SPEAKER: Order! The member for They determine which direction the Cook will state his point of order. path of destiny will lead us and how far it Mr BREDHAUER: I find the remarks will go. personally offensive and ask that they be . . . withdrawn. We also ask you to not strike on this Mr SPEAKER: Order! The member has date, please, for the sake of a generation found the remarks offensive. which looks up to you, do not ruin our Mr QUINN: If the member finds the chances at life while trying to make yours remarks by the newsreader offensive, then better." naturally I will withdraw them. But the transcript I could not have said it better myself. Every goes on to the voice of Mr Bredhauer—his right-thinking person should condemn the own voice. I will read that. strike today. The honourable member A Government member: He might opposite had it right the first time; however, he find it offensive. did not have the guts to carry on once the Mr QUINN: I hope he does not find that union brought pressure to bear. offensive. According to the transcript, Mr Steve Bredhauer said— Government Telecommunication "We don't support the QTU taking Contracts strike action because that would disrupt Mr MACKENROTH: I refer the Premier classes and inconvenience students and to a recent $150 per head luncheon that he their families." attended for representatives of the IT and T That is as clear as daylight. That was his industry, where companies were advised that voice. He said that twice: once in a press they would have the opportunity to have an release and once in his own voice on a local input into Government policy. I ask: is he radio station. Now he wants to join the party. aware that, at almost the same time as he He has no consideration whatsoever for the was attending that luncheon to placate the 440,000 students and their families across IT and T industry, the Public Works and 25 Mar 1997 Questions Without Notice 777

Housing Minister was allowing his department morning to set the record straight about an to award a $200,000 contract to Telstra for the unrelenting campaign of lies and unethical provision of telephone services to Government journalism aimed at the destruction of the offices in Rockhampton? Is he aware that mining industry and the Department of Mines companies that missed out on that contract and Energy in this State. For the information also complain that, firstly, Telstra was not one of members of the House and, in particular, of the short-listed tenderers for telephone the honourable member for Mount Isa, who services to Government offices in major appears to be a willing dupe of this scheme, I regional centres; secondly, during the past six will reiterate some statistics that demonstrate months, three short-listed tenderers have that the mining industry is the most important gone through extensive reviews with the industry in this State. I can reassure this Department of Public Works and Housing; House that export income is approximately and, thirdly, these short-listed tenderers were $6 billion, that 19,000 direct jobs are created advised at the end of last year that the tender by this industry and that 11,000 of those jobs was put on hold awaiting the outcome of the are in the coal industry. On an annual basis, Government's overall review of Government the mining industry has a value to Treasury of telecommunication services? $1.3 billion. Mr BORBIDGE: I am not aware of any I turn to the issue of what has been said such complaints. The only comment that was in regard to this matter. The Mines made to me at that particular lunch was that, Department and the mining industry have when the former Premier, the honourable been accused of failing to rehabilitate mine member for Logan, rolled up for a similar sites, to administer the Act and to seek function, the Labor Party charged $300 per sufficient rehabilitation bonds. The mining head, not $150. When one considers the way industry itself has been accused of in which Labor used to sell the Budget at trammelling farmers' rights. I refer to a recent Budget breakfasts and big parties at the publication of the Queensland Mining Council, Sheraton Hotel—which business people would which states— have to attend to obtain a briefing from the "A massive hoax was staged by member for Logan and the member for Channel 9's A Current Affair recently Cairns—and all the Budget documents for when it filmed a farmer on land subsided which business people had to pay the Labor over a longwall mine claiming it was Party, one realises the duplicity and hypocrisy unworkable and a disaster for the farmer of the honourable members opposite. concerned. In fact, the land filmed is As business people could not obtain owned by mining company Arco . . . and meetings with Ministers in the previous the area shown was fenced off from Government, every now and then Mr Kaiser farming on safety grounds!" would hire the Kookaburra Queen and I repeat: the land was owned by the company business people would have to fork out a Arco. couple of hundred bucks to cruise up and I will not accept responsibility for the down the river in order to obtain an shortcomings of the previous Minister or his appointment with a Minister. In response to administration. However, today I have a the honourable member, that is not the way challenge for Mr Macfarlane, Mr Hutton, and a we operate. If the industry has any complaints, couple of journalists who have obviously never I am quite sure that it will come to the read the journalists' code of ethics, Margan Government and not to the honourable and Sanderson: if you have evidence that, in member opposite. the past 12 months, I or my officers have failed in our statutory duty, acted corruptly, Longwall Mining given improper advantage or otherwise acted improperly in the exercise of our duties, put Mr MITCHELL: I refer the Minister for that evidence on the table. If they cannot, Mines and Energy to the fact that plenty has they should apologise. If they have evidence been written and spoken in the media about that the mining industry has breached its the impact on certain land-holders of longwall responsibilities, they should give me that mining, and I ask: can the Minister advise the evidence; they should not continue to make House of the real situation? unsubstantiated, generalised statements. Mr GILMORE: I thank the honourable They should be professional and hand me the member for the question and for his ongoing specifics. interest in the mining industry in this State. I The facts are—and I table the details— have been handed an opportunity this that, of the operating mines, seven own the 778 Questions Without Notice 25 Mar 1997 land above the mine. I am advised that two Ms L Staib are negotiating the purchase. In the case of Mr SCHWARTEN: I refer the Minister United Plantations, the land mined was for Emergency Services to his claim in purchased by Arco and leased back to the Parliament last week that Lyn Staib was paid farmer prior to the mining beginning. Although $37,377 for her Fire Service review much mythology has arisen in respect of the consultancy, and I ask: since answering that Supreme Court ruling of Judge Helman in question, has he had an opportunity to check September 1996, and Mr Macfarlane of the that amount? Is it not a fact that the true Graingrowers Association has deliberately amount paid to Ms Staib is closer to $50,000? misrepresented that ruling, the answers all reside in the current Act. To remove any Mr VEIVERS: I am very reluctant, as I doubt, I table the relevant section of the always am, to talk about public servants who judgment for the information of honourable were former employees or who are current members. I have made a number of employees. Unfortunately, owing to commitments in respect of this matter. questioning I will now have to say to this Interestingly, all of them were made prior to Parliament that I have here with me a the latest burst of energy from Mr Macfarlane compliance audit into the engagement of Lyn and company. For the benefit of members, I Staib Australia—consultant—for the reiterate— Queensland Fire Service review. As we all know, last week a statutory (1) As Minister, I understand the declaration by the former Director-General of possibility of a problem with longwall Emergency Services, Dr Leo Keliher, was mines with no surface expression. I tabled in this House. He said that, when I am sympathetic to the farmers' became Minister, he came to my office and concerns. that we had a talk. There was also another (2) In respect of costs in the Wardens person present, and his name was Roger Court, I do not believe that that Plastow. section of the Act was drafted to be Opposition members interjected. used as a bludgeon against bona Mr VEIVERS: We will go through this fide objectors. My experience is that quietly. Roger Plastow has signed a statutory that has not occurred in the court; declaration. Of course, my recollection is quite however, I believe that threats have different from that of Dr Leo Keliher's. been made outside the court to However, that does not really matter; the point bona fide objectors. Therefore, I is that other people were listening to what Dr have instructed my department to Keliher said. Roger William Plastow says in his investigate other court jurisdictions in statutory declaration that he went to a meeting that regard. at which the Minister, Mr Veivers, and the (3) I believe that no land-holder should Director-General of Emergency Services, Dr be worse off as a result of mining Keliher, were present. He goes on to state— activity; "I have no recollection of any (4) Because we believe that the particular consultant's name being technology applied in mining has advanced or fees to be paid." outstripped the legislation we will, in An honourable member: But there is the first instance, invoke the "at risk" more. principles to land the subject of Mr VEIVERS: Absolutely. One would longwall mining with a lease having wonder why all of those members over the no surface expression and, secondly, road are so toey. One would also want to clarify compensation and know why Dr Leo Keliher, since he has been rehabilitation matters. These dismissed, has had a misty recollection— changes will be put in train with due different from mine—about what happened. speed. A Government member interjected. In conclusion, I reject out of hand Mr VEIVERS: He probably did make it allegations that either I or my department up. By the way, this compliance audit was have acted either corruptly or carelessly in the given to me on 24 March 1997. I want to say exercise of our duty. I also stand firmly behind that it is quite peculiar that this same Dr Leo the mining industry in this State, which is at Keliher was the director-general of a the forefront of best mining and environmental department that put out, what shall we say, practice in the world. advertising for people to do the Emergency 25 Mar 1997 Questions Without Notice 779

Services newspaper at Emergency Services Mr VEIVERS: Yes, I am enjoying House. myself because I have had a gutful of this. I Mr Elder: We know that. have been playing a defensive bat and everything is aboveboard—a bit like our Mr VEIVERS: Yes, I know. It is quite cricketers in Western Australia. I do not know amazing that they have memory lapses. what the score is, but we will win over there Mr Schwarten: It's been mentioned in and I am going to win here. Parliament before. Let me say a few things about the Leader Mr VEIVERS: Yes, I know, but the of the Opposition. At the start of the threat member forgot about it. It seems that the posed by cyclone Justin, this bloke went to principal of Glenwood Publishing, which was north Queensland so he could leech some going to produce this Emergency Services misery out of the people in that area. He said newspaper, was one Kevin Keliher. Is that not that they were not going to get $60m in amazing! One would wonder why those disaster funding. That was a total lie; a people's surnames—Dr Leo Keliher, the fabrication. That is the sort of thing that that director-general and Kevin Keliher—were the bloke does. same. I have to tell honourable members that they are brothers. It seems that Dr Leo Keliher Mr BEATTIE: I rise to a point of order. oversaid, or oversaw—whichever members Not only is it untrue and offensive and I seek it would like; I know that, unfortunately, the to be withdrawn but also I said that the education people are on strike today—the Minister had not fought for the appropriate giving of a contract to his brother, to Federal funds, which the Minister has not Glenwood, to extend over two years. done. These pair of wimps came back from the—— Mr SCHWARTEN: I rise to a point of order. The Minister is wilfully misleading this Mr SPEAKER: Order! House. He knows full well that that contract Mr VEIVERS: Mr Speaker, see how he was not given out but tendered out, unlike Ms jumps when you put the jigger on him. Staib's contract. Mr SPEAKER: Order! The Leader of Mr VEIVERS: Over two years, the Opposition has asked for that remark to be Glenwood Publishing earned $52,000. withdrawn. Mr Beattie: Was there a tender? Mr VEIVERS: I withdraw. Mr VEIVERS: Yes, the member is quite correct. It was done through the right Mr SPEAKER: I ask the Minister to channels. wind up his answer. Mr Schwarten interjected. Mr VEIVERS: I have 12 minutes, but I will wind up. I refer to the consultancy fees, Mr VEIVERS: It was the same as the about which the Opposition said, "These were Lyn Staib situation. However, let us take a terrible. $400 a day to Staib consultants." hypothetical situation. Imagine if my brother, Those guys opposite said that there was no Jacky Veivers—— tender and that the payment was very dear. Mr Johnson interjected. Let me tell members opposite that I have the Mr VEIVERS: I have not got one, but names of consultants, which are commercial in just say Jacky Veivers said to me, "I want to confidence, who have—— tender for the publishing of the Emergency Honourable members interjected. Services publication, and I am going to call myself Glenwood." I would have told him Mr VEIVERS: No, I am tabling the exactly where to go. Can members opposite documents outlining actual figures of the cost tell me that there is not some sort of per day of consultants who have worked for connivance in that matter? $52,000 worth of the Emergency Services Department. taxpayers' money went down the tube. An honourable member: Under Mr Beattie: You didn't have a tender, Labor? did you? Mr VEIVERS: No, this is under us. I am Mr VEIVERS: Let me get to this. I will going to enjoy myself in the debate tonight. I take the interjection from the Leader of the hope the member opposite turns up. I have to Opposition. be careful, the member is a bit of a cat. An honourable member: You are Mr SPEAKER: Order! I ask the Minister enjoying yourself. to wind up his answer. 780 Questions Without Notice 25 Mar 1997

Mr VEIVERS: The costs per day by Mr LITTLEPROUD: I take it that the consultant A, $1,700; consultant C, $1,150 to member for Maroochydore is referring to a $1,450 a day. statement released yesterday by the member Ms Bligh: This is meaningless. for Everton and headed, "Youth conservation call the answer Welford". The member has Mr VEIVERS: No, this is not. As was made an accusation that absolutely nothing the case with the Minister for Tourism, I cannot has been done by the Department of disclose the names of these consultants. Environment to employ young unemployed These are actual figures. Consultant D, $1,450 people within national parks. a day; consultant E, $1,040 to $1,280 a day, and consultant F, $2,000 a day. These are Firstly, I inform the House that the CEOs consultants that the members opposite have formed a social development committee wanted us to use. I used Ms Staib at $400 a which is currently addressing the problem of day—my director-general did; I have to get youth unemployment. I imagine that some that right. Here is a lulu, consultant H—I do not initiatives will come from that process in the know what he does; he is probably a Labor next Budget. Secondly, I inform the House man—$3,031 a day. These figures are the that Mr Welford is quite wrong because, in the average of the total dollar value based on 94 last 12 months, 32 projects have been days. I will continue: consultant I, $2,000 a completed involving young unemployed day; consultant J, $1,148 a day over an people in national parks throughout average of 85 days. I have the compliance Queensland. In fact, I went to Green Island to audit into the engagement of Staib. I will not open a boardwalk that had been built by table it because I will use it tonight. young unemployed people. Thirdly, I inform the House that 10 new projects will be Mr WELLS: I rise to a point of order. I announced soon. move— Mr Welford: What, next Budget? "That the Minister table the You've done nothing this year. document from which he quoted, including the document which is a Mr LITTLEPROUD: Therefore, 32 statutory declaration from a public projects have been undertaken in the last 12 official." months and another 10 projects are to be announced. It is interesting that the member Motion agreed to. for Everton is making so much noise, because Mr MACKENROTH: I rise to a point of last week his efforts to get some notoriety order. The documents to which the Minister resulted in him getting a belting from the editor referred had yellow stickers all over them. That of the Cairns Post. The member mentioned is not the document to which the Minister the Daintree and how everybody puts their referred. We ask that it be tabled. The House hands over their hearts and says, "That's the moved that that document be tabled. rainforest area." However, the editor of the Mr VEIVERS: This is dead-set the Cairns Post pointed out that, in fact, a lot of same document. I just do not have yellow the land in the Daintree is not World Heritage markers on it. listed and that Mr Welford was quite wrong. The member for Everton is also wrong today Mr MACKENROTH: The House has because the efforts of my department have moved that that document be tabled with the been quite outstanding, as 32 projects have notes. been completed to date and another 10 are to Mr SPEAKER: The Minister will table it. be announced. I call the honourable member for Maroochydore. Queensland Ambulance Service Mr WELLS: I table a ministerial Youth Unemployment submission prepared for the Minister on 13 Miss SIMPSON: I ask the Minister for June 1996, outlining Treasury plans to cut Environment: is he aware of a claim made by funding to the Queensland Ambulance the member for Everton, Rod Welford, that the Service by $4m in 1996-97, $6m in 1997-98 Borbidge Government has abandoned any and $8m in 1998-99, and I ask the Minister for commitment to employing young unemployed Emergency Services: is it not a fact that the people on capital works programs in national cost-savings measures outlined and which, parks? Can the Minister advise the House of since they occurred, include the winding back the projects his department has undertaken in of the paramedic program, a reduction in staff the last year to employ young unemployed or closure of ambulance stations, delay in Queenslanders? vehicle and equipment replacements—— 25 Mar 1997 Matters of Public Interest 781

Government members interjected. There is a strong commitment to training Mr WELLS: These matters are in the with the re-accreditation of the associate document which I am tabling—delay in vehicle diploma and the accreditation of new and equipment replacement, delay in capital programs for ambulance attendants and works for the service and the restructuring of paramedics—something that the Opposition in the Queensland Ambulance Service? Government did not do. From the beginning of the 1996-97 financial year, there was an Mr VEIVERS: Significant increased focus on management enhancements to services and external factors development, including initiatives such as have had a direct budgetary impact on the officers-in-charge courses—something that the Queensland Ambulance Service in 1996-97. people opposite never did. After 13 months, I There has been an increase in the number of am still in the throes of mopping up the mess prime subscribers. As at 30 June 1997, the that they left us. projected number of prime subscribers is estimated at 944,000. As at 28 February 1997, the number of prime subscribers was Rural Dental Health 939,196. Further efficiencies in the Mrs GAMIN: I ask the Honourable subscription schemes were introduced, Minister for Health, Mike Horan: will he outline including a major computing systems upgrade. the improvements that the coalition has made A major Capital Works Program to the to Queensland's public health system, value of $12.518m includes stations at particularly regarding dental health? Cleveland, Pimpama, Cloncurry, Edmonton, Mission Beach, Proserpine, Bundaberg, Mr HORAN: Already, the coalition Maryborough, Cooroy, Meandarra and Government has put a $470,000 package into Cooktown, as well as improvements to the rural dental services. Under Labor, 36 station staff residences for a number of sites. vacancies existed; the coalition has reduced that to two. Consequently, in the first six There have been continuing radio months of last year we treated an extra communications enhancements across the 13,800 patients, which is a 10.4% increase. State, resulting in improved operational Queensland is the only State in Australia to coordination of patient care response. fund—— Mr Cooper interjected. Mr SPEAKER: Order! The time for Mr VEIVERS: Mr Cooper is exactly questions has expired. right. The Government is cleaning up the Opposition's mess and we are going to continue to do that. MATTERS OF PUBLIC INTEREST This issue that has been raised by the Youth Unemployment Opposition is a red herring, because it knows Mr BEATTIE (Brisbane Central—Leader that the review of the Fire Service and the of the Opposition) (11.30 a.m.): Today, before subsequent legislation which turned the Fire making my substantive contribution, I wish to Service into a statutory authority has got the place on record my concern about the cover- firies on side. Now the Opposition can see that up by the Attorney-General in relation to the the Queensland Ambulance Service will Chris Nicholls affair. It is possible that there support the Government because I am going has been a serious criminal conspiracy, yet the to introduce such a statutory authority for the Attorney-General of this State could not even Queensland Ambulance Service. be bothered investigating the matter. Rather That is what the member for Murrumba is than behaving like the first law officer of the on about. He was down in the retirement State, the Attorney-General came in here and benefit village in the corner behind Geoff behaved just like another politician. He has Smith; all of a sudden, he joined the AWU and brought down the position of Attorney. He sold out on his mates down the back. He should be taking some initiative in this matter jumped the fence and joined the AWU; he of public importance. He has demonstrated sold his soul. that he is simply not up to the task of being Significant funding has been received the Attorney. from local ambulance committees, particularly The major problem facing most young for capital items. During 1996-97, local Queenslanders today is not hard drugs, it is ambulance committees are expected to the Borbidge/Sheldon Government. The contribute $1.238m to the Queensland Borbidge/Sheldon Government is doing Ambulance Service. As at 28 February 1997, enormous damage to the wellbeing of these committees have contributed $604,000. thousands of our young people. It is 782 Matters of Public Interest 25 Mar 1997 destroying their hopes and aspirations to been responsible for these cuts—the Joan contribute constructively to the vibrancy and Sheldon Liberals in Canberra, ably supported prosperity of our community. The Government by the Rob Borbidge Nationals. Let us hear no is destroying the self-esteem of thousands of more nonsense about cuts from Canberra and young people who cannot find a job. criticism from this party. Why do Mr Borbidge In January, Queensland had the highest and Mrs Sheldon not stand up for level of youth unemployment in the nation. Queensland? Why are they allowing us to be Since then, only South Australia and short-changed? It is because they are not up Tasmania—the economic basket cases of the to the job. They are a pair of wimps who will country—have registered similar levels. In not fight for this State. February, Queensland had 23,500 15 to 19- Where has the money gone at a State year-olds without a job. That is 46% more level? Today, I can tell the House that $1.5m young unemployed than there were only eight of the money from the State Government was months ago—nearly half as many again in spent on fitting out a plush new office for the only eight months. That is Joan Sheldon's Minister for Natural Resources in Mineral legacy to Queensland! House in the CBD. He already had a very Members should try to visualise what this efficient and ultramodern ministerial office at means. If each of these 23,500 young people Landcentre, Woolloongabba. But that was not were to occupy just a square metre in the dole good enough for this Minister, and his office queue, that queue would stretch all the way had to be enhanced. from the Brisbane GPO to Petrie, or from the The Borbidge/Sheldon Government GPO to Slacks Creek. There would be a cannot find any more money to pay teachers queue 23.5 kilometres long. Under this properly. Today, the teachers are outside Government, which does not have an protesting because this Government will not employment Minister, the youth find more money for them, yet it can raise unemployment rate has increased from 23.8% $1.5m to cut Mr Hobbs' trips to Parliament by in July to 32.5% now. It is a national disgrace, a few minutes. Today, the Premier had the and it is the Liberal Party's policies backed by hide to attack teachers, yet he will not accept the National Party. That is four percentage their invitation to address them outside. The points above the national average. Premier and the Education Minister should Under this Government, which does not have the guts and courage to join me in have any solutions, the rate has gone from speaking to the teachers outside this building, under a quarter to nearly a third. What it instead of isolating themselves arrogantly in means is that one in three young the citadel, cowering and hiding from the Queenslanders who want to work cannot find teachers. They do not have the guts to go out a job. It means that thousands of others feel and talk to the teachers. All they can do is forced to shelve their ambitions in a chosen stand up in this place and throw stones at field and accept any sort of job in case nothing them. They do not have the courage to face else comes along. It means that a large or talk to the teachers. Again, I issue a proportion of the younger generation are challenge to the Premier and the Education worried sick about what the future holds for Minister to have the courage to join me on the them. podium to talk to the teachers, instead of What has the Borbidge Government being a pair of wimps. done in response to this crisis? The Borbidge The slashing by the Borbidge/Sheldon Government pays lip-service to the problems Government of the $13m for youth of youth unemployment, skills development employment programs spelled the end of and creating a sense of community among Labor's Youth Employment Service, which was our youth. However, that is where the allocated more than $6m a year to help commitment ends. It has cut back youth disadvantaged youth overcome employment programs worth $13m a year, unemployment. The Labor Government also which only adds to the misery created by the had the Youth Conservation Corps. Two out of savage demolition of the Working Nation every three participants in that program gained programs by Joan Sheldon's Liberal a full-time job after joining the scheme, and colleagues in Canberra. another 14% went on to further training. Labor Today, the Deputy Premier stood up in was planning to expand that service to help this House and complained about Federal even more young people, but the coalition funding, yet it is her mates in Canberra who Government's 1996-97 Budget made no have been responsible for the cuts. It is her mention of the scheme. Other programs which Liberal Prime Minister and Treasurer who have helped our young people get involved in 25 Mar 1997 Matters of Public Interest 783 community activities have also been cut to Treasurer released her Budget last shreds. September. Perhaps this vandalism of the Youth The only economic initiative of this Employment Scheme helps to explain why the Borbidge Government has been to pilfer the Government's head of Treasury—Doug policies and projects which the former Labor McTaggart—recently confessed that the Government got up and running. The major Government would not be able to make any mining projects and pipelines in the significant inroads into the unemployment Carpentaria minerals province, the Korea Zinc rate. The State and Federal coalition refinery in Townsville and the Gladstone Governments do not have any weapons in magnesium metal refinery are all Labor their locker to fight youth unemployment—they initiatives. The rapid growth of our film industry, have cashed them all in. The Howard of which everyone is aware, was vigorously Government has made token efforts to fill the championed by Wayne Goss. That is who void with the Green Corps and work for the started it. I cite the development of our food dole schemes. But only 150 young export sector and the growth in exports in unemployed Queenslanders are expected to education and other professional participate in the Green Corps over the next services—policies which received strong 18 months. That leaves 23,350 young backing under Labor. The only plan this unemployed with no prospect of Government Government has for our economic structure is support. the plan to sell off as many of the State assets The work for the dole scheme is as it can. promoted as meeting the principle of mutual Where are the policies to create new obligation, yet barely 1% of the total industry, new value-added production facilities unemployed in this country will participate in and new long-term jobs to give our youth this program. Queensland's share is likely to hope? This Government seems to have no be less than 2,000 placements. It is no interest in creating anything new. It just wants wonder the Premier is considering making a to sell off what is already in existence. That is Budget contribution to expand the scheme in why I have released a major employment this State. Without additional funding, the work strategy to deal with unemployment in this for the dole concept would still leave well over State, and in particular youth unemployment. I 21,000 young unemployed Queenslanders table for the House a number of additional with no support or encouragement to gain points of information which relate to our experience in the workplace and build up their strategy to fight youth unemployment. This self-esteem. Government stands condemned by all young But members should stop for a minute people in this State whom it has betrayed. At and think about why the Premier might be the end of the day, the Government is trying to hitch his wagon to work for the dole. interested more in riding in limousines and The plain truth is that he has nothing else to sitting on green leather chairs. Government offer our young unemployed. He has scrapped members do not care about the young people the youth support programs. He has no of this State. economic strategy to create the jobs our Time expired. young people so desperately need. He knows there is a youth unemployment crisis in this State, but he is unable to do anything about it Protect All Children Today other than try to follow blindly behind the Mrs WILSON (Mulgrave) (11.40 a.m.): I Federal Government's paltry contribution to will outline some good things that the the problem. Government is doing. The Leader of the Where are the policies of this Opposition might care to listen. During the Government to create jobs in this State? The past year, the Department of Families, Youth Treasurer points to the sluggish jobs growth in and Community Care has increased the State and claims that our policies are significantly the levels of support provided to working, but what jobs growth there has been the organisation Protect All Children Today, under this Government has been in part-time known as PACT. This organisation is employment and is a legacy of the sound dedicated to reducing the trauma experienced economic management of the Goss years by children required to give evidence in the when we were in office. Precisely what policies criminal courts, either as victims of sexual or is the Deputy Premier talking about? There are physical abuse or assault or as witnesses to in fact 7,000 fewer full-time jobs in crime. PACT operates a Child Witness Support Queensland than there were when the Program to provide support and assistance to 784 Matters of Public Interest 25 Mar 1997 children and their families. Many children are Police Department figures also show that abused by or witness a crime which has been in the first nine months of last year, police carried out by someone they know and trust. received almost 1,400 reports of sexual abuse Approximately 93% of youngsters know the against children and that action was taken defendant they are going to give evidence against individuals in 71% of cases. Action against. Sometimes the young people have to was taken against more than 100 people for live in the same house with the perpetrator various forms of child abuse and against 28 while they await the trial. That is an extremely people for child exploitation activities. This stressful situation for those young people. includes one man who has been charged with The importance of organisations such as some 800 offences relating to paedophile PACT becomes apparent when we consider activities extending over many years. There the extent of child neglect and abuse in our are undoubtedly many more statistics which community. Figures compiled by the could be used to demonstrate that a great department show that in 1995-96 there were many Queensland children are either almost 10,000 notifications of child abuse or experiencing or at risk of abuse or neglect in neglect in the State, which resulted in more its many forms. than 15,000 cases being investigated. This When we consider the extent of child was an increase of more than 10% over the abuse and neglect in our community, it is easy previous year. Of the instances investigated, to feel a sense of sadness and despair. But abuse of various kinds was substantiated in staff and volunteers of PACT should also take more than 30% of cases and was suspected pride in the important work that they have in a further 11%. The most common type of done with neglected and abused children. substantiated abuse was neglect, which can Through one of its major activities, the Child be broadly defined as any act of omission or Witness Support Program, PACT has provided commission which constitutes a failure to physical and emotional support for more than provide conditions which are essential for the 1,200 child witnesses and their families during healthy physical and emotional development the past 10 years. The stress that is of a child. Neglect represented around 40% of experienced by families—and extended family abuse cases, with children under the age of members—whose child has been the victim of five being most commonly involved. Physical sexual abuse or any form of abuse is abuse represented about 35% of enormous and the effect is ongoing. substantiated cases, with children 10 to 14 years being the most common victims. This The PACT program has more than 35 age group was also most commonly trained volunteers who work individually with represented among children who were victims child victims of abuse and neglect who are of sexual abuse, with 83% of victims being required to testify as witnesses. Last year, girls. Overall, 6.3% of child abuse cases more than 160 children were enrolled in the substantiated in Queensland involved sexual program in relation to evidence involving abuse. almost 800 separate criminal charges. We are not talking just of older children; children of all The figures compiled by the department ages are involved in having to give evidence in also provide some indication of the abuse cases. Having to go to court is in itself implications the effect of domestic violence on enormously stressful on young children. children. In the period between May 1993 and September 1996, more than 43,000 domestic In the past, limited resources have meant violence orders were made in which a request that the Child Witness Support Program has to protect the child could be included. In just been able to operate only in the Brisbane over 30% of those, protection of the child was metropolitan, Ipswich, Logan City, Gold Coast granted. Figures compiled by the Police and Sunshine Coast areas. I am pleased to Department further emphasise the importance be able to tell this House that, in order to of programs that can provide care and extend the services to other areas of the protection for children at risk. Last year, during State, the department has increased funding a Statewide phone-in known as Operation for recurrent operating costs by $100,000. This Paradox, police received more than 350 calls has enabled the appointment of a second relating to various types of abuse of children. therapist and the upgrading to full time of the Almost half of them involved reports of sexual administrative officer's position. People do not abuse, while there were also significant realise how important it is for counsellors to be numbers of calls relating to neglect, physical available to families and to young children at abuse and emotional abuse. The average age this time of need. The department has of the sexual abuse victims reported by the recognised that fact and has now made the callers was eight years old. extra funding available. For those people living 25 Mar 1997 Matters of Public Interest 785 in the far-flung areas of this State, the support the services offered by the department to is very evident. The department has those who are in need. recognised that bringing children to the metropolitan area to give evidence where they are not receiving counselling and where there Sunbelt Developments Pty Ltd; Indy is no support for the family is a big impost. Carnival As I said, this extra $100,000 in funding Hon. R. J. GIBBS (Bundamba) provided by the department has enabled the (11.49 a.m.): I rise in this House today to appointment of a second therapist and the make some further comments in relation to upgrading to full time of the administrative the major sponsorship by the group known as officer's position. Administration in this whole Sunbelt of the Indy carnival this year. At the area has grown enormously over the last 10 outset, I want to go on record on behalf of the years, and so this is appropriate recognition Opposition and on behalf of the Labor Party and assistance that will be given to streamline as the previous Government and say that we this particular activity. This will ensure extra unequivocally support the Indy carnival. I think help and support for children and families that our record in the past absolutely involved in presenting evidence in court, both substantiates that claim. Upon the return of a in preparing them for the court process and in Labor Government, Indy can look forward with helping them to deal with the stress involved. confidence to further success. So my The extra resources should also mean that the comments today are not in any shape or form Child Witness Support Program will be a criticism of the Indy event itself. available to more people who need its What we have seen is a debacle, quite services. The extra funding also means that frankly, in relation to this major sponsorship by volunteers, who play an enormous role in Sunbelt. Mr Davidson is the so-called Minister helping with child witnesses, can be for Tourism and Small Business in reimbursed for out-of-pocket expenses. At this Queensland. This is a portfolio which is vitally stage, I commend all of those people who important to this State's economy. This is the give many, many hours of support to children event of our tourist industry every year; the who have to give evidence and their families. showpiece is the Indy carnival. The tourism Such support is often needed from an outside industry relies on it; people in small business family member to enable the young people such as bakers, souvenir sellers, hotel chains, and their families to cope. Commendation restaurants and car rental companies all rely must be given to those volunteers. on this event, which occurs at a particularly PACT has recently decided to relocate its quiet time of the year for the Gold Coast operation from Hawthorne to Logan in the business community. near future, a move which will have many The comments I want to make today advantages since the main catchment area for relate to Sunbelt, which is an alias for a the organisation's clients is in the Logan number of other companies. I will name a City/Ipswich corridor. This means that the couple: Lotus Financial Services, Sunbelt facility will be located where it is needed, which Investments and Plant and, of course, the will mean that clients do not have to travel and absolute big daddy of them all, a company that the counsellors and their assistance will called Keepmore. Let me tell honourable be virtually at their back door. That is a very members: it is not only a case of keep more, it positive step in the provision of these services. is also a case of keep the lot and rob those The department places a high priority on who have invested through Keepmore programs associated with child protection, Investments. Keepmore earned its name, as I family support and the provision of alternative understand, by the principal of the group of care, as has been demonstrated by its support companies, Mr Geoffrey Stauber, who named for this and numerous other important it that because his idea was to negatively gear initiatives during the year. The department and to make sure he would not have to pay the the Minister are very firm on their commitment appropriate amount of taxation. Keepmore to providing support for families not only in was recently shut down and is now called Brisbane but also in outer areas. PACT has Sunbelt, which is the major sponsor of the certainly been recognised by the Minister, and Indy carnival. support has been forthcoming to enable the My phone has rung hot during the week organisation to assist families who find from creditors throughout Queensland who are themselves in this situation. I commend PACT extremely concerned. This company used to to this House and advise that the extra money put financial packages together for people that has been provided will certainly enhance who bought furniture for units or homes. 786 Matters of Public Interest 25 Mar 1997

People would go to the banks or financial involvement with Sunbelt. The man I spoke to institutions, borrow money and their solicitors is owed $35,000 by Stauber and he maintains or bank accountants would then be certified to that other staff are also owed money. At be able to transfer those funds into present, he is trying to keep faith with clients Keepmore, which had the responsibility of by paying them out of his own pocket. He told supplying furniture packages to those people me that Stauber was using trust fund moneys throughout Queensland. As I said, Keepmore, to fund his development schemes and that true to its name, kept the lot. It was only when some clients have been waiting for 12 months I revealed in this Parliament last Wednesday for their moneys to be given back to them. the shonkiness behind this group of three that Another person, Juleen Meldrum, was people have started to get some refunds. owed $20,000 plus interest as a result of one Let me use some examples here. A of these furniture packages in terms of a woman by the name of Ann Brooks from Bentley Park unit at Robina. She purchased Gladstone was owed $15,000 on furniture the unit and organised the loan through Lotus which she bought off Sunbelt for two units that Financial Services. Her solicitors sent a cheque she bought at Bentley Park at Robina. The to Lotus Financial Services for the unit and for furniture was due on the settlement date of 15 the furniture. The furniture has never arrived, January 1997. She arranged a loan through even though the arrangement was approved Pioneer Management Services that included in January. She is still owed $20,000. funds for the furniture. She has to repay the The whole point I am making here is: how loan on the furniture without receiving the can such a business organisation contract furniture and she is still waiting for the refund itself for $5m as the major naming rights from this company—Keepmore—which has sponsor for Indy? As I have already pointed now been shut down. out in this House this morning, my informants Kellene Hoffman from Gladstone was have told me that, under the financial deal, owed $15,000 for furniture packages. Her $1.5m was to be paid up front before the settlement date was 29 September 1996, yet event. Thus far, $400,000 has been paid. The no moneys have been forthcoming. Last Minister can shake his head; if I am wrong, I Tuesday, $12,000 was sent to her through the will accept that. The reality is that he knows mail. She is still $3,000 out of pocket. that with this event if a $5m sponsorship is to Gary, a State school principal who did not be entered into and if he and the board want to leave his name or phone number, has members had done their homework and been involved with Sunbelt in a negative checks properly, he would at least have gearing business. He feels that there is insisted that, as a sign of good faith, Sunbelt something not right with its financial and legal paid $1m up-front. arrangements. He wrote to the company It gets worse. I am told that there was no several times expressing concerns. He is due diligence done on Sunbelt whatsoever. particularly worried about the matter of Sunbelt was contracted to pay at least $1m a establishment fees and its financial broker's fortnight ago and it told Tony Cochrane from actions. He mentioned to me a Sunbelt IMG a fortnight ago that it could not meet its insurance company, Keepmore Corporation, contractual requirements. My informant also which handled the negative gearing matters, a tells me that the Premier and the Government legal firm called Short, Punch and Greatorix, have had a huge disagreement with IMG and which acts for Sunbelt, and Lotus Financial the board of directors over this issue. The Resources, which also has an involvement. outcome was that $400,000 was paid last $10,000 was deposited in his account only a week only after matters were raised in this number of days ago as settlement of an House about Sunbelt. Sunbelt is a renowned outstanding debt of $13,000 owed to him, touter on the coast and there are four or five again, by Keepmore. more creditors of Sunbelt still to emerge. A further example is another person who I predict that after today my phone will run sold furniture packages to clients. This person absolutely hot with more creditors throughout told me that Stauber has illegally raided trust Queensland concerned about the business funds. Quite frankly, he was blunt and to the activities of this business organisation. The point and said that Stauber should be in gaol. reality is that the Minister has not done a This fellow particularly mentioned to me that proper due diligence investigation into this he feared for his life if this information was not company. Those who have been advising the treated confidentially. He also said that Minister have been extremely slack in their recently a friend of his had already been professional manner. As I said last week, quite bashed on the coast with an iron bar over his frankly, the buck stops with the Minister and 25 Mar 1997 Matters of Public Interest 787 he has to accept the responsibility and forget itself and for the rest of the State. Earlier this this flim-flam that he goes on about that he year, the Minister for Health welcomed 234 takes his hands off Indy because the board new medical interns who commenced work at must run it. The Minister is required to take an Queensland's larger public hospitals. Of those, interest in the event and he must ensure that more than 20 were placed at Nambour, he receives daily reports about what is going Caboolture and Redcliffe Hospitals, on. The reality is he has been led up the representing over 40% of all non-metropolitan garden path. internships in Queensland. I understand also that the Ferrari support As members can see, it is an exciting event for this race in a couple of weeks has year, not only for these medical graduates but now fallen through, even though it still appears also for the public health system on the in the program. The board is thrashing around Sunshine Coast. To receive almost half of madly trying to find a replacement for the these internships is recognition that the Ferrari event. Porsche has been approached Sunshine Coast's public hospitals are an but it is not felt that it has sufficient pulling excellent springboard for Queensland medical power. But the worst of it is that the board graduates. The internship allocations are a failed to insert a penalty clause in the Ferrari tremendous honour paid to the staff of these contract in the event of non-performance. We hospitals. In these hospitals, interns will gain believe—and I confidently predict—that valuable experience in a wide range of areas, Sunbelt will be wiped as the naming sponsor such as obstetrics, paediatrics, surgery and straight after this year's race. accident and emergency. The best news is The question begs to be asked still: when that this coalition Government will increase the are we to see the money up front? I say to the number of registrar training positions. If these Minister that, regrettably, we cannot expect to positions are located in Sunshine Coast see that money paid at all. Is it true that hospitals, interns will have an increased range Stauber and his companies owe the Taxation of career options available to them. They will Department substantial amounts of money? be able to continue their practice without Are there more creditors to emerge from the leaving the coast. woodwork and how can they be paid? Will the Surgical registrars will benefit from the Minister do a proper due diligence success of the coalition's Surgery on Time investigation to see if Sunbelt has committed initiative, which has already made significant a criminal offence in paying this first instalment inroads into waiting times on the Sunshine from trust accounts raided by Stauber—which Coast. At Nambour—the first Sunshine Coast would be a highly illegal activity? I say to the hospital included in Surgery on Time— Minister he has not only failed miserably in his surgeons performed 3,309 operations in the duties as the Minister responsible for this four months to 31 October 1996. This is an event but also he will be left with a gaping hole increase of 507 on the same period in 1995. in his financial requirements by an The net effect of this has been a dramatic fall organisation which, to be blunt, can be in the number of people waiting too long for described in no other way than a pack of urgent elective surgery. This is Category 1 shonks. surgery, which includes, for example, operable Time expired. lung cancer, obstructing kidney stones and correcting detached retinas. Long waits are those waiting more than 30 days. The Minister Sunshine Coast Health Services; set a target for this Government of less than Surgery on Time 5% long waits by 31 December 1996. As I Mr LAMING (Mooloolah) (12 noon): said, this has been dramatically achieved, with Much has been said about the achievements fewer than 3.7% of Category 1 patients now of this Government in Health, from the rescue waiting longer than 30 days. Nambour Hospital of the Hospital Rebuilding Program through to has contributed to this success by reducing its the rebuilding of Queensland Health itself and Category 1 long waits to zero. the spectacular elimination of waiting times in Those who cannot afford private health elective surgery. On the Sunshine Coast, insurance can again be confident that, when although there is still much to be done, these life is at risk, Queensland Health will give them achievements are remarkable. I would like to quality care on time. Those who can afford address these and make some comments private care or health insurance are well about the future of Health in this area. advised to continue to take advantage of the Under the coalition, the Sunshine Coast is benefits of private health care. A clinically well positioned to provide a healthy future for appropriate wait can still seem a very long 788 Matters of Public Interest 25 Mar 1997 wait. However, those who cannot afford private beds, with construction to commence late this care can again be confident that Queensland year. Caboolture will see expansion of its Health will care for them. obstetrics, neonatal, day surgery and accident The assault on waiting lists continues. For and emergency facilities and the construction example, the Minister recently announced a of a new 24-bed psychiatric unit. Office, sterile $2.73m package to increase day surgery in stores, outpatients, theatre airconditioning and Queensland public hospitals. He has made car parking will improve the services available this funding available to public hospitals under to the patients, visitors and staff of the Kilcoy the coalition Government's Surgery on Time Hospital. Work there should commence in the program. Sunshine Coast surgical registrars next few months. will now have more exposure to certain The $30m redevelopment of Nambour advanced technology. This technology means Hospital will address deficiencies of Blocks 1, 2 that it is now possible to undertake many and 3, including enhancement of specialist hospital operations as day surgery. For outpatients, rehabilitation areas and parking. example, a patient undergoing a hernia repair $50,000 will be spent in this financial year. a couple of years ago would have been in Master planning, by the highly valued hospital for three days after surgery. Now that Queensland firm of Conrad & Gargett, is patient has his or her operation and goes complete with options for commercial home on the same day. Improved training for operation/management of the car park facility surgeons is one benefit flowing from increased now being considered. At Caloundra Hospital, day surgery. Others include our hospitals a $10.8m upgrade and enhancement of treating more patients and patients not being facilities and services will see $55,000 spent in inconvenienced by hospital stays. 1996-97. Consultants have been engaged for Of the Statewide $2.73m day surgery assets review, functional planning and master funding package, $469,000, or 17.2%, has planning. been provided to the Sunshine Coast public Then there is Noosa. The electors of hospitals. Nambour has received $250,000 Noosa must know that Labor, through the and Caboolture $219,000. Initiatives such as member for Mount Coot-tha and its leaders, these have ensured that the first major target who are both failed Health Ministers, has set by the Minister—of ensuring that more opposed the construction of the Noosa than 95% of urgent Category 1 patients have Hospital at every step of the way. Not so the their elective surgery within the clinically coalition. I understand that Queensland Health appropriate 30 days—was achieved one has finalised the purchase of the site in the month ahead of time. Caboolture has installed last few weeks, and an announcement in this an elective admissions system and regard is imminent. The coalition's commenced reporting waiting data from 1 commitment to hospitals in growing areas is November 1996 as a prelude to its inclusion in not one based on Labor's centralist planning the full Surgery on Time program. Similarly, ideology. Rather, the Coalition Hospital Caloundra has installed an elective admissions Services Planning Principles state that— system using seed funding provided under Surgery on Time and commenced reporting "Hospital services, particularly non- waiting data from early February. tertiary services, are to be located in recognition of their role in establishing Training opportunities created by Surgery and maintaining communities." on Time on the Sunshine Coast are not limited to medical registrars. An exciting initiative for And this is exactly what the Noosa project is, perioperative nurses is the establishment this and why Labor opposes it. Labor's central year of an external, tertiary, perioperative planning model, with its hundreds of policy nurse training course, which is being and planning officers in central office, failed. conducted by the University of Central The principles also state— Queensland with the Prince Charles Hospital. "Although central planning models Of the 10 available positions, four have been work in theory, in practice their record is awarded to Nambour—the only non- poor in delivering service. Planning metropolitan nurses in this first cohort. should, wherever possible, be governed Turning to capital works—our hospitals will by the market; public sector planning receive significant upgrades under the should be governed by genuine coalition's 10-year, $2.1 billion, fully funded community input. For public health Hospital and Health Services Building Plan. At services, this means that, whenever Redcliffe, the coalition's $30m redevelopment possible, planning decisions should be will see the existing facility upgraded to 281 made by District Health Councils." 25 Mar 1997 Matters of Public Interest 789

The final act in the rebuilding of to the cypress pine timber industry and Queensland Health recently unfolded as the leaseholders of Crown land, in other words, newly appointed District Health Councils met public land. I have here an undated policy for the first time. I take this opportunity to options paper titled "Cypress Pine commend the Health Minister and the Management on Leasehold Land", which I Government on their selection of members for caught up with only a few weeks ago. This the Sunshine Coast and Redcliffe-Caboolture paper considers that lessees be given District Health Councils. The chairman of the management and ownership over this publicly Redcliffe-Caboolture District Health Council, Mr owned and very valuable timber resource— Ian Mathieson, is a manager with 30 years' cypress. experience in industry at an executive level, a For the benefit of honourable members former member of the Royal Women's present, I will give a very brief background of Hospital Board, and has a significant interest our State's cypress pine resource. It is a native in aged care. His council represents the many commercial softwood timber species upon communities of that district, including which a dependent and very decentralised Caboolture, Kippa Ring, Morayfield, Redcliffe, rural sawmilling industry has been established Wamuran and Kilcoy. The Sunshine Coast throughout southern and central Queensland. District Health Council's chairman is Mr John Cypress pine comprises about 30% of Cassels, a company director and rural Queensland's total native forest sawlogs and producer who also has extensive experience in provides employment for about 500 people in public health services management. His harvesting, milling and planing activities. councillors include a highly respected member Most of this valuable timber resource is of the Mooloolah community, Dr Stephen located on leasehold land, the majority of Phillips. Dr Phillips is the immediate past which is under long-term grazing leases president of the Australian Medical granted under the Land Act. It covers some 6 Association's Queensland branch and is a million hectares west of the Darling Downs and general practitioner with experience as a encompasses parts of the Warrego, Nive, visiting medical officer to private and public Maranoa and Balonne River catchments in hospitals. The involvement of men of the and around Tambo, Augathella, Mitchell, calibre of Mr Mathieson, Mr Cassels and Dr Injune, Roma, Chinchilla, Yuleba, Wandoan, Phillips is a compliment to the work of the Baralaba and other places. The cypress pine Minister and the coalition in rebuilding timber industry would have to be the most Queensland Health. It is also good reason to decentralised in Australia, if not the world. have every confidence in Queensland Health Quite often, a cypress pine mill is the only at present and in the future. secondary industry in many small western At my recent meeting with the Minister, I towns and plays a major role in employment urged him, with my colleague the member for opportunities and the economies of those Maroochydore, to continue to entrust the towns. I would go so far as to say that, without Sunshine Coast, including Redcliffe and those mills, many of those small western Caboolture, in its role as a springboard to towns would not survive. The ownership of Queensland's future health. Part of that trust forests has always been vested with the must be continued real growth in the Department of Primary Industries, which resources allocated on the Sunshine Coast, controls and sells timber under the Forestry reflecting the area's dynamic growth and Act. strategic significance to Queensland. While Lessees have always had to seek there is much to be done, this Government's authorisation from the Department of Natural progress so far gives a clear indication of the Resources for any use or destruction of any way forward for Health on the Sunshine Coast. commercial timber growing on leasehold I would like to compliment the dedicated country. Of course, that includes cypress. That staff of our Sunshine Coast hospitals. I receive has long been a bone of contention for the many letters of support and thanks and would graziers who view cypress as a pest, limiting like to take this opportunity to place on the the stock-carrying capacity of their land. In public record my appreciation and that of my relation to the value of trees, I have been told coalition colleagues of the work of all involved many times by graziers, "You need a few for in both our hospitals and in community health. shade for the fat bullocks to lie under." I will quote to honourable members from page 10 of the policy options paper that spells Cypress Pine Industry out this belief loud and clear. It is headed Mr DOLLIN (Maryborough) (12.08 p.m.): "Cypress pine impact on grazing I rise to speak on a matter of great importance management" and states— 790 Matters of Public Interest 25 Mar 1997

"Many lessees feel that cypress pine lessees—money for jam! If carried out to its is unreasonably impinging on the conclusion—which the Honourable Ministers continued viability of their grazing for Natural Resources and Primary Industries, enterprises. While most lessees feel that Messrs Hobbs and Perrett respectively, seem cypress pine has a valid place on their to be pushing—not only would a grazing lease lease there is a strong concern about the entitle one to the grass but also to the timber. level of protection which has historically That is better than freehold title, as there been afforded to this timber species and would be no capital outlay to purchase the what is perceived as an inflexible attitude timber. What a rort! Of course, that is the thin by the DPI to its clearing. Of particular end of the wedge. Hardwood and all other concern is the encroachment of regrowth commercial timber will be next. cypress pine onto areas previously On page 10 of the policy options paper, it cleared or not currently supporting pine is suggested that lessees could undertake and considered better suited for grazing. activities such as the thinning of cypress pine Lessees point to the effects of reduced stands for a much lower cost than could the grass growth under dense stands of DPI. I am sure they could. I can see them now timber and also to the impacts of cypress selectively clearing with two D8s and a ball and pine on other cattle management costs, chain. There are more give-aways for these for example: lucky lessees who have cypress growing on increased need for regrowth control; their leases. On page 25 "Incentive mustering difficulties; basis—linked to productivity and share of inputs" the following options are canvassed: higher clearing costs due to more lessees receive a negotiated share of the rigorous planning and supervision royalties at the time of harvest, that is, money requirements; for nothing; lessees receive a negotiated impositions on the size and location share of projected royalties prior to the of holding paddocks, fences and harvest, that is, periodic payments on the watering points; growth of the crop; lessees should receive the harbouring of pest species; and progress payment for thinning the crop; and—the icing on the cake—it is disturbance to cattle, roads and recommended that taxation incentives be fences by logging activities. given as well, that is, payments would be tax Moreover, many lessees see their free. Option 5 recommends full lessee timber obligations to pay rentals and rates over rights and management. timbered areas of their lease as an unfair I can assure honourable members that subsidy imposed by the DPI and the the great majority of graziers believe that the timber industry which pay neither. best strategy for the management of cypress However, it should be noted that lease is to get rid of it. I have witnessed time and rentals and rates are generally based on time again what graziers do when they get unimproved land values (which can be control over cypress on their property. They relatively low cypress pine land types)." sell off all millable size logs and destroy the In fact, those lease rentals and rates are next rest. There are few, indeed, who are prepared to nothing. It states further— to wait 50 to 100 years for cypress pine to "While most lessees feel that grow. They want the land to grow grass so that benefits are derived from logging through they can turn around cattle every three to four improved property access and a flush of years. Cypress growing is far too long-term for forage, these advantages are considered graziers. to be outweighed by the broader impacts If this policy were to go ahead, not only of cypress pine on cattle management would the taxpayers be robbed but the costs. For this reason cypress pine is sawmilling industry would be doomed. At considered by many lessees as a pest." present millers with Crown allocations have a The day that this Government hands the guaranteed allocation of log resource per cypress pine management and ownership annum. This gives stability and confidence to over to lessees will spell doomsday for the invest in the industry that operates 52 sawmills cypress pine timber industry. It would rob the and provides some 500 jobs in far-flung public purse of $500,000 per annum net western Queensland. Without this guarantee based on the current pricing structure, the of a sustained resource, the industry will die. amount being collected by the Forestry The timber industry knows full well what will Business Group at present. What a windfall for happen if the State hands over this public 25 Mar 1997 Matters of Public Interest 791 asset virtually free to lessees: an oversupply of also serves an area of sea, including the major logs will occur in the short term as the lessees Whitsunday tourist resorts and the outer rush to cash in on this gift of a lifetime before it Barrier Reef. That is an area 0.9 times the size disappears and within five years they will be in of Tasmania. In total, the service area covered trouble for resource. From the day that the by land and water is, therefore, 2.3 times the cypress pine is handed over, there will not be size of Tasmania. another dollar spent on upgrading of CQRESQ is a community-based service, equipment and just about all Crown allocated which has received strong funding support mills will be on the market. from some local coalmining companies and The handing over of the management of their employees in the Bowen Basin, with the State cypress resource would also be an employees providing payroll deductions of $1 environmental disaster as it grows on poor per week in support of the service. That is very shallow sandy type soils, which, if totally commendable. Significant support has been cleared, would cause severe wind and water provided by BHP Coal, Theiss Contractors and erosion. As explained on page 60 of the members of the United Mineworkers Union. option paper, cypress grows on shallow, Funding has also been provided by MIM's skeletal soils only 18 inches deep or less Newlands mine and Blair Athol mine. Major overlaying rock, normally sandstone. The media in the Mackay region have also combination of shallow soils, poor water- provided considerable support and holding capacity and low fertility make these sponsorship, most notably the Daily Mercury soils better suited for growing timber than newspaper. Sponsorship has also been grazing. provided by the Channel 7 network, Radio This country should remain under the 4MK and HOT FM. Funding was assisted control of the State. After all, it belongs to the considerably by a $100,000 annual donation people. I would like to be able to run out and from the Tom and Dorothy Cook Memorial lease an enormous amount of land for a Trust. That trust supports community song—a couple of thousand dollars a organisations throughout the Mackay district, year—and find that I had the rights to the which is very commendable. The Mackay timber on it. That would be all my Christmases District Canegrowers organisation provided coming at once. That industry should not be strong support. As well, many canegrower privatised—which is the aim of those members gave donations to the helicopter measures. To allow lessees to manage our rescue service. cypress forests would be like putting Dracula in Missions flown by the service include the charge of the Blood Bank. treatment of victims of shark attacks and, most notably, that crocodile attack in the Whitsundays, several irukandji attacks, a Central Queensland Rescue Helicopter number of serious cardiac patients, several Service mishaps such as waterskiing accidents, motor Mr MALONE (Mirani) (12.17 p.m.): vehicle accidents and industrial accidents, Before I commence my speech, I would like to including a number at the Bowen basin acknowledge that my electorate secretary, coalmines, and also accidents that occurred Karen Farrell, is in the Speaker's gallery, so I on rural properties. They have searched for had better do a good job. and found boats in distress and have landed Today I will speak on the role of the on the decks of seagoing vessels to treat Central Queensland Rescue Helicopter acutely ill and injured crewmen. Service, which operates under the shortened Original seed funding for the name of CQRESQ. It has been flying for the commencement of the CQRESQ was made six months since September 1996. During that available in the form of a $10,000 grant from period it has unquestionably saved several the local governments of Mackay City and the lives, according to doctors from the Mackay Shires of Mirani, Sarina, Nebo, Belyando and Base Hospital emergency department. That Broadsound, totalling $60,000. That funding fact has been acknowledged on the public was instrumental in enabling the directors to record through our local papers. The service engage a professional marketing and flew a total of 67 missions during its first six management service, operated by Tony months of operation, averaging a mission Shields, to obtain widespread community every three days and operating 24 hours a support, to develop a business plan day. demonstrating the viability of the service and The size of the land mass served by to subsequently achieve State Government CQRESQ is 1.4 times the size of Tasmania. It funding for the helicopter rescue service. 792 Matters of Public Interest 25 Mar 1997

Those local councils are committed to been spent in flying patients onto or off islands providing the CQRESQ with that same level of in the Whitsundays. A further 9% of the funding of $60,000 because its services are CQRESQ's flying hours was required to invaluable to the community. transport seriously ill patients from the The medical equipment aboard the Bell Proserpine Hospital to the Mackay Base Longranger helicopter enables it to provide a Hospital. mini-intensive care environment, and there is The tourist resorts in the Whitsundays, an emergency physician available from the together with the Proserpine and Airlie Beach Mackay Base Hospital. The standard medical area, generate a non-resident population that equipment in the helicopter includes a pulse is represented as one and a half million visitor oximiter, a ventilator, a defibrillator, syringe nights per annum. The addition of that pumps, oxygen and suction and, more number of visitors to the population of the particularly, twin stretcher capacity. Recently, a area causes a very considerable increase in state-of-the-art intensive care neonatal cot was the requirements in the Mackay area for acquired by the service. Through the addition emergency medical care by helicopter. The of this essential equipment to the medical tourist resorts in the Whitsundays and other system of the Mackay region, the Central associated industries in the area share the Queensland Helicopter Rescue Service has responsibility with the community of ensuring not drawn on existing medical equipment in that the CQRESQ receives sufficient financial the region and has very significantly enhanced support to be able to continue providing that the capacity for medical service in the region. service. It has added depth to the resources available A formal service agreement, which was for the treatment of patients as well as offering signed by the State Government and the a rapid deployment of high-level outreach CQRESQ, ensures that the CQRESQ meets emergency advanced life support. public accountability standards in financial and The helicopter is also fitted with a winch operational areas in return for guaranteed for down-the-wire tasks so that it can deliver funding of at least $300,000 per annum from specially trained ambulance officers with the State Government towards its total costs medical equipment down the wire to a patient of $1m a year. Today, I am very pleased to in an otherwise inaccessible location. A small inform the House that owing to my number of ambulance officers have made submissions and discussions with the Minister themselves available to operate in that for Emergency Services, Mick Veivers, an capacity. They have distinguished themselves extra $300,000 has been allocated to the by their dedication to the task of helicopter CQRESQ to continue and to enhance its crewman and providing patient care. excellent service. It is also important that I recognise the work of the board of directors The magnificent area of the Whitsundays under the chairmanship of John Bird. includes 74 islands, most of which are uninhabited and isolated. From time to time, Mrs Bird: Hear, hear! many of those islands are visited by tourists Mr MALONE: I hear the member for and certainly by recreational fishermen. Of Whitsunday. I acknowledge the dedication of course, all of that area is served by the that board in getting the project to this stage. I CQRESQ. It is unique to have the seven main also acknowledge the dedication of the pilots resorts in the Whitsundays served by the of Lloyd's Helicopters, which has the contract CQRESQ. All of those resorts are relatively to carry out this work. They have performed isolated and, of course, do not have the their services well beyond the call of duty. I services offered by the Queensland would especially like to commend the Ambulance Service because they are members of QAS who have volunteered to surrounded by water. There is a resident train officers so that they can become doctor at only one resort, and that same resort members of the crew required for the has a lit, sealed, all-weather landing strip. operation of this very essential service. Transporting seriously ill patients by boat Time expired. or in an aircraft that does not carry trained personnel or suitable equipment offends best practice patient care and can create a legal Teachers liability for those who are not recognised Mr T. B. SULLIVAN (Chermside) professional providers of aeromedical (12.27 p.m.): Just a short time ago I was treatment and transport. The CQRESQ service proud to be outside Parliament House to is fully recognised by the Queensland support former QTU colleagues. My Government. 32% of its active service has experience has been with QATIS, the 25 Mar 1997 Criminal Law Amendment Bill 793 independent teachers' union, which for many CRIMINAL LAW AMENDMENT BILL years has had a close liaison with the Resumption of Committee Queensland Teachers Union. Hon. D. E. Beanland (Indooroopilly— The Premier and the Education Minister Attorney-General and Minister for Justice) in were wrong in trying to claim that the teachers charge of the Bill. do not care for the 400,000 kids who are not Resumed from 20 March (see p. 738) on at school today. I will tell members how our clause 61— kids are suffering and will continue to suffer if this Education Minister and this Government Mr ARDILL (12.20 p.m.): When the does not do the right thing. If schools are Committee reported progress, I was speaking underresourced, teachers cannot give their full about the pernicious clause of the Bill that is time and attention to kids, which they need. If before the Committee. Clause 61 changes the more and more paperwork and jobs are forced position of not only union pickets but also onto the teachers' current workload, the people who are picketing against, for example, teachers cannot give their full time and environmental rapists such as Williams and attention to kids. How will our kids suffer? The Quaid throughout the State. This is one of the teachers will have less time to spend with most pernicious and intentional attacks on the individual students, they will have less time for freedom of Queenslanders in an otherwise preparation and they will have less time to do incompetent and illogical bastardisation of the the job that is needed, and that is to spend Griffith Criminal Code. time with their kids. The teachers Clause 61, which is a dishonest and demonstrating outside know what it is like to sneaky amendment to section 346 of the have between 25 and 30 kids in their Griffith Code, provides that to verbally or classrooms day in and day out. physically prevent or even hinder a person from working or carrying out trade, business or Yesterday, I was talking to two public work is to be guilty of an offence. This servants, both of whose spouses were disgraceful amendment makes picketing a teachers. They told me that their workload is crime. Under this provision, the picketer is phenomenal. One was correcting assignments branded a criminal, which has a grave effect for English and history, and the other was on his or her future. For example, if charged, preparing all the material involved for teaching such people may not stand for Parliament and manual arts. The current workload does not their employment in other areas would be in give teachers time to take sport and other question. The teachers who are protesting extra curricular activities. today would be in that position. I do not doubt If the profession is downgraded, all kids that the Minister would think twice before will suffer. I remember during the early 1970s sacking the hundreds of people who were in Sydney the pay scale for teachers in outside. Catholic schools was 52% of the salary of Mr Purcell: Thousands. State school teachers. Those schools Mr ARDILL: Indeed. Individuals can attracted the poorest teachers from around certainly be penalised for picketing and would Australia. The top of the pay scale for teachers be convicted of an assault which, under this on a 4.08 plus, or whatever the scale is called Bill, is a crime. now, offers a maximum salary of about $40,000. When teachers see 24-year- old Section 346 of the Act requires that an former students earning $40,000, they know assault take place, but what is an assault? that they helped get them there but they According to the dictionary, an "assault" is to cannot progress past that pay rate. indicate by word, gesture or physically that the person picketing strongly opposes the Today, the Health Minister asked, "Who is passage of the complainant through the picket looking after the kids?" What does he think line. If members do not believe me, they can teachers are? Just baby-sitters! If they were look at the dictionary on the table. This just baby-sitters and receiving the current rate definition of "assault" cannot be challenged as for baby-sitting, they would be paid a hell of a there is no other definition in the Bill or in the lot more than they are being paid now as Griffith Code which the Bill is amending. The teachers. Teachers give kids the basics that Minister mumbled that there was a definition, they need to get on in life. The current but there is not. He was referring to the fact situation is unfair. I support the teachers. that clauses in the Bill that have already been dealt with discuss assault. However, they do Mr SPEAKER: Order! Time has not in any way define an assault as anything expired. other than what the dictionary defines it as. 794 Criminal Law Amendment Bill 25 Mar 1997

Those clauses certainly make other assaults a people of this country and, indeed, the people crime, and they were passed. However, in this of the world have noted time after time, the case actually preventing a person from big-stick tactic never works in industrial passing through a picket line by word or disputes. The big stick is not the way one gesture, which is an assault under the Griffith solves industrial disputes, just as threats, Code—and I admit that the clause does not sackings and intimidation are not the way to change that—changes the assault from an solve industrial disputes. offence or misdemeanour to a crime. It is worth while looking at the provisions This amendment prescribes a penalty of of section 346 of the Criminal Code, which five years' imprisonment for the crime of provide for a Magistrates Court trial and three picketing and is another example of the months' imprisonment in relation to this inconsistencies of the Bill and its wilful offence. Through clause 61, the Government disregard for equity in penalties. It also shows is proposing five years' imprisonment, which is the Minister's disregard for the freedom we a 1,900% increase in the penalty. I can see enjoy in this State—a disregard which only one other penalty in the Bill that is successive Liberal Ministers in the increased by more, that is, for corporations for Government have also shown. fraudulent practices. Other than that, the Clause 61 will mostly affect unionists, Government's big gesture to get tough on law although it will also affect environmentalists and order really means that the clause is and anyone protesting against unethical getting tough on unions in the most trading or unhealthy practices in business. outrageously provocative and unfair way. Today's protest by the teachers is a prime I looked at Carter's Criminal Law to see example of that. This morning the Premier how many cases there have been involving challenged us to say whether or not we prosecutions against union officials and similar supported the teachers' strike. Of course we people for breaching this section of the support the strike because striking is the final Criminal Code. I thought that perhaps this was action that unionists can take when they an issue of some concern and that the cannot get justice anywhere else. We do not Government had received correspondence support strikes without all of the other from its constituency to say that there was a negotiation processes being taken. However, problem and that the penalties were not tough that is not the case with the education enough. I asked the Parliamentary Library to debacle. The teachers have no other action to check with the Supreme Court Library to see take and the law totally supports their right to the number of times that a report had been strike. Therefore, the Opposition also supports made in Queensland of section 346 of the it. Criminal Code in Carter's Criminal Code. It was Quite clearly, the Liberal members of the not 10 times, it was not five times, it was not Government do not support the right to strike once. There were no cases; there was not one under any circumstances. This clause is their annotation. To compare that with the crime of opportunity to prevent strikes by other than a rape, Carter's Criminal Law has nine pages of frontal attack through the Industrial Relations small typeface on rape and seven pages on Act. This is a sneaky way of getting this stealing. There is not one zack on this issue. agenda through without any comment or That is how important this mischief is that the discussion and, indeed, there was no Government is seeking to remedy. It does not discussion on the issue until the debate was occur. This is a case of the Government trying started by the Opposition. to pander to its redneck constituency in order The debate on the incest section of the to take the big stick to trade unions, although Bill shows just how out of touch the Attorney- that process has never worked. General is. He has no idea of the duties of an It is worth while looking at what the Attorney-General. He is a politician first, Scrutiny of Legislation Committee said about foremost and solely. Unfortunately, he has clause 61. It states— shown no indication that he will do anything to "The rights of citizens to take uphold the freedom of the people in this industrial action, by example, peaceful State. Clause 61 must be defeated. We picketing of a workplace, are well should return to the Griffith Code. established and have long been Mr LUCAS: I rise in opposition to clause recognised in Australia and 61 as moved by the Government. This internationally. These are subject to amendment is unnecessary. It is motivated by reasonable regulation to protect the rights the policy of getting square and the policy of of others and this section is among a taking the big stick to trade unions. As the number of such provisions. The 25 Mar 1997 Criminal Law Amendment Bill 795

Committee would not condone the dealing not only with something which can physical assault of other persons by those stop picketing but also something which could involved in picketing and other activities. have even more ridiculous effects. There is, however, a danger that if For example, what if the Honourable penalties are too high, those engaging in Minister for Education and the Honourable lawful industrial protest without the intent Minister at the table had the courage to face of committing assault"— the teachers who were assembled in large and I will emphasise that again— numbers outside Parliament House a few "without the intent of committing assault moments ago? After they spoke and received (but with the intent to hinder another whatever hearing they might have received, person's lawful trade or business) may be what would have happened if, as they turned restrained from exercising their rights. This to come back into Parliament House, one of is especially the case with assaults which, the persons involved in that demonstration despite the popular misconception, do grabbed at the sleeve of one of those not require actual touching but can Ministers in order to try to attract his attention include gestures threatening to imply to encourage him to speak further? That force." person would be guilty of an assault. Assaults can sometimes be trifling. Under the proposed As the member for Archerfield accurately amendment to section 346, that person would pointed out, this provision applies to not only be liable to five years in gaol and would also unionists but also farmers protesting against be guilty of committing a crime. How absurd it banks and environmentalists protesting is to criminalise that type of behaviour! against environmental policies. Any protest Mr FitzGerald interjected. group could potentially fall within this provision. Although protesters may have no intention of Mr WELLS: I pause to take note of the committing an assault—and I do not condone words which fall like pearls from the lips of the violence during industrial disputes or at any Leader of Government Business. other time—they will be scared off. We all Mr FitzGerald: How about other assault know what would happen if protesters were provisions? What are the penalties there? faced with the threat of criminal prosecution. Mr WELLS: There are many other In the past, police have been used for penalties. I suggest the member read the political purposes. Protesters might be document in front of him in relation to the charged despite their being as innocent as the various types of assaults. day is long. Such protesters would now have Mr FitzGerald interjected. to go to the District Court after an expensive Magistrates Court committal. Even if the Mr WELLS: It is right in front of the protesters were acquitted, who would pay their member; he should just read it. This provision legal expenses? As in all criminal trials, those criminalises the merest touching, even in the expenses would have to be met by the circumstances that I have described. That is protesters. Protesters who are charged and absurd. The Griffith Code mentions any acquitted could face tens of thousands of person who assaults another with intent to dollars in legal costs because of the overuse hinder or prevent the other person from of the big stick in this Bill. working or exercising their functions and so forth. My example would fall under that There is no policy need at all for this provision of the Criminal Code. provision. It is provocative, hairy chested and panders to a constituency that probably does Mr Chairman, with your indulgence, I refer not even demand it. The issue has not been back to section 343(2), which states that, if the mentioned in annotations to the Criminal justices are of the opinion that the assault was Code, nor has there been any comment about so trifling as not to deserve any punishment, it in Carter's Criminal Law of Queensland. The they may convict the defendant and discharge provision is unnecessary and outrageous. I the defendant without inflicting any urge the Committee to oppose it. punishment. How can that section continue to apply once it has been said in respect of Mr WELLS: I rise to support what my proposed section 346 that it is a crime? It is colleagues have said in respect of this odious being made a crime, and the Government provision. Also, I wish to make the point that expects that provision to stand with another this amendment makes nonsense of section already in the Criminal Code, not Queensland's criminal law on this point. Mr amended in this respect, which says that if it is Chairman, you have to bear in mind when so trifling as not to deserve any punishment, it interpreting these amendments that we are can be discharged in that fashion. This 796 Criminal Law Amendment Bill 25 Mar 1997 amendment makes nonsense of the Criminal students or other protesters who meekly throw Code. their arms in the air as they are dragged off Why are Government members rendering into a paddy wagon. You lay a hand on us our laws nugatory and making nonsense of and we're going to flog you. You better keep them? They are doing this in order to beat the those blokes in the bus." And they used to law and order drum against trade unionists. keep them in the bus. They are trying to get tough on trade unions Marching was fairly intimidating even and the working people of Queensland. They when we could be charged only with a are trying to hold the threat of criminalisation misdemeanour. The police were trying to over large numbers of honest, working people intimidate us. Most people are law abiding. in Queensland. That is an odious and Long service leave was promised on three reprehensible thing to do. The Minister who occasions by the Bjelke-Petersen brought this provision into the Chamber ought Government, and it broke that promise after to be ashamed of himself, and he ought to three elections. We marched on that issue withdraw it. regularly. The industry wanted it. As soon as a Mr PURCELL: I rise to support my Labor Government gained power, building colleagues and those who have spoken workers in this State were granted long service against this Bill. The Bill will go a long way leave. Because of the itinerant nature of the towards intimidating people into not taking industry, they previously had no entitlement to action when their conscience tells them to take long service leave. action. Members have cited examples of to The other aspect of this clause is fairly whom this provision will apply—trade unionists, insidious. If workers cannot withdraw their farmers and environmentalists. The list could labour, they are slaves. If they are not allowed also include anti-abortionists protesting outside to withdraw their labour over wages or an abortion clinic, and Christian groups. conditions—and in many cases the issue may Anybody who hinders anybody at all in going be safety conditions—they are slaves. If they about their lawful business or who verbally try to protect their jobs in this climate of high opposes or objects to what someone is doing unemployment and they cannot stand in front is liable to be charged with a criminal offence. of their workplace to fight for wage reviews or The Minister should come clean with respect the improvement of working conditions, they to this section of the Criminal Code that he is are slaves. Under this provision, just by amending and tell us why he is doing this. standing there a worker can intimidate people I thank my colleague the member for and therefore commit a crime. There is no Lytton for the information he related about the need for this clause. I urge the Minister to number of times that this section of the Code rethink and to withdraw it, and if he does not, I has been used—zero times. There is not a urge members on both sides of the Parliament great cry in the community for this provision to to oppose it. be inserted in the Act. We want to know why it I would love to see a couple of the is being inserted. cockies opposite, who are probably being Mr T. B. Sullivan: Could it be another ripped off by banks and being charged too case of union bashing? much interest, vote with the Opposition on this Mr PURCELL: I think the Minister is clause. Their mates are being sent down the getting prepared to go back to what we call chute—their farms are being sold up, their the bad old days. Marchers were already machinery is being sold off and they are being intimidated under the existing laws. When we placed into bankruptcy. If members opposite were marching we would have coppers in front go out there and support their mates, they will of, beside and behind us. The "kickers" would become criminals because they will be be brought in from the outlying police stations standing out there intimidating the banks—as and would be kept in a bus around the corner. if anyone can intimidate a bank—— We would see them arrive. When the sergeant Mr McElligott: They'll let them out of or the inspector let them out, those blokes did the bus. not have their serial numbers on display and could therefore have a go. And they would Mr PURCELL: They will let them out of have a go! However, they were never turned the bus—right! loose on marches by the builders' labourers. Mr ROBERTS: I want to add a few We would have a quiet word to the inspector words to the debate. What we are seeing here or the sergeant and say, "If you let them out, is a move by the Government to use the we're going to give you as good as you give Criminal Code in industrial disputes. There us. It won't be like bashing up university have been cases recently in Western Australia 25 Mar 1997 Criminal Law Amendment Bill 797 where union officials have been charged with cases in the Queensland Law Reports, etc., criminal offences for going about their lawful and not other cases that are not officially union activities. I suppose this is no surprise reported. The member for Archerfield made coming from the current Government, out that this amendment makes changes to because there is a very strong move to the current provisions of the Code. The words deregulate the labour market and to place contained in the amendment are in the current more reliance on the civil and criminal courts to Code. We are not changing any words in this solve industrial disputes. What they need is a section except the penalty. The words already big stick to bludgeon workers and to bludgeon exist, and it is quite untrue to say otherwise. union officials into complying with the wishes "Assault" is defined elsewhere in the Code, of the Government and employers. under section 245. This section is all about This provision represents a 1,900% assaults in interference with freedom of trade increase in the penalties which would or work. otherwise apply under the previous Code. It is Despite the conspiracy theories that might much more than the assault penalties that be suggested by the other side and the would apply, if they were used. It is a classic humbug that I have listened to, the changes case, as someone has already pointed out, of were made to the penalties simply to bring the Government initiating a union-bashing them more into line with assault provisions exercise through use of the Criminal Code. elsewhere, because that is the issue that we The provisions should be opposed by all are concerned about in this particular situation. members of this Parliament who believe in fair I have listened very intently to the comments play, as the present assault provisions in the made, but one cannot get away from the fact Criminal Code are more than adequate to deal that the refusal by the Opposition to support with any situations that arise in these particular this amendment is because of its willingness circumstances. to allow assaults and thuggery to occur in Mr BEANLAND: I was pleased to hear picket lines. That is the issue here and nothing the last member who spoke talk about the else. This provision does not interfere with assault provisions, because what we are doing people's democratic right to do whatever they here is simply increasing the penalties. We are wish to do in picket lines, provided that it is not changing any of the definitions or the within the terms of the law. terminology of this section. I have listened to Mr FOLEY: I reiterate the point I made many members on the other side make out on the previous occasion when this was that we are introducing a new offence or debated, namely, that the Opposition does changing the provision around. The not support assaults in any manner, shape or amendment does not prohibit any person from form, and we have supported in this place exercising a democratic right to join a picket increased penalties for the offence of assault. line. If one had listened to the humbug and However, this provision is objectionable in that the nonsense coming from those opposite, it goes beyond what the Minister said. The one would swear that it did. It never did, and it Minister is apparently under the certainly does not here. misunderstanding that the amendment which We are doing nothing in this amendment he himself is moving simply increases the to change people's rights. The penalty for this penalty. Through you, Mr Chairman, I have to offence was lower than that for common inform the Minister that he has misstated the assault, yet this is an assault with a law and he has misstated the effect of his own circumstance of aggravation. The Opposition's amendment. refusal to support the amendment is again a What this amendment does, as well as clear indication that it is willing to support increase the penalty, is to change the assault and, I suggest, thuggery on the picket character of the offence from a simple offence lines, because that is what this is about: to a crime, that is, from a simple offence into assault on the picket lines. No-one is against the most serious category of indictable people picketing and doing other things that offence, and that is a very dramatic step. I they wish to do. We have heard a lot of point out to the Committee, moreover, that it is humbug in relation to this. We say: you can not one of the recommendations of the hold your picket lines but you cannot assault Government's own Criminal Code Advisory others and in doing so restrict another Working Group, chaired by Mr Peter Connolly, person's right to earn a living. QC. This did not come from the lawyers. This The member for Lytton, who is a solicitor, did not come from public submissions. This would know that the annotations in Carter to came from some behind-the-scenes political which he refers list only officially reported pressure on the Government to use the 798 Criminal Law Amendment Bill 25 Mar 1997

Criminal Code for an industrial purpose. In the An Opposition member: And circumstances, the Opposition will resolutely Christians. oppose this amendment. Mr ARDILL: And singing Christians—in Mr FOURAS: I will take a very small the position of being criminals because they amount of the time of the Committee. I want have obstructed somebody trying to get to add to what the spokesperson for the Labor through a picket line is not fulfilling their duty Party said. The difference in philosophical as a member of Parliament. It is about time terms between Opposition members and some of the members opposite woke up to Government members is that we actually the fact that they are not in here simply to stand for some things but members opposite back what their Ministers are doing, whether it only hate unions. The only common is right or wrong. They should have the philosophical ground members opposite have intestinal fortitude, as we have done on is their hatred for unions. This is nothing more occasions, to get up and say to their leaders, than a union-bashing exercise which members "You are wrong." They are wrong, and it is up opposite believe will earn them kudos in the to members opposite to say so and it is up to community. It is disgraceful to change them to do something about it, and it is something from being a simple offence to a certainly up to the Independent member for criminal offence and claim that that is nothing. Gladstone to do something about this heinous It is just ludicrous. attack on the freedoms of ordinary people in Mr ARDILL: I knew that the Attorney- the community which would turn them from General would do this and I foreshadowed it. I picketers into criminals. do not think I can add a lot to what our Sitting suspended from 1.02 to 2.30 p.m. shadow Minister has said, but quite clearly the Attorney-General is wilfully misleading the Mr PURCELL: I would like to reiterate Committee with the nonsense that he talked. that I did ask the Minister whether he could let As I said in my previous contribution, that us know why he is inserting this clause. I know section on assaults does not change what we and the Chamber knows that the definitions are saying and does not change what the have not been changed but, as the shadow amendment is saying, that is, that this Minister pointed out, the definition of the becomes a crime and therefore wipes people offence has changed from a misdemeanour to out of certain levels of employment. Even old a criminal offence. Joh did not have to use section 346 to stymie Mr Foley: From a simple offence to a the singing Christians when they were in the crime. picket lines. The amendment turns this offence into a crime and imposes a five-year Mr PURCELL: It has changed from a penalty, but it also sneakily makes people simple offence to a crime. I ask the Minister to criminals, not even for physically assaulting explain why that is so, because we feel that someone. As to the word "assault"—I urge there is an ulterior motive for changing it. We members to read the dictionary and read feel that the Government is introducing an section 245 in the Griffith Code. anti-union provision into the Criminal Code. Those kinds of matters should be covered in Mr FitzGerald: No, it's the same the Industrial Relations Act, not in the Criminal definition of assault all the way through. Code. Mr ARDILL: The member for Lockyer Mr LUCAS: I have a question for the has not done that. Section 245 restates what Minister, who claims that he is across his is in the dictionary: that by word or gesture or portfolio very well. I would like him to tell the actually standing in front of a person seeking to get through a picket line, a person may Committee how many times in the last year, in commit assault. Despite what the member for the period that he has been Minister, there have been prosecutions under section 346 of Lockyer and the Attorney-General have said, the Criminal Code. that remains the case. The dictionary says so; Sir Samuel Griffith says so. Again, the Mr BEANLAND: I just reiterate what I Attorney-General has turned a legal matter said before: we are talking about assault into a political matter, just as he has done all situations. I have heard a lot of humbug in an through the debate on this Bill. He has attempt at confusing the issue and a lot of continued to treat it as any backdoor politician politics from the other side. I appreciate where would do, not as an Attorney-General. This is members opposite are coming from. a disgrace. Any Government member who Nevertheless, the situation is that we are puts farmers, environmentalists and ordinary talking about assaults, not something people in the community in the position—— else—not something more or something less. 25 Mar 1997 Criminal Law Amendment Bill 799

I am not aware of how many charges Government's own review, or by the original have been laid under this particular section review into the Criminal Code. The proposed because we are talking about assaults with penalties represent a 1,900% increase in circumstances of aggravation, which are more penalties in this section. I think that speaks for serious than common assaults, which this itself. section covers. It sets it out in some detail. I Mr ARDILL: The Minister has reiterated cannot tell the honourable member exactly his previous statement of what constitutes what the situation is in relation to the number assault. The dictionary is very clear on what of charges that may or may not have been constitutes assault. It is by blocking anyone in laid. I appreciate that generally charges have any way, by gesture, by word, or by standing been laid and I am sure that in the past they in their way. What Sir Samuel Griffith said in have been laid under other sections covering section 245, which we have already passed assaults. That does not mean to say that they over, has not been changed at all by anything might not be laid at some time in the future that the Minister has put in. It reads— under this section which covers assault. "A person who strikes,"— Some members opposite have tried to make out that we have changed the definition we do not support that— and the section around. That is not the case "touches, or moves, or otherwise applies at all. The section remains as it was. In fact, it force of any kind to, the person of does not prohibit any person from exercising another, either directly or indirectly, their democratic right to join a picket line. We without his consent, or with his consent if have done nothing in this provision to change the consent is obtained by fraud, or who peoples' rights. I think it has to be appreciated by any bodily act or gesture attempts or that, in the past, the police themselves would threatens to apply force of any kind to the have prosecuted the offence in the person of another without his consent, Magistrates Court. We would not have any under such circumstances that the person details as to how many of those situations making the attempt or threat has actually there might be. or apparently a present ability to effect his At the end of the day, whether or not purpose, is said to assault that other people are charged under this section, we are person, and the act is called an assault." talking about assaults on members of the That is what Sir Samuel Griffith said. Nowhere public exercising their democratic rights—and I in this Bill does the present Attorney-General have heard a lot about democratic rights. This change what Sir Samuel Griffith defined as provision in no sense prohibits people from assault. It means that if someone acts by joining picket lines or doing anything else, as gesture, by blocking in any way, by speaking has been indicated—far from it in fact. We to a person severely or stopping that person have not changed those sections at all. I by verbal coercion, they are guilty of assault. understand why political comments are being That is what Sir Samuel Griffith said, and the made on this matter; so be it. Minister has not changed that in any way. It I realise that for their own reasons means that if someone on a picket line stands Opposition members must oppose this clause, in the way of another who is trying to scab, to but they are reading too much into it. We are get through—or, in the case of the workers on simply bringing the penalties into line with Keith Williams' project up in Hinchinbrook, other penalties which relate to assaults across trying to drive a bulldozer through them—they the range. To do otherwise would seem to me are guilty of assault. to support assaults and thuggery occurring in This Government is defining a person picket lines. I am sure the Opposition does not who bodily prevents a bulldozer from driving support that, in spite of comments I have onto Keith Williams' property as a criminal and heard from the other side. It seems to me that therefore subject to five years' gaol. Old Sir this is a fairly straightforward exercise and that Sam said three months' maximum. It is a people are trying to read into it and make out misdemeanour. He actually said that it is an of it far more than is actually contained in this offence which, in the dictionary, means a particular clause. misdemeanour. The dictionary definition of an Mr LUCAS: I want to note for the record offence is a breach of law, a misdemeanour; a that the Minister has indicated that he is not crime is an evil act against public welfare or a aware of the number of times there have been grave offence. The Government is defining the prosecutions under this section. I would also average ordinary picket, whether he or she is like to note that it was not called for by the picketing against Keith Williams or Quaid Road Connolly review into the Criminal Code, the or an employer who is trying to reduce 800 Criminal Law Amendment Bill 25 Mar 1997 standards, whether they be safety standards by fear of bodily harm or by means of false or economic standards, as a criminal. If a and fraudulent representations as to the farmer tries to prevent the bank from nature of the act or, in the case of a married occupying another farmer's property to sell it or woman, by impersonating her husband. Labor to get rid of the stock from that property or the put up an amendment to the rape section. At equipment on that property, the Government that time I had some concerns—because of is calling that farmer a criminal. Any picket of advice I had received in relation to the any sort under this legislation, as long as there definition of "consent"—that some is an economic outcome involved, is a complications may have arisen. criminal. That is what the Government is However, also in that amendment was saying. this section that says "or by exercise of This is one of the most disgraceful pieces authority". I believe that this adds an important of legislation that I have seen presented in this element to the definition of "consent". Not only Chamber. It is an utter disgrace in a State in our Australian culture but, more particularly, which claims to be a democratic State, a State in a number of cultures the authority structure which claims to be part of a free world. That within a family can be used in this type of a might sound a little bit extreme, but nothing is relationship, whereby a woman may feel an too extreme for this Attorney-General. He has obligation because of the role of her husband taken over the reins of the Minister for or of the male in the household. I believe that Industrial Relations, who proceeded with this the inclusion of "or by exercise of authority" sort of legislation and has now taken up the gives more clarity to what consent is not. It is cudgels against the ordinary people. my opinion and, I am sure, the opinion of Question—That clause 61, as read, many members here that the more stand part of the Bill—put; and the Committee information and the more protection that we divided— can give to women who are abused in this manner can only further their position. I AYES, 44—Baumann, Beanland, Borbidge, Connor, commend the amendment to the Committee. Cooper, Cunningham, Davidson, Elliott, FitzGerald, Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Mr BEANLAND: The Government will Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, accept the amendment to insert "or by Littleproud, McCauley, Malone, Mitchell, Perrett, exercise of authority" as moved by the Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, member for Gladstone. Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Warwick, Watson, Wilson, Woolmer. Tellers: Mr FOLEY: The Opposition notes that Springborg, Carroll the amendment moved by the member for NOES, 43—Ardill, Barton, Beattie, Bird, Bligh, Gladstone is an amendment which is based Braddy, Bredhauer, Briskey, Campbell, D'Arcy, on part of the amendment that the Opposition De Lacy, Dollin, Edmond, Elder, Foley, Fouras, earlier moved to clause 6 regarding the Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, definition of "consent". This particular McElligott, McGrady, Mackenroth, Milliner, Mulherin, amendment picks up one element which Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, negatives consent where that consent is Robertson, Rose, Schwarten, Smith, Spence, obtained by exercise of authority. Imitation Sullivan J. H., Welford, Wells. Tellers: Livingstone, being the sincerest form of flattery, I thank the Sullivan T. B. honourable member for Gladstone for her Resolved in the affirmative. flattery, if not for her willingness to support the Clause 62— Opposition's earlier definition, which made it plain that the consent had to be free and Mrs CUNNINGHAM (2.46 p.m.): I move voluntary. This amendment moved by the the following amendment— member for Gladstone picks up on part of the "At page 45, after line 23— second section of the definition of "consent" insert— and, as such, naturally enough the Opposition will support it because it is, in effect, giving '(3A) Section 347(1), after 'of any effect to part of what the Opposition sought in kind,'— any event. insert— What it makes clear in the definition of 'or by exercise of authority,'." "rape" in section 347(1) of the Criminal Code is To a great extent I have already spoken that consent is not effective if that consent is to this amendment. The current rape section obtained—in the words of the current deals with a number of matters that are not section—by force, or by means of threats or consent, that is, if it is obtained by force, by intimidation of any kind, or by fear of bodily means of threats or intimidation of any kind, harm, or by means of false and fraudulent 25 Mar 1997 Criminal Law Amendment Bill 801 representations as to the nature of the act, "At page 61, line 25 and page 62, and so on. This includes the provision that lines 1 to 27 and page 63, lines 1 to 4— includes the words "by exercise of authority" omit." as one of the circumstances which negates consent. The effect of this amendment is to It is a modest step in the right direction in remove the special provision concerning graffiti ensuring that the rape laws are reformed in that is urged upon the Committee by the order to give effect to the concerns that Government. It is as well to remind ourselves women have rightly expressed, but it does fall that the scheme of this section is that the short of what Labor urged on the Parliament, offence of wilful damage carries a penalty of namely, that the consent should be free and five years' imprisonment. That is a very voluntary. It is disappointing that, after so significant penalty in anyone's language. many years of effort and energy given to the When one looks at the Criminal Code, one process of criminal law reform, the women of sees provision for punishment in special this State have to endure a retrograde step in cases. Provision is made for destroying or the legislation which the Government has damaging an inhabited house or vessel; placed before the Chamber. In Labor's 1995 provision is made for destroying a sea-bank or Criminal Code, the definition of "consent" seawall, navigation works or bridges, and so appeared in accordance with the terms that I on. earlier moved in relation to clause 6 of this Bill. What the Government is urging upon this That reflected a long and detailed period of Committee is that the general penalty for wilful consultation. It reflected the concerns damage, namely, five years' imprisonment, is expressed by women's groups. It is a great not sufficient to deal with the offence of graffiti. shame that this Government's ears have been That is a nonsense. It is an attempt by the deaf to the concerns expressed by women's Government to be seen to be doing groups. something in relation to a matter on which the It is welcome that the Government has community is justly concerned, namely, the now conceded on the floor of the Chamber to problem of graffiti. However, this provision is accept part of the amendment moved by over the top. Seven years for graffiti is an over- Labor, appearing as it does in the words of the the-top reaction by a Government desperate member for Gladstone. However, this to beat the law and order drum. It is a curious Government will not be able to evade reflection of this Government's sense of responsibility when those concerned with priorities that the penalty that it urges for justice for women and, in particular, those graffiti, seven years' imprisonment, is exactly women concerned with the proper the same penalty that it wanted to leave in administration of the criminal law come to place for bribing a Cabinet Minister. consider what they have gained and what they Fortunately, as a result of the actions of the have lost in terms of reform of the criminal law. Labor Opposition, the Government has been This is a stark example that, under Labor, a shamed out of its desire to leave the penalty proper definition of "consent" was enshrined in for bribing a Cabinet Minister at seven years legislation. Under Labor, efforts were made to and forced on the floor of this Chamber to respond to legitimate concerns expressed by agree to its increase to 14 years. women to reform the rape laws. Sadly, under The time has come to make a stand the coalition Government, the clock has been against the absurd Dutch auction that occurs turned back and the concerns expressed by among some politicians in relation to those women's groups have regrettably fallen increased penalties. It is about time that we on deaf ears. The Opposition will support this came clean with the people of Queensland amendment, reflecting as it does part of our and acknowledge that we must attack the earlier amendment before the Committee. causes of crime and confront those causes. In However, in doing so, the Opposition notes particular, we must attack issues of youth that it falls short of the proper definition of unemployment and poverty that lie behind so "consent" to which those concerned with much crime. It is doubly disturbing that the justice should aspire. Government has embarked on this course of Amendment agreed to. seeking to increase the penalty for graffiti to Clause 62, as amended, agreed to. seven years when one looks at the spectacular cuts to labour market programs Clauses 63 to 86, as read, agreed to. and the total abolition of the youth Clause 87— employment service under this Government. Mr FOLEY (2.55 p.m.): I move the Instead of a Government attacking the causes following amendment— of crime, we see a Government withdrawing 802 Criminal Law Amendment Bill 25 Mar 1997 services to those most in need, namely, the to use the big stick of maximum penalties to long-term unemployed and the youth be seen to be doing something without, in unemployed. fact, addressing the issues that confront our It would do this Government well to go society. Labor urges this Chamber to support out and look at some of the initiatives started the amendment it has moved and to introduce under Labor to combat the graffiti problem, some commonsense and rationality into the such as the initiative at Inala and the work debate about juvenile offending and graffiti in done by bodies such as Grafton Arts, the particular. community arts centre in Cairns, which works Ms BLIGH: I rise to support the with young people and addresses the problem amendment before the Chamber. I do so of graffiti in the Cairns area in a positive way. because it will have the effect of removing We need to ensure that we address these what is a manifest absurdity from the Criminal issues positively rather than simply going down Code of this State. The proposed clause, if it is the path of increasing penalties willy-nilly. passed by this Chamber, will have a number of effects. Firstly, it will have the effect of The amendment moved by the making an absolute mockery of the law and Opposition preserves the power that is set out call the criminal justice system into disrepute. in the Government's clause to order an Secondly, it will lead to increased tension offender to perform community service between young people and the police and including, for example, removing graffiti from thus an increase in the rate of juvenile property and to order the offender to pay detention. Thirdly, it will send a very sad and compensation to any person under the sorry message to young people about their Penalties and Sentences Act. Those are value in our community, and I will talk about sensible provisions—indeed, they were that a bit more later on. Despite all of those provisions foreshadowed by Labor when in undesirable effects, the proposed clause will Government—and they are appropriate to have little or no effect on the actual incidence include in this section. But must we isolate this of graffiti. offence and put it in a category more serious than all sorts of other wilful damage? Before I outline some of my concerns about the clause as it stands and my support In the course of debate it has been urged for this amendment, I would like to join with on the Parliament that there is an the shadow Attorney-General and expose the inconsistency in the Labor Opposition sleazy dishonesty with which the Attorney- opposing this clause because, under Labor's General dealt with this issue in his reply. The 1995 Criminal Code in the offence of unlawful Attorney-General attempted to claim that damage, which appeared at section 190 of Labor's 1995 Code contained a seven-year that Code, there was a penalty provided of penalty for graffiti via proposed changes to the seven years' imprisonment for unlawful wilful damage provisions. The Attorney- damage. But that was the penalty covering all General's comments either deliberately distort sorts of unlawful damage. That offence the facts or completely miss the point. The included very serious damage to a wide range very point of Labor's 1995 Code was to keep of property causing a great deal of monetary the offence of graffiti in some perspective and loss and a great deal of inconvenience. In to bring some balanced view to the contrast, this clause that is urged by the assessment of how serious is the offence of Government puts in place a regime where the graffiti and how it can be treated in maximum penalty generally for wilful damage comparison with other comparable property is retained at five years but in the special case offences. of graffiti, it can go up to seven years if the offence involves obscene or indecent The point of locating graffiti within the representations or where the property in category of wilful damage is to ensure that it is question is part of a school, education centre, seen at the lower end of a continuum of college, university or other educational damage and vandalism—a continuum that institution. includes in its most serious form offences which may and can sometimes endanger This is not good law; it is not good reform. lives. That was the very point of locating graffiti It is not part of a systematic attack upon the within a class of wilful damage offences—to causes of crime. It is not part of a genuine protect it from penalties in the five to seven- response by our community to the problems year range. Drawing this provision outside that and needs of young people. It does not class of offences, outside a comparable constitute part of a strategy to deter would-be continuum of offences, but leaving the same offenders from engaging in this irresponsible penalty range intact not only is unfair but also and unfortunate behaviour. It simply attempts has resulted in an absolutely patent absurdity. 25 Mar 1997 Criminal Law Amendment Bill 803

As the shadow Attorney-General has system in which they can be sentenced to outlined, there are very many ways in which seven years for writing on a school building but the Government could be addressing the their parents can be sentenced to only five incidence of graffiti in our community. The way years for starving or deserting them? How can that has been proposed by the Attorney- we expect the goodwill of the public, which is General will have little or no effect on the increasingly disenchanted with politicians of all incidence of graffiti. I draw the Attorney- political backgrounds, when we state through General's attention to a promise of the the Criminal Code that graffiti is a more serious coalition during the 1995 election campaign. It offence and a serious threat to the wellbeing is fair to say that it promised to strengthen the of our community than assault upon a person laws to protect our community from destructive for which only a three-year penalty is proposed acts of graffiti and vandalism. There was no or for serious assault for which a seven-year promise in that election policy to provide penalty is imposed, and all simply for the sake penalties of this extremity. However, there was of political expediency? a promise to trial local government street art projects where graffiti artists could exhibit their If members are unable to answer those skills as a further means of reducing this question satisfactorily—and I challenge any of vandalism. I trust that the Attorney-General will them to answer those questions satisfactorily be discussing this matter with the Minister for because I have searched and cannot find a Local Government and that we will see the satisfactory answer to any of those speedy implementation of that promise as we questions—then in my view they have no did the promise in relation to the investigation choice other than to support the amendment. of the CJC. Failure to do so will result in a nonsense in the Bill. The Criminal Code is one of the most important pieces of legislation that this Throughout my speech in the second- Parliament can consider. It establishes the reading debate, the Minister for Police rules of life in our community and the penalties persistently interjected, stating that the clause which are deemed collectively to be on graffiti showed the difference between the appropriate for breaching those rules. It is Labor Party and those opposite. The Minister imperative that the Code be a balanced for Police is not someone whom I generally document that reflects the views and values of regard as being particularly perceptive, but on the community and that it serves and respects this matter he hit the nail on the head. In line the individuals in that community. with the views of most Queenslanders, we on If we become obsessed with narrow views this side of the Chamber believe that crimes in our consideration of these matters, we run against the person are indeed more serious the risk of losing that balance. I believe that in and pose a greater threat to our quality of life this clause we have lost that balance and that than crimes against property. Further, we the inclusion of that clause in the Bill will believe that our Criminal Code should reflect unbalance and unhinge the entire Code. The that dichotomy. legal effect of accepting the amendment is The Attorney-General has fallen into the that the offence of graffiti will continue to be trap of exploiting community fears and an considered and penalised under the wilful unacceptable rising tide of hostility against damage provision of the Criminal Code, which young people in our community. In the attracts a maximum penalty of five years, but overwhelming majority of cases, graffiti is an where it can be considered by the courts in offence committed by the young. For many, it some balanced perspective. The amendment is the only offence they will ever commit and it continues to provide penalties that include the is an offence which is characterised by an anti- cleaning up of graffiti and possible authoritarian attitude. With youth compensation where appropriate for damage unemployment at an immorally high level and bills. one of the highest youth suicides rates in the When honourable members determine world, it is not surprising that some of their position on this amendment, I urge them Queensland's young people are disillusioned to consider the following questions: how can by authority and the system and that these we hold up our heads as rational, balanced, attitudes sometimes find their expression in intelligent law-makers if we put forward a illegal activity. For the Attorney-General to use Criminal Code which imposes a greater his office in a manner which will further penalty for graffiti than it does for abduction? demonise alienated young people is How can we expect our young people to absolutely reprehensible. The silence of the understand and respect a criminal justice Minister for Youth is equally reprehensible. 804 Criminal Law Amendment Bill 25 Mar 1997

The shadow Attorney-General is to be imposed a penalty of seven years, that is, for congratulated on having the courage to stand damage to property worth less than $12,525. against the rising tide of law and order hysteria At the last State election, the Labor Party in this State and for resisting the temptation to went around breast-beating about how to make our young people the scapegoats for tackle the problem of graffiti. Of course, Labor broad social problems by bringing forward this members said what great fellows they were amendment. I urge members to see the good and how they were going to tackle the sense of this amendment; it will save us all problem. However, under their proposals from inevitable public ridicule. It will ensure that shopkeepers would have been penalised if reasonable penalties are available to deal with they sold spray cans to 15-year-olds and 16- what is a minor offence and it will restore some year-olds. They could not even keep 15-year- balance to the Criminal Code, which is a vital olds and 16-year-olds out of clubs, so how plank in our criminal justice system. would the Labor Party have stopped them Mr BEANLAND: When Labor cranked from buying spray cans? That is a lot of up the penalty for wilful damage against nonsense. property to 14 years, I did not hear a word The coalition Government is sending a from the member for South Brisbane. The very clear message to would-be offenders. 1995 Criminal Code states that the penalty is This is not a political stunt such as the Labor 14 years if— Party in Government pulled. The coalition "(i) the damage is caused by fire or an Government is getting on with the job of explosive or noxious substance; or rectifying the situation. (ii) the property has a value of at least One member mentioned that the penalty 167 penalty units." for wilful damage to educational institutions will be seven years' imprisonment. That does not This afternoon, the member for South relate to graffiti. The maximum penalty for Brisbane carried on with a whole lot of graffiti, regardless of where it occurs, is five humbug and hypocrisy. It is no wonder that years' imprisonment. If the graffiti is obscene Labor's "return to honest Government in or an indecent representation, then the Queensland" was thrown out so quickly. Let us maximum penalty is seven years. There have look at what the Labor Government was been cases where swastikas, other Nazi proposing. I do not walk away from what the paraphernalia and indecent and obscene coalition is proposing. We have said it up front. representations have been made on graves, Ms Bligh interjected. buildings and so on and such cases will attract the stronger penalty. Whereas Labor imposed Mr BEANLAND: The member has had a maximum of 14 years' imprisonment, our her go. The Labor Party made a mess of it, so penalty is a maximum of seven years' the member should just sit there. imprisonment, or five years' imprisonment if Under this section of the Criminal Code, the graffiti is not an obscene or indecent Labor imposed a maximum penalty of 14 representation. I wish to stress that. years for unlawful, wilful damage if the I am pleased to see that the police are, property—and I emphasise "property"—has a as always, on the job in the fight against value of 167 penalty units. So much for the graffiti. A recent program aimed at reducing humbug opposite! That comes to something graffiti picked up some 52 persons for a total like $12,525. Those are the facts of life. The of over 1,700 graffiti offences. Those cases coalition has certainly spelt out the offence of are now before the courts and restitution of graffiti in a separate section, but nevertheless over $200,000 is being asked for. Graffiti is it was covered under unlawful damage in indeed a problem and the police are Labor's Code where it received a maximum endeavouring to do their job. I am sure that penalty of up to 14 years' imprisonment for the public at large wants to see the damage to property. The member opposite Government supporting this process so that can use all the comparisons that she likes, but we can apprehend—— whether the damage to the property is done Mr Johnson: They certainly do. by graffiti or some other type of wilful damage, if the damage amounts to $250,000 the cost Mr BEANLAND: I thank the member for must be borne by the community. If the Gregory for his interjection. The public wants to damage comes to $20,000, the cost must be see the Government apprehending and borne by the community. Very simply, I have discouraging this type of activity. heard a lot of humbug this afternoon. Of Members opposite have spoken about course, for minor offences Labor's Code ways of preventing graffiti from occurring. 25 Mar 1997 Criminal Law Amendment Bill 805

While this legislation is not about prevention, I The Leader of the Opposition is saying that will say that I have had discussions with the the penalty is at least seven years. In fact, in Local Government Association and with some many cases the maximum penalty could have local governments themselves about been 14 years. That was Labor's maximum implementing programs to ensure that there penalty—nothing more and nothing less. are other outlets for graffiti vandals. I call them Mr ARDILL: This provision exemplifies vandals, although they call themselves graffiti further the supreme cynicism of this political artists. We want to set up places where these Attorney-General. Clearly, his comments about young people can display their graffiti; it can there being a maximum penalty of 14 years be removed and then others can display their applied to wilful damage to property. It would graffiti. Some councils provide such places. I be up to a magistrate or a judge to decide am looking forward to a larger number of upon the degree of damage and therefore the councils joining in that program over the penalty imposed. In this case, the Attorney coming months, because I believe that every has spelled out graffiti as being an offence program that assists in deterring offenders by worthy of a penalty of five or seven years. providing other outlets for them is a step forward. The Attorney did not take the trouble to change section 477, which speaks about Let it be made quite clear that, at the end causing a vehicle upon a railway line to be of the day, it does not matter how the damage obstructed. In my local area, sleepers were is done. If it is done, it has to be rectified and placed across the railway line on a section of paid for by the community as a whole. This track beside which the walls had been legislation is about providing a deterrent and graffitied. Nowhere in this Bill is the penalty for our deterrent is a great deal less than was such an offence—two years' imprisonment— proposed by the Labor Party, despite all its changed. Offenders who place sleepers protests. Members opposite do not have to across the railway lines at Altandi Station will take my word for it: they can look at their 1995 get two years, but offenders who draw graffiti Code to see exactly what it means. on a wall will get a five-year maximum penalty. This clause provides very important What sort of inconsequential Bill is the Attorney-General putting before us? evidence of the Government's commitment to ensuring that we send a very clear message to I believe graffiti should be discouraged people who commit this sort of damage and and that it should attract a severe penalty. destruction in the community. There is nothing However, I do not believe that the Chamber worse than to travel around the suburbs and should divide on this provision—and I do not city streets of Brisbane and the provincial know whether it will—because no judge or areas and to see this type of damage magistrate will hand down a penalty of five or displayed. Recently, I read an article about the seven years. Let us be sensible about it and problem in New York; there has also been a admit that the Attorney-General is just blowing television program on the subject. It is claimed in the wind. He knows very well that nobody that by starting with what some people call will send a youthful offender to gaol for five or minor offences, but which in fact are quite seven years for graffiti offences. This provision serious offences, there is a great cost to the is making a joke of the situation. community. The claim is also made that, if the What we should be doing is taking a community has a well-kept look about it, then number of steps to prevent graffiti. Nobody it is less likely that criminal offences will occur could be more opposed to graffiti than I am in within that community. I believe that this circumstances where it is an extreme legislation will go some way to providing nuisance. For instance, I refer to graffiti inside deterrents which, in conjunction with other railway vehicles, as we see in other States. We measures which we will implement, will prevent do not have that problem to the extent that it the problem from occurring in the first is evident in other States. Graffiti has been instance. drawn on some of the coal wagons that pass In relation to Labor's Criminal Code, Mr through Brisbane, and that probably improves Beattie has said— the look of those wagons. However, when offenders destroy the internal fittings of "Under our Criminal Code, anyone passenger carriages, something should be involved in wilful damage, which includes done about it. graffiti—that is where it would have been The problem can be tackled in a number under our Code—would have been liable of ways. First, all spray-paint cans should be for a penalty of up to seven years as displayed securely when on sale. At present, well." stores display walls of spray-paint cans, 806 Criminal Law Amendment Bill 25 Mar 1997 providing offenders a ready opportunity for of the member for Indooroopilly, but it is not theft. Second, something similar to a poisons worthy of an Attorney-General. register should be kept so that anyone buying Mr WELLS: The Honourable the spray-paint cans has to sign a book and, in Attorney-General did not tell us the whole truth some cases, provide identification. Third, in talking about the proposed reforms of 1995 those people found guilty of committing graffiti when he said that there was seven years for offences should be forced to clean it up. If graffiti. That was not the proposal at all. The they do not clean it up, imprisonment should proposal was that there would be seven years be imposed, and that certainly would not be for major offences against property, such as five or seven years. Fourth, walls could be trashing a school or burning down a school. provided on which graffiti artists can practise He read out a section which referred to the their art, and anyone who is—— fact that, if fire was involved, there was a Mr Carroll: Why encourage it? circumstance of aggravation. That is what it was directed to. In the debate at the time it Mr ARDILL: It is about encouraging was made very clear that this is the sort of artwork. There must be some strange schools penalty that would be appropriate in respect of in the Mansfield electorate, because a number somebody burning down a school. of schools in my area—— This is all a bit rich coming from an Mr Lingard: What about the side of Attorney-General who has come to this your old Holden? They could do graffiti on the Chamber after having deleted from the side of that. reforms of 1995 the provisions in respect of Mr ARDILL: That was done on a organised crime. As a result of his changes to number of occasions during election the existing law of this State, somebody who campaigns. runs errands for the Mafia or the Yakuza is going to get off with one or two years in Mr Lingard: Did you like it? gaol—perhaps even less or maybe even a rap Mr ARDILL: No, I did not, but I did not over the knuckles—and yet somebody who come in here and complain about it. However, writes on a wall will be punished by up to I did complain when some Liberal supporters seven years' imprisonment. That shows the in the electorate set fire to it during an election priorities of this man and this Government. campaign. On one election day, I complained That shows the willingness to vilify and when I got into my car, attempted to start it, alienate the younger generation. realised something was wrong and discovered The Attorney is seeking to turn the that the bolts on the springs had been younger generation into scapegoats in order undone. I certainly complained about that! to beat some sort of law and order drum, That was done by some of the honourable instead of attacking the people he really ought member's supporters. to be attacking—organised criminals. This is a Government members interjected. moment of shame for this Parliament, because the Attorney is not bringing in any Mr ARDILL: I do not usually allow provisions in relation to organised crime. That honourable members to get me off the track he is trying to cover up the fact that he is like that. Mr Chairman, I apologise. unwilling or lacking in the determination to The CHAIRMAN: Order! We are tackle organised crime by vilifying and enjoying the member's contribution. I would marginalising the younger generation and like to hear it uninterrupted. turning them into scapegoats is to his eternal discredit. Mr ARDILL: As I said, we can also provide somewhere for talented graffiti artists Mr Lingard: What do you think those to practise their art. However, anyone unable people who wrote on Lennie's car should have to meet certain criteria should be prohibited got? and dealt with: first, by being forced to clean Mr WELLS: That would be a matter for up his mess; and, second, if that is not the discretion of the judge. I do not think they complied with, more extreme penalties can be should have got more than an organised imposed. However, it is pointless to include in criminal. These are the priorities that this the Bill a five or seven-year penalty for Government is determining. It is determining someone writing on a wall. The Attorney- that organised criminals will get off more lightly General knows just as well as I and everyone than people who merely write on walls. The else in this Chamber knows that the offenders moving finger writes and, having writ, moves will not be given that penalty. This is cynicism on. It is time that this Attorney-General moved of the highest order and it is very much worthy on. 25 Mar 1997 Criminal Law Amendment Bill 807

Ms BLIGH: The only justification that for property damage over $12,500. This is not has so far been put forward by the Attorney- something that I have made up; it is in Labor's General for the proposal that is contained in Code under unlawful damage to property. the Code in relation to graffiti is his desire and That Code spells it out very clearly, so there is the desire of his Government to send, in his no walking away from it. All the humbug in the words, a message to people who graffiti world will not change what Labor put in its walls—a message that it is no longer 1995 Code. acceptable. In his view it has to be a strong message, a powerful message, and indeed it The member for Archerfield really is a powerful message. Indeed, he is saying to answered some of his own questions about those people, "We view this with such the penalties involving various types of seriousness that we will impose a penalty of offences. Of course it is at the discretion of the five or seven years for it." What he has failed courts, as the member indicated. But as I to answer is the questions that I asked earlier have indicated to the member for Archerfield, this afternoon, and what I am still mystified by it depends upon the amount of damage done is why he does not want to send a similarly by graffiti. Whether the damage is done by strong message to those people in the graffiti, by other types of vandalism or by community who abduct people, to those in the arson—no matter how it is done—if the cost at community who starve their children, to those the end of the day amounts to some hundreds of thousands of dollars, then it does who desert their children, to those who assault not matter how the damage was done; the other people or to those who, as the member community has to pick up the bill, and the for Archerfield pointed out, place sleepers on penalty has to reflect the amount of damage railway lines. If this Code is about sending a caused. That is the whole point of this: the powerful message to those people who are on penalty is to relate to the amount of damage. about destroying the quality of life of those of An enormous amount of damage is done in us who live in peaceful order, why does the Attorney not want to send a similarly strong the community by individuals who engage in and powerful message to each of those graffiti. people that I have outlined? The member for South Brisbane I want to take up the point that was raised obviously was not listening to some of the earlier in the debate that we need not worry points that I made before. I indicated just then too much about this clause because no judge to the member for Archerfield and I indicated will implement the sentence; it is so ridiculous. previously the cost to the community of In general terms I concur that not even the property damage. I have noted that when judiciary of this or any other State is as far to Labor members try to put a weak argument the right as the Government opposite, but I they like to compare the penalties for various was very saddened and distressed to see the offences. They are welcome to do that. As I actions of a magistrate in Cairns last week who have indicated already, they should look at imposed an outrageous sentence on a their own Code, which provides 14 years for homeless person who had done nothing more wilful damage. I am not trying to walk away than beg for a cigarette. In my view, if there from this, but members opposite should not are members of the judiciary who are prepared make out that their penalties were so much to impose that sentence in the circumstances lighter or so much different. In fact, they were outlined in the media of that case, then it is harsher—whether members opposite like it or very important that we are very clear in the not. Code that we provide to judges, and we need I am very pleased that this clause is to be absolutely certain that there is no included in the Bill. It spells out the matter very suggestion that that is an option. If it is not the clearly. At the end of the day the cost is one view of this Parliament that such a sentence which has to be borne by the community at should be imposed, it should not be contained large—it is one which we all have to in the Code. This is a patent absurdity and a share—and therefore the law addresses such nonsense, and the persistence of the offences as this. People should not go around Attorney-General in this matter will bring him damaging property, no matter how the undying shame. damage is carried out or what items are Mr BEANLAND: I listened to what the damaged. We are talking here about damage member for Murrumba said. Quite clearly, he to property, no matter how that damage is does not understand his own 1995 Code. I carried out. This legislation provides that the suggest that he refers to it and refreshes his courts may in the first instance ask people to memory. It was quite clear about the 14 years, clean up the mess that they make—"You as I indicated. That is the penalty it provided make the mess, you clean up the mess"—but 808 Criminal Law Amendment Bill 25 Mar 1997 of course there must be a range of penalties Who is in this Attorney-General's sights? to be imposed at the discretion of the courts, The younger generation. Who is in this and that is exactly what we have provided. I Attorney-General's sights? The wayward believe that these penalties are appropriate. children of this society. Who is in this Attorney- They are lighter than the penalties provided General's sights? The neglected and under the Labor Code, so I do not know why misbehaving younger members of this social members opposite are running away from system. What is he going to do about it? He is them now. They were not running away from going to put them in gaol for seven years. them at the last election; they went out there Seven years for graffiti; nothing for organised and proudly boasted about them, but crime. That is the tariff that this Attorney- suddenly they are running away from them General is introducing. That is sort of tariff that now. The relevant sections under Labor's this Government is introducing: vilifying, 1995 Code are quite clear. I invite members marginalising and punishing the younger opposite to have a look at those sections generation and letting organised criminals off some time to refresh their memories, which scot-free, or at least with no more serious have obviously faded in relation to this matter. penalty than was visited on them in the past, while organised crime is flourishing. Mr WELLS: The Honourable Attorney- General referred to me with words as kind as The Honourable the Attorney-General "humbug" and "does not remember what is in mentioned a figure of $12,000. One would the 1995 Code". I remember extremely well have to write for a long time to do $12,000 that there were those circumstances of worth of damage. The Honourable the aggravation that the Honourable the Attorney- Attorney-General can stand up in this General referred to—the use of fire or if the Chamber and talk for hours, and whatever Hansard writes would not do $12,000 worth of damage is to property, and he mentioned the damage. The priorities of this Attorney-General figure of $12,000, and that would be about are absolutely wrong. Instead of blithely the correct representation of the penalty points accusing people on this side of not provided. Of course there were the understanding the 1995 Criminal Code, he circumstances of aggravation. That has should stand in this Chamber and explain why nothing to do with the point that we are he is not introducing any penalty for organised making. There was not a provision in the 1995 crime. This Attorney-General, who was Criminal Code of seven years for mere graffiti. accusing other people of not understanding That provision was there as a maximum the Criminal Code, has no comprehension of penalty available for the most serious kinds of the legal system that he is in the process of wilful damage to property, and the most reforming at all. He walks with the assurance serious kinds of wilful damage to property are of a sleepwalker through the avenues of the burning down schools or trashing schools. It law and does not have the faintest idea of was for that very reason that there was the what is going on in front of his nose. He circumstance of aggravation, which even he should not be throwing around those sorts of mentioned, namely, that if fire was used then insinuations. What the Attorney-General ought the penalty would be greater. to do and what he owes the people of this State is to stand up in this Chamber and What we have here is an Attorney- explain why he is letting organised criminals off General who blithely stands up and accuses with impunity. Why is he turning the younger other people of not understanding the Criminal generation into scapegoats while organised Code when he does not even understand the criminals run rampant? point at issue. What he is alleging is that we had a penalty of seven years for graffiti. We Mr BEANLAND: Very briefly, the did not. We had a penalty of much more than member for Murrumba cannot simply get out that for organised crime. It behoves the of it and explain it away that easily. The clause honourable gentleman opposite, as it behoves is quite clear. The facts are that the maximum every member of this Parliament, to reflect on penalty is 14 years for property of that value. It the fact that there is no penalty for organised talks about property; it does not talk about crime whatsoever in this Criminal Code damage. I suggest, as I said before, that the because organised criminals are not in this member for Murrumba does not even know what he brought into the Chamber. He likes to Attorney-General's sights. The criminal throw around big words and tries to belittle underworld is not in this Attorney-General's people, yet he is the laughing-stock sights. The people who are doing the most throughout the length and breadth of the serious damage to this society are not in this State and the public out there and the legal Attorney-General's sights. profession know it. Of course, he mentioned 25 Mar 1997 Criminal Law Amendment Bill 809 organised crime. That does not relate to this respect to graffiti, but is doing absolutely clause but quite clearly—— nothing whatsoever about organised crime. He Mr WELLS: I find those remarks needs to answer that question. He needs to offensive. I ask that they be withdrawn. explain why his Government is soft on organised crime. All the toing-and-froing Mr BEANLAND: He likes to hand it out across this Chamber about seven years and but he cannot cop it. I will withdraw it. 14 years and so forth is not going to get him Mr WELLS: I ask that both of those anywhere until he tells the people of remarks be withdrawn. Queensland why he is soft on organised crime Mr BEANLAND: I will withdraw. and why he is substituting a proper and effective provision that would actually combat I find the member for Murrumba very organised crime with a provision which is interesting. I can see now that we have got to based on the politics of hatred, the weak side of it—the backbone of it. The marginalisation, and vilification. record of his 1995 Code speaks for itself. The section refers to property; it does not refer to Question—That the words proposed to damage. That has been accepted, of course, be omitted stand part of the clause—put; and by his own leader. No amount of weaseling the Committee divided— around by the member will save him. I am AYES, 44—Baumann, Beanland, Borbidge, Connor, quite prepared to stand here and indicate Cooper, Cunningham, Davidson, Elliott, FitzGerald, what our position is and what our provisions Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, are, as I have done. It was the Opposition that Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, provided for a maximum penalty that was Littleproud, McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, double ours—seven years, but 14 years if the Slack, Stephan, Stoneman, Tanti, Turner, Veivers, damage was done to property worth more Warwick, Watson, Wilson, Woolmer. Tellers: than $12,500. To use the Opposition's words, Springborg, Carroll if the property had a value of at least 167 NOES, 43—Ardill, Barton, Beattie, Bird, Bligh, penalty units, which is more than $12,500, the Braddy, Bredhauer, Briskey, Campbell, D'Arcy, penalty for offences against property of more De Lacy, Dollin, Edmond, Elder, Foley, Fouras, than that value—the maximum penalty— Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, would have been 14 years. McElligott, McGrady, Mackenroth, Milliner, Mulherin, It is quite clear, and no amount of Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, wriggling about by the ALP will change that. I Robertson, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. Tellers: Livingstone, am quite happy because it shows again, of Sullivan T. B. course, that the Labor Party has one position today and that it will flip-flop to another Resolved in the affirmative. position tomorrow. Mr Beattie, its leader and Clause 87, as read, agreed to. the member for Brisbane Central, indicated in Clauses 88 to 105, as read, agreed to. this Chamber a few days ago that in fact the Opposition had a section in relation to wilful Clause 106— damage that covered graffiti. He said the Mr FOLEY (3.50 p.m.): The Opposition penalty for graffiti was seven years. At least will oppose this clause. What this clause does the Leader of the Opposition admitted the is to remove the existing section 590 of the truth of part of this. Criminal Code and replace it with a provision Mr WELLS: I was able to catch several which imposes a duty on a prosecutor to of the trivial little insults that were offered by present an indictment within a six-month the Honourable the Attorney-General. I did not period after the committal of a person for trial. catch them all. I draw to the attention of the The existing provision titled "Right to be Tried" Committee that the Attorney-General aspires enables a person committed for trial before to be seen as a wit and that he has already any court for an indictable offence to apply at achieved half of his ambition. any time during any sittings of the court held The CHAIRMAN: Order! I think we will after the person's committal to be brought to stick to the clause from now on. trial. This is an important right. Mr WELLS: We are right on the clause. The CHAIRMAN: Order! The Minister I ask honourable members to note that in all for Natural Resources is not attired correctly. the remarks that the Minister has made and, Mr FOLEY: I appeal to the Minister for despite repeated kind invitations from myself, support on this because, as a man accused of the Honourable the Attorney-General has not even a minor offence, I am sure that he would explained why he is upping the penalty with appreciate the rights of persons accused. 810 Criminal Law Amendment Bill 25 Mar 1997

Honourable members: Seven years. indictment that I have heard in many years of Mr FOLEY: Seven years! the administration of criminal justice, indicating the judge's concern that it was falling into The CHAIRMAN: Order! The member chaos because of lengthy delays threatening for Cairns is not appropriately attired. public confidence in the administration of Mr FOLEY: He apparently lost it in justice. What that means is that the cyclone Justin. Government of the day should be concerned Mr Stoneman: He is so rarely here, he with providing adequate resources to the doesn't remember. prosecution service and providing adequate numbers of judges to ensure that cases can Mr FOLEY: I can understand that be brought on properly. Indeed, it also means excuse for the member for Cairns, but nothing that adequate resources should be provided would excuse the member for Burdekin. to the defence to ensure that the accused Mr Stoneman: You wouldn't, anyway. person has a fair trial. The legal aid coffers Mr FOLEY: At least I would want to give have been subject to enormous pressure by the member the right to a quick and speedy the desire on the part of the Commonwealth trial. That is really the opposition to this clause. Attorney-General to strip away millions of I know that the honourable member for dollars from this State's entitlement to legal Burdekin is enormously impressed with the aid—an entitlement arrived at after an dignity and worth of the opinion of lawyers, so agreement between State and Federal Labor I will quote to him and to other members of Attorneys-General. the Committee what the Queensland Law In short, this replaces a right to be tried Society had to say in its letter to the Attorney- with a six-month period in which the prosecutor General dated 4 March in relation to this may present an indictment. It is entrenching clause. It stated— delay in the criminal justice system, and I urge "The operation of the proposed new all honourable members to oppose it. S.590 will result in accused persons Mr BEANLAND: The Government does (including those held without bail) losing not accept the amendment from the any right to have their trials disposed of in Opposition. However, in doing so, there are a a timely manner. Persons may be few points that I want to make. Firstly, in no imprisoned without trial for six months at a way is this deemed to slow down the time and not know what indictment may process—far from it. Currently, the Director of ultimately be presented against them. Public Prosecutions is not locked into any time Even after release due to the expiry of limit at all. We are hoping that this will speed the time limited in the section, they would up the processes of justice. remain at jeopardy of fresh proceedings by ex-officio indictment. The proposed In fact, a committee met under the former section should not be enacted." Government. It was a committee set up by the Honourable members should adhere to former Director-General of the Department of the view that justice delayed is justice denied. Justice. The committee, which comprised a This provision ensures that there is some spur range of people, including a person who is in the criminal justice process that can be now on the Bench, produced a report. It came applied by a person who is languishing while up with a number of recommendations, and awaiting trial. It is not a provision which is this was one of those particular commonly used, but what we are seeing here recommendations which was designed to put is a retreat from a person's right to a speedy some pressure on the Director of Public trial. One might ask why this Government has Prosecutions and speed up the issue of been moved to change the existing section having trials heard. 590 and to dilute the right to a speedy trial—or It is not a case of slowing down the at least the right to apply for a trial. The process. I am looking forward to this as answer is quite simple: because the possibly speeding up the processes. At the Government finds it more expedient to change moment, as I have indicated, there is no the law rather than provide the necessary requirement within the legislation for the resources to bring cases before the courts for Director of Public Prosecutions to be required trial. to bring on a case. In fact, as all members I am reinforced in that view by none other would be aware, delays occur for a host of than a Justice of the Supreme Court of reasons. However, it is believed that this Queensland, Justice Demack, who, sitting in particular section will speed up the processes Rockhampton recently, gave the most stinging generally. 25 Mar 1997 Criminal Law Amendment Bill 811

I can give great detail about this. When within six months. Indeed, even after that six looking at this section of the Code, a great months has expired, the consequences of the deal of time was spent by that committee in prosecutor failing to present the indictment are looking at the presentation of indictments. The not necessarily automatic. committee was set up by the former It is provided for in new section 590(4)— Government's director-general. It was nothing to do with me. The committee produced this "If an indictment is not presented report, which seems to me to have some before the expiry of the period or any merit—politics aside. I listened carefully to extension of the period, the person is what the member for Yeronga said in relation entitled to be discharged from the to it. However, I point out that there is nothing consequences of his or her committal." in here to slow down or deny anybody his or However, that provision really has to be read in her day in court—far from it. We believe that, the light of section 590(2), which provides that at the end of the day, this will focus and a prosecutor may apply to the court at any concentrate more effort and resources within time before or after the expiry of the period for the Director of Public Prosecutions office on an extension of time. In other words, even getting these cases brought to trial. That is after the six months has elapsed, the exactly what we are about, that is, speeding prosecutor may apply to the court for an up the court processes, not delaying them. extension of time within which to present an As for comments made by the good indictment. Honourable members should keep Justice in Rockhampton—I will take them up in mind that the presentation of an indictment later when discussing other amendments in is not a trial; it is simply an outline of the relation to which he made those comments. charges that a person will have to meet at trial. They relate to another matter which will be This is really an objectionable provision. It covered by a later clause. Having said that, I is contrary to the interests of justice, and it is am not convinced at this moment that this is contrary to the right of accused persons to going to slow down the processes—far from it. make application to be brought on for trial. It This is all about focusing and being able to get does seem passing strange that we have the Director of Public Prosecutions office to come so far in our criminal justice system that speed up the processes of bringing these the Government would be wanting to abolish a cases to trial. There is no time limit set now. I provision that allows for self-help. I thought know that cases are slowed down and that the Liberal Party was supposed to be the excuses are put forward for all sorts of reasons party that advocated self-help as a remedy in as to why cases are not brought on. This is public life. This is a classic self-help provision. putting a time limit—a requirement—on that so It enables an accused person to make that the prosecutions office, that is, the Crown, application to the court to have their trial is required within a time limit to bring on these brought on so that they are not languishing in cases and get these cases heard. the lists. I urge the Attorney to reconsider the Mr FOLEY: The Attorney's response Government's opposition to what was included has dwelt, perhaps understandably, on the in the original legislation. This is a provision terms of the clause that the Government itself that, I have no doubt, will be welcomed by is moving. What I ask the Attorney to focus on prosecutors because it takes the pressure off are the words that appear in the existing them. There should properly be pressure on section 590 that are being removed. The prosecutors to ensure that justice is done existing section 590 confers a right upon swiftly, promptly and effectively. I urge all accused persons. This legislation is abolishing honourable members to oppose this clause. that right. I heard what the Attorney said in Mr BEANLAND: This clause will oblige relation to the six-month time limit for the the Director of Public Prosecutions to present presentation of indictments; but the nub of this an indictment. The judge will not grant an alteration is to abolish section 590, which extension of time, because this amendment confers upon the accused person a right to requires that no injustice will be caused by make application to the court to be brought on extending time. The right to apply for trial in for trial. That is quite an important right. It is a section 590 has proved, of course, to be right that ensures that the court can order that ineffective, because it results in not only a a matter be brought on so as to avoid the discharge from the effects of the indictment if injustice that is associated with delay. This it is not presented but also the prosecution still provision removes that right of the accused being able to start the indictment process person and the relevant power of the court, again by recharging and recommitting for trial. and replaces it with a simple duty on the part That does occur from time to time. If one gets of the prosecutor to present an indictment through the process originally and, for 812 Criminal Law Amendment Bill 25 Mar 1997 whatever reason, the indictment does not on the defendant. That tradition is very basic proceed, there is nothing to stop one having to achieving justice in a criminal trial. However, to go through the process again. What we are the problem arises that insanity does give rise about is trying to bring these cases on more to a good defence within the terms of the quickly and trying to get the Office of the Criminal Code, and other psychiatric evidence Director of Public Prosecutions to really focus. may be relevant to a case of diminished I listened intently to what the member for responsibility. Yeronga said about this matter. Far from Mr STONEMAN: I rise to a point of doing away with any rights, we are trying to order. I am sure that the member for Yeronga give both the Director of Public Prosecutions— would be happy for me to raise a point of the Crown—and the defendant a better order and announce that Queensland has opportunity in this regard. I do not see that won the Sheffield Shield. there is a particular problem in relation to this Mr FOLEY: I thank the honourable provision. At the end of day, it is all about member. I am sure all honourable members improving and speeding up the processes of extend their heartiest congratulations. I record justice, not slowing them down. it as a day where I willingly agree with the Question—That clause 106, as read, member for Burdekin. I was sure that there stand part of the Bill—put; and the Committee would be some matter on which we could divided— strike agreement. AYES, 44—Baumann, Beanland, Borbidge, Connor, Dr Watson: And who would have Cooper, Cunningham, Davidson, Elliott, FitzGerald, thought it would be on the Criminal Code. Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, Horan, Johnson, Lester, Lingard, Mr FOLEY: It is very fitting and, being a Littleproud, McCauley, Malone, Mitchell, Perrett, scholar of jurisprudence like the member for Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Burdekin, I note that the only other State in Slack, Stephan, Stoneman, Tanti, Turner, Veivers, the Commonwealth which does have a Warwick, Watson, Wilson, Woolmer. Tellers: Criminal Code based upon Sir Samuel Griffith Springborg, Carroll is that of Western Australia. So it is fitting that NOES, 43—Ardill, Barton, Beattie, Bird, Bligh, the honourable member should make that Braddy, Bredhauer, Briskey, Campbell, D'Arcy, point of order in his characteristically scholarly De Lacy, Dollin, Edmond, Elder, Foley, Fouras, way. Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, McElligott, McGrady, Mackenroth, Milliner, Mulherin, I am sure that honourable members will Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, understand the reasoning of the Court of Robertson, Rose, Schwarten, Smith, Spence, Appeal when it said that in circumstances Sullivan J. H., Welford, Wells. Tellers: Livingstone, where evidence of diminished responsibility or Sullivan T. B. of insanity is to be given, this may not always Resolved in the affirmative. be capable of being foreseen by the Crown Clause 107— conducting the prosecution. One should not lightly seek to shift evidentiary provisions, Mr FOLEY (4.12 p.m.): I move the because the rules of evidence are a following amendment— fundamental part of guaranteeing citizens a "At page 78, line 14, after fair trial. The Opposition is persuaded by the 'evidence'— concern expressed by the Court of Appeal that insert— there is a case for so doing in relation to the giving of advance notice of psychiatric or 'from a psychiatrist or psychologist'." psychological evidence because that evidence The Government's clause before the goes to the defences that I have mentioned Parliament requires parties to a criminal trial to such as insanity and diminished responsibility give advance notice of expert evidence. The and particularly in circumstances where the amendment that the Opposition has moved Crown may claim to be ambushed or taken by simply requires that advance notice be given surprise. in relation to psychiatric or psychological However, it is another thing altogether to evidence. change the rules so as to require the advance The Court of Appeal in a recent case notice of all expert evidence. I am by no commented on the need for some reform in means clear what authority the Government this area. Traditionally, the rule has been that relies upon to urge this provision other than it is for the Crown to bring the charge and for the convenience of prosecutors. I am sure that the Crown to prove the charge. The onus of no-one wants to put obstacles in the way of proof is on the Crown; the onus of proof is not prosecutors carrying out their duties lawfully. 25 Mar 1997 Criminal Law Amendment Bill 813

However, we in this place also must take a conviction for murder was reduced to stand to ensure that the principles of a fair trial manslaughter. That case prompted those on are protected. this side of the Chamber to give a very clear In my submission to the Committee, I indication that we would amend the legislation would urge that the step being urged by the so that such a situation could not occur again. Government is going too far. The proper In addition, in a recent case to which measured response is that adopted by the members of the Labor Party like to refer, a Opposition, namely, to make that provision in Justice of the Supreme Court in Rockhampton respect of psychiatric or psychological spoke of problems within the criminal justice evidence. system. In a case before him, the Crown stated it was forced to refer the accused to the This is part of a larger debate in the Mental Health Tribunal. That led to the good criminal law. Some jurists argue that we should Justice's comments. Of course, with move the criminal law closer to the civil law. amendments such as the Government is Some jurists argue that the notion of the proposing, such a course would not be Crown being required to prove the case and necessary and we would not need to go the defence being entitled to put the Crown to through such outbursts. proof is somewhat old fashioned. That is not a view to which I subscribe. Some jurists in that Having examined the United Kingdom school argue that the laws that are applicable situation, we have looked to extend the range to a civil trial should hold greater sway in the of advance notice given of expert evidence. In rules governing criminal practice and, in relation to medical evidence, for example, particular, rules such as discovery of there is a whole range of expert evidence that documents. This is a particular example of a may be called. After all, evidence is given to desire on the part of prosecutors, and in this assist juries to get to the truth of a matter. I case the Government, to have the sort of am sure that juries do hang on every word that pretrial discovery in the criminal arena that one expert witnesses say. Therefore, it is very would expect in the civil arena. However, there important that the expert witnesses for both is a fundamental difference: in a civil case we parties are in a position to be properly are essentially talking of disputes about examined because juries do place a great money or, indeed, equitable remedies such as deal of credence on the words uttered by injunctions. In a criminal case, we are expert witnesses. This clause will enable the speaking of the liberty of the citizen. We defence and the prosecution to be fully should not depart from the great traditions of prepared. our justice system lightly. For that reason, I The clause is put forward by the would urge caution upon the Attorney-General Government in the interests of justice to and upon the Chamber. I would urge that we ensure that there is a level playing field in not go so far as to require advance notice of relation to these matters and, for that to occur, all expert evidence but confine that to those it is proposed that advance notice be given. areas which the Court of Appeal has identified While this was prompted as a reaction to the as being appropriate. To proceed down the psychiatric reports in the de Voss case, it can path urged by the Government is to shift the certainly relate to a number of other cases balance too far and in so doing to put at risk involving expert witnesses. We have also some of the great traditions of a fair trial which looked to the United Kingdom legislation on we in this country have inherited. expert evidentiary material. Mr BEANLAND: This clause relates to Question—That the words proposed to advance notice being given about expert be inserted be so inserted—put; and the evidence and is based on section 1 of the Committee divided— United Kingdom's Criminal Evidence Act 1984 AYES, 43—Ardill, Barton, Beattie, Bird, Bligh, and the Crown Court Advance Notice of Expert Braddy, Bredhauer, Briskey, Campbell, D'Arcy, Evidence Rules 1987. The clause was also De Lacy, Dollin, Edmond, Elder, Foley, Fouras, based upon the comments of the Queensland Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, Court of Appeal in relation to the de Voss McElligott, McGrady, Mackenroth, Milliner, Mulherin, case, which was heard 18 months ago. The Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Robertson, Rose, Schwarten, Smith, Spence, situation in the de Voss case related to Sullivan J. H., Welford, Wells. Tellers: Livingstone, psychiatric evidence, as the member for Sullivan T. B. Yeronga alluded to. In that case, the Crown NOES, 44—Baumann, Beanland, Borbidge, Connor, was ambushed—for want of a better word—as Cooper, Cunningham, Davidson, Elliott, FitzGerald, it was not made aware of expert evidence that Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, was going to be introduced. Consequently, the Hegarty, Hobbs, Horan, Johnson, Laming, Lester, 814 Criminal Law Amendment Bill 25 Mar 1997

Lingard, Littleproud, McCauley, Malone, Mitchell, evidence of witnesses was obtained as the Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, result of collusion. Slack, Stephan, Stoneman, Tanti, Turner, Veivers, Warwick, Watson, Wilson, Woolmer. Tellers: In the delicate balance between the rights Springborg, Carroll of an accused person and the necessity for an efficient and effective administration of the Resolved in the negative. criminal law, the Parliament should not lightly Clause 107, as read, agreed to. interfere with the principles established by the Clauses 108 and 109, as read, agreed to. learned judges of the High Court. However, Clause 110—— there was a difference in emphasis amongst the five judges in the High Court in Hoch's Mr FOLEY: (4.32 p.m.): The Opposition case. The effect of the amendment which I will oppose this clause. Our opposition relates foreshadowed is along the lines set out in also to amendment No. 14 which I have Labor's 1995 Criminal Code and in circulated to the Chamber, which concerns a accordance with the recommendation of the change in the law governing similar fact Connolly advisory working group. evidence. The point of the amendment is that it is The provision that the Government not necessary to exclude similar fact evidence wishes to insert is to the effect that in and consequently to have separate trials considering potential prejudice, where it is a mere possibility that the evidence embarrassment or other reasons for ordering was obtained by collusion. But where there is separate trials under this provision in relation a real chance that it was obtained as the result to alleged offences of a sexual nature, the of collusion or concoction, the traditional rule court must not have regard to the possibility excluding similar fact evidence should apply. that similar fact evidence, the probative value This is another example where the of which outweighs its potentially prejudicial recommendations set out by the advisory effect, may be the result of collusion or working group chaired by Peter Connolly, QC, suggestion. The Opposition foreshadows an have undergone radical change between the amendment to clause 114. With the report and the presentation of the Bill to the indulgence of the Chamber, it will be Chamber. convenient to debate the matters together. Again, we are seeing a provision which In clause 114, the form of words which will make it easier for prosecutors to run trials the Opposition urges upon the Committee be together but which acts inconsistently with the inserted into the Evidence Act are as follows— traditional principles that govern the "In a criminal proceeding, similar fact admissibility of similar fact evidence. In this evidence must not be admitted if the respect, I seek to draw the attention of the judge or other judicial officer before whom Chamber to the concern expressed by the the question arises considers, after a voir Queensland Law Society in relation to this dire if he or she considers it necessary, provision. It states— that there is a real chance as opposed to "The Society opposes the proposals a mere possibility, in all the in this Bill to remove from the judge circumstances, that the evidence was having the conduct of a criminal trial the concocted or arose from a suggestion or basis of the discretions to exclude similar from some other cause common to the fact evidence or to limit discretions in witnesses." respect of ordering separate trials in the Those are the words recommended to the manner proposed. This is a further Government by none other than Peter example of change without notice to Connolly, QC, and the Government's own fundamental principles of the Criminal Code advisory working group. The administration of criminal law. No warrant issue with regard to similar fact evidence arose or justification for the change has been following a decision of the High Court in the offered and the approach is not case of the Crown v. Hoch, in which, recommended by your Advisory Working incidentally, I appeared as counsel for the Group." appellant. In that case, the High Court That is what the Law Society had to say in its considered the rules that should govern similar letter to the Attorney-General. The effect of fact evidence. In the wake of that decision, opposing this clause and moving the concern was expressed that the conduct of subsequent amendment is to go some way to criminal trials was rendered somewhat difficult restore the proper balance that should be in that separate trials were required to be struck in assessing the admissibility of similar ordered where there was a chance that the fact evidence. I urge the Attorney to consider 25 Mar 1997 Criminal Law Amendment Bill 815 carefully the view expressed by the It should also be noted that the Opposition, the Law Society and Mr Connolly, AWG draft addresses only half of the QC, in the report which his advisory group problem posed by Hoch—namely the presented to the Government. admissibility of similar fact evidence. Mr BEANLAND: The changes were There is the further question as to when separate trials should be ordered in cases made in relation to this section following a involving multiple complaints against the submission received during the public one person. consultation period from the Litigation Reform Commission, which went into great detail It is recommended . . . that s.597A about this matter. The bottom line in respect of the Griffith Code be amended by the of Hoch is that, first, it takes away from the jury insertion of a new section." the opportunity to hear and see relevant The submission goes on to outline the evidence; second, to decide what weight is to proposed new section. I will read that because be given to that evidence; and, third, whether what we are putting here is slightly reworded, a trial judge decides to admit or exclude but it states— evidence on the real chance or the likelihood "In considering potential prejudice, test, either way it takes away from the jury the embarrassment or other reason for traditional function of finding facts and giving ordering separate trials under this due weight to all of the evidence given. The provision in relation to offences of a Litigation Reform Commission indicated that it sexual nature the court shall not have accepted that the work of the advisory working regard to the possibility of concoction group went part of the way in relation to this between different complainants, unless but that it did not cover all of the issues. the circumstances reveal a likelihood that For several days I have listened to concoction has occurred." comments from the Opposition in relation to In view of the comments in the material that assisting in sexual offence cases and what the we have, I think that what is being proposed Government can do in relation to changes by the Government in these amendments is involving children and women. I believe this fair and reasonable. provision will help look after the victims and Mr FOLEY: Let me respond to two of ensure the fairness of the trial. It certainly will the limbs of the argument of the Attorney- not take away from the defence its opportunity General. The Attorney argues that to accede to defend its client to the utmost—far from it. to the Opposition's course of action would But certainly many people are demanding that result in the removal of relevant evidence from certain changes be made. The proposal that is a jury, that being the body charged with put forward here is in line with the Litigation finding fact in a criminal trial. I would have to Reform Commission's comments, and it has draw to the attention of the Attorney the done a great deal of work on this matter. Its obvious point that the rules of evidence are all submission states— about what evidence should be admitted to a "The Commission agrees with the jury or should be excluded from a jury. No need for amendment to overcome evidence goes before a jury if it is irrelevant, so problems created by the High Court the question arises: what relevant evidence decision of . . . Hoch . . . but considers goes before the jury? Hearsay evidence is that the AWG's 'real chance' test quite often relevant. Hearsay evidence will often be the way that the majority of members excludes too many situations where such in the community inform themselves about evidence ought to be admitted. We would what has happened. But the rules governing a recommend instead the adoption of a fair trial say that one should not rely upon test of 'likelihood' or concoction before hearsay evidence, not because it is irrelevant evidence be excluded on such a basis." but because it is not proper evidence to put a The submission goes on to talk about the person on their trial. Similarly, opinion case of Ingram in August 1996, which is cited evidence may be relevant, but it is not as— admissible unless the giver of the opinion has established the substratum of fact on which ". . . a recent instance of a re-trial made the opinion is based and is a qualified expert necessary by the rule in Hoch. The test on that point to give the opinion. So when the proposed by the AWG is hardly any better Attorney says that this will have the effect of than the 'possibility' test currently posed removing relevant evidence from a jury, the by Hoch and would not avoid a re-trial in a Attorney, with respect, is begging the point. case like Ingram. The point is: what are the proper rules of 816 Criminal Law Amendment Bill 25 Mar 1997 evidence that should govern the conduct of a That is the question which I think needs to be fair trial? Regrettably, the Attorney has been put very squarely. At the end of the day it is a silent on that point. matter for the jury. Mr Connolly himself has I turn to the second concern. In response accepted the proposal which we have now put to my question about the authority for this forward in relation to this particular section change to the recommendation of the following consideration of those propositions advisory working group chaired by Peter that were forwarded during the public Connolly, QC, the Attorney has replied that the consultation period. Litigation Reform Commission recommended Question—That Clause 110, as read, this course of action. May I urge on the stand part of the Bill—put; and the Committee Attorney the opinion which led him to abolish divided— that body, at least in terms of its budgetary AYES, 44—Baumann, Beanland, Borbidge, Connor, provision. It is a bit rich for the Attorney to Cooper, Cunningham, Davidson, Elliott, FitzGerald, argue in this place during the Budget Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Estimates that the Litigation Reform Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Commission serves no useful purpose and Lingard, Littleproud, McCauley, Malone, Mitchell, should be wound up and then to come in here Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Slack, Stephan, Stoneman, Tanti, Turner, Veivers, and to urge this Committee to trespass Warwick, Watson, Wilson, Woolmer. Tellers: against the traditional rules of evidence by Springborg, Carroll relying upon the authority of the very body that he himself has sought to abolish. For my own NOES, 43—Ardill, Barton, Beattie, Bird, Bligh, Braddy, Bredhauer, Briskey, Campbell, D'Arcy, part, I welcome the input and contribution De Lacy, Dollin, Edmond, Elder, Foley, Fouras, made by the Litigation Reform Commission. I Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, believe that that body has made a significant McElligott, McGrady, Mackenroth, Milliner, Mulherin, contribution to litigation reform in Queensland. Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, However, this is an issue which goes to the Robertson, Rose, Schwarten, Smith, Spence, admissibility of evidence. Sullivan J. H., Welford, Wells. Tellers: Livingstone, Sullivan T. B. Before this Parliament we have the opinion of the Law Society, the approach Resolved in the affirmative. adopted in Labor's 1995 Criminal Code and Clauses 111 to 122, as read, agreed to. the opinion of the advisory working group Schedule 1— chaired by Mr Connolly, QC. It is disappointing that the Government would jettison those in Mr FOLEY (4.46 p.m.): I move the favour of a view which simply favours the following amendment— prosecution without having addressed the "At page 89, after line 21— important principles which need to be weighed insert— in the balance so that we establish proper rules of evidence governing the conduct of a 'Section 432 (Pretending to exercise criminal trial. witchcraft or tell fortunes)'." Witchcraft and sorcery are not matters Mr BEANLAND: I will answer a couple which are regularly raised by constituents who of points raised by the member for Yeronga. I beat a path to my door, but I have to say that have just pulled out the pages of a further the desire of the Government to keep a submission by Mr Connolly himself on this provision forbidding witchcraft and sorcery in section regarding the admissibility of similar the criminal law of Queensland as we hurtle fact evidence. That followed the receipt of the submissions not only from the Litigation towards the 21st century is frankly just a little Reform Commission but also other groups. Mr puzzling. Let me read the provision which I am Connolly then had another look at this urging upon the Committee be abolished. particular section and put forward a new Section 432 of the Criminal Code provides— proposal which is in line with the proposal "Any person who pretends to before the Committee which says that— exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or "Similar fact evidence, the probative undertakes to tell fortunes, or pretends value of which outweighs its potentially from the person's skills or knowledge in prejudicial effect, shall not be rejected on any occult science to discover where or in the ground that it may be the result of what manner anything supposed to have collusion or suggestion but the weight of been stolen or lost may be found, is guilty such evidence shall be a question for the of a misdemeanour, and is liable for jury." imprisonment for 1 year." 25 Mar 1997 Criminal Law Amendment Bill 817

I am left to wonder what the coalitions's new, Mr GIBBS: I would like to make a brief tough approach on law and order will be. I contribution on this particular matter. I do so dare say that the racing commentators will be perhaps from a different angle than that taken quaking in peril for I seem to recall that by the member for Yeronga does. Each year, regularly they publish columns in the for example, there is a show or a gathering newspapers which purport to tell fortunes. I am held at the Royal National Association not sure if the knowledge of horse racing can showgrounds in Brisbane. There are many be described as an occult science, but people who come out on that particular day. perhaps my colleague the member for Whether one wants to call them psychics, tarot Bundamba can assist me. But even more so, I card readers or tea-leaf readers, any number am sure that those stockbrokers who give of people are there in an open exhibition investment advice, who undertake to tell show. Many thousands of people from fortunes as to which way the stock market will Brisbane go through that show each year. It is go, will be quaking in their boots. a day of entertainment. It is a day of enjoyment for a lot of families and individual Mr Stoneman interjected. people. I recall a very good article which was Mr FOLEY: Witchcraft may be a big written in the Courier-Mail—in fact, I think it issue up in Burdekin, but in the garden was probably within the last month—which suburbs of the Yeronga electorate it is not a talked about the situation of people who big issue. Not once have I seen amidst the perhaps want to use the services of so-called people who come to me to express concern parapsychics, or whatever one might call about break and enters, who express concern them. In the end, the article made the point: about many of the problems confronting them, what harm does it really do? What harm does a person urging a prosecution for sorcery, it do if people go to somebody who perhaps enchantment or conjuration. makes a prediction that they are going to win Gold Lotto this year or that their life is going to Mr T. B. Sullivan: Or broken be happy? This may well occur at a time when broomsticks. people are down in their lives. Mr FOLEY: Or broken broomsticks. I I raise this issue because it is something thank the honourable member. What does with which I have had a bit of experience. I this illustrate? This just illustrates that this make the point that it is an irrelevant thing that Government is grossly out of touch. It has not members are debating here today. Whether or engaged in a comprehensive review of the not one happens to be a person of Christian Criminal Code. Instead, it has brought forward belief or a person of a different belief— a piecemeal reform and it has left in place the perhaps in a spiritual sense which might not type of provisions that make Queensland a reflect the normal thrust of Christianity—people laughing-stock. For years under the Goss do have various viewpoints and contributions Labor Government, Queenslanders had to make in this particular regard. thrown off that [laughing-stock image. But I do not want to be a bleeding heart unfortunately, under this Government, today, but I will raise my own unfortunate Queenslanders have had occasion again and experience last year with the death of my son. again to be the butt of jokes. This is a classic I know from that experience, in terms of the example of an antiquated, irrelevant provision number of counselling services that involved that is still in the criminal law. my family directly and my indirect family in If the Attorney, as Minister for Consumer many ways, that there are different beliefs that people have on those sorts of occasions. The Affairs, wants to discuss the measures to reality is that there are many fine books written ensure that consumers are not ripped off and by noted people—educated people—in the to ensure that the normal provisions of the Fair world today on these particular issues. I have Trading Act or the Trade Practices Act are two here with me today. One is written by a enforced, so be it. But the Criminal Code is no very noted and respected doctor, Dr Elizabeth place for protections of that kind. Indeed, to Kuebler-Ross, who is the author of numerous retain on the statute book an offence books. Probably her most famous one is amounting to the indictable offence of a called "On Death and Dying". This particular misdemeanour liable to imprisonment for one book, which I have read, is called "On Children year in these circumstances is antiquated to and Death". It relates to many experiences by the point of being silly, and I urge all dying children and by parents who have lost honourable members to support my children, who very often seek the services of amendment, which has the effect of repealing people with psychic abilities in order to make section 432 of the Criminal Code. connections with the spiritual world that they 818 Criminal Law Amendment Bill 25 Mar 1997 believe exists. I note that you, Madam Chair, at the coffee shops in the city and suburbs of have a bit of a smile on your face. I cannot this town to know how popular they are. They understand why, because I know that you are are also spiritual pastimes, as the member for a devoted Christian. I hope that you have a Bundamba just outlined to the Committee. respect for the alternative points of view of The fact that many people practise the other people. occult, fortune-telling, horoscopes and all sorts Another book to which I refer, which is of supernatural fortune-telling means that we often referred to in a worldwide sense, is one have on our statute book a law which is which comes from the United States. It relates certainly antiquated in this day and age. I to a gentleman by the name of George believe that we make the laws of this State Anderson. This book is called "Our Children very foolish if we leave in our Criminal Code Forever". It deals specifically with messages laws which people regard as foolish, and if we from children on the other side. are going to maintain laws such as this, it will Whether one likes it or not, a lot of people have the effect of making all of us lose respect worldwide gain a great deal of comfort from for the law altogether. going to sessions with people with psychic I have a problem with people who are abilities and believing that there is something suspicious about these harmless, frivolous and more beyond what we all are as we walk on sometimes helpful pastimes. If one studies the this planet on a daily basis. People believe history of witchcraft and fortune-telling one that the spiritual world is perhaps much bigger finds that these practices were outlawed than many of us realise. I certainly believe primarily because they were practised firstly by that, regardless of whether one is a person of women and, secondly, by gipsies or other strong Christian belief or a person with a belief transient people in our population. Witchcraft from a spiritual point of view in a directly and fortune-telling gave these groups some different sense. power, some stature and some income, so I am sure that there are many people they were outlawed generally by white male who would find this part of the Criminal Code elites within European societies. In the Middle highly offensive. The reality is that what the Ages, women were often accused of practices member for Yeronga has said is absolutely such as fortune-telling and witchcraft. They correct. There are countless thousands of were burnt at the stake. They were hung. They people in this city, in this State and in this were challenged to survive drownings. country who, every day of their lives, in some Whether or not this was proved, any woman way have a relative, a friend or themselves go could be labelled as being a witch and for services with these people. I know two subjected to that kind of cruelty and torture. people, for example, in my electorate who That is where these laws began, and that is operate on a fairly regular basis. The accuracy why we have on our statute book today these of the predictions of one of those women is laws that were made by white male elites. talked about very often in a certain Mr Palaszczuk: There is also the issue establishment in my area. One can make of now of two spiritualists who do talk-back radio. that what one will. I am simply saying that in Where does that put them now? terms of what is a sensible thing and an Ms SPENCE: That is why this law is understanding thing in our community, I find truly ridiculous, and why the Opposition is this an offensive piece of legislation—as, I am asking for it to be removed from the Criminal sure, would many hundreds of thousands of Code. What about people who put people in this State and in other parts of horoscopes in our newspapers and our Australia. I believe that it reflects an Attorney- magazines? Surely they are practising the kind General who, unfortunately, I do not think is in of fortune-telling that is listed on the statute touch on an issue such as this, in which a lot book of our State as illegal. The history of of sensitivities are involved. I urge members to these sorts of laws shows that they were accept the amendment proposed by the designed to disempower people. They were Opposition spokesperson. designed to prevent minority groups from Ms SPENCE: I also rise to support the having power, an income or influence in amendment put forward by the Opposition society. That is why those practices were today to have people who practise witchcraft, outlawed in the first place. It is shameful that the occult and fortune-telling removed from we in Queensland in 1997 are still about the Criminal Code. I believe that, as other preventing those people from having some members have said, these are popular power and influence in society. Whether we pastimes for our populace. Indeed, they are agree with that sort of spirituality or not, I popular social pastimes. One has only to look believe that we have to respect the fact that 25 Mar 1997 Criminal Law Amendment Bill 819 many people obtain some spirituality from and similar practices. That has been going on those practices. Even if they do not obtain for decades. This section goes a lot further some spirituality from those practices, they do than those practices and refers to some of the receive some social pleasure. In the main, I evils that those people who are allowed to get think that they do no harm. I ask all members away with beliefs in this area inflict upon to support the Opposition's amendment society. I believe that this is a particularly regarding this section. important section for us to retain within the Mr BEANLAND: This section relates not Code in order to send a very clear message to only to fortune-telling but also, importantly, to those involved that that sort of activity is a witchcraft, sorcery and practices in the occult. crime within the Criminal Code of Queensland Those are the very kinds of evil that led to the and is not an activity that will be condoned by killing in Brisbane some time ago of Mr society. Therefore, the Government does not Baldock in a Brisbane city park, and the accept the amendment of the Opposition. conviction of Tracy Wiggington. That poor Mr T. B. SULLIVAN: If I heard the victim was stabbed some 15 times. We know Attorney-General correctly, he stands by his that Tracy Wiggington was convicted of those position because some people who practise offences, which clearly related to sorcery and witchcraft have committed some very serious practise of the occult. crimes against other persons. If that is the Mr Foley: Was she charged with that? case, will he outlaw marriage? In heterosexual Mr BEANLAND: She was charged with marriages, because some people believe that murder, but it is important to keep in mind that the love of a person has had an effect on those are the sorts of practices that she them in some way, tremendous crimes have been committed. My belief is that of a undertook. The reason that he was murdered Christian faith. I believe in the spirit. We refer was because those practices occur. It was not to the Holy Spirit, yet within my church for some other reason. It was quite well reported. It might be popular to relate to the tradition, great abuses of a sexual and points to which members of the Opposition psychological nature have been committed. I relate; nevertheless, they are the facts. do not resile from my faith or the practices Between 1984 and 1990 in Western Australia, within my church simply because a few deviant sexual acts were committed on boys practising Catholics abuse other people. If aged 12 to 15 while professing the practising there are abuses, let us deal with that abuse. of witchcraft. If people practising witchcraft abuse a young child, let us oppose them for the abuse of the A great difference exists between those young child, not for their faith, be that different who read palms or tea leaves for from our own. If those who are of a non- entertainment value and those people who Christian background believe in the spirit or profess to possess those powers and are spirits and abuse a person in some way, they involved in activities that lead to very sick should be attacked for the abuse and not for practices because of their belief that they have their beliefs. The original Australians believe in some special powers. The Opposition is the Dreamtime and the spirits. If one of their proposing to amend the Criminal Code. Of people hurts or abuses another person, they course, that would not amend the Vagrants, should be resisted for the abuse and not for Gaming and Other Offences Act in which this their belief. section remains. I suggest that the members of the Opposition should think further and a lot It is a ridiculous law to have on the statute longer about this matter before rushing into book. The Bill that is before the Committee proposing—as I have heard a number of them has enough other provisions to allow police propose—that this is one of those outmoded, officers or enforcement agencies to prosecute outdated provisions that should be removed offences of abuse of any sort. This is a from the statute book. ridiculous law and honourable members should support the amendment. When one looks at the facts, one sees that, unfortunately, some people within the Mr FOLEY: The Attorney is trying to put community profess to those beliefs and get a brave face upon an unarguable position. mixed up in sorcery, practices of the occult or The Attorney argues that the Wiggington case witchcraft—call it what one likes—that, at the justifies the retention of this provision. If the end of day, lead to a great deal of evil being argument in favour of retaining this provision is committed in society. I want to ensure that we that it continues to be relevant to modern send a very clear message about this. I accept times, I ask the Attorney to inform the House what some members are saying, that is, that on how many occasions in the last decade a little danger is associated with palm reading prosecution has been brought under this 820 Criminal Law Amendment Bill 25 Mar 1997 provision. The person to whom the Attorney this particular schedule until such time as the referred was charged and convicted of murder. Attorney-General can get a clause drafted that To my knowledge, the relevant provision has will satisfy him? That way, we could at least not been the subject of a prosecution for a get rid of this little bit of detritus of an archaic very long time. If it is relevant to modern times, age and do the right thing by these people I invite the Attorney to tell us on how many who, rightly and properly, are regarded as occasions prosecutions have been launched members of the entertainment industry and on this provision. If the answer to that is that who are performing a service which either the Attorney and his advisers do not know or amuses, edifies or gratifies in some way a that, indeed, none have occurred in modern large number of—— times, surely that speaks to this Committee Mr Pearce: They were up in that this is an archaism that should be done Rockhampton two weeks ago and thousands away with. of people went to see them. Mr WELLS: Let us analyse the Mr WELLS: I take the interjection of the propositions that the Honourable the Attorney- honourable member. These people essentially General has put forward to the Committee. He do no harm to anybody else. Nobody who has said that this particular provision has two goes to see them goes other than as a willing parts. He is referring to section 432 of the participant in what is either to that person Criminal Code. About one part he says, "That entertainment or a serious pursuit of what could probably go, but the rest of it we need." might be that person's future. So I invite the Then he proceeds to say, "So we are not Attorney-General to divide the provision if he going to get rid of any of it." I will read the part does not like it. that the Attorney-General thinks could reasonably go— However, I support the proposal put forward by the honourable and learned "Any person who . . . undertakes to member for Yeronga, which he argued tell fortunes, or pretends from the extremely persuasively, and that is that, in the person's skills or knowledge in any occult Wiggington case, it was murder rather than science to discover where or in what what the Minister at the table thought that it manner anything supposed to have been was. I know that the Attorney-General thought stolen or lost may be found, is guilty of a that it was witchcraft. In fact, at the time it was misdemeanour, and is liable for described as vampirism. By the way, that is imprisonment for 1 year." not outlawed explicitly by this section. So it is So who does this section catch? This perhaps not a case in point. The proposition particular provision catches everybody who that witchcraft killed people—it was not the purports to read horoscopes, everybody who witchcraft that killed people; it was the purports to look into crystal balls and to tell intention to kill which killed those people. people what their future holds—everybody In the 17th century, more Christians were who reads fortunes in any way like that. killed by other Christians than ever were killed Probably as parties to this offence would be in the whole of the persecution of the Christian everybody who listens to the horoscopes religion under the Roman empire. Yet that is which are read on the radio in the mornings or not regarded as a refutation of Christianity; who plays any part in it. This provision that is regarded as merely a perversion of criminalises an enormous proportion of the Christianity—something which showed that populace. people were behaving with less than due I do not know what proportion of the regard to the principles of the original religion. people of Queensland seriously believe in One cannot refute Christianity, for example, by astrology, but I would be surprised if it was well saying that so many people died in the 17th over 50%. Yet those are the people who are century during the wars of religion. No more being criminalised by this particular provision. can one say that superstitions or beliefs of this The Attorney-General says that he has no kind kill people. It is not superstitions that kill argument against removing this section, people; it is the formation of an intention to kill. except that it is part of a provision which The connection between that and the religious contains something else. So if the Attorney- beliefs that that person holds is very tenuous General has no argument against removing a indeed. provision which criminalises people who do So I urge the Honourable the Attorney- astrology either over the radio or face to face, General to either accept the amendment and or who look into crystal balls and tell people at least move us into the 20th, if not the 21st what is going to happen, why not separate it century, or if he cannot accept the out? Why not adjourn this particular debate on amendment, then I urge him to divide the 25 Mar 1997 Criminal Law Amendment Bill 821 provision so that we at least get rid of the part to, say, a serial killer, then any police officer that he himself has said is unobjectionable. who was serious about enforcing the Criminal It was John Stuart Mill—somebody who Code as amended by Denver Beanland, "QC", honourable members opposite claim to would have to go to section 432 and start respect—who said that if one attempts to chasing the other police officer who was using suppress an idea, then all one will do by the psychic to catch the serial killer. What an suppressing that idea is to give it continued absurd situation that would be! That is the kind life. By not suppressing an idea and allowing it of absurdity that this Attorney-General is to be expressed, then the grounds of its asking us to legislate for today. refutation will become clearer and humankind Mrs CUNNINGHAM: There have been as a whole will come closer to having a more a lot of comments made recently about this accurate view of the world. The suppressing of matter. From history, it appears that where this kind of activity by the use of the criminal things such as horoscopes are used for law has only the effect of making, as John entertainment value, there has been no action Stuart Mill said, a dead dogma of the official taken—whether one agrees with it or not—as view. a practice. However, the reality that I face is Worse than that, if we continue with a that in incidents where activities or crimes have law—and I refer now to that part of the law been attributed to witchcraft by either police or which even the Attorney-General himself says others who have observed or commented on cannot be defended—which prohibits the the incident, the community has found the telling of fortunes, which prohibits astrology, incidents abhorrent or repulsive. which prohibits the looking into globes and the I do not believe the majority would want like, then we are continuing with a law that is to see this section deleted. I think that they not going to be enforced. We are here as would want to see it in the Code as an serious legislators in a serious Parliament in a indication of the standards of the State. On serious middle-weight world power saying that that basis, I will be supporting the we are going to pass into law, or allow to Government. remain into law when we have an opportunity Question—That the words proposed to to change it, a provision that we know is not be inserted be so inserted—put; and the going to be enforced. What sort of dereliction Committee divided— of duty is that? What sort of inanity is it for us AYES, 43—Ardill, Barton, Beattie, Bird, Bligh, to stand in this place and say, "It is all right to Braddy, Bredhauer, Briskey, Campbell, D'Arcy, legislate this. It is all right to put this into law De Lacy, Dollin, Edmond, Elder, Foley, Fouras, because we know that the police are not going Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, to go out and enforce it."? McElligott, McGrady, Mackenroth, Milliner, Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, By the way—and this goes to the Robertson, Rose, Schwarten, Smith, Spence, absolute stupidity of doing what the Attorney- Sullivan J. H., Welford, Wells. Tellers: Livingstone, General is proposing we do—how do we know Sullivan T. B. that the police are not going to enforce it? NOES, 44—Baumann, Beanland, Borbidge, Connor, Because the police use it! Do members Cooper, Cunningham, Davidson, Elliott, FitzGerald, remember reading in the paper not too long Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, ago about the search that was being Hegarty, Hobbs, Horan, Johnson, Laming, Lester, undertaken by the police for a serial killer and Lingard, Littleproud, McCauley, Malone, Mitchell, that the police were using psychics to do it? Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, That happens fairly frequently. They would not Slack, Stephan, Stoneman, Tanti, Turner, Veivers, want to do it in Queensland. In Queensland, if Warwick, Watson, Wilson, Woolmer. Tellers: Springborg, Carroll somebody pretended to use any kind of skill or undertook to tell fortunes, or used any occult Resolved in the negative. science or whatever to discover where or in Schedule 1, as read, agreed to. what manner anything is supposed to have Schedule 2— been stolen or lost or may be found, that Mr FOLEY: (5.35 p.m.): I move the person is guilty of a misdemeanour and is following— liable to imprisonment for one year. "At page 93, after line 4— Mr Gibbs: The police themselves on occasions have used the services of psychics. insert— '4A. After section 131— Mr WELLS: Yes, absolutely. The very point is that if police officers were using a insert— psychic or somebody like that to try to find an 'Court may order interpreter to be article of stolen goods that would lead them provided 822 Criminal Law Amendment Bill 25 Mar 1997

'131A.(1) In a criminal proceeding, a with a wide range of community groups, court may order the State to provide an including the migrant legal service at South interpreter for a complainant, defendant Brisbane, this provision was urged. In or witness, if the court is satisfied that the deliberating upon it, the Opposition considered interests of justice so require. that it needed to be expressed not only for '(2) In deciding whether to make an witnesses and defendants but also for order under subsection (1), the court must complainants so as to have proper regard to have regard to the fundamental principles victims of crime. Accordingly, I encourage of justice for victims of crime declared by support for the Opposition's amendment. the Criminal Offence Victims Act 1995, Mr BEANLAND: The Government is part 2.'." opposed to the Opposition's amendment for a This amendment makes provision for an number of very valid reasons. Firstly, the express power in the court to order the State amendment adds nothing to advance the to provide an interpreter for a complainant, state of law in Queensland and it adds nothing defendant or witness if the court is satisfied to enhance the administration of the criminal that the interests of justice so require it. It goes justice system. We have checked with the on to make a provision that the court must Legal Aid Commission and it has advised that, have regard to the fundamental principles of as a matter of course, all defendants are justice for victims of crime declared by the automatically supplied with an interpreter if Criminal Offence Victims Act 1995. required. One could well ask "Would it be any other way?" because, if instructing solicitors It is part of the inherent jurisdiction of any want their clients to understand the court that it may require an interpreter to be proceedings in order to provide proper present to receive the evidence of a witness instructions and to be represented fully and to who is not fluent in the English language. be acquitted, and if the interests of justice However, the provisions of this amendment go demand it, then of course an interpreter will be somewhat further in that they establish that provided. If the prosecution expects to have the court may exercise that power not only in juries understand their witnesses, so that the respect of a witness or a defendant, so that witnesses and victims do not get tripped up by the defendant gets a fair trial, but also in a lack of understanding, so that fair respect of a complainant. Part of the problem convictions are gained, and if it is in the with our system of criminal justice is that it has interests of justice in any given case, then of failed to give sufficient regard to the position of course the prosecution will and does provide victims of crime. That is why the Labor interpreters. Government introduced the Criminal Offence Victims Act 1995 and that is why certain However, far from assisting victims, the fundamental principles of justice for victims of amendment presents a grave danger that crime are set out in that Act. This amendment some of those worthy of conviction and severe sets out, in a formal statute, a head of power punishment will be acquitted by the Court of for a court to make an order for a complainant, Appeal because it will impose a positive—and defendant or witness. It may be said that I emphasise "a positive"—obligation on the courts already have inherent jurisdiction, but courts to inquire into the matters proposed in that is not so much the case with regard to the amendment. If the court should refuse or complainants, and it is quite important that the fail to do so on the application of one of the interests of justice be served if the interests of parties, on their motion the person convicted justice require, for example, that a will have a new ground of appeal to the Court complainant have an interpreter, not just for of Appeal on the failure or refusal to appoint giving his or her evidence but for following the an interpreter. I wonder how that will help trial if he or she wishes. victims. By imposing such a statutory obligation to do what is already done, I There are, of course, resource contend that that is certainly not going to implications in ordering the State to provide enhance or assist victims. If anything, it could such a service. It is difficult to gauge the exact help some people who are convicted. extent of resources, because it will depend upon the facts and circumstances of particular This amendment will slow down the cases. It will also depend upon the court being wheels of justice by shifting into the arena of satisfied that it is in the interests of justice to the courts an obligation which is already being make this provision. However, it was fulfilled diligently by the legal representatives suggested by women's groups concerned for of the respective parties in proceedings. I have reform of the criminal law that this provision be discussed this matter with the Director of introduced. In the Opposition's consultation Public Prosecutions, whose office now 25 Mar 1997 Criminal Law Amendment Bill 823 employs several people in the Victims Support they are entitled to have an interpreter to sit in Services Unit. It cannot be said that the on and follow the proceedings. That is not principles of justice for victims are not being provided for under the current state of the law. given attention in this regard. I thank the honourable member for Gladstone It seems to me that the Opposition is for her support of this Labor amendment, and proposing to put in place another statutory I commend it to the Chamber. requirement that could trip up the prosecution. Ms SPENCE: Briefly, I wish to refute For example, perhaps some people who are some of the points the Attorney made. He convicted could appeal successfully to the acknowledged that interpreters are already Court of Appeal based on whether or not they being provided in our courts. I agree that that had an interpreter at their trial. Vastly different is occurring to some extent, but the fact is that circumstances arise in each case. I could it is not occurring frequently enough. As the understand a matter going to appeal if an shadow Attorney-General said, we have interpreter was not provided by the Legal Aid consulted with women's groups and the Commission. I can understand the Opposition Migrant Resource Centre. They tell us that the being concerned at the Crown not providing current practices are inadequate. Basically, a interpreters through the Office of Public judge will ask a witness or a defendant, "What Prosecutions if required. However, this matter is your name? Where do you live?" Because is in hand. I am advised that the Legal Aid the witness can answer those questions Commission automatically provides satisfactorily in English, the judge then interpreters when they are required. determines that an interpreter is not It seems to me that nothing will be necessary. enhanced by this exercise, and that, yet Representatives from the Migrant again, this is little more than window-dressing. Resource Centre and the Women's Legal This amendment will be another impost and it Centre are saying that what is wrong with the may lead to someone getting off on appeal present system is that judges are not well based on a technicality as distinct from a placed to understand the linguistic capabilities genuine piece of evidentiary material. I am of people appearing before them. We want a concerned that nothing at all will be served by positive amendment of our Criminal Code that this amendment. At the moment, interpreters places more obligation on our courts to are supplied when required. provide interpreter services. I am very pleased Mrs CUNNINGHAM: Although I that the member for Gladstone is supporting acknowledge that the Minister has said that the Opposition's amendment. interpreters are already being provided, this Question—That the words proposed to amendment offers important protections to not be inserted be so inserted—put; and the only complainants, defendants and witnesses Committee divided— but also victims of crime. I will be supporting AYES, 44—Ardill, Barton, Beattie, Bird, Bligh, the amendment. Braddy, Bredhauer, Briskey, Campbell, Cunningham, D'Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Mr FOLEY: Briefly, the argument of the Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Attorney is inconsistent. On the one hand, he Lucas, McElligott, McGrady, Mackenroth, Milliner, says it does not add to the existing state of Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, Purcell, the law. On the other hand, he argues that it Roberts, Robertson, Rose, Schwarten, Smith, imposes a statutory obligation which can trip Spence, Sullivan J. H., Welford, Wells. Tellers: up the prosecution. Those two arguments are Livingstone, Sullivan T. B. inconsistent with each other. Simply, the NOES, 43—Baumann, Beanland, Borbidge, Connor, amendment does what it says, namely, it Cooper, Davidson, Elliott, FitzGerald, Gamin, gives the court an express statutory power Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, where the interests of justice require such a Hobbs, Horan, Johnson, Laming, Lester, Lingard, power. It is a nonsense to say that this Littleproud, McCauley, Malone, Mitchell, Perrett, amendment introduces a further element that Quinn, Radke, Rowell, Santoro, Sheldon, Slack, Stephan, Stoneman, Tanti, Turner, Veivers, could give rise to people getting off based on Warwick, Watson, Wilson, Woolmer. Tellers: an irresponsible technicality. Springborg, Carroll As to slowing down the wheels of Resolved in the affirmative. justice—again, there is nothing in that Mr FOLEY: I move the following argument. In conclusion, the amendment amendment— makes express provision for complainants in their role as complainants, not just as "At page 93, lines 7 to 12— witnesses. After they have given their omit, insert— evidence, the court may well determine that 'Inadmissibility of similar fact evidence 824 Criminal Law Amendment Bill 25 Mar 1997

'132A. In a criminal proceeding, Ms SPENCE: This is a fundamental similar fact evidence must not be and important request put forward by women admitted if the judge or other judicial working in the domestic violence area. It is officer before whom the question arises fundamentally about the different way men considers, after a voir dire if he or she and women react to situations of violence. For considers it necessary, that there is a real most men, reaction to a violent situation is chance as opposed to a mere possibility, immediate: they will punch a person; they will in all the circumstances, that the evidence react in some measure. But for women, was concocted or arose from a reaction to violent situations is normally suggestion or from some other cause delayed, and that occurs after the event. The common to the witnesses.'." timing of women's actions is driven by things This is really a consequential amendment like self-preservation, the fact that they are not dealing with the admissibility of similar fact as strong as men, so they do not react to evidence. I will not go through all of the violent situations in the same way that men do arguments as they were canvassed earlier in and they may actually time their reaction in the debate in relation to clause 110. I urge all some way. So when women are driven to honourable members to support the resorting to homicide, they have done so amendment, which sets out the desirable test usually after they have sought a lot of help with respect to the inadmissibility of similar fact from police, social workers, lawyers and evidence instead of the provision which perhaps members of Parliament, and when appears in the Government's Bill. they are put into a violent situation where they are forced to kill their partner—and in no way Mr BEANLAND: We do not accept this do I condone that at all, but we have to amendment, as we did not accept the former acknowledge that there are situations where amendment in relation to a similar section women are forced into that position—the such as this. I will not canvass the arguments timing may not be immediate, as it would be again. for a man. That is why the history of the Amendment negatived. domestic violence relationship is so important, Mr FOLEY: I move the following and it is very important that this be accepted amendment— as evidence in a court. Women who work in this area feel very, very strongly about this "At page 93, after line 12— amendment, and we urge the Attorney to insert— accept it. 'Evidence of domestic violence Mrs CUNNINGHAM: Just to follow on from the comments that have been made—it '132B.(1) This section applies to a is historic that women in a relationship will criminal proceeding against a person for allow these sorts of incidents to accumulate in an offence defined in the Criminal Code, an endeavour to protect the relationship, to chapters 28 to 30. protect the children in the relationship. When (2) Relevant evidence of the history one hears some of the actions that have of the domestic relationship between the occurred over a long period, often the reaction defendant and the person against whom is to shake one's head and wonder why it has the offence was committed is admissible lasted as long as it has, why the woman in in evidence in the proceeding.'." particular has put up with the mistreatment This makes it plain that evidence of that she has. Any legislation that will relieve domestic violence may be taken into account people in that situation, that will give some where that is relevant in a case, for example, explanation for the conduct of a partner in a of a woman charged with the homicide of her relationship where there has been domestic husband following a lengthy period of violence violence, should be admissible. The support and abuse. As I indicated to the Chamber in that this amendment gives particularly to my contribution to the debate on the second women in domestic violence situations is good reading, it is important that the law set this out and positive. I will be supporting the clearly, and this brings the law into line with amendment. that set out in the South Australian case of Mr BEANLAND: It is already accepted The Queen v. R (1981) 28 SASR 321. It is a now that if there has been domestic violence provision which is in response to the concerns and the evidence is relevant to the particular of women aggrieved at practices in the case, that is accepted and is evidence for the criminal justice system which have unfairly court. This does nothing new in relation to discriminated against women in the past. This that. It is window-dressing. Such evidence is is part of remedying those injustices. already accepted. Members of the Opposition 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 825 would be aware of that, and if they are not from Dr Leo Keliher, the then Director-General, then they should be. This seems to be purely which clearly contradicts the Minister's answer. a political charade. No-one can stand up here To date, the Minister has not refuted that and say, "If domestic violence evidence is statutory declaration other than to begin a relevant, it is not accepted now before the personal attack on Dr Keliher. Dr Keliher says courts", because it certainly is. I want to make that, on his first meeting with the Minister, Mr that perfectly clear. If a case is before the Veivers pulled out a list of actions that he court and there is evidence of domestic wanted to be taken straight away. The first violence in that particular instance, it can be item on this list at the first meeting with the presented to the court. It is and should be Minister was the engagement of Ms Staib to presented as part of that case. No amount of undertake the review of the Fire Service. The window-dressing will change that fact. Minister stipulated that she was to be paid Members of the public who have any $2,000 per week. Dr Keliher then went out to knowledge of this matter will think that we are arrange the consultancy in accordance with a mob of dunces down here for including this the wishes of the Minister. Honourable provision when it is already a fact of life. I members will notice that there was no public believe that the Opposition is deliberately tendering, a matter that has never been dealt trying to deceive people by saying to victims with by the Minister. that such evidence is not admissible now When John Hocken became when in fact it is. Evidence of domestic director-general on or about 5 March, the violence is currently acceptable, if relevant. concocting of the Staib consultancy was Progress reported. already under way. That is why on 15 March she was able to formally begin the review of the Queensland Fire Service. The Minister CENSURE OF MINISTER FOR wants us to believe that John Hocken, who EMERGENCY SERVICES AND had arrived as Acting Director-General and MINISTER FOR SPORT who was formerly a Deputy Director of the Mr BEATTIE (Leader of the Queensland Performing Arts Trust, lobbed into Opposition—Brisbane Central) (6 p.m.) I his office and became director-general on 5 move— March and selected Lyn Staib without tender, "That this House censures the without considering any other consultancies Minister for Emergency Services and and without seeking any expressions of public Minister for Sport for misleading the interest and gave the consultancy to someone House in relation to— who began 10 days later. What a lot of nonsense! It lacks credibility. (1) his involvement in the appointment of Ms Lyn Staib as a consultant to If a director-general was so footloose and review the Queensland Fire Service; fancy-free with the taxpayers' funds, he would and be sacked or held in grave suspicion by a responsible, caring Minister. The reason Mr (2) for his failure to fully explain to the Hocken could do what he did was that he was Parliament the placement of Ms acting on the express orders of the Minister Staib on his ministerial staff." because the events had already been set in This censure motion is not moved lightly. train by Dr Keliher at the Minister's direction. The charge we make against the Minister is straightforward and rests on two premises. The Minister is guilty on the first count. He Firstly, he deliberately misled the House in his has been evasive and uncooperative simply answer in relation to the Lyn Staib because he is following the ministerial consultancy. Secondly, he deliberately misled handbook of his mentor, Russ Hinze—give the this House in relation to Lyn Staib being a House as little information as is possible, keep member of his staff. repeating it and keep out of the media. That was the strategy: "play a straight bat", as he Let us deal with the first charge. In said in question time today, but it is not a very answer to a question from the member for straight bat. Every time Ministers in this Currumbin on Wednesday, 19 March 1997, Government are caught out, they keep away the member said of the consultancy that it had from the media. They all assume that "nothing to do with him". He tried to lay off all journalists are mugs who will lose interest in responsibility, claiming that his Acting the story. Connor did it, Cooper did it and now Director-General was responsible. the Minister for Emergency Services is doing it. However, on Thursday, 20 March 1997, I It seems to be a common trait amongst the tabled in this House a statutory declaration Ministry. 826 Censure of Minister for Emergency Services and Minister for Sport 25 Mar 1997

Our second charge is the misleading of tally exactly. This list included the name of the the House on Thursday, 20 March 1997. The person appointed as chauffeur, Doug Oldham. Minister in answering my question said, "Ms We also have an undated list from those early Staib has never been a member of my days which has a space for the chauffeur but ministerial staff", yet in the staffing no name, so it would be reasonable to arrangements distributed on 29 February 1996 assume that this list was compiled before 29 we find Lyn Staib listed as an assistant policy February. It includes the names of Anthony adviser with a contact phone number and a Gould, Roger Plastow and Lyn Staib. mobile phone number. Documents released Two documents put Lyn Staib as working under freedom of information and made for the ministerial office. The only person who available to the Opposition show Ms Staib did not seem to know about it was the listed as a staff member. I table that for the Minister. One of the documents shows that information of the House—it is the first time it she was in the office with a desk, a phone has been tabled in this House. The Minister linked to the switchboard, a mobile phone and cannot argue with the list. It is from the title. It is obvious that Ms Staib was paid for Premier's Department's offices, the Ministerial this work. The documents tabled today show Services Branch, obtained under FOI and it how this was done. Her contract was says "Lyn Staib". That is what the Premier's backdated to Tuesday, 27 February. We Department is saying about the Minister and insisted on this document being tabled today. his staff. I table it. The Minister cannot argue It reads— with what is in black and white. "The letter of acceptance established The mobile phone number which is given that the contract commencement date as Ms Staib's number is the mobile phone should be 27 February 1996 (i.e. number now used by the senior Government quantum merit payment for work already policy adviser, Mr Michael Gordon, a undertaken.)" well-known but unsuccessful candidate. How So it was backdated. This Minister has misled can the Minister deny it? The Premier quite the House deliberately because he is covering rightly helped me this morning when he said, up the fixing up of a job for a mate. Ms Staib "You have got my number." You bet I have and the Minister go back a long way. They go got his number—in the same way that Michael back to the days of the Gold Coast Waterways Gordon has got Lyn Staib's number. I thank Authority when she was the chief executive the Premier for his help. who chalked up a debt of $51.9m for We have produced the documents. Let taxpayers to pick up. She has been on a us look at the chronology involved. 19 promise ever since that time. February 1996 was when the coalition Misleading the House goes to the heart suddenly found itself in Government. Until 26 of accountability. Ministers are answerable to February, Rob Borbidge and Joan Sheldon, this House and, through this House, to the the relevant Ministers, were left to make all the people. It is a doctrine as old as Parliament mistakes by themselves as the only two itself. The only Australian study of ministerial Ministers. Late on Sunday, 25 February, responsibility was presented in 1990 by a grazier, well-known gun owner and caterer Barbara Page of the University of Sydney. In Mick Veivers was announced as Minister for that it says that the most serious transgression Emergency Services and Minister for Sport. A requiring resignation is when a Minister wilfully memo to the Ministerial Support Unit dated misleads the Parliament. The last Minister to Monday, 26 February, has David Mackay and do that at a Federal level was John Brown, a Roger Plastow as working in the ministerial Labor Minister who resigned also over a office. tendering process. He was in exactly the same There is no doubt that a ministerial staff position as this Minister. list complete with positions and phone In calling on this House to censure the numbers for the Minister for Emergency Minister we are merely calling on the House to Services and Minister for Sport as at Thursday, do its job on behalf of the people of 29 February 1996, was published. Lyn Staib Queensland, a job requiring it to keep the was shown as the acting policy adviser on this Executive arm of Government in check. This list with a direct phone number and a mobile Minister has misled the House on two phone number. The Minister has not denied occasions. He has shown no respect for this that. It ties in with an interim media contact list institution. He has been deliberately evasive issued for each Minister in those early days, in and deliberately dishonest. Even in a that other names and phone numbers, Government with appalling standards like the including Roger Plastow and Anthony Gould, Borbidge Government—I was about to say the 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 827

Bjelke-Petersen Government; they are so Last year, on 31 October, the Opposition put much alike, it is hard to tell—this Minister in a freedom of information request relating to stands out as being unaccountable and one the contracts of employment of all ministerial of the main offenders in misleading this staff since 19 February 1996, including all House. documents. On 12 December 1996, Lyn A strong Premier would ensure the Doblo the coordinator of the freedom of highest standards of accountability and insist information and judicial review, wrote to the on the Minister's resignation. The reason the Opposition releasing a staffing file for the Premier has not done that and the reason he Minister's Department of Emergency Services. will not is that this Government is of the past; it It was listed in that department as a schedule is about turning back the clock. This is not the of relevant documents and Access Decision end of the first year of a new Government, it is No. 16, Undated Staff List Part Exempt S.44, the 24th year of the old National Party which was the document we received. As the Government, a Government that tramples on Leader of the Opposition has outlined, that list decency, a Government with no respect for includes the name Lyn Staib. honesty and integrity, and a Government that A similar list of names appears under the is riding roughshod over taxpayers and the 29 February staff listing from the Minister's monies taxpayers entrust to them. office. I mean, even a boofhead like the The only way people can win back lost Minister—why would he send such a list to the rights, can ensure their money is accountable department? One would have to ask: why and can ensure that taxpayers receive value would he send the list to the Ministerial for money is to censure this Minister and show Support Unit if he did not want her name to be that there is a better way. Labor recommits considered as a member of his staff? That is itself to the highest standards of accountability the whole point. Why would he do it? But he and integrity. That way, all business people in did not do it once. He must be lazy and Queensland get a fair go in the awarding of incompetent. On two occasions he produced contracts and in the spending of hard-earned two staff lists which were substantially similar in taxpayer dollars. nature. If that was the case, why the heck would he have done that if he did not want Hon. J. P. ELDER (Capalaba—Deputy that woman to be considered as part of his Leader of the Opposition) (6.10 p.m.): I staffing? The only reason that she was not second the motion moved by the Leader of subsequently on the Minister's staff was that the Opposition and call on the House to he had already fixed up the consultancy for censure this Minister. I want to pick up on one her. It was essential that the Minister deny of the charges we make against this Minister. I that, and he has denied it since then, because want to deal with the Minister's attempt to deny his involvement with the Staib it has become too hot for him. It is too hot for consultancy. He produced a statutory a staff member to receive a consultancy. So declaration from Roger Plastow. Plastow, of having given out the list with her name on course, is a staff member of the Minister's. He it—and it was out in the marketplace—the used to be a staff member for Ivan Gibbs, so Minister had to cover it up. In covering it up, what did he do? He misled this Parliament. he is well versed in having to handle crooked National Party Ministers. He was never going Even Staib, according to the to give the Minister up. For the last six years documentation that was tabled this morning, he has been the spokesman for the Corrective was terrified about it. That is what she said in Services Commission. He knows every denial her statutory declaration. She was worried a person has to make when that person is about it. The trouble is that the Minister may cornered, and that denial is, "I don't have done everything to try to take her off the remember." That is what members heard this Government payroll, but he did not tell his morning. Whether he can or cannot remember typist. He told everyone else but, is immaterial. The fact is that the Staib unfortunately, he did not tell the person who consultancy was arranged while Keliher was was actually typing up the list. That is why the the director-general. That is why action was Minister went out the other day looking being taken to set it up. The documents the through his department for the person who Minister tabled prove it. It happened because had messed that up. The Minister was he told Keliher to do it. As a faithful public cornered. servant, he was carrying out those particular I also want to take the House to page instructions. three of the documents that the Minister I want to deal with Ian Street's letter, tabled this morning. This is important. This which was tabled last week by the Minister. document states— 828 Censure of Minister for Emergency Services and Minister for Sport 25 Mar 1997

"Because of the urgency, Mr. Tiley Department of Emergency Services, Dr Leo advised that the consultant has been Keliher, with whom I got on quite well—he is requested to undertake certain now known as the Shakespeare of statutory preparatory work and the consultancy declarations—presenting certain claims about should take effect from 25 March 1996." the engagement of Lyn Staib. Then it had the notation— I would inform all members that a ". . . (sic)—the date should have read 25 complete audit of the processes leading up to February 1996." the engagement of Lyn Staib has been completed. The audit of the engagement As it turned out, it was the 27th. Why 25 process was completed by Mr Peter Lockhart, February? It was four days before the Director, Internal Operational Audit, Minister's list was made public. As I said, that Department of Emergency Services. I would is why he conducted a witch-hunt in his add that the Department of Emergency department—because that list blew his cover. Services has recently received the award for It blew the charade that he had put in place the best disclosure of internal audit from the about looking after a mate and putting her on Institute of Internal Auditors under the the payroll. The Minister was too lazy in the Queensland Public Sector 16th Annual way in which he dealt with this. Awards. The Minister also misled this House in The scope of the compliance audit into relation to an answer given to the member for the engagement of Lyn Staib was broad to Currumbin in which he stated that Ms Staib say the least, with all matters being considered was paid $37,377 for her work on the QFS. to gauge the level of compliance with the The Minister should not quote old briefing relevant guidelines and policies. A complete notes. That is his problem. He did not bother examination of all departmental records and to check the new briefing notes. In addition to relevant guidelines and policy was completed. that, Ms Staib was paid a further $12,877, The State Purchasing Policy, Guidelines for which she claimed as a fee for the the Engagement of Consultants and the implementation of the Fire Service review. Department of Emergency Services Financial However, in trying to do a bucket job on Kevin Management Practices Manual were closely Keliher today, the Minister actually gave her examined. Statutory declarations were taken up, because he confirmed that, in terms of from Lyn Staib and Mr Roger Plastow in Kevin Keliher being paid $50,000, he said that respect of the matters declared by the former it was the same as that paid to Lyn Staib. In Director-General of the Department of other words, this morning the Minister Emergency Services, Mr Leo Keliher. confirmed what he did not tell the member for Currumbin last week, namely, that she was in In addition to this thorough examination, fact paid almost $50,000. He was out by interviews were conducted with all relevant $12,877. departmental officers, including Mr Matt Tiley, Director, Facilities and Assets Services, who If she is qualified to do the job—and she provided advice to none other than the said she was—then the Minister will have no previous director-general of the department, trouble tabling her CV in this place. Let me tell Leo Keliher. This is where things get members that she has never set one foot in interesting. It has been revealed that, through that department. Her only experience—as the interview with Mr Tiley, at no stage did Dr outlined by the Leader of the Opposition—was Keliher ever make mention of a particular with the Gold Coast Waterways Authority, consultant or a proposed fee to be paid. The where she ran up a bill of $51m—same bill, real question is just why Dr Keliher would not same experience. The Minister should be have issued instructions to Mr Tiley when he censured. had stated in his statutory declaration that he Time expired. instructed relevant staff to take the appropriate Hon. M. D. VEIVERS (Southport— action to engage Lyn Staib at the rate of Minister for Emergency Services and Minister $2,000 per week. Furthermore, Mr Plastow, for Sport) (6.15 p.m.): I reject this motion who attended the meeting, has no recollection totally. There is no doubt that members of any fee for the consultancy being raised or opposite just do not know when they are on a even a name of the consultant to be dead end, with yet more claims that there has engaged. The current Director-General of the been some form of impropriety in the conduct Department of Emergency Services advised of the appointment of Lyn Staib to conduct a that fees to be paid were negotiated by him review of the Queensland Fire Service. What and not myself. we have is the previous Director-General of the 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 829

As the Fire Service had suffered badly the Leader of the Opposition really had his under six years of neglect by the previous heart in it. administration, an urgent need existed to conduct a review of the Fire Service. The audit Hon. D. M. WELLS (Murrumba) found that all guidelines were strictly adhered (6.20 p.m.): This Minister simply does not to and also found that the fees negotiated by understand. He stood up tonight and the director-general and Lyn Staib Australia appeared to be deeply wounded because he were extremely competitive and provided thought that we were accusing him of value for money when compared to a recent impropriety. What we are accusing him of is series of rates quoted by various consultants misleading the House. We are not saying that for a departmental consultancy of a similar the Honourable Minister is doing anything nature. Furthermore, the audit found that other than misleading the House. Nice blokes there was no doubt that Lyn Staib possessed can mislead the House. We do not think that the necessary background and qualifications he is not a nice bloke. We are not saying that to undertake the review, and she had he is a bad person. We are not saying that he submitted her curriculum vitae when she has sunk to the depths of depravity. We are registered as a potential consultant with the saying that he told a fib to the House. department. However, telling an untruth to the House is much more serious than telling an untruth to As there is no doubt that members anybody else. If one tells an untruth to the opposite suffer from acute hearing problems, House, one undercuts the very purpose of or more likely suffer from selective hearing parliamentary democracy, which is to enable problems, I will inform all members opposite, matters to be debated with some sort of as I have several times already, that at no cogency or some sort of sense of truth. If one stage has Lyn Staib ever occupied a position cannot do that, democracy is undermined. on my ministerial staff. The backroom wonders in the Opposition office have been hard at We have alleged that the Honourable work today attempting to produce evidence to Minister has misled the House on three points. the contrary, but have come up with nothing Firstly, he said that Lyn Staib was not on his more than a ministerial telephone contact list staff. The Opposition has tabled a document on which Ms Staib's name appears. The same that says that she was. We want to know: backroom wonders then came up with the what is this document? This document says brilliant idea that because the same mobile that she is the acting policy adviser. Other telephone number under Ms Staib's name documents that he has tabled show that she was that used by my current senior policy was paid from approximately 25 February or adviser, she had to have been employed on 26 February. If she was paid from taxpayers' my ministerial staff. What a load of rot! I do money from that date—and this document not think that any of them, or the Leader of says that she was his acting policy the Opposition, will be invited to Scotland Yard adviser—surely she was on his staff, and for detective school, as they have got it surely his literal words "She was never on my completely wrong. staff" must be untrue. How many acting policy advisers are not on the staff of a Minister? I Mr Beattie: You are trying to be half have never met one before. Here we have a smart. unique specimen: an acting policy adviser who Mr VEIVERS: I am not being smart. was in receipt of remuneration from the These are the facts. The member cannot beat taxpayers and who was not on the staff of any the facts. Minister—not even the staff of the Minister for Advice from the Ministerial Support Unit Emergency Services who, in a confidential indicates that Lyn Staib has never been memo circulated and available to every employed as a salaried employee in my office member, says that she was on his staff. That in either a temporary or permanent capacity. is misleading the House. This entire tactic by the Opposition is a frail The Minister misled the House also with attempt to beat up an issue that has no respect to the issue of his involvement in the substance whatsoever. May I add that consultancy. members opposite said that she went to the waterways authority when it had a debt of Mr Veivers interjected. $50m. When she got there the debt was $74m. She reduced it from $74m down to Mr WELLS: I am sorry. I would like to $50m, and then they kicked her out when they take that interjection. were there. This is despicable stuff that they Mr FitzGerald: "You love to practise have been going on with, and I do not think your Labor lawyer bit", I think he said. 830 Censure of Minister for Emergency Services and Minister for Sport 25 Mar 1997

Mr WELLS: I thank the honourable Mr WOOLMER (Springwood) member for the jewels of wit. (6.26 p.m.): In rising to speak against the Let us refer to the issue of the motion of the Leader of the Opposition, I feel consultancy in which the Minister says he was compelled to comment on the pitiful attempts not involved. On the one hand, Dr Keliher has made by the Opposition to undermine the a statutory declaration that says that he was Government's success in the implementation involved; on the other hand, a statutory of major reforms in the Emergency Services declaration from Mr Roger Plastow states that portfolio. As we are all very well aware, the he does not remember whether the Minister present Government inherited a department was involved or not. The Minister says that that had long suffered at the hands of a those two statutory declarations are succession of failed Labor Ministers. The inconsistent with one another. It does not look problems that existed at the time have been to me as though they are. If the Minister is identified and mentioned in this House on right, he ought to be conducting an many occasions. I do not intend to dwell on investigation, because if one of those statutory them any further. It is our Government that is declarations is untrue, a criminal offence has looking forward and planning for the future, been committed. It would be interesting to unlike members of the Opposition who are know which of those two honourable totally bereft of ideas in relation to this portfolio gentlemen the Minister thinks has committed and who have been reduced to a nagging, an offence. whingeing, niggling group of whiners who cannot bring themselves to admit the obvious, In fact, the two are perfectly consistent. that is, that the Department of Emergency One public servant says that the Minister was Services is in the best shape it has been in for involved and that he gave an immediate years. direction, and another public servant says that The Leader of the Opposition attempted he cannot remember whether the Minister was to provide a run-down of the chronology of this involved or not. This is supposed to be some sort of exculpation of the Minister. The third event, but the real trick of it all starts at the first matter in respect of which the Minister misled meeting between Dr Keliher and the Minister the House was the amount that was paid. As from which the statutory declarations arise. At recently as last week, he gave us to that meeting the Minister said, "I would like to understand that a smaller sum of money was implement the new Government's policy." made available than the figure that this week Terrific! What a good approach that is. That was said to have been made available. That new policy was definitely needed. We have may have been an error. It is no offence to seen statutory declarations that say this, that inadvertently mislead the House; however, as and all the rest of it. Contradictory evidence the honourable the Deputy Leader of the has been presented. Dr Keliher returned to his department and invoked the urgency Opposition says, he stands under a duty to provisions of the State Purchasing Policy. He correct it. did not mention names, dollars or consulting The first two matters to which I have companies to his department. Not only did Dr referred are major issues of misleading the Keliher mention those issues to his House. The Minister needs to explain or pay department—about which he is accusing this the penalty under the Westminster system of Minister of giving directions—but also he resigning. Precedents in Australia have been asked Mr Tiley, the facilities and assets referred to by the Leader of the Opposition. management director in the department, to There is the most recent case of John Brown, investigate the urgency provisions for the who resigned in 1987 after he was shown to potential issuing of contracts. What did Mr have misled the House in relation to an Expo Tiley come up with? There was no mention of matter—a formality. In 1975, Jim Cairns and money or names and no breaches of the Rex Connor were required to resign. Even State Purchasing Policy. He stated that it was here in Queensland, Mr Alf Muller was completely within the guidelines and that, if Dr required to resign because he had told a Keliher wished to invoke the urgency clauses meeting of his parliamentary colleagues that in the State Purchasing Policy, Dr Keliher he was not the Muller Adolf G. named in a could do so. That is exactly what he did at that document that referred to him as a tax time. Then a third party was involved. That defaulter. Those precedents indicate what person had no recollection of a money ought to be done by a Minister when he or amount, names or consulting contracts. she misleads the House: the Minister should This is a very, very muddy mud-throwing explain or resign. exercise from the Opposition, as usual. Dr Time expired. Keliher invoked those urgency clauses 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 831 because he perceived that the Government bring to the inquiry process? What did she needed to do something and do something actually do? Despite the Estimates procedure, quickly. That is exactly what we have done. I in which I uncovered the fact that Ms Staib suggest to honourable members that it might brought nothing whatsoever to that whole be more a case of sour grapes now that Dr process, I am none the wiser now than I was Keliher has gone south and can see an 12 months ago. opportunity to perhaps return to the beloved Ms Staib came down there without so State of Queensland. Perhaps he thinks that much as a biro in her pocket. She came down he can help his case. there, was given a hire car, was given an We have just heard from the Minister that office, was given a computer and was given the department's auditor is a highly 400 bucks a day for the privilege of being commended auditor, having taken out audit down there. Under those circumstances, why prizes this year. For the benefit of honourable would not she take the job? members I will read the introduction to the I even asked a question of the Minister's conclusion of his audit report— Mr Tiley. I would not listen to him too much "It appears from interviews with because he lied to the Estimates committee various officers and an examination of when he told that committee that Ms Staib relevant documents and records that the brought a mobile phone down there. She did process utilised to engage Lyn Staib not bring a mobile phone down there. That Australia complied with requirements and was supplied by the Minister's department. If in the circumstances applying at the time, the Minister checked his records, he would find ie. a genuine need for urgency and that that is the case. So I would not put much confidentiality. The former Director- store in anything that Mr Tiley had to say. General"— The fact of the matter is that when Ms that is, Dr Keliher— Staib got her job down there, she cobbled "sought advice from a senior together a report of existing material that was departmental executive in respect of around at the time, came up with the magic engaging consultants in a case of figure of $30m that was needed to be spent urgency, and this advice was acted upon. on the Fire Service and got 50 grand for the Mr Tiley advises that exemptions have trouble. Then she strapped up again, for the been granted in many instances where dubious reasons that she was cheap and that warranted in the past." she was good, and got another $50,000 out To suggest that this Minister has of the Ambulance Service review. That is the somehow misled the House and that he has heart of the matter. That is what occurred. not fulfilled his ministerial responsibilities is a As far as I can ascertain, Ms Staib got complete and total fabrication. We have heard $100,000 for doing sweet nothing. Despite the much made about that original meeting. In his fact that time and time again the Opposition statutory declaration that was tabled this has asked questions, the Minister has shone morning, Mr Plastow says that they no light on that particular subject. The discussed— statutory declaration that the Minister tabled ". . . Government policy and that he this morning just indicates the facts, that this wanted the review started as soon as matter that Keliher raised was nothing short of possible." absolutely 100% accurate. Plastow has stated that he cannot remember. Keliher can There was an intent of urgency and, at his first remember with absolute clarity the name opportunity and of his own accord, Dr Keliher "Staib". The name "Staib" was put to Keliher started the Government contracting process in and he went down and saw Tiley. Why do accordance with State policies. The Minister members think he went down and asked Tiley has done nothing like mislead the House. The about putting someone on? For the benefit of Opposition has thrown mud in its his own health? Of course he did not! As the witch-hunt—or, as the case may be, statutory declaration says, he was told on that "warlock-hunt"—in an effort to try to—— date that that was what was required of him. Time expired. Being a loyal public servant, he went and did Mr SCHWARTEN (Rockhampton) that. (6.31 p.m.): For almost 12 months in this place All that the Opposition has ever asked the I have been seeking the answers to three Minister to do is to stand up in this House and questions, and they are pretty simple ones. say why he did it. Time and time and time Why was Ms Staib employed? What did she again I have asked: why was this person 832 Censure of Minister for Emergency Services and Minister for Sport 25 Mar 1997 chosen above all the other consultants in the The fact of the matter is that if the State? Why was she given—— Minister had come out and told the truth in the Mr FitzGerald: Who gave you the job first place that he put on Ms Staib because there? she was an old mate, a lot of people would have a great deal more respect for him. As for Mr SCHWARTEN: Tom Burns gave me the Minister's statement this morning about the job. comparing Keliher—— Mr FitzGerald: Why did he give it to Time expired. you? Mr BAUMANN (Albert) (6.36 p.m.): In Mr SCHWARTEN: Because I was the speaking to this motion, let me say that the most meritorious on his ministerial staff. He did claims that have been made by the not duck away from it like this bloke is doing. Opposition concerning the Honourable Unlike this bloke, Tom Burns never ever hid Minister for Emergency Services in regard to from it. I never got 400 bucks a day, a free the engagement of Ms Lyn Staib are nothing car, a free mobile phone and all the rest of it. I more than scandalous. An exhaustive can give members the tip, I did not get two process to once and for all establish the grand a week and I worked harder than Ms integrity of the processes leading up to the Staib did. I wrote half the stuff that she put in engagement of Lyn Staib has been her consultant's report. So the member completed. The current Director-General of the opposite can pull his head in, the grub of a Department of Emergency Services, Mr John thing. Hocken, directed that a complete audit of the processes be conducted as a result of The fact of the matter is that this woman statements made by the former brought absolutely nothing to this whole Director-General of the Department of process. She knew nothing about the Fire Emergency Services, Leo Keliher. Service—had never even spoken to a It is still a mystery why the former firefighter before she was given this task. So director-general remained silent for some why was she given the job? That is the months before he decided to sign a statutory question that the Minister will not answer. Why declaration last week revealing his alleged was she given this plum job—two grand a recollection of a meeting with the Minister on a week, $100,000 a year, supplied with all the date he cannot remember and at a time that best people down there to do the research for he cannot recall. Obviously, Mr Keliher was her, supplied with free travel throughout the prompted by some self-interested party to State, supplied with a motor car and free provide selected recollections of a petrol and all the other trimmings? If members conversation that he allegedly had with the added it up, how much would they think that Honourable Minister more than 12 months all that came to? ago. Clearly, by this attack, Mr Keliher, from Today, the Minister referred to some his highly paid senior Public Service position in dubious fees charged by consultants. Those New South Wales—that last great bastion of people bring all of their equipment with them. State Labor maladministration—is attempting They bring staff with them, they bring to exact some type of revenge. computers with them, they at least bring a car The audit conducted by the director of the with them and they certainly bring a phone. Internal Operational Audit unit of the This woman arrived off the street with nothing Department of Emergency Services has found but the clothes she stood in and was given that all relevant guidelines were adhered to, two grand a week. and when one reads the audit, one will see The Minister must think that people are that the Minister had very little to do with the stupid enough to wear that sort of story. All the engagement of Lyn Staib. Opposition has ever asked the Minister to do For members opposite to raise allegations is to say why he gave his old mate the job. He of impropriety in the process of the picked her out of obscurity from that disaster engagement of consultants is peculiar, to say that she was running. Back in those days, the the very least. The long line of dubious deals Minister defended the Gold Coast Waterways that were done by the Labor Party when it was Authority debacle. Clearly, he was notified of in Government is endless. Obviously, those why this occurred, and he has never ever great words of wisdom, "Let he who is without answered that question. The Minister has sin cast the first stone" have fallen on deaf evaded it. There have been more twists in this ears, or perhaps members opposite believe matter than there are on the Mount Morgan that they have risen to some higher form of range road. divinity. 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 833

A former Labor Minister for Emergency wonderful contribution, which the Minister Services, who has since retired and gone should not thank him for, the member for fishing, set up one of his staff members in a Albert said that the Ministerial Support Unit consultancy that reaped her more than said that Lyn Staib was never on the Minister's $160,000. The then adviser to the Minister, Mr staff. If the Ministerial Support Unit swears to Tom Burns, Ms Raylene Kelly, proceeded to that, I will accept it. However, the Minister has obtain a consultancy from the then Labor never explained how Lyn Staib's name came Government. Fees for the consultancy into the to appear on two lists of staff members which review of the Queensland Building Services emanated from his office. He has never Authority were not to exceed $40,000 and explained that and the Parliament deserves every assurance was provided by the then an adequate explanation. Tonight, the Minister that that figure would not be Minister said that a list was doctored up by the exceeded. However, we had the incredible Labor Party in the back room. I assure the situation that Ms Kelly picked up a cool Minister—— 160,000 bucks for a review that was a Mr Veivers: I did not say that. complete and utter failure. Equally scandalous are claims emanating Mr J. H. SULLIVAN: The Minister did from the Opposition that Lyn Staib was a say that. I assure the Minister that the list member of the Honourable Minister's staff. For tabled by the Leader of the Opposition the benefit of the not-so-learned members tonight—— opposite, I point out that the Minister is in Mr Veivers: Are you smoking pot? Have possession of written advice from the you gone off your head? Ministerial Support Unit that Lyn Staib was Mr J. H. SULLIVAN: I take that never a member of the Minister's staff. The interjection from the Minister. I ask that he advice from the Ministerial Support Unit withdraw the implication that I am smoking states— pot. The Minister is alleging, by way of "A review of Ministerial Support Unit interjection, that I am smoking a prohibited records indicates that Ms Staib has never substance. I ask that he withdraw that been employed in a salaried position in comment as it is false and offensive. the Office of the Minister in either a temporary or permanent capacity." Mr SPEAKER: The honourable member has found an interjection offensive I consider that such written advice would prove and has asked for it to be withdrawn. to any fair-minded person that Ms Staib was never a member of the Minister's staff. Mr VEIVERS: I did not say that he was However, it is becoming evident that, owing to smoking it. I said that he had smoked it, but I a distinct lack of issues, the Opposition will withdraw the comment. scrape the bottom of the barrel for just about Mr J. H. SULLIVAN: Earlier tonight, anything in an attempt to score cheap political the Minister alleged that members of the points. Premier's Department had issued the On a number of occasions the Minister Opposition with a false document in response has explained fully to the House the to an FOI claim. In case Hansard is moved to circumstances surrounding the engagement of amend them, I will repeat the words of the Ms Staib as a consultant. Furthermore, any member for Albert in his wonderful claims that Ms Staib was a member of the contribution. He said that the Minister had Minister's staff are completely false and, as "very little to do with the appointment of Lyn the member for Murrumba is so fond of Staib". For two weeks the Minister has been saying, nothing more than a blatant attempt to telling us that he had nothing to do with the mislead the House. appointment of Lyn Staib. Now the member for Albert tells us that he had very little to do Mr J. H. SULLIVAN (Caboolture) with it. There is an inconsistency there that (6.40 p.m.): There is an old adage that if it needs to be looked at. looks like a duck, waddles like a duck and quacks like a duck then there is a fair chance Mr Veivers: What about when you said that it is a duck. The Minister's behaviour in this evaluation was a terrific report? You this matter shows that this is, in fact, one of couldn't do it in five years and I did it in 10 those ducks. months. Ministerial staff lists—not one, but two— Mr J. H. SULLIVAN: We will talk about show Lyn Staib occupying a position as acting the ambulance inquiry later and I will give the policy director on the Minster's staff. In his Minister a copy of my speech. 834 Censure of Minister for Emergency Services and Minister for Sport 25 Mar 1997

The Minister said that the appointment "A review of the Ministerial Support was cleared under an audit process—let us Unit records indicates that Ms Staib has call it the Hocken audit. Did the Hocken audit never been employed as a salaried interview the Minister in relation to this employee in the office of the Minister in appointment? How is it that there are two either a temporary or permanent statutory declarations, one which says that the capacity." Minister is involved and one which says that I see the pieces of paper that are being the man cannot remember? I want to know held up by people such as the member for whether the Minister was interviewed during Murrumba. Is the member suggesting that the Hocken audit. Perhaps the Minister will people employed in the Ministerial Support answer that question for the Parliament at Unit are telling an untruth? some stage. Mr Elder: Well, someone is telling a The truth is this: the Minister has never porky. explained why Lyn Staib appears on his ministerial staff list. I can tell the Minister that Mr HEALY: If they are, let us state it on Lyn Staib would have had some expectation the public record. It is another indication of the of a position with the Minister. I do not know smear campaign against our hardworking why that position fell through, but this whole public servants. process has a smell about it—the smell of a An internal telephone list, on which the Minister giving a consultancy to somebody Opposition seems to be basing all its whom he had to disappoint; somebody who information, is all wrong. In fact, in her had an expectation of being appointed to the statutory declaration, Ms Staib clearly ministerial staff and who was not subsequently indicated that when she became aware that appointed. Not one but two consultancies an error had been made she spoke to the have been directed to this person in order to person who made it and had it corrected. At pay her off. no time was Ms Staib working in any capacity The Minister wonders why this issue is a other than on the Fire Service review. It is a bit live issue. I take the point made by the rich for the mob opposite to criticise the member for Rockhampton, who said that he appointment process when everything was has been trying to get these matters raised for clearly done above board and in the true and nearly a year. This issue is now being followed correct fashion. because the Minister, in his own embarrassing As the Minister said earlier today, the way, chose to answer a perfectly reasonable granting of a contract to the former director- question from a member of the Opposition by general's brother smells a little funny. It denigrating her as a "female person". The probably was not funny, and no doubt the Minister has made this issue fly. He has given issue would never have been raised in the it wings. I say to him, "Quack, quack." House unless the Opposition brought up the Mr HEALY (Toowoomba North) issue of contracts. Just as there was probably (6.45 p.m.): I rise to join in the debate nothing wrong with that process, there is regarding the appointment of Lyn Staib as a nothing wrong with the process involving Lyn consultant to review the Fire Service. It is a Staib. crying shame that the Opposition has little I would hope that the Opposition has better to do with its time than to try to smear something better to rely on than an internal the good name of members of the public and phone list, otherwise this has been yet another departmental officers. In the past few sitting of the ALP's wasted efforts. days the Minister has been pretty clear to the Mr Elder: What about the ministerial Parliament about the position of Ms Staib. I staff list? repeat, as the Minister has done on many occasions in the House, that at no time has Mr HEALY: Again, is the member Ms Staib been a member of the ministerial saying that they were telling untruths? If so, he staff. I do not know how many times we have should state it publicly. to say it. At no time was she a member of the Mr Wells: No. ministerial staff. Mr HEALY: That is fine. I just needed to I will quote from the memorandum get that on the public record from the member supplied by the Department of the Premier for Murrumba. That is fine. When most people and Cabinet's Ministerial Support Unit which find out that information is wrong, that would was presented to Parliament by the Minister tend to be the end of it. last week. It states— Mr Wells interjected. 25 Mar 1997 Censure of Minister for Emergency Services and Minister for Sport 835

Mr HEALY: I will take the interjections democracy, the Minister should resign for because they are inane interjections. We have misleading the Parliament and therefore the what the Opposition wanted on the public people of Queensland. record and we thank it for that. The Opposition A recent editorial in the Spectator of 10 is again dragging hardworking and upstanding June 1995 stated that ministerial responsibility people into the mire. The Minister has tried is the very foundation of the British system of and tried to get the message through so that representative Government. If it is taken away, public servants, former employees or current representative democracy would degenerate employees did not have to be mentioned "into the permanent temptation of modern adversely in Parliament. I commend the Government: bureaucratic tyranny". There Minister for his restraint. However, what must be individual ministerial responsibility or response do we get from the Opposition? our whole system of Government will fail. They run off to the former director-general who, by the way, is now working for the New In 1959, in his work Law and the South Wales Labor Government, to try to help Constitution, Sir Ivor Jennings, stated— their flimsy case! It is a disgrace, and the "Each Minister is responsible to failing bunch on the opposite side of the Parliament for the conduct of his House should lift their game. Department. The act of every Civil Sadly, if one looks through the Servant is by convention regarded as the documents tabled by the Minister this act of his Minister." morning, even that effort was a farce. Two In 1954, in his work Government and other people at the same meeting saw the Parliament, Herbert Morison said of ministerial issues raised in exactly the same way. Again, responsibility— that should have been the end of the story. "Somebody must be held However, again it was not. Last week we responsible to Parliament and the public. pointed out that there was nothing wrong with It has to be the Minister, for it is he, and the process, yet the Opposition chooses to neither Parliament nor the public, who raise the issue again tonight. In fact, it more has official control over his civil servants. than ever begs the question: why did the One of the fundamentals of our system of Opposition raise this obvious furphy in the first government is that some Minister of the place? Crown is responsible to Parliament, and The compliance audit into the through Parliament to the public, for every engagement of Lyn Staib to conduct a review act of the Executive." of the Queensland Fire Service speaks for The convention of individual ministerial itself. In every possible way it vindicates the responsibility is strongest in the area of actions of the departmental officers involved personal conduct. If a Minister misleads the and clearly supports the view that Lyn Staib Parliament, he or she is expected to resign. not only represented exceptionally good value There are plenty of examples of Ministers for money but also had the necessary acting in the correct manner and resigning qualifications for the task at hand. The fees after misleading the Parliament. In 1995, Ian negotiated with Lyn Staib appear to be very McLachlan resigned as Opposition competitive and provided value for money Environment spokesman after he inadvertently when compared with the recent series of rates misled Parliament over South Australia's quoted by various consultants for a Hindmarsh Island bridge affair. In 1975, the departmental consultancy of a similar nature. Honourable Reginald Connor resigned as Far from being the butt of criticism for the way Minister for Minerals and Energy after he in which they appointed Ms Staib, the Minister misled Parliament over the loans affair. In and his senior officers should be praised for 1987, the Honourable John Brown resigned as the efficient and professional manner in which Minister for the Arts, Sport, the Environment, they acted. Tourism and Territories after he misled Mr BRISKEY (Cleveland) (6.50 p.m.): I Parliament about the Expo tendering process. support the censure motion against the Those members of Parliament resigned after Minister for Emergency Services and Sport for misleading the Parliament, and so too should his misleading of the House. It is crystal clear the Honourable Minister for Emergency that the Minister has misled the House not on Services and Sport. one occasion but on two. What makes his The Government has been chosen to offence worse is that he knowingly misled the represent the people of Queensland. Ministers Parliament. In accordance with convention in must remain accountable to the Parliament the Westminster system of parliamentary and through it to the people of Queensland. It 836 Adjournment 25 Mar 1997 is the people of Queensland who have been NOES, 44—Baumann, Beanland, Borbidge, Connor, misled by this Minister—and on two occasions. Cooper, Cunningham, Davidson, Elliott, FitzGerald, If a member of the general public were given Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, the evidence that has been put before this Hegarty, Hobbs, Horan, Johnson, Laming, Lester, House, then he or she would say: yes, the Lingard, Littleproud, McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Minister has misled the House. Simpson, Slack, Stephan, Stoneman, Tanti, Veivers, In the first instance, the Minister made it Warwick, Watson, Wilson, Woolmer. Tellers: plain that he had nothing to do with the Springborg, Carroll appointment of Lyn Staib as a consultant to Resolved in the negative. review the Queensland Fire Service. He said that her appointment was approved by the acting director-general, as accountable officer. ADJOURNMENT However, what would a member of the general Mr FITZGERALD (Lockyer—Leader of public think if he or she were asked to read the Government Business) (7.01 p.m.): I move— sworn statutory declaration under the Oaths "That the House do now adjourn." Act of 1900 wherein the former director-general Dr Leo Keliher stated— Mr B. Wilkinson; Citizen's Right of ". . . Mr Veivers produced a sheet of Reply paper from his coat pocket . . . He then said he wanted action on the items Mr SCHWARTEN (Rockhampton) straight away. (7.02 p.m.): I believe I have the distinction of being the first member in this place to have . . . been subject to the new reform of this Parliament, that is, the citizen's right of reply. The first item was to arrange for the This is an important reform, as I am sure all engagement of Ms Lyn Staib. Mr Veivers members agree it is appropriate that honest explained to me that he wanted her to citizens have the right to reply to statements undertake a review of the Queensland made about them in this place. In this case, Fire Service. He also stipulated that she the citizen concerned is Mr Bruce Wilkinson, was to be paid at the rate of $2000 per who has taken issue with what I said about week." him on 31 October last in the course of my As there is a penalty under the law for making contribution to the second-reading debate on a false declaration, Dr Keliher would not put the Fire Service Amendment Bill. his reputation on the line by making such a My complaint about Mr Wilkinson at the declaration. Hence the Minister did mislead time was that he was not a very savoury the House, because it was he who chose Lyn character in that he had undermined the Staib, not the acting director-general. workplace reform process; had taken part in a The second occasion of the Minister's treacherous undermining of the UFU, misleading the Parliament is also crystal clear. Commissioner Skerritt and Dr Leo Keliher via a Again, any member of the general public filthy, anonymous publication known as could be asked to view the list of those on the CODE-INE; had purported to represent himself Minister's staff as at 29 February 1996. In to a public servant as an adviser to the black and white, we read "Acting Policy Minister for Emergency Services, Mr Veivers; Adviser". There is a ministerial office telephone sought to use the influence of one Ms Wendy number and a mobile phone number against Armstrong from the Premier's office; and was her name. an architect of the now infamous MOU between certain unauthorised UFU personnel Time expired. and the now Premier. Question—That the motion be agreed As I understand it, Mr Wilkinson wrote to to—put; and the House divided— you, Mr Speaker, denying these allegations and was duly granted a citizen's right of reply AYES, 43—Ardill, Barton, Beattie, Bird, Bligh, by the Members' Ethics and Parliamentary Braddy, Bredhauer, Briskey, Campbell, D'Arcy, De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Privileges Committee, and the outcome of that Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, process was the statement which was today McElligott, McGrady, Mackenroth, Milliner, Mulherin, incorporated in Hansard. Honourable Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, members will have noted that I supported that Robertson, Rose, Schwarten, Smith, Spence, incorporation. Interestingly, I note that this Sullivan J. H., Welford, Wells. Tellers: Livingstone, statement is somewhat different from what Mr Sullivan T. B. Wilkinson initially denied. Obviously, once Mr 25 Mar 1997 Adjournment 837

Wilkinson knew that he was subject to the in the coward's castle of anonymity but squeal possibility of contempt laws had any of his when exposed who do this great citizen's reply statements been disproved, he took a no justice at all. This should not deter any different line. For example, he said in his letter decent citizen from taking up this option in the to you, Mr Speaker, that he did not know future; nor should it discourage the Members' Wendy Armstrong, yet his statement today Ethics and Parliamentary Privileges Committee leaves out all reference to Ms Armstrong. from doing its job. I am glad that it has chosen Clearly, he does know Ms Armstrong and did to incorporate Mr Wilkinson's statement. I just seek to use her influence. Also his statement wish his original letter could be incorporated as about not pretending to be an adviser to the well. That way, all Queenslanders could see Minister is untrue. I could prove this but, him for what he really is. regrettably, to do so would endanger the career of an innocent public servant, so I shall not pursue that matter. Rockhampton/Capricorn Coast Mr Wilkinson also states that he did not write or play a role in the distribution of that Hon V. P. LESTER (Keppel) filthy rag CODE-INE. Again I know this to be a (7.06 p.m.): This evening I want to make a few falsehood. As for his statement about his comments in a positive fashion about the non-involvement in the MOU—I believe that areas of Rockhampton and the Capricorn an honest reading of the transcripts of the Coast. Carruthers inquiry will tell a different story. Mr Pearce: Great places. Curiously, he also states that he was acting on instructions from the Brisbane branch of the Mr LESTER: The member for Fitzroy United Firefighters Union in regard to the says that they are great places. His area is a matter of the placement of an advertisement great place, too, just near Rockhampton. in the Townsville Bulletin. One would have to One industry that I would like to see wonder why he, as a non UFU member— promoted in central Queensland is bearing in mind that he was expelled from that aquaculture. It so happens that the Primary union—was involved in such a matter. Industries Minister is in the Chamber this I retract nothing of what I said about Mr evening. I believe that we have a great Wilkinson on 31 October, and I do not believe opportunity to promote and grow prawns, his statement which has been incorporated crayfish and other products in my area. The today should be treated seriously. It is a amount of work that can be generated from cleverly crafted piece of creative writing such a procedure is quite outstanding. We designed to get him off the hook, and any fair- should be pursuing this industry. I certainly minded person will see it for what it is. You would be grateful if the Minister would appoint see, Mr Speaker, Mr Wilkinson has a track an officer on a permanent basis to advise our record of doing as he pleases without due people. I know that he is thinking very hard consideration for others. This is perhaps best about it, and I know that he is going to do it. demonstrated by the case of him wilfully We will be the beneficiary of the Minister removing one of the three specialised aerial having done so. firefighting appliances from the city in 1995 and thereby risking the lives not only of the I note that the Minister for Environment, workers in the high-rise CBD buildings but also Brian Littleproud, is also in the saddle at the those of his fellow workers. He took that moment. I have some very good news related appliance and two firefighters to the Lytton to his portfolio. Tourism operators in the training complex and refused an instruction to Byfield area, which is a national park area, are return it and then booked off sick when he was looking at ways and means of promoting this caught out. When he was charged for this, his absolutely pristine area through careful mates stuck by him and corroborated his story ecotourism. We will be supporting this move in for appeal only to have him withdraw that no uncertain terms. In recent times I looked at appeal and therefore risk the jobs of his other national parks areas that are similarly mates, who were then exposed for wilfully promoted, including Noosa and some parts of misleading the Commissioner for Appeals. In Mount Tamborine. There is a lot of effort going effect, he ratted on his mates—a low offence into those activities. We would like to see a and one that no decent unionist would little bit of that effort spread to central condone. Queensland. This would give people an excellent alternative destination. I say as a matter of regret that it is people such as Mr Wilkinson who can dish out the dirt Mr Schwarten: Get to Kinka Beach. 838 Adjournment 25 Mar 1997

Mr LESTER: Somebody told me that if into somebody and knife them. We do not we just wait a little longer the member's house have to do that in Parliament. We can achieve at Kinka Beach will go! a heck of a lot more by just having a little bit Mr Schwarten: No doubt you'd be of— joyous about that. Mr Pearce: Having lunch together. Mr LESTER: No, I would not be joyous. Mr LESTER: Yes, we can. I will leave it I am going to represent the member and fight at that; my time for this speech is nearly up. very hard for him, as I have always done in the Time expired. past.

Mr Schwarten: You'd better get on with Privilege the job. The sands of time are running out. Mr CAMPBELL (Bundaberg) Mr LESTER: No problem; we are doing (7.10 p.m.): In January this year, an historic very well there. Actually, we have done far document was presented to the Legislative better than when members opposite were in Assembly of Queensland. It was a report from Government, during which time the member the Members' Ethics and Parliamentary himself admits nothing was done. We have at Privileges Committee on a matter of least secured some money for the project. privilege—the alleged misleading of the House Mr SCHWARTEN: I rise to a point of by a Minister on 14 November 1996. Since order. May the tongue be struck from the that day we have seen in this House a new honourable member's mouth! I find that a low in democracy in Queensland, a new low in most offensive remark. I have never admitted accountability and responsibility in that dubious statement that was made. The Government and a new low in accountability fact is that there was a lot done under our and responsibility to Parliament. Government. Although it was shown that a Minister of Mr DEPUTY SPEAKER (Mr Laming): the Crown misled Parliament, no move was Order! Is the member seeking for that made by the Premier or by the Minister to take statement to be withdrawn? action against those members of his department who gave him incorrect Mr SCHWARTEN: I am seeking that it information and caused him to mislead be withdrawn accordingly. Parliament. In other jurisdictions there have Mr LESTER: I do not think that is a been examples of a belief in accountability. point of order, really. I will say that on For example, John Brown offered his Christmas Day Mr Schwarten did come and resignation for misleading Parliament. Rex have a look at Kinka Beach and talked to me. Connor offered his resignation for misleading He said to me, "You are doing a good job. I Parliament. Even a shadow Minister down will leave it to you." there in Canberra offered his resignation when he was found to have misled Parliament. In Mr Schwarten: I said it is your fact, when Minister Cairns said he was not electorate. going to resign over the loans affair, Whitlam Mr LESTER: That is very good. I hope sacked him. That was because there was now that, between the two of us, Parliament accountability by the Crown, by Executive realises how important Kinka Beach is and Government, to the Parliament. how much work has to be done to make it a It is very sad that we have seen that now better and safer place for everybody. there is really no democracy and no accountability to the Legislative Assembly, the Mr Pearce: We're never allowed to House of the people chosen by the people. forget it. We have a situation now where Ministers can Mr LESTER: Of course honourable mislead this House and no action is taken. members are never allowed to forget it and When we look at the situation concerning the they never will be allowed to forget it. We have annual report of the Queensland Building turned the debate around pretty well from Tribunal, we see that Legal and Contractual getting into me to supporting me in about four Services provided incorrect information to the minutes. It is very good. It is nice sometimes Minister. That branch stated that it thought that Parliament can be a little bit like this. We that the tribunal was a statutory body, and that have achieved a lot between us without was the information it provided to the Minister. belting the hide off everybody. That is what is In fact, Kevin Davies, the Director-General very important. We tend to be too keen to get said— 25 Mar 1997 Adjournment 839

"Minister: if you are happy with this Cyclone Justin course of action and letter, we will return it Ms WARWICK (Barron River) for signature." (7.15 p.m.): It gives me no pleasure to inform He indicated that the possible courses of the House of the devastation suffered by action were as follows— far-north Queensland from cyclone Justin. Fortunately, my own electorate of Barron River "The Minister may decline to accept escaped with very little physical damage and the report for not complying with the Act. no loss of life. For that I am grateful. However, . . . the damage caused to the Marlin Marina and The Minister may then draw up a list of to the crops in the areas surrounding Cairns directions as to what should be included will greatly upset the economy of far-north in the report in accordance with section Queensland. 46J(3) of the Act. The Marlin Marina was home to some . . . 114 boats, 70 or 80 of which are working boats whose operators are involved in fishing, The Minister may choose not to table the diving, reef cruises and the calm water cruise report in Parliament in its current or industry. These operators employ staff, and 16 amended form." of the berths are occupied by major operators When that information was given to the such as Ocean Spirit. Unfortunately, the Minister he then wrote a letter, after making a marina is the focal point of their businesses statement in the House on 14 November, and no other suitable alternative location saying that there should be a report provided. within the port area is available for them from On two occasions, on 15 November and then which to conduct their businesses. The Cairns 21 November, the Solicitor-General said that Port Authority will naturally do all in its power to that was incorrect information. He said that accommodate these operators as best it can twice before the Minister would take any on a temporary basis. action. What action was taken? No action was The marina is located within the main taken in this House until the Privileges waterfront tourism precinct of the port. It is Committee said the Minister should offer an estimated that there are in excess of 1.5 apology. million passenger movements per annum That was the only action that the across that section of the waterfront adjacent Privileges Committee could ask for because it to and including the Marlin Marina. The marina does not have the power to make a was inspected by loss assessors last Sunday recommendation that a Minister should be morning and they advised that they will sacked—that is up to the Premier. Ministers recommend that the marina is written off. are responsible to the Premier. We now have Last Sunday, my colleague the member as a precedent in this House for this for Mulgrave and I accompanied the Minister Government and future Queensland for Emergency Services, Mr Veivers, on a tour Governments that if a Minister misleads the of devastated areas and we were horrified, House, even unknowingly, no action will be particularly at the destruction of the marina. taken by the Premier. But worse still, in other Minister Veivers immediately spoke to the jurisdictions in which the Westminster system Premier and to the Minister for Transport and operates, when incompetent public servants advised them of the problems facing the provide incorrect information, the responsible operators of these boats who now effectively Minister still takes responsibility for the have no base from which to work. On Monday, incorrect information provided by the the Premier and the Minister for Transport department. We have not adopted that visited Cairns and inspected the marina and practice here. No action was taken against a immediately promised funding for a totally incompetent director-general or the replacement marina to be constructed as soon Legal and Contractual Services section of his as possible. The new marina will be department. That means that public servants constructed in such a way as to withstand can now give incorrect information which can future cyclonic activity. Two options are lead to Ministers making misleading currently being investigated, with replacement statements in the House, which destroys the costs in the vicinity of $5m. whole basis of accountability to Parliament. I can assure this House and the people of The Minister can now mislead the House and north Queensland that this Government is effectively no action will be taken. Democracy totally committed to small business, to tourism is gone. and to far-north Queensland so we will do Time expired. everything possible to get a replacement 840 Adjournment 25 Mar 1997 marina up and running as soon as possible. Redcliffe-Caboolture District Health For that I would like to thank the Premier and Council; Caboolture Dental Clinic those Ministers I mentioned. Hon. K. W. HAYWARD (Kallangur) Already, the region has lost hundreds of (7.21 p.m.): Mr Deputy Speaker, today in the thousands of dollars in tourism revenue. Parliament you made some comments about Unfortunately, Cairns is in a high risk area for the appointments of health councils in cyclones. I understand that every year we face Queensland. You particularly made reference a potential of 10 cyclone threats. Every time to the Sunshine Coast and to the appointment there is a threat or a perceived threat, people of the Redcliffe-Caboolture District Health cancel holiday plans for visiting our area and Council. In the comments that you made, you our local businesses suffer economically. I intertwined your congratulations on the various noted with approval remarks made by my appointees to the health councils with a parliamentary colleague the member for reduction in waiting lists for health services. Burdekin in yesterday's Cairns Post about the I want to take this opportunity tonight in negative impacts on our tourism industry which this Parliament to also congratulate the people are caused by irresponsible reporting of who have been appointed to the Redcliffe- cyclone threats by State and national Caboolture District Health Council. I also want television journalists. to take the opportunity to sound a note of warning to those appointees. I think it is My electorate of Barron River suffered important for all of us as members of flooding and beach erosion damage. While Parliament to understand this. In the end, the cyclone Justin was roaring around the Coral success in dealing with the issue that you Sea during the past fortnight, it whipped up talked about today, that is, waiting lists and huge waves that pounded mercilessly the health services in general, will be how much beaches in my electorate. We already suffer they achieve and how they work. That will be an erosion problem, which was naturally how the health councils are judged. exacerbated by the high seas. At Machans I believe that the big challenge for health Beach, waves crashed over a rock wall and councils is that they not be a rubber stamp for damaged the road, while some people placed Government indifference and that they do not sandbags across the front of their homes to spend their time defending Government protect them from sea water. I understand that decisions—decisions which attack local people some Holloways Beach residents fled their and local health services in various districts. I beachfront homes as huge seas pounded particularly want to make reference to the their front yards. Redcliffe and Caboolture health district. I also Erosion has been occurring for as long as believe that it will be judged harshly if cutbacks history has been recorded in that area. Only in services occur in areas and this is met by last year, I requested the Beach Protection silence from the various health councils. I Authority to carry out an audit to look at some believe that, with issues such as the winding options for dealing with this problem at back of local services, which is occurring right now in the Caboolture Hospital with the closure Holloways Beach. Cyclone Justin has certainly not helped the situation. I understand that the of wards, if the members of the health council northern end of Trinity Beach has also sit in silence on that, in the end they will be judged, and they will be judged negatively. If received a battering and suffered considerable they work to hold back expansion—expansion erosion damage. I accompanied Minister Mick that should be occurring in the Caboolture Veivers as we did an aerial inspection tour of Hospital now, with the obvious population my electorate last Sunday, so I know that he is increase that is occurring in the area—they will very aware of the damage which cyclone be judged harshly. And if they engage in Justin caused. Kuranda suffered some attacking local members of Parliament who damage, mainly from fallen trees, and I raise issues dealing with health services in the understand that there was some structural area, they will also be judged harshly. I believe damage to four or five homes. that their success—and they have an Today's edition of the Courier-Mail carries opportunity to succeed—will be the extent to a colour photograph of the Barron Falls in all which they are able to assist in the expansion its magnificent glory, swollen by the excess of hospital and health services in Caboolture, rain dumped on the area. I cannot recall ever in their ability to grasp the rapid changes that seeing so much water over those falls. are occurring in technology and harness that growth in the Caboolture area, and in any Time expired. efforts that they can make to attract more 25 Mar 1997 Adjournment 841 medical staff, particularly specialist services, dinner and concert was held at which the into the area. That is the task and the winning contestant for the title of Charity opportunities that exist for the Redcliffe- Princess was announced. That group of young Caboolture District Health Council. Its basic ladies, who individually raised funds by raffles task will be to fight for the Caboolture district. and other activities, were a credit to their Mr Deputy Speaker, today when you families and the community of which they are spoke you made some comments about the part. success in waiting lists. The issue I want to Redlands residents are no strangers to highlight in the Parliament tonight is the matter the hard work of raising funds for much- of dental treatment at the Caboolture Dental needed community facilities. The present and Clinic. I am aware that, as at 31 August last main ambulance station in the shire was built year—six months into this Government's at Cleveland with the assistance of funds term—the list of people waiting for dental raised by the community several decades ago. services at the Caboolture Dental Clinic was Mr Gerald Moore, one of the shire's leading 4,311 people, and they had to wait 134 weeks citizens and part of a family that has had a for service. Last week in Parliament, I asked a long association in the district, is heading the question of the Health Minister to compare the Ambulance Benefit Committee. I am 31 August figures with those of 28 particularly keen to see the station become a February—six months later—given the reality, not only for the benefit of the residents improvement in waiting times that has been of the southern end of the Redland Shire but talked about. also to assist the residents of the southern This matter has been highlighted to me Moreton Bay islands. Currently, those islands because of the continuing complaints that I have only honorary officers to service their get in my office. Those complaints are so small but growing community, so an vigorous and so loud that I am sure that the ambulance centre at Redland Bay would answers are going to show that, when we look provide a faster response than at present at the 28 February lists, they will show some provided from Cleveland. There is a possibility sort of marginal reduction in numbers and that land will be provided by the Redland Shire times. I believe that the reason they are going Council for the centre, so I am hopeful that the to show a reduction is: who would want to get Minister will provide for the building in this on the list? When someone is told that they year's Budget. are going to have to wait nearly three years for In addition, as the population of the bay dental services, why would they get on the islands is rapidly increasing, there has been a list? Obviously, a lot of people will make the corresponding demand for ambulance choice not to wait. services. Unfortunately, the local honorary This is one of the big challenges for the officers who have provided many years of Redcliffe-Caboolture District Health Council: to voluntary service are finding it difficult to use its influence, to work hard and to work continue to provide their services due to determinedly to reduce waiting times for dental personal reasons, such as having to work on services in the Caboolture area. The success the mainland. There is no doubt that the in that endeavour is how they will be judged. population on the islands is on the increase, and I will be most interested to see the results Time expired. of the latest Census, which I am confident will verify that the figures that are currently used as a basis for the provision of Government Redland Bay Ambulance Benefit services are likely to have doubled. Testimony Committee to this is the increase in building approval Mr HEGARTY (Redlands) (7.26 p.m.): I activity in relation to retail shops being built on would like to pay a tribute to the members of Russell Island. Two years ago, the Russell the Redland Bay Ambulance Benefit Island community was the grateful beneficiary Committee, which is an enthusiastic and of a new ambulance centre. The centre hardworking group of residents in my provides for the accommodation of an electorate. Formed to raise funds to help ambulance officer and is fully equipped. equip the ambulance station when it is built, Time expired. so far the committee has raised funds in excess of $15,000 with its activities to date. Motion agreed to. Last Saturday evening, a very successful The House adjourned at 7.30 p.m.